HomeMy WebLinkAbout83-82 RESOLUTIONRESOLUTION NO. — eic-
h.
r.
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A CONTRACT WITH JERRY D. SWEETSER, INC.
FOR THE CONSTRUCTION OF SIDEWALKS AND STORM DRAINAGE
ON HAPPY HOLLOW ROAD FROM 4TH STREET TO HUNTSVILLE
ROAD.
BE IT RESOLVED'BY-"THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
That the Mayor and City Clerk are hereby authorized and
directed to execute a contract with Jerry D. Sweetser, Inc.
for the construction of sidewalks and storm drainage on
Happy Hollow Road from 4th Street to Huntsville Road at a
total contract price of $40,833.35..
PASSED AND APPROVED this day of
'ATTEST._:‘7/44'
'.
' CITY CLERK
{
APPROVED:
1982.
MAYOR
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SPECIFICATIONS
SIDEWALK AND DRAINAGE
IMPROVEMENTS
Community Development Block Grant Program
City of Fayetteville , Arkansas
DHUD Project No. SW- 8111
PLANS NO. FY -108
Dated JUNE 1982
McGoodwin , Williams and Yates, Inc.
Consulting Engineers
Fayetteville , Arkansas
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SPECIFICATIONS
SIDEWALK AND DRAINAGE
IMPROVEMENTS
Community Development Block Grant Program
City of Fayetteville, Arkansas
DHUD Project No. SW- 8111
PLANS NO. FY -108
Dated JUNE 1982
McGoodwin , Williams and Yates, Inc.
Consulting Engineers
Fayetteville 1 Arkansas
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Advertisement for Bids
Information for Bidders
TABLE OF CONTENTS
Supplement to Information for Bidders
U. S. Department of Housing and Urban Development Forms
*Certification of Bidder Regarding Equal
Employment Opportunity
Certification by Proposed Subcontractor Regarding
Equal Employment Opportunity
*Contractor's Certification Concerning Labor Standards
and Prevailing Wage Requirements
Subcontractor's Certification Concerning Labor Standards
and Prevailing Wage Requirements
Certificate of Owner's Attorney
**Bid Bond
Federal Wage Determination
Bid for Unit Price Contracts
Contract
Performance Bond
Payment Bond
General Conditions
Index to General Conditions
Supplemental General Conditions
Special Conditions
General Specifications
Street and Drainage Improvements
Detailed Specifications
1. Scope of the Work
2. General. Specifications
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Pages 3-1, 3-3 and 3-4 are to be filled in and submitted
Bid bond to be used if bond is submitted as bid security
cash or certified check. Extra copy provided.
Page No.
with bid.
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2-5
3-1
3-2
3-3
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3-7
3-8
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8-27
8-28
8-35
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17-1
rather than
Page No.
3. Completion Time and Liquidated Damages 17-1
4. Safety and Health Regulations and Contract Requirements 17-1
5. Quality of the Plans 17-2
6. Elevation Data 17-2
7. Lands and Rights of Way 17-2
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 17-5
18. Sidewalk and Drainage Construction
A. General 17-7
B . Sequence of the Work 17-7
C. Site Preparation 17-7
D . Clearing and Grubbing 17-7
E . Stripping 17-7
F. Excavation and Embankment 17-7
G . Compaction of Subgrade Under Sidewalks 17-8
H . Soil Testing 17-8 '
I. Removal and Disposal of Structures 17-8
J . Removing Old Culverts 17-9
K. Fence Removed and Reconstructed 17-9
L . Shaping and Widening Roadway Section 17-9
M. Removal and Replacement of Signs, Mailboxes, Etc. 17-9
N. Undercuts 17-9
O . Crushed Stone Base Material 17-9
P . Portland Cement Concrete Pavement 17-9
Q. Concrete Drive Repair 17-10
R. Concrete Curb and Gutter 17-10
S. Drainage Structures and Ditches 17-11
T. Topsoiling, Seeding and Straw Mulching 17-11
U . Storm Sewer Drains 17-11
✓ . Manholes, Valve Boxes Adjusted to Grade 17-11
W. Cleanup 17-12
X. Watering 17-12
Y. Miscellaneous Items 17-12
19. Final Inspection and Establishment of Warranty Period 17-13
20. Methods of Measurement and Payment 17-14
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U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
ADVERTISEMENT FOR BIDS
Project No. SW -8111
City of Fayetteville, Arkansas
(Owner)
Separate sealed bids for Sidewalk and Drainage Improvements
HUD -4238•A
(5-66)
Happy Hollow Road from Huntsville Road to 4th Street
for
will be received by the Community Development Department
at the office of the Director, Community Development, 530 B N. College, Fayetteville,AR 72701
until 10:00o'clock a.m., Central D.S.T.,
office publicly opened and read aloud.
June 29
, 1982 , and then at said
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
Copies may be obtained at the office of
above address
said engineers
such payment not refundable.
upon payment of S 25.00
located at
for each set,
The owner reserves the right to waive any informalities or to reject any or all bids.
Each bidder must deposit with his bid, security in the amount, form and subject to the conditions provided in
the Information for Bidders.
Attention of bidders is particularly called to the requirements as to conditions of employment to be observed
and minimum wage rates to be paid under the contract.
No bidder may withdraw his bid within 30days after the actual date of the opening thereof.
June 11, 1982
(Date)
1-1
Richard E. Mason, Director
Community Development Department
GP0 863-156
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U. S. OL PAR !MINT O: MOUSING ANO UPOAN Of vaorMENT
INFORMATION FOR BIDDERS
1. Receipt and Opening of Rids
The Fayetteville Community Development Department
HUD h23F-E(R)
(herein called
the "Owner"), invites bids on the form attached hereto, all blanks of which
must be appropriately filled in. Bids will be received by the Owner at the
office
of the Director
o'clock A.M. Central D.S.T.,
June 29
until 10:00
19 82 , and then at
said office publicly opened and read aloud. The envelopes containing the bids
Director,. Community Development Department
must be sealed, addressed to
' at 530 B North College, Fayetteville, AR 72701 and designated as Bid for
Sidewalk and Drainage Improvements
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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 -1x238 -CD -1, and Certification by Bidder (Contractor), concerning Labor
Standards and Prevailing Wage Requirements, Form HUD -1h21. All blank
spaces for bid prices must be filled ih, 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•proje.ct 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 thecurrent eligibility status, and,
b Must submit Form HUD-11238-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 -11422. 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 is not required to attach such Certifications by proposed
subcontractors to his bid, the bidder 1s 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 price but should
provide the addition or subtraction or other modification so that the final
prices or terms will not be known by the Owner until the sealed bid is opened.
If written confirmation is not received within two days from the closing time.
no consideration will be given to the telegraphic modification.
5. Method of Bidding
The Owner invites the following bid(s):
SIDEWALK AND DRAINAGE IMPROVEMENTS
6. Qualifications of Bidder
The Owner may make such investigations as he deems necessary to determine the ability
of the bidder to perform the work, and the bidder shall furnish to the Owner all such
information and data for this purpose as the Owner may request. The Owner reserves
the right to reject any bid if the evidence submitted by, or investigation of, such
bidder falls 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 returnedpromptlyafter 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 Chas received notice of the accept-
ance of his bid, shall forfeit to the Owner. as liquidated damages for such failure
or refusal, the security deposited with his bid.
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9. Time of Completion and Liquidated Damages
Bidder must agree to commence work on or before a date to be specified in a
written "Notice to Proceed" of the Owner and to fully complete the project
w ithin 45 consecutive calendar days thereafter. Bidder must agree also to
pay as liquidated damages, the sum of $ 50.00 for each consecutive
calendar day thereafter as hereinafter provided in the General Conditions.
10. Conditions of Work
Each bidder must inform himself fully of the conditions relating to the con-
struction of the project and the employment of labor thereon. Failure to do so
will not relieve a successful bidder of his obligation to furnish all material
and labor necessary to carry out the provisions of his contract. Insofar as
possible the contractor, in carrying out his work, must employ such methods or
means as will not cause any interruption of or interference with the or of
any other contractor.
11. Addenda and Interpretations
No interpretation of the meaning of the plans,
documents will be made to any bidder orally.
specifications or other pre-bid
Every request for such interpretation should be in writing addressed to
909 Rolling Hills Drive
at Fayetteville, Ark. 72701
McGoodwin, Williams and Yates,-Iinc.
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 Qat the respective addresses fur-
n ished for such purposes), not later than three days prior to the date fixed
for the opening of bids. Failure of any bidder to receive any such addendum or
interpretation shall not relieve such bidder from any obligation under his bid
as submitted. All addenda so issued shall become part of the contract documents.
12. Security for Faithful Performance
Simultaneously with his delivery of the executed contract, the Contractor shall
furnish a surety bond or bonds as security for faithful performance of this
contract and for the payment of all persons performing labor on the project
u nder this contract and furnishing materials in connection with this contract,
as specified in the General Conditions included herein. The surety on such
bond or bonds shall be a duly authorized surety company satisfactory to the
Owner.
13. Power of Attorney
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Attorneys -in -fact who sign bid bonds or contract bonds must file with each bond
a certified and effectively dateti 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) Wage rates.
(d) Stated allowances.
15. Laws and Regulations
The bidder's attention is directed to the fact that all applicable State laws,
municipal ordinances. and the rules an(i 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 to Fora HUD-L238-B(E)
IrvFORiMATIO,•, FOR BIDDERS
18. SAFETY STANDARDS ND ACCIDENT P?EVENi=
With respect to all work performed ender this contract, the contractor
shall:
1. Comply with the safety standards provisions of applicable laws,
building and construction codes and the "Manual of Accident Prevention in
Constriction" 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. ever,;' precaution at all times for the prevention of accidents
and the protection of persons (including employees) and property.
3. Maintain at his office or other well known place at the job site, all
articles necessary for giving first aid to the injured, and shall make_
standing arrangements for the ln.edia e removal to a hospital or a doctor's
care of persons (including employees), who may be injured on the job site.
In no case shall employees be permitted to work at a job site before the
employer has made a standing arrangement for removal of injured persons to
a hospital or a doctor's care.
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U. S. OE PAP. TmE.N T OF HOUSItIG AND URBAN DEVELOPMENT
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CERTIFICATION OF BIDDER REGARDING
.EQUAL EMPLOYMENT OPPORTUNITY
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This certification is required pursuant to Executive Order 11246 (30 F. R. 1231925). The implementing
rules and regulations provide that any bidder or prospective contrcctar, or any of their proposed subcon-
tractors, shall state as an initial part of the bid or negotiations of the contract whether it hos partici-
pcted in any previous contrcct or subc ontrcct subject to the equal opportunity clause; and, if so, whether
it has filed all ccmplicnce reports due under applicable instructions.
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INSTRUCTIONS
HUD -4238 -CO -
(6 -51,
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 calender days
1.1 after bid opening. No contract shall be owarded unless such report is submitted.
D. CERTIFICATION BY BIDDER
Bidder's Name: 3a'/ . utiEETsEirt j )tC
111 Address: Lit.).( 579
1. -Lc , A�
77 70 a-
' 1. Bidder has participated in a previous col -watt cr subcontract subject to the Equal Opportunity
Clause. Yes allo ❑
' 2. Compliance reports were required to be filed.in connection with such contract or subcontract.
Yes R---tio E
I 3. Bidder hos filed all ccmplicnce reports due under applicable instructions, including SF -100.
Yes GlNo El None Required E
4. If answer to item 3 is " No," please explcin in detail on reverse side of this certification.
Certification — The information above is true and complete to the best of my knowledge and belief.
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JE2P_y . - sNE� SSP -
Na E AN TITLE OF SIGNER (PLEASE YPEI
27/A� LIGr1A TORE
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[Previous 0•:;J a e1
29 Sotu27'
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The prime contractor shall have his subcontractors submit this form
for approval of subcontracting firms before award of any subcontract.
FORM APPROVED
BUDGET BUREAU NO. 63.R1138
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING
EQUAL EMPLOYMENT OPPORTUNITY
HUD-4772.CO.2
12-671
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 ony 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 appliccble 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.
Subcontractors Name:
Address:
SUBCONTRACTOR'S CERTIFICATION
1. Bidder hos participated in a previous contract or subcontract subject to the Equal Opportunity Clouse.
Yes El No
2. Compliance reports were required to be filed in connection with such contract or subcontract.
Yes • No
3. Bidder hos filed all compliance reports due under applicable instructions, including SF -100.
Yes • No In None Required
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4. If onswer to item 3 is "No," please explain in detail on reverse side of this certification.
Certification — The information above is true and complete to the best of my knowledge and belief.
NAME AND TITLE OF SIGNER ;Please Type)
2157B9 -P
SIGNATURE DATE
3-2
Previous Editions Obsolete
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U.S.:eias l+,[NI Ur HIISING .nu UI:IAN ut LLGG•IENI
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
CONTRACTOR'S CERTIFICATION
CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS
TO (Approprwrc Aer:p,c:J:
City of Fayetteville, Arkansas
OATE
9 July 1982
ua Director,
Community Development Department
1. The undersigned, having executed a contract with
PROJECT NUNBER (Ifany)
SW -8111
PROJECT ReRE
Sidewalk and Drainage Tmpvrs.
the City of Fayetteville, Arkansas
for the construction of the above -identified project, acknowledges that:
(a) The Labor Standards provisions are included in the aforesaid contract;
(b) Correction of any infractions of the aforesaid conditions, including infractions by any of his subcontractors and
any lower tier subcontractors. is his responsibility;
2. He certifies shot:
(a) Neither he nor any firm, partnership or association in which he has substantial interest is designated as an
ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6(b) of the Regulations
of the Secretary of Labor, Part 5 (29 CFR. Part 5)or pursuant to Section 3(a) of the Davis -Bacon Act, as
amended (40 U.S.C. 2760-2(a).
(b) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such sub-
contractor or any firm, corporation, partnership or association in which such subcontractor has a substantial •
interest is designated as an ineligible contractor pursuant to any of the aforementioned regulatory or statutory
provisions.
3. He agrees to obtain and forward to the aforementioned recipient within ten days after the execution of any subcontract,
including those executed by his subcontractors and any lower tier subcontractors, a Subcontractor's Certification
Concerning Labor Standards and Prevailing Wage Requirements executed by the subcontractors.
4. He certifies that:
(a) The legal ncme and the business address of the undersigned are:
Jerry D. Sweetser, Inc.
P. 0. Box 579, Fayetteville, Arkansas 72702
(b) the vndeesvned is:
111 A SINGLE PROPRIETORSHIP
ql n CORPORATION ORGANIZED IN THE STATE OF
Arkansas
tat A P ARTNERSKIP
141 OT n ER O Noma a ATIOR I0e:(nbe)
(c) The name, title end address of the owner, partner et alf; cers of the senders i gnea are:
NAME
TITLE
ADDRESS
Jerry D. Sweetser
President
Box 579, Fayetteville,
Paul E.
Tunstill
Vice -President
it
Slimrnn T SWPP 1 - me -r`
Serve -Lary
tt
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nuU-Il:, to-JSI
AR
(d) 11.e nn.aeS cna se .a' m cil toner 1.enon t, Lvh calsnal and encorate. having a bunsIannut 'Merest m file vneeni.g.ta d,
end the nature .i the inters sr re Ji....,,
MI+E
*ODP
N ATUPECF ,NT
EST
N/A
e) Tha names, addresses and trade dassrftc tions of all other budding constrvctta contractors to .h¢h the undersigned has
a substantial Inter -sr ore rlr "-sm.. to rrarerr
NAarf AOOPESS
TP*DE Ct..% ,CATION
N/A
Doi.
9 July 1982
By
WARNING
Jerry D. Sweeten, Tnr
(ConNunor/
Paul E. Tunstill
Vice -President
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V.S. Com,aal Code. Stetson tOtO. Title IS. V.S.C.. amude• m pan: "Whoever v ekes, , Olen or F.btoskn ens,
ktet.m.a, knowing me same to be 1d5 n.0 be toned not more Lion $S.000 or nicotined not more than too T cart, or bask."
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The prime contractor shall have his subcontractors submit this form
for approval of subcontracting firms before award of any subcontract.
U.S. DEPARTMENT OF HOUSING AND URBAN OEYELOPMENT
SUBCONTRACTOR' -S CERTIFICATION
CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS
TO (Aprvoptiasc Recipient/: DATE
c(O
PROJECT NUMBER (IJ pep/
•
PROJECT NAME
1. The undersigned, having executed a contract with
for
(Lantruc f or o, ]u Arant [Jewel
(i nm,e of aom/
in the amount of S
in the construction of the above -identified project, certifies that:
(a) The Labor Standards Provisions of The Contract For Construction are included in the aforesaid contract.
(b) Neither he nor any firm, corporation, partnership or association in which he has a substantial interest is
designated as an ineligible contractor by the Comptroller General of the United States pursuant to Section S.6(o)
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. 276a -2(o)),
(c) "No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such
subcontractor or any firm, corporation, partnership or association in which such subcontractor has a
substantial interest is designated as an ineligible contractor pursuant to the aforesaid regulatory or
statutory provisions.
2. He agrees to obtain and forward to the contractor, for transmittal to the recipient, within ten days after the execution
of any lower subcontract, a Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Require-
ments, executed by the lower tier subcontractor, in duplicate.
(a) The workmen will report for duty on or about
1 Dare/
3. He certifies that:
(a) The legal name and the business address of the undersigned are:
(b)' The undersigndd is:
111 A SINGLE PROPRIETORSHIP:
IJI A CORPORATION ORGANIC ED IN THE STATE OF:
121 A PARTIIERSHIP:
I41 OTHER ORGANI2 ATION WAS tribe)
(c) The name, title and address of the owner, partners or officers of the undersign d are:
NAME
ADDRESS
TITLE
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MUO-1122 ISIS}
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Id) The names ono addresses of all ether person., bath no• ural and corporate. having o substantia. interest in the undersigned,
and the nature al the interest ere (ll none. so ,eats':
NAME
ADDRESS
NATURE OF INTEREST
(e) The names, addresses and trade cla •il•caba ns al all other building :construction contractors ,n which the undersigned hos
a substantial interest are'll nurse. se smu8
NAME
ADDRESS
TRADE CLASSt FICATION
(Subcontractor)
By
(Signature)
WARNING
(Typed \amt. and Tsil el
U.S. Criminal Code. Section I010, Title 19, U.S.C.. provides in pare "Whoever makes, , utters, or publishes any
statement. knowing the same to be false shall be lined not mor. than 55,OD0 or ,mpRsoned not more than Iwo year:, or both."
3-6
CPO ess.ee4
HUD.l2aa•1
(2.C6)
U.S. Department of Housing and Urban Development
CERTIFICATE OF OWNER'S ATTORNEY
I, the undersigned, James N'. McCord
the
duly authorized and acting legal representative of
Fayetteville, Arkansas
the City of
follows:
do hereby certify as
I have examined the attached contract(s) and surety bonds and the manner
of execution thereof, and I am of the opinion that each of the aforesaid
agreements has been duly executed by the proper parties thereto acting
through their duly authorized representatives; that said representatives
have full power and authority to execute said agreements on behalf of the
respective parties named thereon; and that the foregoing agreements consti-
tute valid and legally binding obligations upon the parties executing the
same in accordance with terms, conditions and provisions thereof..
Date:
7-6-Y2
3-7
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`: `
UNITED STATES IARANTY COMPANY
� Y1
(A StuckCofopany)
ti
BID BOND
Y'.
BONDNUMBER ........................................................................................
:Yr
KNOW ALL MEN BY THESE PRESENTS:
._
THAT..._J2Y Y,y..._D-.... Ser:.......�ITxG......
33
.SS:?. ....................................................................................................................................
E:
.................................................................................................................... of
......_Fayetteville, ....AR......................--..--.....................
............................................................................................................................................................. as Principal , and UNITED STATES FIDELITY AND
GUARANTY COMPANY, a Maryland corporation, as Surety, are held and firmly bound unto....G.i.ty.....of....Fayettev.ill.e.,..........
Arkansas
......................................................................................................................................................................................................•••••.••••••
J
as Obligee, in the full and just sum af....k'.7.3Le....P.e.rC.lwA.t...of ....H1.d.........CS.$....Ll£....h1d.).......................................................
.................................................................................................................................................................................................................................. Dollars.
lawful money of the United States, for the payment of which sum, well and truly, to be made, we bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
!.?:
i
WHEREAS, the said Principal is herewith submitting its proposal for furnishing all labor and
material for the construction of sidewalk & drainage improvements
.�
for Happy Hollow Road, from Huntsville Rd. to 4th St., Fayetteville
H
AR, in accordance with plans and specifications prepared by
E=
[
McGoodwin, Williams, Yates, Engineers. (HUD Project 8111)
p`Lk
E"I
THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will, within the
d:€
t..3
�'.
time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions f
o
{[t
ra
the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between
the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work
i
if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof.
Signed, sealed and delivered June 29 1.9.82.
..ate ...........
.....
-
(Date)
err D. Sweet er, C. AU
.... ..'� ............... .......................... 5 u
EA":
....... ... ................................................................(
Secrend nt
y
:1
UNITED STATES FIDELITY AND GUARANTY COMPANY
Ih
.......... ...../ .-:.................................................................,
A. P. Eason, Jr. Attorney -in -fact
r .. , + : T .. --ITT, i M ,TII TC .... a. _ TI v.? i 4, f? •
f.
.:if :_ i. 1 Af :iiy �. �:. It �. 1<'�^ice.: f__v.Y vw.0 f nl r4n f +
.....u.ult.....]i \J....�.......i:_u+�.L11=---•�`�'
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1
.. .! ....Sir.x�... rf.....i...r.. t....• .. •1
Contract 11 (Revised) (1-i4)
Y
CERTIFIED COPY
GENT£RAL POWER OF ATTORNEY
No............ S.! S03
Know all Men by these Presents:
That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the
State of Maryland. and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint
A. P. Eason, Jr.
of the City of Fayetteville ,State of Arkansas
its true and lawful attorney in and for the State of Arkansas
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for the following purposes, to wit:
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and
all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY
COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES
FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies. and confirms all and whatsoever the said
A. P. Eason, Jr.
may lawally do in the premises by virtue of these presents.
In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be
scaled with its corporate seal, duly attested by the signatures of its Vice -President and Assistant Secretary, this 17th day of
-lay , A. D. 19 73
(Signed)
(SEAL)
(Signed)
STATE OF MARYLAND,
ss:
BALTIMORE CITY.
UNITED STATES FIDELITY AND GUARANTY COMPANY.
gy Charles W. Boone
...........................................
Vice -President.
^!, G. Iiilvard
..................................
Assistant Secretary.
On this 17th day of May , A. D. 1974 , before me personally came
Charles S. ,Boone ,Vice -President of the UNITED STATES FIDELITY AND GUARANTY
COMPANY and W. C. Hi lvard , Assistant Secretary of said Company, with both of
whom I am personally acquainted, who being by me severally duly sworn, said that they resided in the City of Baltimore, Maryland;
that they, the said Charles W. Boone and :'1 . G. Ili iyar d were respectively
the Vice.President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the cor-
poration described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the
seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corpora-
tion, and that they signed their names thereto by like order as Vice -President and Assistant Secretary, respectively, of the Company.
My commission expires the first day in July, A. D. 19...?`.i...
(SEAL) (Signed) Herbert J. ,lull
.........................................
Notary Public.
STATE OF MARYLAND )
1} Set.
BALTIMORE CITY,
I. Robert 11. Bouse , Clerk of the Superior Court of Baltimore City, which Court is a
Court of Record, and has a seal, do hereby certify that Herbert J. Au11 . Esquire, before
whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the
State. of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take
acknowledgments. or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said
Notary, and verily believe the signature to be his genuine signature.
In Testimony Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore City, the same being a Court
of Record. this 17th day of A. D. 19 71
(SEAL) (Signed) 2abert, H. 3nLse
8 ) .........................
......................................
Clerk of the Superior Court of Baltimore City.
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NOLLII'1OS3U 30 AdO) '
' Federal Register/ Vol. 48, No. 142 / Friday, July 24. 195: / Notices 38249
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Friday,
July 24, 1981
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U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
1)' BID FOR UNIT PRICE CONTRACTS
Place Fayetteville, Arkansas I
Date June 29, 1982
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Project No. DHUD No. SW 8111
Proposal of - Jerry D. Sweetser, Inc. (hereinafter
called "Bidder")* a corporation, organized and existing under the laws of the
State of -Arkansas • * a_partnatshipr_nr_au_ n4iv dual —fie eg—bne4nees '
as
To the Community Development Department
City of Fayetteville, Arkansas (hereinafter called "Owner")
Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction
of Sidewalk and Drainage Improvements
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 45 consecutive calendar days thereafter as stipulated in
the specifications. Bidder further agrees to pay as liquidated damages. the sum
of $ 50.00 for each consecutive calendar day thereafter as hereinafter
provided in Paragraph 19 of the General Conditions.
Bidder acknowledges receipt of the following addendum:
Insert corporation, partnership or individual as applicable.
I
•MUD-dP°D(:-59) Replac<a CFA•9?2-O which is obsolete
5-1
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
Description and Unit or Lump Sum Price Bid
Total
No.
Quantity
Amount
1.
Lump Sum
Site Preparation
Two
thousand Two
hundred and no/100--------------------- dollars
$ 2,200.00
(Amount written in words.)
(In figures.)
2.
400
Cubic Yards, Furnishing and Compacting
Approved Subgrade Material for Compacted
Areas, complete in place
• Four and no/100------------------------- dollars( 4.00 )C.Y. $ 1,600.00
3. 500 Tons, Compacted SB-2 Material,
complete in place
Eight and no/100-------------------------- 8.00 4,000.00
dollars( )Ton $
• 4. 1,000 Linear Feet, Concrete Curb and Gutter,
complete in place
Four and 50/100 ------------------------ dollars( 4.50 )L.F. $ 4,500.00
5. 5 Each, Drop Inlet Boxes, including
Manhole Ring and Lid, complete in place
Eight hundred and no/100---- --------- 800.00 4,000.00
dollars( .iEach $
6. 400 Square Yards, Nonreinforced Portland Cement
Concrete Sidewalks, complete in place
Ten and no/100--------------------------- dollars( 10.00 )S.Y. $ 4,000.00
7. 375 Square Yards, 6" Nonreinforced Portland
Cement Concrete Pavement, complete in place
Twelve and no/100------------------------- dollars( 12.00 )S Y. $ 4,500.00
8. 248 Linear Feet, 15" Storm Sewer Pipe,
complete in place
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Eleven and 81/100 -------------------------- dollars( 11.81 )L.F. $ 2,928.88
9. 317 Linear Feet, 18" Storm Sewer Pipe,
complete in place
Twelve and 68/100 ---------------------- dollars( 12.68 )L_F. $ 4,019.56
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' Item Estimated Total
No.Quantity Description and Unit or Lump Sum Price Bid Amount
' 10. 581 Linear Feet, 24" Storm Sewer Pipe,
complete in place
Fourteen and 56/100 ------------------------ 14.56 8,459.36
dollars( )L.P. $
11. 15 Linear Feet, 30" Storm Sewer Pipe,
complete in place.
Twenty-eight and 37/100 ------------------- dollars( 28.37)L.F. $ 425.55
12. 1 Each, Adjustment of Manhole to Grade
Two hundred and no/100-------------------- dollars( 200.00 )Each $ 200.00
TOTAL, Items 1 through 12 ------------------------------$ 40,833.35
(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 30 calendar days after the scheduled closing time for receiving bids.
Upon receipt of written notice of the acceptance of this bid, bidder will execute the
' formal contract attached within 10 days and deliver a Surety Bond or Bonds as
required by Paragraph 29 of the General Conditions. The bid security attached in
the sum of 5% of total dollars ($ )
is to become the property of the Owner in the event the contract and bonds are not
executed within the time above set forth, as liquidated damages for the delay and
additional expense to the Owner caused thereby.
' Respectfully submitted,
• (Seal - if bid is by corporation.)
By /s/ Jerry D. Sweetser
Box 579, Fayetteville, AR 72702 (Signature)
' (Business Address and Zip Code)
President
' Arkansas License No. 82-1092 ' (Title)
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HU0-4238-F
(6.66)
CONTRACT
THIS AGREEMENT, made this day of .19 82 ,by and
' between the City of Fayetteville, Arkansas „
herein called Owner, acting
(Corporate Name of Owner)
Community Development Department
' herein through its ,and
(Title of Authorized Official)
Jerry D. Sweetser, Inc. -
STRIKE OUT (a corporation) (partttasfrip)
INAPPLICABLE (aeind:ridt}eFdain bmirresss
TERMS )
of Fayetteville County of Washington ,and State of Arkansas
' hereinafter called "Contractor." -
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be
made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete
the construction described as follows:
SIDEWALK AND DRAINAGE IMPROVEMENTS
Forty thousand
hereinafter called the project, for the sum of Eight hundred Thirty-three and 35/100 --- Dullars
(S * ) and all extra work in connection therewith, under the terms as stated in the General and Special Con-
ditions of the Contract: and at his (its or their) own proper cost and expense to furnish all the material_, supplies,
machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to corn-
' 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 McCoodwin, Williams and Yates, Inc. ,herein entitled the A,a ritprt/Enginrer,
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 45 consecutive calendar days
thereafter. The Contractor further agrees to pay, as liquidated damages, the sum of S 50.00 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.
* $40,833.35
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(Seal)
. Ye,�• � _} I\' WITNESS WHEREOF, the parties to these presents have executed this contract in six (6) counterparts, each
,yam of which- shall be deemed an original, in the year and day first above mentioned.
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�; : (Beall •"' Z City of Fayetteville, Arkansas
Mayor
Jerry D. Sweetser, Inc.
(Contractor)
VECE PIZE0ID≤1JT
(Title)
P. 0. Box 579
Fayetteville, Arkansas 72702
(Address end Zip Code)
NOTI,: Secretary of the Owner should attest. If Contractor is a corporation. Secretary should attest.
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HUD -4238-F (6-66)
6-2
GPO a69-380
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PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That we (1)
a (2)
Jerry D. Sweetser, Inc.
corporation
"Principal" and (3) United States Fidelity & Guaranty Co.
hereinafter called
' of , State of Maryland , hereinafter
called the "Surety," are held and firmly bound unto (4) the City of Fayetteville,
Arkansas , hereinafter called "Owner," in the penal sum of
Forty thousand Eight hundred Thirty-three and 35/100 ---------------- -
--------------------- dollars 40,833.35
($ ) in lawful money of the United
States, for the payment of which sum well and truly to be made, we bind ourselves, our
heirs, executors, administrators and successors, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into
a certain contract with Owner, dated the day of , 19 82
a copy of which is hereto attached and made a part hereof for the construction of:
Sidewalk and Drainage Improvements
' NOW THEREFORE, if the Principal shall well, truly and faithfully perform its
duties, all the undertakings, covenants, terms, conditions, and agreements of said
contract during the original term thereof, and any extensions thereof which may be
granted by the Owner, with or without notice to the Surety, and if he shall satisfy
' all claims and demands incurred under such contract, and which it may suffer by reason
of failure to do so, and shall reimburse and repay the Owner all outlay and expense
which the Owner may incur in making good any default, then this obligation shall be
' void; otherwise to remain in full force and effect.
PROVIDED, 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
1 shall abridge the right of any beneficiary hereunder, whose claim may he 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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I1.
IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one
of which shall be deemed an original, this the day of , 19_.
ATTEST:
Address
ATTEST:
(Surety) Secretary
Jerry D. Sweetser, Inc.
Principal
P. 0. Box 579
Fayetteville, Arkansas 72702
Address
United States Fidelity & Guaranty Co.
Surety
By:
A.P. Eason, Jr. (At rney in Fact
P.O. Box 4217, Fayetteville, AR
Address
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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CERTIFIED COPY
GENERAL POWER OF ATTORNEY
Know all Men by these Presents:
That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the
State of Maryland. and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint
A. P. Eason, Jr.
of the City of Fayetteville ,State of Arkansas
its true and lawful attorney in and for the State of Arkansas
' for the following purposes, to wit:
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and
all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY
COMPANY. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES
' FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said
A. P. Eason, Jr.
may lawfully do in the premises by virtue of these presents.
In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be
'sealed with its corporate seal, duly attested by the signatures of its Vice -President and Assistant Secretary, this 17th day of
May A. D. 1974
UNITED STATES FIDELITY AND GUARANTY COMPANY.
' Charles ... Bone
(Signed) By............................o...........................
Vice -President.
(SEAL) ly, G, 1Ii1 and
• ( Signed) Y ..................................
Assistant Secretary,
STATE OF: MARYLAND, )
-BALTIMORE CITY, 11
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�0n�thisJ jg' 17th day of May , A. D. 1974 , before me personally came
' '.•• is Charles W. Bonne , Vice -President of the UNITED STATES FIDELITY AND GUARANTY
' COMPPNYYand ry, 'G. Hi lj•ard , Assistant Secretary of said Company, with both of
whom I`ampersonally acquainted, who being by me severally duly sworn, said that they resided in the City of Baltimore, Maryland;
that tliey,'tf:&said Charles W. Boone and I4. G. Hilyard were respectively
the Vice -President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the tor-
t poration described in and which executed the foregoing Power of Attorney: that they each knew the seal of said corporation: that the
seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corpora-
tion, and that they signed their names thereto by like order as Vice -President and Assistant Secretary, respectively, of the Company.
My commission expires the first day in July, A. D. 19..7h...
' (SEAL) (Signed) Herbert .....
Notary Public.
STATE OF MARYLAND
Sct.
'
BALTIMORE CITY,
1. Robert II. Bouse . Clerk of the Superior Court of Baltimore City, which Court is a
Court of Record, and has a seal, do hereby certify that Herbert J. Aull Esquire, before
whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the
State of Maryland. in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take
acknowledgments, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said
Notary, and verily believe the signature to be his genuine signature.
In Testimony Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore City, the same being a Court
of Record. this 17th day of I_la4, . A. D. 19 t'1
(SEAL) (Signed) Robert if. Bn se
...............................................................
I. Clerk of the Superior Court of Baltimore City.
FS 3 (9-67) ^"••
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PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That we (1) Jerry D. Sweetser, Inc.
a (2) corporation hereinafter called
' "Principal" and (3) United States Fidelity & Guaranty Co.
of , State of Maryland , hereinafter
called the "Surety," are held and firmly bound unto the City of Fayetteville,
Arkansas , hereinafter called "Owner," in the penal sum of Forty thousand
Eight hundred Thirty-three and 35/100 --------------------------- dollars
($ 40,833.35 ) in lawful money of the United States, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs, executors, administrators and
' successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION. is such that whereas, the Principal entered into
' a certain contract with Owner, dated the day of , 19 82,
a copy of which is hereto attached and made a part hereof for the construction of:
' Sidewalk and Drainage Improvements
NOW THEREFORE, if the Principal shall promptly make payment to all persons, firms,
' subcontractors and corporations furnishing materials for or performing labor in the
prosecution of the work provided for in such contract, and any 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.
I.
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.
I
' 7-3
PROVIDED FURTHER, that no final settlement between the Owner and the Contractor
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.'
' This bond is given in compliance with Act 351, Arkansas Acts of 1953, and Act
209, Arkansas Acts of 1957, the same appearing as Arkansas Statutes (1957) Section
51-635, Cumulative Supplement.
IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one
of which shall be deemed an. original, this the ______ day of , 19 82
' ATTEST:
H
IAddress
• ' ATTEST:
II
IAddress
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Jerry D. Sweetser, Inc.
Principal
P. 0. Box 579
Fayetteville, Arkansas 72702
Address
United States Fidelity & Guaranty Co.
Surety
By:
Attorney -in -Fact
P.O. Box 4217, Fayetteville, 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
I
CERTIFIED COPY -
GENERAL POWER OF ATTORNEY
No 8'!S05
Know all Men by these Presents:
That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the
State of Maryland. and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint
• A. P. Eason, Jr.
' of the City of Fayetteville State of Arkansas
its true and lawful attorney in and for the State of Arkansas
I for the following purposes, to wit:
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and
all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY
COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES
FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said
A.P. Eason, Jr.
II may lawfully do in the premises by virtue of these presents
In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be
sealed with its corporate seal, duly attested by the signatures of its Vice -President and Assistant Secretary, this 17th day of
May ,A.D.I974
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UNITED STATES FIDELITY AND GUARANTY COMPANY.
Charles W. Boone
(Signed) 13y .................................4.....................
Vice -President.
(Signed) .....V'! G.,,Iiilyard ............................
Assistant Secretary.
I 55:
On this 17th day of May , A. D. 1974 , before me personally came
Charles ,,7. Boone ,Vice -President of the UNITED STATES FIDELITY AND GUARANTY
COMPANY and Vi • G. Hilyard , Assistant Secretary of said Company, with both of
whom I am personally acquainted, who being by me severally duly sworn, said that they resided in the City of Baltimore, Maryland;
that they, the said Charles W. Boone and !7. G. Hi lyard were respectively
the Vice -President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the cor-
poration described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation: that the
seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corpora-
tion, and that they signed their names thereto by like - order as Vice -President and Assistant Secretary, respectively, of the Company.
My commission expires the first day in July, A. D. 19...7�t...
(SEAL) (Signed) Herbert J. Aull
Notary Public.
STATE OF MARYLAND ) -
I Sct.
BALTIMORE CITY,
I, Robert II. Bouse , Clerk of the Superior Court of Baltimore City, which Court is a
Court of Record, and has a seal, do hereby certify that Herbert J. Aull , Esquire, before
' whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the
State of Maryland. in and for the City of Baltimore. duly commissioned and sworn and authorized by law to administer oaths and take
acknowledgments, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said
Notary, and verily believe the signature to be his genuine signature.
' In Testimony Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore City, the same being a Court
Record. this 17th day of .''
of lay . A. 0.19 7`I
(SEAL) (Signed) . I .t if. Bouse
.....................rIt 1 ....................................
'Clerk o/ the Superior Court of Baltimore City.
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U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
1
' GENERAL CONDITIONS
1. Contract and Contract Documents
' The project to be constructed pursuant to this contract will be financed with assistance
from the Department of Housing and Urban Development and is subject to all applicable
Federal laws and regulations.
' _ The Plans, Specifications and Addenda, hereinafter enumerated in Paragraph 1 of the
Supplemental General Conditions shall form part of this Contract and the provisions thereof
shall be as binding upon the parties hereto as if they were herein fully set.forth. The table
' of contents, titles, headings, running headlines and marginal notes contained herein and in
said documents are solely to facilitate reference to various provisions of the Contract
Documents and in no way affect, limit or cast light on the interpretation of the provisions
to which they refer.
Contents*
' 1. Contract and Contract Documents 36. Stated Allowances
2. Definitions 37. Use of Premises and Removal of Debris
3. Additional Instructions and Detail 38. Quantities of Estimate - Drawings 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
Is. "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 5l. Suspension of Work
' 15. Reports, Records and Data 52. Minimum Wages
16. Superintendence by Contractor 53. Underpaynents of Wares
17. Changes in Work 54. Anticipated Fringe Penefits
18. Extras 55. Overtime Compensation
' 19. Time for Completion and Liquidated 56. Apprentices
Damages 57. Fmoloyment 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
'• 25. Payments to Contractor 63. Claims and Disputes
26. Acceptance of Final Paymentas Release 61j. Questions Concerning Regulations
- 27. Payments by Contractor 65. Payrolls and Records
28. Insurance 66. Specific Coverage
' 29. Contract Security 67. Ineligible Subcontractors
30. Additional or Substitute Bond 68. Provisions to be Included
31. Assignments 69. Breach of Labor Standards
32. Mutual Responsibility of Contractors 70. Employment Practices
' 33. Separate Contracts 71. Contract Termination; Debarment
34. Subcontracting
35. Architect/Engineer's Authority
HUD-4278S(R) P..00. edition is obsolere Fc Attachment to Federal Labor Standards Provisions
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2, Definitions I
The following terms as used in this contract are respectively defined as follows:
(a) 'Contractor'': A person, firm or corporation with whom the contract is made by the
Owner.
(b) "Subcontractor'': A person, firm or corporation supplying labor and materials or only
labor for work at the site of the project for, and under separate contract or agreement
with, the Contractor.
(c) "Work on (at) the project': Work to be performed at the location of the project, includ-
ing the transportation of materials and supplies to or from the location of the project
by employees of the Contractor and any Subcontractor.
3. Additional Instructions and Detail Drawings
The Contractor will be furnished additional instructions and detail drawings as necessary
to carry out the work included in the contract. The additional drawings and instructions
thus supplied to the Contractor will coordinate with the Contract Documents and will be so
prepared that they can be reasonably interpreted as part thereof. The Contractor shall
carry out the work in accordance with the additional detail drawings and instructions. The
Contractor and the Architect/Engineer will prepare jointly (a) a schedule, fixing the dates
at which special detail drawings will be required, such drawings, if any, to be furnished
by. the Architect/Engineer in accordance with said schedule, and (b) a schedule fixing the
respective dates for the submission of shop drawings, the beginning of manufacture, test-
ing and installation of materials, supplies and equipment, and the completion of the various
parts of the work; each such schedule to be subject to change from time to time in accord-
ance with the progress of the work.
4. Shop or Setting Drawings
The Contractor shall submit promptly to the Architect/Engineer two copies of each shop
or setting drawing prepared in accordance with the schedule predetermined as aforesaid.
After examination of such drawings by the Architect/Engineer and the return thereof, the
Contractor shall make such corrections to the drawings as have been indicated and shall
furnish the Architect/Engineer with two corrected copies. If requested by the Architect/
Engineer the Contractor must furnish additional copies. Regardless of corrections made in
or approval given to such drawings by the Architect/Engineer, the Contractor will never-
theless be responsible for the accuracy of such drawings and for their conformity to the
Plans and Specifications, unless he notifies the Architect, Engineer in writing of any devia-
tions at the time he furnishes such drawings.
5. Materials, Services, and Facilities
(a) It is understood that except as otherwise specifically stated in the Contract Documents,
the Contractor shall provide and pay for all materials, labor, tools, equipment, water,
light, power, transportation, superintendence, temporary construction of every nature,
and all other services and facilities of every nature whatsoever necessary to execute,
complete, -and deliver the work within the specified time.
(b) Any work necessary to be performed after regular working hours, on Sundays or Legal
Holidays, shall be performed without additional expense to the Owner.
6. Contractor's Title to Materials ,
No materials or supplies for the work shall be purchased by the Contractor or by any Sub-
contractor subject to any chattel mortgage or under a conditional sale contract or other
agreement by which an interest is retained by the seller. The Contractor warrants that
he has good title to all materials and supplies used by him in the work, free from all
liens, claims or encumbrances.
HUD -4238S (S_7ti
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)ection and Testing of 'Materials
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All materials and equipment used in the construction of the project shall be
adequate inspection and testing in accordance with accepted standards. The 1;
or inspection agency shall be selected by the Owner. The Owner will pay for
ratory inspection service direct, and not as a part of the contract.
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.
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.
The Contractor shall hold and save the Owner and its officers, agents, servants, and
employees harmless from liability of any nature or kind, including cost and expenses
for, or on account of, any patented or unpatented invention, process, article, or appliance
manufactured or used in the performance of the contract, including its use by the
Owner, unless otherwise specifically stipulated in the Contract Documents.
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.
If the Contractor uses any design, device or- materials covered by letters, patent or
copyright, he shall provide for such use -by suitable agreement with the Owner of such
patented or copyrighted design, device or material. It is mutually agreed and under-
stood, that, without exception, the contract prices shall include all royalties or costs
arising from the use of such design, device or materials, in any way involved in the
work. The Contractor and/or his Sureties shall indemnify and save harmless the Owner
of the project from any and all claims for infringement by reason of the use of such
patented or copyrighted design, device or materials or any trademark or copyright in
connection with work agreed to be performed under this contract, and shall indemnify
the Owner for any cost, expense or damage which it may be obliged to pay by reason
of such infringement at any time during the prosecution of the work or after completion
of the work.
Unless otherwise expressly provided for in the Specifications
Contractor all surveys necessary for the execution of the wo
The Contractor shall procure and pay all permits, license,
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.
The Contractor shall and will, in good workmanlike manner, do and
furnish all supplies and materials, machinery, equipment, facilities
I
ne rein otherwise expressly specified, necessa r•: or proper to perform and comprt-to all the
work required by this contract, within the time herein specified, in accordance with the
provisions of this contract and said specifications and in accordance with the plans and
drawings covered by this contract any and all supplemental plans and drawings, and In
accordance with the directions of the Architect/Engineer as given from time to time during
the progress of the work. He shall furnish, erect, maintain, and remove such construt tion
plant and such temporary works as may he required.
The Contractor sl,�ll observe, comply with, and be subject to all terms, conditions, rc•tiu:re-
merts, and limaatons 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 sus pens ion of work, or during inclement weather, or whenever the
Architect, Engineer shall direct, the Contractor will, and will cause his subcontractors tc
protect carefully his and their work and materials against damage or injury from the
weather. If, in the opinion of the Architect/Engineer, any work or materials shall have
been damaged or injured by reason of failure on the part of the Contractor or any of 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
:ht Cnntrnctnr shall at all times safely guard the Owner's nropertv from it.jiir'- or loss in
r t:.ir.eet.or. te.tli lh.s contract. He shall at all times safely guard and protect his own
and that of aeljac ert property from damage. The Contractor shall replace or make good any
such damage, loss or injury unless such be caused directly by errors contained in the con-
tr.ict or by the Owner, or his duly authorized representatives.
In case of an emergency which threatens loss or injury of property, and or safety of life,
the Contractor will be allowed to act, without previous instructions from the Architect.'
Engineer. in a diligent manner. He shall notify the Architect/Engineer immediately there-
.:fter. Any claim for compensation by the Contractor due to such extra work shall Se
promptly submitted to the Architect; Engineer for approval,
:':here the Contractor has not taken action but has notified the Architect 'Enrinut r of an
emergency threatening injury to persons or damage to the w.irk or and ad;oln,ng hropery,
he shall act as instructed or authorized by the Architect,'Engineer.
The amount of reimbursement claimed by the Contractor or account of any eme ritency
ertion shall be determined in the manner provided in Paragraph t7 of the General Con.'.i-
nnq,
14. Inspection
The author '..:e a rer.rr•ser.tatives and agents cfthe Department of Housing and: Urhar Uev,". .i,-
ment shall he permitted to inspect all work, materials, payrolls, reco r:s ni lw r sr,rinel,
invoices of materials, and other relevant data and records.
I Reports, Records, and Data
T',e Contractor shall submit to the Owner such schedule of quantities 1r.I casts, l: rogrrss
schedu:es. payrolls, reports, estimates, records anti other data as the Cncn. r may request
ronce rr.r..g wnr' pe rf-'rrceti or to be performed under tt..s contract.
Superintendence by Cnnirartor '
At the site of the work the Contractor shall employ a construction supe r: ntencie nt Cr fore-
man who shall have full authority to act for the Contractor. It is unit rstnod :Fat such
representative shall be acceptable to the ArchitectEne,neer anti shill oe on.: %kr.n car, hr
cnr.ti r.neri in that capacity for the particular job invca ed unless he t:a,s to b,• nr. 1..'
Contractor's payroll,
HUD - R]is.G—Im
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17. Changes in Work
r.
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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 shall be added a fixed fee to be agreed upon but not to exceed
fifteen percent (15%) of the actual cost of the work. The fee shall be compensation to
cover the cost of supervision, 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 thatthe 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 extensionthereofgrantedby the Owner, then the Contractor
does hereby agree, as a part consideration for the awarding of this contract, to pay to the
Owner the amount specified in the contract, not as a penalty but as liquidated damages for
such breach of contract as hereinafter set forth, for each and every calendar day that the
Contractor shall be in default after the time stipulated in the contract for completing the
work.
The said amount is fixed and agreed upon by and between the Contractor and the Owner
because of the impracticability and extreme difficulty of fixing and ascertaining the actual
damages the Owner would in such event sustain, and said amount is agreed to be the amount
of damages which the Owner would sustain and said amount shall be retained from time
to time by the Owner from current periodical estimates.
It is further
agreed that
time is of the essence
of each
and
every
portion of this contract
and of the
specifications
wherein 2 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 -42385 (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
Ac! .work, all materials, whether incorporated in the work or not, all processes of manu-
fact :re, 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 m.ancfacture, and methods of construction
for the purposes for which they are used. Should they fail to meet his approval they shall
be forthwith reconstructed, made good, replaced and/or corrected, as the case may be,
by the Contractor at his own expense. Rejected material shall immediately be removed
from the site. If, in the opinion of the Architect/Engineer, it is undesirable to replace
any defective or damaged materials or to reconstruct or correct any portion of the work
injured or not performed in accordance with the Contract Documents, the compensation to
be paid to the Contractor hereunder shall be reduced by such amount as in the judgment
of the Architect/Engineer shall be equitable,
21. Subsurface Conditions Found Different
Should the Contractor encounter sub -surface and/or latent conditions at the site materially '
differing from those shown on the Plans or indicated in the Specifications, he shall imme-
diately give notice to the Architect/Engineer of such conditions before they are disturbed.
The Architect/Engineer will thereupon promptly investigate the conditions, and if he finds
that they materially differ from those shownonthe Plans or indicated in the Specifications,
he will at once make such changes in the Plans and/or Specifications as he may find nec-
essary, any increase or decrease of cost resulting from such changes to be adjusted in
the manner provided in Paragraph 17 of the General Conditions.
22. Claims for Extra Cost
No claim for extra work or cost shall be allowed unless the same was done in pursuance
of a written order of the Architect/Engineer approved by the Owner, as aforesaid, and
the claim presented with the first estimate after the changed or extra work is done. When
work is performed under the terms of subparagraph 17(c) of the General Conditions, the
Contractor shall furnish satisfactory bills, payrolls and vouchers covering all items of
cost and when requested by the Owner, give the Owner access to accounts relating thereto.
23. Right of the Owner to Terminate Contract
In the event that any of the provisions of this contract are violated by the Contractor, or by
any of his subcontractors, the Owner may serve written notice upon the Contractor and
the Surety of its intention to terminate the contract, such notices to contain the reasons for
MUD -47395 (9-701
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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
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-
ment is made, the Contractor shall deliver to the Owner an estimated construction progress
schedule in form satisfactory to the Owner, showing the proposed dates of commencement
and completion of each of the various subdivisions of work required under the Contract
Documents and the anticipated amount of each monthly payment that will become due the
Contractor in accordance with the progress schedule. The Contractor shall also furnish on
forms to be supplied by the Owner (a) a detailed estimate giving a complete breakdown of
the contract price and (b) periodic itemized estimates of work done for the purpose of
::caking partial payments thereon. The costs employed in making up any of these schedules
will be used only for determining the basis of partial payments and will.not be considered
as fixing a basis for additions to or deductions from the contract price.
25. Payments to Contractor
(a) Not later than the 15th day of each calendar month the Owner shall make a progress
payment to the Contractor on the basis of a duly certified and approved estimate of
the work performed during the preceding calendar month under this contract, but to
insure the proper performance of this contract, the Owner shall retain ten percent (10)
of the amount, of each estimate until final completion and acceptance of all work
covered by this contract: Provided, that the Contractor shall submit his estimate
not later than the first day of the month: Provided, further, that the Owner at any time
after fifty percent (50%) of the work has been completed, if it finds that satisfactory
progress is being made, may make any of the remaining progress payments in full:
Provided, further, that on completion and acceptance of each separate building, public
work, or other division of the contract, on which the price is stated separately in the
contract, payment may be made in full, including retained percentages thereon, less
authorized deductions.
(b) In preparing estimates the material delivered on the site and preparatory work done
may be taken into consideration.
(c) All material and work covered by partial payments made shall thereupon become the
sole property of the Owner, but this provision shall not be construed as relieving the
Contractor from the sole responsibility for the care and protection of materials and
work upon which payments have been made or the restoration of any damaged work, or
as a waiver of the right of the Owner to require the fulfillment of all of the terms of
the contract.
(d) Owner's Right to Withhold Certain Amounts and Make Application Thereof: The Con-,
tractor agrees that he will indemnify and save the Owner harmless from all claims
growing out of the lawful demands of subcontractors, laborers, workmen, mechanics.
rnaterialmen, 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 writter, notice, direct, or withhold from the Contractor's unpaid compensation a
sum of money deemed reasonably sufficient to pay any and all such lawful claims until
satisfactory evidence is furnished that all liabilities have been fully discharged where-
upon payment to the Contractor shall be resumed, in accordance with the terms of this
MUD-Q335(R) o_ 7
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contract, but in no event shall the provisions of this sentence he constr•.ted 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 payrr.ent 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 t e
Contractor for any such payments made in good faith.
26. Acceptance of Final Payment Constitutes Release
The acceptance by the Contractor of final payment shad 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 one rate 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. t' -e
20th day of the calendar month following that in which services are ren,!ered, (b) fnr all
materials, tools, and other expendable equipment to the extent of ninety percent (90'.) ,,i
the cost thereof, not later than the 20th day of the calendar month following that ,n wi. c`:
such materials, tools, and equipment are delivered at the site of the project, and the balance
of the cost thereof, not later than the 30th day following the completion of that part of the
work in or on which such materials, tools, and equipment are ircorp orated or uZe(i, nr.d
(c) to each of his subcontractors, not later than the 5th day following each payment to tl-.e
Contractor, the respective amounts allowed the Contractor on acco,int of the work per-
formed by his subcontractors to the extent of each subcontractor's interest therein.
Z8. Insurance — Also, see pages 8-30 and 8-39 of the Supplemental General Conditions ant
Section 4, page 17-2 of the Detailed Specifications.
The Contractor shall not commence work under this contract until he has o'tained all the
insurance reo•aired under this paragraph and such insurance has been approved by ti '
Owner, nor shall the Contractor allow any subcontractor to commence work on his sub-
contract until the insurance required of the subcontractor h as beer, so cbta:ned and approved.
(a) Compensation Insurance: The Contractor shall procure and shall maintain during the
life of this contract Workmen's Compensation Insurance as required by applicable State
or territorial law for all of his employees to be engaged :n work at the site of th'- pr--
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 Insurancc 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 Compensator 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 liabi'ity
insurance for the protection of such of his employees as are not oche rwi se protected.
(b) Contractor's Public Liability and Property Damage Insurance and Vehic_le L:ab_ility
Insurance: The Contractor shall procure and shall maintain during the life of this con-
tract Contractor's Public Liability Insurance, Contractor's Property Damage trsura nee
and Vehicle Liability Insurance in the amounts specified in the Supplemental General
Conditions.
(c) Subcontractor's Public Liability and Property Damage Insurance and Vet.icle- Liahility
Insurance: The Contractor shall either C require each of his snhenrtr.:ctnrs to pro-
cure and to maintain during the life of his subcontract, Suhcnrtra,-tn-'P,i!ilir I.iibihty
and Property Damage Insurance and Vehicle L:abilit. . r.suranc_ ni ti,
amounts specified in the Supplemental General Conditions specified it s:braragraph (b)
hereof or, (2) insure the activities of his policy, specified in subparae raph (b) hereof.
(d) Sce^e of lrs^_ranee and Seecial Hazards: The insur.;ncrr rrq,.i: red nn,!er snb pa ra^_ra^!a
(b) 2nr fC) pe reoi shall provide adequate protection for !.!-,. Contr:icctor -.I h..:s +uhcrn-
tractors, respect:vely, against damagr- claims w'n:ch :r..'. arise £rant r,: r:,tfnr'+ un! r
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this contract, whether such operations be by the insured or by anyone directly or in-
directly employed by him and, also against any of the special hazards which may be
encountered in the performance of this contract as enumerated in the Supplemental
General Conditions.
(e) Builder's Risk Insurance (Fire and Extended Coverage): Until the project is completed
and accepted by the Owner, the Owner, or Contractor (at the Owner's option as indicated
in the Supplemental General Conditions, Form HUD -4238-N) is required to maintain
Builder's Risk Insurance (fire and extended coverage) 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 tb complete, according
to plans and specifications, the project covered by the contract, and the Contractor and
his Surety shall be obligated to full performance of the Contractor's undertaking.
(f) Proof of Carriage of Insurance: The Contractor shallfurnishthe 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 inan amount at least equal to one hundred
percent (100%) of the contract prices as security for the faithful performance of this con-
tract and also a payment bond in an amount not less than one hundred percent (100';;1 of the
contract price or in a penal sum not less than that prescribed by State, territorial or local
law, as security for the payment of all persons performing labor on the project under this
contract and furnishing materials in connection with this contract. The performance bond
and the payment bond may be in one or in separate instruments in accordance with local law.
According to Arkansas law, sureties must be licensed by the State 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 become due hereunder without written consent of the Owner. In case the Contractor
assigns all or any part of any moneys due or to become due under this contract, the in-
strument of assignment shall contain a clause substantially to the effect that it is agreed
that the right of the assignee in and to any moneys due or to become due to the Contractor
shall be subject to prior claims of all persons, firms and corporations of services rendered
or materials supplied for the performance of the work called for in this contract.
32. Mutual Responsibility of Contractors
If, through acts of neglect on the part of the Contractor, any other Contractor or any sub-
contractor shall suffer loss or damage on the work, the Contractor agrees to settle with
such other Contractor or subcontractor by agreement or arbitration if such other Con-
tractor or subcontractors will so settle. If such other- Contractor or subcontractor shall
assert any claim against the Owner on account of any damage alleged to have been sus-
tained, the Owner shall notify the Contractor, who shall indemnify and save harmless the
Owner against any such claim.
' HUD_4?33S(R) 8-9
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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 or. those parts of
the work which, under normal contracting practices, are performed by spec&al:y 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 Ow•ne r a written statement concerning the proposed award to the subcontractor,
which statement shall contain such information as the Owner may require.
(c) The Contractor shall be as fully responsible to the Owner for the acts and omissions
of his subcontractors, and of persons either directly or indirectly employed by them,
as he is for the acts and omissions of persons directly employed by him.
(d) The Contractor shall cause appropriate provisions to be inserted in all subcontracts
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 cor:tractual 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 'Engineer shall
determine the amount, quality, acceptability-, and fitness of the several kinds of work and
materials which are to be paid for under this contract and shall decide all questions which
may arise in relation to said work and the construction thereof. The Architect/Engineer's
estimates and decisions shall be final and conclusive, except as herein otherwise expressly
provided. In case any question shall arise between the parties hereto relative to said con-
tract
or specifications, the determination or decision of the Architect/ Engineer shall be a
condition precedent to the right of the Contractor to receive any money or payment for
work under this contract affected in any manner or to any extent by such question.
The Architect/Engineer shall decide the meaning and intent of any portion of the specifica-
tions
and of any plans or drawings where the same may be found obscure or be in dispute.
Any differences or conflicts in regard to their work which may arise between the Contrac-
tor under this contract and other Contractors performing work for the Owner shall be
adjusted and determined by the Architect/Engineer.
36. Stated Allowances
The Contractor shall include in his proposal the cash allowances stated in the Supplemental
General Conditions. The Contractor shall purchase the "Allot ,ed Materials" as directed by
the Owner on the basis of the lowest and best bid of at '.east three competitive bids. If the
actual price for purchasing the "Allowed Materials" is !nore or less than the "Cash Allow-
ance," the contract price shall be adjusted accordingly. The adjustment in centrart price
shall be made on the basis of the purchase price without additional charges for overhead,
profit, insurance or any other incidental expenses. The rist of installation of the "Allowed
Materials" shall be ncluded in the applicable sections of the Contract Specifl cat ions cover-
ing this ',work.
HUD -473S 19-7O '
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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) tostore his apparatus, materials, supplies and equipment in such orderly fashion at the
site of the work as will not unduly interfere with the progress of his work or the work
of any other contractors;
(c),to place upon the work or any part thereof only such loads as are consistent with the
safety of that portion of the work;
(d) to clean up frequently all refuse, rubbish, scrap materials, and debris caused by his
operations, to the end that at all times the site of the work shall present a neat, orderly
and workmanlike appearance:
(e) before final payment to remove all surplus material, false -work, temporary structures,
including foundations thereof, plant of any description and debris of every nature re-
sulting from his operations, and to put the site in a neat, orderly condition;
(f) to effect all cutting, fitting or patching of his work required to make the same to con-
form to the plans and specifications and, except with the consent of the Architect/
Engineer, not to cut or otherwise alter the work of any other Contractor,
38, Quantities of Estimate
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Wherever the estimated quantities of work to be done and materials to be furnished under
this contract are shown in any of the .documents including the proposal, they are given for
use in comparing bids and the right is especially reserved except as herein otherwise
specifically limited, to increase or diminish them as may be deemed reasonably necessary
' or desirable by the Owner to complete the work contemplated by this contract, and such
increase or diminution shall in no way vitiate this contract, nor shall any such increase or
diminution give cause for claims or liability for damages.
' 39. Lands and Rights -of -Way
Prior to the start of construction, the Owner shall obtain all lands and rights -of -way
necessary for the carrying out and completion of work to be performed under this
contract.
40. General Guaranty
' Neither the final certificate of payment nor any provision in the Contract Documents, nor
partial or entire occupancy of the premises by the Owner, shall constitute an acceptance of
work not done in accordance with the Contract Documents or relieve the Contractor of
I. 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.
4Z. 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.
' HUD -42385 (R) 8-11
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43. Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to be inserted in this contract
shall be deemed to be inserted hereinand 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
" 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 desdribed 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 tt.e tracting
Authority may determine to be reasonably necessary."
45. Subcontracts
"The Contractor will insert in any subcontracts the Federal Labor Standards
Provisions contained herein and such other clauses as the Department of Housing
and Urban Development may, by instructions require, and also a clause requiring
the subcontractors to include these clauses in any lower tier subcontracts
which they may enter into, together with a clause requiring this insertion
in any further subcontracts that may in turn be made."
46. Equal Employment Opportunity
During
the performance of this contract the Contractor agrees as follows:
(1)
The Contractor will not discriminate against any employee or applicant
for employment because of race, religion, sex, color or national origin.
The Contractor will take affirmative action to ensure that applicants
are employed, and that employes are treated during employment, 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 transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Contractor agrees
to post in conspicuous places, available to employees and applicants
for employment, notices to be provided setting forth the provisions
of this nondiscrimination clause.
(2)
The Contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the Contractor, state that all
qualified applicants will receive consideration for emplocyrient 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 advisin¢ the labor union or workers' representative of the Contractor's
commitments under Section 202 of Executive Order No. 11246 of September 24. Ia65. 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.
HUD -42285 19_70)
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(5) The Contractor will furnish all information and reports required by Executive Order
No. 11246 of Sc fember 24 1965," p and by the rules, regulations, and orders ofthe
Secretary of Labor, or pursuant thereto, and will permit access to his books, records,
and accounts by the Department of Housing and Urban Development and the Secretary of
Labor for purposes of investigation to ascertain compliance with such rules, regulations,
and orders.
(6) in the event of the Contractor's noncompliance with the nondiscrimination clauses of
this contract or with any of such rules, regulations, or orders, this contract may be
cancelled, terminated, or suspended in whole or in part and the Contractor may be
declared ineligible for further Government contracts or Federally -assisted construction
contracts, in accordance with procedures authorized in Executive Order No. 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked as
provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation,
or order of the Secretary of Labor, or as otherwise provided bylaw.
(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 protect, shall become
directly or indirectly interested personally in this 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 construr..-
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.
HUD -42385 (ii)
8-13
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(1) The Contractor will not discriminate against any employee or applicar.t for employment
because of race, creed, color, or national origin. The Contractor will take afftrmat:ve
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 termination; rates of pa'- 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
Should the Owner be prevented or enjoined from proceeding with work either before or
after the start of construction by reason of any litigation or other reason beyond the control
of the Owner, the Contractor shall not be entitled to make or assert claim for damage by
reason of said delay: but time for completion of the work will be extended to such reasonable
time as the Owner may determine will compensate for time lost by such delay with such
determination to be set forth in writing.
52. Minimum Wages
111 laborers and mechanics employed upon the work covered by this
Contract shall be paid unconditionally and not less often than once
each week, and without subsequent deduction or rebate on any account
(except such payroll deductions as are made mandatory by law and such
other payroll deductions as are permitted by the applicable regula-
tions issued by the Secretary of Labor, United States Department of
Labor, pursuant to the Anti -Kickback Act hereinafter identified), the
full amount due at time of payment computed at wage rates not less
than those contained in the wage determination decision of said
Secretary of Labor (a copy of which is attached and herein incorporated
by reference), regardless of any contractual relationship which may be
alleged to exist between the Contractor or any subcontractor and such
laborers and mechanics. All laborers and mechanics employed upon such
work shall be paid in cash, except that payment may be by check if the
employer provides or secures satisfactory facilities approved by the
Local Public Agency or Public Body for the cashing of the same without
cost or expense to the employee. For the purpose of this clause,
contributions made or costs reasonably anticipated under Section 1 (b)
(2) of the Davie -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• D1DIItPADZWrS 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 fro= the Contractor, out of
any payments due the Contractor, so much thereof as the Local Public
8-14
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 =1GE F ThL',jnTS
If the Contractor does not make payments to a trustee or other
' third person, he may consider as part of the wages of any laborer or
mechanic the amount of any costs reasonably anticipated in providing
fringe benefits under a plan or program of a type expressly listed in
the wage determination decision of the Secretary of Labor which is a
' part of this Contract: Provided, however, The Secretary of Labor has
found, upon the written request of the Contractor, that the applicable
standards of the Davis -Bacon Act have been met. The Secretary of Labor
may require the Contractor to set aside in a separate account assets
for the meeting of obligations under the plan or program. A copy of
any findings made by the Secretary of Labor in respect to fringe benefits
being provided by the Contractor must be submitted to the Local Public
' Agency or Public Body with the first payroll filed by the Contractor
subsequent to receipt of the findings.
55. OVrfiTTh CO:}ENSATION REQUIRED BY CONTRACT WORK HOURS AND SAF'TY
STANDARDS ACT (76 Stat. 357-360: Title 40 U.S.C., Sections 327-
332)
(a) Overtime requirements. No Contractor or subcontractor
contracting for any part of the Contract work which may require or
involve the employment of laborers or mechanics, including watchmen
' and guards; shall require or permit any laborer or mechanic in any
workweek in which he is employed on such work to work in excess of 8
hours in any calendar day or in excess of 40 hours in such work week
unless such laborer or mechanic receives compensation at a rate not
less than one and one-half times his basic rate of pay for all hours
worked in excess of 8 hours in any calendar day or in excess of 40 hours
in such work week, as the case may be.
' (b) Violation: liability for unpaid waaee liquidated damages.
In the event of any violation of the clause set forth in paragraph a),
the Contractor and any subcontractor responsible therefor shall be
' liable to any affected employee for his unpaid wages. In addition,
such Contractor and subcontractor shall be liable to the United States
for liquidated damages. Such liquidated damages shall be computed with
' respect to each individual laborer or mechanic employed in violations
of the clause set forth in paragraph (a), in the sum of $10 for each
calendar day on which such employee was required or permitted to work
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in excess of 8 hours or in excess of the standard workweek of 40 hours
without payment of the overtime wages required by the clause set forth
in paragraph (a).
(c) Withholding for liquidated damages. The Local Public Agency ,
or Public Body shall withhold or cause to be withheld, from any moneys
payable on account of work performed by the Contractor or subcontractor,
such sums as may administratively be determined to be necessary to
satisfy any liabilities of such Contractor or subcontractor for liqui-
dated damages as provided in the clause set forth in paragraph (b).
(d) Subcontracts. The Contractor shall inset in any subcontracts
the clauses set forth in paragraphs (a), (b), and (c) of this Section
and also a clause requiring the subcontractors to include these clauses
in any lower tier subcontracts which they may enter into, together with
a clause requiring this insertion in any further subcontracts that may
in turn be made.
56. uww'ri T OF APPRENTLCES/1BAfl ≥ S '
a. Apprentices will be permitted to work at less than the prede-
termined rate for the work they performed when they are em-
ployed and individually registered in a bona fide apprentice-
ship program registered with the U. S. Department of Labor,
Manpower Administration, Bureau of Apprenticeship and Training,
or with a State Apprenticeship Agency recognized by the Bureau,
or if a person is employed in his first 90 days of probationary
employment as an apprentice in such an apprenticeship program,
who is not individually registered in the program, but who has
been certified by the Bureau of Apprenticeship and Training or
a State Apprenticeship Agency (where appropriate) to be
eligible for probationary employment as an apprentice. The
allowa3le ratio of apprentices to journeymen in any craft classi-
fication shall not be greater than the ratio permitted to the
contractor as to his entire work force under the registered
program. Any employee listed on a payroll at an apprentice
wage rate, who is not a trainee as defined in subdivision (b)
of this subparagraph or is not registered or otherwise employed
as stated above, shall be paid the wage rate determined by the
Secretary of Labor for the classification of work he actually
performed. The contractor or subcontractor will be required to
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furnish to the contracting officer or a representative of the
Wage -Hour Division of the U. S. Department of Labor written
evidence of the registration of his program and apprentices as
well as the appropriate ratios and wage rates (expressed in
percentages of the journeyman hourly rates), for the area of
construction prior to using any apprentices on the contract
work. The wage rate paid apprentices shall be not less than
the appropriate percentage of the journeyman's rate contained
in the applicable wage determination.
b. Trainees. Except as provided in 29 CFR 5.15 trainees will not
be permitted to work at less than the predetermined. rate for
the work performed unless they are employed pursuant to and
individually registered in a program which has received prior
approval, evidenced by for...al certification, by the U. S.
Department of Labor, Manpower Administration, Bureau of Appren-
tice and Training. The ratio of trainees to journeymen shall
not be greater than permitted under the plan approved by the
Bureau of Apprenticeship and Training. Every trainee must be
paid at not less than the rate specified in the approved pro-
gram for his level of progress. Any employee listed on the
payroll at a trainee rate who is not registered and partici-
pating in a training plan approved by the Bureau of Apprentice-
ship and Training shall be paid not less than the wage rate
determined by the Secretary of Labor for the classification of
work he actually performed. The contractor or subcontractor
will be required to furnish the contracting officer or a repre-
sentative of the Wage -Hour Division of the U. S. Department of
Labor written evidence of the certification of his program,
the registration of the trainees, and the ratios and wage
rates prescribed in that program. In the event the Bureau
of Apprenticeship and Training withdraws approval of a train-
ing program, the contractor will no longer be permitted to
utilize trainees at less than the applicable predetermined
rate for the work performed until an acceptable program is
approved.
c. Equal Employment Opportunity. The utilization of apprentices,
trainees and journeymen under this part shall be in conformity
with the equal employment opportunity requirements of Executive
Order 11246, as amended, and 29 Cfl Part 30.
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579 EMPLOCERTAIN YMENT OF PERSONS PROHIBITED
No person under the age of sixteen years and no person who, at the '
time, is serving sentence in a penal or correctional institution shall
be employed on the work covered by this Contract.
58. REGULATIONS PURSUANT TO SO-CALLED "ANTI -KICKBACK ACT" '
The Contractor shall comply with the applicable regulations (a:
copy of which is attached and herein incorporated by reference) of the
Secretary of Labor, United States Department of Labor, made pursuant to
the so-called "Anti -Kickback Act" of June 13, 1934 (48 Stat. 948: 62
Stat. 862; Title U.S.C., Section 874: and Title 40 U.S.C., Section 276c),
and any amendments or modifications thereof, shall cause appropriate
provisions to be inserted in subcontracts to insure compliance therewith
by all subcontractors subject thereto, and shall be responsible for the
submission of affidavits required by subcontractors thereunder, except
as said Secretary of Labor may specifically provide for reasonable
limitations, variations, tolerances, and exemptions from the require-
ments thereof.
59. EMPLOYMENT OF LABORERS OR MECHANICS NOT LISTED IN AFORESAID WAGE
DETERCATION 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 deterrira_tion by the
Local Public Agency or Public Body, and a report of the ac"on taken
shall be submitted by the Local Public Agency or Public Body, through
the Secretary of Housing and Urban Development, to the Secretary of
Labor, United States Department of Labor. In the event the interested
parties cannot agree on the proper classification or reclassification
of a particular class of laborers and mechanics to be used, the question
accompanied by the recommendation of the Local Public Agency or Public
Body shall be referred, through the Secretary of Housing and Urban
Development, to the Secretary of Labor for final determination.
60. FRIPTCE BENEFITS NOT EXPRESSED AS HOURLY WAGE RATES '
The Local Public Agency or Public Body shall require, whenever the
minimum wage rate prescribed in the Contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly
wage rate and the Contractor is obligated to pay cash equivalent of such
a fringe benefit, an hourly cash equivalent thereof to be established.
In the event the interested parties cannot agree upon a cash equivalent
of the fringe benefit, the question, accompanied by the recommendation
of the Local Public Agency or Public Body, shall be referred, through
the Secretary of Housing and Urban Development, to the Secretary of
Labor for determination. '
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6,. POSTING WAGE DEPiCLATION DECISIONS AND AuTHORI D WAGE DEDUCTIONS
The applicable wage poster of the Secretary of Labor, United States
Department of Labor, and the applicable wage determination decisions of
said Secretary of Labor with respect to the various classification 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 no employed or to be employed in such classi-
fications, shall be posted at appropriate conspicuous points at the site
of the work.
62. CO!•IPLAINTS, 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. CLAINiS.AND DISPUTES PERTAINING TO WAGE RATES
Claims and disputes pertaining to wage rates or to classifications
of laborers and mechanics employed upon the work covered by this Contract
shall be promptly reported by the Contractor in writing to the Local
Public Agency or Public Body for referral by the latter through the
Secretary of Housing and Urban Development to the Secretary of Labor,
United States Department of Labor, whose decision shall be final with
respect thereto.
611. QUESTIONS CONCERiorG 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, through the Local Public Agency or Public Body and the
Secretary of Housing and Urban Development, to the Secretary of Labor,
United States Department of Labor, for said Secretary's appropriate
ruling or interpretation which shall be authoritative and may be relied
upon for the purposes of this Contract.
65. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND SUBCONTRACTORS
The Contractor and each subcontractor shall prepare hie payrolls
on forms satisfactory to and in accordance with instructions to be
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furnished by the Local Public Agency or Public Body. The Contractor
shall submit weekly to the Local Public Agency or Public Body two
certified copies of all payrolls of the Contractor and of the subcon-
tractors, it being understood that the Contractor shall be responsible
for the submission of copies of payrolls of all subcontractors. Each
such payroll shall contain the "Weekly Statement of Compliance" set
forth in Section 3.3 of Title 29, Code of Federal Regulations. The
payrolls and basic payroll records of the Contractor and each subcon-
tractor covering all laborers and mechanics employed upon the work
covered by this Contract shall be maintained during the course of the
work and preserved for a period of 3 years thereafter. Such payrolls
and basic payroll records shall contain the name and address of each
such employee, his correct classification, rate of pay (including rates
of contributions or costs anticipated of the types described in Section
l(b)(2) of the Davis -Bacon Act), daily and weekly number of hours worked,
deductions made, and actual wages paid. In addition, whenever the
Secretary of Labor has found under Section 5.5(a)(1)(iv) of Title 29,
Code of Federal Regulations, that the wages of any laborer or mechanic
include the amount of any costs reasonably anticipated in providing
benefits under a plan or program described in Section 1(b)(2)(B) of the
Davis -Bacon Act, the Contractor or subcontractor shall maintain records
which show that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible, and that the plan
or program has been communicated in writing to the laborers or mechanics
affected, and records which show the costs anticipated or the actual
cost incurred in providing such benefits. The Contractor and each
subcontractor shall make his employment records with respect to persons
employed by him upon the work covered by this Contract available for
inspection by authorized representatives of the Secretary of 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 ELOYEES '
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
Yurniohing 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. PROPISIOITS TO BE INCLUDED IN CERTALTT 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 • BREACH OF FOREGOnTG FEDERAL LABOR STA1TDARDS PROVISIONS
Ln addition to the causes for termination of this Contract as
' herein elsewhere set forth, the Local Public Agency or Public Body
reserves the right to terminate this Contract if the Contractor or any
subcontractor whose subcontract covers any of the work covered by this
' Contract shall breach any of these Federal Labor Standards Provisions.
A breach of these Federal Labor Standards Provisions may also be grounds
for debarment as provided by the applicable regulations issued by the
' Secretary of Labor, United States Department of Labor.
70. Employment Practices
' The Contractor (1) shall, to the greatest extent practicable, follow hiring ant employment
practices for work on the project which will provide new job opportunities for the unemployed
and underemployed, and (2) shall insert or cause to be inserted the same prncisi<en in each
construction subcontract.
' . 71. Contract Termination; Debarment
A breach of Section 115 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" ANT) REGULATIONS PROMULGATED
PURSUANT THERETO BY THE SECRETARY OF LABOR,
UNITED STATES DEPARTMENT OF LABOR
' TITLE 18, U.S.C.. section 874
(Replatzs section I of the Act of June 13, 1934 (48 Scat. 948.40 U.S.C.,
sec. 276b) pursuant to the Act of June 25, 1948.62 Stat. 862)
KICKBACKS FROM PUBLIC WORKS EMPLOYEES.
' Whoever, by force, intimidation, or threat of pm:urint dkmiwl from rmplosment. or by any other manner whstso-
ever induces any person emploved in the comlmctiun. pro..cubnn. Mm 'letinu or repair of anv public buddmg. public work,
or building or work financed in whole or in pan by loans air pants (mm the United Mates, to give up inc part of the core.
penation to which he is entitled under his contract of employment. shall be tined not more than S.5 JXXI or tmprioned not
more than five yeas. or both.
' SECTION 2 OF THE ACT OF IUNT 1), 1934, AS AMENDED (48 Stat. 948,62 Stat. 962,
63 Stat. 108, 72 Slat. 967, 40 US.C., sec. 276c)
' The Secretary of Labor shall make reasonable regulations for con traitors and subcontranor- engaed in the rnnstruction.
prosecution, completion or "pair of public buildings, public wnrks or bwldsngs or works financed in w hole or in pan b' loans
or grants from the United States, including a prosnion that each contractor and subcontractor shall furnish weekly a rtatemrnt
with respect to the wages paid each employee donne the preceding week. •Section 1001 of Title 18 (United States Uodc) shall
apply to ouch statements.
---xxx---
Pwauant to the aforesaid Anti -Kickback Act. the Secretary of labor. United States Department of Labor, has promul.
gated the regulations hereinafter et forth, which ret9latbnt are found in Title 29. Subtitle A. Code of Federal Renulatsnrn,
Part 3. The term "this put," as used in the regulations hereinafter set forth, refers to Part 3 last above mentwned. Said ree.
ulations are as follows:
TITLE 29 — LABOR
Subtitle A — Office of the Secretary of Labor
PART 3 —CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR PUBLIC WORK FINANCED IN
' WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES
Section 3.1 Purpose and scope.
This pan presaibea "anti-kickback"regulations under section 2 of the Act of June 13. 1934, as amended (40 U S C„
' 276c), popularly known as the Copeland Art, This pan applies to any contract which is subject to Federal wage standards
and which is for the conswction, prosecution, completion, or repair of public buildings, public works or buildinn or works
financed in whole or, in pan by loans or resort from the United Sines. The pan is mirnded to aid in the enforcement of the
minimum wage protrusions of the Dsda.Bscon Act and the suiou+statutes dealing with Federallvassuted construction that
contain cmiln minimum wage provisions, including those provisions which are not subject to Reorganization Plan No. 14
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(e.g.. the College Housing Act of 1950. the Federal Water Pollution Control Act. and the Housing Act of 1959), and in the
enforcement of the overtime provisions of the Contract Work Hours Standards Act whenever they am applicable to construction
work. The put detail. the obligation of contractors and subcontractors relative to the weekly submission of statements seraed-
ing the wages paid on work covered thereby; sets forth the circumstances and procedures governing the making of pavroli de-
duction. from the wages of those employed on such work: and delineates the methods of payment preassemble on such work.
Section 3.2 Definitions.
As used in the regulations in this put:
(a) The terms "building" or "work" generally include construction activity as distinguished from manufacturing,
furnishing of materials, or servicing and maintenance work. The terms include, without limitation, buildings. structures, and
improvements of all type., such u bridge. dame, plants, highways. parkways, wrests. subways, tunnels, sewen, mains, power.
lines, pumping stations. railwava. airports, terminals, docks. peen, whatves. ways. lighthouses. buoys. jetties, break%atm.
levee, and canals: dredging, shoring, waflolding, drilling. blasting. exraunng, element. and landscaping. Urles conducted in
connection with and at the ate of such a building or work u is described in the foregowg sentence, the manufacture or furnish.
ing of materials, articles, supplies. a equipment (whether or not a Federal or State agency acquires title to such materials.
articles, supplies, or equipment during the count of the manufacture or furnishing, or owns the materials from which they an
n.aufsclurrd or furnished) is not a building or work within the meaning of the regulations in this part.
(b) The terms "con4ruction,"prosecution." "completion," or "repair" mean all type, of work done on a particular
bolding or work at the site thereof, including, without limitation, altering,remodcling. painting and decorating. the transport -
hg of materials and supplies to or from the budding or work by the employees of the construction contractor or construction
subcontractor, and the msnufanunng or furnishing of materials. articles. supplies, or equipment an the ate of the building or
work, by persons employed at the ate by the contractor or subcontractor.
(e) The terns "public building" or "public work" include building or work for whose eonswmion, prosecution, corn. '
pktion, or repair, as defined above, a Federal agency is a contracting party, regardless of whether bile thereof is in a Federal
agency.
(d) The term "building or work financed in whole or in put by loam or grants from the United States"includes buld-
ing or work for whose construction, prosecution, completion. or repair, as defind above, payment oe part payment is made
dinttiy or indirectly from funds pro%ded by loans or grant# by a Federal agency. The term time not include burbling or work
for which Federal taistance is limited solely to loan gurantees or insurance.
(e) Every person paid by a contractor or subcontractor in any manner for her labor in the construction, prosecution,
completion. or repair of a public building or public work or building or work financed in whole or in part by loans or grants
from the United State is "employed" and receiving "wage.," regardku of any contractual relationship alleged to exist between
him and the real employer.
(f) The term "any affiliated person" includes a .pour. child. parent, or other close relative of the contractor or sub'
contractor; a partner or officer of the contract" or subcontractor a corporation closely connected with the contractor or
subcontractor as parent, subsidiary or otherwise, and an officer or agent of such corporation.
(g) The term "Federal agency" means the United States. the District of Columbia. and all executive departments in-
dependent
establishment., administrative agencies. and instromentalities of the United States and of the Distinct of Columbia.
including corporations all or substantially all of the stock of which u beneficially owned by the United States, by the Distract
of Columbia, Or any of the foregoing departments establishments, agencies, and instrumentalities.
Section 3.3 Weekly statement with respect to payment of wages.
(a) As used in this section, the term "employee' .hall not apply to persons in claudication. higher than that of laborer
or mechanic and those who are the immediate supervisors of such employees.
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. (L) h�ch contractor or Wlbconlrador engaged in IIit eonelrucios a., proscrutimi, completion, or repair of any puLlie
building or public work, or building or %, uri, financed in whole or tl IFari Ls loans or grails from tie Cited States, .L:dl
furnish each trek a,tatemepit with re.pem to the wages paid each nI ii.' eng-lot res enpa,ed one, ork covered by 21) CI' It
Pats. 3 and 3 During llrr prrrcding weckh pavroll period. 1 -hie s131' ninnt :hall I cvaitrd In' Ihr contractor or 411Lreem
tractor or by an audoriecd officer or auployte oilhe contractor or •oLinireactor who wper%i cc the payment ref wren, and
shall be on form 1CII 3.1.0 "`talcmaut of Complinicd'. or on an nit FiticaI (,inn in the had of 1Pil 317; "Pat roll (h du Coln
tractors Options] Use)" or on any form with identical wording Svmdc rnpies of Pll a $7 and 9'll 348 may Le eLlainrd from
the Coymimertt contracturg or q insonno agency, and ropes oft lr,',e forms roay IT purdlawd at the Cu' ern mart Printing
Officer.
(c) The requbrments of this section shall not apply to any contract of $2_,000 or less.
(d) Upon a written finding by the head of a Federal neeney. lhr Secretary of Labor may provide mrnn4dr limitations
va(iat inns. tolerances, and eaem pions from the rrgLire me tilt of thi, section subject to such conditions as the Secretary of
Labor may epccify.
[29 F.R. 93, Jan. 4, 1964. a amended at 33 F.R. 101116, Jul)- 17, 1%0j
Section 3.4 Submission of weekly statements and the preservation and inspection of weekly payroll records.
(a) Each weekly statement required tinder § 3.3 shall Ir deli.rred by he contractor or subrtNrartor, w ithin.even
days after the regular pays ent date of the pas] roll period. to a repro rntatn'e of a Federal or State agrnn in el,are at the
site of lilt building or work, or. if there is no repress+rl ative of a Fed as] or `suer a,rne(W d¢ site of the building or weerk,
tile Wattmenl ,hall be mailed by the contractor or suL<oulractora within ead s Innr, to a i'rderal or Stall azrncv rnntras'ling
for or fitiaming derbudding or work. After such rsutniiution and a Lrr1, ac may lie made, curb statement, or a cups thereof,
shall be kept nailjhir, or shall be tran'nnnrd logelbr:r with a report of any vioatiun, in areordanrr with al•ptcaid.: prorrdtiro
prescribed by the United `talcs Department of Labor.
(b) Each contrartor or subcontractor shall preserve Lis weeLly pas roll records feet a period of those years from datr of
' win plrlion of Ito contract. 1'Ld in full re reirds di, II ct nut. a¢:.r ate'' and con' 1, 1, Iv the name and addrr,=of nvrhi al.orer
and meelsauc. Liz correct riasifiealion. rate of pay, daily and eekly numher of Lnnrs worked. deduction, madr, And actual
wages paid. Snob pucroll racord, ,Ju11 be tirade availaldv at all tunes (or in=peeton b) the contracting officer or lea, antiwnled
reprrwntatiYe, and In authorised rcPrrrrritat im of the Department of Labor,
Section 15 Payroll deductions permissible without application to or approval of the Secretary of Labor.
Deductions made undo d¢ circumstances or in the sit uaiions drxribed in doe paragraphs oilhis section ma) he made
without application to and approval of the Secretary of Labor:
(a) Any deduction made in compliance with file rnl uiremrnts of Federal. State. or local law, such as Federal or Stale
withholding income lases slid Federal social iccunty lases.
(IQ Any deduction of wins presiwrly pail to the cmplee) err as a lmm Gds perlvynie tit of w ages wLrn suds pr<pn mold
is made without di•c.mnt or intrrc,t. ...hon. fide prepayment of wa_^rs is eon,idrred to have been made only w lint tailor
its equivalent leabeen advanced to lime person employed in sorb maomr as to give lull, complete frerdmn of dislo-iGtm of the
advanced funds.
(c) :1m deduction of amount) required Ly gnurl process to be paid to anot vr. unless ILe deaf union is in favor of the
contractor, s ubcon lax for or any affiliated person, or w lien coil u,ioit or collaboration exists.
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(d) Any deduction constituting a contribution on behalf of the perron employed to funds established by the employer
or representatives of employees, or both, for the propose of prondinc either from principal or income, or both, medical or
hospital care, pensions or annuities on retirement, death benefits. compensation for mfunei, illness. accidents, sickness. or
disability, or for insurance to provide any of the foregoing, or unemploy meat benefits. vacation paw. Savings accounts, or
imilar payments for the benefit of employees. their families and drprndents'. Prodded. however. That the following standards
are met: (1) The deduction is not otherwise prohibited bs law: (2) it is either: (i) Voluntanly consented to by the employee
in writing and in advance of the period in which the work is to be done and such convent is not a condition either for the
obtaining of of for the continuation of employment, or (ii) prow ided for in a bona fide collect Sae bargaining agreement be-
tween the contractor or subcontractor and representatives of its empbvsres. (3) no profit or other benefit is otherwise obtained,
directly or indirectly, by the contractor or subcontractor or any affiliated person in the form of commission, dividend, or
otherwise; and (4) the deductions shall serve the convenience and mtrreal of the employee.
(e) Any deduction contributing toward the purchase of United States Defense Stamps and Bonds when voluntarily
authorized by the employee.
(I) Any deduction requested bs the emplo%ce to enable him to repay loans to or to purchase shares in credit unions
organized and operated in accordance with Federal and State credit union statutes.
(g) Any deduction voluntarily authorized bs the emplosee for the making of conlnbutions to governmental or quaff•
governmental agencies. such nib, Aniencan Red Cross.
(h) Any deduction voluntanl, authonzed by the employer (or the making of contributions to Community Cheats.
United Given Funds, and srnulrar charitable organizations.
(i) Any deductions to pay regular union initiation fees and membership dues. not including fines or special sssewnents:
Romded. houeen, That a collective bargaining agreement between thy contractor or subcontractor and representatives of its
employers provides for such deductions and the deductions are not otherwise prohibited by law.
U) Any deduction not more than for the "rca,onil.le cost of board, lufgmg, or whrr G, holies meeting the require.
ments of Section 3(m) of the law Labor Si and arils tiet of 1718. a• amrnd•d, and ['art 531 of then title. H hen such a deduction
is mde the additional records required undo § 516.2T (a) of du, title shall be kept.
Section 3.6 Payroll deductions perrnissible with the approval of the Secretary of Labor.
Any contractor or subcontractor may apply to the Srrrrtary of labor for permrn-ion to make any deduction not per.
milted under § 3.5. The Secretary may grant permr von whenever he finds that.
(a) The contractor. subcontractor, or any affiliated person does not make a profit or benefit directly or indirectly from
the deduction either in the (orm of a commission. dividend, or otherwise:
(b) The deduction is not otherwise prohibited by law;
(e) The deduction is either (I) voluntarily consented to by the rmplosee in writing and in advance of the penod in- high
the work is to be done and such consent r not a condition either for 'hr obtaining of em plovment or its continuance, or t_^)
provided for in a bona fide collective bargaining agreement between the contractor or subcontractor and representatives of its
employee.. and
(d) The deduction nerves the convenience and interest of the employee.
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' FALibZL
Section 3.7 Applications for the approval of the Secretary of Labor. -
' Any application for the making of payroll deductions under § 16 shall comply with the req uirrmads prescrihwd is the
following paragraphs of this section:
' (a) The application shall be in writing and shall be addreseed to the Secretary of I
(b) The appliesIion shall identify the contract or contracts under wI,irh the work in question a to he performrd. Per
miasiou will be given for deductions only on specific, identified contracts, except upon a showing of ei ceptbnaI cirt mnstiners.
' (e) The application shall state a(finnaliycly that then is compliance with the standards st) forth in the provisions of
§ 3.6. The afftrmstron shall be accompanied by a full statement of the facts indicating such compliance.
(d) The application shill include a description of the proposed did urtimi, the purpose to be served thereby. and the
dasees of laborer or nrchanin from whose wages the proposed deduction would be made.
(e) The application shall state the name and business of any third person to whom any funds obtained from the pro*
posed deductions are to be transmitted and the affiliation of surh prison, if any, with the applicant.
I. Section 3.8 Action by the Secretary of Labor upon applications.
The &cretary of Libor shall decide whether m not the requested deduction is permiwibk under povisiuns of § 3.6;
and &hall notify the applicant in writing of his decision.
' Section 3.9 Prohibited payroll deductions.
Deductions not el,cwlren provided for by this part sad which are not found to be permiesibk under § 3.6 are prohibited.
' Section 3.10 Methods of payment of wages.
The payment of wages shall be by rash. ne_otiable in W ion ruts pas able on demand, or the additional forms of ebngensa.
tan for which deductions are permissible under this part. No other methods of payment sushi be recognized on work subject
to the Copeland Act.
Section 3.11 Regulations put of contract.
All contracts made with respect'to the construction. proseadion, completion. or rep.0 of any public building or public
work or building or work financed in whole or in par by loans or grants (mm the United States covered by the regulations in
this pan shall es pr mly bind the contractor or subcontractor to comply with such of the regulations in this put as may be cap -
pliable. In this regard, act § 5.5 (a) of this subtitle.
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Index of General Conditions
Subject
Accident Prevention ....................
Additional Bond ...............:..........
Additional Instructions. ........
Allowances ................. ...............
Anti -Kickback .Act ......................
Apprentices...... . . . . . . . . . . . . . . . . . . . . .
Architect's Authority .;................
Assignments ..............................
Bond, Security ...........................
Bond, Security, additional............
Changes in Work ........................
Claims for Extra Cost.................
Completion time .........................
Complaints, Proceedings or Testimony
Condition, Subsurface ..................
Conflicting Conditions .................
Construction Schedule .................
Contract Documents ....................
Contract Secur:t•: .......................
Contractor's Insurance ................
Contract Termination ..................
Contractor's Mutual Responsibility
Contractor's Oblteatiors..............
Claims and Disputes .................
Cortracto^'s Title to Materials.....
Classifications Not Listed ...........
Correction of P: ock.....................
Damages, Liquidated.................
Data, Reports arc Rernr's ...........
Debarment Breach of Labor Standards
DebrisRemoval.........................
Definitions ............ I ...................
Detail Drawings ............ I............
Different Subsurface ...................
Discrimination, employment.........
Drawwings detail..........................
Emergencies ... I. I .......................
Employment Practices ... . . .:... ,
Equal Employment Opportunity....
Estimated Quantities.....,,...........
Extras ................................ ......
Finni Payment ...........................
Guaranty, general .......................
Inspection. .............
Inspection of Materials ................
Insurance ........... ..... . .................
Lands and Rights -of -Way .............
Legal Provisions, Implied............
Liquidated damages ....................
M.Mate rials..................................
Member of Congress ...................
Minimum Wages .........................
Non-discrimination in Employment
Section Subject
44
30
3
36
58•
56,
35
31
29
30
17
22
19
62.
21
41
24
1
29
Z8
71.
32
11
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
15
47
52
46
Section
Notice and Service ......................
Obligations of Contractor .............
"Or Equal" Clause ..... .................
Overtime Compensation ...............
Owner's right to terminate...........
Patents ............. I.. I....................
Payment of Employees............ ...
Payments by Contractor.......... ...
Payments to Contractor ...............
Payrolls and Records
Periodic Estimates .....................
Permits, Surveys, Regulations......
Photographs..... .... .... •........... ......
Posting Minimum wage rates ........
Prohibited Interests ....................
Protection of lives and health........
Protection of work, property.........
Provisions required by iaw.,.........
Quantities of Estimate ..................
Questions Concerning Regulations,,,,,
Release of Contractor..................
Remo•:al of Debris .... ........ I.........
Reports, Records and Data...........
Responsibility of contracto-......I...
Right of Owner to terminate..........
Rights -of -l1' fly...... ...... ..........
Schedule of Construction ..............
Security...................................I
Separate c^ntracts......................
Services, materials, facilities.......
Shoo Dra«vin.es............................
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 .......... 23
Testing of Materials ....................
Time for completion ....................
Title to materials .1 ............. M.,.....
Use and Occupancy....,........_........
Useof Premises .........................
Underl,ayments of Wages .................
Wages, Minimum ................. .......
Wage Underpayments.......... I........
Weather Conditions .....................
Withholding of Payments ..............
42
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55.
233
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
Si
and .71
7
19
6
49
37
53
52
53
12
53
Anticicated
Frin,,e Benefits.........
54
e
Er..ployrent
Prohi.F.ited...............
57
u Fringe 9enefit.s Yot Eyrressed....... 60
* Provisions to be: Included........... 69
** 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
S. Photographs of Project
6. Schedule of Minimum Hourly Wage Rates
7. Builder's Risk Insurance
8. Special Equal Opportunity Provisions
9. Certification of Compliance with Air and Water Acts
HUD-42;8-H(R)
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
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1. ENUMERATION OF PLANS, SPECIFICATIONS AND ADDENDA
Following are the Plans, Specifications and Addenda which form a pact of this contract, as set forth in
Paragraph 1 of the General Conditions, "Contract and Contract Documents":
DRAWINGS
Sheets 1-4
General Construction: Nos.
Heating and Ventilating: "
Plumbing: " I
Electrical: "
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SPEC/PICA TIONS:
General Construction: Page 17-1 to 17-15 fnci.
Heating and Ventilating: " to , incl.
Plumbing: " to , Incl. '
Electrical: " to , Incl.
" to , Incl.
to , Incl.
ADDENDA:
No. Date No. Date
No. Date No. Date
2. STATED ALLOWANCES - NONE.
Pursuant to paragraph 36 of the General Conditions, the contractor shall include the following cash
allowances in his proposal:
(a) For (Page of Specifications) S
(b) For (Page _ of Specifications) $
(c) For (Page of Specifications) $
(d) For (Page of Specifications) S
(e) For (Page of Specifications) $ '
(f) For (Page of Specifications) 5 8-29
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3. SPECIAL HAZARDS
The Contractor's and his b Subcontractor's Public Liability and Property Damage Insurance shall provide
' adequate protection against the following special hazards:
Blasting.
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4. CONTRACTOR'S AND SUBCONTRACTOR'S PUBLIC LIABILITY, VEHICLE LIABILITY,
AND PROPERTY DAMAGE INSURANCE
' SEE NOTE BELOW.
As required under paragraph 28 of the General Conditions, the Contractor's Public Liability Insur-
ance and Vehicle Liability Insurance shall be in an amount not less than 3 500,000.00 for in-
juries, including accidental death, to any one person, and subject to the same limit for each
' person, in an amount not less than 5 -1,000.000 .Ofbn account of one accident, and Contractor's
Property Damage Insurance in an amount not less than S 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
t in his own policy.
5. PHOTOGRAPHS OF PROJECT
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As provided in paragraph 50 of the General Conditions, the Contractor will furnish photographs in
the number, type. and stage as enumerated below:
None required.
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I6. SCHEDULE OF OCCUPATIONAL CLASSIFICATIONS AND MINWUlf HOURLY CAGE RATES AS RE-
QUIRED UNDER PARAGRAPH 52 OF THE GENERAL CONDITIONS
A federal wage determination is included in these
specifications, beginning on page 4-1.
7. BUILDER'S RISA SURANCE - ALL RISK INSTALLATION FLOATER
' Builder's As provided in the General Cond ns, parueranh '_8(e), t;,e Contractu will mninrain
Risk Uir Cider' S Rlsk Insurance (fire and est+• 's••t ro!'r ra •,c1 on it reellt roml+lrrod cultic basis tin
Insurance the Insurable portions of the project fur Chi. enet'it the (Inner, the Contractor, turd all sal.-
' Not contractors, as their interests may appear.
Required An all-risk installation ater policy shall be main ed by the Contractor
On This until the project' completed and accepted by the Owner. tten evidence
Project, of this ins cc shall be submitted to the Owner.
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' S. SPECIAL EQUAL OPPORTUNITY PROVISIONS
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A. Activities and Contracts Not Subject to Executive Order 11246, as Amended
(Applicable to Federally assisted construction contracts and related
subcontracts under $10,000)
During the performance of this contract, the contractor agrees as follows:
(1) 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 112L6, as Amended
(Applicable to Federally assisted construction contracts and related subcon-
tracts exceeding $10,000)
During the performance of this contract, the contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant
for employment because of race, color, religion, sex, or national origin.
The Contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard
to their race, color, religion, sex, or national origin. Such action shall
include, but not be limited to, the following: employment, upgrading,
demotion, or transfer, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection
for training, including apprenticeship. The Contractor agrees to post in
conspicuous places, available to employees and applicants for employment,
notices to be provided by the contracting officer setting forth the pro-
visions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees
placed by or on behalf of the Contractor, state that all qualified appli-
cants will receive consideration for employment without regard to race,
color, religion, sex, or national origin.
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(3) The Contractor will send to each labor union or representative of workers
with which he has a collective bargaining agreement or other contract or
understanding, a notice to be provided by the Contract Compliance Officer
advising the said labor union or workers' representatives of the Contrac-
tor's commitment under this section and shall post copies of the notice
in conspicuous places available to employees and applicants for employment.
(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 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 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 o£ 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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❑Sec
the Provisi4.
on of
During the porformance of this contract,
(1) The contractor agrees to comply with
Housing and Urban Development Act of
HUD regulations issued pursuant then
cable rules and orders of ;HUD issued
,vrent and Business
the contractor agrees as follows:
the reeuirements of Section 3 of the
1968 (12 USC 170(u), as amended, the
3to at. 211 CFR Part 135, and any appli-
thereunder.
(2) The "Section 3 clause's set forth in 211 CFR 135.20(b) shall form part of
this contract, as set forth in Paragraph 1 of the General Conditions
"Contract and Contract Documents". '
(3) Contractors shall incorporate the "Section 3 clause" shcrm below and the
foregoing requirements in all subcontracts.
Section 3 Clause as Set Forth in 217 CFR 135.20(b)
A. The work to be performed under
this contract Is on : t project neststed un-
Cer n, •.
.p:c;ram . ...g dirxt °a:iyral
P:nanciai _; :strrcc from the fLivart-
ment or Housing and Urban Develop-
ment and Is subject to the requirement
of section 3 of the Housing and Urbnn
Development Act of 1903, as amended. 12
U.S.C. 1701u. Section 3 rsq"tres that to
the greatest extent feosibke opportuni-
ties for tratn'.r.g and employment he
given lower Income retidcnta of the
project area and ccntrauts for v0rh 1n
connection with the project he awarded
ti buslncn,a concerns which are iocaf.zd
In. or owned In suuatanUat y.Mt by per-
adns reatdtng in the area of the project.
B. The Parties to this contract wiU
Comply with the provisions of said aee-
tlon 2 and the regulations Issued pursu-
ant thereto by the [!ecretary of Howing
find Urban Deveirpanent set forth !n 24
CPR and all anpllcnble rules and
Orden of the Department issued there-
under prior to the execution of this con-
tact. The parti-, to this contract certify
and agree that they Are under no con-
tractual or other disability which would
prevent them from complying with these
requirements.
C. The contractor will send to zach la-
bor org"nlzatton cr representative of
workers with whl:h he has a collective
bargaining agreement or other contract
Or understanding. It any. .s notice advis-
ing the said la`or organization or work-
errenreeentative of his commitments
under this section 3 clause end shall post
copies of the notice in conspicuous Platte
available to employees and applicants for
employment or training.
D. The contractor will include this
section 3 clause in every nubcontrsct for
work In connection with the project and
will, at the direction of the appllcant
for or recipient of Federal P.nanetal As-
alstance. take appropriate action punU-
ant to the subcontract upon a finding
that the subcontractor Is In violation of
regulations lesued by the Secretary of
Housing and Urban Development, 24
The contractor will not sub-
contract with any. aubconeractor where
It has nott^e or knowledge that the tatter
has been found in violation of reguia-
tlons under 24 CFR -- and will not
let any subcontract unless the subcon-
tractor has lint Provided It with a pre-
liminary statement of ability to comply
with the requirements of these regu-
lations.
E. Compliance with the provision of
section 3. the regulations !et forth in 24
CFR—. and all applicable rules and
orders of the Department Issued there-
under prior to the execution of the con-
tract. shall be a condition of the Federal
financial anslstance provided to the proj-
ect. binding upon the applicant or reap -
lent for such avlstanee. its successors,
and a_salgns. Failure to fulfill these re-
quirements shall subject the applicant or
recipient. Its contractors and subcontmc-
ton. Its successor,. and assigns to those
sanctions specified by the grant or loan
agreement or contract through which
Federal assistance Is provided. and to
such sanctions as are specified by 24
CFR —.135.
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9, CERITFICATION OF COMPLIANCE WITH AIR AND WATER ACTS
(Applicable to Federally assisted construction contracts and related
subcontracts exceeding $100,000)
Compliance with Air and Water Acts
During the performance of this contract, the contractor and all subcon-
tractors shall comply with the requirements of the Clean Air Act, as amended,
42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended,
33 USC 1251 et seq., and the regulations of the Environmental Protection
' Agency with respect thereto, at 40 CFR.Part 15, as amended.
In addition to the foregoing requirements, all nonexempt contractors and
subcontractors shall furnish to the owner, the following:
' (1) A stipulation by the Contractor or subcontractors, that any facility
to be utilized in the performance of any nonexempt contract or sub-
contract, is not listed on the List of Violating Facilities issued by
the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20.
(2) Agreement by the contractor to comply with all the requirements of
' Section 11L of the Clean Air Act, as amended, (42 USC 1857c-8) and
Section 308 of the Federal Water Pollution Control Act, as amended,
(33 USC 1318) relating to inspection, monitoring, entry, reports and
' information, as well as all other 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
In addition to the Definitions as given in Section 2 of the General Con-
' ditions, whenever the words herein defined, or pronouns used in their
stead, occur in this contract and documents, they shall have and are
mutually understood to have the meanings herein given.
The words "Community Development•Program," or "Community Development Block
Grant Program" shall mean the governmental unit responsible for adminis-
tering the Community Development Program in the City of Fayetteville,
' Arkansas. •The word "Director" shall mean the director of the Community
Development Program.
The word "Owner" shall mean the City of Fayetteville, Arkansas. The word
' "City" shall mean the City of Fayetteville, Arkansas, under whose auspices
this work is being done.
' The word "Mayor" shall mean the Mayor of the City of Fayetteville. The
words "Board of Directors" shall mean the Board of Directors of the City
of Fayetteville, the governing body of said city. The words "City Clerk"
shall mean the City Clerk of the City of Fayetteville, Arkansas. The
words "City Engineer" shall mean the City Engineer of the City of
Fayetteville. The words "Water Superintendent" shall mean the Water
.Superintendent of the City of Fayetteville, Arkansas.
' The word "Engineer" shall mean McGoodwin, Williams and Yates, Inc., Consulting
Engineers, Fayetteville, Arkansas, who have been employed by the Owner for
this work, or their duly authorized agents.
' The word "Inspector" shall mean the engineering or technical inspector or
inspectors duly authorized by the Engineer, limiting to the particular
' duties entrusted to him or them.
The words "Bid" or "Proposal" are used interchangeably in these specifi-
cations, and shall mean the documents provided in these specifications for
' submission of bids by contractors bidding on the work.
Wherever the letters "ASTM" are used, they shall mean the American Society
for Testing Materials. The letters "AWWA" shall mean the American Water
' Works Association. The letters "AASHO" shall mean the American Association
of State Highway Officials. The letters "NEMA" shall mean the National
Electrical Manufacturers Association.
When the words "as ordered," "as directed," "as permitted," "as allowed,"
or words or phrases of like import are used, they shall be understood to
mean that the order, direction, requirements, permission or allowance of
' the Owner and Engineer is intended.
Similarly the words "approved," "reasonable," "suitable," "acceptable,"
"properly," "satisfactory," or words of like effect and import, unless
otherwise particularly specified herein, shall mean approved, reasonable,
suitable, acceptable, proper, or satisfactory in the judgment of the Owner
and Engineer.
B. SCOPE, NATURE, AND INTENT OF CONTRACT, SPECIFICATIONS AND PLANS
The said specifications and plans are intended to supplement, but not
' 8-35
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necessarily duplicate each other, and together constitute one complete set
of specifications and plans, so that any work exhibited in the one and not
in the other, shall be executed just as if it had been set forth in both,
in order that the work shall be completed according to the complete design
or designs as decided and determined by the Engineer. Should anything be
omitted from the specifications and plans which is necessary to a clear
understanding of the work, or should it appear various instructions are
in conflict, then the Contractor shall secure written instructions from the
Engineer before proceeding with the construction affected by such omission
or discrepancies. It is understood and agreed that the work shall be
performed and completed according to the true spirit, meaning, and intent
of the contract, specifications and plans.
C. FIGURED DIMENSIONS TO GOVERN
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.
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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
are subject to the checking of the Engineer.
G. PROTECTION OF PUBLIC UTILITIES
' The Contractor shall give reasonable notice to the owners of steam, gas,
water, sewer and other pipe lines or conduits, overhead and underground
wires or other structures, either public or private, railroads and other
owners of property, when such property is liable to injury or damage by
reason of the execution of the work, in order that the owner or owners
of such utility or other property may remove or protect the same.
' If any owner or owners of public utilities liable to be affected, endangered
or damaged by the construction of the work does not protect its or their
property, then the Contractor must do so. The Contractor shall receive no
' compensation over the unit and lump sum prices specified in the bid for
the completion of this contract, which prices shall cover every item of
additional cost for all the material and labor necessary to support,
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protect, or remove such tracks, pipes, conduits, overhead and underground
wires, and structures, and other improvements, during the construction of
said work across, under, over, along or near the same.
The Contractor shall satisfactorily shore, support, and protect any and all
' pipes, sewers and other structures, and shall be responsible for any damage
resulting thereto. The Contractor shall not be entitled to any damages or
extra pay on account of any postponement, interference, or delay caused by
such structures being on the line of the work, whether or not such structures
are shown ;on .the-p'lans:.
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
Ito 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
I
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.
The Contractor will
take
care to keep
streets open for use whenever practi-
cable; cross streets
will
be kept open
wherever possible.
The Contractor will notify the Fire Chief of the locality when a street is
closed and shall again notify him when it is opened for traffic. In case
no adequate detour can be provided, the Contractor will stand in readiness
to provide a crossing in case of any emergency.
L. SUNDAY, HOLIDAY AND NIGHT WORK
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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 L S P E C I F I C A T I O N S
STREET AND DRAINAGE IMPROVEMENTS
The following specifications are hereby by reference made a part of the General
Specifications. These specifications are contained in the "Standard. Specifi-
cations for Highway Construction," Edition of 1978, published by the Arkansas
State Highway Commission. The page numbers given below refer to pages in these
"Standard Specifications for Highway Construction."
These
specifications
are
available
for
inspection in the Engineer's
office, or
may be
obtained from
the
Arkansas
State
Highway Department, Little
Rock, Arkansas.
Earthwork and Site Preparation, Part 200 Page No.
Clearing and Grubbing, Section 201 . .
. . . . . . . . . ,.
63-67
Removal and Disposal of Structures, Section
202 . . . , . . .
68-69
Moving Minor Obstructions, Section 203
. . . . . . . . . . .
69-70
Removing Old Culverts, Section 204 . .
. . . . . . . . . . .
70-7.2
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 400
Prime and Tack Coats, Section 401 . . . . . . . . . . . . . . 150-153
Materials and Equipment for Bituminous Surface
Courses, Section 403 . . . . . . . . . . . . . . . . . . 157-165
Asphaltic Concrete Hot -Mix Surface Course, Section 408 . . . 174-177
Materials and Equipment for Hot -Mix Bituminous
Binder and Surface Courses, Section 409 . . . . . . . . . 177-188
Construction Methods for Hot -Mix Bituminous
Binder and Surface Courses, Section 410 . . . . . . . . . 188-195
Rigid Pavement, Part 500
Portland Cement Concrete Pavement, Section 501 . . . . . . . 205-239
Approach Slabs and Gutters, Section 504 . . . . . . . . . . . 246-248
Portland Cement Concrete Driveway, Section 505 . . . . . . . 248-249
Incidental Construction, Part 600
Maintenance of Traffic, Section 603 . . . . . . . . . . . . . 254-258
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Pipe Culverts and Storm Drains, Section 606 . . . . . . . . . 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 624 317-319
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 . . . . . . . . . . . . . . . . . . . . . 536-543
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PECIFICATIONS
SIDEWALK AND DRAINAGE IMPROVEMENTS
Community Development Department
City of Fayetteville, Arkansas
DHUD Project No. SW 8111
Plans No. Fy-108
Dated June 1982
1. SCOPE OF THE WORK. The work to be done under this contract ;
include the furnishing of all materials, tools, equipment and supplies,
the performance of all labor necessary to construct the work as follows:
This work consists of sidewalk and drainage improvements
along the west side of Happy Hollow Road from Highway 16
(Huntsville Road) north to 4th Street. The following
includes the items of work which may be required: site
preparation, clearing, grubbing, excavation and fill,
placement of subgrade material, placement of SB-2 base
material, curb and gutter, Portland cement concrete paving,
sidewalks, driveways, storm sewer culverts, drop inlets,
topsoiling, seeding and mulching. The plans and the Detailed
Specifications indicate the kinds and quantities of the
various amount of work required in each specific location.
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 forty-five (45)
calendar days from the date set
out
in the Notice
to Proceed.
Liquidated damages shall be fifty dollars ($50.00) per day for each calendar
day of delay in completion beyond the time stipulated herein and provided for
in the contract.
4. SAFETY AND HEALTH REGULATIONS AND CONTRACT REQUIREMENTS. Although the
Engineer and his personnel may recognize safety hazards and in such case will
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
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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.
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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.
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
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permits required from the Arkansas State Highway and Transportation
Department, and no deposit will be required from the Contractor.
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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
I. 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.
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10. PAYMENT FOR EXTRA WORK. Whenever work is required which is not provided
for under these plans, specifications and contract, or work which is not in
keeping with the general work for which there are unit prices, the Contractor
shall, perform the work as directed by the Engineer and shall receive as
compensation therefor the total cost of the work based upon the actual
Contractor's expense, plus 15 percent for overhead and profit. Such expense
shall include insurance and bonds, but shall not include overhead of any
other nature. No extra work shall be performed except upon the written order
of the Engineer.
11. NOTICE TO PROCEED. After the contract bonds have been furnished to the
City of Fayetteville and the contract has been executed, the Engineer will
issue a Notice to Proceed designating the date the work will begin. Such
Notice to Proceed will be issued so that the Contractor may commence work
within thirty (30) days of the date of the signing of the contract. By
mutual agreement between the Engineer and the Contractor, commencement of
work may be delayed beyond said thirty -day period, if there is a delay in
obtaining of materials, equipment, or right of way, or other factors beyond
the control of the Contractor or the City of Fayetteville.
12. PROVISIONS FOR COMPETITIVE BIDDING. In some instances, details or notes
refer to one manufacturer's equipment. It is the intent of the plans and
specifications that equipment or materials of equal quality supplied by other
manufacturers which meet the same performance standards will be approved,
provided that the cost to the City of Fayetteville will be no greater in
extra concrete, piping, grading, etc., for items which are to be furnished at
a unit price.
13. UTILITY SERVICES. Throughout the area to be improved there are located
utility services, some of which may require possible relocation. It shall be
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
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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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t17. MATERIALS OF CONSTRUCTION.
IA. General. The materials hereinafter described shall be used in the
construction of sidewalk 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. Portland Cement Concrete. Concrete used in the construction of curb and
' gutter, drop inlets, sidewalks, driveway and concrete pavement shall
comply with the gradations and proportioning set forth for Class A
concrete under Section 802 on page 367 of the 1978 Edition of the
• Arkansas State Highway Department Standard Specifications, with 5
percent *1 percent air entrainment added at the plant.
• D. 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.
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E. Reinforced Concrete Pipe. All concrete pipe, of the various kinds shown
on the plans, used for laying storm sewers shall be reinforced concrete
pipe with joints composed of cold -applied, preformed plastic gaskets.
The gaskets shall conform to AASHO M198, Type B. The pipe shall be
constructed in accordance with ASTM C76, reinforced, Class III concrete
pipe.
F. 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, 16 gauge.
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
265,. of the 1978 Edition of the Arkansas State Highway Department
Standard Specifications.
G. 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.
H. 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.
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' I. Straw Mulch. Straw mulch shall consist of good grade, weed -seed free,
clean straw of a quality approved by the Engineer prior to use.
' J. 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.
K. Cast Iron Castings. Cast
inlets shall be according
L. Rock Riprap. Good grad
Engineer prior to hauling
be a maximum dimension of
iron castings used in the construction of drop
to specifications shown on the plans.
e limestone from a source approved by the
to the job site shall be used. The rock shall
12 inches.
M. 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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I18. SIDEWALK 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 sidewalks, installation of drainage pipes, construction
of reinforced concrete 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
sidewalk and drainage improvements is as set out in Section 16 of these
Detailed Specifications.
' An exact sequence of work will be agreed upon by the Owner, Contractor
and Engineer.
C. Site Preparation. The storm sewer shall be installed in accordance with
t the line and grades shown on the plans. Where required, the ditch shall
be undercut to remove silt material. Backfill for bedding. shall be
compacted to 90 percent modified Proctor density. Backfill around storm
' sewer shall be compacted to the shape as shown on the plans. After
storm sewer installation, including drop inlets, curb and gutter shall
then be constructed. The existing pavement shall be saw cut so as to
provide a true line at the west edge of the existing asphalt. After the
' sidewalk has been constructed, topsoil shall then be placed, followed by
seeding, fertilizing and mulching.
ID. Clearing and Grubbing. All trees, stumps, brush, roots and other debris
of any type within the construction limits of sidewalks and drainage
ditches shall be removed and disposed of by the Contractor.
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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.
E. Stripping. All vegetative growth and unsuitable soil within the limits
' of construction areas shall be stripped and disposed of as directed by
the Engineer. If suitable areas for disposal are not available, the
Contractor will be required to haul the material from the site.
IF. Excavation and Embankment. After the unsuitable soil has been stripped,
the Contractor shall proceed to construct the 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.
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All 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.
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.
The finish shall be a light broom finish.
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H. Soil Testing. Prior to the commencement of excavation and embankment,
the Contractor shall retain the services of an approved soil testing
laboratory to collect soil samples and to conduct such tests as are
required to determine the theoretical modified Proctor density of the
soils upon which the roadway will be constructed. During the course of
construction of embankment sections, density tests will be conducted at
locations designated by the Engineer on each 12 inch lift. Density
' tests will also be conducted at intervals in areas of excavation to
determine the compacted density of the top 8 inches of the subgrade. A
maximum of 12 passing tests will be required, which includes subgrade
and SB-2 material testing. 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 construction, as shown on
the plans. Salvaged materials will become the property of the
' Contractor.
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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.
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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 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
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. 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
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specifications and in reasonably close conformity with the lines,
grades, thicknesses and typical cross sections shown on the plans or
established by the Engineer.
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.
2. Finishing and Curing. The concrete shall be finished and cured as
' stated in Section 501.05 of the 1978 Edition of the Arkansas State
Highway Department Standard Specifications.
3. 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.
• Q. Concrete Drive Repair. The plans show the locations of existing
driveways which will connect to the new curb and gutter to be
constructed. The Contractor shall cut a neat line across the existing
pavement (where required) and reconstruct a 6 inch 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.
R. 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 30 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
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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.
1 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
to the curb and gutter during the backfill operation. Any such damage
will be repaired at the Contractor's expense.
' S. Drainage Structures and Ditches. All drainage structures including
culverts, drop inlets 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 paved surface shall be backfilled
with SB-2 crushed limestone or approved subgrade material and compacted
Ito the density required. Where slotted drain pipe is shown on the
plans, coarse grout backfill will be required.
T. 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
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.
The Contractor should note that all areas disturbed by the construction
I. behind the sidewalk are to be topsoiled, seeded, fertilized and straw
mulched.
' U. 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 approved excavation
material or SB-2 base material as shown on the plans or directed by the
Engineer.
IV. 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 concrete
pavement surface. The plans show the details of the valve box
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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.
W. Cleanup. All work within the construction area shall be cleaned up to
I. the satisfaction of the Owner and the Engineer. In general, all rocks,
trash, or rubbish of any nature shall be removed from the site of the
work. The new concrete shall be swept clean of mud, dirt and other
' materials.
Special attention shall be given to the cleanup, smooth grading of the
areas back of the sidewalks and curbing, and replacing gravel driveways
Ito 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.
X. Watering. The specifications on seeding and sodding call for certain
regular applications of water. The City of Fayetteville has available
fire hydrants through which water may be purchased near the individual
streets.
There is no direct pay item for water. It shall be considered
subsidiary to other items.
Y. Miscellaneous Items.
1. Detours and Access to Homes. During street construction the
Contractor may close the one lane 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
I. street.
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. FINAL INSPECTION AND ESTABLISHMENT OF WARRANTY PERIOD. The final
inspection shall be made by the Engineer or his chief assistant, the
Contractor or one of the principal owners of the contracting firm, and a
representative of the City of Fayetteville.
Upon acceptance of the work, a date will be set out in writing by the
Engineer which will establish the beginning of the one (1) year warranty
period.
The final acceptance of the job and the payment in full to the Contractor
will not reduce the continuing responsibility of the Contractor as set out in
these specifications.
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2O. 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.
Item 1 - Site Preparation (Lump Sum). 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 2 - Furnishing and Compacting of Subgrade Material. 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 atthe 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, and approximate station
along the street.
Compensation under this item shall also include the work necessary to remove
and dispose of the unsuitable material.
' Item 3 - 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.
I. Measurement shall be by delivery tickets furnished and initialed by the
Engineer's representative at the location the material is to be used.
t Item 4 - 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
drainage structures.
Item 5 - Drop Inlet Boxes. Payment for drop inlet boxes shall be made at
the unit price bid and shall include concrete, steel, manhole ring and lid,
and every item of work necessary for a complete installation.
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Item 6 - Nonreinforced Portland Cement Concrete Sidewalk. Payment will be
made for the furnishing and placement of nonreinforced Portland cement
concrete sidewalk a minimum of 4 inches in thickness in accordance with the
price bid per square yard, complete in place. This price shall include full
compensation for the furnishing of all materials, excavation, forming,
placement of concrete, finishing, curing, and all other incidentals necessary
to complete the work.
Item 7 - 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. This
includes paving between existing asphalt and new curb and gutter; also all
driveway installations. However, delivery tickets for concrete used shall be
furnished the Engineer for records of materials used only.
Items 8, 9, 10 and 11 - 15 Inch, 18 Inch, 24 Inch and 30 Inch Steel Storm
Sewer Pipe (Reinforced Concrete, Coated Galvanized or Aluminized). Payment
for 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. 3.
Item 12 - Adjustment of Manholes to Grade. Payment will be made in accordance with the unit price bid each for the adjustment of manholes, for
excavation and backfill, and for all materials, labor, tools, equipment and
incidentals necessary to complete the work.
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