HomeMy WebLinkAbout49-82 RESOLUTIONrs.
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RESOLUTION NO: 44 gal -
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A CONTRACT WITH McCLINTON ANCHOR COMPANY
FOR CONSTRUCTION OF IMPROVEMENTS TO 7TH, 9TH, 11TH,
12T11, and 13TH STREETS UNDER THE CITY'S COMMUNITY
DEVELOPMENT PROGRAM.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
That the Mayor and City Clerk are hereby authorized and
directed to execute a contract with McClinton Anchor Company
for the construction of improvements to 7th, 9th, 11th: 12th,
and 13th Streets under the City's community development program.
A copy of the contract authorized for execution hereby is
attached hereto, marked Exhibit "A", and made a part hereof.
PASSED AND APPROVED this b day of
APPROVED:
3y2J
1982.
ATTEST:
TY CLERK
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MAYOR
42-feefreez
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between
CONTRACT
THIS AGREEMENT, made this day of
City of Fayetteville, Arkansas
(Corporate Name of Owner)
herein through its Mayor
and
HUD -4238.F
I6-66)
i9824.
, by and
, herein called "Owner," acting
(Title of Aurhon'ted Official)
McClinton—Anchor Company, Division of APAC —Arkansas, Inc.
STRIKEOLT (a corporation) (a-partraicsisita)
INAPPLICABLE (axidadivirl44-Ideinf buzin'Pecas-
TERMS
of Wilmington
hereinafter called "Contractor."
County of
Newcastle
, and State of Delaware
WITNESSETH: That for and in consideration of the payments and azreements hereinafter rnentioned. to be
made and performed by the OWNER. the CONTRACTOR hereby agrees with the OWNER to commence and complete
the construction described as follows:
Street and Drainage Improvements
Oe hundred eleven thousand
hereinaftercalledtheprojea,forthesum of Nine hundred Eighty—one and no/100 Dollars
(S • * ) and all extra work in connection therewith, under the terms as stated in the General and Special Con-
ditions of the Contract:and at his (its or their) own proper cost and expense to fumi,h all the materials, supplies,
machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to com-
plete the said project in accordance with the conditions and prices stated in the Proposal. the General Conditions, Sup-
plemental General Conditions and Special Conditions of the Contract, the plans, which include all maps, plats, blue
prints, and other drawings and printed or written explanatorv matter thereof, the specifications and contract documents
therefor as prepared by McGoodwin, Williams and. Yates, Inc.
herein entitled the Aniriti2=t1Engincer,
and as enumerated in Paragraph 1 of the Supplemental General Conditions, all of which are made a part hereof and col-
lectively evidence and constitute the contract. .
The Contractor hereby agrees to commence work under this contract on or before a date to be specified in a
written "Notice to Proceed" of the Owner and to fully complete.the project within 90 consecutive calendar days
thereafter. The Contractor further agrees to pay. as liquidated damages, the sum of S 100.00 for each consecu-
tive calendar day thereafter as hereinafter provided in Paragraph 19 of the General Conditions.
The ow:cut crree5 to pay the CONTRACTOR in current funds for the performance of the contract, subject to
additions and deductionscas provided in the General Conditions of the Contract, and to make payments on account
thereof as presided in Paragraph 25, "Payments to Contractor," of the General Conditions.
* $111,981.00
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IN WITNES.S WHEREOF. the parties to these pments have executed this contract in six (6) counterparts, each
of which shall be deemed an ori2inal, in the year and day first above mentioned.
(Seal)
• ATTEST:
City of Fayetteville, Arkansas
Community Development Department
(Ch..-ner)
o„(Seal)
o' .0 A 4‘i
1• )• ‘4,
„
Paul R. Noland
Mayor
(banns( (Title)
McClinton -Anchor Company,
Division of APAC-Arkansas, Inc.
(Contractor?
B,gezig/„Z.."
1'. 0. Box 1367
Fayetrovill P Arkan gas
(Address end Zip Code)
NOTE: Secretary of the Owner should attest. If Contractor is a corporation. Secretary should 3tItSt.
HUD.4233-F
6-2
GP 0 269-390
•••
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That we (1) McClinton -Anchor
of APAC-Arkansas, Inc. a (2)
"Principal" and (3) INSURANCE
of PHILADELPHIA
Company, Division
corporation` hereinafter called
COMPANY OF NORTH AMERICA
State of PENNSYLVANIA
, hereinafter
called the "Surety," are held and firmly bound unto (4) City of Fayetteville, Arkansas
Community Development Department
, hereinafter called "Owner," in the penal sum of
One hundred eleven thousand Nine hundred Eighty-one and no/100
dollars ($ 111,981.00 ) in lawful money of the United
well and truly to be made, we bind ourselves, our
successors, jointly and severally, firmly by these
States, for the payment of which sum
heirs, executors, administrators and
presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into
•
a certain contract with Owner, dated the r2/ day of(741eca-AJ , 19__82
a copy of which is hereto attached and made a part hereof for e construction of:
Street and Drainage Improvements, Plans No. Fy-104
NOW THEREFORE, if the Principal shall well, truly and faithfully perform its
duties, all the undertakings, covenants, terms, conditions, and agreements of said
contract during the original term thereof, and any extensions thereof which may be
granted by the Owner, with or without notice to the Surety, and if he shall satisfy
all claims and demands incurred under such contract, and which it may suffer by reason
of failure to do so, and shall reimburse and repay the Owner all outlay and expense
which the Owner may incur in making good any default, then this obligation shall be
void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates
and agrees that no change, extension of time, alteration or addition to the terms of
the contract or to the work to be performed thereunder or the specifications accom-
panying the same shall in any wise affect its obligation on this bond, and it does
hereby waive notice of any such change, extension of time, alte4tion 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.
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IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one
of which shall be deemed an original, this the/ day of 0
ATTEST:
• <
Yncipal) Secret
.... , ,
(SEAL)
ni.
A -
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t. •
'Witness.
to Principal
. P 0. Box 135.7
Fayetteville, Arkansas 72701
Address
ATTEST:
Wih<7ss as to Spety
1220W. 3rd, Little Rock, Ar
Address
McClinton -Anchor Company,
Division of APAC-Arkansas, Inc.
, 19_82
Principal
P. 0. Ex 132,7
Fayetteville, ArKansa 72701
Address
INSURANCE COMPANY. OF NORTH AMERICA
Surety
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 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.
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PAYMENT BOND
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KNOW ALL MEN BY THESE PRESENTS: That we (1) McClinton -Anchor Company, Division
of APAC-Arkansas, Inc.
"Principal" and (3)
a (2) corporation
- hereinafter called
INSURANCE COMPANY OF NORTH AMERICA
of PHILADELPHIA State of PENNSYLVANIA , hereinafter
called the "Surety," are held and firmly bound unto
Community Development
City of Fayetteville, Arkansas,
Department hereinafter called "Owner," in the penal sum of
One hundred eleven thousand Nine hundred Eighty-one and no/100
dollars
($ 111.981.00 ) in lawful money of the United States, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs, executors, administrators and
successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into
a certain contract with Owner, dated the ogi 64" day of10.982 ,
a copy of which is hereto attached and made a part hereof for the construction f:
Street and Drainage Improvements, Plans No. Py -l04
NOW THEREFORE, if the Principal shall promptly make payment to all persons, firms,
subcontractors and corporations furnishing materials for or performing labor in the
prosecution of the work provided for in such contract, and any authorized extension or
modification thereof, all amounts due for but not limited to, materials, lubricants,
oil, gasoline, coal and coke, repair on machinery, equipment and tools, consumed or used
In connection with the construction of said work, fuel oil, camp equipment, food for
men, feed for animals, premium for bonds and liability and workmen's compensation
insurance, rentals on machinery, equipment and draft animals; also for taxes or pay-
ments due the State of Arkansas or any political subdivisions thereof which shall have
arisen on account of or in connection with the wages earned by workmen covered by the
bond; and for all labor, performed in such work whether by subcontractor or otherwise,
then this obligation shall be void, otherwise to remain in full force and effect.
The Surety agrees the terms of this bond shall cover the payment by the Principal
of not less than the prevailing hourly rate of wages as found by the Arkansas Depart-
ment of Labor or as determined by the court on appeal to all workmen performing work
under the contract.
PROVIDED FURTHER, that the said surety, for value received hereby stipulates and
agrees that no change, extension of time, alteration or addition to the terms of the
contract or to the work to be performed thereunder of the specifications accompanying
the same shall in any wise affect its obligation on this bond, and it does hereby
waive notice of any such change, extension of time, alteration or addition to the
terms of the contract as to the work or to the specifications.
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PROVIDED FURTHER, that no final settlement between the Owner and the Contractor
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
This bond is given in compliance with Act 351, Arkansas Acts of 1953, and Act
209, Arkansas Acts of 1957, the same appearing as Arkansas Statutes (1957) Section
51-635, Cumulative Supplement.
IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts,
of which shall be deemed an original, this the cAl5fr day of
ATTEST:
•
(Principel) Secre
• “,Air.1•1
111
(S411 <
YO
• Witness as o P incipal
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5
• I'. O. Box 13:7
•FayettevIlle, Arkansas 72701
Address
1220 W. Third, Little Rock, Ar
Address
McClinton -Anchor Company,
Division of APAC-Arkansas, Inc.
each one
i982
Principal
Bytaigt1
P 0. Box 1367
FayettewlIe, Arkansas 72101.
Address
INSURANCE COMPANY OF NORTH AMERICA
Surety
diey-in-Fact rk East, Jr.
44/
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1, h.
1220 W. Third, Little Rock, Ar
Address
NOTE: Date of bond must not be prior to date of contract.
(1) Correct name of Contractor.
(2) A Corporation, a Partnership, or an individual, as the case may be
(3) Correct name of Surety.
(4) Correct name of Owner.
(5) If Contractor is Partnership, all partnere should execute bond.
(6) This bond must be filed with the Circuit Court of the County where the,work is
to be performed prior to the start of construction.
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•••••.:
A
SPECIFICATIONS
for
STREET AND DRAINAGE
IMPROVEMENTS
CONTRACT it,,,CLACJNIAtrn.
CITY
Community Development Block Grant Prog ram
City of Fayetteville, Arkansas
al- •
•
DHUD Project No. ST1-91o9
•
Plans No. Fy-104
Dated February 1982
McGoodivin, Williams and Yates, Inc.
Consulting Engineers
Fayetteville,Arkansas
r
314 /
rro
ne."
•
RESOLUTION NO. 2/247 ga-
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A CONTRACT WITH McCLINTON ANCHOR COMPANY
FOR CONSTRUCTION OF IMPROVEMENTS TO 7TH, 9TH, 11TH,
12TH, and 13T11 STREETS UNDER THE CITY'S COMMUNITY
DEVELOPMENT PROGRAM,
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
That the Mayor and City Clerk are hereby authorized and
directed to execute a contract with McClinton Anchor Company
for the construction of improvements to 7th, 9th llth, 12th,
and 13th Streets under the City's community development program.
A copy of the contract authorized for execution hereby is
attached hereto, marked Exhibit "A", and made a part hereof.
PASSED AND APPROVED this b day of
1982.
ATTEST:
I,
S. —.wee& AL.S.4.-
TY CLERK
APPROVED:
MAYOR
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-51=;••••••-
ADDENDUM NO. 1
STREET AND DRAINAGE IMPROVEMENTS
Community Development Block Grant Program
City of Fayetteville, Arkansas r
DHUD Project No. ST -8109
Plans No. Fy-104
Dated February 1982
The plans and specifications are hereby changed or clarified as follows:
Specifications
Page 5-2 - Proposal
Under Item No. 5, the Contractor shall mark through the word "Ton" and add
"C.Y.," meaning cubic yard.
Page 5-4 - Proposal
Delete page 5-4 of the Proposal. Insert the enclosed page 5-4 in that
space. This change provides for payment for drop inlet boxes (Item
No. 22).
Page 17-6 - Detailed Specifications
Add the following sentence under Paragraph I, "Coated Corrugated
Galvanized Metal Pipe Culvert": "All metal pipe used on this project
shall be 16 gauge."
Page 17-24 - Detailed Specifications
Under Item 11, "Reinforced Class A Concrete," the last sentence of this
paragraph shall be changed to read as follows: "This item is specifically
for headwalls and aprons on pipe culverts, and as directed by the
Engineer."
Page 17-25 - Detailed Specifications
Delete page 17-25 and insert the enclosed page 17-25. This change
provides for the payment of Item No. 22, drop inlet boxes, including
grate, complete in place.
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Plans
Sheet 3 - 9th Street Plan
Twelve (12) linear feet of 18 inch RCP shall be deleted. Insert 12 linear
feet of 15 inch storm sewer.
March 26, 1982
McGoodwin, Williams and Yates, Inc.
Consulting Engineers
909 Rolling Hills Drive
Fayetteville, Arkansas 72701
(501)443-3404
•••••
Item Estimated•Total
Description and Unit or Lump Sum Price Bid
No. Quantity Amount
20. 93 Linear Feet, 6" Vitrified Clay Pipe Sewer,
depth as shown on the plans, including bedding
gravel, complete in place
1
dollars( )L.F. $
21. 1 Each, Manholes 0-6' (including 6' stub -out)
in depth, complete in place
dollars( )Each $
22. 3 Each, Drop Inlet Boxes, including grate,
complete in place
dollars( )Each $
TOTAL, Items 1 through 22
(Amounts are to be shown in both words and figures. In case of discrepancy, the
amount shown in words will govern.)
The above unit prices shall include all labor, materials, bailing, shoring, removal,
overhead, profit, insurance, etc., to cover the finished work of the several kinds
called for.
Bidder understands that the Owner reserves the right to reject any or all bids and to
waive any informalities in the bidding.
The bidder agrees that this bid shall be good and may not be withdrawn for a period
of 60 calendar days after the scheduled closing time for receiving bids.
Upon receipt of written notice of the acceptance of this bid, bidder will execute the
formal contract attached within 10 days and deliver a Surety Bond or Bonds as
required by Paragraph 29 of the General Conditions. The bid security attached in
the sum of dollars ($
is to become the property of the Owner in the event the contract and bonds are not
executed within the time above set forth, as liquidated damages for the delay and
additional expense to the Owner caused thereby.
(Seal - if bid is by corporation.)
(Business Address and Zip Code)
Arkansas License No.
5-4
Respectfully submitted,
By
(Signature)
(Title
the linear feet of pipe installed as shown on the plans. The price bid shall
include every item of work necessary to install the pipe, including rock
excavation, if any; common excavation; bedding of the pipe; and backfilling
the entire excavated area. Payment for SB -2 trench backfill will be made
under Proposal Item No. 6.
Items 18 and 19 - 24 Inch and 18 Inch Slotted Storm Sewer Pipe. Payment
for slotted storm sewer pipe shall be made for the linear feet of pipe
installed as shown on the plans. The price bid shall include every item of
work necessary to install the pipe, including rock excavation, if any; common
excavation; bedding of the pipe; and backfilling the entire excavated area
with grout. Payment shall include the furnishing and placement of coarse
grout as required.
Item 20 - 6 Inch Vitrified Clay Pipe Sewer. Payment for 6 inch sewer pipe
shall be made for •the linear feet of pipe installed, complete in place The
unit price bid shall include furnishing the pipe, crushed stone bedding
gravel for pipe as specified, and every other item of work required to
install the pipe in a trench. Additional compensation will only be made for
those items of work specifically set out in the Proposal. Measurement will
be in accordance with final lengths of pipe installed without deduction for
manholes, as determined from survey notes made by the Engineer in the course
of setting construction survey stakes.
Item 21 - Manholes. Payment for manholes 0 to 8 feet in depth shall be
made at the unit price bid and shall include every item of work necessary for
a complete installation. No additional payment will be made for rock
excavation in excess of the standard ditch width for the size of pipe being
constructed.
Item 22 - Drop Inlet Boxes. Payment for drop inlet boxes shall be made at
the unit price bid and shall include concrete, steel, grate, and every item of
work necessary for a complete installation.
17-25
SPECIFICATIONS
for
STREET AND DRAINAGE IMPROVEMENTS
Community Development Block Grant Program
City of Fayetteville, Arkansas
DHUD Project No. ST -8109
Plans No. Fy-104
Dated February 1982
NIcGoodwin, Williams and Yates, Inc.
Consulting Engineers
Fayetteville, Arkansas
TABLE OF CONTENTS
Page No.
Advertisement for Bids 1-1
Information for Bidders
Supplement to Information for Bidders
2-1
2-5
U. S. Department of Housing and Urban Development Forms
*Certification of Bidder Regarding Equal
Employment Opportunity 3-1
Certification by Proposed Subcontractor Regarding
Equal Employment Opportunity 3-2
*Contractor's Certification Concerning Labor Standards
and Prevailing Wage Requirements 3-3
Subcontractor's Certification Concerning Labor Standards
and Prevailing Wage Requirements 3-5
Certificate of Owner's Attorney 3-7
**Bid Bond 3-8
Minimum Wage Rates, Federal and State 4-1
Bid for Unit Price Contracts 5-1
Contract 6-1
Performance Bond 7-1
Payment Bond 7-3
General Conditions 8-1
Index to General Conditions 8-27
Supplemental General Conditions 8-28
Special Conditions 8-35
General Specifications
Street and Drainage Improvements 16-1
Detailed Specifications
1. Scope of the Work 17-1
2. General Specifications 17-1
Pages 3-1, 3-3 and 3-4 are to be filled in and submitted with bid.
** Bid bond to be used if bond is submitted as bid security rather than
cash or certified check. Extra copy provided.
Page No.
3. Completion Time and Liquidated Damages 17-1
4. Safety and Health Regulations and Contract Requirements 17-2
5. Quality of the Plans 17-2
6. Elevation Data 17-3
7. Lands and Rights of Way 17-3
8. Continuing Responsibility of Contractor 17-3
9. Payment 17-3
10. Payment for Extra Work 17-3
11. Notice to Proceed 17-3
12. Provisions for Competitive Bidding 17-3
13. Utility Services 17-3
14. Source of Supply 17-4
15. Samples and Tests 17-4
16. Sequence of the Work 17-4
17. Materials of Construction - Street and Drainage Construction - 17-6
18. Street and Drainage Construction 17-8
A. General 17-8
B . Sequence of the Work 17-8
C. Site Preparation 17-8
D . Clearing and Grubbing 17-9
E . Stripping 17-9
F. Excavation and Embankment 17-10
G . Compaction of Subgrade Under Sidewalks 17-10
H . Soil Testing 17-10
I. Removal and Disposal of Structures 17-11
J . Removing Old Culverts 17-11
K . Fence Removed and Reconstructed 17-11
L . Shaping and Widening Roadway Section 17-11
M. Removal and Replacement of Signs, Mailboxes, Etc. 17-11
N . Undercuts 17-11
O . Crushed Stone Base Material 17-12
P . Prime and Tack Coats 17-12
Q. Asphaltic Concrete Hot -Mix Surface Course 17-12
R. Portland Cement Concrete Pavement 17-12
S. Concrete Testing 17-13
T. Concrete Drive Repair 17-13
U . Concrete Curb and Gutter 17-14
✓ . Drainage Structures and Ditches 17-14
W. Topsoiling, Seeding and Straw Mulching 17-14
X. Storm Sewer Drains 17-15
Y. Manholes, Valve Boxes Adjusted to Grade 17-15
Z. Cleanup 17-15
AA. Watering 17-15
BB. Miscellaneous Items 17-16
19. Materials of Construction - Sanitary Sewers 17-17
20. Sanitary Sewer Line Construction 17-18
A. General 17-18
B . Materials 17-18
C. Grade Control 17-18
D . Sewer Excavation and Pipe Laying 17-18
ji
Page No.
E . Pipe Bedding 17-18
F. Manholes 17-18
G . Cast -in -Place Manholes 17-19
H . Testing 17-20
I. Protecting and Replacing Utility Services 17-21
21. Final Inspection and Establishment of Warranty Period 17-22
22. Methods of Measurement and Payment 17-23
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•1•11.
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
ADVERTISEMENT FOR BIDS
Project No. ST -8109
City of Fayetteville, Arkansas
(Owner)
Separate sealed bids for
Street and Drainage Improvements
HUD -4238-A
(5-66)
7th, 9th, 11th, 12th and 13th Streets
for
will be received by
Community Development Department
at the office of Director, Community Development,530 B North College.Fayetteyjlle. Arlc 72701
until 10:00o'clock A M CentralS.T. April 1 , 19 82 , and then at said
office publicly opened and read aloud.
The Information for Bidders, Form of Bid, Form of Contract, Plans, Specifications, and Forms of Bid Bond,
Performance and Payment Bond, and other contract documents may be examined at the following:
the above address, and at McGoodwin, Williams and Yates, Inc., Consulting
Engineers, 909 Rolling Hills Drive, Fayetteville, Arkansas 72701
i
engineers Copies may be obtained at the office of saidlocated at
above address
such payment not refundable.
upon payment of $ 30.00
The owner reserves the right to waive any informalities or to reject any or all bids.
for each set,
Each bidder must deposit with his bid, security in the amount, form and subject to the conditions provided in
the Information for Bidders.
Attention of bidders is particularly called to the requirements as to conditions of employment to be observed
and minimum wage rates to be paid under the contract.
No bidder may withdraw his bid within 30 days after the actual date of the opening thereof.
March 16, 1982
(Date)
1-1
Richard E. Mason, Director
Community Development Department
GPO 869-156
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U.S. DEPARTPAL NT OF HOUSING AND URBAN DEVELOPMENT
INFORMATION FOR BIDDERS
HUD 4238-B(R)
1. Receipt and Opening of Rids -
The Fayetteville Community Development Department (herein called
the "Owner"), invites bids on the form attached hereto, all blanks of whtchi
must be appropriately filled in. Bids will be received by the Owner at the
office of the Director until 10:00
o'clock A.M.-Central S. T. April 1 19 82 , and then at
said office publicly opened and read aloud. The envelopes containing the bids
must be sealed, addressed to Director,. Commt unity Development Departmen
at 530 B -North College, Fayetteville, AR 72701 and designated as Bid for
Street -and Drainage Improvements - --= -"' - '==
The Owner may consider informal any bid not prepared and submitted in accord-
ance with the provisions hereof and may waive any informalities or reject any
and all bids. Any bid may be withdrawn prior to the above scheduled time for
the opening of bids or authorized postponement thereof. Any bid received after
the time and date specified shall not be considered. No bidder may withdraw a
bid within 60 days after the actual date of the opening thereof.
2. Preparation of Bid
Each bid must be submitted on the prescribed form and accompanied by
Certification by Bidder Regarding Equal Employment Opportunity, Form
HUD -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, end 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 currant eligibility status, and,
b Must submit Form HUD -4238 -CD -2, Certification by Proposed Subcontractor
Regarding Equal Employment Opportunity and Certification by Proposed Sub -
Contractor Concerning Labor Standards and Prevailing Wage Requirements,
Form HUD -1422. Approval of the proposed subcontract award cannot be given
by 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.
Previous Editions Obsolete
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Although the bidder Unot required to attach such Certifications by proposed '
subcontractors to his bid, the bidder is here advised of this requirement so that
appropriate action can "be taken to prevent subsequent delay in subcontract awards.
4. Telegraphic Modification
Any bidder may modify his bid by telegraphic communication, at any time prior to
the scheduled closing time for receipt of bids. provided such telegraphic commu-
nication is received by the Owner prior to the closing time, and, provided
further, the Owner is satisfied that a written confirmation of the telegraphic
modification over the signature of the bidder was mailed prior to the closing
time. -The telegraphic communication should not reveal the bid ➢Lice but should
provide the addition or subtraction or other modification so that the final
prices or terms will not be known by the Owner until the sealed bid is opened.
If written confirmation is not received within two days from the closing time,
no consideration will be given to the telegraphic modification,
5. Method of Bidding '
The Owner invites the following bid(s):
STREET AND DRAINAGE IMPROVEMENTS
TI
6. Qualifications of Bidder
The Owner may make such investigations as he deems necessary to determine the ability
of the bidder to perform the work, and the bidder shall furnish to the Owner all such
information and data for this purpose as the Owner may request. The Owner reserves
the right to reject any bid if the evidence submitted by, or investigation of, such
bidder fails to satisfy the Owner that such bidder is properly qualified to carry out
the obligations of the contract and to complete the work contemplated therein. Con-
ditional bids will not be accepted.
7. Bid Security '
Each bid must be accompanied by cash, certified check of the bidder, or a bid bond
prepared on the form of bid bond attached hereto, duly executed by the bidder as
principal and having as surety thereon a surety company approved by the Owner, in the
amount of 5% of the bid. Such cash, checks or bid bonds will be returned to all ex-
cept the three lowest bidders within three days after the opening of bids, and the
remaining cash, checks, or bid bonds will be returned -promptly after the Owner and
the accepted bidder have executed the contract, or, if no award has been made within
60 days after the date of the opening of bids, upon demand of the bidder at any time
thereafter, so long as he has not been notified of the acceptance of his bid.
8. Liquidated Damages for failure to Enter into Contract
The successful bidder, upon his failure or refusal to execute and deliver the con- '
tract and bonds required within 10 days after he -has received notice of the accept-
ance of his bid, shall forfeit to the Owner, as linuidated damages for such failure
or refusal, the security deposited with his bid.
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9. Time of Completion and Liquidated Da:ages
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 90 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.
I
10. Conditions of Work
Each bidder must inform himself fully of the conditions relating to the con-
t 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 eeploy such methods or
means as will not cause any interruption of or interference with the wort of
any other contractor.
11. Addenda and Interpretations
No interpretation of the meaning of the plans, specifications or other pre -bid
documents will be made to any bidder orally. -
' Every request for such interpretation should be in writing addressed to
909 Rolling Hills Drive -
McGoodwin, Williams and Yates, Inc. at Fayetteville, Ark. 72701
and to be given consideration must be received at least five days prior to the
date fixed for the opening of bids. Any and all such interpretations and any
supplemental instructions will be in the form of written addenda to the ' speci-
fications which, if issued, will be mailed by certified mail with return re-
ceipt requested to all prospective bidders (at the respective addresses fur-
nished for such purposes), not later than three days prior to the date fixed
for the opening of bids. Failure of any bidder to receive any such addendum or
interpretation shall not relieve such bidder from any obligation under his bid
as submitted. All addenda so issued shall become part of the contract documents.
12. Security for Faithful Performance -
_ — Simultaneously with his delivery of -the executed contract, the Contractor shall
' furnish a surety bond or bonds as security for faithful performance of this
contract and for the payment of all persons performing labor on the project
under this contract and furnishing materials in connection with this contract,
U. 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 dateci copy of their power of attorney.
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14. Notice of Special Conditions '
Attention is particularly called to those parts of the contract documents and
specifications which deal with the following:
(a) Inspection and testing of materials.
(b) Insurance requirements.
(c) Wgge rates.
(d) Stated allowances,
15. Laws and Regulations
The bidder's attention is directed to the fact that all applicable State laws,
municipal ordinances, and the rules an regulations of all authorities having
jurisdiction over construction of the project shall apply to the contract
throughout, and they will be deemed to be included in the contract the same as
though herein written out in full.
16. Method of Award - Lowest Qualified Bidder
If at the time this contract is to be awarded, the lowest base bid submitted
by a responsible bidder does not exceed the amount of funds then estimated by
the Owner as available to finance the contract, the contract will be awarded
on the base bid only. If such bid exceeds such amount, the Owner may reject
all bids or may award the contract on the base bid combined with such deducti-
ble alternates applied in numerical order in which they are listed in the 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.
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Supplement tc Porn ?-IUD-L238-B( )
IIi:VRMA Did R BIDDERS
18. .SAFES- SirJI. ARiS AND DELiT % r.
' ACJLJ C:j P"I-t'Jilu
p= f e • t contract,
Wit:. re spec,, to all work _r_o.., d "-do t'- his the contractor
shall:
1. Comply with the safety standards provisions of applicable laws,
building and constriction codes and the "Manual of Accident Prevention in
Construction" published by the Associated General Contractors of America,
the requirements of the Occupational Safety and Health Act of 1970 (Public
Law 91-596), and the requirements of Title 29 of the Code of Federal
Regulations, Section 1518 as published in the "Federal Register", Volume
36, No. 75, Saturday, April 17, 1971.
2. Exercise every precaution at all times for the prevention of accidents
and the protection of persons (including employees) and property.
3. Maintain at his' office or other well known place at the job site, all
articles necessa ry for giving first aid to the injured, and shall make
standing arrangements for the immediate removal to a hospital or a doctor's
care of persons (including employees), who nay be injured on the job site.
In no case shall employees be permitted to work at a job site before the
empio n r has made a standing arrangement for removal of injured persons to
a hospital or a doctor's care.
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HUD -u238 -CD -1'
(6-55i
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
CERTIFICATION OF BIDDER REGARDING
EQUAL EMPLOYMENT OPPORTUNITY
INSTRUCTIONS
This certification is required pursuant to Executive Order 11246 (30 F. R. 12319-25). Thd implementing
rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcon-
tractors, shall state as an initial part of the bid or negotiations of the contract whether it has partici-
pated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether
it has filed all compliance reports due under applicable instructions.
Where the certification indicates that the bidder has not filed a compliance report due under applicable
instructions, such bidder shall be required to submit a compliance report within seven calendar days
after bid opening. No contract shall be awarded unless such report is submitted.
CERTIFICATION BY BIDDER
Bidder's Name: Bt&/X'70.1/- RNCHbl2 C. Die' OF APJ96wMf(A 1jWZ C
Address: Po, SUS /fl}
AAYLW ✓hLLE, A2KAN/R.f 7Z7°/
1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity
Clause. Yes J No
2. Compliance reports were required to be filed in connection with such contract or subcontract.
Yes W No
3. Bidder has filed all compliance reports due under applicable instructions, including SF -100.
Yes .l' No C None Required C
4. If answer to item 3 is " No," please explcin in detoil on reverse side of this certification.
• Certification — The information above is true and complete to the best of my knowledge and belief.
Vac— ?aFSIoi NT HARULnn W MEDCx3LF
NAME AND TITLE OF SIGNER (PLEASE TYPE)
1 AP/UL 11/9 tZ
SIGNATURE, DATE
3-1
• Precious Edit ions O'bsol etc
FORM APPROVED
BUDGET BUREAU NO. 63.R1138 HUD•4238•CD•2
(2.67)
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING
EQUAL EMPLOYMENT OPPORTUNITY
McClinton -Anchor Company,
Division of APAC-Arkansas, Inc. ST -8109
NAME OF PRIME CONTRACTOR PROJECT NO.
INSTRUCTIONS
This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25). The implementing rules and
regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as
an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or sub-
contract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under
applicable instructions.
Where the certification indicates that the subcontractor has not filed a compliance report due under applicable in-
structions, such subcontractor shall be required to submit a compliance report before the owner approves the sub-
contract or permits work to begin under the subcontract.
SUBCONTRACTOR'S CERTIFICATION
Subcontractor's Name:
Jerry D. Sweetser, Inc.
Address: P. O. Box 579
Fayetteville Arkansas 72702
1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause.
Yes xi No II
2. Compliance reports were required to be filed in connection with such contract or subcontract.
Yes EN No
3. Bidder has filed all compliance reports due under applicable instructions, including SF -100.
Yes ® No 0 None Required I
4. If answer to item 3 is "No," please explain in detail on reverse side of this certification.
Certification — The information above is true and complete to the best of my knowledge and belief.
Paul E. Tunstill, Vice President
NAME AND TITLE OF SIGNER (Please Type)
z'-,
A -
TARE
215799-P
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Previous Editions Obsolete
HUD.'+:=sh,. D. C.
April 12, 1982
DATE
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U.S. ) iPAMIMEN1 OF M4US:NIi AMU URBAN UE cLUFNEI,r
COMMUNITY DEVELOPMENT BLCCK GRANT PROGRAM
CONTRACTOR'S CERTIFICATION
CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS
(dpprnpnam deetp,rn N:
OAT
-I-
do T la6gfjAM sr- - -
PROJECT NAME
Cars- of 14VE77t_[iitcef A2~xNl4C STcraE>d ARA/Ny1FZ 2o✓1N6vtr
1. The undersigned, having executed a contract with
for the construction of the above -identified project, acknowledges that:
(a) The Labor Standards provisions are included in the aforesaid contract;
(b) Correction of any infractions of the aforesaid conditions, including infractions by any of his subcontractors and
any lower tier subcontractors, is his responsibility;
2. He cetffies that:
(a) Neither he nor any firm, partnership or association in which he has substantial interest is designated as an
• ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6(b) of t.`.e Regulations
of the Secretary of Labor, Part 5 (19 CPA. Part S)or pursuant to Section 3(a) of the Davis -Bacon Act, as
amended (:0 C.S.C. 276a -2(a)).
(b) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such sob-
' contractor or any firm, corporation, partnership or association in which such subcontractor has a subslan:ial
Interest is designated as an ineligible contractor pursuant to any of the aforementioned regulatory or statutory
provisions.
3. He agrees to obtain and forward to the aforementioned recipient within ten days after the execution of anysubcentract.
including those executed by his subcontractors and any lower tier subcoataetors, a Subcontractor's Certification
Concerning Labor Standards and Prevailing Wage Requirements executed by the subcontractors.
• <. He certifies t,et:
(a) The le of name and the 6vsmess address of the undcrsrgned are: • CLinroN-ANGHo2 Co,D,v ofi AF.4C Akllo-vsrr svc.
Re. vx /fl'. to I/fii>>;)l/LLc' /) D 2 rldi
CI) A SINGLE PROPRIETORSHIP 1(133)• CORPORATION ORGANIZED IN THE STATE OF
A PARTMERSNIP 1441 OIM(M ORGANiZATIOM
(c) The name, title and address of the owner. ootlners or olli cc; s of the under on ed are: -
NAME
TITLE
ADDRESS
U C N>0A(
S 76M
, pay /7C7
Pe7%e'f//ILA A/t 723e
(AJ, L /AM CAL.
1/CE -Pas / tNP
v.B
UcF.-1� 's�aS.vr
___
4M
C'DELC
Vic,; - YrS/OSNr
SAM e -
NUU—toll Ia-J51
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(l 1.. nines cna Saar erne• al ell nu er Lersans, LaiS cotu•al and ce;oraft. he ring a :uasl ai•,ul flu CPI al m li.e Underr,g.red,
and Inc nature A 1be i nrrrcfl We :fr a...:. .. ......:
MANE
•OCRCSS
MATURE OR In1LRL1T
ASHL4Q.yo UAt Tkic
�tyl/_AN lip"
7 -CoM AN
- -------• ----• •-- --- • ..-• w.ullii, wuouna man owner Culamg canstruck On contractors Ihrth the underr l geed has
a oubitantial iflier.,, are 'Sr.••v In flair),
MAMC •DURCSS TRADE CLASSIFICATION
♦1 `
_ I 7k=1CCU,NlTi0N'ANCsHOTT,r�IatR CO.
CO.
Dale '/-/-It
Plyision O.1 ArAC-Ar aria Tnza
(Ce,/r3 blot!
Br
WARNING
O.S. Cii, enal Code, Semen 1010. Till. IS, V.S.C., prowl del ,n part: "alreever..... makes. paves, utter. or publish.. any
atatem.nt. SnOwunf the time to be (alSe .....shell he hued net more then SS.000 or tmpnsened not mew. Oran l.. fun• or bah."
3-4
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
SUBCONTRACTOR'S CERTIFICATION
' _ t CONCERNING LABOR STANdARDS AND PREVAILING WAGE REQUIREMENTS .
T0(Apprapeiam Recipient): fnHUnl y ve opfnen GATE
Dept., City of Fayetteville, Arkansas April 12, 1982
PROJECT NUMBER (f(aay)
do
' PROJECT NAME
Street and Drainage Improvement
1. The undersigned, having executed a contract with. Mc(7 i ntnn-1i1'1 hor ColTroany Division of
onbuctor or ]ubrontmuop
' APAC-Arkansas, Inc. Gr street and drainage improvernents,
I Mule of ¢e,A
concrete work in the amount of $
in the construction of the above -identified project, certifies that:
(a) The Labor Standards Provisions of The Contract For Construction are included in the aforesaid contract.
(b) Neither he nor any firm, corporation, partnership or association in which he has a substantial interest is
designated as an ineligible contractor by the Comptroller General of the United States pursuant toSection5.6(b)
of the Regulations of the Secretary of Labor, Part 5 (29 CFR, Part 5), or pursuant to Section 3(a) of the Davis-
' Bacon Act, as amended (10 U.S.C. 2766-2(a)J,
I.
(c) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if suEh
subcontractor or any firm, corporation, partnership or association in which such subcontractor has a
substantial interest is designated as an ineligible contractor pursuant to the aforesaid regulatory or
statutory provisions.
2. He agrees to obtain and forward to the contractor, for transmittal to the recipient, within ten days after the execution
of any lower subcontract, a 5ubcontraetor's Certification Concerning Labor Standards and Prevailing Wage Require-
. ments, executed by the lower tier subcontractor, in duplicate.
' (a) The workmen will report for duty on or about
watt)
3. He certifies that:
' (a) The legal name and the business address of Ike undersigned are:
Jerry D, Sweetser, Inc..
P. O. Box 759
I. Fayetteville Arkansas 72702
(b) The undersigned Is:
III ASINGLE PROPRI ETORSHIP: 131 A CORPORATION ORCANIZEO IN THE STATE OF:
Arknns
Ill A PARTNERSHIP: (41 OTHER ORGANIZATION (fleseribe)
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(c) The name, title end address of the owner, partners or officers of the undersigned are:
NAME -
TITLE
ADDRESS
Jerry D. Sweetser
President
P. O. Box 759
a etteville Ark. 727O
Paul mnstill
Vice President
Sharon Sweetser
Secretary and
Treasurer
NUO_u)j 16-75)
El
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(d) The names and addre oses of all other person., 6orh neural and corporate, having a su6stantial interest in Or anden ined,
(e) the nomes, addresses and trade do, ii of all other bull ii ton siruction contractors in which the enders fined has
Jerry D. Sweetser, Inc.
(Submnpocsos)
i
siflt C Paul E. Th sti 11 Vice President
(Sip
dt e/ (Typed.Vame and True)
ARMING
(3.5. Criminal Code. Secti an 1010. Title 16, V.S.C.. provides in part: "WTenvr..... makes, posses, utters, or publishes any
etetemem. knowing the same to be false..... shall be fined not more than $5,000 or Impniored not more than Iwo yeah, or both?'
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a.a I11.414
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U.S. Department of Housing and Urban Development
CERTIFICATE OF OWNER'S ATTORNEY
I, the undersigned, James N. McCord
MUD•423a.J
(2-66(
, the
duly authorized and acting legal representative of the City of
Fayetteville, Arkansas do hereby certify as
follows:
• I have examined the attached contract(s) and surety bonds and the manner
of execution thereof, and I am of the opinion that each of the aforesaid
agreements has been duly executed by the proper parties thereto acting
through their duly authorized representatives; that said representatives
have full power and authority to execute said agreements on behalf of the
respective parties named thereon; and that the foregoing agreements consti-
tute valid and legally binding obligations upon the parties executing the
same in accordance with terms, conditions and Drovisions thereof.
Date: 4 -an -8/
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HUD -Wash. , D. C.
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k kttII4itLiNtIii)3I
t 1 I NORTH
I
PHILADELPHIA PENNSYLVANIA
Proposal or Bid Bond
' KNOW ALL MEN BY THESE PRESENTS, THAT WE MCCLINTON-ANCHOR WMPANY, DIVISION OF
APAC,ARKANSAS, 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
' Conmunity Development Block Grant Program
City of Fayetteville, Arkansas
' as obligee, in the penal sum of Five Percent (5%) 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 1st day of April A. D. 19 82
WHEREAS, the said principal is herewith submitting proposal for
' Street and Drainage Improvements for 7th, 9th, 11th, 12th
and 13th Streets - DHUD Project No. ST -8109
' THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the aforesaid principal shall be awarded the
contract, the said principal will within the period specified therefor, or, if no period be specified, within ten (10) days
after the notice of such award enter into a contract and give bond for the faithful performance of the contract, then this
' obligation shall be null and void, otherwise the principal and the surety will pay unto the obligee the difference in money
between the amount of the bid of the said principal and the amount for which the obligee may legally contract with
another party to perform the work if the latter amount be in excess of the former; in no event shall the liability hereunder
exceed the penal sum hereof.
' PROVIDED AND SUBJECT TO THE CONDITION PRECEDENT, that any suits at law or proceedings in equity
brought or to be brought against the Surety to recover any claim hereunder must be instituted and service had upon the
Surety within ninety (90) days after the acceptance of said bid of the Principal by the Obligee. : '" �,�'i
MCCLINTON-ANCHOR COMPANY, DIVISION OF:,
APA ARKANSAS IN r; . .
BY.
INSURAN E COMPANY OF NORTH AM RICA
' $ ....../4......A.#.
. .............. .......GC.f ......... ... ... .........
BS -1946 PRINTED IN U.S.A. �
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It, t'"3}?tilE"J INSURANCE COMPANY OF NORTH AMERICA PHILADELPHIA, PA. 1 : of tJl;fii'33}i;'•f( £1s tbl:
rr' r,_ .Aw ♦• ..l ✓-_ ♦— ♦•♦ i , n / i ) Yf_[• •'•✓ rirN11~1 ri?"n11'-
1 .1 i>••il• ,=f: it tt 41 l nl }, iJ1[Iff rt," {I r x ell r' ,'"Y, �'. a 1' _>1 'Vt«t .-`}iV !is •Civ.r.t irf?Y. �t-'.t
3..tt...:�o,.;S?�rtl:uti:..c 1.;..,'-1 iii?S..'f.;;'tS :.r„s`i ":�'3t POWER OF ATTORNEY-t;.�Y.:;Jt`••4r.f,Y�.�e1„yti:�=`S}.{.i7;.E.l .]a Si•.SI F._Ai.+'-E•1(1 li+0
•I •. -�" -Know all •• -•
• -men by these p esents: , That INSURANCE COMPANY OF NORTH AMERICA, a corporation of theCommonwealthof.
i S �1 + of Direcl torsaof the said Company ) onfice in May 28,1975. to
of Philadelphia, Pennsylvania, pursuant to the following Resolution rn adopted by the Board
• i ¢i
W ,.•,an • .• ♦ •-• F-'._ • •—\• is.Lf,Ift"E ) •4woAS�f!=�I. _..
-!' —.'...1 -"RESOLVED, pursuant to Articles 3.6 and 5.1 of the By -Laws, the following Rules shall govern the execution for the Company of _ 1
y siAbonds, undertakings, recognizances, contracts and other writings in the nature thereof: _ <:3:aa s2.' �ti i tla:,<13 r:ft`ti itil'cf i I. t_1}r la
1; (1) That the President, or any Vice -President, Assistant Vice•President, Resident Vice -President or Attorney -in -Fact, may execute for and in 'y I.
behalf of the Company any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof, the same to beat- If 1—•=•
. 1.! I tested when necessary by the Secretary, an Assistant Secretary or a Resident Assistant Secretary and the seal of the Company affixed thereto; S'.}f,:
F s; ti and that the President or any Vice -President may appoint and authorize Resident Vice -Presidents, Resident Assistant Secretaries and Attorneys- i Ji!`I
•
' in -Fact to so execute or attest to the execution of all such writings on behalf of the Company and to affix the seal of the Company thereto.''2) Any such
��� �� Pres dent and attested by the Secrete,`y`orda =e•-i Stmt here shallRules^•banes binding upon ,t �e Compan Nil `a`y case ,houg}Nit dl (yt; t- i[
', jlum(3) The signature ofthe President or a Vice -President and the seat of -the Company may Abe •affixed by facsimile v on any' power' of ....ij_`
-' S :•-}-i attorney granted pursuant to this Resolution, and the signature of a certifying officer and the seal of the Company may be affixed by facsimile i ! 1'•
.., L. 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
S I'o• the Company. 'fir; }F.. }:i liif'S G�3i 9i.IF,{;..,•w. +t 1'.'•.i'iPi�'-.: �•(/i-,i,k 1, it',/•i,l JJ�Y — t'I.(r l l _'Y.��(t���+5J`-4✓`�C •I;
f...,,. I- + ,.i '•:1111. I. of i at„ l.M •kl y"•a•. `yW R�r,ti�ii,• -'f ,•r",1 w—•1_rG Y+'t i.r+2 f•,.G tr+l uP , t�'.f.4
{ 3'`i L(4) Such Resident Officers and Attorneys -in -Fact shall have authority to certify or verity copies of this Resolufion� the By -Laws of the Com-";{ i 'alt
.\ t ,\V-i._I ... a Y.,•11 •.. ..M1
•��f iii .any, and any affidavit or record of the Company necessary to the discharge of their duties, t. --ii a. L.i t, 1�;i'f 17i .n, Gri '•S -.I htf l�l4'
•1 !,-, ;(5) The passage of this Resolution does not revoke any earlier authority granted by Resolution of the Board of Directors on' June 9, 1953. M .n
,. •. ., ..-:• 11 }, lir r 1 ra }=t ♦)1111 , u r-e,,r•.,i3.nf.!•-'•'irli!=•It•w.>IS°nl.i=,=I.t'tIt}ri:t
r_3�1J_S. •vaSIII!S.r!s.ul=.'n.!! ..•...}.1,,.=+ •}a..fl_,,:_-3t u,.4s•♦.IY.Ytt r .Y.
it t� (4 (-4r;
hereby nominate, constitute and appoint )JACK -EAST,' JACKEAST JR. jrJAMES �E CDANIEL ,DONALD R.' }f ilyl !
, t ,i• •,Yi. , •i _I 'r-. .r 7iI-i 1•.•{t.Iril1':.1l.`.111.1[
; Mt!^=,fHENDERSON and JUDY FRANKS, all of the City of Little Rock,�State of -Arkansas ,: 1-fr 1„111
I? 1i• �d;':. EA:-df ', 'a'k )'�;;. i.F rt' ' ^; +2i ♦ '1 ^2 f: ai -i= se cIr•f ti }F }+
ii rftsiy.rtri,t,.ii�l7..rj3..ktn.Y I i.r.fir.p.r.;#a1 1,;...if1,_.:/IEz.r,2t_.it;
t.tIlt itstr•n..ndla fl. agent
attorney-in-fact,
itorr1 ri41 M..,�.ii W/1\W t..S r.= ii•I./{ n.,s,-V'S,_4 n11n\i.-It t"4J }.Y1i •:YI'^l1;-] i trf"•
1;-. rts true and lawful agent and attorney _in -fact, to make, execute, sealiand deliver for and on its. behalf; and as its act -and deed;'''."
.;Uli.any and all Bonds &"Undertakings, UNLIMITED in amounts,'on behalf of`APAC-Arkansas, Inc•_
axe -'-' ,.r •l'd . ,1 Flr'!, J !i r= si tS--J{ ti�1f'i} ai"
«I{r +andAPAC-Texas;Inc .. 1t .•a.it..,::•.Ilt.3i-.i.-_t's..J._;L.;kye'?fi.--lrtcsi�
._rl t'r }'T... -..r ,•n.. ..a 1111. 111 I•—'.-'--ir.. 111+•1.- •«., H... n:{., �,•a.. ,.r..-... s.1.r „•J• ..'ili i•e.l4•r.l9n-t tN= •«{tlnj?Jlr•}..•> .Y'—.tt•�Said Bonds & Undertakings 'to be signed for -the ' Company and the Seal : of _the_ Company •
L'?l;2icattached thereto by any one of the Said Jack .East, Jack East Jr, 4; 1James, E� `Daniel_; ?#YYfi I'
_•i 1"'?• _ ... • -; . _. y .�.. 1_111•!--
:iti.{ritp t1f.k?If . „.Donald R. Henderson and Judy Franks individual ;.._.I { • +
:..s ,_ 11_._11,,_,•--,._.•.- I r,,__..%5t.LIw-.Miia
:rl,•,And the execution of such writings in pursuance of these presents shall be as binding upon said Company, as fully and .,,•..I
•i i I: r amply as if they had been duly executed and acknowledged by the regularly elected officersof the Company at its principal 4:111
,Yn♦ a1a 45 •,4.,Y u._ i /, .w ..r. ;•,• •, o4 /., F.' Y- - ..if -t • N•t a ]w.. •,•• •(+ • w
•ify'=office. -l.i .lE..,.z.4 .1 \.al• J.i :.3 L •'., it f. , is :_..../_,. 9i,_.Y 3, <1' It L Itlf La. I!•,
.r. ^•,.n?,rr/r.r.,. \i_i=.-{•1111{� t=, -,•T• t '.. •rt,,...Y . ..tirt'1,—{(.T,, fit_llf ..3=.v.tl l••t in.trir.•i.r•f.--
,_'"95 t]«7-.
I• --{'♦r, {n.: -i .-- Ir wo ow _c . a. ••.'ti, .. J jr_. !f `- --} a"a Y.•� N •w .•. .••, MlI » r
':!}r. i{i 1J.Z=.. i;.(/ 1 t S: f lif I?zl t; _s •:l: 1a,. t3.,f i';;....1 rf1r-i! r1=Yr41: tS 3t i'i.. tI l{
.. 1, .-:a •.. 1111 Y.•11 111. =nn. M + s.Yi� �' .+•t•r •Ie _• \•_ .'••'w. Ir
yt._=^,,.7 J_f r,i:.MICHAEL B.'FODOR '1111.—„ 1ic...1�..,•i:—al^:'r.Vice-President s-Ii"7
..owe III., .IN WITNESS WHEREOF, the said .'J.. . ..-..;' .'.. ...•... ... ..111 . S•
a - has hereunto subscri his name and affixed the corporate seal of the said INSURANCE COMPANY OF NORTI.H .t'�i
..
..r t ..:i t.`"' .1111 . YE
3• AMERICA this. _ ,. 1 ..: .. ::,.: .. •
.. .day of.717t . fi:19 i•. tf'i9i ti'ti`(
.{•r........................................
e.-. •11,..•, ..... 'H. n'(_p'iGY 1-r i.,,-',�•, ..• ,—_''I_11,•,41111 a•_.✓, a},/, Yl•Y•',._•IWV\w.J'r:i•'1 ,—}•r.I'�nt ,F }Ii11'iIr•^
n• w r• .+• •Vn.Y•.e .a..a1 i\'— T♦i• 1�• •t4•••••••I •r w.n:• •Y]4wi ='w1r •I•�•,,4 •]••.• •,>w r!•R11 ='.•r ro,r •�•t
..S G. itL :l I•
k•.t•i ..,, t, ,Is s. t... t ,J. t+. I:..3 L,,...s••G 11_11.3 :...cE #} , {Z .,,. !f tf
_..a..,. -#....r. a -.,.:..n•:.. e-..-i3..•(:I i1Fr}•..t }.1.,-r....,N u�t«•i...i ,...i4. .if: Ys,.. Y, .. -..! r., i..
I ti',!/c`f?"•ti"'it't' 1{�:+—;'n,• i,"tl' .r ,;INSURANC CO A Y OF NORTH MERICA ';iIt
'.:Ai l rr.Yar!?.r,{•..(r I rMII? t. -.I t«.f Lr j tcrvel« .1.,Yr ♦. .. .a-11 -..• _...�..,—r,1r
111r i1 •\ir11 ,1t• i ry I► _' .• 1 - Idl 1 ,• r,1.
•''11•• ,F •r 1 )!"•'t •--i- }at i}1 ,ii••ti• Y1•,f .a .t 1, •—Llasilt ♦• ,t
.8«s,aSEAL) }} ii«i. to+'I 1._i t•. l l--,•.4J)—.I.«?I. .-i3_:.i+ 1{ .il..
,-.-3, F{ srf., f, = 1I11 {l F.i 4, JMI{ 'N . I ,FJ tal .'R 111 11 . \ • , • • 11 t 14 • 1.,=(,Y
r r --_ • mtr v/it 'f' 1 e-tt !t� tl / _J - 1 ••!.rl Vice -President `a
'1 }• STATE OF •ILLINOIS -�..• to-c4J• *--.1 air •.- - MICHAEL B. FODOR }Y"' - t -I
•.,._Y, COUNTY OF .I .'ai,• --F•
.- tf#t$'ri 1 11•.11.1111}.+�.' .i 11..,i..vl.-'•.:tf�tf—ftr ,r-F.ri'...2
I"A;� ;fa COOK • .,..1•.,J'f a.•.l fry:1, V 1 • ,11 .T N,t.^4 ,Y ,Y.,�.I r" t Ff t;-; Y11Yt1 •u.1"i.}M3
..i ]eft r.d }.«t "1i •• e.i ; ;;,� G• '! I., \ J.i , { •
! e.,11.—.e,M.i.T r•.!I• S 54 1r •.i ; -_s_-f M<t•,,,i•{_ifJSF\,.Jflx'I•wtiMi'!„r'* Mti«it_.!I«I
•I •.4}t'Y-I, V.4. , t•, , . a4>11] . .i l:•f, a,_I I••., {Iifi,.,.n, ♦ II I-/llT t.Ft f...'• I It .i; _1:#tI,.Y yt•
«LtM•t}asri{,. I {:r'=r..i..w e, :i-1 \. _l- .-i J ,a i{i rii.. ._ °
L 14th August) {i BO ' it
• •^} Y--• ,—•On this -..day of ...... I . I .. A. D. 19 before the subscriber, a Notary r? lrw
• State • of IIlinois and{ •- :Cook"I--t'• . ,.:''
_tt-..Public of the -^. MICHAEL B.• �JLandfor the County of, low }n.iduly commissionedandqualified,came..........s•I;: ii8
3:1111 rl.rr: s. ..t. ri Yl7U(�R 5- rii._t'..I .11:' • r•
, Vice -President of the INSURANCE COMPANY OF -,.?,—
";: NORTH AMERICA to me personally known to be the individual and officer described in, and who executed the preceding instrument, and ..it
J! , he acknowledged the execution of the same, and, being by me duly sworn, deposeth and saith, that he is the officer of the Company afore- ''ti
jti
• . , ,said, and that the seal affixed to the preceding instrument is the corporate seal of said Company, and the said corporate seal and his signature
;? };. as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation, and that Resolution, t 113
1r adopted by the Board of Directors of said Company, referred to in the preceding instrument, is now in force. •t >"•=ads+: -1t'..1 f-•+ 3•"i 1"i i't'l
;ltl,_ti.. _ - - „ CHICAGO s'n it_ -.1,.; i.—II•I,
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of y ,,,the day and ear i
{loo first above written. •-.•-•=—I....•._, .,-.:N.. _ =,�i ,.,•,.r. �._t r.- 1} ]Y y 't
} • d I —•_�11l -♦ i iI t J1. •lt IJ - I A ^ ^I • "� L- !C .t /!
—.=•«G��,-11I• \•.. L- }1 .•).a r'f. it .{I_,• a + it. !_•.
• / /r
/•_n Cr' n,\\\ 1?-ifls.i •i.•r,}r; a.11 1^SI /`/ I •/`� l.`'' -•c -LL /L1X!`.✓. • •.,il
it'!i1,il •i F '+r r DAWN STRAWBRIDGE .. „a•,, •'I.I, Not vPubiic ,,i:!
_xanm ti May 28, 1984 , r♦ t Y},I Yr.-+
.................. -pi+Y.,' 1111 .- .. i .'. , 4
; vnd ,YAr]Satapx Secretary of INSURANCherebcertify that the original POWER
1 F the foregoing is a full, true and correct copy, is in full force and effect. • { • : •
1111 i
�' � ,, wi 1 it wh -'o'f, I have hereunto subscribed my name as 4ij4�x Secretary, and affixed the corporate seal of the'Corporation,' J }! l
3
- Ir Y r .. ) r . -t
_Ji +. day of 19...... „<, .r - t- I
..!}are �_, �. .................................................
_• t• 1,.1.1 't Yt ;fS tS°.a,s.»tiff
(ry , ) 1111 { _.} ' 1J } ., ;
,-Y lJ'EALI 11 •` ,`i'r/ if1•\♦ ftt i; ,.4. Ia r• N�,i.1.. _,•'t{' , =•I. 11
•I... it r _., M a •'Y,.• — , .,_ ♦ a'.. T. f ,^• , Secretary Y}
...' }.;`}t4. Is t !, a •• :•' ES S. WYLLIE t 1?L°.
;'. BS.2D08a Pia. in U.S.A. • _.,
S.
i
I382 . Federal Register / Vol. 48, No. 142 / Friday. July 24. 1981 / Notices
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FRANK WHITE. GOVERNOR
BILL EVERETT. DIRECTOR
Fl
ARKANSAS DEPARTMENT OF LABOR
1022 HIGH STREET LITTLE ROCK 72202 (501) 371-1401
March 9, 1982
McGoodwin, Williams and Yates, Inc.
909 Rolling Hills Drive
Fayetteville, Arkansas 72701
Re: Street and Drainage Improvements
Fayetteville
Washington County
Gentlemen:
This is to certify that the State of Arkansas Prevailing Wage Rate
Determination Number 81-78 for the referenced project shall conform
with those contained in the U.S. Department of Labor Decision Number
AR81-4060.
If you have any questions or we can be of further assistance,
please contact Becky Bryant at 371-3024.
Sincerely,
Bill Everett
Director
BE: kj
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U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
BID FOR UNIT PRICE CONTRACTS
Place Fayetteville, Arkansas
Date April 1, 1982
Project No.
DHUD No. ST -8109
Proposal of
McClinton -Anchor
Co., Division
of APAC-Arkansas
Inc.
(hereinafter
called "Bidder")
*
a corporation,
organized and
existing under the
laws
of the
State of Delaware
M
, * a , r—tne i-p_,-o� atr i i itlaal it�g-businass
To the Community Development Department
City of Fayetteville, Arkansas
Gentlemen:
(hereinafter called "Owner")
The Bidder, in compliance with your. invitation for bids for the construction
of Street and Drainage Improvements
1
having examined the plans and specifications with related documents and the site
' of the proposed work, and being familiar with all of the conditions surrounding
the construction of the proposed project including the availability of materials
and labor, hereby proposes to furnish all labor, materials, and supplies, and to
.construct the project in accordance with the contract documents, within the time
' set forth therein, and at the prices stated below. These prices are to cover all
• expenses incurred in performing the work required under the contract documents, of
which this proposal is a part.
• Bidder hereby agrees to commence work under this contract on or before a date
to be specified in written "Notice to Proceed" of the Owner and to fully complete
' the project within 90 consecutive calendar days thereafter as stipulated in
the specifications. Bidder further agrees to pay as liquidated damages, the sum
of 5 100.00 for each consecutive calendar day thereafter as hereinafter
provided in Paragraph 19 of the General Conditions.
1 Bidder acknowledges receipt of the following addendum:
Addendum No. 1 3-26-82
1
I.-
-
Insert corporation, partnership or individual as applicable.
•HUD -423!D (1.59) R,plecea CFA -I?? -O .which is obsolete
G
Li
Bidder agrees
to
perform all. the construction
work described in the
specifications
and shown on
the
plans for the following unit
and lump sum prices.
Item Estimated Total
No. Quantity Description and Unit or Lump Sum Price Bid Amount
1. Lump Sum Site Preparation, 7th Street
One thousand Eight hundred and no/100-------------- dollars $ 1,800.00
Lump Sum Site Preparation, 9th Street
' Two thousand Two hundred Ninety-five and no/100 ------ dollars $ 2,295,00
3. Lump Sum Site Preparation, 12th Street
' Four thousand Two hundred Fifty-five and no/100 ------ dollars $ 4,255.00
4. Lump Sum Site Preparation, 13th Street
Three thousand Six hundred Seventy-five and no/100 --- dollars $ 3,675.00
' 5. 1,200 Cubic Yards, Furnishing and Compacting
Approved Subgrade Material for Undercut
Areas, complete in place
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Three and 50/100 ----------------------- dollars( 3.501Ton S 4,200.00
6. 2,200 Tons, Compacted SB-2 Base Material,
complete in place
Nine and 65/100 ------------------------- dollars( 9,65)Ton $ 21,230.00
7. 600 Tons, Asphaltic Concrete Hot -Mix
Surface Course, complete in place
Thirty-three and no/100------------------ dollars( 33.00)Ton $ 19,800.00
8. 4,600 Linear Feet, Concrete Curb and Gutter,
complete in place
Four and 50/100 -------------------- dollars( 4.50)L.F. $ 20 700.00
9. 1,010 Square Yards, 6" Nonreinforced Portland Cement
Concrete Pavement, complete in place
Twelve and no/100---------------------- dollars( 12.00)S.Y. S 12 120.00
10. 825 Square Yards, Nonreinforced Portland Cement
Concrete Sidewalks, complete in place
Ten and 50/100
dollars( 10.50)S_y. S 8,662.50
' 5-2
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• -.-. -
Item Estimated Total
Description and Unit or Lump Sum Price Bid
No. Quantity Amount
11. 6 Cubic Yards, Class A Concrete for Headwalls,
Drop Inlet Boxes, and Aprons on Storm Sewer
Pipe, complete in place
Three
hundred and
no/100----------------
dollars(
300.00)C,y. $ 1,800.00
12. 3 Each, Adjustment
Two hundred and no/100------------------
of Manholes to Grade
dollars(
200.00)Each $ 600.00
13.
Fifty'and.no/100....../?;----------------------
5
Each, Adjustment
of Valve Boxes to Grade
dollars( :50.00)Each $ 250.00
14.
8
Linear Feet, 12"
Reinforced Concrete
Storm
Sewer Pipe, complete in place
Twelve and no/100---------------------- dollars( 12.00)L.F. $ 96.00
15. 20 Linear Feet, 15" Reinforced Concrete Storm
Sewer Pipe, complete in place
Sixteen and no/100--------------------- dollars( 16.00)L.F. $ 320.00
16. 4 Linear Feet, 24" Reinforced Concrete Storm
Sewer Pipe, complete in place
Twenty-five and no/100------------------- dollars( 25.00)L.F. $ 100.00
17. 112 Linear Feet, 15" Storm Sewer Pipe (Reinforced
Concrete, Galvanized or Aluminized Steel),
complete in place
Thirteen and no/100--------------------- 13.00 1,456.00
dollars( )L.F. $
18. 96 Linear Feet, 24" Slotted Storm Sewer Pipe,
complete in place
Thirty-six and 75/100 --------------------- dollars( 36.75)L.F. $ 3,528.00
19. 65 Linear Feet, 18" Slotted Storm Sewer Pipe,
complete in place
Thirty-four and no/100------------------- dollars( 34.00)L,F. $ 2,210.00
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This page of Bid as per Addendum No. 1.
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Item
N
Estimated
n„� r; r.,
Description
and Unit or Lump Sum Price Bid
Total
,Total
93 Linear Feet, 6" Vitrified Clay Pipe Sewer,
depth as shown on the plans, including bedding
gravel, complete in place
Nine
and 50/100
--------------------------
dollars( 9.50 )L.F. $ 883.50
21.
Five
1
hundred and
Each, Manholes 0-6'
in depth, complete
no/100-------------
(including 6" stub -out)
in place
------- dollars( 500.00)Each $ 500.00
22.
3
Each, Drop Inlet Boxes, including grate,
complete in place
Five hundred and no/100------------------- dollars( 500.00)Each $ 1,500.00
TOTAL, Items 1 through 22 ------------------------------------ $ 111,981.00
(Amounts are to be shown in both words and figures. In case of discrepancy, the
amount shown in words will govern.)
The above unit prices shall include all labor, materials, bailing, shoring, removal,
overhead, profit, insurance, etc., to cover the finished work of the several kinds
called for.
Bidder understands that the Owner reserves the right to reject any or all bids and to
waive any informalities in the bidding.
The
bidder agrees that this bid shall be
good and may
not
be withdrawn for
a period
of
60 calendar days after the scheduled
closing time
for
receiving bids.
H
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Respectfully submitted,
(Seal - if bid is by corporation.)
P. 0. Box 1367 By /s/ Harold W. Medcalf
'• Fayetteville, AR 72701 (Signature)
(Business Address and Zip Code)
Vice -President
' (Title
Arkansas License No. 82-101
Upon receipt of written notice of the acceptance of this bid, bidder will execute the
formal contract attached within 10 days and deliver a Surety Bond or Bonds as
required by Paragraph 29 of the General Conditions. The bid security attached in
the sum of 5% of Bid dollars ($ 5,599.05 )
is to become the property of the Owner in the event the contract and bonds are not
executed within the time above set forth, as liquidated damages for the delay and
additional expense to the Owner caused thereby.
H
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. - KU 0-4238-F
(6.66)
CONTRACT
THIS AGREEMENT, made this day of , 19 82 , by and
between City of Fayetteville, Arkansas „
herein called "Owner." acting
(Corporate Name of Owner)
' herein through its Mayor
and
(Title of Authorized Officio))
II, McClinton -Anchor Company, Division of APAC-Arkansas, Inc.
STIUKE OUT (a corporation) (a parsrsesdtip)
INAPPLICABLE (a ziud:•;A a" fi„ ;te« >s
TERMS )
' of -'Wilmington ,County of Newcastle ,and State of Delaware _,
hereinafter called "Contractor."
'
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be
I. made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete
the construction described as follows:
Street and Drainage Improvements
One hundred eleven thousand
' hereinafter called the project, for the sum of_ Nine hundred Eighty-one and no/100 ------ Dollars
(S * ) and ali extra work in connection therewith, under the terms as stated in the General and Special Con-
- ditions of the Contract; and at his (its or their) own proper cost and expense to furnish all the materials, supplies,
' machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services neccssan- to com-
plete the said project in accordance with the conditions and prices stated in the Proposal. the General Conditions, Sup-
plemental General Conditions and Special Conditions of the Contract, the plans, which include all maps, plats, blue
prints, and other drawings and printed or written explanatory matter thereof, the specifications and contract documents
' therefor as prepared by. McGoodwin, Williams and -fates, Inc. ,hereinentitledtheAs�#tst.=t/Engineer,
and as enumerated in Paraearaph 1 of the Supplemental General Conditions, all of which are made a part hereof and col-
lectively evidence and constitute the contract.
' The Contractor hereby agrees to commence work under this contract on or before a date to be specified in a
written "Notice to Proceed" of the Owner and to fully complete the project within - 90 consecutive calendar days
thereafter. The Contractor further agrees to pay, as liquidated damages, the sum of S 100.00 for each consecu-
tive calendar day thereafter as hereinafter provided in Paragraph 19 of the General Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to
' additions and deductions; as provided in the General Conditions of the Contract, and to make payments on account
thereof as provided in Paragraph 25, "Payments to Contractor," of the General Conditions.
' * $111,981.00
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which shall
NESS WHEREOF. the parties to these presents have executed this contract in six (6) counterparts, each
e deemed an orieinal. in the year and day first above mentioned.
Sherry L. RKwe, City Clerk
(Witness)
City of Fayetteville, Arkansas
Community Development Department
(ter)
By gz; aet / 6
Paul R. Noland
Mayor
(Title)
McClinton -Anchor Company,
Division of APAC-Arkansas, Inc.
(Conrmcrorl
By
P. 0. Box 1367
Fayet-rPv;11P, Arkancnc
(Address and Zip Coda)
NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest.
HUD -3233-F (6-66)
GPO 869-880
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PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That we (1) McClinton -Anchor Company, Division
of APAC-Arkansas, Inc. a (2) corporation hereinafte=called
' "Principal" and (3) INSURANCE COMPANY OF NORTH AMERICA
' of PHILADELPHIA , State of PENNSYLVANIA , hereinafter
called the "Surety," are held and firmly bound unto (4) City of Fayetteville, Arkansas
' Community Development Department , hereinafter called "Owner," in the penal sum of
One hundred eleven thousand Nine hundred Eighty-one and no/100 -----------------------
------------------------ dollars ($ 111,981.00 in lawful money of the United
States, for the payment of which sum well and truly to be made, we bind ourselves, our
heirs, executors, administrators and successors, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into
a certain contract. with Owner, dated the c S�day of , 19 82 ,
a copy of which is. hereto attached and made a part hereof for a construction of:
' Street and Drainage Improvements, Plans No. Fy-104
NOW THEREFORE, if the Principal shall well, truly and faithfully perform its
duties, all the undertakings, covenants, terms, conditions, and agreements of said
contract during the original term thereof, and any, extensions thereof which may be
granted by the Owner, with or without notice to the Surety, and if he shall satisfy
all claims and demands incurred under such contract, and which it may suffer by reason
of failure to do so, and shall reimburse and repay the Owner all outlay and expense
which the Owner may incur in making good any default, then this obligation shall be
void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates
and agrees that no change, extension of time, alteration or addition to the terms of
the contract or to the work to be performed thereunder or the specifications accom-
panying the same shall in any wise affect its obligation on this bond, and it does
hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the contract or to the work or to the specifications.
PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
This bond is given in compliance with Act 351, Arkansas Acts of 1953, and.Act
209, Arkansas Acts of 1957, the same appearing as Arkansas Statutes (1957), Section
51-635, Cumulative Supplement.
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IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one
of which shall be deemed an. original, this the day of 19' 82
ATTEST:
McClinton -Anchor Company,
Division of APAC-Arkansas, Inc.
Principal
P.O. Box 1367
Fayetteville, Arkansas 72701
Address
ATTEST:
By:
P. 0. Box 1367
Fayetteville, Arkansas 72701
Address
INSURANCE COMPANY OF NORTH AMERICA
Surety
By /sd&dt
J ck East, Jr., A 'tor ev-;Jh--.Fact
Ul i'l fry`
as to
1220 W. 3rd, Little Rock, Ar
Address
1220 W. 3rd, Little Rocsk;r
kddress s
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.
7-2
•
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That we (1) McClinton -Anchor Company, Division
of APAC-Arkansas, 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 City of Fayetteville, Arkansas,
I Community Development
Department , hereinafter called "Owner," in the penal sum of --'-'-"'---'''
One hundred eleven thousand Nine hundred Eighty-one and no/100-------------- dollars
($ 111.981.00 ) in lawful money of the United States, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs, executors, administrators and
successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into
a certain contract with Owner, dated the c day of , 19 82
a copy of which is hereto attached and made a part hereof for the construction of:
' Street and Drainage Improvements, Plans No. Fy-104
NOW THEREFORE, if the Principal shall promptly make payment to all persons, firms,
' subcontractors and corporations furnishing materials for or performing labor in the
prosecution of the work provided for in such contract, and any authorized extension or
modification thereof, all amounts due for but not limited to, materials, lubricants,
' oil, gasoline, coal and coke, repair on machinery, equipment and tools, consumed or used
in connection with the construction of said work, fuel oil, camp equipment, food for
men, feed for animals, premium for bonds and liability and workmen's compensation
insurance, rentals on machinery, equipment and draft animals; also for taxes or pay-
' ments due the State of Arkansas or any political subdivisions thereof which shall have
arisen on account of or in connection with the wages earned by workmen covered by the
bond; and for all labor, performed in such work whether by subcontractor or otherwise,
' then this obligation shall be void, otherwise to remain in full force and effect.
The Surety agrees the terms of this bond shall cover the payment by the Principal
of not less than the prevailing hourly rate of wages as found by the Arkansas Depart-
' merit of Labor or as determined by the court on appeal to all workmen performing work
under the contract.
' PROVIDED FURTHER, that the said surety, for value received hereby stipulates and
agrees that no change, extension of time, alteration or addition to the terms of the
contract or to the work to be performed thereunder of the specifications accompanying
' the same shall in any wise affect its obligation on this bond, and it does hereby
waive notice of any such change, extension of time, alteration or addition to the
terms of the contract as to the work or to the specifications.
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' . PROVIDED FURTHER, that no final settlement between the Owner and the Contractor
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
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This bond is given in compliance with Act 351, Arkansas Acts of 1953, and Act
209, Arkansas Acts of 1957, the same appearing as Arkansas Statutes (1957) Section
51-635, Cumulative Supplement.
IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one
of which shall be deemed an original, this the ______ day of 19_82
rayeuevme, ninaiJaaa /civa
Address
Witn s as to Sti ety
1220 W. Third, Little Rock, Ar
Address
McClinton -Anchor Company,
Division of APAC-Arkansas, Inc.
Principal
P. 0. Box 1357
Fayetteville, Arkansas 72701
Address
INSURANCE COMPANY OF NORTH AMERICA
Surety /i lti 1'
Att ey-in-Factf;� =^
ack East, Jr. `' Z'
1220 W. Third, Little Rock, Ar
Address
NOTE: Date of bond must not be prior to date of contract.
(1) Correct name of Contractor.
(2) A Corporation, a Partnership, or an individual, as the case may be.
(3) Correct name of Surety.
(4) Correct name of Owner.
(5) If Contractor is Partnership, all partners should execute bond.
(6) This bond must be filed with the Circuit Court of the County where the work is
to be performed prior to the start of construction.
7-4
INSURANCE COMPANY OF NORTH AMERICA PHILADELPHIA, PA.
POWER OF ATTORNEY
Know all men by these presents: That INSURANCE COMPANY OF NORTH AMERICA, a corporation of the Commonwealth of
Pennsylvania, having its principal office in the City of Philadelphia, Pennsylvania, pursuant to the following Resolution adopted by the Board
of Directors of the said Company on May 28, 1975, to wit:
"RESOLVED, pursuant to Articles 3.6 and 5.1 of the By -Laws, the following Rules shall govern the execution for the Company of
bonds, undertakings, recognizances, contracts and other writings in the nature thereof:
(t) 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 at-
tested when necessary by the Secretary, an Assistant Secretary or a Resident Assistant Secretary and the seal of the Company affixed thereto;
and that the President or any Vice -President may appoint and authorize Resident Vice -Presidents, Resident Assistant Secretaries and Attorneys -
in -Fact to so execute or attest to the execution of all such writings on behalf of the Company and to affix the seal of the Company thereto.
(2) Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case as though signed by the
President and attested by the Secretary.
(3) The signature of the President or a Vice-president and the seal of the Company may be affixed by facsimile on any power of
attorney granted pursuant to this Resolution, and the signature of a certifying officer and the seal of the Company may be affixed by facsimile
to any certificate of any such power, and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on
the Company.
(4) Such Resident Officers and Attorneys -in -Fact shall have authority to certify or verify copies of this Resolution, the By -Laws of the Com-
pany, and any affidavit or record of the Company necessary to the discharge of their duties.
(5) The passage of this Resolution does not revoke any earlier authority granted by Resolution of the Board of Directors on June 9, 1953."
does hereby nominate, constitute and appoint JACK EAST, JACK EAST JR. , JAMES E. DANIEL, DONALD R.
HENDERSON and JUDY FRANKS, all of the City of Little Rock, State of Arkansas
Pits true and lawful agent and attorney -in -fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed
any and all Bonds & Undertakings, UNLIMITED in amounts, on behalf of APAC-Arkansas, Inc.
and APAC-Texas, Inc..
Said Bonds & Undertakings to be signed for the Company and the Seal of the Company
attached thereto by any one of the Said Jack East, Jack East Jr., James E. Daniel,
Donald R. Henderson and Judy Franks, individually.
' 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.
MICHAEL B.
IN WITNESS WHEREOF, the said ......... FODOR , Vice -President,
• has hereunto subscribfdtthis name and affixed the corporate seal of the said INSURANCE COMP�IY OF NORTH
August
AMERICA this ................................day of ....................19 ...
INSURANC CO.. A Y' OF
(SEAL) B .... ..... NORTH MERIC..
' STATE OF ILLINOIS MICHAEL B. FODOR Vice -President
COUNTY OF COOK ss.
14th August 80
On this . day of ......... ... , A. D. 19 .... , before the subscriber, a Notary
State of Illinois Cook
Public of the
MICHAEL B.or the County of duly commissioned and qualified, came .
I)C)
........................................... . , Vice -President of the INSURANCE COMPANY OF
NORTH AMERICA to me personally known to be the individual and officer described in, and who executed the preceding instrument, and
he acknowledged the execution of the same, and, being by me duly sworn, deposeth and saith, that he is the officer of the Company afore-
said, and that the seal affixed to the preceding instrument is the corporate seal of said Company, and the said corporate seal and his signature
as officer were duly affixed and subscribed to the said instrument 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 CHICAGOthe day and year
first above written.
WBR Vie_ DAWN STRA14BRIDGE +' ..No y Public
=3 _ ex res May 28, 1984
r � - ,tilt7t Secretary of INSURANCE COMPANY OF NORTH AMERICA, do hereby certify that the original POWER
ch the foregoing is a full, true and correct copy, is in full force and effect. ti:
t} il w ol, I have hereunto subscribed my ame as ijq}j3tg(;� Secretary, and affixed the corporate seal of the Corporation,
I.
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••'` •,.c H' a. . of .. .......... J9.. g.Z "{k,
/ , s -
SEALI �-' �.. /v ""'+"..... .
• ' . . ES S . WYLLIE Secretary
85-2O08a Ptd. In U.S.A
U.S. DEPARTMENTOF HOUSING AND URBAN DEVELOPMENT
' GENERAL CONDITIONS
1. Contract and Contract Documents -
' The project to be constructed- pursuant to this contract will be financed with assistance
from the Department of Housing and Urban Development and is subject to all applicable
Federal laws and regulations,
The Plans, Specifications and Addenda, hereinafter enumerated in Paragraph I of the
Supplemental General Conditions shall form part of this Contract and the provisions thereof
shall be as binding upon the parties hereto as if they were herein fully set.forth. The table
of contents, titles, headings, running headlines and marginal notes contained herein and in
' -said documents are solely to facilitate reference to various provisions of the Contract
Documents and in no way affect, limit -or cast light on the interpretation of the provisions
to which they refer.
- Contents* .
1. Contract and Contract Documents 36. Stated Allowances
2. Definitions 37. Use of Premises and Removal of Debris
3. Additional Instructions and Detail 38, Quantities of Estimate -
Drawings - 39. Lands and Rights -of -Way
' 4. Shop or Setting Drawings 40. General Guaranty
5. Materials, Services, and Facilities 41. Conflicting Conditions
6. Contractor's Title to Materials 42. Notice and Service Thereof
7. Inspection and Testing of Materials 43. Required Provisions Deemed Inserted
" 8. "Or Equal" Clause 44. Protection of Lives and Health
9. Patents 45. Subcontracts
10. Surveys, Permits and Regulations 46. Equal Employment Opportunity
11, Contractor's Obligations 47. Interest of Member of Congress
12. Weather Conditions 48. Other Prohibited Interests
13. Protection of Work and Property-- 49, Use Prior to Owner's "Acceptance
Emergency 50. Photographs
14. Inspection 51. Suspension of Work
' 15. Reports, Records and Data 52. Minimum Wages
16. Superintendence by Contractor 53. Underpayments of Wages
17, Changes in Work 54. Anticipated Fringe 2enefits
18. Extras 55. Overtime Compensation
' 19. Time for Completion and Liquidated 56. Apprentices
Damages 57. Employment Prohibited
20. Correction of Work 58. Compliance with Anti -Kickback Act
21. Subsurface Conditions Found Different 59. Classifications Not Listed
22,, Claims for Extra Cost 60. Fringe Benefits Not Expressed
23. Right of Owner to Terminate Contract 61. Posting Wage Rates
• 24. Construction Schedule and Periodic 62. Complaints,- Proceedings,or Test -
Estimates imony .:
1 25. Payments to Contractor 63. Claims and Disputes
26. Acceptance of Final Paymentas Release 64. Questions Concerning Regulations
27. Payments by Contractor 65. Payrolls and Records
28. Insurance 66. Specific Coverage
29. Contract Security 67. Ineligible Subcontractors
30. Additional or Substitute Bond 68. Provisions to be Included
31. Assignments 69. Broach of Labor Standards
32. Mutual Responsibility of Contractors 70. Employment Practices
33. Separate Contracts 71. Contract Termination; Debarment
34, Subcontracting
35. Architect/Engineer's Authority
HUD -42385(R) Ptev,ou. edition ;s obsolete ** Attachment to Federal Labor Standards Provisions
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2. Definitions '
The following terms as used in this contract are respectively defined as follows:
(a) 'Contractor'': A person, firm or corporation with whom the contract is made by the
Owner.
(b) "Subcontractor': A person, firm or corporation supplying labor and materials or only
labor for work at the site of the project for, and under separate contract or agreement
with, the Contractor.
(c) "Work on (at) the project": Work to be performed at the location of the project, includ-
ing the transportation of materials and supplies to or from the location of the project
by employees of the Contractor and any Subcontractor.
3. Additional Instructions and Detail Drawings
The Contractor will be furnished additional instructions and detail drawings as necessary t
to carry out the work included in the contract. The additional drawings and instructions
thus supplied to the Contractor will coordinate with the Contract Documents and will be so
prepared that they can be reasonably interpreted as part thereof. The Contractor shall
carry out the work in accordance with the additional detail drawings and instructions. The
Contractor and the Architect/Engineer will prepare jointly (a) a schedule, fixing the dates
at which special detail drawings will be required, such drawings, if any, to be furnished
b., the Architect/Engineer in accordance with said schedule, and (b) a schedule fixing the
respective dates for the submission of shop drawings, the beginning of manufacture, test-
ing and installation of materials, supplies and equipment, and the completion of the various
parts of the work; each such schedule to be subject to change from time to time in accord-
ance with the progress of the work.
4. Shop or Setting Drawings
The Contractor shall submit promptly to the Architect/Engineer two copies of each shop
or setting drawing prepared in accordance with the schedule predetermined as aforesaid.
After examination of such drawings by the Architect/Engineer and the return thereof, the
Contractor shall make such corrections to the drawings as have been indicated and shall
furnish the Architect/Engineer with two corrected copies. If requested by the Architect/
Engineer the Contractor must furnish additional copies. Regardless of corrections made in
or approval given to such drawings by the Architect/Engineer, the Contractor will never-
theless be responsible for the accuracy of such drawings and for their conformity to the
Plans and Specifications, unless he notifies the Architect/Engineer in writing of any devia-
tions at the time he furnishes such drawings.
5. Materials, Services, and Facilities '
(a) It is understood that except as otherwise specifically stated in the Contract Documents,
the Contractor shall provide and pay for all materials, labor, tools, equipment, water,
light, power, transportation, superintendence, temporary construction of every nature,
and all other services and facilities of every nature whatsoever necessary to execute,
complete,and deliver the work within the specified time.
(b) Any work necessary to be performed after regular working hours, on Sundays or Legal
Holidays, shall be performed without additional expense to the Owner.
6. Contractor's Title to Materials
No materials or supplies for the work shall be purchased by the Contractor or by any Sub-
contractor subject to any chattel mortgage or under a conditional sale contract or other
agreement by which an interest is retained by the sell=r. The Contractor warrants that
he has good title to all materials and supplies used by him in the work, free from all
liens, claims or encumbrances.
MUD -ales R-701
8 .
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' 7, Inspection and Testing of�Mater.iads
' (a) All materials and'equipment used in the construction of the project shall be subject to
adequate inspection and testing in accordance with accepted standards. The laboratory
or inspection agency shall be selected by the Owner. The Owner will pay for all labo-
ratory inspection service direct, and not as a part of the contract.
(b) Materials of construction, particularly those upon which the strength and durability
of the structure may depend, shall be subject to inspection and testing to establish con-
formance with specifications and suitability for uses intended,
'' 8. "Or Equal" Clause
Whenever a material, article or piece of equipment is identified on the plans or in the
specifications by reference to manufacturers' or vendors' names, trade names, catalogue
numbers, etc., it is intended merely to establish a standard; and, any material, article, or
equipment of other manufacturers and vendors which will perform adequately the duties
imposed by the general design will be considered equally acceptable provided the material,
article, or equipment so proposed, is, in the opinion of the Architect/Engineer, of equal
'substance and function. It shall not be purchased or installed by the contractor without the
Architect/Engineer's written approval.
9, Patents
' (a) The Contractor shall hold and save the Owner and its officers, agents, servants, and
employees harmless from liability of any nature or kind, including cost and expenses
for, or on account of, any patented orunpatented invention, process, article, or appliance
' manufactured or used in the performance of the contract, including its use by the
Owner, unless otherwise specifically stipulated in the Contract Documents,
(b) License or Royalty Fees: License and/or Royalty Fees for the use of a process which
is authorized by the Owner of the -project must be reasonable, and paid to the holder of
- the patent, or his authorized licensee, direct by the Owner and not by or through the
Contractor, `
(c) If the Contractor uses 'any design, device or- materials covered by letters, patent or
copyright, he shall provide for such use by suitable agreement with the Owner of such
I. patented or copyrighted design, device or material. It is mutually agreed and under-
stood, that, without exception, the contract prices shall include all royalties or costs
arising from the use of such design, device or materials, in any way involved in the
work. The Contractor and/or his Sureties shall indemnify and save harmless the Owner
' of the project from any and all claims for infringement by reason of the use of such
patented or copyrighted design, device or materials or any trademark or copyright in
connection with work agreed to be performed under this contract, and shall indemnify
the Owner for any cost, expense or damage which it may be obliged to pay by reason
' of such infringement at any time during the prosecution of the work or after completion
of the work.
10. Surveys, Permits, and Regulations
Unless otherwise expressly provided for in the Specifications, the Owner will furnish to the
Contractor all surveys necessary for the execution of the work.
' The Contractor shall procure and pay all permits, licenses and approvals necessary for
the execution of his contract.
The Contractor shall comply with all laws, ordinances, rules, orders, and regulations re-
lating to performance of the work, the protectionof adjacent property, and the maintenance
of passageways, guard fences or other protective facilities.
11, Contractor's Obligations
The Contractor shall and will, in good workmanlike manner, do and perform all work and
furnish all supplies and materials, machinery, equipment, facilities and means, except as
HUD -42385 (R)
' 8-3
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herein otherwise expressly specified, necessary or proper to perform and complete all the
work required by this contract, within the time herein specified, in accordance with the
provisions of this contract and said specifications and in accordance with the plans and
drawings covered by this contract any and all supplemental plans and drawings, and in
accordance with the directions of the Architect/Engineer as given from time to time during
the progress of the work. He shall furnish, erect, maintain, ar.d remove such construction
plant and such temporary works as may he required.
The Contractor shall observe, comply with, and be subject to all terms, conditions, rer]uwre-
ments, and ltm,tat.ons of the contract and specifications, and shall do, carry or., and com-
plete the entire work to the satisfaction of the Architect. Engineer and the Owner.
12. Weather Conditions
In the event of temporary suspension of work, or during inclement weather, or whenever the
A rchitect,'Engtneer 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 Contrartor or any of h.s
Subcontractors so to protect his work, such materials shall be removed and replaced at
the expense of the Contractor.
13. Protection of Work and Property --Emergency ,
"he Contractor shall at all times safely guard the Owner's property from :nu ry or loss in
co.rnectton w:th ih.s contract. He shall at all times safely guard and protect his own
and that of a::_;,acer.t property from damage. The Contractor shall replace or make good any
s ich damage, loss or injury unless such be caused directly by errors contained in the con -
t r.ict or by the Owrer, or his duly authorized representatives.
In case of an emergency which threatens loss or injury of property, and/or safety of life,
the Contractor will be allowed to act, without previous instructions from the Architect'
Engineer, in a diligent manner. He shall notify the Architect/Engineer immediately there-
Iter. Any claim for compensation 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,
h2 shall act as instructed or authorized by the Architect/Engineer.
The amount of reimbursement claimed by the Contractor on account of any eme rpency
action shall be determined in the manner provided in Paragraph 17 of the General Condi-
t,or.s.
1d. Inspection ,
The aut'nnnr.ed re, resentatives and agents of the Department of Housing and Urban Devt-.r'1,-
ment shall be pe rrnttted to inspect all work, materials, payrolls, records ni l l•rsnnnel,
invoices of materials, and other relevant data and records.
I=.. Reports, Records, and Data
The Contractor shall suhmtt to the Owner such schedule of quantities and ccsis, 1. rogrrss '
schedules, payrolls, reports, estimates, records and other data as the Cwnrr may rerlucst
conce rnu.g wnrpe rf, reed or to be performed under thks contract.
ii.. Superintendence by Contrartor ,
At the site of the work the Contractor shall emplov a construction superintendent or fore-
man. who shall have full authority to act for the Contractor. It is unto rstood that such
representative shall be acceptable to the Architect Enptneer and shall be ')nr win can hi -
continued in that capacity for the pa rt:cular job inveik cc unless he r,a.es to be on the
C:nntractor's payroll.
MUD -4239S19 -]al
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17. Changes in Work
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No changes in the work covered by the approved Contract Documents shall be made with-
out 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 fol-
lowing methods:
(a) Unit bid prices previously approved.
(b) An agreed lump sum.
(c) The actual cost of:
1. Labor, including foremen;
2. Materials entering permanently into the work;
3. The ownership or rental cost of construction plant and equipment during the time of
use on the extra work;
4. Power and consumable supplies for the operation of power equipment;
5. Insurance;
6. Social Security and old age and unemployment contributions.
To the cost under (c) there shallbe added a fixed fee to be agreed upon but not to exceed
fifteen percent (15%) of the actual cost of the work. The fee shall be compensation to
cover the cost of supervision, overhead, bond, profit and any other general expenses.
' 18. Extras
Without invalidating the contract, the Owner may order extra work or make changes by
altering, adding to or deducting from the work, the contract sum being adjusted accordingly,
and the consent of the Surety being first obtained where necessary or. desirable. All the
work of the kind bid upon shall be paid for at the price stipulated in the proposal, and no
claims for any extra work or materials shall be allowed unless the work is ordered in
writing by the Owner or its Architect/Engineer, acting officially for the Owner, and the
' price is stated in such order.
19. Time. for Completion and Liquidated Damages
' It is hereby understood and mutually agreed, byand-between the Contractor and the Owner,
that the date of beginning and the time for completion as specified in the contract of the
work to be done hereunder are ESSENTIAL CONDITIONS of this contract; and it is further
mutually understood and agreed that the work embraced in this contract shall be commenced
on a date to be specified in the "Notice to Proceed."
The Contractor agrees that said work shall be prosecuted regularly, diligently, and un-
interruptedly at such rate of progress as will insure full completion thereof within the
' time specified. It is expressly understood and agreed, by and between the Contractor and
the Owner, that the time for the completion of the work described herein is a reasonable
time for the completion of the same, taking into consideration the average climatic range
and usual industrial conditions prevailing in this locality.
' If the said Contractor shall neglect, fail or refuse to complete the work within the time
herein specified, or any proper extension thereof grantedby 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
I. 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
HUD- 7385 (R)
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allowed for the completion of any work, the new time limit fixed by such extension shall
be of the essence of this contract. Provided, that the Contractor shall not be charged
with liquidated damages or any excess cost whenthe Owner determines that the Contractor
is without fault and the Contractor's reasons for the time extension are acceptable to
the Owner: Provided, further, that the Contractor shall not be charged with liquidated
damages or any excess cost when the delay in completion of the work is due:
(a) To any preference, priority or allocation order duly issued by the Government;
(b) To unforeseeable cause beyond the control and without the fault or negligence of the
Contractor, including, but not restricted to, acts of God, or of the public enemy, acts
of the Owner, acts of another Contractor in the performance of a contract with the
Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes,
and severe weather: and
(c) To any delays of Subcontractors or suppliers occasioned by any of the causes specified
in subsections (a) and (b) of this article:
Provided, further, that the Contractor shall, within ten (10) days from the beginning of
such delay, unless the Owner shall grant a further period of time prior to the date of final
settlement of the contract, notify the Owner, in writing, of the causes of the delay, who
shall ascertain the facts and extent of the delay and notify the Contractor within a reason-
able time of its decision in the matter.
20. Correction of Work '
Al! :work, all materials, whether incorporated in the work or not, all processes of manu-
facture, and all methods of construction shall be at all times and places subject to the
inspection of the Architect/Engineer who shall be the final judge of the quality and suit-
ability of the work, materials, processes of mam._facture, and methods of construction
for the purposes for which they are used. Should they fail to meet his approval they shall
be forthwith reconstructed, made good, replaced and/or corrected, as the case may be,
by the Contractor at hs own expense. Rejected material shall immediately be removed
from the site. If, in the opinion of the Architect/Engineer, it is undesirable to replace
any defective or damaged materials or to reconstruct or correct any portion of the work
injured or not performed in accordance with the Contract Documents, the compensation to
be paid to the Contractor hereunder shall be reduced by such amount as in the judgment
of the Architect/Engineer shall be equitable.
21. Subsurface Conditions Found Different
Should the Contractor encounter sub -surface and/or latent conditions at the site materially
differing from those shown or, the Plans or indicated in the Specifications, he shall imme-
diately give notice to the Architect/Engineer of such conditions before they are disturbed.
The Architect/Engineer will thereupon promptly investigate the conditions, and if he finds
that they materially differ from those shown onthe Plans or indicated in the Specifications,
he will at once make such changes in the Plans and/or Specifications as he may find nec-
essary, any increase or decrease of cost resulting from such changes to be adjusted in
the manner provided in Paragraph 17 of the General Conditions.
Z. Claims for Extra Cost
No claim for extra work or cost shall be allowed unless the same was done in pursuance '
of a written order of the Architect/Engineer approved by the Owner, as aforesaid, and
the claim presented with the first estimate after the changed or extra work is done. When
work is performed under the terms of subparagraph I7(c) of the General Conditions, the
Contractor shall furnish satisfactory bills, payrolls and vouchers covering all items of
cost and when requested by the Owner, give the Owner access to accounts relating thereto.
23. Right of the Owner to Terminate Contract '
In the event that any of the provisions of this contract are violated by the Contractor, or by
any of his subcontractors, the Owner may serve written notice upon the Contractor and
the Surety of its intention to terminate the contract, such notices to contain the reasons for
HUe-.nes I9-70) ,
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.. such intention to terminate the contract, and unless within ten (10) days after the serving
of such notice upon the Contractor, such violation or delay shall cease and satisfactory
arrangement of correction be made, the contract shall, upon the expiration of said ten (10)
days, cease and terminate, In the event of any such termination, the Owner shall imme-
' diately serve notice thereof upon the Surety and the_Contractor and the Surety shall have
the right to take over and perform the contract; Provided, however, that if the Surety does
not commence performance thereof within ten (10) days from the date of the mailing to
such Surety of notice of termination, the Owner may take over the work and prosecute the
same to completion by contract or by force account for the account and at the expense of
I. the Contractor and the Contractor and his Surety shall be liable to the Owner for any ex-
cess cost occasioned the Owner thereby, and in such event the Owner may take possession
of and utilize in completing the work, such materials, appliances, and plant as may be on
the site of the work and necessary therefor,
• 24, Construction Schedule and Periodic Estimates
Immediately after execution and delivery of the contract, and before the first partial pay -
'.merit is made, the Contractor shall deliver to the Owner an estimated construction progress
; _ schedule in form satisfactory to the Owner, showing the proposed dates of commencement
and• completion of each of the various subdivisions of work required under the Contract
Documents and the anticipated amount of each monthly payment that will become due the
'Contractor in accordance with the progress schedule. The Contractor shall also furnish on
forms to be supplied by the Owner (a) a detailed estimate giving a complete breakdown of
the contract price and (b) periodic itemized estimates of work done for the purpose of
making partial payments thereon. The costs employed in making up any of these schedules
I. i 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
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(a) Not later than the 15th day of each calendar month the Owner shall make a progress
payment to the Contractor on the basis of a duly certified and approved estimate of
the work performed during the preceding calendar month under this contract, but to
insure the proper performance of this contract, the Owner shall retain ten percent (10%'%)
of the amount of each estimate until final completion and acceptance of all work
covered by this contract: Provided, that the Contractor shall submit his estimate
not later than the first day of the month: Provided, further, that the Owner at any time _
after fifty percent (50%) of the work has been completed, if it finds that satisfactory
progress is being made, may make any of the remaining progress payments in full;
Provided, further, that on completion and acceptance of each separate building, public
work, or other division of the contract, on which the price is stated separately in the
contract, payment may be made in full, including retained percentages thereon, less
authorized deductions.
(b) In preparing estimates the material delivered on the site and preparatory work done
may be taken into consideration.
(c) All material and work covered by partial payments made shall thereupon become the
sole property of the Owner, but this provision shall not be construed as relieving the
Contractor from the sole responsibility for the care and protection of materials and
work upon which payments have been made or the restoration of any damaged work, or
as a waiver of the right of the Owner to require the fulfillment of all of the terms of
the contract.
(d) Owner's Right to Withhold Certain Amounts and Make Anolication Thereof: The Con-
tractor agrees that . he will indemnify and save the Owner harmless from all claims
growing out of the lawful demands of subcontractors, laborers, workmen, mechanics,
materialmen, and furnishers of machinery and parts thereof, equipment, power tools,
and all supplies, including commissary, incurred in the furtherance of the performance
of this contract. The Contractor shall, at the Owner's request, furnish satisfactory
evidence that all obligations of the nature hereinabove designated have been paid, dis-
charged, or waived. If the Contractor fails so to do, then the Owner may, after having
served written notice on the said Contractor, either pay unpaid bills, of which the Owner
has written, notice, direct, or withhold from the Contractor's unpaid compensation a
sum of money deemed reasonably sufficient to pay any and all such lawful claims until
satisfactory evidence is furnished that all liabilities have been fully discharged where-
upon payment to the Contractor shall be resumed, ir. accordance with the terms of this
IHUD-41)8s(R) 8-7
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contract, but in no event shall the provisions of this sentence be construed to impose
any obligations upon the Owner to either the Contractor Cr his Surety. In paying any
unpaid bills of the Contractor, the Owner shall be deemed the agent of the Contractor,
and any payment so made by the Owner shall be considered as a payment made under
the contract by the Owner to the Contractor and the Owner shall not be liable to the
Contractor for any such payments made in good faith.
26. Acceptance of Final Payment Constitutes Release
The acceptance by the Contractor of final payment shall be and shall operate as a release
to the Owner of all claims and all liability to the Contractor for all things done or furnished
in connection with this work and for every act and neglect of the Owner and others relating
to or arising out of this work. No payment, however, final or otherwise, shall overate to
release the Contractor or his sureties from any obligations under this contract or the
Performance and Payment Bond,
27. Payments by Contractor
The Contractor shall pay (a) for all transportation and utility services not later than the
20th day of the calendar month following that in which services are rendered, (b) for all
materials, tools, and other expendable equipment to the extent of ninety percent (90'r.) of
the cost thereof, not later than the ZOth day of the calendar month following that in wLtc`:
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 or. which such materials, tools, and equipment are incorporated or used, and.
(c) to each of his subcontractors, not later than the 5th day following each payment to the
Contractor, the respective amounts allowed the Contractor on accoant of the work per-
formed by his subcontractors to the extent of each subcontractor's interest therein.
28. Insurance - Also, see pages 8-30 and 8-39 of the Supplemental General Conditions ani
Section 4, page 17-2 of the Detailed Specifications.
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 tna
Owner, nor shall the Contractor allow any subcontractor to commerce work or. his sub-
contract until the insurance required of the subcontractor has been so obtained and approve.
(a) Compensation Insurance: The Contractor shall procure and shall maintain during tl-.e
life of this contract Workmen's Compensation Insurance as required by applicable State
or territorial law for all of his employees to be engaged in work at the site of the pro_
ject under this contract and, in case of any such work sublet, the Contractor shall re-
quire
the subcontractor similarly to provide Workmen's Compensation Insurance for
all of the latter's employees to be engaged in such work unless such employees are
covered by the protection afforded bythe Contractor's Workmen's Compensation Insur-
ance. In case any class of employees engaged in hazardous work on the project under
this contract is not protected under the Workmen's Compensation Statute, the Contractor
shall provide and shall cause each subcontractor to provide adequate employer's liability
insurance for the protection of such of his employees as are not otherwise protected,
(b) Contractor's Public Liability and Property Damage Insurance and Vehicle liability
Insurance: The Contractor shall procure and shall maintain during the life of this con-
tract Contractor's Public Liability Insurance, Contractor's Property Damage Insurance
and Vehicle Liability Insurance in the amounts specified in the Supplemental General
Conditions.
(c) Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability
Insurance: The Contractor shall either (I) require each of his suhrnnt r.nctors to pro-
cure and to maintain during the life of his subcontract, Subrnntrartnr's Fnblir Liability
and Property Damage Insurance and Vehicle Linbllitr lcsu ranee of th - type :d n to
amounts specified in the Supplemental General Conditions specified in subparagraph (b)
hereof or, (2) insure the activities of his policy, spec ifmd in subparagraph (b) hereof.
(d) Scone of tnsurar:ce and Special Hazards: The insurance required under subpa raeraphs
(b) and (c) i:ereof shall provide adequate protection fns the Contractor .,nd his subcrn-
tractors, respectively, against damage claims which nit arise from op' rations ucarr
HUD -+1185 r9 -r71
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' this contract, whether such operations be by the insured or by anyone directly or in-
directly employed by him and, also against any of the special hazards which may be
encountered in the performance of this contract as enumerated in the Supplemental
General Conditions,
'(e) Builder's Risk Insurance (Fire and Extended Covera¢e): Until the project is completed
and accepted by the Owner, the Owner, or Contractor (at the Owner's option as indicated
in the Supplemental General Conditions, Form HUD -4239-N) is required to maintain
Builder's Risk Insurance (fire and extended coverage) ona 100 percent completed value
basis on the insurable portion of the project for the benefit of the Owner, the Contractor,
subcontractors as their interests may appear. The Contractor shall not include any
costs for Builder's Risk Insurance (fire and extended coverage) premiums during con-
struction unless the Contractor is required to provide such insurance; however, this
provision shall not release the Contractor from his obligation to complete, according
I.
to plans and specifications, the project covered by the contract, and the Contractor and
his Surety shall be obligated to full performance of the Contractor's undertaking,
(f) Proof of Carriage of Insurance: The Contractor shall furnish the Owner with certificates
' showing the type, amount, class of operations covered, effective dates and date of ex-
piration of policies. Such certificates shall also contain substantially the following state-
ment: "The insurance covered by this certificate will not be cancelled or materially
altered, except after ten (10) days written notice has been received by the Owner."
29. Contract Security
The Contractor shall furnish a performance bond in an amount at least equal to one hundred
' percent (100%) of the contract prices as security for the faithful performance of this con-
tract and also a payment bond in an amount not less than one hundred percent (100%) of the
contract price or in a penal sum not less than that prescribed by State, territorial or local
law, as security for the payment of all persons performing labor on the project under this
t. contract and furnishing materials in connection with this contract. The performance bond
and the payment bond maybe in one or in separate instruments in accordance with local law.
According to Arkansas.law, sureties must be licensed by the State Insurance
Department, and bonds must be issued by a resident Arkansas agent. -
30. Additional or Substitute Bond.
If at any time the Owner for justifiable cause shall be or become dissatisfied with any
' surety or sureties, then upon the Performance or Payment Bonds, the Contractor shall —
within five (5) days after notice from the Owner so to do, substitute an acceptable bond
(or bonds) in such form and sum and signed by such other surety or sureties as may be
satisfactory to the Owner. The premiums on such bond shall be paid by the Contractor. No
' further payments shall be deemed due nor shall be made until the new surety or sureties
shall have furnished such an acceptable bond to the Owner.
31. Assignments
' The Contractor shall not assign the whole or any part of this contract or any moneys due
or to became due hereunder without written consent of the Owner. In case the Contractor
assigns all or any part of any moneys due or to become due under this contract, the in-
' strument of assignment shall contain a clause substantially to the effect that it is agreed
that the right of the assignee in and to any moneys due or to become due to the Contractor
shall be subject to prior claims of all persons, firms and corporations of services rendered
or materials supplied for the performance of the work called for in this contract.
' 32. Mutual Responsibility of Contractors
If, through acts of neglect on the part of the Contractor, any other Contractor or any sub-
' contractor shall suffer loss or damage on the work, the Contractor agrees to settle with
such other Contractor or subcontractor by agreement or arbitration if such other Con-
tractor or subcontractors will so settle. If such other Contractor or subcontractor shall
assert any claim against the Owner on account of any damage alleged to have been sus-
' tained, -the Owner shall notify the Contractor, who shall indemnify and save harmless the
Owner against any such claim.
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HUO-4238S(R)
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33. Separate Contract
The Contractor shall coordinate his operations with those of other Contractors. Coeperat�on
will be required in the arrangement for the storage of materials and in the detailed execu-
tion of the work. The Contractor, including his subcontractors, shall keep informed of the
progress and the detail work of other Contractors and shall notify the Architect/Engineer
immediately of lack of progress or defective workmanship on the part of other Contractors.
Failure of a contractor to keep informed of the work progressing or. the site and failure
to give notice of lack of progress or defective workmanship by others shall be construed
as acceptance by him of the status of the work as being satisfactory for proper coordination
with his own work.
34. Subcontracting
(a) The Contractor may utilize the services of specialty subcontractors on those parts of
the work which, under normal contracting practices, are performed by specialty sub-
contractors.
(b) The Contractor shall not award any work to any subcontractor without prior written
approval of the Owner, which approval will not be given until the Contractor submits
to the Owner a written statement concerning the proposed award to the subcontractor,
which statement shall contain such information as the Owner may require.
(c) The Contractor shall be as fully responsible to the Owner for the acts and omissions
of his subcontractors, and of persons either directly or indirectly employed by them,
as lie is for the acts and omissions of persons directly employed by him.
(d) The Contractor shall cause appropriate provisions to be inserted in all subcontracts
relative to the work tobind subcontractors to the Contractor by the terms of the General
Conditions and other contract documents insofar as applicable to the work of subcon-
tractors and to give the Contractor the same power as regards terminating any sub-
contract that the Owner may exercise over the Contractor under any provision of the
contract documents.
(e) Nothing contained in this contract shall create any contractual relation between any
subcontractor and the Owner.
35. Architect/Engineer's Authority '
The Architect/Engineer shall give all orders and directions contemplated under this con-
tract and specifications, relative to the execution of the work. The Architect 'En.gineer shall
determine the amount, quality, acceptability, and fitness of the several kinds of work and
materials which are to be paid for under this contract and shall decide all questions which
may arise in relation to said work and the construction thereof. The Architect/ Engineer's
estimates and decisions shall be final and conclusive, except as herein otherwise expressly
provided. In case any question shall arise between the parties hereto relative to said con-
tract or specifications, the determination or decision of the Architect/Engineer shall be a
condition precedent to the right of the Contractor to receive any money or payment for
work under this contract affected in any manner or to any extent by such question.
The Architect/Engineer shall decide the meaning and intent of any portion of the specifica-
tions and of any plans or drawings where the same may be found obscure or be in dispute.
Any differences or conflicts in regard to their work which may arise between the Contrac-
tor
under this contract and other Contractors performing work for the Owner shall be
adjusted and determined by the Architect/Engineer.
36, Stated Allowances
The Contractor shall include in his proposal the cash allowances stated in the Supplemental
General Conditions, The Contractor shall purchase the "Allowed Materials" as directed by
the Owner on the basis of the lowest and best bid of at least three competitive bids. If the
actual price for purchasing the "Allowed Materials" is ,pore or less than the "Cash Allow-
ance,'' the contract price shall be adjusted accordingly. The adjustment in. contract price
shall be made on the basis of the purchase price without additional charges for overhead,
profit, insurance or any other incidental expenses. The Cost of installation of the "Allowed
Materials" shall be included in the applicable sections of the Contract Specifications cover-
ing this work.
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37. Use of Premises and Removal of Debris
The Contract expressly'undertakes at his own expense:
(a) to take every precaution against injuries to persons or damage to property;
(b) to.store his apparatus, materials, supplies and equipment in such orderly fashion at the
site of the work as will not unduly interfere with the progress of his work or the work
of any other contractors;
(c) to place upon the work or anypart thereof only such loads as are consistent with the
safety of that portion of the work;
(d) to clean up frequently all refuse, rubbish, scrap materials, and debris caused by his
operations, to the end that at all times the site of the work shall present a neat, orderly
and workmanlike appearance;
(e) before final payment to remove all surplus material, false -work, temporary structures,
including foundations thereof, plant of any description and debris of every nature re-
sulting from his operations, and to put the site in a neat, orderly condition;
(f) to effect all cutting, fitting or patching of his work required to make the same to con-
form to the plans and specifications and,.. except with the consent of the Architect/
Engineer, not to cut or otherwise altei the work of any other Contractor,
38, Quantities of Estimate
Wherever the estimated quantities of work to be done and materials to be furnished under
this contract are shown in any of the documents including the proposal, they are giver, for
use in comparing bids and the right is especially reserved except as herein otherwise
specifically limited, to increase or diminish them as may be deemed reasonably necessary
or desirable by the Owner to complete the work contemplated by this contract, and such
increase or diminution shall in no way vitiate this contract, nor shall any such increase or
diminution give cause for claims or liability for damages,
39. Lands and Rights -of -Way
Prior to the start of construction, the Owner shall obtain all lands and rights -of -way
necessary for the carrying out and completion of work to be performed under this
contract.
40. General Guaranty
Neither the final certificate of payment nor any provision in the Contract Documents, nor
partial or entire occupancy of the premises by theOwr.er, shall constitute an acceptance of
work not done in accordance with the Contract Documents or relieve the Contractor of
liability in respect to any express warranties or responsibility for faulty materials or
workmanship. The Contractor shall remedy any defects in the work and pay for any damage
to other work resulting therefrom, which shall appear within a period of one year from the
date of final acceptance of the work unless a longer period is specified. The Owner will
-give notice of observed defects with reasonable promptness.
41. Conflicting Conditions
• Any provisions in any of the Contract Documents which may be in conflict or inconsistent
with any of the paragraphs in these General Conditions shall be void to the extent of such
conflict or inconsistency.
42. Notice and Service Thereof
Any notice to any Contractor from the Owner relative to any part of this contract shall be
' " in writing and considered delivered and the service thereof completed, when said notice is
posted, by certified or registered mail, to the said Contractor at his -last given address, or
delivered in person to the said Contractor or his authorized representative on
the work.
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MUD -42385 (R) 8-11
43. Provisions Required by Law Deemed Inserted
Each and every provfsion of law and clause required by law to be inserted in this contract
shall be deemed to be inserted he reinand the contract shall be read and enforced as though
it were included herein, and if through mistake or otherwise any such provision is not
inserted, or is not correctly inserted, then uponthe application of either party the contract
shall forthwith be physically amended to make such insertion or correction.
44. Protection of Lives and Health
it The Contractor shall exercise proper precaution at all times for the
protection of persons and property and shall be responsible for all damages
to persons or property, either on or off the site, which occur as a result
of his prosecution of the work. The safety provisions of applicable laws
and building and construction codes, in addition to specific safety and
health regulations described by Chapter XIII, Bureau of Labor Standards,
Department of Labor, Part 1518, Safety and Health Regulations for Construction,
as outlined in the Federal Register, Volume 36, No. 75, Saturday, April 17, 1971.
Title 29 - LABOR, shall be observed and the Contractor shall take or cause to
be taken, such additional safety and health measures as the Contracting
Authority may determine to be reasonably necessary."
45. Subcontracts
"The Contractor will insert in any subcontracts the Federal Labor Standards
Provisions contained heroin and such other clauses as the Department of Housing
and Urban Development may, by instructions require, and also a clause requiring
the subcontractors to include these clauses in any lower tier subcontracts
which they may enter into, together with a clause requiring this insertion
in any further subcontracts that may in turn be made."
46. Equal Employment Opportunity
During the performance of this contract the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant
for employment because of race, religion, sex, color or national origin.
The Contractor will take affirmative action to ensure that applicants
are employed, and that employees are treated during employment, without
regard to their race, religion, sex, color, or national origin. Such
action shall include, but not be limited to, the following: employment,
upgrading, demotion, or transfor; 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 advertisements for
employees placed by or on behalf of the Contractor, state that all
qualified applicants will receive consideration for employment without
regard to race, religion, sex, color, or national origin".
(3) The Contractor will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice to
be provided advising the labor union or workers' representative of the Contractor's
commitments under Section 202 of Executive Order No. 11246 of September 24, 1065, and
shall post copies of the notice in conspicuous places available to employees and appli-
cants for employment.
(4) The Contractor will comply with all provisions of Executive Order No. 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary
8-12 of Labor.
MUD -4385 19-70)
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(5) The Contractor will furnish all inform atiofi and reports required by Executive Order
No. 11246 of September,_ 24, 1965, and by the rules, regulations, and orders of the
' Secretary of Labor, or pursuant thereto, and will permit access to his books, records,
and accounts by the Department of Housing and Urban Development and the Secretary of
Labor for purposes ofinvestigationto ascertain compliance with such rules, regulations,
and orders.
(6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of
this contract or with any of such rules, regulations, or orders, this contract may be
cancelled, terminated, or suspended in whole or in part and the Contractor may be
ii declared ineligible for further Government contracts or Federally -assisted construction
t contracts, in accordance with procedures authorized in Executive Order No. 11246 of
September 24, 1965, and such,other sanctions may be imposed and remedies invoked as
provided in Executive Order: No. 11246 of September 24, 1965, or by rule, regulation,
or order of the Secretary of Labor, or as otherwise provided by law.
' (7) The Contractor will include the provisions of paragraphs (1) through (7) in every sub-
contract or purchase order •unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of Sep-
tember 24, 1965, so that such provisions will be binding upon each subcontractor or
vendor, The Contractor will take such action with respect to any subcontract or pur-
chase order as the Department of Housing and Urban Development may direct as a
means of enforcing such provisions, including sanctions for noncompliance: Provided,
however, that in the event the Contractor becomes involved in, or is threatened with,
' litigation with a subcontractor or vendor as a result of such direction by the Department
of Housing and Urban Development, the Contractor may .request the United States to
enter into such litigation to protect the interests of the United States.
' 47. Interest of Member of or Delegate to Congress
No member of or Delegate to Congress, or Resident Commissioner, shall be admitted to
any share or part of this contract or to any benefit that may arise therefrom, but this
provision shall not be construed to extend to this contract if made with a corporation for
its general benefit.
• 48. Other Prohibited Interests
No official of the Owner who is authorized in such capacity and on behalf of the Owner to
negotiate, make, accept or approve, or to take part in negotiating, making, accepting, or
approving any architectural, engineering, inspection, construction or material supply
'
contract or any subcontract in connection with the construction of the project, shall become
directly or indirectly interested personallyinthis contractor in any part hereof. No officer,
employee, architect, attorney, engineer or inspector of or for the Owner who is authorized
in such capacity and on behalf of the Owner to exercise any legislative, executive, super-
' visory or other similar functions in connection with the construction of the project, shall
become directly or indirectly interested personally in this contract or in any part thereof,
any material- supply contract, subcontract, insurance contract, or any other contract per-
taining to the project.
49. Use and Occupancy Prior to Acceptance by Owner
The Contractor agrees to the use and occupancy of a portion or unit of the project before
formal acceptance by the Owner, provided the Owner:
(a) Secures written consent of the Contractor except in the event, in the opinion of the
Architect/Engineer, the Contractor is chargeable with unwarranted delay in final
' cleanup of punch list items or other contract requirements.
(b) Secures endorsement from the insurance -carrier and consent of the surety permitting
occupancy of the building or use of the project during the remaining period of construc-
tion, or,
' (c) When the project consists of more than one building, and one of the buildings is occupied,
secures permanent fire and extended coverage insurance, including a permit to com-
plete construction. Consent of the surety must also be obtained.
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(1) The Contractor will not discriminate against any employee or applicant for employment
because of race, creed, color, or national origin. The Contractor will taxe affirmative
action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, creed, color, or national Origin. Such action
shall include, but not be limited to, the following: employment, upgrading, demotion, or
transfer: recruitment or recruitment advertising: layoff or terminattor.: 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 forththe provisions of this nondiscrimi-
nation clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by or
on behalf of the Contractor, state that all qualified applicants will receive consideration
for employment without regard to race, creed, color, or national origin.
50. Photographs of the Project
If required by the Owner, the Contractor shall furnish photographs of the project, in the
quantities and as described in the Supplemental General Conditions.
51. Suspension of Work
S''iould the Owner be prevented or enjoined from proceeding with work either before or
a:.ter 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 completionof the work will be extended to such reasonable
time as the Owner may determine will compensate for time lost by such delay with such
determination to be set forth in writing.
5Z. 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 ouch
other payroll deductions as are permitted by the applicable regula-
tions issued by the Secretary of Labor, United States Department of
Labor, pursuant to the Anti -Kickback Act hereinafter identified), the
full amount due at time of payment computed at wage rates not lees
than those contained in the wage determination decision of said
Secretary of Labor (a copy of which is attached and herein incorporated
by reference), regardless of any contractual relationship which may be
alleged to exist between the Contractor or any subcontractor and such
laborers and mechanics. All laborers and mechanics employed upon such
work shall be paid in cash, except that payment may be by check if the
employer provides or secures satisfactory facilities approved by the
Local Public Agency or Public Body for the cashing of the same without
cost or expense to the employee. For the purpose of this clause,
contributions made or costs reasonably anticipated under Section 1 (b)
(2) of the Davis -Bacon Act on behalf of laborers or mechanics are
considered wages paid to such laborers or mechanics, subject to the
provisions of Section 5.5(a)(1)(iv) of Title 29, Code of Federal
Regulations. Also for the purpose of this clause, regular contribu-
tions made or costs incurred for more than a weekly period under plans,
funds, or programs, but covering the particular weekly period, are
deemed to be constructively made or incurred during such weekly
period.
53• IIRDERPAYMENTS OF WAGES OR SALARIES
In case of underpayment of wages by the Contractor or by any
subcontractor to laborers or mechanics employed by the Contractor or
subcontractor upon the work covered by this Contract, the Local Public
Agency or Public Body in addition to such other rights as may be afford-
ed it under this Contract shall withhold from the Contractor, out of
any payments due the Contractor, so much thereof as the Local Public
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Agency or Public Body may consider necessary to pay such laborers or
mechanics the full amount of wages required by this Contract. The
amount so withheld may be disbursed by the Local Public Agency -or
Public Body, for and on account of the Contractor or the subcontractor
(as may be appropriate), to the respective laborers or mechanics to
whom the same is due or on their behalf to plans, funds, or programs
for any type of fringe benefit prescribed in the applicable wage
determination.
54. ANTICIPATED COSTS OF FRINGE n! =TS
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
t part of this Contract: Provided, however, The Secretary of Labor has
found, upon the written request of the Contractor, that the applicable
standards of the Davis -Bacon Act. have been met. The Secretary of Labor
may require the Contractor to set aside in a separate account assets
for the meeting of obligations under the plan or program. A copy of
any findings made by the Secretary of Labor in respect to fringe benefits
being provided by the Contractor must be submitted to the Local Public
' Agency or Public Body with the first payroll filed by the Contractor
subsequent to receipt of the findings.
55. OVERTD€ COMPENSATI0N REQUIRED BY CON'T'RACT WORK HOURS AIm SAFETY
STANDARDS ACT (76 Stat. 357-360: Title 40 D.S.C., Sections 327-
332)
' (a) Overtime requirements. No Contractor or subcontractor
contracting for any part of the Contract work which may require or
involve the employment of laborers or mechanics, including watchmen
' and guards, shall require or permit any laborer or mechanic in any
workweek in which he is employed on such work to work in excess of 8
hours in any calendar day or in excess of 40 hours in such work week
• unless such laborer or mechanic receives compensation at a rate not
' less than one and one-half times his basic rate of pay for all hours
worked in excess of 8 hours in any calendar day or in excess of 40 hours
in such work week, as the case may be.
I. (b) Violation: liability for unpaid wages 11 uidated 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
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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).
(o) Withholding for liquidated damages. The Local Public Agency '
or Public Body shall withhold or cause to be withheld, from any moneys
parable 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 1
the clauses set forth in paragraphs (a), (b), and (c) of this Section
and also a clause requiring the subcontractors to include these clauses
in any lower tier subcontracts which they may enter into, together with
a clause requiring this insertion in any further subcontracts that may
in turn be made.
56. LODWT OF APPRENTICES/PRAINF.ES '
$, Apprentices will be permitted to work at less than the prede-
termined
rate for the work they performed when they are em-
ployed and individually registered in a bona fide apprentice-
ship program registered with the U. S. Department of Labor,
Manpower Administration, Bureau of Apprenticeship and Training,
or with a State Apprenticeship Agency recognized by the Bureau,
or if a person is employed in his first 90 days of probationary
employment as an apprentice in such an apprenticeship program,
who is not individually registered in the program, but who has
been certified by the Bureau of Apprenticeship and Training or
a State Apprenticeship Agency (where appropriate) to be
gligible for probationary employment as an apprentice. The
allow& 1e ratio of apprentices to journeymen in any craft classi-
fication shall not be greater than the ratio permitted to the
contractor as to his entire work force under the registered
program. Any employee listed on a payroll at an apprentice
wage rate, who is not a trainee as defined in subdivision (b)
of this subparagraph or is not registered or otherwise employed
as stated above, shall be paid the wage rate determined by the
Secretary of Labor for the classification of work he actually
performed. The contractor or subcontractor will be required to
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furnish to the contracting officer or a representative of the
Wage -Hour Division of the U. S. Department of Labor written
evidence o£ the 'registration of his program and apprentices as
well as the appropriate ratios and wage rates (expressed in
percentages of the journeyman hourly rates), for the area of
construction prior to using any apprentices on the contract
work. The wage rate paid apprentices shall be not less than
' the appropriate percentage of the journeyman's rate contained
in the applicable wage determination.
b. Trainees. Except as provided in 29 CFR 5.15 trainees will not
I. be permitted to work at less than the predetermined rate for
the work performed unless they are employed pursuant to and
individually registered in a program which has received prior
' approval, evidenced by formal certification, by the U. S.
Department of Labor, Manpower Administration, Bureau of Appren-
tice and Training. The ratio of trainees to journeymen shall
not be greater than permitted under the plan approved by the
Bureau of Apprenticeship and Training. Every trainee must be
paid at{not less than the rate specified in the approved pro-
gram for his level of progress. Any employee listed on the
' payroll at a trainee rate who is not registered and partici-
pating in a training plan approved by the Bureau of Apprentice-
ship and Training shall be paid not less than the wage rate
determined by the Secretary of Labor for the classification of
work he actually performed. The contractor or subcontractor
will be required to furnish the contracting officer or a repre-
sentative of the Wage -Hour Division of the U. S. Department of
I. Labor written evidence of the certification of his program,
the registration of the trainees, and the ratios and wage
rates prescribed in that program. In the event the Bureau
of Apprenticeship and Training withdraws approval of a train-
' ing program, the contractor will no longer be permitted to
utilize trainees at less than the applicable predetermined
rate for the work performed until an acceptable program is
'approved.
c. Equal Employment Opportunity. The utilization of apprentices,
trainees and journeymen under this part shall be in conformity
' with the equal employment opportunity requirements of Executive
Order 1121+6, as amended, and 29 CFR Part 30.
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57. LOY11ET 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.
513. REGDLATIONS PURSUANT TO SO-CAIS,ED "ANTI -KICKBACK ACT" '
The Contractor shall comply with the applicable regulations (a
copy of which is attached and herein incorporated by reference) of the
Secretary of Labor, United States Department of Labor, made pursuant to
the so-called "Anti -Kickback Act" of June 13, 1934 (48 Stat. 948: 62
1Stat. 862; Title U.S.C., Section 874: and Title 40 D.S.C., Section 276c),
and any amendments or modifications thereof, shall cause appropriate
provisions to be inserted in subcontracts to insure compliance therewith
by all subcontractors subject thereto, and shall be responsible for the
submission of affidavits required by subcontractors thereunder, except
as said Secretary of Labor may specifically provide for reasonable
limitations, variations, tolerances, and exemptions from the require-
ments thereof. ,
59. EMPLOYIMNT OF LABORERS OR MECHANICS NOT LISTED IN AFORESAID WAGE
DETERPMNATION DECISION
Any class of laborers or mechanics which is not listed in the wage
determination and which is to be employed under the Contract will be
classified or reclassified conformably to the wage determination by the
Local Public Agency or Public Body, and a report of the action taken
shall be submitted by the Local Public Agency or Public Body, through
the Secretary of Housing and Urban Development, to the Secretary of
Labor, United States Department of Labor. In the event the interested
parties cannot agree on the proper classification or reclassification
of a particular class of laborers and mechanics to be used, the question
accompanied by the recommendation of the Local Public Agency or Public
Body shall be referred, through the Secretary of Housing and Urban
Development, to the Secretary of Labor for final determination.
6o. FRINGE HENEFIT5 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.
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61. POSTING WAGE DETERMINATION DECISIONS AND AUTHORIZED WAGE DEDUCTIONS
' The applicable wage poster of the Secretary of Labor, United States
Department of Labor, and the applicable wage determination decisions of
said Secretary of Labor with respect to the various classification of
' laborers and mechanics employed and to be employed upon the work covered
by this Contract, and a statement showing all deductions, if any, in
accordance with the provisions of this Contract, to be made from wages
actually earned by persons so employed or to be employed in such classi-
' fications, shall be posted at appropriate conspicuous points at the site
of the work.
' 62. COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES
No laborer or mechanic to whom the wage, salary, or other labor
standards provisions of this Contract are applicable shall be discharged
' or in any other manner discriminated against by the Contractor or any
subcontractor because such employee has filed any complaint or instituted
or caused to be instituted any proceeding or has testified or is about to
' testify in any proceeding under or relating to the labor standards appli-
cable under this Contract to his employer.
63. CLAIMS.AND DISPUTES PERTA12MTG 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
ap lication or interpretation of (a) the aforesaid Anti -Kickback Act,
(b) the Contract Work Hours and Safety Standards Act, (c) the aforesaid
' Davis -Bacon Act, (d) the regulations issued by the Secretary of Labor,
United States Department of Labor, pursuant to said Acts, or (c) the
labor standards provisions of any other pertinent Federal statute, shall
be referred, throw the Local Public Agency or Public Body and the
Secretary of Housing and Urban Development, to the Secretary of Labor,
United States Department of Labor, for said Secretary's appropriate
ruling or interpretation which shall be authoritative and may be relied
'-upon for the purposes of this Contract.
65. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND SUBCONTRACTORS
' The Contractor and each subcontractor shall prepare his payrolls
on forms satisfactory to and in accordance with instructions to be
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furnished by the Local Public Agency or Public Body. The Contractor
shall submit weekly to the Local Public Agency or Public Body two
certified copies of all payrolls of the Contractor and of the subcon-
tractors, it being understood that the Contractor shall be responsible
for the submission of copies of payrolls of all subcontractors. Each
such payroll shall contain the "Weekly Statement of Compliance" set
forth inspection 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
ouch employee, his correct classification, rate of pay (including rates
of contributions or costs anticipated of the types described in Section
1(b)(2) of the Davis -Bacon Act), daily and weekly number of hours worked,
deductions made, and actual wages paid. In addition, whenever the
Secretary of Labor has found under Section 5.5(a)(1)(iv) of Title 29,
Code of Federal Regulations, that the wages of any laborer or mechanic
include the amount of any costs reasonably anticipated in providing
benefits under a plan or program described in Section 1(b)(2)(B) of the
Davis -Bacon Act, the Contractor or subcontractor shall maintain records
which show that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible, and that the plan
or program has been communicated in writing to the laborers or mechanics
affected, and records which show the costs anticipated or the actual
cost incurred in providing such benefits. The Contractor and each
subcontractor shall make his employment records with respect to persons •
'
employed by him upon the work covered by this Contract available for
inspection by authorized representatives of the Secretary of Housing and
Urban Development, the Local Public Agency or Public Body, and the United
States Department of Labor. Such representatives shall be permitted to
interview employees of the Contractor or of any subcontractor during
working hours on the job.
66. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY EMPLOYEES
The transporting of materials and supplies to or from the site of
the Project or Program to which this Contract pertains by the 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.
67. INELIGIBLE SUBCONTRACTORS
The Contractor shall not subcontract any part of the work covered '
by this Contract or permit subcontracted work to be further subcontracted
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without the Local Public Agency's or Public Body's prior written approval
of the subcontractor. The Local Public Agency or Public Body will not
approve any subcontractor for work covered by this Contract who is at
the time ineligible under the provisions of any applicable regulations
issued by the Secretary of Labor, United States Department of Labor or
the Secretary of Housing and Urban Development, to receive an award of
such subcontract.
68. PROPISIONS TO BE LNCLUDED 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.
69• PEACE OF FOREGOIlrc FEDERAL LABOR STALIDARDS 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 o£ the work covered by this
Contract shall breach any of these Federal Labor Standards Provisions.
A breach of these Federal Labor Standards Provisicns may also be grounds
for debarment as provided by the applicable regulations issued by the
Secretary of Labor, United States Department of Labor.
70. Employment Practices
The Contractor (1) shall, to the greatest extent practicable, follow hiring anti employment
practices for work on the project which will provide newjob opportunities for the unemployed
and underemployed, and (2) shall insert or cause to he inserted the same provision in each
construction subcontract.
71• Contract Termination; Debarment
A breach of Section 15 and the Federal Labor Standards Provisions, may
be grounds for termination of the contract, and for debarment as provided
in 29 CFR 5.6.
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' ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS
SO-CALLED "ANTI -KICKBACK ACT" AND REGULATIONS PROMULGATED
PURSUANT THERETO BY THE SECRETARY OF LABOR,
UNITED STATES DEPARTMENT OF LABOR
TITLE 18. U.S.C., section 874.
(Replaces section t of the Act of June 13. 1934 (48 Stat. 948. 40 U.S.C.,
'see. 276b) pursuant to the Act of June 25. 1948.62 Stat. 862)
KICKBACKS FROM PUBLIC WORKS EMPLOYEES.
' Whoever, by force, intimidation, or threat of procuring dismiwl from employment. or by any other manner whatso.
ever induces any person employed in the con4metion. prosecution. completion nr repair of any public budding. public work,
or building or work financed in whole or in pan by loans or grants from the 1 :nited Stairs, to give up any part of the core-
pens•lion to which he is entitled under his contract of employment, shall be fined not more than £5 000 or imprisoned not
'more than five yon, or both.
SECTION 2 OF THE ACT OF JUNE 13, 1934, AS AMENDED (48 Stat. 948,62 Scat. 862.
615th. 108.72 Stat. 967.40 U.S.C., sec. 276c)
' The Secretary of Labor shall make reasonable regulations for contractors and subcontractor? engaged in the ennctruetion.
proaecurion, eumplrtinn or repair of public buildings. public works or buildings or works financed in whole or in pan by loans
or grants from the United States, including • pmn•ron 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 Stairs Code) shall
apply to such statements.
'-xxx---
Pursuant to the aforesaid .Anti. Kickback Art. Ike Secretary of Labor. United States Department of Labor. has promul.
gated the regulations hereinafter set fnnh, which meolatems am found in Title 29. Subtitle A. Code of Federal Krgulatiem,
Pan 3. The term "thi• pan, "ace used in the regulations hereinafter set forth, refers to Pan 3 last above mentioned. Said mg.
options are as follows:
• TITLE 29 —LABOR
Subtitle A — Office of the Secretary of Labor
PART 3 —CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR PUBLIC WORK FINANCED IN
' WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES
Section 3.1 Ptupose and scope.
— This pan prescribe. "antiAickback' regulations tinder section 2 of the Art of June 13, 1934. as amended (40 U.S.C.
'
276c). popularly known as the Copeland Act. This pan applies to any contract which is subject to Federal wage standards
and which is (or the construction. prosecution. completion, or repair of public buildings, public works or buildings or works
fmaneed in whole or in pan by loans or grants from the United Suers. The pan is intended to aid in the enforcement of the
minimum wage provisions of the Davir8accn Act and the various statutes dealing with Federally+muted construction that
contain similar minimum wage provisions. including those provisions which are not subject to Reorganisation Plan No. 14
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(e4.. the College Housing Act of 1950, the Federal Water Pollution Control Act, and the Housing Act of 1959). and in the .'
enforcement of the ovirtime previsions of the Contract Work Hours Standards Act whenever they an applicable to construction
work. The part details the obligation of contractors and subcontractors relative to the weekly submision of statements "lard-
ing the wages paid on work covered therebv; sets forth the circumstances and procedures governing the making of pa. fell de.
duct on. from the wages of those employed on such work; and delineates the methods of payment permissible on such work.
Section 3.2 Definitions.
As used in the regulations in this part:
(a) The tern. "building" or "work"generally include construction activity as distinguished from manufacturing,
furnishing of materials, or .rncing and maintenance work. The terms include, without limitation, buildings, drocturts. and
improvement. of all type., such u bridges, dam., plants. highways, parkways. streets. subways. tunnels, seven, main&, power.
line., pumping stations, railways, airports. terminate, docks. piers, whaAea. ways. lighthouses, buoys,yettie.. breakwaters.
levee., and canals. dredging, shonng, scaffolding. drilling, blasting, eaeaating, clearing, and landscaping. Uniess conducted in
connection with and at the ate of such a building or work as is described in the foregoing sentence, the manufacture or furnish-
ing of materials, articlea, supplies, or equipment (whether or not a Federal or State agency acquires title to such materials.
articles, supplies, or equipment dung the course of the manufacture or furnishing, or owns the material. from which they an
manufactured or fumiahed) snot a "building" or 'work" within the meaning of the regulations in this part.
(b) The terms "construction." "prosecution.""completion,"or "repair" mean all types of work done on a particular
building or work at the site thereof, including. without limitation. altering.remodeling. painting and decorating, the transport-
ing of materials and supplies to or from the building or work b) the employee. of the construction contractor or construction
subcontractor, and the manufacturing or furni.hsng of materials. arurles, supplies, or equipment on the ate of the building or
work, by persons employed at the ate by the contractor or subcontractor.
(c) The tens "public budding"or "public work"include building or work for whoa construction, prosecution, cons-
pktion, or repair, as defined above, a Feder) agency is a contracting party, regardless of whether title thereof is in a Federal
agency.
(d) The term "building or work financed in whole or in part b loans or grants from the United States" includes build.
ing or work for whose construction, prosecution. completion. or repair, as defined above. payment or part payment u made
directy Cr indirectly from funds provided by loans or Rants by a Federal agency. The term does not include building or work
for which Federal assistance is limited solely to loan guarantees or insurance.
(e) Every person paid by a contractor or subcontractor in any manner for his labor in the construction, prosecution.
completion, or repair of a public building or public work or building or work financed in whole or in pan by loans or grants
from the United States is "employed" and receiving "wages,"regardless of any contractual relationship alleged to exist between
him and the real employer.
(f) The term "any affiliated person"includes a spouse, child. parent, or other close relative of the contractoror sub
contr.ctoc a partner or officer of the contractor or subcontractor a corporation closely connected with the contractor or
subcontractor as parent, subsidiary or otherwise, and an officer or agent of such corporation.
(g) The term "Federal agency" means the United State, the District of Columbia, and all executive departments. in
dependent establishments, administrative agencies, and instrumentalities of the United Suits and of the District of Columbia,
including corporations, all or substantially all of the dock of which is beneficially owned by the United States, by the District
of Columbia, or any of the foregoing departments, eaublishments, agencies, and instrumentalities. '
Section 3.3 Weekly statement with respect to payment of wages.
(a) As used in this section, the term "employee" dull not apply to persons in clarifications higher than that of laborer
or mechanic and those who are the immediate .upervifer of such employes,
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(b) Fab tontraesoror a,beontraclor engaged in the construction. prosecution, completion, or repair of any public
building or public work. or building or work (ianerd in wink or in part Lr loan: or gouts [ruin the 1'uited?tile:, hull
fumil, each week a.tatemon will, re -pert to the wages pall each of ilc rnqlo) en enpaeed on work covered by e,_9 CFR
Pats and a donne the prcadmg weekly payroll period. This slatrn,enrt .Lail he exrnrted br list contractor no mLnn,.
tractor or by an autlwriecd officer or employer of the contractor car c,ibenntractnr w he supervke# lie payment of wage+, and
aliall be on fain, l\'ft 3.10. •'Statemrrd of Con' 'hue'. or oit an idr,ninI funs in, 'lie back of WI 317, "Ira, Poll (For foil.
tractors Optional tie)' or on any form with identical wording. ;amide Collins of IN 411 and Wit 348 may be ot,4iurd from
the Government conaractingor rymnwring Agency. and Copies of thrr forms nay lit purclusrd at the Guvttmneul Printing
Office.
• A
(e) The requ'vrnhenls of Ilia section shall not apply to any contract of 52,000 or less.
(d) Upon a written finding by the head of a Federal agency, II,. Secretary of Labor may provide reasonable limitations,
variations, tolrranees, and rsrmptions from the reg4iremenls of tliic section subject to Stich conditions u the Serrvtary of
Labor may specify.
(Y9 F.R. 95, Jam S. 1964, as amended at 33 F.R. 101116, July 17,104.01 i .
Section 3.4 Submission of weekly statements and the preservation and inspection of weekly payroll records.
- (a) Each weekly statement required under § 3.3 shall be delis reed by Ibe contractor or Subruiurartor, within seven
days after the regular ravment dale of (hit payroll period. to a rcprr+wati ve of a Federal or State a. -nn in elvr;r at tire
site of lire Lnilding or work, or, if Ihene is no rcprrselnalivc of a Frdrral or State a^rncy at (lea site of' lie huildirg or work,
tire ltalemwn I .hall Ire nulled Ly the contractor or snhcoulraelor, wit l i in such lime, to a Federal or Stair agrucy contrmiine
for or (inawing the building, or wort. A [ter such ra amivation ar,d vLr rk as nor I.e made such at alror rot, or a rqn ILrrrn I.
shall be kept available, or shall be transmitted t.get6er with a report of any violation, in accordance will, appliralde procedures
prescribed by the United State; I)epartmeol of Labor.
(b) Each contractor or subcontractor shall prrservr his week lv loyroll records for a period of hirer yeary [mm dale of
tennpiriiun of lire contract. ilea• payroll rrrnrd+.hall set out a'cmra l Cly and mmpl. t -Iv the name and addo-s< of ca.!, Woofer
_ - and mechanic. bis cones -I rlaaifieation, rate of pay, daily and weeLk number of Lours w urked. deduct itin' made, and acbral
"' wage, paid. Stmt payroll neurd: shalt be made availaldr at all limes for inspeclion b) tire contracting officer or hilt artlonized
• represent.tive. and I., authorized rcprrsrnulivn of the Department of Lal,cr,
Section 345 Payroll deductions permissible without application to or approval of tha Secretary of Labor.
Deductions made order the eircumslancea or in the situations described in the paragraphs of this Section may he made
without application to and approval of the Secretary of Labor:
(a) Any deduction made in compliance with the rryulrcmrnts of Federal. State, or local law, such as Federal or State
withholding income faxes and Federal social Security taxes.
(b) Any deduction of urns previonely paid to the employ cc it a Iona fide prr pavmmnt of wages when, such prepayment
is made witmnl di -count or mtrrest, A "hone fide prepayment of wares" is considered to have been nude only w Len. Ca-li or
it. equivalent ba beer, advanced to the person em plovcrt in unit mninet as to give turn complete freedom of dispo.i Iiun of ❑w
advanced funds.
(c) An) deduction of amotinh required by court process to be paid Io another, unless the deduction is in favor of the
emdrattor, subcontractor or au affiliated pemn. or when collation or collaboration exists.
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(d) Any deduction constituting a contribution on behalf of the person employed to funds established by the employer
of repraentativn of employees. or both, for the propose of prodding either from principal or income. or both, medical or
hospital care, pension& or annuities on retirement, death benefits, compensation for mjunn, dlness. accidents, sic knee, or
disabt1ity, or for insurance to provide any of the foregoing, or unemployment benefits. vacation pay, savings accounts, or
imilar payments for the benefit of employers, their families and dependents: horded. however. That the following standards
we mel: (1) The deduction is not otherwise prohibited by law; (2) it a either: (i) Voluntarily consented to by the employ"
in westing and in advance of the period in which the work n to be done and such consent is not a condition either for the
obtaining of or for the continuation of employment. or (ii) provided for in a bona fide collective bargaining agreement be-
tween the contractor or subcontractor and representatives of its employers. (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 were the convenience and interest of the employee.
(e) Any deduction contributing toward the purchase of United States Defense Stamps and Bond. when voluntarily
tuthorieed by the employee.
(f) Any deduction requested by the emplmee to enable him to repay loans to or to purchase shares in credit unions
organized and operated in accordance with Federal and State credit union statutes.
(g) Any deduction voluntarily autlorred by the employee (or the making of contributions to governmental or quasi.
gaemmentsl agencies, such a the Amencan Red Cro,s
(h) Any deduction voluntarih aothonted by the employee for the making of contributions to Community Chests,
United Covers Funds, and almaliar charitable organization.
(i) Any deductions to pay regular union initiation ten and membership dun, not including fines or special asrsstnents:
Aouided, however, That a collective bargaining agreement between the contractor or subcontractor and representatives of its
employees provides for such deductions and the deductions are not otherwise prohibited by 6w.
(J) Any deduction not more than for the "rra,nnal.l. cost"of Loud. fudging. or other farsbtie nseeting the require-
rents of section 3(m) of the Far Labor Standard. Art of 19.18. a. amended. and part 531 of this title. P hen such a deduction
is made the additional records required undo § 51627 (a) of thee title shall be kept.
Section 3.6 Payroll deductions permissible with the approval of the Secretary of Labor.
Any contractor or subcontractor may apply to the Secretary of labor for pnmsvion to make any deduction not per-
mitted under § 35. The Secretary may grant permi.raon whenever he finds that.
(a) The contractor, subcontractor, or any affiliated person don not make a profit or benefit directly or indirectly (mm
the deduction either in the form of a commission, dividend, or otherwise;
(b) The deduction in not otherwise prohibited by law;
(c) Ti.e deduction is either (I) voluntarily consented to by the employee in writing and in advance of the period in which
the work is to be done and such consent it 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 representative, of its
employees; and
(d) The deduction roes the convenience and interest of the employee.
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Section 3.7 Applications for the approval of tie Secretary of Labor.
Any application for the mailing of payroll deductions under § 3.6 slull comply with the requimmaits prc crib d in the
following paraoerapbs of this section:
(a) The application shall be in writing and shall be eddrrsred to like Secretary of labor..
(b) The application shall identify the contractor contracts under which the work in question is to lie performed. Per-
musion will be given for deductions only on specific, identified eon ors cos, except upon a showing of exceptional eircwnsnnen.
(c) The application shall at ate affinnaticdv that them is compliance wilh the standards r) forth in the provisions of
6 3.6. The affirmation shall be accompanied by a full statement of the facts indicating such compliance.
(d) The application shall include a dersiptiori of the proposed deduction, the purpose to be served thereby. and the
dams of laboren or mechanics from whose wages the proposed deduction would be made.
(e) The application shall at ate the name and business of any third person to whom any funds obtained from the pro•
posted deductions see to be tnnsrnitted used the affiliation of such person, if any, with the applicant.
Section 3.8 Action by the Secretary of Labor upon applications.
The Secretary of Labor shall decide whether or not the requested deduction u permisible 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 fur by this part and which are not found to be permissible under § 3.6 an prohibit d.
Section 3.10 Methods of payment of wages.
The payment of wages shall be by cash, nerotiable instruments payable on demand, or the additional forms of compcnsa
Lion for which deductions are permissible under this part. No other methods of payment shall be reeugnind on work snhjcct
to the Copeland Act.
Section 3.11 Regulations put of contract.
AU contracts made with rrspecs'to the construction. prosecution, completion, or repair of any public buildiup or public
work or building or work financed in whole or in pan by loans or grants from the United States covered by the regulations in
this part doll ea presly bind sloe contactor or subcontractor to comply 'situ such of the regulations in this pall as may be ap-
plicable. In this regard, we § 5.5 (a) of this suhtillr.
` HUD LI?38-S(R)
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Subject
Index of General Conditions
Section Subject
Accident Prevention....,...............
Additional Bond ..........................
Additional Instructions ................
y� Allowances .................. ......1.......
F Anti -Kickback Act ......................
Apprentices...........111.0...............
Architect's Authority ..................
Assignments ..............................
Bond, Security.1.1.1.....................
Bond, Security, additional............
Changes in :York ........................
Claims for Extra Cost .................
Completion time .........................
Conclaints, Proceedings or Testimony
Condition, Subsurface..................
Conflicting Conditions ... 1...... 1......
Construction Schedule .... I........ 0000
Contract Document:....................
Contract Secur:t•:.......................
Contractor's Insurance ................
Contract Termination..................
Contractor's Mutual Responsibility
Contractor's ObU atons..... 1..1.....
Claims and Disputes ,. 1 ..............
Controcto-'s Title to Materials.....
Classifications Not Listed ,,,......,,
Correction of Rork ................ 1....
Damages, Liquidated...................
Data, Reports and Reroris ..........
Debarment Breach of Labor Standards
Debris Removal .........................
Defi niti or.s ........ I... I ...................
Detail Drawings 0.......000 ..............
Different Subsurface ...................
Discrimination:, employment.........
Drawings detail..........................
Emergencies .............................
Employment Practices ...........
Equal Employment Opportunity...
Estimated Quantities..............,....
Extras ......................................
, Finai Payment ...........................
Guaranty, general.......................
Inspection ................. 0...............
Inspection. of Materials ................
Insurance ............... ...................
Lands and Rights -of -Way.............
Legal Provisions, Implied............
Liquidated damages ....................
Mate rials..................................
Member of Congress...................
Minimum Wages .........................
Non-discrimination in Employment
44
30
3
36
58•
56.
35
31
29
30
I?
22
19
62.
21
41
24
1
29
28
71.
32
i1
63.
6
59.
20
19
15
69.
37
2
3
21
46
3
13
70.
46
38
18
26
40
14
7
28
39
43
19
47
52
46
Notice and Service .............r........
Obligations of Contractor .............
''Cr Equal" Clause .................0000.
Overtime Compensation .......:.......
Owner's right to terminate ...........
Patents 0000 .................0.4...60........
Payment of Employees ............ ..1
Payments by Contractor.......... ...
Payments to Contractor ...............
Payrolls and Records
Periodic Estimates .....................
Permits, Surveys, Regulations 0000..
Photographs... ..........
..................
Posting Minimum wage rates........
Prohibited Interests ....................
Protection of lives and health........
# Protection of work, property.........
Provisions required by law,........
Quantities of Estimate ..................
Questions Concerning Regulations.,,,,
Release of Contractor..................
Removal of Debris ........1....1.1..1...
Reports, Records and Data...........
Responsibility of contractor..........
Right of Owner to terminate..........
Rights-of-lVay............................
Schedule of Construction.. .....
Security ........1.......1...1..1............
Separate contracts ......................
Services, materials, facilities.......
Shoo Dra µnines ............................
Section
Specific Coverage,,,,,,,,,,,,,,,,,,,,,,,,,
Stated Allowances .......................
Subcontracting ....................... 34
Subcontractor's Insurance............
Subcontractors Ineligible ..............
Substitute Bond.....,.....................
Subsurface conditions ..................
Superintendence by contractor.......
Surveys, permits ........................
Suspension of work .................••... Termination of contract I.........
Testing of Materials ....................
Time for completion ....................
Title to materials 00.0......0............
Use and Occupancy......................
Use of Premises .........................
Underpayments of Wares.................
W ages, Minimum ........................
Wage Underpayments,..................
Weather Conditions .....................
Withholding of Payments ..............
42
11
8
55.
23
52
27
25
65•
24
10
50
61.
48
44
13
43
38
64.
26
37
15
32
23
39
24
29
33
4
66.
36
and 45
28
67.
30
21
16
10
51
and 71
7
19
6
49
37
53
52
53
12.
53
*
Anticicated
Fringe Benefits.........
54
a
Employment
Prohitited....111,.... 1.,
57
Fringe Benefits Not Exrressed....... 60
x- Provisions to be Included....,....,. 68
** Attachment to Federal Labor Standards Provisions
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HUD -42385 (R)
8-27
U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
SUPPLEMENTAL GENERAL CONDITIONS
1. Enumeration of Plans, Specifications and Addenda
2. Stated Allowances
3. Special Hazards
4. Public Liability and Property Damage Insurance
5. Photographs of Project
HUD -u23$ -N (R)
(9-66)
6. Schedule of Minimum Hourly Wage Rates
7. Builder's Risk Insurance
8. Special Equal Opportunity Provisions
9. Certification of Compliance with Air and Water Acts
10. Special Conditions Pertaining to Hazards Safety Standards and Accident
Prevention
11. 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. Danger Signals and Safety Devices
J. Sanitary Conveniences
K. Privileges of Contractors in Streets
L. Sunday, Holiday and Night Work
M. Owner's and Engineer's Protective Liability Insurance
1. ENUMERATION OF PLANS, SPECIFICATIONS AND ADDENDA
Following are the Plans, Specifications and Addenda which form a part of this contract, as set forth in
Paragraph 1 of the General Conditions, "Contract and Contract Documents":
DRAWINGS '
General Construction: Nos. Sheets 1-10 '
Heating and Ventilating: "
Plumbing:
Electrical: "
to
SPECIFICA TIONS:
General Construction: Page 17-1 to 17-25 incl.'
Heating and Ventilating: " to fncl.
Plumbing: " to , incl.
Electrical: " to , incl. '
" to , incl.
" to incl. ,
ADDENDA:
No. Date No. Date
tio. Date No. Date
2. STATED ALLOWANCES — NONE.
Pursuant to paragraph 36 of the General Conditions, the contractor shall include the following cash '
allowances in his proposal:
(a) For (Page of Specifications) $ '
(b) For (Page _ of Specifications) $
(c) For (Page of Specifications) $ '
(d) For (Page of Specifications) $
(e) For (Page of Specifications) $
(f) For (Page of Specifications) $ 8-29 '
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3. SPECIAL HAZARDS
The Contractor's and his Sub opfiactor's Public Liability and Property Damage Insurance shall provide
adequate protection against the following special hazards:
Blasting.
4. CONTRACTOR'S AND SUBCONTRACTOR'S PUBLIC LIABILITY, VEHICLE LIABILITY,
AND PROPERTY DAMAGE INSURANCE
SEE NOTE BELOW.
As required under paragraph 28 of the General Conditions, the Contractor's Public Liability Insur-
ance and Vehicle Liability Insurance shall he in an amount not less than $ 500,000.00 for in-
juries, including accidental death, to any one person, and subject to the sane limit for each
person, in an amount not less than $ `1,000.000.0O,n account of one accident, and Contractor's
Property Damage Insurance in an amount not less than $ 200.000.00
The Contractor shall either (1) require each of his subcontractors to procure and to maintain during the
life of his subcontract, Subcontractor's Public Liability and Property Damage of the type and in the
same amounts as specified in the preceding paragraph, ^r (2) insure the activities of his subcontractors
in his own policy. .I -
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 ,111NIMU1f HOURLY WAGE RATES AS RE-
QUIRED UNDER PARAGRAPH 52 OF THE GENERAL CONDITIONS
A federal wage determination and a state wage decision are
included in these specifications, beginning on page 4-1.
7. BUILDER'S RISK INSURANCE - ALL RISK INSTALLATION FLOATER
As provided in the General Conditions. pnraeranh 28(e), the Contractor will maintutn
arilder's Risk Insurance (fire and extended cnvr rage) on it loo percent rompleted value basis on
the Insurable portions of the project Cor the benefit, of the Owner, the Contractor, and all sub—
contractors, as their interests may appear.
An all-risk installation floater policy shall be maintained by the Contractor
until the project is completed and accepted by the Owner. Written evidence
of this insurance shall be submitted to the Owner.
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8. SPECIAL EQUAL OPPORTUNITY PROVISIONS
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A. Activities and Contracts Not Subject to Executive Order 112)6, as Amended
(Applicable to Federally assisted construction contracts and related
subcontracts under $10,000)
During the performance of this contract, the contractor agrees as follows:
(1) The Contractor shall not discriminate against any employee or applicant
for employment because of race, color, religion, sex, or national origin.
The Contractor shall take affirmative action to ensure that applicants for
employment are.employed, and that employees are treated during employment,
without regard to their race, color, religion, sex, or national origin.
Such action shall include, but not be limited to, the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship.
(2) The Contractor shall post in conspicuous places, available to employees
and applicants for employment, notices to be provided by Contracting Officer
setting forth the provisions of this nondiscrimination clause. The
Contractor shall state that all qualified applicants will receive considera-
tion for employment without regard to race, color, religion, sex, or national
origin.
(3) Contractors shall incorporate foregoing requirements in all subcontracts.
B. Contracts Subject to Executive Order 112)6, as Amended
(Applicable to Federally assisted construction contracts and related subcon-
tracts exceeding $10,000)
During the performance of this contract, the contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant
for employment because of race, color, religion, sex, or national origin.
The Contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard
to their race, color, religion, sex, or national origin. Such action shall
include, but not be limited to, the following: employment, upgrading,
demotion, or transfer, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection
for training, including apprenticeship. The Contractor agrees to post in
conspicuous places, available to employees and applicants for employment,
notices to be provided by the contracting officer setting forth the pro-
visions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees
placed by or on behalf of the Contractor, state that all qualified appli-
cants will receive consideration for employment without regard to race,
color, religion, sex, or national origin.
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8-31
(;) The Contractor will send to each labor union or representative of workers
with which he has a collective bargaining agreement or other contract or
understanding, a notice to be provided by the Contract Compliance Officer
advising the said labor union or workers' representatives of the Contrac-
tor's commitment under this section and shall post copies of the notice
in conspicuous places available to employees and applicants for employment.
(4) The Contractor will comply with all provisions of Executive Order 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 11246 of September 21, 1965, and by the rules, regulations,
and orders of the Secretary of Labor, or pursuant thereto, and will permit
access to his books, records, and accounts by the Department and the
Secretary of Labor for purposes of investigation to ascertain compliance
with such rules, regulations, and orders.
(6) In the event of the contractor's noncompliance with the nondiscrimination
clauses of this contract, or with any of such rules, regulations, or orders,
this contract may be canceled, terminated or suspended in whole or in part,
and the Contractor may be declared ineligible for further Government con-
tracts or federally assisted construction contract procedures authorized
in Executive Order 11246 of September 24, 1965, or by rule, regulation, or
order of the Secretary of Labor, or as otherwise provided by law.
(7) The Contractor will include the portion of the sentence immediately pre-
ceding paragraph (1) and the provisions of paragraph (1) through (7) in
every subcontract or purchase order unless exempted by, rules, regulations,
or orders of the Secretary of Labor issued pursuant to Section 204 of
Executive Order 11246 of September 24, 1965, so that such provisions will
be binding upon each subcontractor or vendor. The Contractor will take
such action with respect to any subcontract or purchase order as the
Department may direct as a means of enforcing such provisions, including
sanctions for noncompliance: Provided, however, that in the event a
Contractor becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by the Department,
the Contractor may request the United States to enter into such litigation
to protect the interest of the United States.
C. Hometown or Imposed Plans
In areas where a hometown plan or imposed plan is operative, the Community
Development Block Grant Recipient must contact the appropriate HUD Equal
Opportunity Office for specific instructions.
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D. "Section omrn,.iance-in the Provision of -Training, Emulo;mient and Business
0DD0rtunities:
During the performance of this contract, the contractor agrees as follows:
(1) The contractor agrees to comply with the requirements of Section 3 of the
Housing and Urban Development Act of 1968 (12 USC 170(u), as amended, the
HUD regulations issued pursuant thereto at 211 CFR Part 135, and any appli-
cable r las and orders of HUD issued thereunder.
(2) The "Section 3 clause" set forth in 214 CFR 135.20(b) shall form part of
this contract, as set forth in Paragraph 1 of the General Conditions,
"Contract and Contract Documents".
(3) Contractors shall incorporate the "Section 3 clause" shown below and the
foregoing requirements in all subcontracts.
Section 3 Clause as Set Forth in 211 CFR 135.20(b)
A. The work to be performed tinder
this contract is on a project anatstsd un- D. The contractor will Include this
' der a 'program nrldtng dlrci r'^dLrai section 3 clause in every subcontract for
tnanclal=a,lstar.co from the Depart- work In connection with the project and
ment of Hoitsing and tartan Develop- will, at the direction of the applicant
ment and Is subject to the requirements for or redolent of Federal financial ea -
of section 3 of the Housing and urban afstance, take appropriate action ➢uriu-
' Development Act of 108, as amended. 12 ant to the subcontract upon a finding
U.S.C. 1701u. section 3 requires that to that the subcontractor h 1n violation of
the greatest extent fen,ibin opportunl- regulations f=sued by the secretary of
ties for training and employment he Housing and Urban Development, 24
given lower Income resldonts of the CFR The contractor will not sub-
contract with a
project trx and ccntracta for work In It has nazi^e or knowledge that the latter
to buain0,s coneutrs which ara iooa4d has been found in violation of egule-
in, or owned in nutatantial ➢:1t by per- taons under 24 CFR -- and will not
sons raiding in the area of the Project, let any subcontract unless the subcon-
' B. The nartles to this contract will tractor has tem Provided o a ply
comply with the provl!lons of said tee- withluminary statement n ability these comply
tlon 3 and the regulations tzsued pursu- MUo the requirements of reeu-
ant thereto by the secretary of Housing la E. C
and Urban Devejonment set forth in 24 ct Compliance with the provisions of
CFR end all anpllcable rules and mectlon 3. the rd all applicable
set forth In 24
orders of the Derartrnent Issued there- CFR • rd ell Department et issued
rules and
under prior to the execution of this con- orders priorf the eexecution
issued there-
under The partl•s ti this contract certify undertrabe o condition oioof the the l
and agree that they are under no con- finan, a is aassistance
roied Federalproj
' . tractual or other disability which would ect. bindiol ng upon the provided to t the rprot-
ect, for sungch
upon applicant leant coc ssors,
prevent them from complying with these lent for such assistance, its successors,
requirements, and assigns. Failure to fulfill these re -
C. The contractor will send to each la- quirements shall subject the applicant or
bar org+nization nr reprezentative of _ - recipient, its contractors and subcontrac-
workers with whfzh he has a collective tors, Its successors, and assigns to those
bargaining agreement or other contract sanctions specified by the grant or loan
or understanding. If any, a notice advis- agreement or contract through which
Ing the said la`or araanlzatlon or work- Federal assistance 1s Provided, and to
ersrenresental lve of his commitments much sanctions as are specified by 24
under this section 3 clause end shall post CFR —.138.
copies of the notice In conspicuous places
available to employees and applicants for
employment or training.
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9, CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS
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(Applicable to Federally assisted construction contracts and related
subcontracts exceeding $100,000)
Compliance with Air and Water Acts
During the performance of this contract, the contractor and all subcon-
tractors shall comply with the requirements of the Clean Air Act, as amended,
42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended,
33 USC 1251 et seq., and the regulations of the Environmental Protection
Agency with respect thereto, at 140 CFR Part 15, as amended.
In addition to the foregoing requirements, all nonexempt contractors and
subcontractors shall furnish to the owner, the following:
(1) A stipulation by the Contractor or subcontractors, that any facility
to be utilized in the performance of any nonexempt contract or sub-
contract, is not listed on the List of Violating Facilities issued by
the Environmental Protection Agency (EPA) pursuant to 140 CFR 15.20.
(2) Agreement by the contractor to comply with all the requirements of
Section 1114 of the Clean Air.Act, as amended, (142 USC 1857c-8) and
Section 308 of the Federal Water Pollution Control Act, as amended,
(33 USC 1318) relating to inspection, monitoring, entry, reports and
information, as well as all other requirements specified in said
Section 114. and Section 308, and all regulations and guidelines issued
thereunder.
(3) A stipulation that as a condition for the award of the contract, prompt
notice will be given of any notification received from the Director,
Office of Federal Activities, EPA, indicating that a facility utilized,
or to be utilized for the contract, is under consideration to be listed
on the EPA List of Violating Facilities.
(4) Agreement by the Contractor that he will include, or cause to be included,
the criteria and requirements in paragraph (1) through (4) of this
section in every nonexempt subcontract and requiring that the Contractor
will take such action as the Government may direct as a means of enforcing
such provisions.
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' 10. SPECIAL CONDITIONS
A. DEFINITIONS
I
In addition to the.Definitions as given in Section 2 of the General Con-
ditions, whenever the words herein defined, or pronouns used in their
stead, occur in this contract and documents, they shall have and are
mutually understood to have the meanings herein given.
' The words "Community Development Program," or "Community Development Block
Grant Program" shall mean the governmental unit responsible for adminis-
tering the Community Development Program in the City of Fayetteville,
' Arkansas. The word "Director" shall mean the director of the Community
Development Program.
' The word "Owner" shall mean the City of Fayetteville, Arkansas: The ward
"City" shall mean the City of Fayetteville, Arkansas, under whose auspices
this work is being done.
The word "Mayor" shall mean the Mayor of the City of Fayetteville. The
words "Board of Directors" shall mean the Board of Directors of the City
of Fayetteville, the governing body of said city. The words "City Clerk"
' shall mean the City Clerk of the City of Fayetteville, Arkansas. The
words "City Engineer" shall mean the City Engineer of the City of
Fayetteville. The words "Water Superintendent" shall mean the Water
Superintendent of the City of Fayetteville, Arkansas.
' The word "Engineer" shall mean McGoodwin, Williams and Yates, Inc., Consulting
Engineers, Fayetteville, Arkansas, who have been employed by the Owner for
' this work, or their duly authorized agents.
The word "Inspector" shall mean the engineering or technical inspector or
inspectors duly authorized by the Engineer, limiting to the particular
' duties entrusted to him or them.
The words "Bid" or "Proposal" are used interchangeably in these specifi-
cations, and shall mean the documents provided in these specifications for
' submission of bids by contractors bidding on the work.
Wherever the letters "ASTM" are used, they shall mean the American Society
for Testing Materials. The letters "AWWA" shall mean the American Water
'
Works Association. The letters "AASHO" shall mean the American Association
of State Highway Officials. The letters "NEMA" shall mean the National
Electrical Manufacturers Association.
When the words "as ordered," "as directed," "as permitted," "as allowed,"
or words or phrases of like import are used, they shall be understood to
mean that the order, direction, requirements, permission or allowance of
' the Owner and Engineer is intended.
Similarly the words "approved," "reasonable," "suitable," "acceptable,"
' "properly," "satisfactory," or words of like effect and import, unless
otherwise particularly specified herein, shall mean approved, reasonable,
suitable, acceptable, proper, or satisfactory in the judgment of the Owner
and Engineer.
B. SCOPE, NATURE, AND INTENT OF CONTRACT, SPECIFICATIONS AND PLANS
The said specifications and plans are intended to supplement, but not
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necessarily duplicate each other, and together constitute one complete set
of specifications and plans, so that any work exhibited in the one and not
Pin 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 SCHEDULES
The Contractor is required to check all dimensions and quantities on the
plans and schedules given to him by the Engineer, and shall notify the
' Engineer of any discrepancy between the plans and the conditions on the
ground, or any error or omissions in the plans, or in the layout as given
by stakes, points, or instructions, which he may discover in the course of
' the work. The Contractor will not be allowed to take advantage of any
error or omission in the plans or contract documents, as full instructions
will be furnished by the Engineer should error or omission be discovered,
' and the Contractor shall carry out such instructions as if originally
specified.
E. STAKING THE WORK
'
The work to be done will be staked out by the Engineer, and the Contractor
shall be required to conform to the stakes as set by the Engineer, and to
' carefully preserve all stakes.
F. INSPECTION
As set out in Section 14 of the General Conditions, the project shall at
all times be subject to inspection by representatives of the Department of
Housing and Urban Development. Access and 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
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of an Inspector. NO CONCRETE SHALL BE POURED UNLESS AN INSPECTOR IS
PRESENT. The Contractor shall notify the Engineer at least twenty-four
' hours in advance before concrete is to be poured. It shall be the duty
of the Contractor to notify the Engineer in advance of the beginning of
work after delays, shutdowns, change of work progress or change of
' location.
The failure or neglect on the part of the Engineer or the Inspector to
inspect, condemn or reject inferior materials or work shall not be con-
' strued to imply an acceptance of the same should inferiority become
evident at any time prior to the final acceptance of the work by the
Owner, or within the time limit of one year as set out in Section 40 of
' the General Conditions.
The Engineer does not guarantee the performance of the contract by the
Contractor, nor shall his inspection be construed as supervision of actual
construction, nor make him responsible for providing a safe place for the
performance of the work by the Contractor, or the Contractor's employees,
or those of the suppliers, his subcontractors, nor for access, visits, use,
work, travel or occupance by any person, as these responsibilities are
• covered under the provisions of this contract, the Contractor's insurance
and performance bond, and are not the responsibility of the Engineer.
Where the provisions of safety, in any of its categories, are not being
observed, and this condition comes to the attention of the Engineer or
his representatives, the Engineer may require standard safety procedures
to be initiated, but the requirement of these procedures does not constitute
a guarantee by the Engineer as to their adequacy or the safety of the public.
Where plants, buildings, or mass movement of earth is being undertaken,
' the Engineer will set such control lines and basic elevations as are
required for the Contractor to make such unit or plant layouts as are
required. When work is undertaken which requires a constant or generally
' intermittent checking of lines and elevations, the Contractor shall main-
tain such equipment and personnel as are essential to the actual prosecution
of the work. In these instances, the final grades, alignment and dimensions
I. are subject to the checking of the Engineer.
G. PROTECTION OF PUBLIC UTILITIES
' The Contractor shall give reasonable notice to the owners of steam, gas,
water, sewer and other pipe lines or conduits, overhead and underground
wires or other structures, either public or private, railroads and other
' owners of property, when such property is liable to injury or damage by
reason of the execution of the work, in order that the owner or owners
of such utility or other property may remove or protect the same.
' If any owner or owners of public utilities liable to be affected, endangered
or damaged by the construction of the work does not protect its or their
property, then the Contractor must do so. The Contractor shall receive no
' compensation over the unit and lump sum prices specified in the bid for
the completion of this contract, which prices shall cover every item of
additional cost for all the material and labor necessary to support,
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protect, or remove such tracks, pipes, conduits, overhead and underground
wires, and structures, and other improvements, during the construction of
said work across, under, over, along or near the same.
The Contractor shall satisfactorily shore, support, and protect any and all
pipes, sewers and other structures, and shall be responsible for any damage
resulting thereto. The Contractor shall not be entitled to any damages or
extra pay on account of any postponement, interference, or delay caused by
such structures being on the line of the work, whether or not such st-ructures
are shown;'6n;:;itie=pl'an's:
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 devices necessary to protect the public. In case the Contractor
fails or neglects to take such precautions, the Owner may have such lights
and barricades installed and charge the cost of this work to the Contractor.
Such action by the Owner does not relieve the Contractor of any liability
incurred under these specifications or contract.
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.
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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.
IThe 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 Contingent 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 them 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 (either
as co-insured or by endorsement), and shall maintain and pay the premiums
' for such insurance in an amount not less than $200,000 property damage
and $500,000 bodily injury limits, and with such provisions as will pro-
tect the Owner and Engineer from contingent liability under this contract.
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G E N E R A I SPECIFICATIONS
STREET AND DRAINAGE IMPROVEMENTS
The following specifications are hereby by reference made a part of the General
Specifications. These specifications are contained in the "Standard Specifi-
cations for Highway Construction," Edition of 1978, published by the Arkansas
State Highway Commission.. The page numbers given below refer to pages in these
"Standard Specifications for Highway Construction."
These
specifications
are
available
for
inspection in the Engineer's
office, or
may be
obtained from
the
Arkansas
State
Highway Department, Little
Rock, Arkansas.
Earthwork and Site Preparation, Part 200 Page No.
Clearing and Grubbing, Section 201 63-67
Removal and Disposal of Structures, Section 202 . . : . . . . 68-69
Moving Minor Obstructions, Section 203 . . . . . . . . . . . 69-70
Removing Old Culverts, Section 204 70-72
Removal of Existing Bridge Structures, Section 205 . . . . . 72-73
Fence Moved and Reconstructed, Section 208 . . . . . . . . . 78-79
Excavation and Embankment, Section 210 81-92
Subgrade, Section 212 . . . . . . . 94-97
Shaping Roadway Section, Section 213 97-98
Widening Roadway Section, Section 214 99-100
Bases and Granular Surfaces, Part 300
Crushed Stone Base Course, Section 306 . . . . . . . . . . . 114-117
Bituminous Pavement. Part
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Prime and Tack Coats, Section 401 . . . . . . . . . . . . . . 150-153
Materials and Equipment for Bituminous Surface
Courses, Section 403 . . . . . . . . . . . . . . . . . . 157-165
Asphaltic Concrete Hot -Mix Surface Course, Section 408 . a 174-177
Materials and Equipment for Hot -Mix Bituminous
Binder and Surface Courses, Section 409 . . . . . . . . . 177-188
Construction Methods for Hot -Mix Bituminous
Binder and Surface Courses, Section 410 188-195
Rigid Pavement, Part 500
Portland
Cement
Concrete Pavement,
Section
501 . . . . . . .
205-239
Approach
Slabs
and Gutters, Section
504 . .
. . . . . . . . .
246-248
Portland
Cement
Concrete Driveway,
Section
505 . . . . . . .
248-249
Incidental Construction, Part 600
Maintenance of Traffic, Section 603
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Page No.
Pipe Culverts and Storm Drains, Section 606 . . . . . . . . 262-270
Manholes, Drop Inlets and Junction Boxes, Section 609 . . . . 275-278
Manholes, Drop Inlets -and Junction Boxes Adjusted
to Grade,- Section 610 . . . . . . . . . . . . . . . . . . 278-279
Pipe Underdrains, Section 611. . . . . . . . . . . . . . . . 280-283
Concrete Walks and Steps, Section 615 294-296
Curbing, Section 616 296-299
Seeding, Section 620 303-308
Solid Sodding, Section 624 . . . . . . . . . . . a. . 317-319
Removing and Replacing Topsoil, Section 626 322-324
Structures, Part 800
Excavation and Fill, Section 801 . . . . . . . . . . . . . . 361-367
Concrete for Structures, Section 802 . . . . . . . . . . . . 367-425
Reinforcing Steel for Structures, Section 804 . . . . . 427-431
Riprap, Section 816 . . . . . . . . . . . . . . . . a a 536-543
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DETAILED SPECIFICATIONS
STREET AND DRAINAGE IMPROVEMENTS
Community Development Department
City of Fayetteville, Arkansas
DHUD Project No. ST -8109
Plans No. Fy-104
Dated March 1982
1. SCOPE OF THE WORK. The work to be done under this contract shall
include the furnishing of all materials, tools, equipment and supplies, and
the performance of all labor necessary to construct the work as follows:
The work consists of improvements to existing streets in the
City of Fayetteville, some of which are presently paved and
others unpaved. The following includes the items of work
which may be required: site preparation, clearing,
excavation and fill, curb and gutter, placement of SB-2 base
course, placement of hot -mix asphalt, construction of
sidewalks, driveways, Portland cement concrete pavement,
construction of various drainage structures, storm drains,
culverts, topsoiling, seeding and mulching. The plans and
the Detailed Specifications indicate the kinds and quantities
of the various amounts of work required in each specific
location. The particular streets involved are as follows:
1)
7th
Street
from S.
College Avenue
to Wood Avenue
2)
9th
Street
from S.
College Avenue
to Washington Avenue
3)
11th
Street
(Sidewalk)
from Washington
Avenue to Willow
Avenue
4)
12th
Street
from S.
College Avenue
to Willow Avenue
5)
13th
Street
from S.
College Avenue
to Willow Avenue
2. GENERAL SPECIFICATIONS. The General Specifications shall govern and
control all work to which, in the opinion of the Engineer, they apply. Since
these said preceding specifications are general, they may in some cases refer
to work and conditions not found on this project, in which case such
nonapplicable stipulations will have no meaning in this contract. In case of
conflict between General and Detailed Specifications, the Detailed
Specifications shall govern.
3. COMPLETION TIME AND LIQUIDATED DAMAGES. The Contractor shall complete
the work provided for within ninety (90) calendar days from the date set out
in the Notice to Proceed.
Liquidated damages shall be one hundred dollars ($100.00) per day for each
calendar day of delay in completion beyond the time stipulated herein and
provided for in the contract.
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4. SAFETY AND HEALTH REGULATIONS AND CONTRACT REQUIREMENTS. Although the
Engineer and his personnel may recognize safety hazards and in such case will
require that changes be -made to reduce or eliminate the hazards, the Engineer
by such action does not take the responsibility as safety engineers for the
Contractor. Neither does such action indicate that the Engineer or his
personnel are trained safety engineers. It means only that a specific safety
hazard has been recognized in the ordinary course of engineering inspection
of the technical aspects of the work being done, and such hazard has been
called to the attention of the Contractor.
The provisions covering safety standards and accident prevention as set out
in the 'General Conditions are particularly called to the attention of the
Contractor.
In order to protect the lives and health of his employees under the contract,
the Contractor shall comply with all pertinent provisions of the "Manual of
Accident Prevention in Construction" issued by the Associated General
Contractors of America, Inc., and shall maintain an accurate record of all
cases of death, occupational disease and injury requiring medical attention
or causing loss of time from work arising out of and in the course of
employment on work under the contract. The Contractor alone shall be
responsible for the safety, efficiency and adequacy of his plant, appliances
and methods and for any damage which may result from their failure or their
improper construction, maintenance or operation.
Any safety procedures initiated by the Engineer shall not be construed as
supervision of the Contractor's work force, nor make him responsible for
providing a safe place for the performance of the work by the Contractor or
the Contractor's employees or those of the suppliers, his subcontractors, nor
for access, visits, use, work, travel, or occupance by any person, as these
responsibilities are covered under the provisions of the contract, and the
Contractor's insurance and performance bond, and cannot be the responsibility
of the Engineer.
Insurance coverage required on the project is given in Section 28 of the
General Conditions and in the Supplemental General Conditions.
Particular attention is called to the requirement of contractors to withhold
state income taxes on wages paid.
5. QUALITY OF THE PLANS. The plans have been made with care, but cannot be
expected to be correct in every detail when some of the conditions to be
encountered are underground, or are not shown on existing maps.
The location of the existing water, sewer and gas service lines are shown as
approximate only, as their exact locations are difficult to determine. The
Contractor shall work in close cooperation with the City and utility
companies' operating personnel in locating these lines in advance so as to
reduce damage to the lines resulting in disruption of service and added costs
to the Contractor. The City of Fayetteville reserves the right to make
normal changes in location or grade of the work as will facilitate
construction, provide for better service, or reduce the construction costs to
keep within the monies provided for this work.
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6. ELEVATION DATA. Elevations shown on the plans are referenced to bench
marks at the construction sites, and are based on U. S. Coast and Geodetic
survey elevations.
7. LANDS AND RIGHTS OF WAY. The work is to be constructed 'on dedicated
streets in the City of Fayetteville rights of way. The Owner will obtain any
permits required from the Arkansas State Highway and Transportation
Department, and no deposit will be required from the Contractor.
' 8. CONTINUING RESPONSIBILITY OF CONTRACTOR. The Contractor shall be
responsible for faulty materials and workmanship, and, unless otherwise
" specified, he shall remedy any defects due thereto and pay for any damage to
other work resulting therefrom which shall appear within.a period of one (1)
year from date of substantial completion. The Owner shall give notice of
observed defects within reasonable promptness.. All questions arising under
this article shall be decided by the Engineer, subject to arbitration. Also
see Section 21 of these Detailed Specifications.
9. PAYMENT. Methods of payment provided for in the General Specifications
' are in some cases superseded by specific conditions set out in the Proposal.
and these Detailed Specifications. In such cases, the provisions of the
Proposal and these Detailed Specifications shall apply.
' 10. PAYMENT FOR EXTRA WORK. Whenever work is required which is not provided
for under these plans, specifications and contract, or work which is not in
keeping with the general work for which there are unit prices, the Contractor
shall perform the work as directed by the Engineer and shall receive as
compensation therefor the total cost of the work based upon the actual
Contractor's expense, plus 15 percent for overhead and profit. Such expense
shall include insurance and bonds, but shall not include overhead of any
other nature. No extra work shall be performed except upon the written order
of the Engineer.
11. NOTICE TO PROCEED. After the contract bonds have been furnished to the
City of Fayetteville and the contract has been executed, the Engineer will
issue a Notice to Proceed designating the date the work will begin.. Such
Notice to Proceed will be issued so that the Contractor may commence work
'
within thirty (30) days of the date of the signing of the contract. By
mutual agreement between the Engineer and the Contractor, commencement of
work may be delayed beyond said thirty -day period, if there is a delay in
'
obtaining of materials, equipment, or right of way; or other factors beyond
the control of the Contractor or the City of Fayetteville.
12. PROVISIONS FOR COMPETITIVE BIDDING. In some instances, details or notes
refer to one manufacturer's equipment. It is the intent of the plans and
specifications that equipment or materials of equal quality supplied by other
manufacturers which meet the same performance standards will be approved,
t
provided that the cost to the City of Fayetteville will be no greater in
extra concrete, piping, grading, etc., for items which are to be furnished at
a unit price.
13. UTILITY SERVICES. Throughout the area to be improved there are located
utility services, some of which may require possible relocation. It shall be
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the Contractor's responsibility to assist the owners of the various utilities
in the locating of water "service lines and meters, gas service lines and
meters, and telephone and power poles that may require relocation. If, in
the opinion of the utility owner, water meters, gas meters, service lines or
other facilities such as telephone or power poles need relocation, then the
relocation of same will be done by the owner of the utility. The Contractor
shall cooperate with the owners of the various utilities during the
relocation of facilities so that the owners of the utilities will have
adequate time and working room to relocate the facilities.
14. SOURCE OF SUPPLY. The Contractor shall not start delivery of materials
until the Engineer has approved the source of supply. Only materials
conforming to the requirements of these specifications shall be used in the
work and such materials shall be used only after written approval has been
given by the Engineer and only so long as the quality of said material
remains equal to the requirements of the specifications. The Contractor
shall furnish approved materials from other sources if, for any reason, the
product from any source at any time before commencing or during the
prosecution of the work proves unacceptable. After approval, any material
which has become damaged during its delivery and handling shall not be used
in the work.
15. SAMPLES AND TESTS. Where, in the opinion of the Engineer or called for
in the specifications, tests of materials are necessary, such tests shall be
made at the expense of the Contractor.
All samples called for in the specifications or required by the Engineer
shall be furnished by the Contractor and shall be submitted to the Engineer
for his approval. Samples shall be furnished so as not to delay fabrication
or construction, allowing the Engineer reasonable time for the consideration
and testing of the samples submitted. Tests, unless otherwise specified, are
to be made in accordance with the latest standard methods of the American
Society for Testing Materials. The Contractor shall provide such facilities
as the Engineer may require for collecting and forwarding samples and shall
not use the materials represented by the samples until tests have been made
and approved by the designated Engineer or testing laboratory.
The Contractor shall, in all cases, furnish the required samples without
charge. All tests shall be made by a laboratory approved by the Engineer and
the Owner. -
16. SEQUENCE OF THE WORK. The work shall be carried on as desired by the
Contractor, subject to the approval of the Engineer. Immediately after
execution and delivery of the contract, and before the first partial payment
is made, the Contractor shall deliver to the Engineer an estimated
construction progress schedule in form satisfactory to the Engineer, showing
the proposed dates of commencement and completion of each of the various
subdivisions of work required under the Contract Documents, and the
anticipated amount of each monthly payment that ,will become due the
Contractor in accordance with the progress schedule.
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The Contractor is hereby made aware of the sewer line extension on 13th
Street. This work should be scheduled for an orderly progress of street
construction.
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' 17. MATERIALS OF CONSTRUCTION.
IA. General. The materials hereinafter described shall be used in the
construction of streets and drainage improvements.
B. Crushed Stone Base. Crushed stone base material shall be Class SB-2 in
conformity with the gradation and hardness requirements as set forth
under Section 306, page 114, of the 1978 Edition of the Arkansas State
Highway Department Standard Specifications. -SB-2 shall also be used for
bedding and backfill around drainage pipes and structures.
C. Prime and Tack Coats. Prime coat material shall be Grade MC -30 as set
' forth in Table II on page 160, and tack coat material shall be Grade
SS -1 as set forth in Table III on page 116, both in the 1978 Edition of
the Arkansas State Highway Department Standard Specifications.
ID. Asphaltic Concrete Hot -Mix Surface Course. The hot -mix asphalt surface
course shall conform in composition to the weights and gradation of
Type 2 asphalt as set forth under Section 408, page 174, of. the 1978
Edition of the Arkansas State Highway Department Standard
Specifications, using asphalt cement, Grade 60-70.
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E. Asphaltic Concrete Hot -Mix Binder Course. The hot -mix binder course
shall conform in composition to the weights and gradation of Type 2
asphaltic concrete hot -mix binder course as set forth under Section 405,
page 168, of the 1978 Edition of the Arkansas State Highway Department
Standard Specifications, using asphalt cement, viscosity grade AC -30.
F. Portland Cement Concrete. Concrete used in the construction of curb and
gutter, headwalls, wing walls, drop inlets, sidewalks, driveway and
concrete pavement shall comply with the gradations and proportioning set
forth for Class A concrete under Section 802 on page 367 of the 1978
Edition of the Arkansas State Highway Department Standard
Specifications, with 5 percent it percent air entrainment added at the
plant.
G. Reinforcing Steel. All reinforcing steel used on this project shall
conform to the requirements of ASTM A615 as set forth under Section 804,
page 427, of the 1978 Edition of the Arkansas State Highway Department
Standard Specifications.
H. Reinforced Concrete Pipe. All concrete pipe, of the
on the plans, used for laying storm sewers shall be
pipe with joints composed of cold -applied, preform
The gaskets shall conform to AASHO M198, Type B.
constructed in accordance with ASTM C76, reinforced,
pipe.
various kinds shown
reinforced concrete
?d plastic gaskets.
The pipe shall be
Class III concrete
I. Coated Corrugated Galvanized Metal Pipe Culvert. All coated corrugated
galvanized metal pipe of the size shown on the plans, used for laying
storm drainage culverts, shall be equal to Armco coated galvanized
copper steel riveted, or aluminized steel Type 2 Hel-Cor pipe.
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' All galvanized pipe shall be coated with bituminous material, inside and
out, to a minimum thickness of .05 inches, as required by AASHO M-190
' for Type A coating. This pipe shall not be cut in the field with a
cutting torch so as to avoid damage by fire.
Materials shall be in accordance with Section 606, pages 263 through
1 265, of the 1978 Edition of the Arkansas State Highway Department
Standard Specifications.
' J. Topsoil. Topsoil shall consist of material stripped and stockpiled from
the limits of roadway construction, if available, or of satisfactory
material furnished by the Contractor. Topsoil shall be free of all
large rocks, excessive vegetative material, or other debris which would
cause the topsoil to be unsuitable.
K. Seed. Seed shall be in conformance with Group I (based on the time of
application) as set out in Section 620 on page 303 of the 1978 Edition
of the Arkansas State Highway Department Standard Specifications.
L. Straw Mulch. Straw mulch shall consist of good grade, weed -seed free,
clean straw of a quality approved by the Engineer prior to use.
M. Subgrade Material. When existing subgrade material is not suitable and
' requires replacement, material used shall be of a good grade bank run
material of a source approved by the Engineer prior to hauling to the
job site.
' N. Cast Iron Castings. Cast iron castings used in the construction of drop
inlets shall be according to specifications shown on the plans.
0. Rock Riprap. Good grade limestone from a source approved by the
Engineer prior to hauling to the job site shall be used. The rock shall
be a maximum dimension of 12 inches.
P. Expansion Joint Material. . The materials for filling expansion and
contraction joints shall be as set out under Section 501, pages 209-210,
of the 1978 Edition of the Arkansas State Highway Department Standard
Specifications.
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' 18. STREET AND DRAINAGE CONSTRUCTION.
IA. General. The work to be done in accordance with the following
construction specifications shall include all work necessary for the
construction of streets, box culverts, installation of drainage pipes,
construction of reinforced concrete headwalls, drop inlets, and every
other item of work required for a completed project as shown on the
plans and as specified.
B. Sequence of the Work. The sequence of construction of the required
street and drainage improvements is as set out in Section 16 of these
Detailed Specifications.
An exact sequence of work will be agreed upon by the Owner, Contractor
and Engineer.
IC. Site Preparation. The requirement for site preparation work on each
street is somewhat different and is to be bid as a separate pay item and
cannot be exactly specified.
The following general description of the work to be done on each street
is given so that the Contractor may more clearly identify the site
preparation work to be accomplished.
7th Street - 120 Feet East of South College Avenue East to Wood Avenue
• (±1,185 feet). The existing pavement shall be saw cut so as to provide
a true line at the south edge of the asphalt surface. Subgrade will be
prepared, and curb, gutter and concrete paving varying in width will be
placed to provide a street width of 24 feet back of curb to back of
curb. No sidewalk will be built at this street. The installation of 24
inch RCP at Willow Avenue, including headwall, is required. Shrubbery
along ditch shall be removed and compacted embankment placed prior to
curb and pavement construction. After backfill and topsoil are placed
behind curb, shrubbery shall be planted at 2 foot centers along the
fence line.
' 9th Street - South College Avenue to Washington Avenue (Approximately
320 Feet). The work includes the construction of a 6 inch thick
Portland cement nonreinforced concrete street, including concrete curb
and gutter on each side for a street width of 22 feet back of curb to
' back of curb. In addition, a 4 foot wide concrete sidewalk shall be
constructed along the north side of the street. Minor grading and
excavation will be required. The gas company will be relocating the
i• 2 inch gas line west of the Washington Avenue intersection. The
construction of a drop inlet box at Washington Avenue, along with storm
sewers, is required. No valve boxes or manhole adjustment by the
Contractor are anticipated. Two fire hydrant installations must be
relocated by the City.
11th Street Sidewalk - Washington Avenue to Willow Avenue (317 Feet).
No separate site preparation pay item will be bid for the construction
of this sidewalk. The finished sidewalk elevation will be generally at
existing grade and will be constructed so as not to block any existing
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drainage. Eight (8) linear feet of 12 inch RCP will be required at
Washington Avenue.
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The gas company will be relocating the 2 inch gas line along with
' required services from the west side of Washington Avenue to Willow
Avenue. The Contractor should schedule his work with the gas company.
Storm drainage improvements will be made at various locations. Valve
box and manhole adjustments are as shown. The construction of a sewer
line as shown on sheet 4 of the plans must be done prior to excavation,
embankment and grading of the street.
D. Clearing and Grubbing. All trees, stumps, brush, roots and other debris
of any type within the construction limits of streets, sidewalks and
drainage ditches shall be removed and disposed of by the Contractor.
Burning of material resulting from the clearing operation will be
allowed by the Owner. However, it will be the Contractor's
responsibility to obtain burning permits from state or federal
authorities.
12th Street - South College Avenue East to Willow Avenue
(Approximately 650 Feet). These improvements include curb and gutter
with 7 inches compacted SB-2 base and the placement of a 2 inch
thickness of asphalt paving: from College to Washington, width is to be
27 feet from back of curb to back of curb; and Washington to Willow
Avenue is to be 31 feet back of curb to back of curb, with 10 inches
compacted SE -2 base and placement of a 2-1/2 inch thickness of asphalt
paving. A sidewalk is to be constructed adjacent to the north curb.
Excavation will average near 1 foot 0 inches in depth from College to
Washington. Washington to Willow will require undercutting; depth to be
determined. All additional suitable subgrade material required (not
available on the site) will be paid for under Item No. 5 of the
Proposal. Disposal of excess material will be required. Washington
Avenue will be resurfaced north and south for a total length of t70 feet
and will require a storm sewer at Washington Avenue. No manhole or
valve box adjustments are anticipated, but the City will be required to
relocate a fire hydrant at the southwest corner of 12th Street and
Washington Avenue.
13th Street - South College East to Willow Avenue (Approximately
650 Feet). This street shall be constructed to a width of 28 feet (back
of curb to back of curb). College to Washington shall have 7 inches
compacted SB-2 and a 2 inch thickness of asphalt paving. Washington to
Willow shall have a 10 inch thickness of SB-2 base material and
2-1/2 inches of asphalt over a prepared subgrade. All additional
suitable subgrade material required (not available on the site) will be
paid for under Item No. 5 of the Proposal. Also required is the
construction of a sidewalk 4 feet in width adjacent to the north curb.
' E. Stripping. All vegetative growth and unsuitable soil within the limits
of street construction areas shall be stripped and disposed of as
directed by the Engineer. If suitable areas for disposal are not
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available, the Contractor will be required to haul the material from the
site.
F. Excavation and Embankment. After the unsuitable soil has been stripped,
the Contractor shall proceed to construct the street subgrade. All
excavated material not suitable for the construction of roadway
embankment shall be disposed of as directed by the Engineer. Areas not
having suitable subgrade material shall be undercut. Location and depth
of undercuts shall be determined at time of excavation. When
undercutting is required, approved subgrade material shall be hauled in
if suitable surplus subgrade material is not available on the site. The
Contractor shall be responsible for locating a source and securing
approval of the Engineer at least 10 days prior to date of anticipated
need. In areas to be excavated, the Contractor shall make cuts down to
an elevation which is level with the top of proposed curb elevations.
Further excavation shall be delayed until all drainage structures have
been installed that are to be constructed either adjacent to and
parallel with all crossing proposed streets. In embankment areas, the
Contractor shall construct the embankment up to approximately the
finished subgrade elevation.
All street excavation shall be considered unclassified, and rock, if
encountered, will not be eligible for extra compensation. All surplus
excavated material shall be hauled off the site and disposed of by the
Contractor.
G. Compaction of Subgrade Under Sidewalks. After the excavation is
completed but before forms are set, the area under all sidewalks shall
be compacted by mechanical compaction equipment approved by the
Engineer. The compaction requirements under sidewalks are the same as
under streets. If, in the opinion of the Engineer, density tests are
required to determine if adequate compaction is present, these tests
will be run and all expenses resulting will be borne by the Contractor.
This also includes the cost of determining the modified Proctors.
Sidewalks. Nonreinforced Portland cement concrete sidewalks shall be
constructed at the locations and to the dimensions shown on the plans.
The thickness shall be a minimum of 4 inches, and contraction joints
shall be either formed or sawed at a spacing of not more than 5 feet
0 inches.
Redwood expansion joints shall be placed at no greater than 30 foot
intervals. Expansion joints shall be placed between the sides of the
walks and adjacent curb pavement or other structures. This space shall
be filled with approved joint sealer.
The finish shall be a light broom finish.
H. Soil Testing. Prior to the
the Contractor shall retain
laboratory to collect soil
required to determine the t
soils upon which the roadway
commencement of excavation and embankment,
the services of an approved soil testing
samples and to conduct such tests as are
ieoretical modified Proctor density of the
will be constructed. During the course of
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construction of embankment sections, density tests will be conducted at
locations designated by the Engineer on each 12 inch lift. Density
tests will also be -conducted at approximate 200 foot intervals in areas
of excavation to determine the compacted density of the top 8 inches of
the subgrade. All expenses incurred for the determining of Proctors and
densities shall be borne by the Contractor.
The top 8 inches of all subgrade shall be compacted to 95 percent of
modified Proctor density. In areas of embankment, all soil below the
top 8 inches shall also be compacted to 95 percent of modified Proctor
density.
I. Removal and Disposal of Structures. This work shall consist of the
removal and satisfactory disposal of curb and gutter, Portland cement or
asphaltic concrete driveway, parking areas, sidewalks and steps,
manholes, catch basins, and other items as directed by the Engineer
which may be encountered within the limits of street construction, as
shown on the plans. Salvaged materials will become the property of the
Contractor.
J. Removing Old Culverts. This work shall consist of removing, in whole or
in part, all old culverts encountered on the project not designated on
the plans or directed by the Engineer to remain, or the filling of old
culverts as called for; together with the disposing of all materials
removed and the backfilling and compacting of all resulting trenches.
K. Fence Removed and Reconstructed. The location of fences to be removed
and reconstructed are as shown on the plans. Posts and wire or chain
link fence that is not in a condition to be moved shall be replaced by
new material of equal or better quality of the type and size of the
material replaced. Replacement material required shall be furnished by
the Contractor and be satisfactory to the Engineer.
L. Shaping and Widening Roadway Section. This work shall consist of
modifying and/or widening the existing roadway to conform substantially
to the typical section shown on the plans. This shall include
excavating and hauling or drifting subgrade material necessary in
widening the existing roadway or making minor cuts and fills, along with
shaping and dressing the surface, shoulders, ditches, foreslopes and
backslopes to provide a uniform and well -drained subgrade, in accordance
with the plans and specifications.
M. Removal and Replacement of Signs, Mailboxes, Etc. All signs, mailboxes,
etc. which are in the street construction limits shall be removed and
replaced behind the proposed curb and gutter so as not to interfere with
the work. Temporary movable supports shall be furnished for mailboxes
that cannot be placed in their final locations.
N. Undercuts. If unstable or unacceptable material is encountered during
the preparation of the subgrade, the designated grade will •be undercut
as directed by the Engineer and suitable material placed in the undercut
area. If suitable material does not exist on the site, then additional
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approved subgrade material shall be transported to the site and placed
as directed.
0. Crushed Stone Base Material. When base material is required and after
the subgrade has been accepted and approved by the Engineer, compacted
base material shall be installed.. Crushed stone base material shall be
compacted to 95 percent modified Proctor density. If depth requirement
of base material exceeds 7 inches, the Contractor will be required to
place and compact material in two lifts. Compaction tests shall be
conducted at intervals designated by the Engineer and at the
Contractor's expense. During the placement of the base material, the
crushed stone shall be bladed and rolled to insure complete and proper
mixing, and water shall be added as required to establish optimum
moisture for compaction of the material.
Water needed for mixing and compaction of the subgrade and base will be
made available by the City at the established bulk rate of the City.
P. Prime and Tack Coats. The plans
and new pavement. Prime or tack
be placed prior to asphalt or
construction are as specified
Specifications. This item will
concrete hot -mix surface course.
show the location of asphalt overlays
coat as directed by the Engineer shall
surface treatment. The materials of
in Section 17 of these Detailed
be considered subsidiary to asphaltic
Q. Asphaltic Concrete Hot -Mix Surface Course. Asphaltic concrete shall be
placed on all street areas to be paved or overlaid, to the thickness as
shown on the plans. The asphalt shall be placed by a self-propelled
asphalt -laying machine equipped with an adjustable vibrating screed, and
of such size as will permit the laying of one-half street width during
each pass of the machine. Prior to placement of the asphalt, the area
shall be primed with one application of prime coat as previously
specified. Asphalt placement shall be in accordance with the General
Specifications for that item.
Core samples shall be taken at such locations as the Engineer may direct
for the purpose of determining compacted density. The cost of cutting
the core samples, repairing the removed area, conducting the laboratory
tests to determine the compacted density, and all other costs shall be
at the expense of the Contractor.
The finished bituminous course shall be compacted to not less than
92 percent of theoretical density. A mix design shall be submitted to
the Engineer for approval prior to use of any materials.
R. Portland Cement Concrete Pavement. This item shall consist of
constructing a pavement composed of Portland cement concrete, without
reinforcement, on a suitably prepared subgrade in accordance with these
specifications and in reasonably close conformity with the lines,
grades, thicknesses and typical cross sections shown on the plans or
established by the Engineer.
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1. Placing Concrete. No concrete shall be placed unless an Inspector
is present. The concrete shall be deposited on the subgrade in
' such a manner.as to require as little rehandling as possible.
Spreading required shall be done by means of an approved mechanical
spreader (concrete paving machine). Spreading by rakes or other
' means will not be allowed.
2. Joints. Joints in concrete pavement, longitudinal and. transverse,
shall be constructed as stated in Section 501.04 (c) on page 212 of
the 1978 Edition of the Arkansas State Highway Department Standard
Specifications, with the maximum distance between joints as
indicated below:
' a. Doweled Expansion Joints - 60 feet (transverse).
b. Contraction Joints (sawed) - 15 feet (transverse).
C. Construction Joints - as needed (transverse). Shear
' transfer shall be provided at
all construction joints.
d. Longitudinal Joints - constructed on centerline of
all streets and at each curb.
The joints shall be filled with approved joint material as set out
Ion pages 209 and 210 of the 1978 Edition of the Arkansas State
Highway Department Standard Specifications.
3. Finishing and Curing. The concrete shall be finished and cured as
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stated in Section 501.05 of the 1978 Edition of the Arkansas State
•Highway Department Standard Specifications.
' 4. Opening Pavement to Traffic. All traffic shall be excluded from
newly constructed pavement until the concrete is found, by suitable
• tests of representative cylinders, to have a compressive strength
' of 3,500 psi. In no case shall the pavement be opened to traffic
in less than 7 days, and until all joints have been cleaned and
sealed.
IS. Concrete Testing. Concrete streets shall be cored in accordance with
Section 501.07 on page 234 of the Arkansas State Highway Department
Standard Specifications. At least one core shall be drilled on each
' street constructed of Portland cement concrete. Payment for pavement
deficient in thickness, not in excess of one-half inch, shall be made at
an adjusted unit price.
' All expenses incurred for the drilling of cores and the taking of
concrete cylinders for compressive strength tests shall be borne by the
Contractor.
T. Concrete Drive Repair. The plans show the locations of existing
driveways which will connect to the new curb and gutter to be
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constructed. The Contractor shall cut a neat line across the existing
pavement (where required) and reconstruct a 6 inch nonreinforced
concrete slab as shown on the detailed plans. The driveway width will
vary depending upon the existing driveway width. The driveway subgrade
shall be shaped to create a uniform transition between the existing
drive and the new curb.
U. Concrete Curb and Gutter. Concrete curb and gutter shall be constructed
on suitable subgrade material at the locations shown on the plans. If
there is not suitable subgrade material available, at the option of the
Engineer, SB-2 base material or approved suitable subgrade material may
be placed and compacted in lieu of existing material.
Expansion joints shall be made at drop inlets, radius points and at
intervals not greater than 60 feet along the curb line. The joint shall
not be less than 1/2 inch thick and shall be filled with joint filler
neatly trimmed to match the cross section of the curb and gutter.
Before construction begins, the Contractor shall furnish the Engineer a
certified batching schedule from his concrete supplier. This schedule
will show the type and gradation of aggregate to be used, the total
pounds of aggregate, sand and cement, and the proposed gallons of water
for each cubic yard of concrete to be delivered.
The concrete shall be placed on subgrade that has been watered down, and
shall be vibrated and spaded until the mortar is evenly spread. The
surface shall be finished smooth with rounded corners. The curing of
the concrete shall be controlled in accordance with the prevailing
weather conditions at the time of the pour. Wet burlap shall be placed
and kept moist if so required by the Engineer. Concrete will not be
poured when the outside temperature is below 40° F. within four hours
after the last batch is poured.
' When the curb and gutter have cured, the Contractor will shape the area
behind the curb in accordance with finished grade as shown on the cross
sections of the plans. Extreme care shall be exercised to avoid damage
Ito the curb and gutter during the backfill operation. Any such damage
will be repaired at the Contractor's expense.
V. Drainage Structures and Ditches. All drainage structures including box
' culverts, drop inlets, headwalls and wing walls, concrete spillways and
drainage ditches shall be constructed in accordance with the line and
grades shown on the plans. As shown on the plans, all excavation
' required for the installation of drainage pipes and structures that is
to be under the travel surface or within 3 feet of the back of the curb
shall be backfilled with SB-2 crushed limestone and compacted to the
' density required for the street subgrade. Where slotted drain pipe is
shown on the plans, coarse grout backfill will be required.
W. Topsoiling, Seeding and Straw Mulching. Before the placement of topsoil
is commenced, the area to be covered shall be bladed smooth and all rock
2 inches and larger removed. The area shall then be lightly disked and
the topsoil placed to a thickness of approximately 3 inches. The
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' topsoil shall then be machine or hand raked to provide a uniform
surface.
Seeding and fertilizing shall be done in accordance with Section 620 of
the Arkansas State Highway Department Standard Specifications.
Straw mulch shall then be placed over areas as directed by the Engineer
and shall be uniformly spread as to provide a thickness of approximately
2 inches when first spread over the area. The straw mulch shall be held
' in place by the application of an emulsified asphalt applied with a
pressure sprayer at the rate of approximately .05 gallon. per square
yard.
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The Contractor should note that all areas disturbed by the construction
behind the curb and gutter are to be topsoiled, seeded, fertilized and
straw mulched.
' X. Storm Sewer Drains. The plans show the lengths and sizes of the pipe to
be used and the locations where their installation is required.
Backfilling around the pipe shall be done with SB-2 base material or
coarse grout, as directed by the Engineer.
' Y. Manholes, Valve Boxes Adjusted to Grade. The plans show the location
and approximate elevation of existing manholes and valve boxes to be
adjusted. The Contractor shall adjust the elevation to coincide with
the finished grade as established after the placing and compacting of
the subbase and base material and prior .to the placing of the hot -mix
asphalt surface. The plans show the details of the valve box
adjustment. However, since the manholes may be different at each
location, the Contractor shall determine the individual modifications
necessary to adjust these manholes to grade, as directed by the
Engineer.
Z. Cleanup. All work within the construction area shall be cleaned up to
+ the satisfaction of the Owner and the Engineer. In general, all rocks,
t trash, or rubbish of any nature shall be removed from the site of the
work. The new streets shall be swept clean of mud, dirt and other
materials.
I. Special attention shall be given to the cleanup, smooth grading of the
areas back of the sidewalks and curbing, and replacing gravel driveways
to fit the new pavement grades with a minimum of 4 inches of SB-2
material, all of these items being difficult to measure, define or
compute. SB-2 material used for driveways will be paid for under the
appropriate bid item.
' AA. Watering. The specifications on seeding and sodding call for certain
regular applications of water. The City of Fayetteville has available
fire hydrants through which water may be purchased near the. individual
streets.
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There is no direct pay item for water. It shall be considered -
subsidiary to other items.
BB: Miscellaneous Items.
1. Detours and Access to Homes. During street construction the
' Contractor may close the street to through traffic. However, the
Contractor shall maintain the construction site in such a manner as
to provide reasonable access by homeowners and emergency vehicles.
2. Construction Staking. The Engineer will set grade and alignment•
stakes at 50 foot intervals back of the curb on one side of the
street. The Contractor will be responsible for transferring data
across the street to the opposite curb.
The Engineer will require five days notice prior to setting the
construction stakes.
All stakes destroyed by the Contractor shall be replaced by the
Contractor at his expense.
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19. MATERIALS OF CONSTRUCTION - SANITARY SEWERS.
A. General. The plans show plan and profile of the sewer line to be
constructed.
B. Sewer Line. Sewer pipe used on this project for gravity sewers shall be
' vitrified clay pipe unless otherwise shown on the plans, where ductile
iron pipe shall be used.
Pipe specifications are set out below.
C. Pipe Specifications.
Vitrified Clay Pipe. All vitrified clay pipe shall be ASTM Designation
• C-700, latest revision, extra strength. All joints shall be a
compression sleeve in accordance with ASTM Specification C-594-72,
Type B, latest revision.
D. Manholes. All manholes shall be constructed of standard brick, clay
radial blocks, solid radial blocks, or cast -in -place concrete manholes.
Precast concrete manholes are not approved for use on this project."
1.• Rings and Lids. Rings and lids shall be watertight and have a
combined weight of approximately 300 pounds. Rings and lids shall
be equal and similar in design to Neenah R -1916-C manhole frames
and lids.
2. Steps. Steps shall be 10 inches wide and constructed of either
cast iron or steel reinforced fiberglass equal and similar in
design to Perma-Step Model 100-2 as manufactured by Utility
Products, Inc.
3. Concrete. Concrete used to pour cast -in -place manholes shall be
6 bag concrete acquiring a compressive strength of not less than
3,000 psi within 28 days.
E. Pipe Bedding Gravel. Gravel used for bedding of vitrified clay pipe
shall be crushed limestone SB-2 as defined by Section 306 of the
Arkansas State Highway Department Standard Specifications.
' Crushed Stone Base Course. The crushed stone base course shall be
Class SB-2 as set out in Section 306 of the Highway Department
Specifications. The base shall be placed and compacted in accordance
with said Section 306.
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20. SANITARY SEWER LINE CONSTRUCTION.
A. General. The work to be done includes the construction of a 6 inch
sanitary sewer, including a manhole and every other item of work
necessary for a complete and acceptable installation as shown on the
plans and as specified.
B. Materials. All materials used in the construction of the sanitary sewer
line extensions on this project shall be as specified under Section 19
of these Detailed Specifications, if not provided for in this section.
C. Grade Control. If the Contractor elects to maintain grade and alignment
' with a laser beam rather than the batterboard system, he shall so advise
the Engineer sothatthe proper surveying procedures can be employed to
insure that accurate vertical control can be established for the laser
beam laying method.
' D. Sewer Excavation and Pipe Laying. All sewer line excavation and sewer
pipe laying shall be in accordance with the General Specifications
' covering Pipe Sewers. Sewer line excavation is not a special pay item
and shall be included in the unit price bid in the Proposal for the
pipe, complete in place.
E. Pipe Bedding. All sewer lines, including ductile iron pipe where shown
on the plans to be used, shall be bedded in crushed rock bedding. Pipe
bedding shall be placed from a point at least 4 inches below the bottom
t of the pipe barrel to the pipe springline by the full width of the
excavated ditch. All excess, loose dirt shall be removed from the ditch
prior to placement of the pipe bedding material. All overexcavation
below the pipe shall be backfilled with crushed limestone. Since street
construction will be done immediately after sewer line installation, all
backfill will be crushed stone.
IF. Manholes. All manhole brick, mortar, manhole rings and lids, manhole
steps, etc., shall be in accordance with the General Specifications,
except as follows.
' 1. Precast concrete manholes are not approved for use on this project.
' 2. A layer of plaster one inch thick shall be applied to both inside
and outside walls of all manholes constructed with brick, radial
clay blocks or masonry blocks, rather than a one-half inch
thickness as set out in the General Specifications. The plaster
' shall be mixed using a leak inhibitor such as ironite.
3. Manhole rings and lids will conform to weights and dimensions shown
on the detail sheet of the plans and as set forth in Section 19 of
these Detailed Specifications.
4. Cast -in -place concrete manholes are approved for use on this
' project.
5. Specifications for cast -in -place manholes are hereinafter set out.
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Cast -in -Place Manholes.
1. Base. The concrete base shall have a minimum thickness of 8 inches
and shall be poured on undisturbed earth. The base shall be poured
so that the top of the base is a minimum of 2 inches and a maximum
of 4 inches below the lowest pipe inside the manhole, except when
the lowest pipe can be laid continuously through the manhole, the
base may be poured to a point 2 inches below the centerline of the
pipe, providing this point is not above invert of other pipes
entering the manhole. The base shall have a minimum diameter of
8 inches greater than the outside diameter of the finished manhole•
barrel.
2. Invert. The invert of the manhole shall be hand placed and shaped
using a grout mixture consisting of two parts masonry sand and. one
part Portland cement. The base and barrel of the manhole shall be
cleaned thoroughly prior to placement of the invert. The invert
shall be shaped and smoothed so that the manhole will be
self-cleaning and free of areas where solids may be deposited as
sewage flows through the manhole. In all cases except where the
sewer pipe can be laid continuously through the manhole, the entire
diameter of each pipe entering the manhole barrel shall be cut
smooth with the inside edge of the manhole barrel and the invert
shaped throughout from all inlet pipes to the outlet pipe.
3. Manhole Barrels. The barrel forms may be set as soon as the
concrete base has cured enough to support the forms. The manhole
barrel shall be of such construction so that the finished manhole
will have an inside diameter of 4 feet 0 inches, plus or minus
one-half inch. Concrete used to pour the manhole barrel shall be
3,000 pounds per square inch test with a slump of approximately
4 inches.
Before the forms are set in place, any water that may have
accumulated in the excavated area shall be pumped out and the
concrete base thoroughly cleaned, if required, of dirt and debris.
Before pouring of the concrete begins, a 2 inch layer of grout
mixture, as set out under paragraph 2 above, shall be placed in the
bottom of the forms.
The forms shall be removed after the initial set of the concrete so
that holes may be cut in the manhole barrel for the installation of
pipes which are to enter the manhole at points other than adjacent
to the. manhole base. After these pipes have been put in place, the
barrel shall be repaired using a grout mixture as set out under
paragraph 2 above. If honeycombing of the barrel is found to be
present after removal of the forms, they shall be repaired as
directed by the Engineer.
The top, of the poured manhole shall be left at such an elevation so
that two rings of standard brick are required to bring the manhole
ring to the finished elevation. Where manholes are located in
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fields or other low lying areas, the finished grade shall be
6 inches above natural ground. A 3 inch wide by 2 inch deep keyway
shall be left. in the top of the poured manhole to hold the mortar
for the first ring of bricks.
4. Curing. Curing compounds or covers may or may not be used at the
option of the Contractor. However, it will be the responsibility
• of the Contractor to protect the concrete to prevent cracking
• during the curing process and to protect the manhole during
I. freezing temperatures. The Engineer will, at his discretion,
prohibit pouring concrete during periods of extreme cold or
inclement weather.
Is. Backfilling. The manhole shall not be backfilled less than
12 hours after the forms have been removed. Extra care shall be
taken to compact all backfill to the top of the highest pipe
entering the manhole.
H. Testing. After the sewer line has been installed, backfilling completed
' and manholes constructed, the Contractor shall proceed to air test all
sewer lines to determine if sewers are free of breaks or other defects
which would permit excessive infiltration or exfiltration.
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On all gravity flow sewers, the Contractor shall conduct low pressure
air tests of the various sections of pipe by use of equipment
manufactured for this purpose. The equipment shall include a regulator
to avoid overpressurization and damaging an otherwise acceptable line.
The equipment used shall be identical or equal to the Air-Loc system as
manufactured by Cherne Industrial, Inc., Hopkins, Minnesota.
The low pressure air test shall be conducted by plugging each opening in
the reach of pipe to be tested. All plugs shall be braced against
slippage due to internal pressure. One of the plugs provided must have
an inlet tap or other provision for connecting an air hose. After
connecting the air control equipment to the air hose, monitor the air
pressure so that the internal pressure does not exceed 5.0 psig. After
reaching 4.0 psig, the air supply shall be throttled to maintain between
4.0 and 3.5 psig for at least 2 minutes in order to allow equilibrium
between air temperature and the pipe walls. During this time, all plugs
shall be checked to detect any leakage. If plugs are found to leak, the
Contractor shall bleed off the air, tighten the plugs, and again begin
supplying air. After the temperature has stabilized, the pressure is
allowed to decrease to 3.5 psig. At 3.5 psig, the Contractor shall
begin timing to determine the time required for the pressure to drop to
2.5 psig. If the time, in seconds, for the air pressure to decrease
from 3.5 psig to 2.5 psig is greater than that shown in the table below,
the pipe shall be presumed free of defects.
Pipe Size Minimum Time (minute/100 feet)
6 inches 0,7
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If, by use of the above procedure, a faulty section of line"is found,
that section of line shall be tested at 20 foot intervals to determine
the exact location of the break.
If a section of pipe is found to be leaking, the exact source of the
leak shall be determined, a repair made, and the entire section
retested.
I. Protecting and Replacing Utility Services. In some instances the pipe
will be installed under, alongside and over existing utility services.
Much of the time these will be difficult to locate, and in some
instances, impractical to locate. The Contractor shall be responsible
for locating and. protecting or renairine and renlacinv s„rh cor�,ircc
The various utility owners, gas company (gas lines), telephone company
(cable and conduits) and others not named will cooperate with the
Contractor in helping locate the underground services. However, the
utility owners cannot afford to keep men on the job full time.
Where the Contractor cannot make adequate repairs, the various utilities
will make repairs to all services, and such costs will be charged to the
Contractor. The Contractor shall make arrangements for this service
with the various utilities either before his bid is presented or before
construction starts.
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21. FINAL INSPECTION AND -ESTABLISHMENT OF WARRANTY PERIOD. The final
inspection shall be made by the Engineer or his chief assistant, the
Contractor or one of the principal owners of the contracting firm, and a
representative of the City of Fayetteville.
Upon acceptance of the work, a date will be set out in writing by the
Engineer which will establish the beginning of the one (1) year warranty
period.
The final acceptanceS of the job and the payment in full to the Contractor
will not reduce the continuing responsibility of the Contractor as set out in
these specifications.
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22. METHODS OF MEASUREMENT AND PAYMENT. Methods of measurement and payment
as set out in the General Specifications covering the various items of
construction are hereby. clarified and superseded as set out herein. Wherever
they are not clarified or superseded herein, methods of payment as provided
in the General Specifications or the applicable section of the Detailed
Specifications shall prevail.
Items 1 through 4 - Site Preparation (Lump Sum each Street). Since the
site preparation of each street is to be bid separately, as previously
specified, the following list includes the items of work which may be
required which will be paid for under these items: site preparation;
clearing and grubbing; excavation and fill; shaping and compacting subgrade;
ripping -up of existing pavement and/or base; undercutting; removal and
replacement of signs, mailboxes, culverts, steps, fences; the furnishing and
placing of'3 inches of topsoil, seeding, fertilizing, straw mulching, and
watering, etc.; and every other item not specifically compensated for under
other items.
Item 5 - Furnishing and Compacting of Subgrade Material for Undercuts.
Payment under this item shall be made for each cubic yard of material
required to be hauled to the job site from sources other than from stockpiles
created by material excavated. Material under this item will only be
authorized for use by the Engineer when all suitable excavated material has
been exhausted. Payment under this item will not be made when the Contractor
chooses to furnish and haul in the material rather than use suitable material
from the excavated material in order to expedite his work or for any other
reason.
When material under this item is authorized by the Engineer, payment will be
made at the unit price bid per cubic yard as determined by struck bed measure
of trucks delivering the material to the job site. The Contractor shall
furnish the necessary labor and equipment to "strike" the loads of the
material at the job site. The Engineer's representative and the Contractor
shall initial a duplicate delivery ticket for each load delivered to the job.
Each ticket shall show the quantity of the load, the street number and
approximate station.
Compensation under this item shall also include the work necessary to remove
and dispose of the unsuitable material.
' Item 6 - Compacted SB-2 Base Material. Payment for compacted crushed stone
base material will be made in accordance with the unit price bid per ton,
complete in place. The material will be used as directed by the Engineer.
' Measurement shall be by delivery tickets furnished and initialed by the
Engineer's representative at the location the material is to be used.
Item 7 - Asphaltic Concrete Hot -Mix Surface Course. Asphaltic concrete
shall be compensated for in accordance with the unit price bid per ton,
complete and all in place, to the thickness shown on the plans. The bid
price shall include the furnishing and placement of prime coat as specified.
The tonnage shall be determined by approved weight tickets from the batching
plant initialed by the Engineer's representative at the time of delivery.
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Item 8 - Concrete Curb and Gutter. Payment for concrete curb and gutter
will be made in accordance with the unit; price bid per linear foot, complete
' in place. The price bid shall include every item of work and material
required for a complete installation. Deductions in the length of concrete
curb and gutter will be made for space occupied by drop inlets and other
I. drainage structures.
Item 9 6 Inch Nonreinforced Portland Cement Concrete Pavement. Payment
for 6 inch nonreinforced concrete pavement will be made in accordance with
the unit price bid per square yard, complete and accepted in place. However,
delivery tickets for concrete used shall be furnished the Engineer for
records'of materials used only.
' Item 10 - Nonreinforced Portland Cement Concrete Sidewalk. Payment will be
made for the furnishing and placement of nonreinforced Portland cement
concrete sidewalk a minimum of 4 inches in thickness in accordance with the
' price bid per square yard, complete in place. This price shall include full
compensation for the furnishing of all materials, excavation, forming,
placement of concrete, finishing, curing, and all other incidentals necessary
Ito complete the work.
Item 11 - Reinforced Class A Concrete. Payment will be made for the
' furnishing and placement of reinforced Class A concrete in accordance with
the price bid per cubic yard, complete in place. This price shall be full
compensation for the furnishing of all materials, forming, placement of
concrete, placement of reinforcing steel, finishing, curing, and other
' related work necessary to complete the work. This item is specifically for
headwalls and aprons on pipe culverts, drop inlet boxes, and as directed by
the Engineer.
' Item 12 - Adjustment of Manholes to Grade. Payment will be made in
accordance with the unit price bid each for the adjustment of manholes to
grade. This price shall be full compensation for adjusting manholes, for
' excavation and backfill, and for all materials, labor, tools, equipment and
incidentals necessary to complete the work.
' Item 13 - Adjustment of Valve Boxes to Grade. Payment will be made in
accordance with the unit price bid each for the adjustment of valve boxes to
grade, including concrete valve box pad. This price shall be full
' compensation for adjusting valve boxes, for excavation and backfill, and for
all materials, labor, tools, equipment and incidentals necessary to complete
the work.
' Items 14, 15 and 16 - 12 Inch, 15 Inch, and 24 Inch Reinforced Concrete
Storm Sewer Pipe. Payment for reinforced concrete storm sewer pipe shall be
made for the linear feet of pipe installed as shown on the plans. The price
'bid shall include every item of work necessary to install the pipe, including
rock excavation, if any; common excavation; bedding of the pipe; and
backfilling the entire excavated area. Payment for SB-2 trench backfill will
be made under Proposal Item No. 6.
Item 17 - 15 Inch Storm Sewer Pipe (Reinforced Concrete, Galvanized or
Aluminized Steel). Payment for 15 inch storm sewer pipe shall be made for
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the linear feet of pipe installed as shown on the plans. The price bid shall
include every item of work necessary to install the pipe, including rock
excavation, if any; common excavation; bedding of the pipe; and backfilling
the entire excavated area. Payment for SB-2 trench backfill will be made
under Proposal Item No. 6.
Items 18 and 19 - 24 Inch and 18 Inch Slotted Storm Sewer Pipe. Payment
for slotted storm sewer pipe shall be made for the linear feet of pipe
installed as shown on the plans. The price bid shall include every item of
work necessary to install the pipe, including rock excavation, if any; common
excavation; bedding of the pipe; and backfilling the entire excavated area
with grout. Payment shall include the furnishing and placement of coarse
grout as required.
Item 20 - 6 Inch Vitrified Clay Pipe Sewer. Payment for 6 inch sewer pipe
shall be made for the linear feet of pipe installed, complete in place. The
unit price bid shall include furnishing the pipe, crushed stone bedding
gravel for pipe as specified, and every other item of work required to
install the pipe in a trench. Additional compensation will only be made for
those items of work specifically set out in the Proposal. Measurement will
be in accordance with final lengths of pipe installed without deduction for
manholes, as determined from survey notes made by the Engineer in the course
of setting construction survey stakes.
Item 21 - Manholes. Payment for manholes 0 to 8 feet in depth shall be
made at the unit price bid and shall include every item of work necessary for
a complete installation. No additional payment will be made for rock
excavation in excess of the standard ditch width for the size of pipe being
constructed.
Item 22 - Drop Inlet Boxes. Payment for drop inlet boxes shall be made at
the unit price bid and shall include concrete, steel, grate, and every item of
work necessary for a complete installation.
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