HomeMy WebLinkAbout46-83 RESOLUTION•RESOLUTION NO:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A CONTRACT WITH F. H. NECESSARY & SON
CONSTRUCTION COMPANY, INC. FOR THE -CONSTRUCTION OF
A SOFTBALL AND SOCCER FIELD AT WALKER PARK NORTH.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
9
•
That the Mayor and City Clerk are hereby authorized and
directed to execute a contract with F. H. Necessary & Son
Construction Company, Inc. for the construction of a softball
and soccer field at Walker Park North. A copy of the contract
authorized for execution hereby is attached hereto, marked
Exhibit "A", and made a part hereof.
PASSED AND APPROVED this 63% day of April 1933.
APPROVED:
. By CZ -KJ>. ;a41-
Mayor
M>LiZ /(.4
City Clerk
U.S. Dloortmont of dousing and Urban Dovolopnoot
BID FOR UNIT ;Ina CONTRACTS
Olaco Fayetteville, Arkansas
Date
Project,No. WPN 82-01
Proposal of 04..W.4.Lasta **. Jt.eent...11:. (hereinafter..
called °Bidder") * a corporation, organized and ekisting unaer the laws of
the State of at &&&&& * a1, partnership, or an irrdividual.
doing business as -
To the City of Fayetteville
Fayetteville, Arkansas (her,einafter called Owner")
Gentlemen:
The Bidder in compliance with your invitation for bids for the
1
construction of Iinprovements th Walker tPark North
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 constructethe 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 df which this proposal is a
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part4
et, roe rot rt.
insert corporation
partnership or individual as applicable.-
•
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OfddirLhereby agrees to cane* work under this contract on sr before
a date to be specified In written "Notice to Proceed* of the Owner sod to
fully templets the project within 60 consecutive calendar days
thereafter as stipulated in the specOTERTER. Bidder further agrees to
pay as liquidated damages, the, sum of $ 100.00 for each consecutive
calendar day thereafter as hereinafter provided in Paragraph 19 of the
General Conditions.
Bidder acknowledges receipt of the following addenda:
Wats Aft
• • •
• The Bidder agrees tOeperform all the Work hecessary to construct the
Improvements to Walker Park North as described in the Specifications and as
shown on the Plans for the,following lump sum prices:
%
ITEM NO. WPM°
I •Lump Sum
UNIT
PRICE
Clearing & Grubbing * /L.S.
/L.S. $ 4:.00.10
8/9//Zoo/L.S.
24;Lgrfreeta...1 ikaLth
tWords)
Lump Sum EarthWork'
EXTENDED
14,4644.-gtwW..aRereetsitsAg Alaran$•
3 Lump Sum • Aanhole Construction: $ ..tteo.oP/L.S.
gAn224,4L...1 iA6g:L.44a DS
Words
Lump Sum Curb Cut ConstructiOn
ords)
$ 92406 /LS.
/L.S. $ 920,fte
8/rift .0.*
$ .7.014p0.00
A
744
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.4. • • •
A' •••re"ki. ••
•
4 1 e ff.s; •
1/4
UNIT
MA tett
iiSeeditig and fertilliing 4 AriimpfL..S.
L.S. .0A0JAN,
TOTAL BASE BID .32.1 DD • DO
DEDUCTIVE ALTERNATE BID ITEM NO. 3A.
• •
To delete the requirement under Bid Item No. 3 that the. Contractor.
construct a new manhole (to replace manhole.#0 and cep the existing manhole
al to abandon it; and, instead, to lower the existing manhole #1 to an
elevation of 6 inches below finishedelgrade,t e C ntractor offers a
reduction in the total base bid of 5.2“22-4, dollars.
($nDO. ). .
“ •
(Amounts are to be shown inboth Words and .figures
discrepancy, the amount shown in words ivill govern.)
„
The above lump sum 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 thfliddingt. '
The tidder agrees that this bid. Shall belgood and may not be withdrawn
for al,period of 30 calendar daystafter thek scheduled closing time, for
receiving bids. 'Y
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In case of
Proposal 4. 3
ESE
THIS AGREEMENT, made this Ilth 1 daY of
and between City of Fayetteville, Arkansas'‘,
"Owner," .aCting herein through * ze4Mayor-
APrllt , 1983, by
• ,;herein called
••9 and F: 2H. Necessary &
Son Construction Company,Inc".
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of Rocers 1. •
, County of Benton • %
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WITNESSETH: That for anc in consideration of • the payments „ and
agreements hereinafter mentioned, to be .rade a• a performed by the OWNER, the
CONTRACTOR hereby agrees with the OW1ER to corrnence ana complete othe
t,
construction described as fol lows: . i• .r. - r.
. Arkansas , hereinafter called •"Contractor;"
ImprOyementsto Wal ker ".:4Park a:,
clearing., grading' and iseedi Png&,'•
- • • 1.•
hereinafter: Called the projeciT.#or
Wyndrnrltfrid Nevin° ..11-1 Millar. I:
connection therewith, under, therHeerr •
CondititinS of •the contract t'ar• • •::•
expense.f� furnish all theinat •• • • 11 .
superintendence, labor, *insu• ;• • . ••
,:neceSsar***Fto- coniOlete :the :slic :•r• ••: E.
pricei sstcated• in .the''Pr'apoS'al , • •• :• 6'1
Conditions, Special 1Coridition: • •
-. ?plans: which include., al ti "nap. r: • 1
printed orFritten • ekOldnat.• •
• • • •
contractidocurnents therefort'e. • I:
Inc ,• herein entitled the ng • • 21-1 • .
Supplemental :teneral Conditic••• . •
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•. col lectfielYg. evidence anciCOO • ..1.• •
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and all -.e...tra.:t•torkrinc-
• • • • n • .G9nlqra9..and.•:„Special
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•r;1:••;: • : .11.••••:;:;•7iiimilinit•,•tool • „
: • ••••• • :.• :s 1 MM 1: 4 Services '
••••• -Itions
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r 4, Cr. . , : • • "•'' !I: General,•'"
• •.••.: ,.:•• • •• • • r • -.rect., tFie'r,,
, • • : W Mb- n•tirtgs ,
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TheContractor hereby 'agr• I i• • :? ( • : d• MS • MOWLMI • Chi s•r.dontraet on or
before aidate to- be Specified: • :al- • • ' • Pr 'idepdicif ;the'. Owner,.
and to 'f.Ully aimpTete the pre :1: • f• • I• r ' col ••li,ye..Calendart:dayS"
thereafter. .4 The Contractor "further agrees -2. to:IT:lay, as 1.1.guidated ;claniages*,. '
the sum' of $ 100:00. ' for each ".consActitive•cAlendarrday[jhereafter as
hereinafter prov.idedHid Paragraph, 19 of,the- General Cendtt‘ions.f, "' • " •I '
The OWNER agrees tc pay ti -e currert furds for the
perforracce of the contract sco ject ta ado-. tirirs rd decJc.t4.crs ; as provided
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. in the General Conditions of the Contract, and to make payrents on account
h.%dov thereof as provided in Paragraph 25, "Paynents to Contractor," of the
Nri^: General Conditions.
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IN WITNESS WHEREOF, the parties to these present have executed this
contract in six (6) counterpartsveach of which shall be deeled an original,
In the year and day first Above:Mentioned. 4: • 'v
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(Seal)
ATTEST:
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Contractor
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City of Fayetteville
Fayetteville, Arkansas
Re: Walker Park Inprovessnts
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4122141
Associated Ins=
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CONSTRUCTION. SPECIFICATIONS
FOR
IMPROVEMENTS
_TO
• .WK1[kERP4RK NORTH
Community
-EN(
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••••
-Pc
Dev,lopment tBlock Grant Program
-
Project Non:WPN82r01
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It=e677.4 ‘t:;gfr ‘‘k
CITY OF FAYETTEVILLE
FAYETTEVILLE, ARKANSAS
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PROJECT NO. 82-163
'FEBRUARY, 1983 -
..siatte-r
ADDENDUM NO. 1
WALKER PARK NORTH
Fayetteville, Arkansas
Project No. 82-163
February, 1983
McClelland Consulting Engineers, Inc.
Fayetteville, Arkansas
The original specifications for the project, dated February, 1983, are a-
mended as follows:
The enclosed Wage Decision No. 83 -AR -53, dated 3-18-83, is to be inserted
into the specifications under the section entitled "FEDERAL WAGE DECISION".
Specifically, these two• (2) pages shall replace the page in that section
which reads "Federal Wage Rates to be inserted prior to Advertising for
Bids".
Receipt of this Addendum shall be acknowledged on the Proposal.
CONSTRUCTION SPECIFICATIONS
FOR
IMPROVEMENTS
TO
WALKER PARK NORTH
Community Development Block Grant Program
Project No. WPN 82-01
CITY OF FAYETTEVILLE
FAYETTEVILLE, ARKANSAS
PROJECT NO. 82-163
FEBRUARY, 1983
rivringwo8
a
TABLE OF CONTENTS
SECTION PAGE
Notice to Contractors 1-2
Information for Bidders 1-5
Bid Bond 1-2
Bid for Unit Price Contract 1-4
Certification of Bidder Regarding 1
Equal Employment Opportunity
Certification by Proposed Subcontractor Regarding
Equal Employment Opportunity
•
Certification of Bidder Concerning Labor Standards
and Prevailing Wage Requirements
Certification of Proposed Subcontractor Concerning
Labor Standards and Prevailing Wage Requirements
1-2
1-2
Contract 1-2
Arkansas Performance and Payment Bond 1-4
Certificate of Owner's Attorney 1
General Conditions 1-27
Supplemental General Conditions 1-11
Special Conditions 1-5
Special Provisions 1-10
Federal Wage Decision, Minimum Wage Rates 1
Specifications 1-8
Appendix A
Basic HUD Guidelines for Project Applicants 1-8
Appendix B
Clearing and Grading Plan (2 Copies) 1
•-•-•
VIEREPAL
NOTICE TO CONTRACTOR
ZENO,'
NOTICE TO CONTRACTORS
Notice is hereby given that the City of Fayetteville, Arkansas,
hereinafter called the Owner, will receive sealed bids at the
Community Development Department until 2:00 P. M. local time
on the 30th day of March , 1983, at which time they will be
publicly opened and read aloud, for the furnishing of all labor, equipment
and materials, and performing the necessary work to be done in constructing
improvements to Walker Park North generally consisting of clearing and
grubbing, saving marked trees, grading, and seeding.
The Information for Bidders, Form of Contract, Plans, Specifications,
and Forms of Bid Bond, Performance and Payment Bond, and other contract
documents may be examined at the following office:
McClelland Consulting Engineers, Inc.
1810 N. College Avenue, P.O. Box 1229,
Fayetteville, Arkansas (501-443-2377)
Copies may be obtained at the said office of McClelland Consulting
Engineers, Inc. upon payment of twenty five dollars ($25.00) for each set,
fifteen dollars ($15.00) of said payment being refundable to unsuccessful
Contractors who submit a legitmate bid and return all documents in
unblemished condition not more than 5 days following the opening •of bids.
Pertinent information and the Specifications will be furnished to suppliers
at cost of reproduction.
The Contractor shall make such inspection and studies of the site of
the work as to thoroughly familiarize themselves with all conditions to be
encountered.
Each bid must be accompanied by a surety bond in the amount equal to
five percent (5%) of the whole bid, said bond to be issued by a surety
company licensed to do business in the State of Arkansas, said bond to be
retained as liquidated damages in case the successful bidder fails,
neglects, or refuses to enter into the contract for the construction of said
works, and furnish the necessary bonds within ten (10) days from and after
the date of the Notice of Award.
The successful bidder will be required to furnish an Arkansas Statutory
Performance and Payment Bond, in favor of the Owner, in an amount equal to
one hundred percent (100%) of the Contract amount, at the time of the award
of the Contract.
The Owner reserves the right to reject any and all bids, and to waive
any formalities deemed to be in the Owners best interest.
The attention of all bidders is called to the fact that they must be
licensed under the terms of Act 150 of the 1965 Acts of the Arkansas
Legislature, as amended, a. copy of which appears as Appendix A to these
Specifications.
Attention is called to the fact that no less than the minimum salaries
and wages as set forth in the Contract Documents must be paid on this
project.
Time is specifically declared to be of essence for this project.
Therefore, liquidated damages in the amount of $100 per calendar day will be
assessed if the Contractor exceeds the established date for completion.
The proposed Contract is under and subject to Executive Order 11246 of
September 24, 1965, and to the Equal Opportunity Clause contained in the
Specifications.
Neither Contractor nor Subcontractor shall exclude from participation,
deny the benefits of, or subject to discrimination under any program or
activity, any person in the US. on the grounds of race, color, national
origin or sex, nor discriminate on the basis of age under the Age
Discrimination Act of 1975, or with respect to an otherwise qualified
handicapped individual as provided in Section 504 of the Rehabilitation Act
of 1973, or religion except that any exemption from such prohibition against
discrimination on the basis of religion as provided in the Civil Rights Act
of 1964, or Title VIII of the Act of Apri1.11, 1968, shall also apply.
Dated the day of , 1983.
Notice to Contractors - 2
TrAiragil_
FINFORMATION FOR BIDDERS
FEE ithWV__
10. REVISIONS TO CENERAL CONDITIONS HUD FORM h2383
A. Section 25, Payments to Contractor, Subparagraph (d) shall be deleted in its
entirety and Subparagraph (a) is hereby revised to read as follows:
"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 pi.oper performance of this contract,
the Owner shall retain (except where prohibited by state or local laws), 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 -El -177 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".
NOTE: See Bonding and Insurance Requirements relative to Arkansas laws.
SPECIAL CONDITIONS
SPECIAL CONDITIONS
1. Definitions
2. Scope, Nature and Intended Contents, Specifications & Plans
3. Figured Dimensions to Govern
4. Contractor to Check Plans and Schedules
5. Staking the Work
6. Inspection
7. Protection of Public Utilities
8. Sanitary Conveniences
9. Privileges of Contractors in Streets
10. Special Conditions Pertaining to Hazards
Safety Standards and Accident Prevention
SPECIAL CONDITIONS (Modify as Required)
1. I-FF=0MS
In addition to the Definitions as given in Section 2o±' the General
Conditions, whenever the words herein defined, or pronouns used in
their stead, occur in this contract and documents, they shall have
and are mutually understood to have the meanings herein given.
The word "Owner" shall mean the City of Fayetteville, Arkansas
The word "Engineer" shall mean McClelland Consulting Engineers, Inc.
Consulting Engineers, 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.
Whenever the letters "A.S.T.M." are used, they shall mean the American
Society for Testing Materials. The letters "A.W.W.A." shall mean the
American Water Works Association. The letters "A.A.S.H.O." shall mean
the American Association of State Highway Officials. The letters "NEMA"
shall mean the National Electal 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", ureasonable","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 judgement of the Owner
and Engineer.
2, SCOPE, NATURE, AND INTENT OF CONTRACT, SPECIFICATIONS AND PLANS
The said specifications and plans are intended to supplement, but not
necessarily duplicate each other, and. together constitute 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 has been set forth
in both, in order that the work shall be completed according to the
complete design or dasigna 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 con-
struction affected by such omission or discrepancies. It is understood
and agreed that the work shall be performed and ccmpleted according to
the true spirit, meaning, and intent of, the contract, specifications
and plans.
FIGURED EEMENSIONS TO GOVERN
Figured dimensions, when given on the plans, shall be accurately followed,
even though they differ from scaled measurements. No work shown on the
plans, the dimensions of which are not figures shall be executed, until
instructions have been obtained from the Engineer as to the dimensions to
be used. Large scales and full size drawings shall be followed in preference
to small scale drawings.
4. 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 mnission be discovered,
and the Contractor shall carry out such instructions as if originally
specified.
5. STAKING THE WORK
See Special Provisions.
6.- 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 provided
for representatives of the Owner, the Public Health Service and the Arkansas
State 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
of an Inspector. NO CONCRETE SHALL BE POURED UNLESS AN INSPECTOR IS PRESENT,
The Contractor shall notify the Engineer at least twenty-four hours in
advance before concrete is to be poured. It shall be the duty of the
Contractor to notify the Engineer in advance of the beginning of work after
delays, shutdowns, change of work progress or change of location.
The failure or neglect on the part of the Engineer or the Inspector to
inspect, condemn or reject inferior materials or work shall not be construed
to imply an acceptance of the same should 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 Condition.
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 in-
Surance 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 maintain such equip-
ment and personnel as are essential to the actual prosecution of the work.
In these instances, the final grades, alignment and dimensions are subject
to the checking of the Engineer.
7, 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 addi-
tional cost for all the material and labor necessary to support, protect,
or remove such tracks, pipes, conduits, overhead and underground wires, and
structures, and other improvements, during the 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 any such structures being on the line of the work, whether
such structures are shown on the plans or not.
8. 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 State 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.
9. PRIVILEDCES OF CONTRACTORS IN STREETS
The Contractor will be entitled to use such streets,'alleys, roadways or
parts of the streets and alleys as are necessary for the prosecution of
the work. The use of such public thoroughfares shall be at the direction
of the Engineer and in accordance with the provisions as expressed by him.
The Contractor will take care to keep streets open for use whenever practi-
cable; cross streets will be kept open whereever possible.
The Contractor will notify the Fire Chief of the locality when a street is
closed and shall again notify him when it is opened for traffic. In case
no adequate. detour can be provided, the Contractor will stand in readiness
to provide a crossing in case of any emergency.
10. SPECIAL CONDITIONS PERTAINING TO HAZARDS
SAFETY STANDARDS AND ACCIDENT PREVENTION
Lead -Based Paint Hazards (N/A)
Use of Explosives (N/A)
Danger Siqnals and Safety Devices (Modify as Required)
The Contractor shall make 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.
\1
SPECIAL PROVISIONS
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SPECIAL PROVISIONS
INDEX
Section Headings
Page No.
As -Built Drawings
9
Arbitration
7-8
Arrangement of Specifications and Plans
2-3
Assignments
5
Clarification of "Severe Weather"
10
Contractor to Furnish Stakes and Help
4
Contractor to Provide Construction Surveying
10
Cost of Plans and Specifications.
10
Damage to Existing Facilities
9
Deductive Alternative Bid Item
10
Diverting and Blocking Traffic
9
Engineer's Visits to the Site
2
Horseplay, Fighting and Roaming
5
Inspection and Testing
7
Limitations of the Engineer's Responsibilities
2
Lines and Grades
4
Locations of Facilities
9
Modifications and Waivers
10
Ownership of Engineering Data
9
Partial Set of Plans and Specifications for Subcontractors
5
Permits, Licenses, Laws, Ordinances, Regulations and Taxes
6-7
Pre -Construction Conference
5-6
Preservation of Monuments and Stakes
4
Publicity
10
Quality of the Plans
3
Reporting of Accidents
9
Safety and Security
9
Surveys and Laying out Work
3
Temporary Facilities
8
Waterways
9
Work Done Without Lines and Grades
4
Workmanship and Materials
4-5
Workmen
5
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SPECIAL PROVISIONS
LIMITATIONS OF THE ENGINEER'S RESPONSIBILITIES
Neither the Engineer's authority to act under the Plans and
Specifications nor any decision made by him in good faith either to exercise
or not exercise such authority shall give rise to any duty or responsibility
of the Engineer to the Contractor, any Subcontractor, any materialman,
fabricator, supplier, or any of their agents or employees or any other
person performing any of the Work. The Engineer will not be responsible for
the Contractor's means, methods, techniques, or procedures of construction,
or the safety precautions and programs incident thereto, and he will not be
responsible for the Contractor's failure to perform the Work in accordance
with the Plans and Specifications. The Engineer will not be responsible for
the acts or omissions of the Contractor, or any Subcontractors, or any of
his or their agents or employees, or any other persons at the site or
otherwise performing any of the work.
ENGINEER'S VISITS TO THE SITE
The Engineer will make periodic visits to the site to observe the
progress and quality of the executed Work and to determine, in general, if
the Work is proceeding in accordance with the Plans and Specifications. He
will not be required to make exhaustive or continuous on -site inspections to
check the quality or quantity of the Work. His efforts will be directed
toward providing assurance for the Owner that the completed Project will
conform to the requirements of the Plans and Specifications. On the basis
of his on -site observations, he will keep the Owner informed of the progress
of the Work and will endeavor to guard the Owner against defects and
deficiencies in the Work of the Contractor.
All of the work, performed shall be subject to the inspection and
approval of the Engineer. The Engineer and his representatives shall at all
times have access to the work and the materials necessary for the
performance thereof, and the Contractor shall provide proper facilities for
access and inspection. If the Plans and Specifications, the Engineer's
instructions, laws, ordinances, or any public authority require any of the
work to be tested or approved, the Contractor shall give the Engineer timely
notice of its readiness for inspection and, if the inspection is by
authority other than the Engineer, of the date fixed for such inspection,
but any such inspection'shall not diminish the necessity of inspection and
approval by the Engineer. Inspections made by the Engineer shall be
promptly made. If any work should be covered up without the approval or
consent of the Engineer, it must be uncovered for inspection at the
Contractor's expense if required by the Engineer.
ARRANGEMENT OF SPECIFICATIONS AND PLANS
Titles to sections and paragraphs in the Specifications
for convenience, and shall not be taken as a correct or comp
of the several units of materials, equipment and labor, nor
outline or define jurisdictional procedures. Likewise, the
are used merely
lete segregation
as an attempt to
identifications
Special Provisions - 2
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of any Plans shall not control the Contractor in dividing the Work among
Subcontractors or delineating the Work to be performed by any specific
trade. No responsibility, either direct or implied, is assumed by the
Engineer, or the Owner, for omissions or duplications by the Contractor or
by any of his subcontractors, due to real or alleged errors in arrangement
of matter in the Plans and Specifications.
QUALITY OF THE PLANS
The Plans have been made with care but cannot be assumed to be correct
in every detail when some of the conditions to be encountered may not be
shown on existing maps and are underground.
The approximate locations of existing improvements are shown. The
placing of this information on the Plans in no way obligates the Owner or.
Engineer as to its correctness, as it is indicative only and is placed there
for information and assistance to the Contractor. It is the expressed
intent of these Plans and Specifications that the Contractor is to make his
own investigation of conditions to be encountered, and the submission of the
Proposal by the Contractor for the work constitutes his compliance with this
requirement.
Minor details not usually shown or specified, but necessary for the
proper installation and operation, shall be included in the work as if shown
or specified. Wherever the word "provide" is used, it shall mean "furnish
and install complete and ready for use."
The accuracy of dimensions shown on drawings furnished to the
Contractor by the Engineer having reference to any existing work, structure
or facility is not guaranteed. The Contractor shall satisfy himself to such
accuracy of such existing dimensions before starting the work.
Whenever existing obstructions or dimensional inaccuracies capable of
verification by •the Contractor in the field, or minor variations in
indicated arrangements or dimensions of equipment, interfere with the
installation as shown on the Plans, the Contractor shall make such necessary
alterations as are approved by the Engineer and such alterations shall not
constitute a basis for extra payment.
SURVEYS AND LAYING OUT WORK
-The Engineer shall establish a primary bench mark. The Contractor
shall employ competent employees to establish all other bench marks and
location stakes for earthwork.
The Contractor shall verify all grades and dimensions as shown on the
Plans, and he shall report any errors or inconsistencies in the above to the
Engineer before commencing work. The Contractor will be held responsible
for the accuracy of the layout of all the work.
The elevation lines and levels at existing structures may be used for
locating, layout and directing the Work.
Special Provisions - 3
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LINES AND GRADES
All work done under this Contract shall be done to the lines and grades
shown on the Plans. The Contractor shall establish all lines and grades a
reasonable time in advance, of the times and places at which he wishes to do
work, and delay to the Contractor.
CONTRACTOR TO FURNISH STAKES AND HELP
The Contractor shall furnish without additional charge competent men
from his force and such tools, stakes and other materials as may be required
for the proper staking out of the Work, and in making measurements for
surveys and in establishing temporary or permanent reference marks in
connection with said Work.
WORK DONE WITHOUT LINES AND GRADES
Any Work done without lines, grades, or levels being properly
established or done without the supervision of an inspector or other
representative of the Owner, may be ordered removed and replaced at the
Contractor's cost and expense.
PRESERVATION OF MONUMENTS AND STAKES
The Contractor shall carefully preserve all monuments, bench marks,
reference points and stakes, and in case of willful or careless destruction
of the same, he will be charged with the resulting expense of replacement,
and shall be responsible for any mistakes or loss of time that may be caused
by their unnecessary loss or disturbance. In the event that the stakes and
marks placed by the Engineer are destroyed through carelessness on the part.
of the Contractor, and that the destruction of these stakes and marks causes
a delay in the work, the Contractor shall have no claim for damages or
extensions of time. In the case of any permanent monuments or bench marks
which must of necessity be removed or disturbed in the construction of the
work, the Contractor shall carefully protect and preserve the same until
they can be properly referenced and relocated. The Contractor shall also
furnish at his own expense such materials and assistance as are necessary
for the proper replacement of monuments or bench marks that have been moved
or destroyed.
WORKMANSHIP AND MATERIALS
The Contractor shall and will, in good workmanlike manner, do and
perform all work and furnish all supplies and materials, machinery,
equipment, facilities and means, except as herein otherwise expressly
specified, necessary or proper to perform and complete all the Work required
by this Contract, within the time herein specified, in accordance with the
Plans and Specifications, and in accordance with the directions of the
Engineers as given from time to time during the progress of the work. He
shall furnish, erect, maintain, and remove such construction plant and such
temporary works as may be required. The Contractor shall observe, comply
with, and be subject to all terms, conditions, requirements, and the
limitations of the Contract and Specifications, and shall do, carry on, and
complete the entire Work to the satisfaction of the Engineer.
Special Provisions - 4
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In all respects
the work
shall be performed in a
complete and
workmanlike manner by
workmen skilled
in their respective
trades, and in
such a way as to cause
the least
possible interference with
the operations
of other contractors
or with
the Owner's operations.
All materials
furnished by the Contractor shall
be new and the best of their respective
kinds, unless otherwise
specified.
The Contractor warrants and guarantees to the Owner and the Engineer
that all materials and equipment will be new unless otherwise specified and
that all Work will be of good quality and free from faults or defects and in
accordance with the requirements of the Plans and Specifications.
WORKMEN
The Contractor shall employ, or cause to be employed, on or in
connection with the performance of the Work only persons who are fit and
skilled in the work assigned. The Contractor shall at all times enforce, or
cause to be enforced, strict discipline and good order among the workmen
employed on the Work. Should any disorderly, incompetent, or objectionable
person be employed by the Contractor, or by any Subcontractor, upon or about
the Construction Site, the Contractor shall, upon request of the Engineer,
cause such person to be removed from the Work and not again employed thereon
without the written permission of the Engineer.
HORSEPLAY, FIGHTING AND ROAMING
Horseplay, scuffling, fighting or carrying of firearms is not permitted
on the Construction Site. The Contractor's men shall confine their
activities to the specific area of construction work.
PARTIAL SETS OF PLANS AND SPECIFICATIONS FOR SUBCONTRACTORS
Separate sheets of the Plans and/or Specifications will be available to
subcontractors, •suppliers and material dealers for their convenience at
reproduction costs. However, it will be their responsibility to check their
compliance with a complete set of contract documents prior to executing the
Work to insure a complete and satisfactory interface with other contractors
and/or subcontractors.
ASSIGNMENTS
The Contractor shall not assign the whole or any part of this Contract
to any moneys due to become due hereunder without written consent of the
Owner. In case the Contractor assigns all or any part of any moneys due or
to become due under this Contract, the instrument of assignment shall
contain a clause substantially to the effect that it is agreed that the
right of the assignee in and to any moneys due or to become due to the
Contractor shall be subject to prior claims of all persons, firms and
corporations for services rendered or material supplied for the performance
of the Work called for in this Contract.
PRE -CONSTRUCTION CONFERENCE
Within twenty (20) days after delivery of the executed Construction
Contract by the Owner to the Contractor, but before starting the Work at the
Special Provisions - 5
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site, a conference will be held to review the heretofore mentioned
schedules, to establish procedures for handling Shop Drawings and other
submissions, and for processing Applications for Payment, and to establish a
working understanding between the parties as to the Project. Present at the
conference will be the Owner or his representative, the Engineer, Resident
Project Representatives, the Contractor and his Superintendent.
PERMITS, LICENSES, LAWS, ORDINANCES, REGULATIONS AND TAXES
The Contractor shall obtain and pay for all construction permits and
licenses and shall pay all governmental charges and inspection fees
necessary for the prosecution of the Work, which are applicable at the time
of his Bid. The Owner shall assist the Contractor when necessary in
obtaining such permits and licenses. The Contractor shall also pay all
public utility charges.
The Contractor shall give all necessary notices, shall pay all fees
required by law and shall comply with all laws, ordinances, governmental
rules and regulations applicable to the Work, to labor employed on the Work,
and to the preservation of the public health and safety. The Contractor
shall indemnify and save harmless the Owner from and against all liability
with respect to penalties and/or interest that may result from
non-compliance with any such laws, ordinances, governmental rules or
regulations.
Should the Specifications and/or the Plans be at variance with any of
such permits, licenses, laws, ordinances, governmental rules or regulations,
the Contractor shall promptly notify the Engineer in writing, whereupon the
Owner shall make all necessary changes in the Specifications and/or the
Plans. If the Contractor performs any portion of the Work which is contrary
to any of such permits, licenses, laws, ordinances, governmental rules or
regulations, the Contractor shall correct such portion of the Work, and the
Contractor shall bear the cost of all damages arising therefrom.
The Contractor shall comply with all laws, ordinances, rules, orders,
and regulations relating to the protection of adjacent property, and the
maintenance of passageways, guard fences or other protection facilities.
The Contractor shall permit and facilitate inspection of the Work by
the Owner; the City, and/or its representatives of all work during
construction.
The inspection work by the Owner or others shall not be construed as to
relieve the Contractor of any liability for inadequate design, faulty
materials, workmanship, violation of the Specifications and design criteria,
codes, laws, or safety requirements.
Upon completion of this project the Contractor shall obtain and deliver
to the Owner for permanent filing all necessary certificates of occupancy
required by jurisdictional governmental authorities.
Special Provisions - 6
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The Contractor shall pay all sales, consumer, use and other similar
taxes required to be paid by him in accordance with the law of the place
where the Work is to be performed.
INSPECTION AND TESTING `
All materials used in the construction of the Project shall be subject
to adequate inspection and testing in accordance with accepted standards.
The laboratory or inspection agency shall be selected by the Contractor with
the approval of the Engineer. The Contractor will pay for all laboratory
inspection service direct, as a part of the Contract.
The Contractor shall give the Engineer at least 24 hours notice, as to
when any part of the Work will be ready for observation and for testing. No
part of Saturdays or Sundays shall be counted as part of the required hours
of notice.
The Contractor shall be responsible for 'sampling and testing of
materials as listed immediately hereafter:
Test
Type
UI
Earthwork Compaction, Density, & Proctor Curves Contractor
The Contractor shall provide and maintain safe access and proper
facilities for the inspection by the Engineer of all portions of the Work.
Where the Contractor is required, under the Specification and/or the
Plans., to perform tests, -the Contractor shall give timely notice to the
Engineer of the readiness of the Contractor to perform each such test or
inspection as stated heretofore. Should the Contractor fail to give such
timely notice and/or should the Contractor cover up, without the consent of
the Engineer, the portion of the Work to be so tested and/or inspected, the
Contractor shall, upon request of the Engineer, uncover such portion and/or
perform a retest and/or a reinspection of such portion, all at the sole
expense of the Contractor.
Neither observations by the Engineer nor the inspections, tests or
approvals by persons other than the Contractor shall relieve the Contractor
from his obligations to perform the Work in accordance with the requirement
of the Plans and Specifications.
ARBITRATION
Either the Owner or the
Contractor may demand
arbitration with
respect
to any such claim, dispute or other matter that
has been referred
to the
Engineer, except any which have been waived by
the making or acceptance
of
final payment. However, no
demand for arbitration
of any such
claim,
dispute or other matter shall
be made until the
earlier of the date on which
the Engineer has rendered his
decision or the
tenth day after the
parties
Special Provisions - 7
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have presented their evidence to the Engineer if he has not rendered his
written decision before that date. No demand for arbitration shall be made
later than thirty days after the date on which the Engineer rendered his
written decision in respect of the claim, dispute or other matter as to
which arbitration is sought; and the failure to demand arbitration within
said thirty day period shall result in the Engineer's decision being final
and binding upon the Owner and the Contractor. If the Engineer renders a
decision after arbitration proceedings have been initiated, such decision
may be entered as evidence but shall not supersede the arbitration
proceedings, except where the decision is acceptable to the parties
concerned.
The Contractor will carry on Work and maintain the progress schedule
during any arbitration proceedings, unless otherwise agreed by him and the
Owner in writing.
TEMPORARY FACILITIES
(a) Sanitary Facilities - The Contractor shall furnish approved
chemical type toilets at the construction site for use of all
workmen on the job. Toilets shall be removed at the completion of
the Work.
Toilets will be maintained in a sanitary condition and will be
removed by him upon completion of the Work.
(b) Drinking Water - The Contractor shall furnish potable drinking
water and disposable cups at the job site. The drinking
arrangement shall comply with applicable requirements of the
Arkansas State Health Department.
(c) Sewers, Drainage, Etc. - The Contractor shall incorporate
temporary measures as necessary .to prevent concrete and other
debris from getting into the sewer lines and he shall do all
plumbing, bailing and drainage of all water that may accumulate
within the work area during the entire period of construction. He
shall clean out any sewers or pipes that may become clogged due to
negligence or failure on his part to comply with this provision.
(d) Roadways - The Contractor shall use established roadways where
practical and when it is necessary to cross curbings, sidewalks -or
railroad tracks, protection against damage shall be provided by
the Contractor. Any roads, curbing, sidewalks or railroad
trackage damaged by the Contractor's work shall be repaired at the
expense of the Contractor. Wherever existing roadways or
sidewalks are cut for trenches in the Work, the Contractor shall
provide and maintain safe and proper passage for the usual traffic
over such cuts or trenches, by bridges blocking, planking, or
other satisfactory methods.
Special Provisions - 8
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DIVERTING AND BLOCKING TRAFFIC
The Contractor shall not be allowed to close streets to traffic during
the execution of the Work.
WATERWAYS
Present natural and artificial waterways shall be left open to flow
freely. Temporary dams or by-passes shall be provided when found necessary
or ordered by the Engineer.
LOCATIONS OF FACILITIES
The locations of the proposed playing fields, as shown on the Plans,
are for exact location of each field. The Contractor shall set stakes
accordingly, and the Contractor shall install the Work at the designated
locations. The Engineer shall have the authority to shift the location of
the field slightly due to physical locations of trees that are to remain.
DAMAGE TO EXISTING FACILITIES
The Contractor and/or Subcontractor hereunder shall satisfy himself
(themselves) as to the location of all underground and above -ground
facilities and utilities in or near the site. They shall be continually
liable for damage to all improvements and lands, whether the property of the
Owner, hereunder, or others, caused by the Contractor's and/or
Subcontractor's personnel, equipment, or operation.
SAFETY AND SECURITY
The Contractor shall comply with, and shall cause •its employees and all
subcontractors to abide by, all safety and security laws, rules and
regulations in force at the Construction Site. The provisions of the latest
edition of the "Manual of Accident Prevention in Construction" published by
Associated General Contractors of America, Inc., dealing with safe practices
REPORTING OF ACCIDENTS
The Contractor shall submit a written report to the Engineer of any
accident or injury occurring at the Construction Site.
OWNERSHIP OF ENGINEERING DATA
All Specifications, Plans and copies thereof furnished by the Engineer
shall remain his property. They shall not be used on another Project, and,
with the exception of those sets which have been signed in connection with
the execution of the Construction Contract shall be returned to him on
request upon completion of the Project.
AS -BUILT DRAWINGS
The Contractor shall keep one record copy of all Specifications, Plans,
Addenda and Modifications at the site in good order and annotated to show
all changes made during the construction process. These shall be available
to the Engineer and shall be delivered to him for the Owner prior to final
acceptance of the Project.
Special Provisions - 9
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PUBLICITY
No information relative to the Work shall be released by the
Contractor, either before or after completion of the Work, for publication
or for advertising purposes without the prior written consent of the Owner
and the Engineer.
MODIFICATIONS AND WAIVERS
No change in, addition to, or waiver of any of the provisions of the
Construction Contract shall be binding upon either Party unless in writing
signed by an authorized representative of such Party. No waiver by either
Party of any breach of thefl other Party of any of the provisions of the
Construction Contract shall be construed as a waiver of any subsequent
breach, whether of the same or of a different provision of the Construction
Contract.
COST OF PLANS AND SPECIFICATIONS
After the Owner has awarded the Contract to the Contractor, the
Engineer will furnish to the Contractor six (6) copies of Plans and
Specifications. The Contractor will pay the Engineer, directly, a sum of
one hundred dollars ($100.00) for these documents. Additional copies of
these documents requested by the Contractor will be furnished at the cost of
reproduction.
DEDUCTIVE ALTERNATE BID ITEM
The Plans call for the abandonment of existing manhole #1, and its
reconstruction at a new location, approximately 60 feet north of its current
position (over the existing 30" sanitary sewer). If funding is not
sufficient to permit the new construction of manhole #1 in a different
location, then the Owner may choose to accept the Deductive Alternative Bid
to lower existing manhole #1, in place, to a level that is approximately 6
inches below finished grade.
CLARIFICATION OF.."SEVERE WEATHER"
The term "Severe Weather", as used in the GENERAL PROVISIONS is
explained further. It is expressly understood and agreed that the time for
completion of the Work described in the PROPOSAL is a reasonable, time for
completion of the same, taking into consideration the average climatic range
in this locality. Claims for time extension due to the occurrence of rain,
wind, heat, etc. which are "typical" for this geographical area and time
frame, will not be viewed favorably. Only in the event of "abnormal"
weather conditions will consideration be given to a request for time
extension, said request being made in writing within 5 days of the event for
which claim is made.
CONTRACTOR
TO PROVIDE CONSTRUCTION SURVEYING
The
Contractor shall
perform all
alignment
and elevation
surveying/staking required to construct the
Project in accordance with the
Plans and
Specifications. However, all surveying
work
performed by the
Contractor
shall be subject to the review and
approval of
the Engineer.
Special Provisions - 10
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Hourly Benefits
- Rates
Bricklayers
$6.40
Carpenters
6.40
Concrete finishers
6.40
Electricians
7.75
IRONWORKERS:
Structural"
5.60
Reinforcing
4.80
LABORERS:
LABORERS:
Air tool operator
4.55
Asphalt heater operator
4.55
•
. Asphalt raker
5.20
. Carpenter helper
4.65
Chain saw operator
4.65.
Checker grade
4.80
Concrete finisher helper
4.65
Concrete joint sealer
4.65
Concrete saw operator
4.65
( Form setter
4.80
Laborer
3.60
• Pipelayer
4.80
Powderman
5.60
Vibratorman
4.55
Painter
5.60
?ile driver leadman
5.60
POWER EQUIPMENT OPERATOR:
Aggregate spreader op.
5.10
Asphalt plant fireman
4.30
Asphalt plant drier op.
4.30
Batch plant operator
5,10
BULLDOZER OPERATORS:
Finish
6.15
Rough
5.35
[ Bull float operator
4.95
Concrete curing machine op.
5.20
CONCRETE MIXER OPERATOR:
Less than 5 sacks
4.65
5 sacks or over
5.60
Backhoe op.-rubbertired
(1 yard or less)
5.35
Cherry picker operator
5.35
i Concrete paver operator
5.90
Concrete spreader operator
5.90
CRANES-DERRICKS-D.RAGLINE,
Si1OVEL-BACialOE OPERATORS:
1-1/2 yard or less
6.15
Over 1-1/2 yard
6.40
' Crusher operator
4,95
• WELDERS -receive rate prescribed for craft.performing operation to which
is incidental.
Basic
• .
Hourly
Rates
POWER EQUIPMENT OP.Ccont'A)'
Distributor operator.
$4.95
Drill operator (wagon
or truck)
5.35
• Elevating grader operator
5.90
Euclid or like equip. op.
'
(bottom or end dump)
4.30
Finishing machine op.
5.35
Forklift operator
4,45
Form grader operator
4;45
FRONT END LOADER OP.:
Finish
5.90
Rough
5,35
Ilydro seeder operator
4.80
Mechanic /
6.15
Mechanic helper •• ••
4,80
MOTOR PATROL OPERATOR::•
Finish
6.15
Rough
5.35
Mulching machine op
4.80
Oiler and greaser
4,80
Pug Mill operator
14.55
Roller op. (self-propelle
)4.80
SCRAPER OPERATORS:
Finish
6.15
Rough
5.35
Sod slicing machine op.
4.40
Stabilizer mixing machina
4.95
TRACTOR OPERATORS:
Crawler type
4.80
Farm and wheel
•__4..55
Wheel type (with attach-
<• :ments 1 yd. or under) •
4•.95
Trenching machine op.
4.95
STONEMASONS
6.40
TRUCK DRIVERS!
Distributor truck driver
4.8C
Semi -trailer
4.8C
Lowboy driver
5.3`_
Transit mix truck driver
4.8C
TD -Heavy max, pay load Li
excess of 3000 lbs.
4.5_
TD -Light max. pay load
3000 fns.
4,3(
WELL DRILLERS
6.1_`
POWER EQUIPMENT OPERATORS:
Pile driver operator
5.6(
Unlisted classifications needed for work not included within the scope c
• rin t 1 e*•nA m.v hr' nrr1nd nff-nr ntjnrA nnly ns nrnvlded in the
SPECIFICATIONS
Mac' ELLN8
r
SPECIFICATIONS
SCOPE OF WORK
The project generally consists of the clearing, site grading, and seeding
required for the construction of a softball field and a soccer field in
Walker Park North located on the west side of Block Street approximately 350
feet north of Thirteenth Street.
"AS -BUILT" COPIES OF PLANS AND SPECIFICATIONS
The Contractor shall keep, in bound form and in good order, at the s-ite
one copy of all Contract Plans and Specifications, including revisions and
Change Orders affecting said Plans and Specifications, and make them
available to the Owner, Engineer or their representatives, upon request.
The Contractor shall maintain one set of the Plans with all deviations
marked in red. At the completion of the Work this set of "as built"
drawings shall be returned to the Engineer for drawing revisions. Neither
Final Inspection nor Final Payment will be made until the requirement for
"as built" drawings has been satisfied by the Contractor.
OFF -SITE DISPOSAL OF UNSUITABLE MATERIAL
The Contractor will not be permitted to dispose of unsuitable material
or debris anywhere on the Owner's property since essentially the entire site'
will be developed ultimately.
CLEARING AND GRUBBING
Clearing and grubbing shall include the removal of selected trees and
brush, in the proposed development area indicated on the Clearing and
Grading Plan appended hereto. The existing utilities, brush, tree lines and
etc. are shown at their approximate locations. It will be the Contractor's
responsibility to accurately locate existing facilities and determine the
extent to which they influence his work.
The clearing and grubbing along the north, west and south sides of the
project site shall be just that required for the construction of the
required cut or fill slopes plus an additional five feet beyond the slopes,
if needed. The clearing along the east side shall include all trees and
brush except those trees indicated on the Plans.. The trees to remain are
ash, cedar, cherry, oak and sugar maple are to be marked by the Engineer
prior to construction.
The Contractor shall
separate all
Osage -Orange (Bois
d'Ark
or Hedge Apple)
trees over 3 -inches
in diameter
for salvage by the
Owner.
The remaining
rubble, trees, brush,
and stumps
not indicated to be
saved
shall be removed
J
►I�e3r��`��
r
qN
from the
project.area by the Contractor
and disposed
of at a satisfactory
off -site
location. The Contractor may burn the trees,
brush, stumps, etc.
on -site
providing all Federal, State, and
local laws,
ordinances, and codes
are met.
All debris and ashes remaining
after burning
shall be removed and
disposed
of at an off -site location.
METHOD OF MEASUREMENT AND
BASIS FOR PAYMENT: Payment
for clearing and
grubbing
shall be by the
lump sum amount stated in the
Proposal for the
complete
item of clearing,
grubbing and debris removal.
Payment will be made upon completion and acceptance of the work by the
Engineer and Owner at the lump sum price stated in the Proposal under Bid
Item No. 1. Payment shall be full compensation for furnishing all equipment
labor, material, the removal of all debris and other incidentals necessary
to complete this item of work.
EARTHWORK
Topsoil stripping: The topsoil consisting of heavy sod, heavy growth
of grass, roots, decayed vegetable material and any other organic material
-
within the project area upon which facilities are to be constructed shall be
stripped or otherwise removed before site excavation is started, and in no
case shall such objectionable material be allowed in or under the new
improvements. The depth of the topsoil as indicated from test holes on site
averages approximately 0.85 feet.
The topsoil shall be stockpiled on the site to be used during the final
grading and landscaping. The stockpiling of topsoil may require the
excavation of the site to occur in phases.
Except as otherwise permitted by the Engineer, areas shall be stripped
in such a manner as to afford adequate continuous drainage. The Contractor
shall install temporary ditches supplementary to those shown on the Plans,
or provide pumps as required, in order to initially achieve and, subsequently
maintain adequate drainage of both cut and fill areas. If required, such
ditches shall be installed in advance of commencing earth moving operations
into or out of moist areas.
Site Excavation: Excavation shall be carried out as shown on the Plans
and as directed by the Engineer in an efficient and workmanlike manner,
using approved •equipment and methods. The Contractor shall use care in the
exercise of his work to preserve all control and reference stakes.
Construction staking shall be the responsibility of the Contractor.
Topsoil shall be removed and stockpiled as heretofore described and
replaced over the embankment and excavation areas, including slopes upon
completion of the earthwork. Topsoil may be used in constructing
embankments outside the limits of the playing fields.
Specifications - 2
J
r
The rough excavation shall be carried to such depth that sufficient
material will be left above the designated grade to allow for compaction to
the subgrade. Likewise, on embankments, sufficient material shall be placed
above the designated grade to allow for compaction and settlement. Should
the Contractor, through negligence or other fault, excavate below the
designated lines, he shall replace such excavation with approved material,
in an approved manner and condition, at his own expense. The Engineer shall
determine the suitability of material to be placed in embankments. All
material determined to be unsuitable and any excess material shall be
disposed of in on -site locations outside the limits of the playing fields
and the area of the creek. However, the excess material shall not be placed
within the floodway of Tin Cup Creek, as indicated on the Plans.
The Contractor shall inform
and satisfy himself as to
the character,
quantity, and distribution of all
material to be
excavated.
Extra payment
will not be made for any excavated
material which
is used for
purposes other
than those designated. All spoil
areas shall be
leveled to
a uniform line
and section and shall present a
neat appearance
before project acceptance.
The surface elevation of spoil
areas shall not
extend above
the surface
elevation of adjacent or continuous usable areas
of the site
other than the
slopes indicated on the Plans.
-
The excavated material shall be used as on -site borrow to form the
embankments.
Site Embankments: Embankments shall be formed of satisfactory
materials placed in successive horizontal layers of not more than eight (8")
inches in compacted depth for the full width of the cross section.
The grading operations shall be so conducted and the various soil
strata shall be placed so as to produce a soil structure hereinafter
described. The embankment shall be formed from on -site borrow material.
All materials entering the embankment under the playing fields shall be
free of organic matter such as leaves, grass, roots, and other objectionable
material. Soil, granular material, shale, and any other material permitted
for use in embankment shall be spread in successive layers as specified.
The operations on earthwork shall be suspended at any time when
satisfactory results cannot be obtained on account of rain, freezing weather
or other unsatisfactory conditions in the field. At all times the
Contractor shall drag, blade, roll, or slope the embankment to provide
proper surface drainage and seal the surface in case of forecasted rain.
The material in the
before rolling to obtain
the material and manip
throughout the layer shal
permit proper compaction
embankment thus affected
layers shall be of the proper moisture content
the prescribed compaction. Wetting or drying of
elation to secure a uniform moisture content
1 be required. Should the material be too wet to
or rolling, all work on all portions of the
shall be delayed until the material has dried to
Specifications - 3
l
J
the required moisture content. Sprinkling shall be done with sprinkling
wagons, pressure distributors, or other approved equipment that will
sufficiently distributethe water. Sufficient equipment to furnish the
required water shall be available at all times. Samples of all embankment
materials for testing, both before and after placement and compaction, may
be taken at frequent intervals. From those tests, corrections, adjustments,
and modifications of methods, materials and moisture content may be made to
construct the embankment.
Compaction of the on -site embankment material shall continue until each
layer is compacted to not less than 90 per cent of the maximum density at or
above optimum moisture as determined by Standard Proctor Procedure, ASTM D
698-78. Any area inaccessible to a roller shall be consolidated and
compacted by mechanical tampers.
During construction of the embankment, the Contractor shall route his
equipment at all times, both when loaded and when empty, over the layers as
they are placed and shall distribute the travel evenly over the entire width
of the embankment. The equipment shall be operated in such a manner that
hardpan, cemented gravel, clay, or other chunky soil material will be broken
up into small particles and become incorporated with the other material in
the layer.
In the construction of embankments, starting layers shall be placed in
the deepest portion of the fill, and, as placement progresses, layers shall
be constructed approximately parallel to the finished pavement grade line.
When rock and other embankment material are excavated at approximately
the same time, the rock shall be incorporated into the outer portion of the
embankment. Stones or fragmentary rocks larger than 4 inches in their
greatest dimension will not be allowed in the top 6 inches of the subgrade.
Rock fill, if any, shall be brought up in layers as specified or.as directed
and every effort shall be exerted to fill the void with the finer material
to form a dense, compact mass. Rock or boulders shall not be disposed of
outside of the excavation or embankment areas except at places and in the
manner designated by the Engineer.
The Contractor shall be responsible for the stability of all
embankments made under the contract and shall replace any portion which, in
the opinion of the Engineer, has become displaced due to carelessness or
negligence on the part of the Contractor.
Testing: Tests shall be made of the soil as directed by the Engineer
to determine its moisture content, density and other characteristics so that
directions can be formulated to insure compaction of not less than 90% of
the maximum density at optimum moisture. Density tests conforming to ASTM D
2922 shall be made for a depth not to exceed eight (8) inches on the natural
subgrade and embankment material lifts to insure the necessary compaction of
the soil . One density test shall be made for each 22,500 square feet of
Specifications - 4
J
►I�IM E'
ri
each lift of embankment material. The Contractor shall pay the cost for all
proctor curves and density testing.
Final Grading: After all backfilling and embankments have been
constructed, all areas on the site which are to be graded shall be brought
to the true grade at the specified elevations and slopes with a minimum of
six (6") inches of topsoil. All slopes shall be trimmed and dressed, and
all surfaces so graded that effective drainage is secured.
Drainage: Generally, site grading and constructing earthen drainage
swales are the primary items to be accomplished to effect proper drainage.
The Grading Plan illustrates the concept through which storm run-off water
is to be handled by the combination of overland flow and drainage swales.
The drainage ditch from the headwall at the southeast corner of the project
shall not be damaged.
METHOD OF MEASUREMENT AND BASIS FOR PAYMENT: The total quantity of topsoil
removed, excavation, embankment, topsoil placement and final grading shall
be as indicated by the Plans for the complete work.
The payment for the earthwork will be made upon completion and
acceptance of the work by the Engineer and the Owner at the lump sum price
stated in the Proposal under Bid Item No. 2. Payment shall be full
compensation for the furnishing all materials, labor, equipment and other
incidentals necessary to complete this work.
REVISIONS TO MANHOLES
This work shall consist of the lowering the two (2) manholes within the
playing fields to the elevations given on the Plans and the construction of
a new manhole. The existing manholes shall be removed to the required depth
and reconstructed as indicated on -the Plans using redi-mix concrete. The
existing frames and lids shall be reused and (where underground) shall be
sealed around the edge and at all openings. The manholes shall be equipped
with a device to preclude the entry of debris from the sanitary sewer pipe
during construction. The manhole frame shall be set in a bed of mortar and
mortar placed around the frame. All debris resulting from this work shall
be disposed of off -site. A new manhole shall be constructed as shown on the
Plans, 60' north of existing manhole #1 (which is to be abandoned).
Structural Portland Cement Concrete: All materials furnished and
used by the Contractor in the construction of this work shall
conform to the requirements set forth in the following
specifications:
A.S.T.M. Specification C -33-74a, Concrete Aggregates - The
coarse aggregate shall be size 57, 1 inch to No. 4 in
gradation.
L
Specifications - 5
,� EN(�IN EL
r
2. A.S.T.M. Specification C -150-76a, Portland Cement
3. A.S.T.M. Specification C -94-74a, Ready Mix Concrete
The portland cement concrete shall have a minimum compressive strength of
3000 psi at 28 days.
METHOD OF MEASUREMENT AND BASIS FOR PAYMENT: The adjusting of manholes to
grade shall be as noted on the Plans and the Proposal at the locations
indicated.
Payment shall be made according to the lump sum price stated in the
Proposal under Bid Item No. 3. Payment shall be considered as full
compensation for furnishing all materials, labor, equipment, and other
incidentals necessary to complete this item.
CURB CUT CONSTRUCTION
At the location shown on the Plans, the Contractor shall construct a
concrete curb cut in accordance with the drawing details. The curb cut
shall be 30 feet wide, and the concrete ramp portion shall extend flush with
the western side of the existing concrete sidewalk.
The existing sidewalk to be removed shall be saw -cut for neat and
uniform removal and match to new concrete construction. New concrete shall
exhibit a minimum compressive strength of 3,000 psi at 28 days. Expansion
joint material shall be utilized for isolation between old and new
construction, if deemed adviseable by the Engineer.
METHOD OF MEASUREMENT AND BASIS FOR PAYMENT: The curb cut construction work
shall be paid for according to the lump sum price stated in the Proposal
under Bid Item No. 4.. Payment shall be considered as full compensation for
furnishing all materials, labor, equipment, and other incidentals necessary
to complete this item.
LANDSCAPING
• Generally, this Work shall consist of seeding, fertilizing, and
mulching as required. No shrubbery, trees, or large items of landscaping
are to be provided in this Project.
• All exposed earth surfaces shall be finish graded to within 0.05 foot
of the theoretical grade. All ditches shall be finished so that they drain
readily.
The Contractor shall remove debris that is a result of construction.
All holes shall be filled. The areas to be seeded shall be covered to a
Specifications - 6
r
minimum depth of six (6) inches with topsoil, free of large rocks, sticks,
roots, or other debris as specified hereinbefore, under Final Grading.
All areas affected by construction will then be seeded. All areas to
be seeded will be fertilized with 600 pounds of 10-20-10, or equivalent
amount of plant food per acre. The fertilizer shall be placed on the soil
and worked into the soil as preparations are being made for seeding.
The variety and rate of seeding shall be as follows, unless otherwise
authorized:
Variety Pounds Per Acre
Common Bermuda
Grass
(hulled)
35
Kentucky K-31
Fescue
40
Immediately after seeding, the seed and fertilizer shall be raked to a
depth range within the top 1/2 inch of topsoil. Then the seedbed shall be
compacted with an approved lawn roller weighing 40 to 65 pounds per foot of
width.
The cut and/or fill slopes steeper than 8:1 shall receive straw mulch
within 24 hours of seeding. The straw used shall be clean wheat straw or
other approved good grade straw and applied at the rate of 4,000 pounds per
acre. The straw mulch shall be secured in place by using an asphalt
emulsion to bind the straw together.
The Contractor shall water, fill washes, and otherwise protect and
maintain the seeded areas until his Work is accepted.
Damage by either pedestrian, vehicular traffic, or other causes shall
be repaired by the Contractor. It shall be the responsibility of the
Contractor to establish and maintain a satisfactory stand of grass until
final acceptance of his Work. A satisfactory stand of grass shall be
defined as a cover of living grass (limited to the species of seed that are
expected to germinate in the current season) in which gaps larger than four
(4) square feet do not occur. If a satisfactory stand of grass is not
established, the areas shall be reseeded by the Contractor. Seeded areas
shall be mowed when weeds or other undesirable vegetation threaten to
smother the planted species. All of this Work shall be done by the
Contractor without extra cost to the Owner.
When the project is turned over the Owner, the Contractor shall furnish
him with complete written instructions for care of lawn to assure the
promotion of the deep root growth, a lawn that is uniform in color and
quality, and which is reasonably free of weeds, disease or other visible
imperfections.
Specifications - 7
J
r
\l
METHOD OF MEASUREMENT AND BASIS FOR PAYMENT: The quantity of seeding and
mulching shall be that area required to cover the area cleared and graded.
Payment shall be made according to the lump sum price stated in the
Proposal under Bid Item No. 5. Payment shall be considered as full
compensation for the furnishing all materials, labor, equipment, and other
"incidentals necessary to complete this item.
DEDUCTIVE ALTERNATE FOR MANHOLE REVISIONS
Work to be perfc
manhole #1, and its
sufficient to permit
choose to accept the
in place, to a level
firmed under Bid Item No.. 3 calls for the abandonment of
reconstruction at a new location. If funding is not
the new construction of manhole #1, then the Owner may
Deductive Alternate Bid to lower existing manhole #1,
that is approximately 6 inches below finished grade.
METHOD
OF MEASUREMENT
AND BASIS
FOR PAYMENT:
The
reduction
in contract
price
offered for this
alternative
construction
shall
be made in
lump sum.
Reduction in payment amount shall be determined in accordance with the
lump sum reduction offered under the Deductive Alternate Bid Item in the
Proposal and the amount of reduction shall be subtracted from the Total Base
Bid.
Payment shall be considered as full compensation for furnishing all
materials, labor, equipment, and other incidentals necessary to complete
this item.
Specifications - 8
J
L
1I"/ P
r
APPENDIX A
Basic HUD Guidelines for Project Applicants
J
IIYA �l7GI VE
Basic Guidelines for HUD Project Applicants covered by Section 3 of the
Housing and Urban Development Act of 1968, 12 U.S.C. 1701U.
Tae following format is suggested in conformance with CFR 24, Chapter 1,
Part 135, for expedient processing of Affirmative Action Plans.
I. INTRODUCTION
A. The introduction must unequivocally state that
this is a
Section_3 AAP;
B. Name -of applicant;
C. Dollar amount of contract;
D. Contract period (Beginning date and ending date); and
E. Project nutber.
IT.
Total Employment Posture at the time of submission
of AAP for legal
entity requesting funds with specific breakdo•.m as
follows:
A. Minority (Professional and Nonprofessional)
B. FeTale "
C. Low-Incoae
III.
.The Section 3 document must be a single instrument
standing on its
own and not co -mingled with other Acts or Executive
Orders.
-IV.
A policy statement that conforms to recitation of
Section.
V.
Reports
A. Cur -rent report indicating newly hired or fired;
B. Upward mobility or demotion; and
C. Vumber and amounts of contracts let and to whom.
The frequency of these reports will be as follows:
1. If an ongoing project, the above is required prior to approval
of an PAP;
2. At the completion of the first six-month period; and
3. At the completion of the 12 -month period for a Final Report
with a copy going directly to the Assistant Regional Administrator
for Fair Housing and Equal Opportunity.
VI. Section "3" is a contract requirement and therefore an approved AAP must
be obtained prior to the release of any funds.
F. H. NECESSARY & SON CONSTRUCTION CO., INC.
ROUTE I • BOX Hi
ROGERS, ARKANSAS 72756
Gentlemen:
F.$Necersary & Son Cons't.Co., Item compliance with Section 3 of the
1968 Iiousing and Urban Development Act regarding Equal Employment Opportunity
hereby gives notice that no person in the United States shall on the ground of
race, color, religion, sex or national origin be denied employment, and further
assurance is also given that F,H,Neeessary & Son will immediately take
any measures -necessary to effectuate this policy. Notice of the policy will
be placed in plain sight on the job location for the benefit of interested
parties and all subcontractors so notified. All Equal Opportunity posters
will be displayed as required.
F.H.Necessary & Son
has.been appointed as the Equal Etrploy:..en
Opportunity. Officer to coordinate company efforts, to advise and assist key
personnel and staff, and officially serve as focal point for complaints, etc
Attachment 2 reflects present emplo}yent of the company and percentage goals
for projected hiring of lower -income residents, minorities and women.
AFFIRMATIVE SUBCONTRACTING:
In accordance'with Paragraph 135-706f Section 3, Attachment #1 reflects
anticipated subcontractor needs (by craft)- and approxirate dollar amounts in
each category for the duration of this project. F.H.Neeessary & Son
will use the EUD/LT.RAO Minority Business Register as far as possible.in project
area and inform u_-aistnd Ldnority Lusin-asses of the need to be on the IfUD/Lf.AO
Minority Business Register. Specific efforts will be made to contact and use
micority-owned businesses in the project area to the maximum extent feasible.
-2-
Section 3 requirements and language will be in each subcontract bid and/or
proposal for work on this project. We will require Section 3 cor.pliance by
covered subcontractors and Section 3 •Programs from all subs of $10,000 or more.
UTILIZING LONER INCOME RESIDENTS, NINDRITIES AND Sd0?d N:
To the maximum extent feasible F.H.Necessary & Son
and any,
subcontractors will use lower income residents as trainees, apprentices and
workers (if qualified) to complete the work on this project. Special outreach
efforts will be made to various public and private recruitment sources (list
planned recruitment resources Ark. State Highway & Transportation Dept. )
MBE Directory
Special emphasis will also be made to recruitminorities and women.
and all Its subcontractors will determine by craft and/or
position the approximate manpower needs to complete the project. The manpower
needs will be made -known to the recruitment resources named above. Attach�ents
#2 and 3 shall be completed by
and cath contractor
to assure that reasonable goals and target dates are a formal part of any contract
or subcontract. Attachment #2 indicates current workforce and Attach_ent f3
shows projected t-:orkforce needs and -goals for hover income residents, minorities
and woven.
PRONoTI0r;. DE'.i0TION. PAY RATES; -LAYOFFS, etc.:
All personnel actions of the Company shall be made on a noadisc=lm;natory
basis without regard to race, color; religion, sex or national origin. -We will
inform each subcontractor of these affirmative requirerants and Ensure cocpliance.
-3-
ATTACK^ i Cl
PROJECT 0:
sronSUP.
A1ITICIPATED AND ACTUAL SUDCOPTRACTS:
The following list is intended to provide information on anticipated subcontract
and to provide a record of actual subcontracts. The final record will be provid
BUD Equal Opportunity Division for their use as desired and to reflect affi'rrati
compliance by this company.
COITLETE FOR SUB:•ffSSION tuITH BID
Craft/Specialty
Total;
Approximate
ISA_iount +Date
IAI
1 I/II
I Imo! I
I
1 1/I
L
TUIS PORTION IS rOR RECORD
PURPOSES AFTER RECEIVING C
Troj. Area
Subcontractor Business
(Name -Address) Yes IHo
KEEPING
)tITRACT
lJinorityl
III Urned Sex/Ra
Yes No I (Code;
I I
I
I
Ii
i I
II
Goals for Subcontracts
Racial Codes:
I Indian if - Bale * Total $ to Area Businesses
B - Dlacl: F - Fe_^ale -
S/A- Spanish Aserican z* Total. $ to lUnority/Slocen
U - White Businesses
0 - Other
*Set dollar amount goals for awarding of contracts to Small or Disadvantaged Area
Businesses.
A%rA1so set dollar goals for awarding of contracts to businesses owned by Kinoritie:
and/or woven.
+Date - Appros:imate start and ceding date of con.srn•-.,--- -
ATTACEf.`-I T 02
CURRENT E`iI'LOY?IEiIT
DATE: COiTAiIY
PROJECT G
SPOivSOR
CONTR.1CT C:
Our Connany.(is)or (is not) located in and (is) or (is not) owned by residents of
the Project Area.
The positions and employees reflected below represent the present ecployoent of the
Company. As vacancies occur or new positionsare established, we will atterpt to
maintain at least * % of the workforce from the Project Area. (Use figures
arrived at on Attachment 23.)
4
POSITION
Racial Code:
I - Indian I! - :;ale Signed:
3 - Black F - Fe:a1e
I/A- Ile::scan/A a.rican Title
T - white
+Include all e=ployees related to this job including ndT+.__
staff.
NA.'% & ADDRESS
PROJECT AREA
RESID UT
YES I'.0
SEX/PACE
(Cade)
I
ATTACI!ILUT G'3
PROJECTED '.:OflICFORCE HEEDS
ft
CO;Ts..s
PROJECT ✓t
SPOUSOR
CO;TRAcT 1/:
AFFIRMATIVE RECRUITiTENT AHO UTILIZATION OF LONER II'CO:fE PROJECT AREA RESIDENTS.
I flIORITIES AMID (410=N:
The list of crafts (by classification or specialty) below reflects anticipated
numbers of employees which will be required to complete this Company's part of
the project. In accordance with Section 3 of the housing and Urban Development
Act of 1958, the Company submits the following anticipated workforce needs and
hereby,,establishes the following goals: (Include all projected positions includinj
administrative and clerical.)
COITLETE FOR SLBrfSSIO:! I;ITH BID ..- THIS SECTION FOR R CORD
*Total
Recd.
1:EEPIIIG PURPOSES ONLY
Number from Project Area(Goal
JourneymanlApprentice Trainee IJourc "9an A?pre-rice Trainee
',nice ;Sex lRace ISex IRnce IS
I I ! I I I-
1 1 I I
I I
Anticipated & Appro%irate
racial Codes:
Indian 11 - Male
- Black F - female
,/A - Spanish American
- unite
-Other
I 1 1
Pore. See Attachment. 3A
example of notification
eo recruitment sources.
*t:Linority it llocen Coals
**Lou Income F.csident Goals
i`Set Coals as indicated above for subrission with bid.
ATTACL.'i: NT Il3A•
SAMPLE LETTER TO RECRUIT2�NT SOURCES
Gentlemen;
(or subcontractor) is presently partfcinatin
in• the construction of a project which is funded by the Federal Covern^ent.
To assure corpliance under various laws, we are cocmitted to take affirmative
action to recruit lo:rer income workers from the defined area of this project.
iWe are also recruiting minorities and women. The area of recruitment is not.
limited to the project arca in this case. We are an Equal Employment Opportunity
Employer (male and female). The designated area of the project is:
The crafts (by classification) shown below reflect our primary needs for manpotaer:
Craft I Joumevnan Annrentice
Our hiring office_is located at:
Your assistance in our recruiting efforts wi11 be appreciated.
Sincerely, _
RECORDS AND REPORTS:
The Company will submit all reports required in a timely fashion. The
Company shall also assure that all subcontractors shall submit required reports
as needed.
% C%e)
Title: !/lU
/
(Address)
/�f6vs� C{r _ 727,S�
-8-
APPENDIX B
Clearing and Grading Plans
(d) The names and addre vet of all office person., both natural onJ corporate, having a su6sfanliot interest in th.e undersigned,
and the nature of the interest are (If none, so suee,b
NAMC ADDRESS NATURE OF INTCPEST
2 a
(e) The names, addres ses.and trade classifications of all other building :on struck on contractors in which the undersigned has
a substantial inlemsl are (If nun r, so sure)'
NAMC ADDRESS THROE CLASSIFICATION
l' ( r %i . (�% S A ( .
(Su bron Ito clot)
f r
.�-
s- / �� V David E. Covington, President
(Sibnarur[) (Typed Yame and Title)
WARNING
U.S. Giminal Code, Section 1010. Title 16, U.S.C.. provides In pert ^W),oever..... makes. posses. utters, or publishes any
statement, knowing the same to be false..... shall be fined not more than 25.000 or Imprisoned not more then two years, or both."
CPO sasrsa
r
CONTRACT
ILAIrr n
r
CONTRACT
THIS AGREEMENT, made
this 11th
day of
April
, 1983,
by
and between City of
Fayetteville,
Arkansas,
,
herein called
"Owner," acting herein through its Mayor
Son Construction Company,. Inc.
of Roqers County of Benton
Arkansas , hereinafter called "Contractor."
, and F. H. Necessary &
, and State of
WITNESSETH: That for andin 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:
Improvements to Walker Park North generally consisting of
clearing, grading and seeding,
hereinafter called the project, for the sum of Thirty -Two Thousand Nine
Hundrad,And Nn/lh0 Dollars ($32.900.00 ) and all extra work in
connection therewith, under the terms as stated in the General and Special
Conditions of the contract; and at his (its or their) own proper cost and
expense to furnish all the materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance, and other accessories and services
necessary to complete the said project in accordance with the conditions and
prices stated in the Proposal, the General Conditions, Supplemental General
Conditions, Special Conditions and Special Provisions of the Contract, the
plans, which include all maps, plats, blueprints, and other drawings and
printed or written explanatory matter thereof, the specifications and
contract documents therefor as prepared by McClelland Consulting Engineers,
Inc., herein entitled the Engineer, and as enumerated in Paragraph 1 of the
Supplemental General Conditions, all of which are made a part hereof and
collectively evidence and constitute the contract.
The Contractor hereby agrees to commence work under this contract on or
before a date to be specified in a written "Notice to Proceed" of the Owner
and to fully complete the project within 60 consecutive calendar days
thereafter. The Contractor further agrees to pay, as liquidated damages,
the sum of $ 100.00 for each consecutive calendar day thereafter as
hereinafter provided in Paragraph 19 of the General Conditions..
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the contract subject to additions and deductions, as provided
'1cC EL AND
r
in the General Conditions of the Contract, and to make payments on account
thereof as provided in Paragraph 25, "Payments to Contractor," of the
General Conditions.
IN WITNESS WHEREOF, the parties to these present have executed this
contract in six (6) counterparts, each of which shall be deemed an original,
in the year and day first above mentioned.
(Seal)
ATTEST:
(Seal)
City
Clerk) /
(Witness)
(City Clerk)
(Witness)
1 F e/4 vz €
By
/(Title)
(Co tract r)
�
BY ' Gncte
(Title)
(Address and Zip Cade)
NOTE: If Contractor is a odr oration Secretary
Y
if
t`
should attest.
Contract - 2
L
r
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C + N{ ir..r rn t -..� r a ra it -C.
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,'gp1CL-agy..ILY .uiy 4�i ♦1D. 1 L.. '`l + 1 •, l r:- Vl� -i -(
Mr`.. e.er.r._..:.zv�
'.� NAME ':iJ :: R[3� :.:G .:irc:Cv
C.^,;lAAir'IE5 +FFORD;ING COVERAGES
NW Associated Insurance, Inc. -_
P.O. Box 278 a^++
Rogers, Arkansas .72756 'GI' The_Borne
. I :'c'PANV
Maryland -Casualty Company
.5 NwE ]:O CQE53 OF :VSUREr) 1
A F. H. Necessary and Son Construction Company,
Inc., and Necessary Rentals cp+MR,N.
Route I
Rogers, Arkansas 72756 COMPANY
LE.:R
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ich ;.5 c?ruricate ni y C3 UC._2tl Cr ^' V pertmIn. E i 2 I .3Ursn.s 3 !ord d u the ^oi ci2s dsscr 03d here, s .: _ .::r I
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EgtdYl- 1 i POLICY
EEIILt' LV.n I(UQI!)N RATE
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a,4._ 1 L.•_. V
Limits of Liability in Thousands 10001
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'arOU'LV INJURY
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Contractor
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::.:r� cLco —04/22/3
City of Fayetteville NNW Associated Insuranc .
Fayetteville, Arkansas .
Re: Walker Park Improvements ¢ _ =;'_t—`-P—
r
ARKANSAS PERFORMANCE AND PAYMENT BOND
J
174 :js
COMMUNITY DFVFLOP?INT BLOCK Federal, Management Circular 74_7
GRANT REGULATIONS Attachment B
BONDING AND INSURANCE
REQUIREMENTS
A State or local unit of government receiving a grant from.
the Federal Government which requires contracting for construc-
tion or facility improvement shall follow its own :requirements
relatingto bid guarantees, performance bonds, and payment bonds
except for contracts exceeding•$100,000. For contracts exceeding
$100,000, the minimum requirements shall be as follows:
a. A bid guarantee from each bidder equivalent to five per-
cent of the bid price. The "bid guarantee" shall consist of a
firm commitment such as a bid bond, certified check, or other
negotiable instrument accompanying a bid as assurance that the
bidder will, upon acceptance of his bid, execute such contractual
documents as may be required within the time specified.
b. A performance bond on the part of the contractor for 100
percent of the contract price. A performance bond" is one exe-
cute in connection with a contract to secure fulfillment of all
the contractor's obligations under such contract.
c. A payment bond on the art of the contractor for 100 per-
cent of the contract prceA� "payment bond" is one executed in
connection with a contract to assure payment as required by law
of all persons supplying labor and material in the execution of
the work provided for in. the contract.
1
FRED. S. JAMES & CO. OF ARKANSAS. INC. 1220 West Third Street Little Rock, Arkansas 72203 5011376-6651
w
ARKANSAS STATUTORY PERFORMANCE & PAYMENT BOND_
We F. H. NECESSARY & SON CONSTRUCTION CO., ₹NC: -
as Principal, hereinafter called Principal, and v "
x
NATIONAL SURETY CORPORATION
—t as Suretjohereinafter
called Surety, are held and firmly bound unto c~n
CITY OF FAYETTEVILLE, ARKANSAS
as Obligee, hereinafter called Owner, in the amount of THIRTY TWO THOUSAND NINE
HUNDRED AND NO/100----------------- Dollars($. 32,900.00
for the payment whereof Principal and Surety bind themselves, their heirs, personal representatives,
successors and assigns, jointly and severally, firmly by these presents.
Principal has by written agreement dated
entered into a contract with Owner for
IMPROVEMENTS WALKER PARK NORTH
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
The condition of this obligation is such that if the principal shall faithfully perform the Contract on
his part and shall fully indemnity and save harmless the Owner from all cost and damage which he
may suffer by reason of failure so to do and shall fully reimburse and repay the Owner all outlay and
expense which the Owner may incur in making good any such default, and further, that if the
Principal shall pay all persons all indebtedness for labor or materials furnished or performed under
said contract failing which such persons shall have a direct right of action against the Principal and
Surety jointly and severally under this obligation, subject to the Owner's priority, then this obligation
shall be null and void; otherwise it shall remain in full force and effect.
No suit, -action or proceeding shall be brought on this bond outside the State of
Arkansas. No suit, action or proceeding shall be brought on this bond except by the Owner after six
months from the date final payment is made on the contract, nor shall any suit, action or proceeding
be brought by the Ownerafter two years from the date on which the final payment under the Contract
falls due.
Any alterations which may be made in the terms of the Contract, or in the work to be done under it,
or the giving by the Owner of any extension of time for the performance of the Contract, or any other
forbearance on the part of either the Owner or the Principal to the other shall not in any way release
the Principal and the Surety or Sureties, or either or any of them, their heirs, personal representa-
tives, successors, or assigns from their liability hereunder, notice to the Surety or Sureties of any
such alteration, extension or forbearance being hereby waived.
In no event shall the aggregate liability of the Surely exceed the sum set out herein.
This bond is given in compliance with act 351 of 1953 as amended.
Executed on this 12th dayof April tg 83
1. NECESSARY & SON CONSTRUCTION CO., INC.
Prirnti pal
By
NATI Pp/NAAL/ UREETTTYY CORPORATIONSth�ty
Attorney -in -fact
Jack East, Jr. /
I ,/
- . V.---• V.%A I lV.N
KNOW ALL MEN BY THESEPRESENTS: That NATIONAL SURETY CORPORATION. a Corporation dulyorgariized and existing under the laws or
the State of Illinois. and having its Home Office in the City of Chicago. Illinois. has made, constituted ar�,i.p,oikmd. and does by these presents make.
constitute and appoint
JACK EAST, JR., JUDY FRANKS and DONALD R. HENDERSON
jointly or severally
LITTLE ROCK, AR
its true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred in its name, place and stead. to execute, seal, acknowledge and
deliver any and all bonds, undertakings. recognizances or other written obligations in the nature thereof ------^-------------
and to hind the Corporation thereby as fully and to the same extent as if such bonds were signed in the President. sealed with the corporate seal of the
Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises.
This power of attorney is granted pursuant to Article Vlll. Section 29 and 30 of By-laws of NATIONAL. SURETY CORPORATION now in full forte
and effect.
"Article VIII. Appointment and Authority Assistant secretaries, and Attorney -in -Fact and Agents to accept Legal Process and Make Appearances.
Section 29. Appointment. The Chairman of the Board of Directors, the President, any Vice -President or any other person authorized by the Board o:
Directors, the Chairman of the Board of Directors, the President or any Vice -President, may, from time to time, appoint Resident Assistant Secretarie
and Attorneys -in -Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and or
behalf of the Corporation.
Section.30. Authority. The Authority of such Resident Assistant Secretaries, Attorneys -in -Fact, and Agents shall be as prescribed in the instrument
evidencing their appointment, and any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by
any person empowered to make such appointment." _
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors*of NATIONAL
SURETY CORPORATION at a meeting duly called and held on the 7th day of September. 197?. and said Resolution has not been amended or
repealed: - -
"'RESOLVED. that the signature of any Vice -President. Assistant Secretary. and Resident .Assistant Secretary of this Corporation. and the seat of this
Corporation may be affixed or printed on any power of attorney . on any revocation of any power of attorney. or on any certificate relating thereto. hs
facsimile, and any power of attorney, any revocation of any power of attorney. or certificate hearing such facsimile signature or facsimile seal shall hr
valid and binding upon the Corporation." .
IN WITNESS WHEREOF. NATIONAL SURETY CORPORATION has caused these presents to he signed by its Vice -President.
and its corporate seal to be hereunto affixed this 19th day of
pETyC
�J
4 se.• .., - a l
STATE OF CALIFORNIA.
CITY AND COUNTY OF SAN FRANCISCO } sc
Richard Williams
On this 19th day or May 19 82 before. me personally came
to me known, who, beine by me duly sworn, did depose and say: that he is Vicc-President of NATIONAI. SCRLTI CORPORATION. the Corporation
described in and which executed the above instrument: that he knows the seal of said Corporation: that the 'cal affixed to the said instrument i. such
corporate seal: that it was so affixed by order of the Board of Dirccmrs of said Corporation and iliac he.igned his name tltcrclo by like order.
IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal, the day and year herein first ahose w riven
May
19 82
NATIONAL SURETY CORPORATION'- ' -
V.. oPrc.Wrnl
Isl/nor/wn+wluanmrl/nrlrrlrmlr/nrInIUBI111r■
OFFICIAL SEAL E : - SUSIE K. GILBERT 5 �-w-C
E NOTARY PUBLIC - CALIFORNIA c' „,,, P1,1,1,..Ctrl' & COUNTY OF SAN FRANCISCO
My Commission Expires Nov. 17, 1984 C
■ninwn/nnnunnnuunnuuununwnnnn■ C'F:RTIFICATF:
STATE OF CALIFORNIA.
Sc
CITY AND COUNTY OF SAN FRANCISCO I
I. the undersigned. Resident Assistant Secretary of NATIONAL
SURETY
CORPORATION,
an ILLINOIS
Corporation. DO
HEREBY CERTIFY that
the foregoing and attached POWER OF ATTORNEY remains in
full force and has not been
rooked: and
furthermore that
Article N Ill. Section. 29
and 30 of the Be -laws of the Corporation, and the Resolution of the
Board or
Directors. set forth
in the Power of
Attorney: are now
in force.
Signed and sealed at the City and County of San Francisco. Dated the 12th
day of
April ly 83
Rt, iJeut A,.i, am tie. rnvl
r
CERTIFICATE OF OWNER'S ATTORNEY
►YA �i3MUS
HUC.4238.J
(2-66)
U.S. Department of Housing and Urban Development
CERTIFICATE OF OWNER'S ATTORNEY
I, the undersigned, 6s w - M , the
duly authorized and acting legal representative of the City of Fayetteville
Arkansas do hereby certify as
,
follows:
I have examined the attached contract(s) and surety bonds and the manner
of execution thereof, and I am of the opinion that each of the aforesaid'
agreements has been duly executed by the proper parties thereto acting
through their duly authorized representatives; that said representatives
have full power and authority to execute said agreements on behalf of the
respective parties named thereon: and that the foregoing agreements- consti-
tute valid and legally binding obligations upon the parties executing the
same in accordance with terms, conditions and provisions thereof.
,� �7
Date: /�� � 4
FN0.wann.. D. C.
ii
GENERAL CONDITIONS
1
U"5.
DEPARTMENT OF
HOUSING AND URBAN
OEV ELOPMENT
Community
Development
Block
Grant Program
GENERAL CONDITIONS
1. Contract and Contract Documents
The project to be constructed pursuant to this contract will be financed with assistance
from the Department of Housing and Urban Development and is 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 bindingupon 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 Deem edlnserted
8,
"Or Equal" Clause
44.
Protection of Lives and Health
9.
Patents
45.
Subcontracts
10.
Surveys, Permits and Regulations
46.
Equal Employment Opportunity
11.
Contractor's Obligations
47.
Interest of Member of Congress
12.
Weather Conditions
48,.
Other Prohibited Interests
13.
Protection of Work and Property--
49.
Use Prior to Owner's Acceptance
Emergency
50.
Photographs
14.
Inspection
St.
Suspension of Work
15.
Reports, Records and Data
. 52.
Minimum Wages
16.
Superintendence by Contractor
53.
Underpayments of Wages
17.
Changes in Work
511.
Anticipated Fringe Benefits
18.
Extras
55.
Overtime Compensation
19.
Time for Completion and Liquidated
56.
Apprentices "
Damages
57.
Employment Prohibited
20.
Correction of Work
58.
Compliance with Anti -Kickback Act
21,
Subsurface Conditions Found Different
59,
Classifications Not Listed
22.
Claims for Extra Cost
60.
Fringe Benefits Not Expressed
23.
Right of Owner to Terminate Contract
61.
Posting Wage Rates
24.
Construction Schedule and Periodic
62,
Complaints, Proceedings or Test -
Estimates
imony
25.
Payments to Contractor
63.
Claims and Disputes
26,
Acceptance of Final Payment as Release
66.
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—.n85(R)
Prs.,ous ,d."e^ .s ubsoIrle +Ec
Attachment
to Federal Labor Standards Provisions
2, Definitions
The following terms as used in this contract are respectively defined as follows:
(a) "Contractor": A person, firm or corporation with whom the contract is made by the
Owner.
(b) "Subcontractor": A person, firm or corporation supplying labor and materials or only
labor for work at the site of the project for, and under separate contract or agreement
with, the Contractor. -
(c) "Work on (at) the project": Work to be performed at the location of the project, includ-
ing the transportation of materials and supplies to or from the location of the project
by employees of the Contractor and any Subcontractor.
* See Paragraph 1 of Special Conditions
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 -42385 (9-701
7. Inspection and Testing of Materials
(a) All materials and equipment used in the construction of the project shall be subject to
adequate inspection and testing in accordance with accepted standards.
See page 7 of Special Provisions.
(b) Materials of construction, particularly those upon which the strength and durability
of the structure may depend, shall be subject to inspection and testing to establish con-
formance with specifications and suitability for uses intended,
8. "Or Equal" Clause
Whenever a material, article or piece of equipment is identified on the plans or in the
specifications by reference to manufacturers' or vendors' names, trade names, catalogue
numbers, etc„ it is intended merely to establish a standard; and, any material, article, or
equipment of other manufacturers and vendors which will perform adequately the duties
imposed by the general design will be considered equally acceptable provided the material,
article, or equipment so proposed, is, in the opinion of the Architect/Engineer, of equal
substance and function. It shall not be purchased or installed by the contractor without the
Architect/Engineer's written approval.
9. Patents
(a) The Contractor shall hold and save the Owner and its officers, agents, servants, and
employees harmless from liability of any nature or kind, including cost and expenses
for, or on account of, any patented 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-sti ulated in the Contract Documents.
(b) License or Royalty Fees: License and/or Royalty Fees for the use of a process which
is authorized by the Owner of the project must be reasonable, and paid to the holder of
the patent, or his authorized licensee, direct by the Owner and not by or through the
Contractor.
(c) If the Contractor uses any design, device or -materials covered by letters, patent or
copyright, he shall provide for such use by suitable agreement with the Owner of such
patented or copyrighted design, device or material. It is mutually agreed and under-
stood, that, without exception, the contract prices shall include all royalties or costs
arising from the use of such design, device or materials, in any way involved in the
work. The Contractor and/or his Sureties shall indemnify and save harmless the Owner
of the project from any and all claims for infringement by reason of the use of such
patented or copyrighted design, device or materials or any trademark or copyright in
connection with work agreed to be performed under this contract, and shall indemnify
the Owner for any cost, expense or damage which it may be obliged to pay by reason
of such infringement at any time during the prosecution of the work or after completion
of the work.
10. Surveys, Permits, and Regulations
Unless otherwise expressly provided for in the Specifications, the Owner will furnish to the
Contractor all surveys necessary for the execution of the work,
The Contractor shall procure and pay all permits, licenses and approvals necessary for
the execution of his contract.
The Contractor shall
comply with all
laws, ordinances, rules, orders,
and regulations re-
lating to performance
of the work, the
protection of adjacent property,
and the maintenance
of passageways, guard
fences or other
protective facilities.
11, Contractor's Obligations
The Contractor shall and will, in good workmanlike manner, do and perform all work and
furnish all supplies and materials, machinery, equipment, facilities and means, except as
MUD-423BS (R)
herein otherwise expressly specified, necessary or proper to perform and complete all the
work required by this contract, within the time herein specified, in accordance with the
provisions of this contract and said specifications and in accordance with the plans and
drawings covered by this contract any and all supplemental plans and drawings, and in
accordance with the directions of the Architect/Engineer as given from time to time during
the progress of the work. He shall furnish, erect, maintain, and remove such construction
plant and such temporary works as may be required.
The Contractor shall observe, complywith, andbe subject to all terms, conditions, require-
ments, and limitations of the contract and specifications, and shall do, carry on, and com-
plete the entire work to the satisfaction of the Architect/Engineer and the Owner.
12, Weather Conditions
In the event of temporary suspension of work, or during inclement weather, or whenever the
Architect/Engineer shall direct, the Contractor will, and will cause his subcontractors to
protect carefully his and their work and materials against damage or injury from the
weather. If, in the opinion of the Architect/Engineer, any work or materials shall have
been damaged or injured by reason of failure on the part of the Contractor or any of his
Subcontractors so to protect his work, such materials shall be removed and replaced at
the expense of the Contractor,
13, Protection of Work and Property --Emergency
The Contractor shall at all times safely guard the Owner's property from injury or loss in
connection with this contract. He shall at all times safely guard and protect his own work,
and that of adjacent property from damage. The Contractor shall replace or make good any
such damage, loss or injury unless such be caused directly by errors contained in the con-
tract or by the Owner, or his duly authorized representatives.
In case of an emergency which threatens loss or injury of property, and/or safety of life,
the Contractor will be allowed to act, without previous instructions from the Architect/
Engineer, in. a diligent manner. He shall notify the Architect/Engineer immediately there-
after. Any claim for compensation by the Contractor due to such extra work shall be
promptly submitted to the Architect/Engineer for approval.
Where the Contractor has not taken action but has notified the Architect/Engineer of an
emergency threatening injury to persons or damage to the work or any adjoining property,
he shall act as instructed or authorized by the Architect/Engineer.
The amount of reimbursement claimed by the Contractor on account of any emergency
action shall be determined in the manner provided in Paragraph 17 of the General Condi-
tions.
14, Inspection
The authorized representatives and agents of the Department of Housing and Urban Dev,•:(,i:_
ment shall be permitted to inspect all work, materials, payrolls, records of personnel,
invoices of materials, and other relevant data and records.
*See Paragraph 6 of Special Conditions
15. Reports, Records, and Data
The Contractor shall submit to the Owner such schedule of quantities and costs, progress
schedules, payrolls, reports, estimates, records and other data as the Owner may request
concerning work performed or to be performed under this contract.
lh, Superintendence by Contractor
At the site of the work the Contractor shall employ a construction superintendent or fore-
man who shall have full authority to act for the Contractor. It is understood that such
representative shall be acceptable to the Architect/Engineer and shall be one who can he
continued in that capacity for the particular job involved unless he cases to be on the
Contractor's payroll. -
MUD -42395 19 _90)
17. Changes in Work
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.
Tothe 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, by and between the Contractor and the Owner,
that the date of beginning and the time for completion as specified in the contract of the
work to be done hereunder are ESSENTIAL CONDITIONS of this contract; and it is further
mutually understood and agreed that the work emb raced in this contract shall be commenced
on a date to be specified in the ''Notice to Proceed."
The Contractor agrees that said work shall be prosecuted regularly, diligently, and un-
interruptedly at such rate of progress as will insure full completion thereof within the
time specified. It is expressly understood and agreed, by and between the Contractor and
the Owner, that the time for the completion of the work described herein is a reasonable
time for the completion of the same, taking into consideration the average climatic range
and usual industrial conditions prevailing in this locality.
If the said Contractor shall neglect, fail or refuse to complete the work within the time
herein specified, or any proper extension thereof granted by the Owner, then the Contractor
does hereby agree, as a part consideration for the awarding of this contract, to pay to the
Owner the amount specified in the contract, not as a penalty but as liquidated damages for
such breach of contract as hereinafter set forth, for each and every calendar day that the
Contractor shall be in default after the time stipulated in the contract for completing the
work.
The said amount is fixed and agreed upon by and between the Contractor and the Owner
because of the impracticability and extreme difficulty of fixing and ascertaining the actual
damages the Owner would in such event sustain, and said amount is agreed to be the amount
of damages which the Owner would sustain and said amount shall be retained from time
to time by the Owner from current periodical estimates.
It is further
agreed that
time is of the essence of each -and
every
portion of this contract
and of the
specifications
wherein a definite and certain
length
of time is fixed for the
performance
of any act
whatsoever: and where under the
contract an additional time is
HUD -4238S (R)
allowed for the completion of any work, the new time limit fixed by such extension shall
be of the essence of this contract. Provided, that the Contractor shall not be charged
with liquidated damages or any excess cost whenthe Owner determines that the Contractor
is without fault and the Contractor's reasons for the time extension are acceptable to
the Owner: Provided, further, that the Contractor shall not be charged with liquidated
damages or any excess cost when the delay in completion of the work is due:
(a) To any preference, priority or allocation order duly issued by the Government;
(b) To unforeseeable cause beyond the control and without the fault or negligence of the
Contractor, including, but not restricted to, acts of God, or of the public enemy, acts
of the Owner, acts of another Contractor in the performance of a contract with the
Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes,
and severe weather: and
(c). To any delays of Subcontractors or suppliers occasioned by any of the causes specified
in subsections (a) and (b) of this article:
Provided, further, that the Contractor shall, within ten (10) days from the beginning of
such delay, unless the Owner shall grant .a further period of time prior to the date of final
settlement of the contract, notify the Owner, in writing, of the causes of the delay, who
shall ascertain the facts and extent of the delay and notify the Contractor within a reason-
able time of its decision in the matter.
20. Correction of Work
Al! work, all materials, whether incorporated in the work or not, all processes of manu-
facture, and all methods of construction shall be at all times and places subject to the
inspection of the Architect/Engineer who shall be the final judge of the quality and suit-
ability of the work, materials, processes of manufacture, and methods of construction
for the purposes for which they are used. Should they fail to meet his approval they shall
be forthwith reconstructed, made good, replaced and/or corrected, as the case may be,
by the Contractor at his own expense. Rejected material shall immediately be removed
from the site. If, in the opinion of the Architect/Engineer, it is undesirable to replace
any defective or damaged materials or to reconstruct or correct any portion of the work
injured or not performed in accordance with the Contract Documents, the compensation to
be paid to the Contractor hereunder shall be reduced by such amount as in the judgment
of the Architect/Engineer shall be equitable.
21. Subsurface Conditions Found Different
Should the Contractor encounter sub -surface and/or- latent conditions at the site materially
differing from those shown on the Plans or indicated in the Specifications, he shall imme-
diately give notice to the Architect/Engineer of such conditions before they are disturbed.
The Architect/Engineer will thereupon promptly investigate the conditions, and if he finds
that they materially differ from those shownonthe Plans or indicated in the Specifications,
he will at once make such changes in the Plans and/or Specifications as he may find nec-
essary, any increase or decrease of cost resulting from such changes to be adjusted in
the manner provided in Paragraph 17 of the General Conditions.
22. Claims for Extra Cost
No claim for extra work or cost shall be allowed unless the same was done in pursuance
of a written order of the Architect/Engineer approved by the Owner, as aforesaid, and
the claim presented with the first estimate after the changed or extra work is done. When
work is performed under the terms of subparagraph 17(c) of the General Conditions, the
Contractor shall furnish satisfactory bills, payrolls and vouchers covering all items of
cost and when requested by the Owner, give the Owner access to accounts relating thereto.
23. Right of the Owner to Terminate Contract
In the event that any of the provisions of this contract are violated by the Contractor, or by
any of his subcontractors, the Owner may serve written notice upon the Contractor and
the Surety of its intention to terminate the contract, such notices to contain the reasons for
HUD -42385 (9-70)
such intention to terminate the contract, and unless within ten (10) days after the servir
of such notice upon the Contractor, such violation or delay shall cease and satisfactor
arrangement of correction be made, the contract shall, upon the expiration of said ten (11
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 hay
the right to take over and perform the contract; Provided, however, that if the Surety doe
not commence performance thereof within ten (10) days from the date of the mailing t
such Surety of notice of termination, the Owner may take over the work and prosecute th
same to completion by contract or by force account for the account and at the expense c
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 possessio
of and utilize in completing the work, such materials, appliances, and plant as may be o
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 progres
schedule in form satisfactory to the Owner, showing the proposed dates of commencemen
and completion of each of the various subdivisions of work required under the Contrac
Documents and the anticipated amount of each monthly payment that will become due th,
Contractor in accordance with the progress schedule. The Contractor shall also furnish of
forms to be supplied by the Owner (a) a detailed estimate giving a complete breakdown o
the contract price and (b) periodic itemized estimates of work done for the purpose o
making partial payments thereon. The costs employed in making up any of these schedule:
will be used only for determining the basis of partial payments and will not be considerel
as fixing a basis for additions to or deductions from the contract price.
** 25. Payments to Contractor
(a) N 19t=r ft" th = 15t" d?v of oach calendar month tho Owner shall maim o o progreat
payme o the Contractor on the basis of a duly certified and approved estimate o:
the work pe ed during the preceding calendar month under this contract, but tc
insure the proper pe mance of this contract, the Owner shall retain ten percent (10%9
of the amount of each ate until final completion and acceptance of all wort
covered by this contract: Provi that the Contractor shall submit his estimate
not later than the first day of the month: • ded, further, that the Owner at any time
after fifty percent (50%) of the work has been feted, if it finds that satisfactory
progress is being made, may make any of the remal - rogress payments in full;
Provided, further, that on completion and acceptance of each rate building, public
work, or other division of the contract, on which the price is state rately in the
contract, payment may be made in full, including retained percentages the less
a11,nn+nA AaA,ntjOnr
(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.
to U thi.nlA CarPnn mnuntQ 'rtA D{nhtn Gnpl�eytlpn TTranf' Tl.e ('nn_
r agrees that he will indemnify and save the Owner harmless from all claims
growing of the lawful demands of subcontractors, laborers, workmen, mechanics,
materialmen, a rnishers of machinery and parts thereof, equipment, power tools,
and all supplies, incluuI , ommissary, incurred in the furtherance of the performance
of this contract. The Contra shall, at the Owner's request, furnish satisfactory
evidence that all obligations of the na hereinabove designated have been paid, dis-
charged, or waived. If the Contractor fails s do, then the Owner may, after having
served written notice on the said Contractor, either pa aid bills, of which the Owner
has written notice, direct, or withhold from the Contracta repaid compensation a
sum of money deemed reasonably sufficient to pay any and all such , •ul claims until
satisfactory evidence is furnished that all liabilities have been fully dischar _ where -
4 Qn o7^mint 'n tyre Cr - r'rtQr c']11 b ric'irr,"I, '.n '1"flf`vdlnaP with 'h' t-rmc
See Page 10 of Supplemental General Conditions.
7
HUD -47385(9-70)
n ,. «s'. n« huf in. no
u.an« c1''tl t" P
pnn,r;cirInc /,( tit;c , 1
I TtPTI'P ha !'(1TCrr1,P/1 +n iwtr,
any obligations upon the Owner to
either the Contractor or his S
ying any
unpaid bills -of the
Contractor, the
Owner shall b e agent of the
Contractor,
and any payment so
made b t
e considered as a payment
made under
the contract b
r to the
Contractor and the Owner shall not be
liable to the
rn- r for ^v
cnrh pynaaats wade—ia_goodiaith .. _.._...___.......�_._..--
26. Acceptance of Final Payment Constitutes Release
The acceptance by the Contractor of final payment shall be and shall operate as a release
to the Owner of all claims andall liability to the Contractor for all things done or furnished
in connection with this work and for every act and neglect of the Owner and others relating
to or arising out of this work. No payment, however, final or otherwise, shall operate to
release the Contractor or his sureties from any obligations under this contract or the
Performance and Payment Bond.
27. Payments by Contractor
The Contractor shall pay (a) for all transportation and utility services not later than the
20th day of the calendar month following that in which services are rendered, (b) for all
materials, tools, and other expendable equipment to the extent of ninety percent (90°%) of
the cost thereof, not later than the 20th day of the calendar month following that in which
such materials, tools, and equipment are delivered atthe site of the project, and the balance
of the cost thereof, not later than the 30th day following the completion of that part of the
work in or on which such materials, tools, and equipment are incorporated or used, and
(c) to each of his subcontractors, not later than the 5th day following each payment to the
Contractor, the respective amounts allowed the Contractor on account of the work per-
formed by his subcontractors to the extent of each subcontractor's interest therein.
28. Insurance
The Contractor shall not commence work under this contract until he has obtained all the
insurance required under this paragraph and such insurance has been approved by the
Owner, nor shall the Contractor allow any subcontractor to commence work on his sub-
contract until the insurance required of the subcontractor has been so obtained and approved.
(a) Compensation Insurance: The Contractor shall procure and shall maintain during the
life of this contract Workmen's Compensation Insurance as required by applicable State
or territorial law for all of his employees to be engaged in work at the site of the pro-
ject under this contract and, in case of any such work sublet, the Contractor shall re-
quire - the subcontractor similarly to provide Workmen's Compensation Insurance for
all of the latter's employees to be engaged in such work unless such employees are
covered by the protection afforded bythe Contractor's Workmen's Compensation Insur-
ance, In case any class of employees engaged in hazardous work on the project under
this contract is not protected under the Workmen's Compensation Statute, the Contractor
shall provide and shall cause each subcontractor to provide adequate employer's liability
insurance for the protection of such of his employees as are not otherwise protected.
(b) Contractor's Public Liability and Property Damage Insurance and Vehicle Liability
Insurance: The Contractor shall procure and shall maintain during the life of this con-
tract Contractor's Public Liability Insurance, Contractor's Property Damage Insurance
and Vehicle Liability Insurance in the amounts specified in the Supplemental General
Conditions.
(c) Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability
Insurance: The Contractor shall either (1) require each of his subcontractors to pro-
cure and to maintain during the life of his subcontract, Subcontractor's Public Liability
and Property Damage Insurance and Vehicle Liability Insurance of the type and :n the
amounts specified in the Supplemental General Conchtinns specified in subparagraph (b)
hereof or, (2) insure the activities of his policy, specified in subparagraph (b) hereof.
(d) Scone of Insurance and Special Hazards: The insurance required under subparagraphs
(b) and (cl hereof snail provide adequate protection for he Contractor and his subcon-
tractors, respectively, against damace claims which may arise from operations under
MUD -42385 19-10)
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 portionof the project for the benefit of the Owner, the Contractor,
subcontractors as their interests may appear. The Contractor shall not include any
costs for Builder's Risk Insurance (fire and extended coverage) premiums during con-
struction unless the Contractor is required to provide such insurance; however, this
provision shall not release the Contractor from his obligation to complete, according
to plans and specifications, the project covered by the contract, and the Contractor and
his Surety shall be obligated to full performance of the Contractor's undertaking.
(f) Proof of Carriage of Insurance: The Contractor shall furnish the Owner with certificates
showing the type, amount, class of operations covered,- effective dates and date of ex-
piration of policies. Such certificates shall also contain substantially the following state-
ment: "The insurance covered by this certificate will not be cancelled or materially
altered, except after ten (10) days written notice has been received by the Owner."
29. Contract Security
The Contractor shall furnish a performance bond man amount at least equal to one hundred
percent (100%) of the contract prices as security for the faithful performance of this con-
tract and also a payment bond in an amount not less than one hundred percent (100%) of the
contract price or in a penal sum not less than that prescribed by State, territorial or local
law, as security for the payment of all persons performing labor on the project under this
contract and furnishing materials in connection with this contract. The performance bond
and the payment bond maybe in one or in separate instruments in accordance with local law.
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.
3Z. 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.
NuD-1238S(R)
33. Separate Contract
The Contractor shall coordinate his operations with those of other Contractors. Cooperation
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 on the site and failure
to give notice of lack of progress or defective workmanship by others shall be construed
as acceptance by him of the status of the work as being satisfactory for proper coordination
with his own work.
34. Subcontracting
(a)• The Contractor may utilize the services of specialty subcontractors or. those parts of
the work which, under normal contracting practices, are performed by specialty sub-
contractors,
(b) The Contractor shall not award any work to any subcontractor without prior written
approval of the Owner, which approval will not be given until the Contractor submits
to the Owner a written statement concerning the proposed award to the subcontractor,
which statement shall contain such information as the Owner may require.
(c) The Contractor shall be as fully responsible to the Owner for the acts and omissions
of his subcontractors, and of persons either directly or indirectly employed by them,
as 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 to bind subcontractors to the Contractor by the terms of the General
Conditions and other contract documents insofar as applicable to the work of subcon-
tractors and to give the Contractor the same power as regards terminating any sub-
contract that the Owner may exercise over the Contractor under any provision of the
contract documents.
(e) Nothing contained in this contract shall create any contractual relation between any
subcontractor and the Owner.
35. Architect/Engineer's Authority
The Architect/Engineer shall give all orders and directions contemplated under this con-
tract and specifications, relative to the 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 'Allowed Materials'' as directed by
the Owner on the basis of the lowest and best bid of at least three competitive bids. If the
actual price for purchasing the ''Allowed Materials'' is more -or less than the "Cash Allow-
ance,'' the contract price shall be adjusted accordingly. The adjustment in contract price
shall be made on the basis of the purchase price without additional charges for overhead,
profit, insurance or any other incidental expenses. The cost of installation of the 'Allowed
Materials'' shall be included in the applicable sections of the Contract Specifications cover-
ing this work.
10
HUD -42385 19-70)
37. Use of Premises and Removal of Debris
The Contract expresaly-undertakes at his own expense:
(a) to take every precaution against injuries to persons or damage to property:
(b) to store his apparatus, materials, supplies and equipment in such orderly fashion at the
site of the work as will not undulyinterfere 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 cleanup frequently all refuse, rubbish, scrap materials, and debris caused by his
operations, to the end that at all times the site of the work shall present a neat, orderly
and workmanlike appearance;
(e) before final payment to remove all surplus material, false -work, temporary structures,
including foundations thereof, plant of any description and debris of every nature re-
sulting from his operations, and to put the site in a neat, orderly condition:
(f) to effect all cutting, fitting or patching of his work required to make the same to con-
form to the plans and specifications and, except with the consent of the Architect/
Engineer, not to cut or otherwise altei the work of any other Contractor.
38. Quantities of Estimate
Wherever the estimated quantities of work to be done and materials to be furnished under
this contract are shown in any of the documents including the proposal, they are 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
liability in respect to any express warranties or responsibility for faulty materials or
workmanship. The Contractor shall remedy any defects in the work and pay for any damage
to other work resulting therefrom, which shall appear within a period of one year from the
date of final acceptance of the work unless a longer period is specified. The Owner will
give notice of observed defects with reasonable promptness,
41. Conflicting Conditions
Any provisions in any of the Contract Documents which may be in conflict or inconsistent
with any of the paragraphs in these General Conditions shall be void to the extent of such
conflict or inconsistency,
42. Notice and Service Thereof
Any notice
to any Contractor from the Owner
relative to any part of this contract shall
be
in writing
and considered delivered and the service thereof completed. when said notice
is
posted, by
certified or registered mail, to the
said Contractor at his last given address,
or
delivered
in person to the said Contractor
or his authorized representative
on
the work.
11
MUD -12765 (R)
43. Provisions Required by Law Deemed Inserted
Each and every provision -of law and clause required bylaw to be inserted in this contract
shall be deemed to be inserted herein and the contract shall be read and enforced as though
it were included herein, and if through mistake or otherwise any such provision is not
inserted, or is not correctly inserted, then upon the application of either party the contract
shall forthwith be physically amended to make such insertion or correction.
44. Protection of Lives and Health
tt The Contractor shall exercise proper precaution at all times for the
protection of persons and property and shall be responsible for all damages
to persons or property, either on or off the site, which occur as a result
of his prosecution of the work. The safety provisions of applicable laws
and building and construction codes, in addition to specific safety and
health regulations described by Chapter XIII, Bureau of Labor Standards,
Department of Labor, Part 1518, Safety and Health Regulations for Construction,
as outlined in the Federal Register, Volume 36, No. 75, Saturday, April 17, 1971.
Title 29 - LABOR, shall be observed and the Contractor shall take or cause to
be taken, such additional safety and health measures as the Contracting
Authority may determine to be reasonably necessary."
45, Subcontracts
"The Contractor will insert in any subcontracts the Federal Labor Standards
Provisions contained herein and such other clauses as the Department of Housing
and Urban Development may, by instructions require, and also a clause requiring
the subcontractors to include these clauses in any lower tier subcontracts
which they may enter into, together with a clause requiring this insertion
in any further subcontracts that may in turn be made,"
46. Equal Employment Opportunity
During the performance of this contract the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant
for employment because of race, religion, sex, color or national origin.
The Contractor will take affirmative action to ensure that applicants
are employed, and that employees are treated during employment, without
regard to their race, religion, sex, color, or national origin. Such
action shall include, but not be limited to, the following: employment,
upgrading, demotion, or 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 employment without
regard to race, religion, sex, color, or national origin".
(3) The Contractor will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice to
be provided advising the labor union or workers' representative of the Contractor's
commitments under Section 202 of ExecutiveOrder No. 11246 of September 24, 1965. and
shall post copies of the notice in conspicuous places available to employees and appli-
cants for employment.
(4) The Contractor will comply with all provisions of Executive Order No. 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary
of Labor. 12
(5) The Contractor will furnish all information and reports required by Executive Order
No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books, records,
and accounts by the Department of Housing and Urban Development and the Secretary of
Labor for purposes of investigation to ascertain compliance with such rules, regulations,
and orders.
(6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of
this contract or with any of such rules, regulations, or orders, this contract, may be
cancelled, terminated, or suspended in whole or in part and the Contractor may be
declared ineligible for further Government contracts or Federally -assisted construction
contracts, in accordance with procedures authorized in Executive Order No. 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked as
provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation,
or order of the Secretary of Labor, or as otherwise provided by law.
(7) The Contractor will include the provisions of paragraphs (1) through (7) in every sub-
contract or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to Section 204 of Executive Order No, 11246 of Sep-.
tember 24, 1965, so that such provisions will be binding upon each subcontractor or
vendor. The Contractor will take such action with respect to any subcontract or pur-
chase order as the Department of Housing and Urban Development may direct as a
means of enforcing such provisions, including sanctions for noncompliance: Provided,
however, that in the event the Contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the Department
of Housing and Urban Development, the Contractor may request the United States to
enter into such litigation to protect the interests of the United States.
47. Interest of Member of or Delegate to Congress
No member of or Delegate to Congress, or Resident Commissioner, shall be admitted to
any share or part of this contract or to any benefit that may arise therefrom, but this
provision shall not be construed to extend to this contract if made with a corporation for
its general benefit,
48. Other Prohibited Interests
No official of the Owner who is authorized in such capacity and on behalf of the Owner to
negotiate, make, accept or approve, or to take part in negotiating, making, accepting, or
approving any architectural, engineering, inspection, construction or material supply
contract or any subcontract in connection with the construction of the project, shall become
directly or indirectly interested 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 construc-
tion, or,
(c) When the project consists of more than one building, and one of the buildings is occupied,
secures permanent fire and extended coverage insurance, including a permit to com-
plete construction. Consent of the surety must also be obtained.
13
HUD -42385 (R)
(1) The Contractor will not discriminate against any employee or applicant for employment
because of race, creed, color, or national origin. The Contractor will take affirmative
action to ensure that applicants are employed, and that employees are treated during
employment, without regard to. their race, creed, color, or national origin. Such action
shall include, but not be limited to, the following: employment, upgrading, demotion, or
transfer: recruitment or recruitment advertising: layoff or 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 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
All laborers and mechanics employed upon the work covered by this
Contract shall be paid unconditionally and not lees often than once
each week, and without subsequent deduction or rebate on any account
(except such payroll deductions as are made mandatory by law and such
other payroll deductions as are permitted by the applicable regula-
tions issued by the Secretary of Labor, United States Department of
Labor, pursuant to the Anti -Kickback Act hereinafter identified), the
full amount due at time of payment computed at wage rates not less
than those contained in the wage determination decision of said
Secretary of Labor (a copy of which is attached and herein incorporated
by reference), regardless of any contractual relationship which may be
alleged to exist between the Contractor or any subcontractor and such
laborers and mechanics. All laborers and mechanics employed upon such
work shall be paid in cash, except that payment may be by check if the
employer provides or secures satisfactory facilities approved by the
Local Public Agency or Public Body for the cashing of the same without
cost or expense to the employee. For the purpose of this clause,
contributions made or costs reasonably anticipated under Section 1 (b)
(2) of the Davis -Bacon Act on behalf of laborers or mechanics are
considered wages paid to such laborers or mechanics, subject to the
provisions of Section 5.5(a)(1)(iv) of Title 29, Code of Federal
Regulations. Also for the purpose of this clause, regular contribu-
tions made or costs incurred for more than a weekly period under plans,
funds, or programs, but covering the particular weekly period, are
deemed to be constructively made or incurred during such weekly
period.
1 ' 1 171i s h. I' 1$3&1
In case of underpayment of wages by the Contractor or by any
subcontractor to laborers or mechanics employed by the Contractor or
subcontractor upon the work covered by this Contract, the Local Public
Agency or Public Body in addition to such other rights as may be afford-
ed it under this Contract shall withhold from the contractor, out of
any payments due the Contractor, so much thereof as the Local Public
Agency or Public Body may consider necessary to pay ouch 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 ERITTGE BENEb1TS
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 coats 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, OVERTIME COMPENSATION REQUIRED BY CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT (76 Stat. 357-360: Title 40 U.S.C., Sections 327-
332)
(a) Overtime requirements. No Contractor or subcontractor
contracting for any part of the Contract work which may require or
involve the employment of laborers or mechanics, including watchmen
and guards, shall require or permit any laborer or mechanic in any
workweek in which he is employed on such work to work in excess of 8
hours in any calendar day or in excess of 40 hours in ouch 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 wages liquidated damages.
In the event of any violation of the clause set forth in paragraph (a),
the Contractor and any subcontractor responsible therefor shall be
liable to any affected employee for his unpaid wages. In addition,
such Contractor and subcontractor shall be liable to the United States
for liquidated damages. Such liquidated damages shall be computed with
respect to each individual laborer or mechanic employed in violations
of the clause set forth in paragraph (a), in the sum of $10 for each
calendar day on which such employee was 'required or permitted to work
qim )12?.R-5(R) 15
Huo-rsh.. D. C.
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 licuidated damaged. The Local Public Agency
or Public Body shall withhold or cause to be withheld, from any moneys
payable on account of work performed by the Contractor or subcontractor,
such sums as may administratively be determined to be necessary to
satisfy any liabilities of such Contractor or subcontractor for liqui-
dated damages as provided in the clause set forth in paragraph (b).
(d) Subcontracts. The Contractor shall insert in any subcontracts
the clauses set forth in paragraphs (a), (b), and (c) of this Section
and also a clause requiring the subcontractors to include these clauses
in any lower tier subcontracts which they may enter into, together with
a clause requiring this insertion in any further subcontracts that may
in turn be made.
ar � � it •- ...� � � ,
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
allowa�e 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
16
HUD -W r., D. C.
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 formal certification, by the U. S.
Department of Labor, Manpower Administration, Bureau of Appren-
tice and Training. The ratio of trainees to journeymen shall
not be greater than permitted under the plan approved by the
Bureau of Apprenticeship and Training. Every trainee must be
paid at not less than the rate specified in the approved pro-
gram for his level of progress. Any employee listed on the
payroll at a trainee rate who is not registered and partici-
pating in a training plan approved by the Bureau of Apprentice-
ship and Training shall be paid not less than the wage rate
determined by the Secretary of Labor for the classification of
work he actually performed. The contractor or subcontractor
will be required to furnish the contracting officer or a repre-
sentative of the Wage -Hour Division of the U. S. Department of
Labor written evidence of the certification of his program,
the registration of the trainees, and the ratios and wage
rates prescribed in that program. In the event the Bureau
of Apprenticeship and Training withdraws approval of a train-
ing program, the contractor will no longer be permitted to
utilize trainees at lees than the applicable predetermined
rate for the work performed until an acceptable program is
approved.
o. 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 112116, as amended, and 29 CPR Part 30.
17
HW.T.. h., D. C.
1' / / 171 / 71' � 71' / • • / :1 : 711
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-CRT,LID "ANTI-KICKHACK 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. 9148: 62
Stat. 862; Title U.S.C., Section 8711: and Title 140 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 MECEPJIICS NOT LISTED IN AFORESAID WAGE
DETERMIi7ATION DECISION
Any class of laborers or mechanics which is not listed in the wage
determination and which is to be employed under the Contract will be
classified or reclassified conformably to the wage determination by the
Local Public Agency or Public Body, and a report of the acton 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. FRINGE BENEFITS NOT EXPRESSED AS HOURLY WAGE RATES
The Local Public Agency or Public Body ehal:
minimum wage rate prescribed in the Contract for
mechanics includes a fringe benefit which is not
wage rate and the Contractor is obligated to pay
a fringe benefit, an hourly cash equivalent ther
In the event the interested parties cannot agree
of the fringe benefit, the question, accompanied
of the Local Public Agency or Public Body, shall
the Secretary of Housing and Urban Development,
Labor for determination.
require, whenever the
a class of laborers or
expressed as an hourly.
cash equivalent of such
of to be established.
upon a cash equivalent
by the recommendation
be referred, through
o the Secretary of
}n1D•Yah.. D. C.
61. POSTING WAGE DETERML2TATION DECISIONS AND AUTHORIZED WAGE DEDUCTIONS
The applicable wage poster of the Secretary of Labor, United States
Department of Labor, and the applicable wage determination decisions of
said Secretary of Labor with respect to the various classification of
laborers and mechanics employed and to be employed upon the work covered
by this Contract, and a statement showing all deductions, if any, in
accordance with the provisions of this Contract, to be made from wages
actually earned by persons so employed or to be employed in such classi-
fications, shall be posted at appropriate conspicuous points at the site
of the work.
62. COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY Ei1PLOYEES
No laborer or mechanic to whom the wage, salary, or other labor
standards provisions of this Contract are applicable shall be discharged
or in any other manner discriminated against by the Contractor or any
subcontractor because such employee has filed any complaint or instituted
or caused to be instituted any proceeding or has testified or is about to
testify in any proceeding under or relating to the labor standards appli-
cable under this Contract to his employer.
63. CLAIMS.AND DISPUTES PERTA=TG TO WAGE RATES
Claims and disputes pertaining to wage rates or to classifications
of laborers and mechanics employed upon the work covered by this Contract
shall be promptly reported by the Contractor in writing to the Local
Public Agency. or Public Body for referral by the latter through the
Secretary of Housing and Urban Development to the Secretary of Labor,
United States Department of Labor, whose decision shall be final with
respect thereto,
64. QUESTIONS CONCERNING CERTAIN FEDERAL STATUTES AND REGULATIONS
All questions arising under this Contract which relate to the
application or interpretation of (a) the aforesaid Anti -Kickback Act,
(b) the Contract Work Hours and Safety Standards Act, (c) the aforesaid
Davis -Bacon Act, (d) the regulations issued by the Secretary of Labor,
United States Department of Labor, pursuant to said Acts, or (c) the
labor standards provisions of any other pertinent Federal statute, shall
be referred, through the Local Public Agency or Public Body and the
Secretary of Housing and Urban Development, to the Secretary of Labor,
United States Department of Labor, for said Secretary's appropriate
ruling or interpretation which shall be authoritative and may be relied
upon for the purposes of this Contract.
65. PAYROLLS AND BASIC PAYROLL RECORDS OF COnTRACTOR AND SUBCONTRACTORS
The Contractor and each subcontractor shall prepare his payrolls
on forms satisfactory to and in accordance with instructions to be
19
nto.vonh . D. C.
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 EMPLOYEES
The transporting of materials and supplies to or from the site of
the Project or Program to which this Contract pertains by the employees
of the Contractor or of any subcontractor, and the manufacturing or
furnishing of materials, articles, supplies, or equipment on the site
of the Project or Program to which this Contract pertains by persons
employed by the Contractor or by any subcontractor, shall, for the
purposes of this Contract, and without limiting the generality of the
foregoing provisions of this Contract, be deemed to be work to which
these Federal Labor Standards Provisions are applicable.
67. INELIGIBLE SUBCONTRACTORS
The Contractor shall not subcontract any part of the work covered
by this Contract or permit subcontracted work to be further subcontracted
20
HW1ush.. D. C.
without the Local Public Agency's or Public Body's prior written approval
of the subcontractor. The Local Public Agency or Public Body will not
approve any subcontractor for work covered by this Contract who is at
the time ineligible under the provisions of any applicable regulations
issued by the Secretary of Labor, United States Department of Labor or
the Secretary of Housing and Urban Development, to receive an award of
such subcontract.
68. PROVISIONS TO BE INCLUDED IN CERTAIN SUBCONTRACTS
The Contractor shall include or cause to be included in each
subcontract covering any of the work covered by this Contract, provi-
sions which are consistent with these Federal Labor Standards Provisions
and also a clause requiring the subcontractors to include such provisions
in any lower tier subcontracts which they may enter into, together with
a clause requiring such insertion in any further subcontracts that may
in turn be made.
69• BREACH OF FOREGOING FEDERAL LABOR STANDARDS PROVISIONS
In addition to the causes for termination of this Contract as
herein elsewhere set forth, the Local Public Agency or Public Body
reserves the right to terminate this Contract if the Contractor or any
subcontractor whose subcontract covers any of the work covered by this
Contract shall breach any of these Federal Labor Standards Provisions.
A breach of these Federal Labor Standards Provisions may also be grounds
for debarment as provided by the applicable regulations issued by the
Secretary of Labor, United States Department of Labor.
70. Employment Practices
The Contractor (1) shall, to the greatest extent practicable, follow hiring and employment
practices for work on the project which will provide new job opportunities for the unemployed
and underemployed, and (2) shall insert or cause to be inserted the same provision in each
construction subcontract.
71. Contract Termination: Debarment
A breach of Section 15 and the Federal Labor Standards Provisions, may
be grounds for termination of the contract, and for debarment as provided
in 29 CFR 5.6. 1
21
Riff, 473A-S(r) xuo..,,e.,D.e.
Exhibit
ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS
SO-CALLED "ANTI -KICKBACK ACT" AND REGULATIONS PROMULGATED
PURSUANT THERETO BY THE SECRETARY OF LABOR.
UNITED STATES DEPARTMENT OF LABOR
TITLE IS. U.S.C., section 874
(Replaces section I of the Act of June 13, 1934 (48 Stat. 948. 40 U.S.C.,
see. 276b) pursuant to the Act of June 25. 1948.62 Stat. 862)
KICKBACKS FROM PUBLIC WORKS EMPLOYEES.
Whoever, by force, intimidation, or threat of pro untie dkmicaI from empinvment. or by any other manner whatso.
ever induce any person employed in the congmrhon, prosecution, comp let ran or repair of any public buildine. public work.
or building or work financed in whole or in pan by Fans or crams imm the I nited States, to rice up anv pan of the corn.
penaation to which he is entitled unde-his contract of employ men& &hell be lined not more than 35.(4)7 or impnwned not
more than five years, or both.
SECTION 2 OF THE AC7 OF JUNE 13, 1934. AS AMENDED (48 Slat. 948, 62 Stat. 862,
43 Stat. 108.72 Slat. 967,40 U.S.C.. sec. 276c)
The Secretary of Labor shall make masonabk regulation. for rontrartnrs and subcontractors enraged in the eon.truction,
prosecution, completion at repair of public budding.. public works or busldmes or workfinanced in whole or in pan bs Inane
or grants from the United States, including a pm.isson that each contractor and subcontractor shill furnish weekly a stavment
with rerpeet to the wagrs paid each employee during the preceding week. Section 1001 of Title Id (United Surer (ide) shall
apply to such statements.
Pirwant to the aforesaid Anti Kickback Act. the Secretary of Labor, United States Department of Labor, has promul.
gated the regulations hereinafter set forth, which rradaiions am found in Title 29. Subtitle A. Code of Federal Rerulatsoru,
Part 3. The term "this pars,"as used in the regulations hereinafter vt forth. refers to Pert lag above mentioned. Sod ter
ulationa ate as follows:
TITLE 29 — LABOR
Subtitle A — Office of the Secretary of Labor
PART 3—C-ONfRACfORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR PUBLIC WORK FINANCED IN
WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES
Section i1 Purpose and scope.
This part prescribes "anti -kickback" regulations under section 2 of the Act of June 13. 1934. a amended (40 U.S.C.
276.). popularly known as the Copeland Act. This pan applies to any contract which is subject to Federal wage standards
and which is for the construction. prosecution. completion, or repair of public buildings, public works or buildings or works
financed in whole or in part by loans or panto from the Grated Ststes. The pin is intended to aid in the enforcement of the
minimum wage provisions of the DnnrBacon Act and the various statutes deahne with Federelly4mened construction that
contain secular minimum wage provisions, including those provisions which am not subject to Reorganization Plan No. 14
22
[HUD b238-s(R)
F]dubit
(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 provisons of the Contract Work Hours Stan duds Act whenever they art applicable to conoruct ion
work. The pan detail, the obligation of contractors and subcontractors reladve to the weekly submission of statements retail -
in g the wages paid an work covered thereby: nets forth the circumstances and procedures governing the making of payroll de.
ductions from the wages of those employed on such work: and delineates the methods of payment permissible on such work.
Section 3.2 Definitions.
As used in the regulations in this part:
(a) The terms "building" or "work" genitally include construction activity as distinguished from manufacturing,
furnishing of materials. or servicing and maintenance work. The terms include, without limitation, buildinn, dnrctures, and
improvements of all types. such as bridges. damn, plants, highways, parkways. streets. subways, tunnels. seven. mains, power-
.hnes, pumping stations. railways, airports, terminal.. docks. pies, whaAes. ways. lighthouses. buoys.lettiea. breakwater,.
knit, and canals; dredging. shoring, scaffolding, drilling, blasting, eecavating. cleating. and landscaping. Unle. conducted in
connection with end at the site of such a building or work a is described in the (ongoing sentence, the manufacture or fuml.h.
ing of materials, articles, supplies, or equipment (whether or not a Federal or State agency acquires title to such material..
articles, supplies, or equipment dunng the count of the manufacture a furnishing. or owns the materials from which they usn.
manufactured or (amished) is not a "building"or "work" within the meaning of the reguletiona in this pan.
.(b) The terms construction." "proacrution,""completion, or "repair" mean JI tvpewf work done on . particular
building or work at the site thereof, including, without limitation, mitering. remodeling. painting and decorating, the transfnrt-
ing of materials and supplies to or from the building or work be the employees of the consructon contractor or wmtruclron
subcontractor, and the manufactunne or fumishing of materds. Arteries, supplies, a equipment on the site of the building or
work, by persons employed at the ate by the contractor or mbcontr.ctor.
(c) The tens "public budding" or "public work" include building or work for whose construction, prosecution, core.
pktion. or repair. as defined above. a Federal agency is a contracting party, regrudlea of whether title thereof is in a Federal
geney.
(d) The term "buil&ng or work financed in whole or in put by loan. or rants from the United States"includes build.
ing or work for whose construction. prosecution. completion. or repair, an defined above. payment or pct payment a made
directly or indirectly from funds provided by loans or grants by a Federal agency. The term done not include building or work
for which Federal aaaiaance in limited solely to loan gurantee or imurince.
(e) Every person paid by a contractor or subcontractor in any manner for his labor in the construction, prosecution.
completion, or repair of a public buiidine or public wort or building or work financed in whole a in part by loaru or grants
from the United States is "employed" and receiving "wages"ngsdleaa of any contractual relationship alleged to exist between
him and the real employer.
(f) The term "any affiliated person"includes a spouse. child, parent, or other close relative of the contractor or Amid -
contractor; s partner or officer of the contract" or subcontractor' it corporation daily connected with the contractor of
subcontractor as parent, subsidiary or otherwise, and an officer or aRenr of such corporation.
(g) The term "Federal agency' means the United States, the District of Columbia, and all executive departments, in-
dependent establishments, administrative agencies, and instrumentalities of the United Jtates and of the District of Columbia,
including wrporatiom, all or substantially all of the stock of which is beneficially owned by the United States, by the District
of Columbia, a any of the foregoing department., establishments, agencies, and instrumentalities.
Satan 3.3 Weekly statement with tape" to payment of wan.
(a) As used in this section, the term "employee" shall not apply to persons in claaJiutions higher than that of Laborer
or mechanic and those who use the immediate supernaon of such employees.
23
(b) Earls em,traetorwwmbcontnctor engmged in the construct ion, prosecution, completion, or repair of nrypuiJie
bolding or public work. or building or work financed in wink or in part In loons or grants from the Limited Stairs.>hall
fomob each week a statement with respect to the wages paid each of its "oploven cr,aged on work covered tar 29 CFR
Pans3 and 3 during the pr ceding weekly payroll period. This aatcn,mt slsall lie executed by the contractor or unborn.
tractor or by an autkunaed officer or employer of the rontrartor nriibrontraclor who Sulwnise. the pavmnn at wa_r., and
alkali bean form WI! 3-t0, "Slasemrnl of Compliance", or on an idenlicaI (unit on the back of WII 317, '1'n roll (For Con-
InsiteaesOptional (+e)'or on any form with identical wording. Sample copies of Pll 317 and WII 3411 con' be cbtaiord from
the Government contracting or sponsoring arrncy. and topic. of tlmrsr forms may Ire purcharrd at the Government priming
Office.
(c) The requirements of this Section shell not apply to Any contract of $2.000 or Ice
(d) Upon a written funding by lime heed of a Federal agency, the Secretary of Labor may provide ,atonable limitations.
rariatwsn, toleranen, and raemplions from Ilse regLirements of this section subject to Stich condition. r the .lerrrlary of
Labor may gsrcify.
(29 F.R. 95, Jan. 4. 1964. aS Amemded .1 33 F.R. 101116, J my 17. 19601
Section 3.4 Submission of weekly statements and the preservation and inspection of weekly payroll records.
. (a) Each weekly s1.trnsent required rind" J 3.3 Jill be delitered by die contactor or .ubruutrartor. within seven
days alter the regular parosrnl dale of the pat roll pertod. to a rrprr-enlatire of a Federal or State agenn in chirp e at the
Site of Ilse building or work. or, if there is no representative of a Frdrral or State agency at Ilse site of tire building or work,
Ilse statement .ball Ise mailed by the contractor or smrbeoulractor, w thin Such time, to a Federal or Steer agency conlm.tiug
for or fin4 caring the Wuldinr or work. Afire such examination and check as may be made, such statement. or a rapt tl+rren(.
shall be kept nailahlr, or.bill be transmitted tugethcr wills a report of any nuldlion. in Accordance wilh applicaldc pruredua.
proscribed by she United States Impartment of Labor.
(b) Flack conlrarlor or subcontractor shall pre errr his week is pa roll retards fur a period of Ihrce roan from date of
compleliuu of tlw contract. The payroll rernrda:hall'ci out accaratrm and complrtrly the name and ,4Jrese of each, lalwrrr
and nledunic, his correct rlasificaliun, rare of par, daily .meal .rrkk number of bum wurkrJ. deduction. made, and :maul
wakes paid. Stith payroll neuraldull be mole available at all Iimts (or inspect on bt the contracting officer in bus amstbonacd
representative, and by Sullonaed reprr.rntatirn of time Department of Labor.
Section IS Payroll deductions permissible without application to or approval of theSecretary of Labor.
Deductions made under the ci,cumsunm at in tire situations dewribed in the paragraph, of this secoon may he made
without application to and approval of the Secretary of Labor:
(a) Any deduction made in compliance with the requirement. of Federal. State, or local law, Such u Federal or State
withholding income oases and Federal social securely taxes.
(b) Any dedurtion of sums 1wevivaslt paid to the employer as a buns fide prepayment of wages when such prgvy conic
is made without di -count or inters,. A'bmu fide prepayment of war,' is considered to have been madr only wham rim or
its equivalrot Imo been advanced to the person employed in such miner alto give him complete freedom of dispoeiI opt of IIr
advanced funds.
(c) An deduction of amount, required by mitt process to he paid to another. unless ihededuction is in favor of the
contractor, ,ubcuntractur or sin affiliated peron, or when mllu.ion or collaboration ecisls.
2!!
Ddtibit
(d) Any deduction constituting a contribution on behalf of the person employed to funds established by the employ"
or representatives of employees, or both, for the propose of protding either from principal or income, or both, medical or
hospital cue, pensions or annuities an retirement. death benefits, compensation for injunri. illness. accidents. sickness. or
disability, a for insurance to provide any of the foregoing. or unemployment benefits. vacation pay, sayings accounts, or
inilar payments for the benefit of employees, their families and dependents: Aocded. hewever. That the following standards
am met: (1) The deduction is not otherwise prohibited by law; (2) it a either: (it Voluntarily consented to by the employ"
in writing and in advance of the period in which the work is to be done and such consent i'not. condition either for the
obtaining of or for the continuation of employment. or (ii) provided for in a bona fide collective bargaining agreement be-
tween the contractor or subcontractor and representatives of its eml4oyers: (3) can profit or other benefit is otherwise obtained,
directly or indirectly, by the contractor or subcontractor or any affiliated personen the form of commission, dividend, or
otherwise; and (4) the deductions shall serve the convenience and interest of the employee.
(e) Any deduction contributing toward the purchase of United States Defense Stamps and Bonds when voluntarily
authorized by the employee. -_
(f) Any deduction requested by the employer to enable him to repay loans to or to purchase share, in credit unions
organized and operated in accordance with Federal and State credit union statute..
(g) Any deduction voluntarily authorized by the employee for the making of contributions to governmental or quaai-
govemmental agencies, such u the American Red Crow.
(h) Any deduction voluntarily authonced by the employee fur the making of contributions to Community Chew,
United Given Funds, and similiar charitable organisations.
(i) Any deductions to pay regular union initiation fees and memhenhip dues, not including fines or special aueumenta:
Provided, however, That a collective bargaining agreement beh.ren the contractor or subcontractor and representatives of its
employers provides for such deductions and the deductions are not otherwise prohibited by law.
(j) Any deduction not more than for the 'reasonable cost "of board, Lodging. or other facilities meeting the require-
ments of section 3(m) of the Fair Labor Standards Art of 19.38, as amendrd. and put 331 of this title. When such a deduction
is made the additional records required under § 56.2? (a) of this title shall be kept.
Section 3.6 Payroll deductions permissible with the approval of the Secretary of Labor.
Any contractor or subcontractor may apply to the Secretary of labor for permission to make any deduction not pa.
milted under § 3.5. The Secretary may grant permission whenever he finds that:
(a) The contractor. subcontractor, or any affiliated person don not make a profit or benefit directly or indirectly from
the deduction either in the form of a commission, dividend, or otherwise;
(b) The deduction is not otherwise prohibited by law;
(e) The deduction is either (1) voluntarily consented to by the employee in writing and in advance of the period in which
the work is to be done and such consent is not a condition either for the obtaining of employment or its continuance, or (2)
provided for in a bona fide collective bargaining agreement between the contractor or subcontractor and representatives of its
employees; and
(d) The deduction riven the convenience and interest of the employee.
25
Section 3.7 Applications for the approval of the Secretary of Labor.
Any application for the mating of payroll deductions under § 3.6 shall comply with the requirrmntls pre crtIwd in die
following paraenaphs of this section:
(a) The application alkali be in writing and %lull he addnwcd to tie Secretary of labor..
(b) The application shall identify the contract or contracts under witirh the work in question is to I.e per(orinrd. per.
mission will be given for deductions only an specific, identified contracts, except upon a showing of a ceptional eircumstanns.
(c) The application shall state affirmatively that then is compliance with the altandards se) forth in the provisions of
j3.6. The affirmation shalt be accompanied by a full statement of the facts indicating such compliance.
(d) The application shall include a description of the pio and dcdurtimt, the purpose to be served thereby. and the
dues of laborers or mechanics from whom wages the proposed deduction would he made.
(e) The application shall ante the name and bueineu of any third peraon to whom an' funds obtained from 11w -pro.
posed deductions ace to be Innamitted and the affiliation of such prrton, if any, with the applicant.
Section 3.8 Action by the Secretary of Labor upon applications.
The Secretary of Labor shall decide whether or not the requested deduction i permissible under provisions of § 3.6;
and &hall notify the applicant in writing of his decision.
Section 3.9 Prohibited payroll deductions.
Deductions not a kwlere provided (or by this part and which arc not found to be permissible under § 3.6 an prol.iLihd.
Section 3.10 Methods of payment of wages
The payment of wages al.sl be by rash, negotiable instruments pgable on demand, or the add it ionsI forms of cone l scow.
tan for which deductions are permissible under this part. No ollwr methods of payment shall be neoguiecd on work suhkcct
to the Copeland Act.
Section 3.11 Regulations put of contract.
All contract, made with respect to the tonstruction. pmmrution, completion. or repair of any public bnildine or public
work or building or work financed in whole or in pan by loam or grants from Ilse United Stales covered by the regulators in
this part shall expressly bind Il.e contractor or subconlnctor to comply with such of the regulations in Ibis put as may be ap.
pliable. In this regard. we § 5.5(a) of this subtitle.
26
i'UJ h?3.q-S(R)
Index of General Conditions
Subject - Section
Subject Section
Accident Prevention....................
44
Notice and Service......................
42
Additional Bond ..........................
30
Obligations of Contractor.............
I1
Additional -Instructions ................
3
"Or Equal" Clause ......................
8
Allowances ........ .......................
36
Overtime Compensation .,.....,.......
Sc.
#Anti -Kickback Act ......................
58.
Owner's right to terminate...........
23
Apprentices ...............................
56.
Patents .........,.............,.....,.......
9
Architect's Authority ..................
35
Payment of Employees............ ...
52
Assignments ..............................
31
Payments by Contractor.......... ...
27
Bond, Security ...........................
29
Payments to Contractor...............
25
Bond, Security, additional............
30
Payrolls and Records
65,
Changes in Work ........................
17
Periodic Estimates.....................
24
Claims for Extra Cost.................
22
Permits, Surveys, Regulations......
10
Completion time .........................
19
Photographs,..............................
50
Complaints, Proceedings or Testimony
62.
Posting Minimum wage rates ........
61.
Condition, Subsurface..................
21
Prohibited Interests,.,.................
48
Conflicting Conditions .................
41 "
Protection of lives and health........
44
Construction Schedule
24
Protection of work, property:........
13
.................
Contract Documents
I
* Provisions required by law,..........
43
....................
Contract Security .......................
29
Quantities of Estimate..................
38
Contractor's Insurance ................
28
Questions Concerning Regulations ..,.
61i,
Contract Termination
71.
Release of Contractor..................
26
..................
Contractor's Mutual Responsibility
32
Removal of Debris ......................
37
Contractor's Obligations ..............
11
Reports, Records and Data...........
15
Claims and Disputes .................
63.
Responsibility of contractor..........
32
Controcto-'s Title to Materials.....
6
Right of Owner to terminate..........
23
Classifications Not Listed ...........
59,
Rights -of -Way............................
39
Correction of Work ........0.1.....0....
20
Schedule of Construction ..............
24
Damages, Liquidate;: ...................
19
Security....................................
29
Data. Report= and Pero -+s ...........
15
Separate contracts ......................
33
Debarment Breach of Labor Standards
69,
Services, materials, iacil:t:es.......
5
Debris Removal
- 37
Shoo Drawir.gs............................
4
.........................
Definitior.s
2
Specific Coverage..,....... I..............
66.
................................
3
Stated Allowances
36
Detail Drawings .........................
-
.......................
344and
Different Subsurface ...................
21
Subcontracting.......................
45
Discrimination, employment.........
46
Subcontractor's Insurance............
28
Drawings detail..........................
3
Subcontractors Ineligible..............
67.
Emergencies .............................
13
Substitute Bond...........................
30
Employment Practices
70.
Subsurface conditions ..................
21
# ......,....
Equal Employment Opportunity....
46
Superintendence by contractor.......
16
Estimated Quantities...................
38
Surveys, permits........................
10
Extras
18
Suspension of work......................
51
......................................
Final Payment
26
Termination of contract.......... 23
and 71
, ...........................
"Guaranty,
40
Testing of Materials....................
7
general .......................
Inspection .................................
14
Time for completion....................
19
Inspection of 1. Materials ................
7
Title to materials .......................
6
Insurance ..................................
28
Use and Occupancy......................
49
Lands and Rights -of -/ay.............
39
Use of Premises.........................
37
Legal Provisions, Implied............
43
1lnderl aynents of tages .................
53
Liquidated damages ....................
19
Wages, Minimum........................
52
Materials ..................................
5
WageIJndernayments...................
53
?Member of Congress...................
47
Weather Conditions.....................
12
Minimum Wages............... ... .......
52
Withholding of Payments ..............
53
Non-discrimination in Employment
46
* Anticicated Fringe Benefits.........
5p
a F.rteployment Prohitited...............
57
u Fringe Benefits Not Ernresscd....
60
I.,
* Provi.sions to ti: Included...........
69
e-
Attachment to Federal Labor Standards Provisions
27
MUD -.7385 (R)
r
SUPPLEMENTAL GENERAL CONDITIONS
U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT )*JD -u -6-r (R)
(9-66)
SUPPLEMENTAL GENERAL CONDITIONS
1. Enumeration of Plans, Specifications and Addenda
2. Stated Allowances
3. Special Hazards
4. Public Liability and Property Damage Insurance
5. Photographs of Project
6. Schedule of Minimum Hourly Wage Rates
7. Builder's Risk Iniurance
8. Special Equal Opportunity Provisions
9. Certification of Compliance with Air and Water Acts
1O. Revision to General Conditions, Section 25, HUD Form 4238S
1. ENUMERATION OF PLANS, SPECIFICATIONS AND ADDENDA
Following are the Plans, Specifications and Addenda which form a part of this contract, as set forth in
Paragraph 1 of the General Conditions, "Contract and Contract Documents":
DRAWINGS
General Construction: - Nos. - 1 of 1
Heating and Ventilating: ,r N/A
Plumbing: " N/A
Electrical: " N/A
n
if
SPECIFICATIONS:
General Conditions
Page 1
to 27 ,.
inci.
Supplemental General Conditions
1
to 10 ,
inci.
Special Conditions
" —1
tom,
inci.
Special Provisions
1
to 10 ,
inci.
Federal Wage Decision
"
to ,
Incl.
specifications.
" _ 1
to 7 ,
Incl.
ADDENDA:
No. Date
No.
Date
No. Dater
No.
Date
2. STATED ALLOWANCES
(N/A)
Pursuant to paragraph 36 of
the General Conditions, the contractor shall
include the following cash
allowances in his proposal:
(a) For
(Page
of
Specifications)
$
(b) For
(Page
_ of
Specifications)
$
(c) For
(Page
of
Specifications)
$
(d) For
(Page
of
Specifications)
$
(e) For -
(Page
of
Specifications)
$
(f) For
(Page
of
Specifications)
S
3. SPECIAL HAZARDS
The Contractor's and his Subcontractor's Public Liability and Property Damage Insurance shall provide
adequate protection against the following special hazards:
N/A
4. CONTRACTOR'S AND SUBCONTRACTOR'S PUBLIC LIABILITY, VEHICLE LIABILITY,
AND PROPERTY DAMAGE INSURANCE
INSURANCE
The Contractor shall not commence Wor
obtained all the insurance required under
has been approved by the Owner, nor
subcontractor to commence Work on his
required of the subcontractor has been so
-k under this Contract until he has
this paragraph and such insurance
shall the Contractor allow any
subcontract until the insurance
obtained and approved.
(1) Worker's Compensation Insurance - The Contractor shall procure and
shall maintain during the life of this Contract Worker's
Compensation Insurance as required by applicable state law for all
of his employees to be engaged in work at the site of the Project
under this Contract and,. in case of any such Work sublet, the
Contractor shall require the subcontractor similarly to provide
Worker's Compensation Insurance. In case any class of employees
engaged in hazardous work on the Project under this Contract is
not protected under the Worker's Compensation Statute, the
Contractor shall provide and shall cause each subcontractor to
provide adequate employer's liability insurance for the protection
of such of him employees as are not otherwise protected. The
minimum limits for such insurance shall be $100,000.00 The
policy(s) shall be extended to include waiverof subrogation to
the Owner.
(2) Contractor's Comprehensive General Liability Insurance - For not
less than the following limits. of liability;
Bodily Injury: $500,000.00 each occurrence
$500,000.00 aggregate
Property Damage: $250,000.00 each occurrence
$250,000.00 aggregate
Include the following coverage:
(a)
(b)
(c)
(d)
(e)
Completed Operations Coverage for not less than two
years.
Blanket Contractual Liability to cover
accordance with Paragraph (e) on the
General Conditions of the Contract for
Waiver of all "XCU" exclusions.
Broad Form Property Damage and Personal
Independent Contractor's Coverage.
(2)
Indemnity Agreement in
following page of the
Construction.
Injury Liability.
(3)
Contractor's
Comprehensive
Automobile
Liability Insurance - For
not less than
the following
limits
of liability;
Bodily Injury:
occurrence
Property Damage:
occurrence
$ 500,000.00 each person
$1,000,000.00 each
100,000.00 each
Include Hired car and Non -Ownership Coverage.
(4) Contractor's Excess Umbrella Policy - $1,000,000.00 limit of
liability policy shall be provided:
(5) Indemnification - The Contractor shall indemnify and hold
harmless the Owner and the Engineer and their agents and employees
from and against all claims, damages, losses and expenses
including attorney's fees arising out of or resulting from the
performance of the work, provided that any such claim, damage,
loss or expense (1) is attributable to bodily injury, sickness,
disease or death, or to injury to or destruction of tangible
property (other than the work itself) including the loss of use
resulting therefrom, and (2) is caused in whole or in part by any
negligent act or omission of the Contractor, and Subcontractor,
anyone directly or indirectly employed by any of them or anyone
for whose acts any of them may be liable, regardless of whether or
not it is caused in part by a party indemnified hereunder. In any
and all claims against the Owner or the Engineer or any of their
agents or employees by any employee of the Contractor, any
Subcontractor, anyone directly or indirectly employed by any of
them or anyone for whose acts any of them may be liable, the
indemnification obligation under this Paragraph shall not be
limited in any way by any limitation on the amount or type of
.damages, compensation or benefits payable by or for the Contractor
any Subcontractor under worker's compensation acts, disability
benefit acts or other employee benefit acts.
(6) Proof of Carriage of Insurance - The Contractor shall furnish the
Owner with certificates showing the type, amount, class of
operations covered, effective dates and dates of expiration of
policies. Such certificates shall also contain substantially the
following statement: "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."
The above named limits shall be operative except where, in the opinion
of the Owner, the character of the work and hazards involved warrant the
establishment of greater coverage (established by letter from the Owner to
the Contractor). The Contractor shall furnish the Owner with duplicate
copies of all policies or certificates from insuring agencies as evidence
that these requirements have been satisfied. It shall be the entire
responsibility of the Contractor to purchase and place in effect during the
entire life of the Project, all insurance and bonds as applies to the
Project and is requested herein.
5. PHOTOGRAPHS OF PROJECT
As provided In paragraph 50 of the General Conditions, the Contractor will furnish photographs in
the number, type, and stage as enumerated below: _
N/A
6. SCHEDULE OF OCCUPATIONAL CLASSIFICATIONS AND MINIMUM HOURLY WAGE RATES AS RE-
QUIRED UNDER PARAGRAPH 52 OF THE GENERAL CONDITIONS
Given on Pages
7. BUILDER'S RISK INSURANCE
N/A
INSURANCE SUMMARY FORM
This form summarizes the insurance coverage presented on the Insurance Certificates attached hereto.
PROJECT DESCRIPTION
City of'Fayetteville
Owner
Improvements to Walker Park North
Project
Insurance Company
Home Office Address
Insured Contractor
Home Orrice Address
Workmen's Compensation
s.
Automobile Liability
*+
Comprehensive General
Liability
Owner's Protective
Liability
Umbrella Policy
McClelland Consulting Engineers, Inc
Engineer
82-163 February, 1983
Project No. Project Date
Name of Agent
Home Office Address
Corporation
Partnership
Individual
INSURANCE POLICIES IN FORCE
Policy Effective Expiration
No. Date Date
BODILY INJURY & PROPERTY DAMAGE COVERAGE*
Limits of Engineer Named as
Liability Additional Insured
Not Applicable
Not Applicable
Not Applicable
YES NO
X - Arising out of blasting. -
C - Arising out of structural collapse or building injury. _
U - To underground facilities and utilities. ,
Deductible amount if any (AUTO -) (OTHER
AUTHORIZED ARI:ANSAS RESIDENT AGENTS SIGUATURE: DATE
Home Office Address
NOTE: Sub -contractors, as well as Prime/General Contractor Attachment to Document tlo. 11
must furnish insurance certificates and fill out this General Conditions: Page 10 of 10.
form prior to the time contract is awarded.
Indicate "Yes" or "No" in blanks provided.
8. SPECIAL EQUAL OPPORTUNITY PROVISIONS
A. Activities and Contracts Not Subject to Executive Order 112L6, 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.
(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 of Labor, or as otherwise provided by law.
(7) The Contractor will include the portion of the sentence immediately pre-
ceding paragraph (1) and the provisions of paragraph (1) through (7) in
every subcontract or purchase order unless exempted by rules, regulations,
or orders of the Secretary of Labor issued pursuant to Section 204 of
Executive Order 11246 of September 24, 1965, so that such provisions will
be binding upon each subcontractor or vendor. The Contractor will take
such action with respect to any subcontract or purchase order as the
Department may direct as a means of enforcing such provisions, including
sanctions for noncompliance: Provided, however, that in the event a
Contractor becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by the. Department,
the Contractor may request the United States to enter into such litigation
to protect the interest of the United States.
C. Hometown or Imposed Plans
In areas where a hometown plan or imposed plan is operative, the Community
Development Block Grant Recipient must contact the appropriate HUD Equal
Opportunity Office for specific instructions.
D. "Section 3" Compliance in the Provision of Training, Employment and Business
Opportunities:
During the performance of this contract, the contractor agrees as follows:
(1) The contractor agrees to comply with the requirements of Section 3 of the
Housing and Urban Development Act of 1968 (12 USC 170(u), as amended, the
HUD regulations issued pursuant thereto at 2L CFR Part 135, and any appli-
cable rules and orders of HUD issued thereunder.
(2) The "Section 3 clause" set forth in 2!1 CFR 135.20(b) shall form part of
this contract, as set forth in Paragraph 1 of the General Conditions,
"Contract and Contract Documents".
(3) Contractors shall incorporate the "Section 3 clause" shown below and the
foregoing requirements in all subcontracts.
Section 3 Clause as Set Forth in 2b CFR 135.20(b)
A. The work to be performed under
this contract is on a project assisted un-
der a program providing direct Federal
financial assistance from the Depart-
ment of Housing and Urban Develop-
ment and Ls subject to the requirements
of section 3 of the Housing and Urban
Development Act of 1968, as amended. 12
U.S.C. 1701u. Section 3 requires that to
the greatest extent feasible opportunl-
ties for training and employment be
given lower Income residents of the
project area and contracts for work in
connection with the project be awarded
to bualness concerns which an located
In. or owned in substantial part by per-
sons raiding In the area of the project.
B. The parties to this contract will
comply with the provitlons of said sec-
tion 3 and the mutation, Issued pursu-
ant thereto by the Secretary of Housing
and Urban Develor.ment set forth in 24
CFR ---. and all applicable rules and
orders of the Department Issued there-
under prior to the execution df this con-
tract. The part) -s to this contract certify
and agree that they ere under no con-
tractual or other disability which would
prevent them from complying with theme
requirement!.
C. The contractor will send to each la-
bor org^nlzation rr representative of
workers with wht h he has a collective
bargaining agreement or other eontre.ct
or understanding. It any, a notice advis-
ing the said la`or organization or work-
enrepresentative of his commitments
under this section 3 clause and shall poet
copies of the notice in conspicuous places
available to employees and applicants for
employment or training.
D. The contractor will Include this
section 3 clause In every subcontract for
work in connection with the protect and
will, at the direction of the applicant
for or recipient of Federal Ananclai as-
sistance. take appropriate action pursu-
ant to the subcontract upon a finding
that the subcontractor is in violation of
regulations 1 -sued by the Secretary of
Housing and . Urban Development. 24
CFR —. The contractor will not sub-
contract with any subcontractor where
it has noti^e or knowledge that the latter
has been found in violation of regula-
tions under 24 CFR -- and will not
let any subcontract unless the subcon-
tractor has first provided it with a pre-
liminary statement of ability to comply
with the requirements of these regu-
lations.
E. Compliance with the provisions of
section 3. th± regulations set forth in 24
CFR —, a^d all applicable rules and
orders of the Department Issued there-
under prior to the execution of the con-
tract. shall be a condition of the Federal
financial assistance provided to the proj-
ect, binding upon the applicant or recip-
ient for such assistance. Its successors.
and assigns. Failure to fulfill these re-
quirements shall subject the applicant or
recipient, Its contractors and subcontrac-
ton. its sucreeaors. and assigns to those
sanctions specified by the grant or loan
agreement or contract through which
federal assistance Is provided, and to
much sanction, as are speelfled by 24
CFR-135.
9, CERTIFICATION 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,
!a2 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 !t0 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 b0 CFR 15.20.
(2) Agreement by the contractor to comply with all the requirements of
Section 11h of the Clean Air Act, as amended, (La 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 llb 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.
(1y) Agreement by the Contractor that he will include, or cause to be included,
the criteria and requirements in paragraph (1) through (l) 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.
r
rk
CERTIFICATION BY PROPOSED SUBCONTRACTOR
REGARDING EQUAL EMPLOYMENT OPPORTUNITY
� J
FORM APPROVED
BUDGET BUREAU NO. 63.R1138 HUD-4238-CD•2
. ... (2-67)
1.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING
EQUAL EMPLOYMENT OPPORTUNITY
F. H. Necessary & Son Construction Company, Inc.
NAME OF PRIME CONTRACTOR PROJECT NO.
INSTRUCTIONS
This certification is required'pursuant to Executive Order 11246 (30 F.R. 12319-25). The implementing rules and
regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as
an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or sub-
contract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under
applicable instructions.
Where the certification indicates that the subcontractor has not filed a compliance report due under applicable in-
structions, such subcontractor shall be required to submit a compliance report before the owner approves the sub-
contract or permits work to begin under the subcontract.
SUBCONTRACTOR'S CERTIFICATION
/
Subcontractor's Name: ' ' { CcLC 2n tk+l }(--C)C 5 "c .
Address: Pc.
1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause.
Yes Q No 0
2.. Compliance reports were required to be filed in connection with such contract or subcontract.
Yes [ No
3. Bidder has filed all compliance reports due under applicable instructions, including SF -100.
Yes a No INone Required I
4. If answer to item 3 is "No," please explc',n 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)
'I? ci 7
'Ir.NATURF DATE
/
Previous Editions Obsolete l 1
215789-P HUD -Wash., D. C.
r
CERTIFICATION OF BIDDER CONCERING LABOR
STANDARDS AND PREVAILING WAGE REQUIREMENTS
,T 11.i ANA1 0cn
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
CONTRACTOR'S CERTIFICATION
CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS
TO (dpprnprime Br rip tent/:
.City of Fayetteville, Arkansas
c/o Community De'ielopment Department
Sandra Carlisle, Director
P 0- lrawar F, Fayattaville, AR
1. The undersigned, having executed a contract with City' of
UATE
April 11. 1983
PROJECT MINDER (If any)
P POJECT NAME
Improvements to Walker PIE
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 that:
(a) Neither he nor any firm, partnership or association in which he has substantial interest is designated as an
ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6(b) of the Regulations
of the Secretary of Labor, Part 5 (29 CFH, Part 5) or pursuant to Section 3(a) of the Davis -Bacon Act, as
amended (40 U.S.C. 276u -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 Inn 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 Iego l home and the business address of the undersigned ate:
F. H. Necessary & Son Construction Co., Inc.
H.A. 1 Box 390K Rogers, Ar 72756
(b) The undersigned is:
III A SINGLE PROPRIETORSHIP 131 A CORPORATION ORGANIZED IN THE STATE OF
Arkansas
(21 APARTNERSHIP 14) OTHER ORGAHIZATION(Dcsctibc(
(c) The name, title and address of the owner, partners or officers of the undersigned ore:
NAME TITLE ADOPEss
F.H.Neeessary President Rogers Ar
James F. Necessary V. President Rog —e ar
Mike Necessary Secretary Rogers, Ar
HUD -1421 la -75)
11.e nn.nes end odti'UR• of all other .ersuns, Loth I:atu'ol and terpcmte, h^_ving o subsicnt,ul interest inIlia undo s gn:d,
and the nolure of I lra ;ntrrc Si are If n/n+..n Terre):
NAME ADDRESS Ka I URE OF INTEN EST
None
(e) The names, addresses and trade closs ificm ions of oil other building construction contractors in %%hich the ucdersi goad has
o substantial interest are If(noor. so store):
NAME ♦OOR ESS TOADS CLASSIFICATION
None
F.H.Necessary & Son
Construction Co., Inc.
(Cunrrarrot) ---
Date April 20• 1983.
By —
WARNING
U.5. Criminal Code, Section 1010, Title 18, U.s.C.. provides in part: ''Whoever..... makes, passes, utters or publishes any
statement, knowing the same to be false ..... shatl be fined not more than S5.D00 or imprisoned not more Olin two years, or both."
l
con ..._...
CERTIFICATION OF PROPOSED SUBCONTRACTOR
CONCERNING LABOR STANDARDS AND
PREVAILING WAGE REQUIREMENTS
® CO 5RATED
US. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SUBCONTRACTOR'S CERTIFICATION
CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS
TO City of Fayetteville CATIApril 11), 1983
Community Development Department PROJECT „UM BE"(If CA,)
clot Sandra Carlisle, Director WP -N 82-01
POJ(CTSan
P.O. Drawer F, Fayetteville,Arkansas Improvements to Walker Park North
1. The undersigned, having executed a contract with F. H. Necessary & Son Construction
(Lonvuna, or Suacoiwauor).
Company ,,,Manhole Adjustments
(,Vnrure of 1LOrkl
in the amount of 23 ,000
in the construction of the above -identified project, certifies that:
(a) The Labor Standards Provisions of The Contact 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 toSection 5.6(b)
of the Regulations of the Secretary of Labor, Part 5 (29 CFR, Part 5), or pursuant to Section 3(a) of the Davis -
Bacon Act, as amended (40 U.S.C. 276a—
2(a)).
(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-
meats, executed by the lower tier subcontractor, in duplicate.
(a) The workmen will report for duty on or about (Dole.'
3. He certifies that:
1 ) The legal name and the business address of the undersigned are:
Decco Contractors Inc.
P. 0. Box 580
RogPrc, AR 72756
Ib) The undersigned Is:
(l) A SINGLE PROPRIETORSHIP: (3) A CORPORATION ORGANIZED IN THE STATE OF:
Arkansas
Ill A PARTN ERSNIPr IO OTHER ORGANIZATION (Describe)
(c) The Acme, title and address of the owner, partners or officers of the undersigned are:
NAME - TITLE - ADDRESS
David E. Covington President Rogers, AR
HUD —Is?] le -r5)
HUD h238—B(R)
INFORMATION FOR BIDDERS
1. Receipt and Opening of Bids
The City of Fayetteville, Arkansas (herein called
the "Owner"), invites bids on the form attached hereto, all blanks of which
must be appropriately filled in. Bids will, be received by the Owner at the
office of Community Development, 530BlN. College until 2:00
o'clock P.M., local time March 30, 1983 , and then at
said office publicly opened and read aloud. The envelopes containing the bids
must be sealed, addressed to Community Development Department, City of Fayetteville
at Fayetteville, Arkansas and designated as Bid for
Walker Park North Improvements
The Owner may consider informal any bid not prepared and submitted in accord-
ance with the provisions hereof and may waive any informalities or reject any
and all, bids. Any bid may be withdrawn prior to the above scheduled time for
the opening of bids or authorized postponement thereof. Any bid received after
the time and date specified shall not be considered. No bidder may withdraw a
bid within 30 days after the actual date of the opening thereof.
2. Preparation of Bid
Each bid must be submitted on the prescribed form and accompanied by
Certification by Bidder Regarding Equal Employment Opportunity. Furor
HUD -1j238 -CD -l.
All blank
spaces for bid prices must be filled in, in ink or typewritten, in both
words and figures, and the foregoing Certifications must be fully completed
and executed when submitted.
Each bid must be submitted in a sealed envelope bearing on the outside the name
of the bidder, his address, and the name of the project for which. the bid is
submitted. If forwarded by mail, the sealed envelope containing the bid must
be enclosed in another envelope addressed as specified in the bid form.
3.Subcontracts
The bidder is specifically advised that any person, firm,or other party to whom
it is proposed to award a subcontract under this contract --
a, Must be acceptable to the Owner after verification by the HUD Area Office
of the current eligibility status, and,
b Must submit Form HUD -11238 -CD -2, Certification by Proposed Subcontractor
Regarding Equal Employment Opportunity..
Approval of the proposed subcontract award cannot be given
by the Owner unless and until the proposed subcontractor has submitted the
Certifications and/or other evidence showing that it has fully complied with
any reporting requirements to which it is or was subject.
IPrevious Editions Obsolete!
-2 -
Although the bidder is not required to attach such Certifications by proposed
subcontractors to his bid, the bidder is here advised of this requirement so that
appropriate action can be taken to prevent subsequent delay in subcontract awards.
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):
Unit prices
will be accepted for each
item of construction
as listed
on the
proposal.
6. Qualifications of Bidder
The Owner may make such investigations as he deems necessary to determine the
ability of the bidder to perform the work, and the bidder shall furnish to the
Owner all such information and data for this purpose as the Owner may request.
The Owner reserves the right to reject any bid if the evidence submitted by,
or investigation of, such bidder fails to satisfy the Owner that such bidder
is properly qualified to carry out the obligations of the contract and to
complete the work contemplated therein. Conditional bids will not be accepted.
7. Bid Security
Each bid must be accompanied by cash, certified check of the bidder, or a bid bond
prepared on the form of bid bond attached hereto, duly executed by the bidder as
prinicipal and having as surety thereon a surety company approved by the Owner, in
the amount of 5% of the bid. Such cash, checks or bid bonds will be returned to
all except the three lowest bidders within three days after the opening of bids, and
remaining cash, checks, or bid bonds will be returned promptly after the Owner and
the accepted bidder have executed the contract, or, if no award has been made within
30 days after the date of the opening of bids, upon demand of the bidder at any time
thereafter, so long as he has not been notified of the acceptance of his bid.
8. Liquidated Damages for Failure to Enter into Contract
The successful bidder, upon his failure or refusal to execute and deliver the con-
tract and bond, required within 10 days after he has 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.
- 3 -
9. Time of Completion and Liquidated Damages
Bidder must agree to commence work on or before a date to be specified in a
written "Notice to Proceed" of the Owner and to fully complete the project
within 6Q_ consecutive calendar days thereafter. Bidder must agree also to
Day as liquidated damages, the sum of $ lno no 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, specifications or other pre -bid
documents will be made to any bidder orally.
Every request for such interpretation should be in writing addressed to
McClelland Consulting Engineers, Inc. at P.O. Box 1229, Fayetteville, AR.
and to be given consideration must be received at least five days prior to the
date fixed for the opening of bids. Any and all such interpretations and any
supplemental instructions will be ih the form of written addenda to the speci-
fications which, if issued, will be mailed by certified mail with return re-
ceipt requested to all prospective bidders at the respective addresses fur-
nished for such purposes), not later than three days prior to the date fixed
for the opening of bids. Failure of any bidder to receive any such addendum or
interpretation shall not relieve such bidder from any obligation under his bid
as submitted. All addenda so issued shall become part of the contract documents.
12. Security for Faithful Performance
Simultaneously with his delivery of the executed contract, the Contractor shall
furnish a surety bond or bonds as security for.faithful performance of this
contract and for the payment of all persons performing labor on the project
under this contract and furnishing materials in connection with this contract.
as specified in the General Conditions included herein. The surety on such
bond or bonds shall be a duly authorized surety company satisfactory to the
Owner.
13. Power'of Attorney
Attorneys -in -fact who sign bid bonds or contract bonds must file with each bond
a certified and effectively datet copy of their power of attorney.
14. Notice of Special Conditions
Attention is particularly called to those parts of the contract documents and
specifications which deal with the following:
(a) 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 and regulations of all, authorities having
jurisdiction over construction of the project shall apply to the contract
throughout, and they will be deemed to be included in the contract the same as
though herein written out in full.
16. Method of Award - Lowest Qualified Bidder
If at the time this contract is to be awarded, the lowest base 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
the bidder to examine any form, instrument or document shall in no way relieve
any bidder from any obligation in respect of his bid.
18. Insurance
Insurance certificates furnished by the Contractor and/or subcontractor(s)
as specified in paragraph 28 of the General Conditions shall include the
Engineer and the Owner as Additional Insureds for public liability, fleet
liability, property damage and special hazards.
Supplement to Form HUD-4238-B(R)
INFORMATION FOR BIDDERS
19. SAFETY STANDARDS AND ACCIDENT PREVENTION
With respect to all work performed under this contract, the contractor
shall:
1. Comply with the safety standards provisions of applicable laws,
building and construction codes and the "Manual of Accident Prevention in
Construction" published by the Associated General Contractors of America,
the requirements of the Occupational Safety and Health Act of 1970 (Public
Law 91-596),
2. Exercise every precaution at all times for the prevention of accidents
and the protection of persons (including employees) and property,
3. Maintain at his office or other well known place at the job site, all
articles necessary for giving first aid to the injured, and shall make
standing arrangements for the immediate removal to a hospital or a doctor's
care of persons (including employees), who may be injured on the job site.
In no case shall employees be permitted to work at a job site before the
employer has made a standing arrangement for removal of injured pvrsor= to
a hospital or a doctor's care.
4. Insurance certificates furnished by the Contractor and/or sub-contractor(s)
as specified in paragraph 28 of the General Conditions shall include the
Engineer and the Owner as Additional Insureds for public liability,
fleet liability, property damage and special hazards.
r
BID BOND
IkTA G� Wjl T
C R Rein
n.+.n. lJocument No. A-310 (February 1970 Ed.)
u+u�
,a Cc
Ynh
FRED. S. JAMES & CO. OF ARKANSAS, INC.
p. U 1220 West Third Street
Little Rock, Arkansas 72203
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we, F. H. NECESSARY & SON CONSTRUCTION CO.,
as Principal, hereinafter called the Principal, and NATIONAL SURETY CORPORATION
a corporation duly organized
under the
laws
of the State of
ILLINOIS
as Surety, hereinafter called
the Surety,
are
held and firmly
bound unto
CITY OF FAYETTEVILLE, ARKANSAS
as Obligee. hereinafter called
the Obliges, in
the
sum of
FIVE
PER CENT
OF
AMOUNT BID Dollars(S 5%
for the payment of which
sum
well and truly
to be made, the said Principal and the
said Surety,
bind ourselves,
our heirs, executors,
administrators, successors
and
assigns, jointly
and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for
IMPROVEMENTS TO WALKER PARK NORTH
NOW. THEREFORE,
if the Obligee shall accept the hid of the Principal and
the Principal shall enter into a contract with the Obligee
in accordance with
the terms of such bid, and give such bond or bonds as may be specified in the bidding
or contract documents with
good and sufficient
surely for the faithful performance of such contract and
for the prompt payment of labor and material furnished
in the prosecution thereof,
or in the event of the failure of the Principal to
enter such contract and give
such bond or bonds. it the
Principal shall pay
to the -Obligee the difference not to exceed the penalty
hereof between the amount
specified in said bid and
such larger amount
for which the Obligee may in good faith contract with
another party to perform the
work covered by said bid,
then this obligation
shall be null and void, otherwise to remain in lull force
and effect.
Signed and sealed this 30th
day of March
F
(Witness)
( Witness)
A.D. 19 83
I.
H. NECESSARY & SON CONSTRUCTION CO., INC
(Principal) (Seal)
�t Title)
NATIONA SURETY CORPORATION
(S ty) (seat)
( - Altomey in fact
Sark p.,,.«
- -.-I
KNOW ALL MEN BY THESE (RESENTS: Thal NATIONAL SURETY CORPORATION. a Corporation duly organized and existing under the laws of
the State of Illinois. and having its Home Office in the City of Chicago. Illinois, has made. constituted arr,a.ppoiti,ed -and does by these presents make
constitute and appoint -
JACK EAST, JR., JUDY FRANKS and DONALD R. HENDERSON
jointly or severally
LITTLE ROCK, AR
its true and lawful Attorney(s)-in-Fan- with full power and authority hereby conferred in its name. place and stead, to execute, seal, acknowledge and
deliver any and all bonds, undertakings. recognizances or other written obligations in the nature thereof --------------------
and to hind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President. sealed with the corporate seal of the
Corporation and duly attestedby its Secretary. hereby ratifying and confirming all that the said Atiorneyls)-in-Fan may do in the premises.
This power of attorney is granted pursuant to Article VIII. Section -29 and 30 of By-laws of NATIONAL SURETY CORPORATION now in full force
and effect.
"Article VIII. Appointment and Authority Assistant secretaries, and Attorney -in -Fact and Agents to accept Legal Process and Make Appearances
Section 29, Appointment. The Chairman of the Board of Directors, the President, any Vice -President or any other person authorized by the Board o
Directors, the Chairman of the Board of Directors, the President or any Vice -President, may, from rime to time, appoint Resident Assistant Secretarie
and Attorneys -in -Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and or
behalf of the Corporation.
Section 30. Authority. The Authority of such Resident Assistant Secretaries, Attorneys -in -Fact, and Agents shall be as prescribed in the instrument
evidencing their appointment, and any such appointment and all authority granted thereby may be revoked at anytime by the Board of Directors or by
any person empowered to make such appointment."
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors'of NATIONAL
SURETY CORPORATION at a meeting duly called and held on the 71h day of September. 197?. and said Resolution has not been amended or
repealed: I .
"RESOLVED, that the signature of any Vice -President. Assistant Secretary. and Resident Assistant Secretary of this Corporation, and the seal of this
Corporation may be affixed or printed on any power of attorney. on any revocation of an% power of attorney. or on any certificate relating thereto. hs
facsimile, and any power of attorney. any revocation of any powerof attorney. or certificate hearing such facsimile signature or facsimile seal shall he
valid and binding upon the Corporation.'
IN WITNESS WHEREOF. NATIONAL SURETY CORPORATION has caused these presents to he signed by its Vice-Piesident.
and its corporate seal to be hereunto affixed this 19th
spETVCp
N .nwoil
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STATE OF CALIFORNIA.
CITY AND COUNTY OF SAN FRANCISCO
day of Mau
19 82
NATIONAL SURETY CORPORATION -
B) \lac-Prr•Wrn,
On this 19th day of May 19 82 hcfnrcmc Richard Williams
pernonalls Came
to me known, who. being by me duly sworn. did depose and sac: that he is t'Icc-President of NATIONAI. SURIiTI CORPORATION. the Corporation
described in and which executed the above instrument-, that he knowthe seat of said Corporation: that the seal alfiyed to the said instrument i• such
corporate seal: that it was so affixed by order of the Board of Directors of said Corporation and th:u lie signed his tunic thereto by like order.
IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal. the day and year herein first :those written.
•tN0>/Mtss rRaOnIDI rlrlrulOHrrn polio rant rsl S
OFFICIAL SEAL
SUSIE K. GILBERT ='
NOTARY- PUBLIC - CALIFOQNIA c'
CRY & COUNTY OF SAN FRANCISCO ."'°, Pmt„
My Commission Expires Nov. 17. 1984 E
a unrnnrvusununsunsssrnuuuuunsuunurtf CERTIFICATE
STATE OF CALIFORNIA.
CITY AND COUNTY OF SAN FRANCISCO I
1. the undersigned, Resident Assistant Secretary of NATIONAL SURETY CORPORATION, an ILLINOIS Corporation. DO HEREBY CERTIFY that
the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked: and furthermore that Anicle \'Ill. Sections 29
and 30 of the By-laws of theCorporation. and the Resolution of the Board of Directors, set forth in the Porter of Attorney, are now in force.
Signed and scaled at the City and County of San Francisco. Dated the 30th day of March 19 83
Resident A..i.iant ticrc,:r,
BID FOR UNIT PRICE CONTRACT
L
&tA8
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U.S. Department of Housing and Urban Development
BID FOR UNIT PRICE CONTRACTS
Place Fayetteville, Arkansas
Date
Project No. WPN 82-01
Proposal of /W h1arA_C_49a,,.y -.G°onsfalipM a r,.e. (hereinafter
called "Bidder") * a corporation, organized and existing under the laws of
the State of Q1'It 4,,.43
doing business as
To the City of Fayetteville
Fayetteville, Arkansas
Gentlemen:
, * a partnership, or an individual
(hereinafter called "Owner")
The Bidder in compliance with your invitation for bids for the
construction of Improvements to Walker Park North
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.
Carperd ,n
* 'insert corporation, partnership or individual as applicable.
J
--� NOC4EL TAVG
r
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 60 consecutive calendar days
thereafter as stipulated in the specifications. Bidder further agrees to
pay as liquidated damages, the sum of $ 100.00 for each consecutive
calendar day thereafter as hereinafter provided in Paragraph 19 of the
General Conditions.
Bidder acknowledges receipt of the following addenda:
WGtd ,14%t6 C/G 4/•Sl c++
The Bidder agrees to perform all the work necessary to construct the
Improvements to Walker Park North as described in the Specifications and as
shown on the Plans for the following lump sum prices:
ITEM ESTIMATED UNIT
NO. QUANTITY ITEM PRICE EXTENDED
1 Lump Sum Su�yClearing & Grubbing $&SOD,00 /L.S.
.Q �Gli a f c .d[. 2t. D2&t d / L. S. $ G SdD. DO
(Words)
2 Lump Sum Earthwork $/9/fD,Do/L.S.
Z&.'raiwn...l 0nse4- (e4 Ac4 42/ .S. $/9/g4.oD
(Words)
3 Lump Sum��,y Manhole Construction �1$ 32Do.00/L.S.
(Words) '
4 Lump Sum Curb Cut Construction $ 92A oo./L.S.
, /J /L.S. $ 970,ad
cc.uiJ (Words
)
Proposal - 2
!NC EL`ANp
k Vi O1 SC-N}52LLINE
r
ITEM ESTIMATED UNIT
NO. QUANTITY ITEM PRICE EXTENDED
5 Luump Sum Seeding and Fertilizing $,'Xto,00/L.S.
i(ihstL o-uAa.�sG D fta.4c+t ,Fn�r�.�.�.4 /L.S. $ 3/00.00
(Words
TOTAL BASE BID $
DEDUCTIVE ALTERNATE - BID ITEM NO. 34.
To delete the req
construct a new manhole
#1 to abandon it; and,
elevation of 6 inches
reduction in the total
($/G004Vo )•
iirement under Bid Item No. 3 that the. Contractor
(to replace manhole #1) and cap the existing manhole
instead, to lower the existing manhole #1 to an
below finished grade, nt/heContractor offers a
base bid of $J4L. .,„}75V . iDc, dollars
(Amounts are to be shown in both words and figures. In case of
discrepancy, the amount shown in words will govern.)
The above lump sum prices shall include all labor, materials, bailing,
shoring, removal, overhead, profit, insurance, etc., to cover the finished
work of the several kinds called for.
Bidder understands that the Owner reserves the right to reject any or
all bids and to waive any informalities in the bidding.
The bidder agrees that this bid shall be good and may not be withdrawn
for a period of 30 calendar days after the scheduled closing time for
receiving bids.
Proposal - 3 J
N C EL PYp
�Ysu;4J J
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Upon receipt of written notice of the acceptance of this bid, bidder
will execute the formal contract attached within 10 days and deliver a
Surety Bond or Bonds as required by Paragraph 29 of the General Conditions.
The bid security attached in the sum of S %
($ ) is to become the property of the Owner in the event the
contract and bond are not executed within the time above set forth, as
liquidated damages for the delay and additional expense to the Owner caused
thereby.
Respectfully submitted:
BY .u,.�'�� dust
(Ti le)
(If Bid is by a Corporation)
/�Rr 6� s9e R /lo r -s at 7z7ri
(Business Address and Zip Code)
Proposal - 4
L
MrCI \'/i a COVSULI
r
CERTIFICATION OF BIDDER REGARDING
EQUAL. EMPLOYMENT OPPORTUNITY
1
Form Aoorov.d
Budget B urnu No. 63R 1137
U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
CERTIFICATION OF BIDDER REGARDING
EQUAL EMPLOYMENT OPPORTUNITY
INSTRUCTIONS
This certification is required pursuant to Executive Order 11246 (30 F. R. 12319-25). The implementing rules and
regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as
an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or sub-
contract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports,due under
applicable instructions.
Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions,
such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract
shall be awarded unless such report is submitted.
CERTIFICATION BY BIDDER
Bidder's Name: F/1-/lBaesxary
-d-.%..
/wars 4vll,+. £.L6-
Address and Zip Code:.
i1 %? I Q/ o
X390 /L
Ric Sera �'r 72 7S6
1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause.
.Yes ® No / (If answer is yes, identify the most repent contract.)
e/.Ls&s Sf4t.. N 4....r 0.Pf Too rfo. 97&09
2. Compliance reports were required to be filed in connection with such contract or subcontract.
Yes Q No (If answer is Yes, identify the most recent contract.)
Sar e• as Ciboot
3. Bidder has filed all compliance reports due under applicable instructions, including SF -100.
Yes 0 No 0 None Required
4. If answer to item 3 is 'No;' please explain in detail on reverse side of this certification.
Certification — The information above is true and complete to the best of my knowledge and belief.
` /Yecessar'J 1/rea A,a.%/ an!
/ Name and Title of Signer (Please Type)
ignarure
'3— 30 -83
Date