HomeMy WebLinkAbout189-90 RESOLUTION•
RESOLUTION NO. 189-90
A RESOLUTION AWARDING BID #90-55 TO THE
BUILDINGS, INC. FOR IMPROVEMENTS TO THE AU
INDUSTRIES, INC. FACILITY (FORMERLY ABILITIES
UNLIMITED, INC.).
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Mayor and City Clerk are hereby
authorized and directed to execute a contract with Buildings, Inc.
in the amount of $74,485.00 for improvements to the AU Industries,
Inc. facility. ' The Community Development budget will provide
$74,000.00 for the improvements to the facility and AU Industries
will provide any cost over and above the city's contribution. A
copy of the bid tabulation authorized for execution hereby is
attached hereto marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 20th day of November
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SITE AND BUILDING IMPROVEMENTS
FOR
AU INDUSTRIES, INC.
1102 HAPPY HOLLOWOROAD
FAYETTEVILLE, AR
COMMUNITY DEVELOPMENT DIVISION
CITY OF FAYETTEVILLE
BID NO. 90-55
SEPTEMBER, 1990
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RESOLUTION OF THE EXECUTIVE COMMIT I'EE
OF THE BOARD OF DIRECTORS OF
ABILITIES UNLIMITED OF NORTHWEST ARKANSAS, INC.
WHEREAS, the Board of Directors of Abilities Unlimited of Northwest •
Arkansas, Inc., has previously authorizedthe•apphcation for Community Development
Block Grant Funds for the purpose of making certain improvements to the facility
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operated by Abilities Unlimited of Northwest Arkansas, Inc.; and _ t
WHEREAS, the City of Fayetteville has previously contracted with the Board of
Abilities Unlimited of Northwest Arkansas, Inc. and has agreed to grant the sum of
$74,000.00; and—
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WHEREAS, the City of Fayetteville has been provided specifications by Abilities
Unlimited and has advertised for bids for the construction for the necessary
improvements consistent with the grant of Community Development Block Grant
Funds; and
WHEREAS, two bids were received and the low bidder was Buildings, Inc. of
Spnngdale, Arkansas; and
WHEREAS, the Executive Committee of the Board of Directors of Abilities
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Unlimited of Northwest Arkansas, Inc., is authorized by its articles of incorporation and
its by-laws to act on behalf of the Board when the Board is not in session; and
WHEREAS, the Executive Committee of the Board of Directors Abilities
Unlimited of Northwest Arkansas, Inc has reviewed the bid proposals.
NOW THEREFORE, be it resolved by the Executive Committee of the Board
of Directors of Abilities Unlimited of Northwest Arkansas, Inc. to accept the bid of
Buildings, Inc. of Springdale, Arkansas to construct the improvements as per the
specifications and bid documents.
BE IT FURTHER RESOLVED that the Committee, on behalf of the Board of
Directors of Abilities Unlimited of Northwest Arkansas, Inc. requests that the Board of
Directors of the City of Fayetteville place this matter on the Agenda of its next meeting
and accept the low bid submitted by Buildings, Inc.
PASSED AND APPROVED this 9th day of November, 1990.
ATTEST:
agaai
Claudia Smith, Secretary
EXECUTIVE COMMITTEE OF ABILITIES
UNLIMITED NORTHWEST ARKANSAS,
INC.
Charles Harwell, Chairman
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ADVERTISEMENT FOR: BIDS
Bid No. 90-55
HUD 4238-A (5-66)
(Rev. 9-89)
OWNER: AU Industries, Inc. -
One sealed bid for Concrete Work, Site Improvements, and
Improvements to the AU Industries, Inc. Building will be received
by:
City of Fayetteville, Arkansas
Purchasing Department Office, Room 307
City Administration Building
113 W. Mountain
Fayetteville, Arkansas
until:
November 7 I 1990 at 2:00 p.m.
and then publicly opened and read aloud in Room 111 of the City
Administration Building.
The Information for Bidders, Form of Bid, Form of Contract, Plans,
Specifications and Forms of Bid Bond, Performance and Payment Bond,
and other contract documents may be examined at the following
locations:
City of Fayetteville Purchasing Office, Room 307
113 W. Mountain, Fayetteville, AR
AU Industries, Inc.
1102 Happy Hollow Road, Fayetteville, AR
Copies may be obtained from the City of Fayetteville Purchasing
Office upon request.
The Owner reserves the right to waive any informalities or to
reject any or all bids.
Each bidder must deposit with his bid security in the amount, form,
and subject to the conditions provided in the Information for
Bidders.
Attention of Bidders is particularly called to the requirements as
to conditions of employment to be observed and minimum wage rates
to be paid under the contract. The OWNER is an Equal Opportunity
Employer$. Community Development Block Grant Funds have been
allocated for this project which is to constitute 100 percent of
Federal Funding.
No Bidder may withdraw his bid within 30: days after the actual date
of the opening thereof.
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
HUD 4238-B(R)
INFORMATION FOR BIDDERS
1. RECEIPT AND OPENING OF BIDS
AU Industries, Inc. (herein called the OWNER), invites
bids on the form attached hereon,, all blanks of which
must appropriately filled in. Bids will be received by
the OWNER at the Purchasing Office of the City of
Fayetteville, Room 307, until 2:00 p.m. CDST. November
7. 1990 and then be publicly opened and read aloud in
Room 111 of the City Administration Building. The
envelopes containing the bids must be sealed, designated
as Bid No. 90-55, and addressed to.:
Peggy Bates, Purchasing Officer
City of Fayetteville
113 W. Mountain
Fayetteville, AR
2. PREPARATION OF BID
Each Bid must be submitted on the prescribed form and
accompanied by Certification by Bidder Regarding Equal
Employment Opportunity Form HUD 4238 -CD -1. All blank
spaces for bid prices must be filled in, in ink or
typewritten, in both words and figures, and the foregoing
Certification 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 Project name and Bid Number for which it is being
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:
Must be acceptable to the OWNER after
verification by the HUD Area Office of the
current eligibility status, and
b. Must submit Form HUD -4238 -CD -2, Certification
by Proposed Subcontractor Regarding Equal
Employment Opportunity.
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U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
HUD 4238-B(R)
INFORMATION FOR BIDDERS
3. SUBCONTRACTS (continued)
Approval of the proposed subcontract award cannot be
given by they Owner unless ands 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.
Any bidder may modify his bid by telegraphic
communication at any time prior to,the scheduled closing
time for receipt of bids, provided that such telegraphic
communication ,is received by the OWNER prior to the
closing time, and provided further, the OWNER is
satisfied that a written confirmation of the telegraphic
modification over the signature of'the bidder was mailed
prior to the closing time.' The telegraphic communication
should not reveal the bid price but should provide the
addition or subtraction or other modification so that the
final prices or terms will not be known by the OWNER
until the sealed bid is opened. If written confirmation
isnot received within two days from the closing time,
no consideration will be given; to the telegraphic
modification.
4. TELEGRAPHIC MODIFICATION
METHOD OF BIDDING
The OWNER invites the following bid(s):
"Building and Site Improvements for AU Industries, Inc."
6. OUALIFICATIONSpOF 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 date 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 perform the
obligations of the contract and to complete the work
contemplated therein. Conditional bids will not be
accepted.
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
HUD 4238-B(R)
INFORMATION FOR BIDDERS
7 BID SECURITY
Each bid must be accompanied by cash, certified check of
the bidder, or a bid bond prepared on the form of bid
bond attached hereto, duly executed by the bidder as
principal and having as surety thereon a surety company
approved by the OWNER, in the amount of 5 percent 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 the remaining cash,
checks, or bid bonds will be returned promptly after the
OWNER and the accepted bidder have executed the contract,
or if no awardhas 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 this bid.
8. LIOUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT
The successful bidder, upon his failure or refusal to
execute and deliver the contract and bonds required
within 10 days after he has received notice of the
acceptance of his bid, shall forfeit to the OWNER, as
liquidated damages for such failure or refusal, the
security deposited with his bid.
9. TIME OF COMPLETION AND LIOUIDATED 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 45
consecutive calendar days thereafter. Bidder must agree
also to pay as liquidated damages, the sum of $250.00 for
each consecutive calendar day thereafter as hereinafter
provided in the General Conditions.
10. CONDITIONS OF WORK
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Each bidder must inform himself fully of the conditions
relating to the construction 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 perform the
provisions of his contract. Insofar as possible, the
contractor, in performing his work, must employ such
methods or means as will not cause any interruption of
or interference with the work of any other contractor.
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
HUD 4238-B(R)
INFORMATION FOR BIDDERS
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 COMMUNITY DEVELOPMENT DIVISION. CITY
OF FAYETTEVILLE, 113 W. MOUNTAIN, FAYETTEVILLE. AR 72701
and to be given consideration, must be received at least
five days prior to the date fixed for the opening of
bids. Any and all such interpretations and any
supplemental instructions will be in the form of written
addenda to the specifications which, if issued, will be
mailed by certified mail with return receipt requested
to all prospective bidders (at the respective addresses
furnished for such purposes), not a ater 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.
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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
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Attorneys -in -fact who sign bid bonds or contract bonds
must file with each bond a certified and effectively
dated copy of their power of attorney.
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U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
HUD 4238-B(R)
INFORMATION FOR BIDDERS
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 based bid' combined with such
deductible alternates applied in numerical order in which
they are listed in the Form of Bid, as produces a net
amount which is within the available funds.
17. OBLIGATION OF BIDDER
At the time of the opening of bids, each bidder will be
presumed to have inspected the site and to have read and
to be thoroughly familiar with the plans and contract
documents (including. all addenda). The failure of
omission of any bidder to examine any form instrument,
or document shall in no way relieve any bidder from any
obligation in respect of his bid.
U.S. DEPARTMENT OF HOUSING ANDIURBAN DEVELOPMENT
1 HUD 4238-B(R)
INFORMATION FOR BIDDERS
18. SAFETY STANDARDS AND ACCIDENT PREVENTION
With respect to all work performed under this contract,
the Contractor. shall:
1., Comply with the safety standards provision of
applicable laws, building and construction
codes and the "Manual of Accident Prevention
in Construction" published by the Associated
General Contractors of t 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 this 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 persons to
a hospital or a doctor's care'.
19. OTHER REOUIREMENTS
Each Bidder shall be responsible for obtaining from each
utility company and government agency all construction
standards, requirements, specifications, and construction
costs necessary to successfully complete this project.
The successful bidder shall be responsible for
correlating all phases ofconstruction, including all
utility companies and government ;agencies involved in
this project. The successful bidder shall obtain from
each said agency and/or company a set of specifications
and plans for the construction required, and submit one
copy of each to the Community Development Coordinator and
the OWNER prior to the "Notice to Proceed."
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U S DEPARTMENT OF HOUSING ANDIURBAN DEVELOPMENT
BID FOR UNIT PRICE CONTRACTS
° Pl!ace:$AYETTEVILLE, AR
j Date: Nov.7, 1990
Bid No.90-55
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Peoposal of puTr.DIN,S TMC .I (hereinafter called
Bidder)* a corporation, organized and existing under the laws of
the State of ARKANSAS 1 , a partnership*, or an
individual* doing business as GENERAL CONTRACTOR
{
To AU INDUSTRIES, INC. hereinafter called OWNER.
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The Bidder, in compliance with your 'invitation for bids for the
SITE AND BUILDING 'IMPROVEMENTS FOR AU INDUSTRIES, INC. 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 proposed
to furnish all labor, materials, and supplies,a nd to construct the
project in accordance with the contract documents, within the time
set forth therein, and at the prices stated herein. These prices
are to cover all expenses incurred in performing the work required
under the contract documents, of which this proposal is a part.
Bidder .hereby agrees to commence work under this contract on or
before a date to be specified in a written "NOTICE TO PROCEED" of
the OWNER and to fully complete the project within 45 consecutive
calendar days thereafter as stipulated in the specifications.
Bidder further agrees to pay as liquidated damages, the sum of
S250.00 for each consecutive calendar day thereafter.
Bidder acknowledges receipt to the following addendum:
NC1NF.
Bidder agrees to perform all the Iwork, described in the
specifications and ;shown on the plansi, for the following unit
prices: •
*Insert corporation; partnership,
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or individual as applicable.
q
q
The security attached in the sum of SEVENTflFOUR THOUSAND, FOUR
HUNDRED FIFTY EIGHT Dollars ($74,458.00
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.
HUD -4238C.(8-66)
spect ully submitted:
By
44A:141 /
Title
235 SOUTH 40TH
SPRINGDALE, AR 72765
Business address & zip code
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CONSTRUCTION BID ITEMS
AU INDUSTRIES
SITE AND BUILDING IMPROVEMENTS
4
NOTICE
All concrete shall be air entrained, portland cement, 3000
psi, maximum 4" slump. unless otherwise specified. All concrete
shall be placed on original soil or compacted fill against straight
solid forms, when the temperature is 40-100 degrees F. All
concrete shall be free of voids and cavities and shall be protected
from the weather while curing. All .forms and soils shall be
inspected before pouring. All slabs ishall be reinforced with
welded wire fabric, spaced 6" x 6", with 10 gage wire in each
direction, and shall include a 6 mil vapor barrier.
All work must meet or exceed City codes. Contractor will be
responsible for all pertinent fees and permits.
SITE WORK
$5000.00 1. Level to grade all excess dirt on north and south
sides of present building. Strip grass onnew lot, and remove
(refer to drawing). Make sure grade drains away from building to
creek in rear. Bring new lot to grade for loading dock area and
remove all excess dirt.
SB #2
$6000.00 2. Apply SB #2 to two designated areas (refer to
drawing) approximately 265' x 100' and 55' x 40'. Compact twice,
at 3" and to finished grade of 6" with motorized tamper.
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CONCRETE WORK
$17,088.00 3. On north side .and east side of existing building,
form and pour 4" thick concrete slabs, including all form work, and
a steel trowel finish. Approximate slab dimensions: north :40' x
215'; east: 47' x 132 ', less 564 square feet (refer to drawing).
$5640.00 4. Pour 6" thick concrete slabs at south loading dock
and at west loading dock (refer to drawing). Include all form work,
and steel trowel finish. Approximate slab dimensions: south: 94' x
15'; west: 94' x 15'.
$5600.00 5. Install 12' x 154' loading dock with a 10' x 20'
extension on the east side (refer to drawing); shall be 8" thick.
$565.00 6. Form , pour and finish 6" x 18" straight edge
concrete curb and gutter along existing building on the north side.
Include one #4 rebar in center. Approximate length: 113'
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A. U. , PAGE 2
$1290.00 7. Construct sidewalk ,on the south side of the
building (sidewalk abuts the building, refer to the drawing).
Subgrade to be well drained, uniformlygraded and compacted. From
and pour 4" thick concrete with scored joints constructed at right
angles to edge of walk, spaced every 36!'. Joints to be 1" deep and
1/4" wide. Install 1/2" bituminous expansion joint at 15'
intervals and at intersections with walks. Pitch concrete away
from building. Float and brush finish. Remove all forms, regrade
and spot seed. Approximate sidewalk dimensions: 10' x 86'.
$2700.00 8. Cut the curb and construct a 6" thick concrete
entry on the southwest end of property. Approximate dimensions:
40' x 25', refer to drawing.
$1500.00 9. Construct stem wall (2' tall, 8" thick, 20' in
length) at the pickup ramp (refer to drawing). Include /I4 rebar on
1' center.
REMODEL
$1885.00 10. Remove wood plate from ceiling in work area and
align ceiling. Add 6" R-19 batts over ceiling in entire work area.
$1000.00 11. Add a 3' x 3' mechanical room for HUAC unit in
front office . Frame out, sheetrock on both sides with 1/2"
drywall, three -coat finish, trim, and, paint with two coats of
Sherwin Williams Pro -Mar latex paint. Include access door with all
011 associated trim and hardware.
$850.00 12. Add 3, 8' x 10' and 1, 10' x 10' plastic strip
units to the overhead doors.
III $465.00 13. Add one 8' x 10' overhead door unit to dock area.
Install new jambs on existing overhead door at loading dock.
IIIII $7000.00 14. Install 7, edge -a -dock levelers on new loading
dock. Install a 4' x 4' x 3/8" angle at pickup dock area.
III$300.00 15. Install 3' x 3' louvers and 36" fan in loading
dock area building. ,
$6nnn.nn 16. Install a metal shop roof canopy over all the new
loading dock area, must cover the edge'or the dock.
Cau..aa al
PLUMBING I
A.U., PAGE 3
$1200.00 17. Add 3 infra -red heaters (Modine #RH-60 with
thermostatic control) to loading dock building.
$2000.00 18. Clean HVAC unit in work area and install new
filters.
$3000.00 19. Run duct to service work area from existing HVAC
unit: run square duct from the unit to the middle of the shop,
branch off with round duct with three drops in each direction.
$3500.00 20. Install Bryant # 542GNX060 HVAC with 25 KW heater
(electric unit with thermostat), or 'approved equal, in front
offices, include unit, ducts and grills'.
_$150.00
caps), 30
$225.00
control.
ELECTRIC
21. Install 2, 240 volt outlets (with twist -lock
amp, adjacent to air compressor's location.
22. Install 5 switches (ivory) for work area lighting
$250.00 23. Install 23 drops (with SJ cord) with female bodies
(# 7565-C Hubble). Furnish 10 extra male caps #7567-C Hubble.
$400.00
one breaker
24. Install 3, two -tube, 0 degree ballast strips on
in the panel of the shed roof loading dock.
$400.00 25.
blade, industrial,
In work area, install 4 ceiling fans (52", 4
20,000 CFM, with variable controls).
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$200.00 26. Install 22 wire-in-pipe;outlets on ceiling in work
area.
$250.00 27. Install 10, 20 amp breakers in the existing box.
GRAND TOTAL: $74,485.00
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HUD -1123e -CD -1
(s-tt)
U.S. DEPAR WENT OF HOOSWr. sar• URBAN DEVELOPMENT
CERTIFICATION OF BIDDER REGARDING
EQUAL EMPLOYMENT OPPORTUNITY
INSTRUCTIONS
This certification is required pursuant to Executive Order 11246 (30 F. R. 12319.25). The implementing
rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcon-
tractors, shall state as an initial part of the bid or negotiations of the contract Whether it has partici-
pated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether
it has filed all compliance reports due under applicable instructions.
Where the certification indicates that the bidder has not filed a!:compliance report due under applicable
instructions, such bidder shall be inquired 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: BUILDINGS INC.
Address:
235 SOUTH 40TH
SPRINGDALE, AR. 72765
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1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity
Clouse. Yes El No
2. Compliance reports were required to be filed in connection with such contract or subcontract.
Yes ❑ No p
3. Bidder has filed all compliance reports due under applicable instructions, including SF -100.
Yes ❑ No ❑ None Required [xi
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.
Ken Bailey, President
NAME AND TITLE OF SIGNER (PLEASE TYPE)
1
IPrevious Editions Obsolete
Nov. 7, 1990
DATE
GPO '0943a
FORM APPROVED
BUDGET BUREAU NO. 63.R1138
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING
EQUAL EMPLOYMENT OPPORTUNITY • • •
HUD -4231 -CD -2
(2.67)
BUILDINGS INC.
NAME OF PRIME CONTRACTOR � - P.ROJECT 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:
Address:.
Bidder has participated in a previous contract or subcontract Subject to the Equal Opportunity Clause.
Yes .11 No
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 No • None Required rj
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.
215TBt1-P
NAME AND TITLE OF SIGNER (Please Type)
SIGN A TURF
1
Previous Editions Obsolete
HUD -Wash., D. C.
L.S. L! PARI N1141 LI HLUSINL ANL L+I.u.: 4 ?ELL, ME N 1
COMMUNITY DEVELOPMENT BLOCK GRAMT PROGRAM
CONTRACTOR'S CERTIFICATION I,
CONCERNING LABOR STANDARDS AND, PREVAILING WAGE REQUIREMENTS
TO (•Ippinp .. Wee.paenth 1 oATE
CIO
1. The undersigned, having executed a contract with
PROJECT NUMBER WWII(
PROJECT MIME
for the construction of the above -identified project, acknowledges that;
1
(a) The Labor Standards provisions ale included in the aforesaid contract;
(b) Correction of ony Infractions of the aforesaid conditions, including infractions by any of his subcontractors and
any lower tier subcontractors, is his responsibility;
2. No certifies that:
(a) Neither he not any firm, partnership or association in which he has substantial interest is designated as an
ineligible contractor by the Comptroller General of the United Slates pursuant to Section S.6(b) of the Regulations
of the Secretary of Labor, Pam S (29 CPR, Pon 5) or pursuant to Section 3(a) of the Davis -Bacon Act, as
amended (40 U.S.C. 776u -2(a)) • 1 •
(b) No part of the aforementioned contract has been or will be subcontracted 30 any subcontractor if such sub-
contractor or any firm, corporation, partnershipor association in which such subcontractor has a substantial
interest is designated as an ineligible contiaclor pursuant to any of the aforementioned regulatory or statutory
provisions.
3. He agi es to obtain and forward to the aforementioned recipient within Icn days after the execution of any subcontract,
including those executed by his subcontractors and any lower tier s ubcontractorst a Subcontractor's Certification
Concerning Labor Standards and Prevailing Wage Requirements executed by the subcontractors.
4. He certifies that:
(e) The legal name and the business address al the undersigned ore:
(6) The undersigned is:
01 A 1I40LE PROPRIETORSHIP
131 AP ARTMERSMIP
131 A COHPONATON ORGANIZED IN THE STAT
NI OIHER ORGAIIIS ATION W I:01lbel
(c) The name, title and address of the owner, partners or officersof the undersigned err:
NAME
TITLE
OF
ADDRESS
IIUD-1•21 16-751
•
(d) 1Le nem., cnd odd, esle• el ell other persons, bah nalu•al end co.rorvle, Feeing a %abntennel interest in the undc,. gned,
and Nle nature ul the ;ones, ere (I/ Milo. sir •uurk .
NAME
ADDRESS NATURE OI INTEREST
1
(e) The nom.,, eddt., set and node cis$ s ikcol ions e1 all ether building consi'ni o', conerectors in *hi ch the under i gnu' hes'
o sub llanllol inlu.,t ay (11 nnne, 1n smirk .-
NAME AOOfESS TRADE CLASSIFICATION
Nov. 7, 1990
•
BUILDINGS INC.
(con1r0 cw4
WARNING
O.S. C,Iminel Code, Secllon 1010. Title 18, U.S.C.. provides In pert. "Whoever metes. , ullere or publishes eny
stalements knowing the sense le be :else .hall be lined not more Nen 35.000 or Imprisoned not mote Nan loo yens. or both."
U.S. DE PAR Tiff N1 of DOUSING AND UNBAN of v f LOPMENT
COMMUNITY DEVELOPMENT !LOCK GRANT PROGRAM
SUBCONTRACTOR'S CERTIFICATION
CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS
• TO (.Ippropriote Recipirnll:
c/o
1. The undersigned, having executed a contract with.
for
OATS
PROJECT NUMBER (If on)
PROJECT HANE '
(Con rnI rut 5e Su brews curl
(,‘Imre of work)
in the amount of S
In the construction oI the above -identified project, certifies that:
(a) The Labor Standards Provisions of The Contract For Construction are included in the aforesaid contract.
(b) -Neither he nor any firm, corporation, partnership or.associetion in whioh he has • substantial interest is
designated as an ineligible tontractor by the Comptroller General oI the United States pursuant 10 Section 5,6(b)
of the Regulations of the Secretary of Labor, Part 5 (29 CFR, Part 5), or pursuant Io Section 3(a) of the Davi$•
Bacon Act, as amended /40 U.S.C. 216o -2(o)).
(e) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such
subcontractor or any lir m, corporation, partnership or association in'which such subcontractor has a
substantial interest is designated as an ineligible contractor pursuant go the aforesaid regulatory or
statutory 'provisions.
2. He agrees to obtain and forward to the contractor, for transmittal lo the recipient, within ten days after the execution
of any lower subcontract, • Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Require-
ments, executed by the lower tier subcontractor, in duplicate. '
(s) The workmen will report for duty on or about
3. Na cutilies that:
(e) The legal name and the busi
en eddies* el the undersigned ere:
Mule)
(1) The undersigned it:
(11 A SINGLE PROPRIETO RSMIPt ISI A CORPORATION ORGANIZED IN THE ST ATE OF:
1
lel OTHER 000 ANI l ATION Wen -rile)
(c) The name, lin. and address of the owner, northers or officers of the 'undersigned ore:
NAME TITLE
121 A PARTNERSHIP:
ADDRESS
HUD -1115 15-151
(Q The names and odd. e1 ell other person;, beth newel end carparye, kering a swlateetiel IMarest in the undegignad,
and the nature al the interest are (1f ase, se .mre,r:
ADDRESS'
MATURE 011
(e) The names, odd,esess and trade classifications of all other building construction contractors in which the undersigned has
a substantial interest are (pane, to swat
MAYS *DDRCSS TRADE CLASSIFICATION
(Typed Acme end Title)
WARNING
U.S. Criminal Code, Section 1010, Title IS. U.S.C., provides In part "III ekes. pilon, alters, or peblI.hes any
statement, knowing the same to b. 64e bell be lined not more than 55.000 es Imprl,on.d not mare than two f ear., at both."
abo esM.n
HUD -4238-3
(2-66)
(Formerly CFA -238-3)
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
BID BOND.
KNOW ALL MEN BY THESE PRESENTS, that we,
BUILDINGS INC.
hereby held and firmly bound unto thea
in the penal sum of $74,458.00
payment of which, well and truly tp be
and severally bind ourselves, our heirs,
tors, successors, and assigns.
S igned this 7th day of
The condition of the above obligation
the Principal has submitted to the
a certain Bid, attached hereto and •hereby
e nter into a contract in writing, for:
the undersigned,
as Principal, and
as Surety, are
, as OWNER,
for the
made, hereby jointly
executors, administra-
we
November , 1990.
is such that whereas
NOW THEREFORE,
made a part hereof to
•
•
A) If said Bid shall be rejected, or: in the alternate,
B.) If said Bid shall be accepted and. the Principal shall execute
and deliver a contract in the Form of Contract attached here-
to (properly completed in accordance with said Bid) and shall
furnish a bond for his faithful performance of said contract,
and for the payment of all persons performing labor or fur-
n ishing materials in connection therewith, and shall in all
o ther respects perform the agreement created by the accep-
tance of said Bid, then this obligation shall be void, other-
w ise the same shall remain in force and effect; it being
e xpressly understood and agreed that the liability of the
Surety for any and all claims hereunder shall in no event
e xceed the penal amount of this obligation as herein stated.
1
HUD -4238-3
(2-66)
(Formerly CFA -238-3)
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
BID BOND;
The Surety, for value received, hereby stipulates and agrees
that the obligations of said Surety and its bond shall be in no
way impaired or affected by any extension of the time within
which the Owner may accept such Bid; and said Surety does hereby
waive notice of any such extension.
IN WITNESS WHEREOF, the Principal and the Surety have here-
unto set their hands and seals, and such of them as are corpora-
tions have caused their corporate seals to be hereto affixed and
these presents to be signed by their'; proper officers, the date
and year first set forth a ove.
(Principal) U
SEAL
(Surety)
BY:.
2
Employers Mutual Casualty Company
HOME OFFICE • DES MOU1°`
BID BONDII
ThIOT VALID IF BID AMOUNT EXCEEDS $:
BUILDINGS, INC.
SPRINGDALE, ARKANSAS 72765
KNOW ALL MEN BY THESE PRESENTS: That We
as Principal, and the EMPLOYERS MUTUAL CASUALTY COMPANY, a
Bond No. S123582
P. 0. BOX 1940,
corporation and existing
organized
under the laws of the State.of Iowa and authorized to do business in the State of ` ARKANSAS
I
,gas Surety, are held and firmly bound unto the
ROAD, FAYETTEVILLE, AR 72701
P. 0. BOX 712, DES MOINES, IA 50303
AU INDUSTRIES, INC. 1102 HAPPY HOLLOW
as obligee, in the sum of
•
5% OF THE AMOUNT BID
DOLLARS, lawful money of the United
money well; and truly to be made, the said Principal and
executors, !administrators, successors and assigns; jointly
and severally, by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that; if the Obligee shell make any award to the
Principal for:
States of America to the payment of which sum of
Surety bind themselves, their and each of their heirs,
SITE & BUILDING IMPROVEMENTS FOR AU INDUSTRIES,'INC.
according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly make
and enter into a contract with the Obligee in accordance with th'e terms of such proposal or bid and award and
shall give bond for the faithful performance Thereof, with the EMPLOYERS MUTUAL CASUALTY COMPANY
as Surety or with other Surety or Sureties approved by the Obligee; or if the Principal shra .. ^-c" -•1 f•'i. -a
so to do, pay to the Obligee the damages which the Obligee may, suffer by reason of such -•
the penalty of this bond, then this obligation shall be null and void; otherwise it shall be an:,. • . • • 3y
and effect. r
,- „ts '
ria of NOVEMBER ..,, '`.19 L '
Ycn q .,/
fi M
f.n 1Ckr
= 5'
Signed. Sealed and Dated thic
7th
Form 7007 Rev. 11-79 First Reprint
BUILDINGS, INC.
EMPLOY RS MUTUAL ASUALTY60 PAlf‘IY&f,
By-
Pat
yPat A. Girard
3tr. slA
k r ,
�!`=f
L •
b Employers Mutual Companies
P. O. Box 712 Des Moines, Iowa 50303
CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT
Notice: The warning elsewhere in this Power of Attorney affects the validity thereof. Please review carefully.
KNOW-ALL MEN BY THESE PRESENTS, that:
Employers Mutual Casualty Company. an Iowa Corporation Illinois Emcasco Insurance Company, an Illinois Corporation
Emcasco Insurance Company, an Iowa Corporation Dakota Fire Insurance Company, a North Dakota Corporation
Union Mutual Insurance Company of Providence. American Liberty Insurance Company, an Alabama Corporation
a Rhode Island Corporation
hereinafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint:
PAT A. GIRARD, DONNA M. JOYCE, INDIVIDUALLY, SPRINGDALE ARKANSAS
its true and lawful attorney-in-fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other
obligatory instruments of a similar nature as follows:
IN AN AMOUNT NOT EXCEEDING TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00)
and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such
Company, and all of the acts of said attorney pursuant to the authority hereby given a e hereby ratified and confirmed.
The authority hereby granted shall expire April 1, 1993 - .unless sooner revoked.
AUTHORITY FOR POWER OF ATTORNEY
This Power -of -Attorney is made and executed pursuant to and by the authority of the following resolution of theeBoards of Directors of each of the
Companies at meetings duly called and held on March 9'1'983. ...
d ,I>
RESOLVED: The Chairman of the Board ofrbirectorsrthe-Presidentrany Vice,Presdent, th reasurer and the Secretary shall have power and
authorityto(1)appoint/ f / t r , t / "` _ r 1
attorneys -in -fact and, authorize them to execute on behalf of the Company attach the seal of the Company thereto,
bonds and undertakings, recognizances,�contracts of indemnity and other writings obligatory, in the nature thereof, and (2) to remove any such
-"/'--'/. 1 r / / / / /
attorney-in-fact at any time and revoke the power and authority given to him. Attorneys -in -fact shall have/power and authority, subject to the terms
and limitations of the power of attorney issued
-to-themto /exe cute an neer,/o% -behalf of the Company and attach the seal of the Company
thereto, bonds and undertakings, recogniza cn esrcontracts of�indemnit/and/other writings obligatory in the nature thereof, and any such
instrument executed by any such attorney -indirect shal�be ully.andin,a1l peas blinding -upon the Company. Certification as to the validity of any
power of attorney authorized herein/made by an officer of Employers.Mutual Casual y Company shall be fully and in all respects binding upon this
company. The facsimile or mechanically reproduced signature Of such officer, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power-of-attorney of the Company, shall lie'valid and binding upon the Company with the same force and affect as though
manually affixed.Y
*07
IN WITNESS WHEREOF. The Companies have-caued pie presents to be sinned for each by their Chain and Assistant Secretary, and the
Corporate seals to be hereto affixed this A .--‘7":"'""w>mY of February , 19
„--.W.‘,,,? .1
WARNING: This power invalid if red,diagonal imprin "Employers Mutual C�•anies' is not present in its entirety, and if the signatures of
the officers and notary public do not appear.in blue, and if the "EMC" w
Seals y
soill
.`SOO 1I,NSUgq' ; \�SOPANCE-;,,, J el.nN S�q',,
WoP-`oxpoagr,�0F, y , Xow 0006,••-0 = • ',0z,•`onronglg2m Robb B. Kelley /John M. Van Sloun
- F_nc fF '3 c ❑arr �c Chairman Assistant Secretary
o = SEAL _ 3 _ = = 1863 1953 3 16th February 90
=2 rag; '� B.I. =c= Go''• •-0z
• 1#•:. ft titiO\5* • `
`, . • Nq39
•
tttttttttttt
``
00
,,.�`•!,1I;AML..,,Qineo
' S,',.'• NSURAy�'•`\NS'BAyf•.,=��e
` %�`r.
41.....1;S‘
• .00OIL; 1,o • 'epoea� • .„,1 9p0nyp
¢.o0;.
t
SEAL zt. SEAL a SEAL in -
i ,,,,,, of 0 ;'"., „,,•o<C :, SFS'„na'P:
IMO %,OgrB oexo� 'g01NE5 �0�O
does •t appear in the top half center of the page.
•
1 S, gKRISTIE L TYLER
�- .�e1 IMY COMMISSION E%PIRESI
On this I day of AD 19 before
me a Notary Public in and for Polk County, Iowa, personally appeared Robb B.
Kelley and John M. Van Sloun, who being by me duly sworn, did say that they
are,. and are known to me to be the Chairman and Assistant Secretary,
respectively, of each of The Companies above; that the seals affixed to this
instrument are the seals of said corporations; that said instrument was signed
and sealed on behalf of each of The Companies by authority of their respective
Boards of Directors; and that the said Robb B. Kelley and John M. Van Sloun
acknowledge the',execution of said instrument to be the voluntary act and deed
of each of The Companies.
My Commission Expires
Notary Public
CERTIFICATE 1
I, Richard E. Haskins of the Employers Mutual Casualty Company, do hereby certify that treti[eaoicw.reltiutio 01e Boards of Directors by
each of The Companies, and this Power of Attorney issued pursuant thereto on i 77
on behalf of Pat A. Girard, Donna M. Joyce I
are true and correct and are still in full force and effect.
October 2, 1992
ye/t
In Testimony Whereof I have subscribed my re and affixed the facsimile seal of each Company this
NAV G.7-ngra- , 19 n i
Form 7832 Fourth Reprint
orPit
day of
Vice -President
CONTRACT 9
THIS AGREEMENT, made this ,� 0 day of NoVEM RE 2
by and between
HUD 4238-F
(6-66)
, 19 90
CITY oK FAYETTE✓/ct , herein called
(Corporate Name of Owner)
"Owner", acting herein through its
�UILO
STRIKE OUT
INAPPLICABLE
TERMS
of SPIaltOb70ALC
State of Pc RKAUSAS
and
and
AYO2
(Title of Authorized Official)
I NbS, [
(a corporation) Ca-pa2 n8rs"hip)
(an-jnd uidual daing sfness-as
, County of ID AS it'jOS Dc,)
, hereinafter called "Contractor."
WITNESSETH: That for and in consideration of the payments
agreements hereinafter mentioned, to be made and performed by
Owner, the Contractor hereby agrees with the Owner to commence
complete the construction described as follows:
and
the
and
AU INDUSTRIES, INC. SITE AND BUILDING IMPROVEMENTS'
1102 Happy Hollow Road
Fayetteville, Arkansas
hereinafter called the Project, for the sum of SEdeNT?' FouE. TNoOSAUD
Voue ►Uo o&tn Eiy,,F,N P,ri Dollars ($74e 43/.S.00 ) and all extra
work in connection therewith, under the terms as stated in the
General and Supplemental Provisions of the Contract; and at his
(its or their) own proper costand 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, General Provisions, and Supplemental
Specifications 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 all of which are made a part hereof an 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
Lia— consecutive calendar days thereafter. the Contractor
further agrees to pay, as liquidated damages, the sum of $ 450.40
for each consecutive calendar day thereafter as hereinafter
provided in Paragraph 19 of the General Conditions.
i
The Owner agrees to pay the Contractor in current funds for the
performance of the Contract, subject to additions and deductions,
as provided in this Contract, and to make payment on account
thereof as provided in Paragraph 25, "Payments to Contractor," of
the General Conditions.
IN WITNESS WHEREOF,the
this contract in
deemed an original, on t
(Seal)
ATTEST:
Witness
(Seal)
Secretary
Wit
parties to these presents have executed
counterparts, each of which shall be
he day and year first above mentioned.
Wuat-
(Print or type names underneath
all signatures)
l i iry or FAY EtTE✓ILbE
Owner,
By 4:( 0t>„,
nrIAYOt
Title
4POIL OA,S 1:5NPJ
Contr to///
By X1.45.; m�/ 1‘eier
�r.!
tle �r
POQ 1940
S Pen 6nALE fl2 74276:7
Address and Zip Code
NOTE: Secretary of the Owner should attest. If Contractor is
a corporation, Secretary should attest.
HUD 4238-J
(2-66)
U.S. DEPARTMENT OF HOUSING AND. URBAN DEVELOPMENT
CERTIFICATE OF OWNER'S ATTORNEY
I, the Undersigned:.
the
duly authorized and acting legal representative of
, 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 constitute
valid and legally binding obligations upon the parties executing
the same in accordance with terms, 'conditions and provisions
thereof.
Date:
•
Signature
HUD-4238-S(R)
I
L
I
L
I
I
I
L
I
I
I
I
I
I
I
I
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Community Development Block
,Grant Program
GENERAL CONDITIONS
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 the contract and the
provisions thereof shall be as binding upon the parties hereto as if they were
herein fully set forth. The table of contents, titles, headings, 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 & Removal of Debris
3.
Additional Instructions & Detail Drawings
38.
Quantities of Estimate
4.
Shop or Setting Drawings
39.
Lands & Rights -of -Way
5.
Materials, Services, & Facilities
40.
General Guaranty
6.
Contractor's Title to Material
41.
Conflicting Conditions
7.
Inspection & Testing of Materials
42.
Notice & Service Thereof
8..
"Or Equal" Clause
43.
Required Provision Deemed Inserted
9.
Patents
44.
Protection of Lives & Health
10.
Surveys, Permits & Regulations
45.
Subcontracts
11.
Contractor's Obligations
46.
Equal Employment Opportunity
12.
Weather Conditions
47.
Interest of Member of Congress
13.
Protection of Work & Property - Emergency
48.
Other Prohibited Interests
14.
Inspection
49.
Use Prior Owner's Acceptance
15.
Reports, Records & Data
50.
Photographs
16.
Superintendence by Contractor
51.
Suspension of Work
17.
Changes in Work
52.
Anticipated Fringe Benefits
18.
Extras
53.
Overtime Compensation
19.
Time for Completion & Liquidated Damages
54.
Apprentices/Trainees
20.
Correction of Work
55.
Employment Prohibited
21.
Subsurface Condition Found Different
56.
Compliance with Anti -Kickback Act
22.
Claims for Extra Cost
57.
Classifications Not Listed
23.
Right of Owner to Terminate Contract
58.
Fringe Benefits Not Expressed
24.
Construction Schedule & Periodic Estimates
59.
Posting Wage Rates
25.
Payments to Contractors
60.
Complaints, Proceedings or Testimony
26.
Acceptance of Final Payment as Release
61.
Claims and Disputes
27.
Payments by Contractor
62.
Questions Concerning Regulations
28.
Insurance
63.
Payrolls and Records
29.
Contract Security
64.
Specific Coverage
30.
Additional or Substitute Bond
65.
Ineligible Subcontractors
31.
Assignments
66.
Provisions to be Included
32.
Mutual Responsibility of Contractors
67.
Employment Practices
33.
Separate Contracts
68.
Contract Termination; Debarment
34.
Subcontracting
*Attachment to Federal Labor Standards
35.
Architect/Engineer's Authority
Provisions
Index of General Conditions
I
Subject Section
' Accident Prevention . . .
Additional Bond . . . . .
Additional Instructions . . .
*Allowances. . . . . . .. . . .
Anti -Kickback Act . . . . .
Apprentices/Trainees. .
Architect's Authority . . .
' Assignments . . . . . . . .
Bond, Security. . . . .
Bond, Security; Additional.
' Changes in Work . . . . . .
Claims fo Extra Cost. . . .
Completion Time . . . . . .
Complaints, Proceedings or
Testimony . . . . . . . .
Condition, Subsurface . . . .
Conflicting Conditions. . . . .
Construction Schedule . . . . .
Contract Documents. . .
Contract Security . . . . .
' Contractor's Insurance. . .
Contract Termination. . . . .
Contractor's Mutual Responsibility.
Contractor's Obligations. . . .
' Claims and Disputes . . . . . .
Contractor's Title to Material. . .
Classifications Not Listed.
' Correction of Work. . . . . .
Damages, Liquidated . . . .
Data, Reports and Records .
Debarment; Breach of Labor
' Standards . . . . . . . .
Debris Removal. . . . . . .
Definitions . . . . . . . .
' Detail Drawings . . . . . .
Different Subsurface. . . .
Discrimination, Employment.
' Drawings, Detail. . . . . .
Emergencies . . . .
Employment Practices. . . .
*Equal Employment Opportunity.
' Estimated Quantities. . . . . .
Extras. . . . . . . . .
Final Payment . . . .. . . . . . .
' *Guarantee, General. . . . . . . . .
Inspection. . . . . . . . . . . .
Inspection of Materials . . . . .
' Insurance . . . . . . . . . .
Lands and Rights -of -Way . .
Legal Provisions, Implied .
Liquidated Damages. . . . .
' Materials . . . . . . . .
Member of Congress. .
Nondiscrimination, Employment . . .
Notice and Service. . . . . . . . .
44
30
3
36
56
54
35
31
29
30
17
22
19
60
21
41
24
1
29
28
68
32
11
61
57
20
19
15
68
37
2
3
21
46
3
13
67
46
38
18
26
40
17
28
39
43
19
5
47
46
42
Subject Section
Obligations of Contractor
"Or Equal" Clause . . . .
.
Overtime Compensation . . .
.
Owner's Right to Terminate.
Patents . . . . . . . . .
Payments by Contractor. .
.
Payments to Contractor. .
.
Payrolls and Records. .
Periodic Estimates . .
Permits, Surveys, Regulations
Photographs . . . . . . . . .
.
Posting Minimum Wage Rates. .
.
Prohibited Interests. . . .
.
Protection of Lives and Health.
Protection of Work, Property.
*Provisions Required by Law.
Quantities of Estimate. . .
.
Questions Concerning Regulation
Release of Contractor .
Removal of Debris . . .
• Reports, Records and Data
Responsibility of Contractor.
Right of Owner to Terminate
Rights -of -Way . . . . . . .
.
Schedule of Construction.
Security. . . . . . . .
Separate Contracts. . .
Services, Materials, Facilities
S.hop Drawings . . . . .
Specific Coverage . . .
Stated Allowances . . .
Subcontracting.'. . . .
Subcontractor's Insurance . .
.
Subcontractors, Ineligible.
Substitute Bond . . . .
Subsurface Conditions . . . .
.
Superintendence by Contractor
Surveys, Permits. . . . . . .
.
Suspension of Work. . .
Termination of Contract
Testing of Materials. .
Time for Completion . .
Title to Materials. . . . . .
.
Trainees/Apprentices. .
Use and Occupancy . ..
Use of Premises . . . ... .
Weather Conditions. . .
'Anticipated Fringe Benefits
:*Employment Prohibited . . . . .
*Fringe Benefits Not Expressed
'*Provisions to be Included . . .
11
53
23
27
25
63
24
10
50
59
48
44
13
43
38
62
26
37
15
32
23
39
24
29
33
5
4
64
36
34,
28
65
30-
21
16
10
51
23,
7
19
54
49
37
12
52
55
58
45
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1 2. Definitions
The following terms as used in this contract are respectively
defined as follows:
(a) "Contractor": A person, firm or corporation with whom the
contract is made by the Owner.;
(b) "Subcontractor": A person, firm or corporation supplying
labor and materials or only labor 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, including the transportation of
materials and supplies to or from the location of the project
by employees of the Contractor: and any Subcontractor.
3. Additional Instruction 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
1 schedule fixing the respective dates for the submission of shop
drawings, the beginning of manufacture, testing 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 accordance with the progress of the
work.
' 4. Shop or Setting Drawings
The Contractor shall submit promptly to the Architect/Engineer two
(2) copies of each shop or setting drawing prepared in accordance
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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 (2) corrected copies. If requested by
• the Architect/Engineer the Contractor must furnish additional
copies. Regardless of corrections made in or approval given to
such drawings by the Architect/Engineer, the Contractor will
nevertheless be responsible for the accuracy of such drawings and
for their conformity to the Plans and Specifications, unless he
' notifies the Architect/Engineer in writing of any deviations at
the time he furnishes such drawings.
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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 with 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 Subcontractor subject to any chattel mortgage
or under a conditional sale contract or other agreement by which
Ian 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.
' 7. Inspection and Testing of Materials!
(a) All materials and equipment used in the construction of the
' project shall be subject to adequate inspection and testing
in accordance with accepted standards. The laboratory or
inspection agency shall be selected by the Owner. The Owner
' will pay for all laboratory inspection service direct, and
not as part of the contract.
(b) Materials of construction, particularly those upon which the
' strength and durability of the; structure may depend, shall be -
subject to inspection and testing to establish conformance
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
manufacturer's or vendor's 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.
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' 9. Patents
(a) The Contractor shall hold land save the Owner and its
officers, agents, servants, i and employees harmless from
liability •of any nature or kind, including cost and expenses
for, or on account of, any patented or unpatented invention,
' process, article, or appliance manufactured or used in the
performance of the contract, including its use by the. Owner,
unless otherwise specifically stipulated in the Contract
Documents.
' (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 understood, that, without exception, the
contact prices shall include all royalties or cost arising
' from the use of such design, device, or materials, in any way
involved in the work. The Contractor and/or his Sureties
shall indemnify and save harmless the Owner of the project
from any and all claims for infringement by reason of the use
' of such patented or copyrighted design, device or materials
or any trademark or copyright 1n 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 of 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. i
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 relating to performance of the work, the
protection of adjacent property,, and the maintenance of
passageways, guard fences or other ;protective facilities.
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11. Contractor's Obligations
The Contractor shall and will, in good workmanlike manner, do and
' perform all work and furnish all supplies and materials,
machinery, equipment, facilities, and means, except as 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, comply with, and be subject to all
terms, conditions, requirements, and limitations of the contract
I. and specifications, and shall do, carry on, and complete the
entire work to the satisfaction of the Architect/Engineer and the
Owner.
12. Weather Conditions
In the event of temporary suspension of work, or during inclement
' weather, or whenever the Architect/Engineer shall direct, the
Contractor will, andwill cause h;is 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, of injury unless such be caused
directly by errors contained in the contract or by the Owner, or
his duly authorized representatives.
In case of an emergency which threatens loss or injury of
I. 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 thereafter. 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.
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' The amount of reimbursement claimed by the Contractor on account
of any emergency action shall be determined in the manner provided
in Paragraph 17 of the General Conditions.
14. Inspection
The authorized representatives and agents of the Department of
' Housing and Urban Development shall be permitted to inspect all
work, materials, payrolls, records of personnel, invoices of
materials, and other relevant data;and records.
15. Reports, Records, and Data
The Contractor shall submit to +the Owner such schedules 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.
' 16. Superintendence by Contractor
' At the site of the work the Contractor shall employ a construction
superintendent or foreman who shall have full authority to act for
the Contractor. It is understood that such representative shall
I. be acceptable to the Architect/Engineer and shall be one who can
be continued in that capacity for; the particular job involved
unless he ceases to be on the Contractor's payroll.
17.. Changes in, Work
No changes in the work covered by the approved Contract Documents
shall be made without. having prior; written approval of the Owner.
Charges or credits for the work covered by the approved change
shall be determined by one or more, or a combination of the
' following methods:
(a) Unit bid price previously approved.
(b) An agreed lump sum.
I. (c) The actual cost of:
1. Labor, including foreman;
2. Materials entering permanently into the work;
3. The ownership or rental cost of construction plant and
equipment during the time of use on the extra work;
.4. Power and consumable supplies for the operation of power
equipment;
5. Insurance;.
• 6. Social Security and old age and unemployment
contributions.
' To the cost under (c) there shall be added a fixed fee to be
agreed upon but not to exceed fifteen percent (15%) of the
actual cost of the work. The�fee shall be compensation to
cover the cost of supervision; overhead, bond, profit, and
any other general expenses.
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18. Extras
Without invalidating the contract, the Owner may order extra work
or make changes by altering, adding to or deducting from the work,
I. 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
I. It is hereby understood and mutually agreed, by and between the
Contractor and the Owner, that the date of beginning and the time
for completion as specified in the contract of the work to be done
hereunder are ESSENTIAL CONDITIONS of this contract; and it is
further mutually understood and agreed that the work embraced in
this contract shall be commenced on a date to be specified in the
"Notice to Proceed."
The Contractor agrees that said work shall be prosecuted
regularly, diligently, and uninterruptedly at such rate of
progress as will insure full completion thereof within the time
specified. It is expressly understood and agreed, by and between
the Contractor and the Owner, that the time for the completion of
the work described herein is a reasonable time for the completion
' of the same, taking into consideration the average climatic range
and usual 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 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 timeto time by the Owner from
current periodical estimates.
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' It is further agreed that time is of the essence of each and every
portion of this contract and of the specifications wherein a
definite and certain length of time, is fixed for the performance
' of any act whatsoever; and where under the contract an additional
time is allowed for the completion of any work, the new time limit
fixed by such extension shall be of '.the essence of this contract.
' Provided, that the Contractor shall not be charged with
liquidated damages or any excess cost when the Owner determines
that the Contractor is without fault and the Contractor's reasons
for the time 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 unforseeable cause beyond the control and without the
fault or negligence of the Contractor, including butnot
restricted to, acts of God, oriof the public enemy, acts of
the Owner, acts of another Contractor in the performance of a
I. contract with the Owner, fires, floods, epidemics, quarantine
restrictions, strikes, freight embargoes, and severe weather;
and
' (c) To any delays of Subcontractors or suppliers occasioned by
any of the causes specified in'subsections (a) and (b) of
this article.
Provided, further, that the Contractor shall, within ten
(10) days from the beginning of such delay, unless the Owner shall
' grant a further period of time prior to the date of final
settlement of the contract, notify the Owner, in writing, of the
causes of the delay, who shall ascertain the facts and extent of
' the delay and notify the Contractor; within a reasonable time of
its decision in the matter.
20. Correction of Work
All work, all materials, whether incorporated in the work or not,
all processes of manufacture, and all methods of construction
' shall be at all times and places subject to the inspection of the
Architect/Engineer who shall be the final judge of the quality and
suitability of the work, materials,: processes, of manufacture, and
' methods of construction for the purposes for which they are used.
Should they fail to meet his approval they shall be forthwith
reconstructed, made good, replaced and/or 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 judgement of the
Architect/Engineer shall be equitable.
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21. Subsurface Conditions Found Different
Should the Contractor encounter subsurface and/or latent
' conditions at the site materially differing from those shown on
the Plans or indicated in the Specifications, he shall immediately
give notice to the Architect/Engineer of such conditions before
they are disturbed. . The Architect/Engineer will thereupon
' promptly investigate the conditions, and if he finds that they
materially differ from those shown on the Plans or indicated in
the Specifications, he will at once.make such changes in the Plans
' and/or Specifications as he may find necessary, any increase or
decrease of cost resulting from such changes to be adjusted in the
manner provided in Paragraph 17 of the General Conditions.
' 22. Claims for Extra Cost
No claim for extra work or 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
I. Owner may serve written notice upon the Contractor and the Surety
of its intention to terminate the contract, such notices to
contain the reasons for such intention to terminate the contract,
and unless within ten (10) days after the serving of such notice
upon the Contractor, such violation or delay shall cease and
satisfactory arrangement of correction be made, the contract
shall, upon the expiration of said ten (10) days, cease and
' terminate. In the event of any such termination, the Owner shall
immediately serve notice thereof i upon the Surety and the
Contractor, and the Surety shall have the right to take over and
' perform the contract; Provided, however, that if the Surety does
not commence performance thereof within ten (10) days from the
date'of the mailing to such Surety of notice of termination, the
Owner may take over the work and prosecute the same to completion
' by contract or by force account for the account and at the expense
of the Contractor, and the Contractor and his Surety shall be
liable to the Owner for any excess cost occasioned the Owner
' thereby, and in such event the Owner may take possession of and
utilize in completing the work, such materials, appliances, and
plant as may be on the site of the work and necessary therefor.
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24. Construction Schedule and Periodic Estimates
Immediately after execution and delivery of the contract, and
before the first partial payment isi made, the Contractor shall
deliver to the Owner an estimated construction progress schedule
in form satisfactory to the Owner, showing the proposed dates' of
I. commencement and completion of each of the various subdivisions of
work required under the Contract Documents and the anticipated
amount of each monthly payment that'. will become due the Contractor
is accordance with the progress schedule. The Contractor shall
1 also furnish on forms to be supplied by the Owner (a) detailed
estimate giving a complete breakdown of the contract price and (b)
periodic itemized estimates of work; done for the purpose of making
' partial payments thereon. The costs employed in making up any of
these schedules will be used only. for determining the basis of
partial payments and will not be considered as fixing a basis for
I. additions to or deductions from the: contract price.
25. Payments to Contractor
' (a) To insure the proper performance of this contract, the Owner
shall retain ten percent (10%)jof the amount of each estimate
until final completion and acceptance of all work covered by
I. this contract: Provided, that the Contractor shall
submit his estimate not later than the first day of the
month; Provided, further, that'the Owner at any time
after seventy five percent (75%) of the work has been
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completed, if it finds that satisfactory progress is being
made, may reduce retainage to five prcent (5%);
Provided, further, that on completion and
' acceptance of each separate building, public work, or other
division of the contract, on' which the price is stated
separately in the contract, payment may be made in full,
' including retained percentages thereon, less authorized
deductions.
(b) In preparing estimates the material delivered on the site and
preparatory work done may be taken into consideration.
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(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 the terms of
the contract.
(d) Owner's Riqht to Withhold Certain Amounts and Make
Application Thereof: The Contractor agrees that he will
indemnify and save the Owner harmless from all claims growing
out of the lawful demands of subcontractors, laborers,
workmen, mechanics, materialmen, and furnishers of machinery
' and parts thereof, equipment, power tools, and all supplies,
including commissary, incurredin the furtherance of the
performance of this contract. ;The Contractor shall, at the
' Owner's request, furnish satisfactory evidence that all
obligations of the nature hereinabove designated have been
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paid, discharged, or waived. If the Contractor fails to do
so, then the Owner may, after having served written notice on
the said Contractor, either pay unpaid bills, of which the
Owner has written notice, direct, or withhold from the
Contractor's unpaid compensation a sum of money deemed
reasonably sufficient to pay any and all such lawful claims
until satisfactory evidence is furnished that all liabilities
have been fully discharged whereupon payment to the
Contractor shall be resumed, in accordance with the terms of
this contract, but in no event: shall the provision of this
sentence be construed as to impose any obligations upon the
Owner to either the Contractor or his Surety. In paying any
unpaid bills of the Contractor', the Owner shall be deemed the
agent of the Contractor, and any payment so made by the Owner
shall be considered as a payment made under the contract by
the Owner to the Contractor and the Owner shall not be liable
to the Contractor for any such payments made in good faith.
Acceptance of Final Payment Constitutes Release
The acceptance by the Contractor of final payment shall be and
shall operate as a release to the Owner of all claims and all
liability to the Contractor for all: things done or furnished in
connection with this work and for every act and neglect of the
Owner and other relating to or arising out of this work. No
payment, however, final or otherwise, shall operate to release the
.Contractor or his sureties from; any obligations under this
contract or the Performance and Payment Bond.
Payment by the Contractor
The Contractor shall pay (a) for all transportation and utility
services no later than the 20th day of the calendar month
following that in which the services are rendered, (b) for all
materials, tools, and other expendable equipment to the extent of
ninety percent (90%) of the cost thereof, not later than the 20th
day of the calendar month following! that in which such materials,
tools, and equipment are delivered at the site of the project and
the balance of the cost thereof, not later than the 30th day
following the completion of that part of the work in or on which
such materials, tools, equipment are incorporated or used, and (c)
to each of his subcontractors, not later than the 5th day
following each payment to the Contractor, the respective amounts
allowed the Contractor on account of the work performed by his
subcontractors to the extent of each subcontractor's interest
therein.
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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
subcontract until the insurance required of the subcontractor has
been so obtained and approved.
(a) Compensation Insurance: The Contractor shall procure
and shall maintain during the life of this contract Workman's
Compensation Insurance as required by applicable State or
territorial law for all of his employees to be engaged in
work at the site of the project under this contract and, in
case of any such work sublet, the Contractor shall require
the subcontractor similarly to provide Workman's Compensation
Insurance for all the latter's;employees to be engaged in
such work unless such employees are covered by the protection
afforded by the Contractor's Workman's . Compensation
Insurance. In case any class of employees engaged in
hazardous work on the project under this contract is not
protected under the Workman's Compensation Statute, the
Contractor shall provide and shall cause each subcontractor
to provide adequate employer'sliability insurance for the
protection of such of his employees as are not otherwise
protected.
(b) Contractor's Public Liability and Property Damaqe
Insurance and Vehicle Liability Insurance: The
Contractor shall procure and shall maintain during the life
of this contract 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 Damaqe
Insurance and Vehicle Liability Insurance: The
Contractor shall either (1) require each of his
subcontractors to procure and to maintain during the life of
his subcontract, Subcontractor's Public Liability, Property
Damage Insurance, and Vehicle Liability Insurance of the type
and in the amounts specified in the Supplemental General
Conditions specified in subparagraph (b) hereof or, (2)
insure the activities of :his policy, specified in
subparagraph (b) hereof.
(d) Scope'of Insurance and Special;Hazards: The insurance
required under subparagraphs (b) and (c) hereof shall provide
adequate protection for the - Contractor and his
subcontractors, respectively, against damage claims which may
arise from operations under this contract, whether such
operations be by the insured or by anyone directly or
indirectly 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. ,
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e) Builder's Risk Insurance (Fire and Extended Coveraqe):
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) on a 100 percent completed value basis on
the insurable portion of the project for he benefit of the
Owner, the Contractor, subcontractors as their interests may
appear. The Contractor shall not include any costs for
Builder's Risk Insurance (fire and extended coverage)
premiums during construction unless the Contractor is
required to provide such insurance; however, this 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 Carriaqe of Insurance: The Contractor shall
furnish the Owner with certificates showing the type, amount,
class of operations covered, effective dates and date of
expiration of policies. Such certificatse 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."
29. Contract Security
The Contractor shall furnish a performance bond in an amount at
least equal to one hundred percent (100%) of the contract prices
as security for the faithful performance of this contract 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 may be 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 be1satisfactory to the Owner. The
premiums on such bonds shall be paid by the Contractor. No
further payments shall be deemed due or shall be made until the
new surety or sureties shall have furnished such an acceptable
bond to the Owner.
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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 oz 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 of services rendered or materials supplied for
the performance of the work called for in this contract.
Mutual Responsibility of Contractors
If, through acts of neglect on the part of the Contractor, any
other Contractor or any subcontractor shall suffer loss or damage
on the work, the Contractor agrees to settle with such other
Contractor or subcontractor by agreement or arbitration if such
other Contractor or subcontractor will settle. If such other
Contractor or subcontractor shall assert any claim against the
Owner on account of any damaged alleged to have been sustained,
the Owner shall notify the Contractor, who shall indemnify and
save harmless the Owner against any such claim.
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 execution of the
work. The Contractor, including his subcontractors, shall keep
informed of the progress and the detail work of other Contractors
and shall notify the Architect/Engineer immediately of lack or
progress or defective workmanship on the part of the 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.
Subcontracting
(a) The Contractor may utilize the services of specialty
subcontractors on those parts of the work which, under normal
contracting practices, are' performed by specialty
subcontractors.
(b) The Contractor shall not award. any work to any subcontractor
without prior written approval of the Owner, which approval
will not be given until the Contractor submits to the Owner a
written statement 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.
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' (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 subcontractors and to give the Contractor the
same power as regards terminating any subcontract that the
Owner may exercise over the Contractor under any provision of
the contract documents.
(e) Nothing contained in this contract shall create any
I. 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 contract and specifications, relative to
the execution of the work. The Architect/Engineer shall determine
the amount, quality, acceptability,:and fitness of the several
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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
Ito said contract 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 anyi manner or to any extent by
'such question.
The Architect/Engineer shall decide' the meaning and intent of any
' portion of the specifications and of any plans or drawings where
the same may be found obscure or be in dispute. Any differences
or conflicts in regard to their work which may arise between the
' Contractor under this contract and •other Contractors performing
work for the Owner shall be adjusted and determined by the
Architect/Engineer.
' 36. Stated Allowances
The Contractor shall include in his proposal the cash allowances
I. 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 competative
bids. If the actual price for purchasing the "Allowed Materials"
is more or less than the "Cash Allowance," the contract price
shall be adjusted accordingly, The:adjustment in 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 covering this work.
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37. Use of Premises and Removal of Debris
The Contractor expressly undertakes at his own expense:
(a), to take every precaution against injuries to persons or
damage to property;
(b) to store his apparatus, materials, supplies and equipment in
such orderly fashion at the site of the work as will' not
unduly interfere with•the progress of his work or the work of
any other contractors;
(c) to place upon the work or any art thereof only such loads as
are consistent with the safety; of that portion of the work;
(d) to clean up frequently all ref;use,'rubbish, scrap materials,
and debris caused by his operations, to the end that at all
times the site of the work sha{11 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 resulting
from his operations, and to putt the site in a neat, orderly
condition;
(f) to effect all cutting, fitting, or patching of his work
required to make the same ;conform to the plans and
specifications and,except with the consent of the
Architect/Engineer, not to, cut ior otherwise alter the work of
any other Contractor.
38. Quantities of Estimate
Wherever the estimated quantities o!f 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 the use in
comparing bids and the right is especially reserved except as
herein 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.
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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 defectsin 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 provision in any of the Contract Documentswhich 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.
43. Provisions Required by Law Deemed Inserted
Each and every provision of law and! clause required by law to be
inserted in this contract shall be deemed to be inserted 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
"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."
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Subcontracts
The Contractor will insert in any subcontracts the Federal Labor
Standards Provisions contained herein and such other clauses as
the Arkansas Industrial Development Commission 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.
Equal Employment Opportunity
During the performance of this contract the Contractor agrees as
follows:
(a) The Contractor will not discriminate against any employee or
applicant for employment because of race, religion, sex,
color or national origin. s 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. ;
(b) The Contractor will, in all solicitations or advertisement
for employees placed by or on behalf of the Contractor, state
that all qualified applicants will receive consideration for
employment without regard to race, religion, sex, color, of
national origin.
(c) The Contractor will send to each labor union or
representative of workers with which he has a collective
bargaining agreement or other 'contract or understanding, a
notice to be provided advising the labor union or workers'
representative of the Contractor's commitments under Section
202 of Executive Order No. 11246 of September 24,1965, and
shall post copies of the :notice in conspicuous places
available to employees and applicants for employment.
(d) 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.
(e) 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, the Arkansas Industrial Development
Commission or their representatives, and the Secretary of
Labor for purposes of investigation to ascertain compliance
with such rules, regulations,; and orders.
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' (f) 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
I. contract, 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.
(g) The Contractor will include the provision of paragraphs (a)
through (g) 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 No.
' 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 Arkansas Industrial Development
Commission and 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
I. 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 contract or in any part hereof. No
officer, employee, architect, attorney, engineer or inspector of
or for the Owner who is authorized in such capacity and on behalf
of the Owner to exercise any legislative, executive, supervisory
' or other similar fuctions in connection with the construction of
the project, shall become directly or indirectly interested
personally in this contract or in any part hereof, any material
' supply contract, subcontract, insurance contract, or any other
contract pertaining to the project.i
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49. Use and Occupancy Prior to Acceptance by Owner
The Contractor agrees to the use and occupancy of a portion or
unit of the project beforeformal 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 remaining period of construction, 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 complete
construction. Consent of the Surety must also be obtained.
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 such 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 set forth in writing.,
' 52. Anticipated Costs of Fringe Benefits
If the Contractor does not make payments to a trustee -or other
third person, he may consider as part of the wages of any laborer
' or mechanic the amount of any costs. reasonably anticipated in
providing fringe benefits under a ; plan or program of a type
expressly ,listed in the wage determination decision of the
Secretary of Labor which is part 'of this contract: Provided,
' however, the Secretary of Labor has found, upon 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.
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53. 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 quards,;shall require or permit any
laborer or mechanic in any workweek in which he is employed
on such work to work in excess. of 40 hours in such work week
I. 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 40 hours in such work
' week.
(b) Violation: Liability for Unpaid Waqes Liquidated
• Damages. In the event of any violation of the clause
' set forth in paragraph (a), the contractor and any other
subcontractor responsible therefore shall be liable to any
affected employee for his unpaid wages. In addition, such
Contractor or 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 violation: of the clause set forth in
I. paragraph (a), in the sum of $10.00 for each calendar day on
which such employee was required or permitted to work in
excess of the standard workweek of 40 hours without payment
of the overtime wages. requiredby the clause set forth in
' paragraph (a). '
(c) Withholding the Liquidated Damages. The Local Public
Agency or Public Body shall withhold or cause to be withheld,
from any moneys payable on account of work performed by the
Contractor or subcontractor, such sums as may
administratively be determined'to be necessary to satisify
' any liabilities of such contractor or subcontractor for.
liquidated damages as provided:in the clause set forth in
paragraph (b).
(d) Subcontracts. The Contractor shall insert in any
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subcontracts the clauses set forth in paragraph (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.
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54. Employment of Apprentices/Trainees
(a) Apprentices will be permitted to work at less than the
predetermined rate for work they performed when they are
employed and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of
Labor, Manpower Administration, Bureau of Apprenticeship and
Training, or with a State Apprenticeship Agency recognized by
the Bureau, or if a person is employed in his first 90 days
of probationary employment as an apprentice in such an
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 j eligible for probationary
employment as an apprentice:. The- allowable ratio of
apprentices to journeymen in any craft classification shall
not be greater than the ratio permitted to the contractor as
to his entire workforce under the registered program. Any
employee listed on a payroll at an apprentice wage rate, who
is not a trainee as defined :in subdivision (b) of this
subparagraph or is not registered or otherwise employed as
stated above, shall be paid the wage rate determined by the
Secretary of Labor for the classification of work he actually
performed. The Contractor or subcontractor will be required
to furnish to the contracting officer or a representative of
the Wage -Hour Division of 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 contruction prior to using any apprntices 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 Apprenticeship 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
specificied in the approved, program for his level of
progress. Any employee listed! on the payroll at a trainee
rate who is not registered and. participating in a trainee
plan approved by the Bureau of; Apprenticeship and Training
shall be paid not less than the wage rate determined by the
Secretary of Labor for the classification of work he actually
performs. The Contractor or subcontractor will be required
to furnish the contracting officer or a representative of the
Wage -Hour Division of the U.S.' Department of Labor written
evidence of the certification of his program, the
registration of the trainees, and the ratios and wages
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• prescribed in that program. In the event the Bureau of
Apprenticeship and Training withdraws approval of a training
program, the Contractor wily no longer be permitted to
utilize trainees at less than the applicable predetermined
rate for the work performed until an acceptable program is
approved.
(c) Equal Employment Opportunity. The utilization of
apprentices, trainees and journeymen under this part shall be
in conformity with the equal employment opportunity
requirments of Executive Order.No. 11246, as amended, and 29
CFR Part 30.
55. Employment of Certain Persons Prohibited
No person under the age of sixteen (16) years old and no person
who, at the time, is serving sentence in a penal or correction
institution shall be employed on the work covered by this
contract.
56. Regulations Pursuant to So -Called "Anti -Kickback Act"
The Contractor shall comply with the applicable regulations (a
copy of which is attached and herein incorporated by refrence) of
the Secretary of Labor. U.S. Department of Labor, made pursuant
to the so-called "Anti -Kickback Act" of June 13, 1934 (48 Stat.
948; 62 Stat. 862; Title U.S.C. Section 874: and Title 40 U.S.C.,
Section 276c), and any other 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 requirements
thereof.
57. Employement of Laborers or Mechanics Not Listed in Aforesaid Wage
Determination Decision
Any class of laborers or mechanics which is not listed in the wage
determination and which is to be employed under the Contract will
be classified or reclassified conformably to the wage
determination by the Local Public ;Agency or Public Body, and
report of the action taked shall be submitted by the Local Public
Agency or Public Body, through the Secretary of Housing and Urban
Development, to the Secretary of Labor, U.S. 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 finaldetermination.
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58. Fringe Benefits Not Expressed as Hourly Wage Rates
The Local Public Agency or Public Body shall require, whenever the
minimum wage rate prescribed in the contract for a class or
mechanics includes a fringe benefit which is not expressed as an
hourly wage rate and the Contractor is obliged to pay cash
equivalent of such fringe benefit; an hourly cash equivalent
thereof to be established. In the event the interested parties
cannot agree upon a cash equivalent of the fringe benefit, the
question, accompanied by the recommendation of the Local Public
Agency of Public Body, shall be referred, through the Secreatary
of Housing and Urban Development, to the Secretary of Labor for
determination.
59. Posting Wage Detemination Decisions and Authorized Wage Deductions
' The applicable wage poster of the Secretary of Labor, U.S.
Department of Labor, and the applicable wage determination
decisions of said Secretary of Labor with respect to the various
classifications of laborers and mechanics employed and to be
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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 classifications, shall be
posted at appropriate conspicuous points at the site of the work.
' 60. Complaints, Proceedings, or testimony by Employees
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 reportediby the Contractor in writting
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, U.S. Department of Labor, whose decision
shall be final with respect thereto.
61. Claims and. Disputes Pertaining to Wage Rates
' Claims and disputes pertaining to wage rates or to classifications
of laborers and mechanics employed upon the work covered by this
' Contract shall be promptly reported by the Contractor in writing
to the Local Public Agency or Public Body for referral by the
latter through the Secretary of Housing and Urban Development to
' the secretary of. Labor, U. S. Department of Labor, whose decision
shall be final with respect thereto.'
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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, U.S.Department ;of Labor, pursuant to said
Acts, or (e) the labor standards provisions of any other pertinent
Federal statute, shall be referred, through the Local Public
Agency or Public Body and the Secretary of Housing and Urban
Development, to the Secretary of Labor, U.S. 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. ,
Payrolls and Basic Records of Contractor and Subcontractors
The Contractor and each subcontractor shall prepare his payrolls
on forms satisfactory to and in accordance with instructions to be
furnished by the Local Public Agency or Public Body. The
Contractor shall submit weekly to the Local Public Agency or
Public Body two certified copies of'all payrolls of the Contractor
and of the subcontractors, it being, understood that the Contractor
-shall be responsible for the submission of copies of payrolls of
all subcontractors. Each such payroll shall contain the "Weekly
Statement of Compliance" set forth in Section 3.3 of Title 29,
Code of Federal Regulations. The; payrolls and basic payroll
records of the Contractor and each subcontractor covering all
laborers and mechanics 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 contribution or costs anticipated of the types described'
in Section 1 (b)(2) of the Davis -Bacon Act), daily and weekly
number of hours worked, deductions made, and actual wages paid.
In addition, whenever the Secretary of Labor has found under
Section 5.5(a)(1)(iv) of Title 29, Code of Federal Regulations,
that the wages of any laborer or mechanic includes 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 of provideisuch benefits is enforceable,
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 U.S.
Department of Labor. Such representatives shall be permitted to
interview employees of the Contractor or any subcontractor during
working hours on the job.
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64. 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 subcontrator, 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 work tb which these Federal Labor
Standards Provisions are applicable:.
' 65. Ineligible Subcontractors
The Contractor shall not subcontract any part of the work covered
' by this contract or permit subcontracted work to be further
subcontracted without the Local Public Agency's or Public Body's
prior written approval 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 inelegible under the
provisions of any applicable regulations issued by the Secretary
of Labor, U.S. Department of Labor or the Secretary of Housing and
Urban Development, to receive an award of such subcontract.
66. 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,
provisions which are consistent with the 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
I. any further subcontracts that may in turn be made.
67. Employment Practices
' The Contractor shall (1) 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
I. the underemployed, and (2) insert or cause to be inserted the same
provision in each construction subcontract.
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' 68. Contract Termination; Debarment
A breach of Section 45 and the Federal Labor Standards Provisions
may be grounds for termination of the contract and for debarment
as provided in 29 CFR 5.6.
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U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Supplemental Genera II Conditions
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Enumeration of Plans, Specifications, and Addenda
Stated Allowances
Special Hazards
Public Liability and Property Damage Insurance
Photographs of Project
Schedule of Minimum Hourly Wage Rates
Builder's Risk Insurance
Special Equal Opportunity Provisions
Certification of Compliance with Air and Water Acts
Special Conditions
A. Definitions
B. Scope, Nature, and Intent of Contract, Specifications, and Plans
C. Figured Dimensions to Govern
D. Contractor to Check Plans and Schedules
E. Staking the Work
F. Inspection
G. Protection of Public Utilities
H. Use of Explosives
I. Danger Signals and Safety Devices.
J. Sanitary Conveniences
K. Privileges of Contractors in Streets
L. Sunday, Holiday, and Night Work
M. Owner's and Engineer's Protective Liability Insurance
Federal Labor Standards Provisions
Attachment to Federal Labor Standards Act:
So -Called "Anti -Kickback Act," Etc.
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1. ENUMERATION OF PLANS, SPECIFICATIONS AND ADDENDA
Following are the Plans, Specifications and Addenda which farm a part of
.this contract, as set forth in Paragraph•1 of the General Conditions,
"Contract and Contract Documents:"
DRAWINGS:
• General Construction: - I No.'s
Heating and Ventilating:
Plumbing:
Electrical: ! "
n
i n
SPECIFICATIONS:
General Conditions:
Page
to
incl.
Heating and Ventilating:
"
to
incl.
,
Plumbing:
"
to
incl.
,
Electrical:
I "
to
incl.
,
"
to ,
inc1.
•
i "
to ,
incl.
ADDENDA:
No. Date
No.
Date
No. Date
No.
I Date
2. STATED ALLOWANCES
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
I
Specifications)
$
D. For
(Page
of
Specifications)
$
E. For
(Page
of
—
Specifications)
$
F. For
(Page
of
Specifications)
$
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[2] The Contractor will, in all solicitations or advertisement for
employees placed by or in behalf of the Contractor, state that all
qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, or national origin.
' [3] The Contractor will send to each Tabor 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 worker's
representatives of the Contractor's commitment under this section and
shall post copies of the notice in! conspicuous places available to
' employees and applicants for employment.
[4] The Contractor will comply with allH.provisions of Executive Order 11246
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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.
I. [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, andthe Contractor may be declared
ineligible for further Government: contracts or federally assisted
construction contract procedures authorized in Executive Order 11246 of
September 24, 1965, or by rule, regulation, or order of the Secretary
' of Labor, or as otherwise provided by law.
[7] The Contractor will include the portion of the sentence immediately
' preceding 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.
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' S. SPECIAL HAZARDS
The Contractor's and his subcontractorr's Public Liability and Property Damage
I. Insurance shall provide adequate protection against the following special
hazards:
4. CONTRACTOR'S AND SUBCONTRACTOR'S PUBLIC LIABILITY, VEHICLE LIABILITY, AND
PROPERTY DAMAGE INSURANCE
As required under paragraph 2B of the General•Conditions, the Contractor's Public
Liability Insurance and Vehicle Liability Insurance shall be in the amount not
less than $500.OOCLOO for injuries, including; accidental death, to any one
person, and subject to the same limit for each person in an amount not less than
' $1,000,irC0,00 on account of one accident, and: Cant ract orr's Property Damage
Insurance in an amount not less than $500,OOirL00. *SEE NOTE BELOW.
The Contractor shall either (1) require each of his subcontractors to procure and
to maintain during -the life of his subcontract, Subcontractor's Public Liability
and Property Damage of the type and in the same amounts as specified in the .
preceding paragraph, or (2) insure the activities of his subcontractors in his
own policy.
J. PHOTOGRAPHS OF PROJECT
' As provided in paragraph 5r? of the General; Conditions, the Contractor will
furnish photographs in the number, type, and stage as enumerated below:
E•. SCHEDULE OF OCCUPATIONAL CLASSIFICATIONS AND MINIMUM HOURLY WAGE FATES AS
REQUIRED UNDER PARAGRAPH 59 OF THE GENERAL CONDITIONS
Given on Page 74
7. BUILDER'S RISK INSURANCE
As provided in the General Conditions, paragraph 28(e), the Contractor (will/will
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not) maintain Builder's Risk Insurance (fire and extended coverage) on a 100%
completed value basis on the insurable portions of the project for the benefit of
the Owner, the Contractor, and all subcontractors, as their interests may appear.
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*NOTE: In accordance with Arkansas Law, insurance shall be issued by a Resident
arkansaAgent licensed by the State Insurance Department of the State of
Arkansas; or if issued out-of-state, such insurance or certificate shall
be endorsed or co-signed by a Resident Arkansas Insurance Company.
Underwriters of the required insurance shall be licensed by the State of
Arkansas.
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SPECIAL EQUAL OPPORTUNITY PROVISIONS
A. Activities and Contracts Not Subject :to Executive Order 11246, As Amended
(Applicable to Federally assisted construction contracts and related
subcontracts under $10,000.00)
' 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 recruiting advertizing; layoff or terminatioh;.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 nondiscriminatory clause.
The Contractor shall state that all qualified applicants will receive
consideration for employment without regard to race, color, religion,
sex, or national origin.
[3] Contractors shall incorporate ,foregoing requirements in all
subcontracts.
B. Contracts Subject to Executive Order 11246, As Amended
(Applicable to Federally assisted construction contracts and related
subcontracts exceeding $10,000.00)
' 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 recruiting advertizing; layoff or termination; rates of
pay or other forms of compensation; and selection for training,
including apprenticeship. The Contractor shall post in conspicuous
places, available to employees and applicants for employment, notices
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to be provided by Contracting Officer setting forth the provisions of
this nondiscriminatory clause.
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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 24 CFR Part
' 135, and any applicable rules and orders of HUD issued thereunder.
(
[2] The Section 3 Clause set forth in 24 CFR 135.20(b) shall form part of
this contract, as set forth in Paragraph 1 of the General Conditions,
"Contract and Contract Documents."
[31 Contractors shall incorporate the Section 3 Clause shown below and
I. the forgoing requirements in all subcontracts.
Section 3 Clause as Set Forth in 24 CFR 135.20(b)
' A.. The work to be performed under this contract is on a project assisted
under a program providing direct Federal financial assistance from the
Department of Housing and Urban Development and is subject to the
' requirements of Section 3 of the Housing and Urban Development Act of 1968,
as amended, 12 USC 170(u). Section 3 requires that to the greatest extent
feasible, opportunities for training and employment be given lower income
' residents of the project area and contracts for work in connection with the
project be awarded to business concerns which are located in, or owned in
substantial part by persons residing in the area of the project.
B. The parties to this contract will comply with the provisions of said
Section 3 and the regulations issued pursuant thereto by the Secretary of
Housing and Urban Development set forth in 24 CFR , and all applicable
' rules and orders of the Department issued thereunder prior to the execution
of this contract. The parties to this contract certify and agree that they
are under no contractual or other disability which would prevent them from
complying with these requirements. '
' C. The Contractor will send to each labor organization or representative
of workers with which he has a collective bargaining agreement or. other
' contract or understanding, if any, a notice advising the said labor
organization or worker's representative of his commitments under this
Section 3 clause and shall post copies of the notice in conspicuous places
available to employees and applicants for employment or training.
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D. The Contractor will include this Section 3 clause in every subcontract
for work in connection with the project and will, at the direction of the
applicant for or recipient of Federal financial assistance, take appropriate
action pursuant to the subcontract upon a finding that the subcontractor is
in violation of regulations issued by the Secretary of Housing and Urban
Development, 24 CFR The Contractor will not subcontract with any
subcontractor where it has notice or knowledge that the latter has been
found in violation of regulations under 24 CFR and will not let any
subcontract unless the subcontractor '.has first provided it with a
preliminary statement of ability to comply with the requirements of these
regulations.
E. Compliance with the provisions of Section 3, the regulations set forth
in 24 CFR , and all applicable rules and orders of the Department
issued thereunder prior to the execution of the contract, shall be a
condition of the Federal financial assistance provided to the project,
binding upon the applicant or recipient for such assistance, its successors
and assigns. Failure to fulfill these requirements shall subject the
applicant or recipient, its contractors, and subcontractors, its successors
and assigns, to those sanctions specified by the grant or loan agreement or
contract through which Federal assistance is provided, and to such sanctions
as are specified by 24 CFR 135.
9. CERTIFICATION OF COMPLIANCE WITH AIR AND' WATER ACTS
(Applicable to Federally assisted construction contracts and related subcontracts
exceeding $10,000.00)
Compliance with Air and Water Acts
During the performance of this contract, the Contractor and all subcontractors
shall comply with the requirements of the Clean Air Act, as amended, 42 USC 1857
et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et
seq., and the regulations of the Environmental Protection Agency with respect
thereto, at 40 CFR Part 1.5, as amended.
In addition to the forgoing requirements; all nonexempt contractors and
subcontractors shall furnish 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
subcontract,
is
not listed on the
List of Violating Facilities issued
by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15:20.
[21 Agreement by
the Contractor to comply with all
the requirements
of
Section 1114
of the Clean Air Act, as amended (42
USC 1857C-8),
and
Section 308
of the Federal Water Pollution Control
Act, as amended
(33
USC 1318), relating
to inspection,; monitoring,
entry, reports,
and
information,
as well as all other requirements
specified in
said
Section 114
and Section 308, and all regulations and
guidelines issued
thereunder.
.
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[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.
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[4] Agreement by the Contractor that he will include, or cause to be
included, the criteria and requirements in paragraph [1] through [4] of
this section in every nonexempt subcontract and requiring that the
Contractor will take such action as the Government may direct as a
means of enforcing such provisions.!
SPECIAL CONDITIONS
A. Definitions
In addition to the Definitions as given in Section 2 of 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.
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The word "Owner".shall mean the City of Winslow, Arkansas.
The word "Mayor" shall mean the Mayor or: the City of Winslow, Arkansas. The
words "Board of Directors" shall mean the Board of Directors of City of
Winslow, Arkansas. The words "City Clerk" shall mean the City Clerk of the
City of Winslow, Arkansas. The words "City Engineer" shall mean the City
Engineer of the City of Winslow, Arkansas. The words "Water Superintendent"
shall mean the Water Superintendent of the City of Winslow, Arkansas.
The word "Engineer" shall mean Milholland Company, Engineering & Surveying,
of Fayetteville, Arkansas, who have been' employed by the Owner for this
work, or their duly authorized agents.
The word "Inspector" shall mean the engineering or technical inspector or
inspectors duly authorized by the Engineer, limited to the particular duties.
entrusted to him, her, or them.
The words "Bid" or "Proposal" are ;used interchangeably in these
specifications, and shall mean the documents provided in these
specifications for submission of bids by contractors bidding on the work.
Wherever the letters "ASTM" are used, they shall mean the American Society
for Testing Materials. The letters "AWWA" shall mean the American Water
Works Association. The letters "AASHO" shall mean the American Association
of State Highway Officials. The letters "NEMA" shall mean the National
Electrical Manufacturer's Association.
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When the words "as ordered," "as directed," "as permitted," "as allowed," or
words or phrases of like import are used,, they shall be understood to mean
that the order, direction, requirements,! permission or allowance of the
Owner and Engineer is intended.
Similarly the words "approved," "reasonable," "suitable," "acceptable,"
"properly," "satisfactory," or words of l like effect and import, unless
otherwise particularly specified herein,jshall mean approved, reasonable,
suitable, acceptable, proper, or satisfactory in the judgement of the Owner
and Engineer.
B. Scope, Nature, and Intent of Contract, Specifications, and Plans
The said specifications and plans are intended to supplement, but not
necessarily duplicate each other, and together constitute a complete set of
specifications and plans, so that any work exhibited in the one and not in
the other, shall be excuted just as if it had been set forth in both, in
order that the work shall be completed according to the complete design or
designs as decided and determined by the Engineer. Should anything be
omitted from the specifications and plans which is necessary to a clear
understanding of the work, or should it appear various instructions are in
conflict, then the contractor shall secure writteninstructions from the
Engineer before proceeding with the construction affected by such omission
or discrepancies. It is understood and: agreed that the work shall be
performed and completed according to the true spirit, meaning, and intent of
the contract, specifications, and plans.
C. Figured Dimensions to Govern
Figured dimensions, when given on the plans, shall be accurately followed,
even though they differ from scaled measurements. No work shown on the
plans, the dimensions of which are not figures, shall be executed until
instructions have been obtained from the: Engineer as to the dimensions to be
used. Large scale and fullsize drawings shall be followed in preference to
small scale drawings.
D. Contractor to Check Plans and Schedules
The Contractor is required to check all dimensions and quantities on the
plans and schedules given to him by the Engineer, and shall notify the
Engineer of any discrepancies between plans and the conditions on the
ground, or any error or omissions in the'plans, or in the layout as given by
stakes, points, or instructions, which he may discover in the course of the
work. The Contractor will not be allowed to take advantage of any error or
omission in the plans or contract documents, as full instructions will be
furnished by the Engineer should error or omission be discovered, and the
Contractor shall carry out such instructions as if originally specified.
E. Staking the Work
The work to be done will be staked out by the Engineer, and the Contractor
shall be required to conform to the stakes as set by the Engineer, and to
carefully preserve all stakes.
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F. Inspection
As set out in Section 14 of the General Conditions, the project shall at all
times be subject to inspection by representatives of the Department of
Housing and Urban Development. Access and inspection shall be provided for
representatives of the Owner, the Public Health Service and the Arkansas
' Department of Health. The Contractor shall provide proper facilities for
such access and inspection.
Unless otherwise directed by the Engineer, all work of a permanent nature
which cannot be inspected after completion shall be done in the presence of
an inspector. NO CONCRETE SHALL BE POURED UNLESS AN INSPECTOR IS PRESENT.
The Contractor shall notify the Engineer at least twenty-four (24) 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 (1) year, as set out in Section 40 of the
General Conditions.
The Engineer does not guarantee the performance of the contract by the
Contractor, nor shall his inspection be consrued 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 sub -contractors, nor for access, visits, use,
work, travel, or occupance by any person, as these responsibilities are
covered under the provisions of this contract, the Contractor's insurance
and performance bond, and are not the responsibility of the Engineer. Where
provisions of safety, in any of its categories, are not being observed, and
this condition comes to the attention of the Engineer or his
• es .
reprentatives, 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
equipment and personnel as are essential, to the actual prosecution of the
work. In these instances, the final grades, alignment, and dimensions are
subject to the checking of the Engineer.,
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C. Protection of Public Utilities
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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 arid lump sum prices specified in the
bid for the completion of this contract,' which prices shall cover every item
of additional cost for all the material and, labor necessary to support,
protect, or remove such tracts, pipes, conduits, overhead. and underground
wires, structures, and other improvements, during the construction of said
work across, under, over, along, or near• the same.
The Contractor shall satisfactorily shone, support, and protect any and all
pipes, sewers,' and other structures, and shall be responsible for any damage
resulting thereto. The Contractor shall not be entitled to any damages or
extra pay on account of any postponement, interference, or delay caused by
such structures being on the line ofi the work, whether or not such
structures are shown on the plans.
H. Use of Explosives
When the use of explosives is necessary for the prosecution of the work, the
Contractor shall observe all local, state, and federal laws in purchasing
and handling explosives. The Contractor shall take all necessary
precautions to protect completed work, neighboring property, water lines; or
other underground structures. Where there is danger to structures or
property from blasting, the charges shall be reduced and the material shall
be covered with suitable timber, steel, or rope mats.
The Contractor shall notify all owner of public utility property of
intention to use explosives at least eight (8) hours before blasting is done
close to such property. Any supervision: or direction of use of explosives
by the Engineer does not in any way reduce the responsibility of the
Contractor or his surety for damages that may be caused by such use.
I. Danger Signals and Safety Devices '
The Contractor shall take all necessary precautions to guard against damages
to property and injury to persons. He shall put up and maintain in good
condition sufficient red or warning lights at night, suitable barricades and
other devices necessary to protect the public. In case the Contractor fails
or neglects to take such precautions, the Owner may have such lights and
barricades installed and charge the cost'of this work to the Contractor.
Such action by the Owner does not relieve the Contractor of any liability
incurred under these specifications.
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J. Sanitary Conveniences
Sanitary conveniences, consistent with good health standards and decency,
shall be provided for the workmen. Such conveniences shall be approved by
the local officials responsible for such:standards. Such conveniences shall
be maintained in good order and waste disposed of regularly and to the
satisfaction of said official.
The Contractor shall provide safe drinking water for all workmen. The water
shall come from a safe source approved by the Arkansas Department of Health.
Water shall be delivered to workmen through an approved water spigot or
angle jet fountain, and the use of a common drinking cup will be prohibited.
K. Privileges of Contractor 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
practicable; cross streets will be kept open wherever possible.
The. Contractor shall notify the Fire Chief of the locality when a street is
closed and shall again notify him when it is opened for traffic. In case no
adequate detour can be provided, the Contractor will stand in readiness to
provide a crossing in case of any emergency.
L. Sunday, Holiday and Night Work
No work shall be done between the hours of 6:00 p.m. and 7:00 a.m., nor on
Sundays or legal holidays, except work as may be necessary for the proper
care and protection of work already performed, or in case of any emergency,
and in any case only with the written permission of the Engineer.
It is understood, however, that night work may be established as a regular
procedure by the Contractor if he first obtains the written permission of
the Engineer, and that such permission may be revoked at any time by the
Engineer if the Contractor fails to maintain at night an adequate force and
equipment for reasonable prosecution and supervision of the work.
M. Owner's and Engineer's Protective Liability Insurance
The Contractor shall imdemnify and save harmless the Owner and Engineer from
and against all losses and claims, demands, payments, suits, actions,
recoveries and judgements of every nature and description brought or
recovered against him by reason of any oinmission or act of the Contractor,
his agent or employees in the execution of the work or in the guarding of
it. The Contractor shall obtain in the name of the Owner and Engineer and
shall maintain and pay the premiums for 'such insurance in an amount not less
than $100,000.00/$500,000.00 limits, and with such provisions as will
protect the Owner and Engineer from: contingent liability under this.
contract. The cost of this insurance is. not an item whose cost will be
participated in by the Federal Government. Therefore, if required, the
Contractor shall furnish the Owner a cost breakdown.
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Federal Labor Standards Provisions
The Project or Program to which the construction work covered by this
contract pertains is being assisted by the United States of America and the
following Federal Labor Standards Provisions are included in this Contract
pursuant to the provisions'applicable to such Federal assistance.
A. 1(i) Minimum Wages, All laborers and mechanics employed or work-
ing upon the site of the work (or under the United States Housing Act of
1937 or under the Housing Act of 1949 in the construction or development
of the project), will be paid unconditionally and not less often than once a
week, and without subsequent deduction or rebate on any account (except
such payroll deductions as are permitted by regulations issued by the
Secretary of Labor under the Copeland Act (29 CFR Part 3). the full amount
of wages and bona fide fringe benefits (or cash equivalents thereoff due at
time of payment computed at rates not less than those contained in the
wage determination of the Secretary of Labor which is attached hereto and
made a part hereof, regardless of any contractural relationship which may
be alleged to exist between the contractor and such laborers and
mechanics. Contributions made or costs reasonably anticipated for bona
fide fringe benefits under Section 1(b)j2) 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 29 CFR-5.5(a)1Niv); also, regular
contributions made or costs incurred for more than a weekly period (but
not less often than quarterly) under plans, funds, or programs, which cover
the particular weekly period, are deemed to be constructively made or
incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate
and fringe benefits on the -wage determination for the classification of work
actually performed, without regard to skill, except as provided in 29 CFR
Part 5.5(a)(4). Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classifica-
tion for the time actually worked therein: Provided, That the employer's pay-
roll records accurately set forth the time spent in each classification in
which work is performed. The wage determination (including any additional
classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and
the Davis -Bacon poster (WH-1321) shall be posted at all times by the con-
tractor and its subcontractors at the site of the work in a prominent and
accessible place where it can be easily seen by the workers.
(ii) (a) Any class of laborers or mechanics which is not listed in the
wage determination and which is to be employed under the contract shall
be classified in conformance with the wage determination. HUD shall
approve an additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met
(1) The work to be performed by the classification requested is not
performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction
industry; and
(3) The proposed wage rate, including any bona fide fringe bene-
fits, bears a reasonable relationship to the wage rates contained in the
wage determination.
(b) It the contractor and the laborers and mechanics to be employed
in the classification (if known), or their representatives, and HUD or. its
designee agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the action
taken shall be sent by HUD or its designee to the Administrator of the Wage
and Hour Division, Employment Standards Administration, U.S. Department
of Labor. Washington. D.C. 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every additional classifi-
cation action within 30 days of receipt and so advise HUD or its designee
or will notify HUD or its designee within the 30 -day period that additional
time is necessary. (Approved by the Office of Management and Budget
under OMB control number 1215-0140.)
(c) In the event the contractor, the laborers or mechanics to be
employed in the classification or their representatives, and HUD or its
designee do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits, where appropriate),
Previous Edition is Obsolete
U.S. Department ol Housing
and Urban Development
HUD or its designee shall refer the questions, including the views of all
interested parties and the recommendation of HUD or its designee, to the
Administrator for determination. The Administrator, or an authorized repre-
sentative,.will issue a determination within 30 days of receipt and so advise
HUD or its designee or will notify HUD or its designee within the 30 -day
period that additional time is necessary. (Approved by the Office of Man-
agement and Budget under OMB Control Number 1215-0140.)
(d), The wage rate (including fringe benefits where appropriate)
determined pursuant to subparagraphs (1 qb) or (c) of this paragraph, shall
be paid td all workers performing work in the classification under this con-
tract from;the first day on which work is performed in the classification.
(ill) Whenever the minimum wage rate prescribed in the contract for a
class of laborers or mechanics includes a fringe benefit which is not
expressed as an hourly rate, the contractor shall either pay the benefit as
stated in the wage determination or shall pay another bona fide fringe
benefit or'an hourly cash equivalent thereof.
(iv) lithe contractor does not make payments to a trustee or other third
person, the contractor may consider as part of the wages of any laborer c
mechanic the amount of any costs reasonably anticipated in providing
bona fide fringe benefits under a plan or program. Provided. That 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.
(Approved by the Office of Management and Budget under OMB Control
Number 1215-0140.)
2. Withholding. HUD or its designee shall upon its own action or upon
written request of an authorized representative of the Department of Labor
withhold or cause to be withheld from the contractor under this contract or
any other. Federal contract with the same prime contractor, or any other
Federally -assisted contract subject to Davis -Bacon prevailing wage
requirements, which is held by the same prime contractor so much of the
accrued payments or advances as may be considered necessary to pay
laborers and mechanics, including apprentices, trainees and helpers,
employed by the contractor or any subcontractor the full amount of wages
required by the contract In the event of failure to pay any laborer or
mechanic, including any apprentice, trainee or helper, employed or working
on the site of the work (or under the United States Housing Act of 1937 or
under the, Housing Act of 1949 in the construction or development of the
project), all or part of the wages required by the contract, HUD or its desig-
nee may, after written notice to the contractor, sponsor, applicant, or owner.
take such action as may be necessary to cause the suspension of any
further payment advance, or guarantee of funds until such violations have
ceased. HUD or its designee may, after written notice to the contractor, dis-
burse such amounts withheld for and on account of the contractor or sub-
contractor to the respective employees to whom they are due. The Comp-
troller General shall make such disbursements in the case of direct
Davis -Bacon Act contracts.
3. (p Payrolls and basic records. Payrolls and basic records relating
thereto shall be maintained by the contractor during the course of the work
preserved for a period of three years thereafter for all laborers and
mechanics working at the site of the work (or under the United States
Housing Act of 1937. or under the Housing Act of 1949, in the construction
or development of the project). Such records shall contain the name,
address, and social security number of each such worker, his or her cor-
rect classification, hourly rates of wages paid (including rates of contribu-
tions or costs anticipated for bona fide fringe benefits or cash equivalents
thereof of the types described in Section 1(b)(2)(B) of the Davis -bacon Act).
daily and.weekly number of hours worked, deductions made and actual
wages paid. Whenever the Secretary of Labor ha's found under 29 CFR 5.5
(a)(1)(iv) that the wages of any laborer or mechanic include the amount of
any costs reasonably anticipated in providing benefits under a plan or pro-
gram described in Section 1(b)(2)(B) of the Davis -Bacon Act the contractor
shall maintain records which show that the commitment to provide such
HUD -4010 (2-84)
IHB 1344.1)
I
benefits is enforceable. that the plan or program is financially responsible.
and that the plan or program has been communicated r writing to the
laborers or mechanics affected, arc records which show the costs antici-
pated a the actual cost incurred in providing such benefits Contractors
employing apprentices or trainees under approved programs snail maintain
written evidence of the registration of apprenticeship programs and certifi-
cation of trainee programs. the registration of the apprentices and trainees,
and the ratios and wage rates prescribed in the applicable programs
(Approved by the Office of Managemerl and Budget under OMB Control
Numbers 1215-0140 and 1215-0017.)
(II) (a) The contractor s,'rarl submit weekly for each week in which any
contract work .s performed a copy of al Payrolls to HUD or its designee I
the agency is a party to the contract but d the agency s not such a party.
the contractor wif submit the payrolls to the appfrcant, sponsor, or owner,
as the case may be, for transmission to HUD or its designee The payrolls
submitted shall set out accurately and completely al of the information
required to Pe maintained under 29 CFR Par, 5 S(all3j(r) This information
may be submitted in any form desired. Optional Form WH-347 is available
for this purpose and may be PLrChased from the Superintendenl of Docu-
ments (Feoeral Stock Number 029-005-0001 4-1), US Government Pr,ntng
Office. Washington. DC 20402 The prime contractor $ responsible tot the
submission of copies of payrolls by all subcontractors (Approves by the
Office of Management and Budges under OMB Control Number
1215-0149)
(b) Each payroll submitted shad be accompanied by a "Statement of
Cofnpnance,' signed by the contractor or subcontractor of his or her agent
who pays or supervises the payment of the persons employed under the
contract and seal cernly the following:
11) That the pay -oil tot the payroll period contains the information
required to be maintained under 29 CFR Part 5 5 la)(3ki) and that such
in'ormahon S correct and con,ciete.
(2) Thal each aborer or mechanic pncluding each helper.
apprentice and trainee: emcoyed on the contract during the payroll period
has been paid the full weekly wages earned, without rebate, either directly
or ndirecty, and that no deductions rave beer mace either directly or ,di -
redly from the full wages earned Darer man permissable cecuchons as set
forth n 29 CFR Part 3.
(3) Thai each .aboter or mechanic has beer Pac not ess than the
appl cable wage rates and range benefits or cash equivalents for the cas-
sicatior of work performed. as specified in the applicao a wage delermira-
lion incorporated rift the contract
(c) The weekly submissior 0t a properly executed cemf Caron set
form or the reverse side of Optional Form WH-34' shall satisfy the
requverre^t for submission of the "Statement of Complarce' required by
paragraph A 311Itb) of th s section.
(d) The falsification of any of the above certifications may subect the
contractor or suoco^tractor to civ I Cr cnm nal prosecution Lrder Section
1001 of'iee 1b and Section 231 01 Tine 31 01 the United States Code
(iji) The cc^tractor or subcontractor shall Hake the records required
under pafagrapn A 2 (n cf this sector available for inspection. copying. or
banscnption by authorized recresentatives of HUD or its designee or the
Departrnent of Labor and snit I permit such represertatves to interview
employees during work.ng nours on the,ob. :f the Contractor or subcon-
tractor 'ails to submit the required records or to make then available, HUD
or is designee may, after car tier notice to the contractor. sponsor, appli-
cant or owner axe such acton as may be recessary to cause the sus-
pension of ary turtrer payment advance, or guarantee of tunds Further-
more, lailure to subm t the required records upon request or to make suer
records ava lable may be grounds for debarment action pursuant to 29
CFR Part5 12
4. (1) Apprentices and Trainees Apprentices. Apprentices WI I be per -
milted to work at ess than the predetermined rate for the work they per-
'ormed when they are employed pu'suanl to and individually registered in a
bra hoe apprenticeship program registered with the JS Departmert ol
abor. Employment and Training Administration Bureau Of Apprencceshic
and Training, or with a State Apprenticeship Agency recognized by the
Bureau, or it a Person is employe: i^ his or her first 9C days 01 orobatonary
employment as an apprentice in such an apprenticeship program, who is
not ndividually registerec:r me program. but who has beer certified by tire
Bureau o' Apprenticeship and Training or a State Aperemicesrrp Agency
i where app f Comte) to be el gible to, probatonary emoloymenl as an
apprentice. The allowable ratio of apprentices to journeymen on the job site
it any craft classification steal not be greater than the ratio permitted to the
contactor as to the entire work force under are registered program Any
worker listed on a payroll al an apprertice wage 'ate who is "DI registerec
or otherwise employed as stated above, srall be paid not less thar the
an cable wage rate on the wage determmatior• for the c assrl cation of
wont actually performed In addition, any apprentice oerlc'ming work on
the,ob site in excess cf the rate permitted urCer the registered program
shall be paid not less than the applicable wage rate on the wage determ -
ration for the work actually performed Where a contractor is pedprmmg
construction on a project in a locality dine' than ma: r vin ch is program is
reg stered. the ratos and wage rates (expressed r percentages 01 the rour-
neymgr's hourly rate) specrhed in the contractors or sLbconl•acicr s regrs.
tered program shall be observed Every apprentice must be pars at n0,
less than the rate specified r the registered program for the apprertice s
leve of progress expressed as a percentage of the journeymen hourly :ate
specified in the applicable wage determination Apprertices shat be paid
fringe benefits in accordance with the provisors ol the apprentices?' p
program H the apprenticeship program does not spent' Inrge benefits.
apprentices must be paid the to I amount of hinge berefits Irsled on the
wage determination for the applicable dassfication It She Acnrnstrator
determines ma: a different practice preva s for the applicac e apprentice
classlticaton, fringes shall be paid n accordance with That determ naticr r
the even) the Bureau ct Apprenticeship and Training. Cr a State Apprer-
tceshlc Agency iecognaed by the Bureau. wrtrCraws approval cf a^
apprenticeship program the contractoi will no ;anger be perm ttec to utilize
apprentces at fens than the applicable predetermined rate 'or the wcn
performed until an acceptable program cs aoprovec
(9) Trainees. Excect as provided in 29 CFR 515, trainees w•11 not be
perm tied to work at ess than the a'edetermned l ate to, the work De.'-
tormed unless they are employed cLrsuanl to and i"c i idually registered r
a program which has received prior approva, evidenced by 'ormal certi'i-
caton by the U S Department of tabor, Employment and Training Adm-ni-
straton The ratio of trainees to Icurneymer Cl the lob site snal no, be
greater than permitted under the clan acprovec by the Empitymert and
Training Administration Every trainee must be paid at ^ot less than the rate
specified r the approved program for the trainees evel of P,ogress.
expressed as a percentage or rte IC.dreymar ncurly rate spec tied in the
apo ,cable wage determination Trainees shat, be paid fr inge berel Is r
accordance wrm tire provisions of the trainee Bmcgram 11 the (ranee pr0-
grarn does -ot mention fringe benefits.'rainees sr.atl be pad the'oil
amount of Inrge bene'rts listed on the wage determination air leas le
Adm nistrator of the Wage arc Hour C' s•or determines that Irene 'San
aperenticesrrp program associated with the Ccr'espond rq oulney-ran
wage rate on the wage determination which provides Icr less tha^ Ili
fringe benefits Icr apprenl ices. Any emplc}ee listed on the natiro, al a
trainee rate who is rot registerec and panic pati^g r a failing p 3^
approved by Ire Employment arc Trairing Admirisl'avon sra I be paid nor
ess than the applicable wage rate on the wage cete,m ration Icr The work
actually performed In addition, ary trance performing work on me job s to
n excess of the ratio perm tied under the reg stereo program shall be card
rot less than the applicac e wage rate or fre wage determ nation 'ot the
work actually perlcrmed, In the event the Employment and Train no Adm r
,titration withdraws aptrcval of a tra ring program Ine eonrrac:or will no
longer be perm Dec to utlize trainees at less iha^ ire applicable predeter-
mined rate for the work pencrmed urtri an acceptable program is
approved
('ii) Equal employment opportunity T"e ul hzator o' aac'entices
trainees and journeymen under this pan shill be it conlormirr with le
aduai empldymert opportun ty requirements cf Executive Ore' 11246, as
amended, and 29 CFR Pail 30
5. Compliance with Copeland Act requirements be contractor shat
comply wit the •equ cements of 29 CFR Part 2 wnc' are.rcorporalea by
reference it this contract
6. Subcontracts. The cc^tractor cn subconlrac-or w 11 insert in ary s..b-
cortracts the clauses contairec i^ 29 CFR 55fa"1r th-odgh i10j arc such
other clauses as 1 -LC or 'ts desig^ee may by appropriate instructions
require a -c also a clajse requiring the subcdrtracto's to nclude these
clauses r any lower ter sLbcontracls. The pr rte contractor shall be
resocrsitle'0r the cemplia"ice by any subcontractor tr lcwer her subton
lracicr withal the cortracl clauses in 29 CFR Part 55
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7. Contracte termination; debarment. A breach of the contract clauses in
29 CFR 5.5 may be grounds for termination of the contract and for debar-
ment as a contractor and a subcontractor as provided in 29 CFA 5.12.
8. Compliance with Davis -Bacon and Related Act Requirements. All rul-
ings and interpretations of the Davis -Bacon and Related Acts contained in
29 CFR Parts 1. 3, and 5 are herein incorporated by reference in this
contract.
9. Disputes concerning labor standards. Disputes arising out of the labor
standards provisions of this contract shall not be subject to the general
disputes clause of this contract. Such disputes shall be resolved in accor-
dance with the procedures of the Department of Labor set forth in 29 CFR
Parts 5, 6. and 7. Disputes within the meaning of this clause include dis-
putes between the contractor (or any of its subcontractors) and HUD or its
designee, the U.S. Department of tabor, or the employees or their
representatives.
10. (1) Certification of Eligibility. By entering into this contract the con-
tractor certifies that neither it (nor he or she) nor any person or firm who
has an interest in the contractor's firm is a person or firm ineligible to be
awarded Government contracts by virtue of Section 3(a) of the Davis-
Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or partici-
pate in HUD programs pursuant to 24 CFR Part 24.
(ii) No part of this contract shall be subcontracted to any person or firm
ineligible for award of a Government contract by virtue of Section 3(a) of
the Davis -Bacon Actor 29 CFR 5,12(a)(1) or to be awarded HUD contracts
or participate in HUD programs pursuant to 24 CFR Part 24.
(iii) The penalty for making false statements is prescribed in the U.S.
Criminal Code, 18 U.S.C. 1001. Additionally. U.S. Crimnal Code, Section
1010, Title 18. U.S.C., "Federal Housing Administration transactions", pro-
vides in part: "Whoever, for the purpose 01...influencing in any way the
action of such Administration... makes. utters or publishes any statement
knowing the same to be false... shall be lined not more than $5,000 or
imprisoned not more than two years. or both."
11. Complaints, Proceedings, or Testimony by Employees. No laborer or
mechanic to whom the wage, salary, or other labor standards provisions of
this Contract are applicable shall be discharged or in any other manner
discriminated against by the Contractor or any subcontractor because such
employee has filed any complaint or instituted or caused to be instituted
any proceeding or has testified or is about to testify in any proceeding
under or relating to the labor standards applicable under this Contract to
his employer.
B Contract Work Hours and Safety Standards Act. As used in this para-
graph. the terms "laborers" and "mechanics" include watchmen and
guards.
(1) Overtime requirements. No contractor or subcontractor contracting
for any part of the contract work which may require or involve the employ-
ment of laborers or mechanics shall require or permit any such laborer or
mechanic in any workweek in which he or she is employed on such work
to work in excess of forty
hours in such workweek unless such laborer or mechanic receives com-
pensation at a rate not less than one and one-half times the basic rate of
pay for all hours worked in excess of
forty hours in such workweek,
(2) Violation; liability for unpaid wages; liquidated damages. In the
event of any violation of the clause set forth in subparagraph (1) of this
paragraph. the contractor and any subcontractor responsible therefor shall
be liable for the unpaid wages. In addition, such contractor and subcon-
tractor shall be liable to the United States (in the case of work done under
contract for the District of Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated damages shall be com-
puted with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in sub-
paragraph (1) of this paragraph, in the sum of $10 for each calendar day on
which such individual was required or permitted to work in excess of
the standard workweek of forty hours without pay-
ment of the overtime wages required by the clause set forth in subpara-
graph (1) of this paragraph.
(3) Withholding for unpaid wages and liquidated damages. HUD or its
designee shall upon its own action or upon written request of an autho-
rized representative of the Department of Labor withhold or cause to be
withheld, Irom any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any other Federal
contract with the same prime contract or any other Federally -assisted con-
tract subject to the Contract Work Hours and Safety Standards Act which
is held by the same prime contractor such sums as may be determined to
be necessary to satisfy any liabilities of such contractor or subcontractor
for unpaid wages and liquidated damages as provided in the clause set
forth in subparagraph (2) of this paragraph.
(4) Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clauses set forth in subparagraph (1) through (4) of this
paragraph and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be
responsible for compliance by any subcontractor or lower tier subcontrac-
tor with the clauses set forth in subparagraphs (1) through (4) of this
paragraph.;
C. Health and Safety
(1) No laborer or mechanic shall be required to work in surroundings
or under working conditions which are unsanitary, hazardous, or danger-
ous to his health and safety as determined under construction safety and
health standards promulgated by the Secretary of Labor by regulation.
(2) The Contractor shall comply with all regulations issued by the
Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and
failure to comply may result in imposition of sanctions pursuant to the Con-
tract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat 96).
(3) The Contractor shall include the provisions of this Article in every
subcontract so that such provisions will be binding on each subcontractor.
The Contractor shall take such action with respect to any subcontract as
the Secretary of Housing and Urban Development or the Secretary of Labor
shall direct as a means of enforcing such provisions
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HUD -4010 (2-84)
ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS
ISO-CALLED "ANTI -KICKBACK ACT" AND REGULATIONS PROMULGATED
PURSUANT THERETO BY THE SECRETARY OF LABOR
'UNITED STATES DEPARTMENT OF LABOR
TITLE 18, U.S.C., Section 874
' (Replaces Section 1 of the Act of June 13, 1934 (48 Stat. 948, 40 U.S.C.,
Sec. 276B) pursuant to the Act of June 25, 1948, 62 Stat. 862)
(
KICKBACKS FROM PUBLIC WORKS EMPLOYEES
Whoever, by force, intimidation, or threat of procuring dismissal from
employment, or by any other manner whatsoever induces any person employed in
the construction, prosecution, completion o'r repair of any public building,
public work, or building or work financed in whole or in part by loans or
grants from the United States, to give up any part of the compensation to which
he is entitled under his contract of employment, shall be fined not more than
$5,000.00 or imprisoned not more than five years, or both.
'SECTION 2 OF THE ACT OF JUNE 13, 1934, AS AMENDED
(48 Stat. 948, 62 Stat. 862, 63 Stat. 108,.72 Stat. 967, 40 U.S.C., Sec. 276c)
'The Secretary of Labor shall make reasonable regulations for contractors
and subcontractors engaged in the construction,. prosecution, completion or
repair of public buildings, public works, or buildings or works financed in
whole or in part by loans or grants from the United States, including a
' provision that each contractor and subcontractor shall furnish weekly a
statement with respect to the wages paid each employee during the preceding
week. Section 1001 of Title 18 (United States Code) shall apply to such
statements.
1 Pursuant to the aforesaid Anti -Kickback Act, the Secretary of Labor,
United States Department of Labor, has promulgated the regulations hereinafter
set forth, which regulations are found in Title 29, Subtitle A, Code of Federal
' Regulations, Part 3. The term "this part," as used in the regulations
hereinafter set forth, refers to Part 3 last above mentioned. Said regulations
are as follows:
' TITLE 29 - LABOR
I.
Subtitle A - Office of the, Secretary of Labor
PART 3 - CONTRACTORS AND SUBCONTRACTORS ON, PUBLIC BUILDING OR PUBLIC WORK
FINANCED IN WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES
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' HUD 4238-S(R)
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Section 3.1 Purpose and scope.
This part prescribes "anti -kickback" regulations under Section 2 of the
Act of June 13, 1934, as amended (40 U.S.C. 276C), popularly known as the
Copeland Act. This. part applies to any contract which is subject to Federal
wage standards and which is for the construction, prosecution, completion,
completion, or repair of public buildings, public works, or buildings or works
financed in whole or in part by loans or grants from the United States. That
part is intended to aid in the enforcement 'of the minimum wage provisions of
the Davis -Bacon Act and the various statutes dealing with. Federally -assisted
construction that contain similar minimum ' wage provisions, including those
provisions which are not subject to Reorganization Plan No. 14 (e.g., the
College Housing Act of 1950, the Federal Water Pollution Control Act, and the
Housing Act of 1959), and in the enforcement of the overtime provisions of the
Contract Work Hours Standards Act whenever •they are applicable to construction
work. The part details the obligation of contractors and subcontractors
relative to the weekly submission of statements regarding the wage paid on work
covered thereby; sets forth the circumstances and procedures governing the
making of payroll deductions 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" generally include construction
activity as distinguished from manufacturing, furnishing of materials, or
servicing and maintenance work. The terms include, without limitations,
buildings, structures, andimprovements of all types, such as bridges, dams,
plants, highways, parkways, streets, subways, tunnels, sewers, mains,
powerlines, pumping stations, railways, airports, terminals, docks, piers,
wharves, ways, lighthouses, buoys, jetties,• breakwaters, levees, and canals;
dredging, shoring, scaffolding, drilling, blasting, excavating, clearing, and
landscaping. Unless conducted in connection with and at the site of such a
building or work as is described in the foregoing sentence, the manufacture or
furnishing of materials, articles, supplies;, or equipment (whether or not a
Federal or State agency acquires title to such materials, articles, supplies,
or equipment during the course of the manufacture or furnishing, or owns the
materials from which they are manufactured or furnished) is not a "building" or
"work" within the meaning of the regulations in this part.
(b) The terms "construction," "prosecution," "completion," or "repair"
mean all' types of work done on a particular building or work at the site
thereof, including, without limitations, altering, remodeling, painting and
decorating, the transporting of materials and supplies to or from the building
or work by the employees of the construction contractor or construction
subcontractor, and the manufacturing or furnishing of materials, articles,
supplies, or equipment on the site of the building or work, by persons,
employed at the site by the contractor or subcontractor.
(c) The terms "public building" or "public work" include building or work
for whose construction, prosecution, completion, or repair, as defined above, a
Federal agency is a contracting party, regardless of whether title thereof is
in a Federal agency.
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(d) The term "building or work financed in whole or in part by loans or
grants from the United States" includes building or work for whose
construction, prosecution, completion, or repair, as defined above, payment or
part payment is made directly or indirectly from funds provided by loans or
' grants by a Federal agency. The term does'not include building or work for
which Federal assistance is limited solely to loan guarantees or insurance.
' (e) Every person paid by a contractor or subcontractor in any manner for
his labor in the construction, prosecution; completion, or repair of a public
building or public work or building or work financed in whole or in part by
loans or grants from the United States in. "employed" and receiving "wages"
'
regardless of any contractual relationship alleged to exist between him and the
real employer.
I. (f) The term "any affiliated person" includes a spouse, child, parent, or
close relative of the contractor or subcontractor; a partner or officer of the
contractor or subcontractor; a corporation closely connected with the
' contractor or subcontractor as parent, subsidiary or otherwise, and an officer
or agent of such corporation.
(g) The term "Federal agency" means the United States, the District of
Columbia, and all executive departments, independent establishments,
administrative agencies, and instrumentalities of the United States and of the
District of Columbia, including corporations, all or substantially all of the
' stock of which is beneficially owned by the United States, by the District of
Columbia, or any of the foregoing departments, establishments, agencies, and
instrumentalities.
' Section 3.3 Weekly statement with respect to payment of wages.
(a) As used in this section, the term "employee" shall not apply to
t persons in classifications higher than that of laborer or mechanic and those
who are the immediate supervisors of such employees.
'(b) Each contractor or subcontractor engaged in the construction,-
prosecution, completion, or repair of any public building or public work, or
building or work financed in whole or in part by loans or grants from the
' United States, shall furnish each week a statement with respect to the wages
paid each of its employees engaged on work covered by 29 CFR Parts 3 and 5
during the preceding weekly payroll period. This statement shall be executed
by the contractor or subcontractor or by an authorized officer or employee of
' the contractor or subcontractor who supervises the payment of wages, and shall
be on form WH 348, "Statement of Compliance," or on an identical form on the
back of WH 31,7, "Payroll (For Contractor's. Optional Use)," or on any form with
' identical wording. Sample copies of WH 317 and WH 348 may be obtained from the
Government contracting or sponsoring agency, and copies of these forms may be
purchased at the Government Printing Office.
' (c) The requirements of this section ?shall not apply to any contract of
$2,000:00 or less.
'(d) Upon a written finding by the head of a Federal agency, the Secretary
of Labor may provide reasonable limitations, variations, tolerances, and
exemptions from the requirements of this section subject to such conditions as
the Secretary of Labor may specify.
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(a) Any deduction made in compliance with the requirements of Federal,
' State, or local law, such as Federal or State withholding income taxes and.
Federal social security taxes.
(b) Any deduction of sums previously paid to the employee as a bona fide
'
prepayment of wages when such prepayment is made without discount or interest.
A "bona fide prepayment of wages" is considered to have been made only when
cash or its equivalent has been advanced to the person employed in such a
' manner as to give him complete freedom of disposition of the advanced funds.
(c) Any deduction of amounts required by court process to be paid to
' another, unless the deduction is'in favor of the contractor, subcontractor, or
any affiliated person, or when collusion orcollaboration exists.
(29 F.R. 95, Jan. 4, 1964, as amended at 33 F.R. 10186, July 17, 1968)
Section 3.4 Submission of weekly statements and the preservation and
inspection of weekly payroll r.ecords.
(a) Each weekly statement required under above section 3.3 shall be
delivered by the contractor or subcontractor, within seven days after the
regular payment date of the payroll period,' to a representative of a Federal or
State agency in charge at the site of the building or work, or, if there is no
representative of a Federal or State agency at the site of the building or
work, the statement shall be mailed by the contractor or subcontractor, within
such time, to a Federal or State agency contracting for or financing the
building or work. After such examination and check as may be made, such
statement, or a copy thereof, shall be kept available, or shall be transmitted
together with a report of any violation, in accordance with applicable
procedures prescribed by the United States Department of Labor.
(b) Each contractor or subcontractor shall preserve his weekly payroll
records for a period of three years from date of completion of the contract.
The payroll records shall set out accurately and completely the name and
address of each laborer and mechanic, his correct classification, rate of pay,
daily and weekly number of hours worked, deductions made, and actual wages
paid. Such payroll records shall be made available at all times for inspection
by the contracting officer or his authorized representative, and by authorized
representatives of the Department of Labor.:
Section 3.5 Payroll deductions permissable without application to or
approval of the Secretary of Labor.
Deductions made under the circumstanses or in the situations described •in
the paragraphs of this section may be made without application to and approval
of the Secretary of Labor:
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(d) Any deduction constituting a contribution on behalf of the person
' employed to funds established by the employer or representatives of employees,
or both, for the purpose of providing either from principal or income, or both,
medical or hospital care, pensions or annuities on retirement, death benefits,
' compensation for injuries, illness, accidents, sickness, or disability, or for
insurance to provide any of the foregoing, or unemployment benefits, vacation
pay, savings accounts, or similar payments for the benefit of employees, their
families and dependents: PROVIDED, HOWEVER, that the following standards are
'• met: (1) The deduction is not otherwise prohibited by law; (2) it is either:
(i) Voluntarily consented to by the employee in writing and in advance of the
period in which the work is to be done and such consent is not a condition
' either for the obtaining of or for the continuation of employment, or (ii)
provided for in a bona fide collective • bargaining agreement between the
contractor or subcontractor and representatives of its employees; (3) no profit
' or other benefit is otherwise obtained, directly or indirectly, by. the
contractor or subcontractor or any affiliated person in the form of a
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 employee to enable him to repay loans
or to purchase shares in credit unions organized and operated in accordance
with Federal and State credit union statutes.
(g), Any deduction voluntarily authorized by the employee for the making
of contributions to governmental or quasi -governmental agencies, such as the
American Red Cross.
'
(h) Any deduction voluntarily authorized by the employee for the making
' of contributions to Community Chests, ,United Givers Funds, and similar
charitable organizations.
(i) Any deductions to pay regular union initiation fees and membership,
' dues, not including fines or special assessments; PROVIDED, HOWEVER, that a
collective bargaining agreement between the contractor or subcontractor and
representatives of its employees provides for such deductions and the
' deductions are not otherwise prohibited by law.
(j) Any deduction not more than for the "reasonable cost" of room and
' board, lodging, or other facilities meeting the requirements of section 3(m) of
the Fair Labor Standards Act of 1938, as amended, and Part 531 of this title.
When such a deduction is made, the additional records required under section
516.27(a) of this title shall be kept.
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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 permitted under section 3.5. The
'Secretary may grant permission whenever he finds that:
(a) The contractor, subcontractor, or any affiliated person does not make
' a profit or benefit directly or indirectly from the deduction either in the
form of commission, dividend, or otherwise;
' (b) The deduction is not otherwise prohibited by law;
(c) The deduction is either (1) voluntarily consented to by the employee
in writing and in advance of the period in.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 serves the convenience and interest of the employee.
' Section 3.7 Applications for the approval of the Secretary of Labor
Any application for the making of payroll deductions under section 3.6
' shall comply with the requirements prescribed in the following paragraphs of
this section:
' (a) The application shall be in writing and shall be addressed to the
Secretary of Labor.
• (b) The application shall identify the contract or contracts under which
' the work in question is to be performed. Permission will be given for
deductions only on specific, identified contracts, except upon a showing of
exceptional circumstances.
' (c) The application shall state affirmatively that there is compliance
with the standards set forth in the provisions of section 3.6. The affirmation
' shall be accompanied by a full statement of the facts indicating such
compliance.
(d) The application shall include a description of the proposed
'
deduction, the purpose to be served thereby, and the classes of laborers or
mechanics from whose wages the proposed deduction would be made.
'(e) The application shall state the name and business of any third person
to whom any funds obtained from the proposed deductions are to be transmitted
and the affiliation of such person, if any,• with the applicant.
' Section 3.8 Action by the Secretary of Labor upon applications
• The Secretary of Labor shall decide whether or not the requested deduction
' is permissible under provisions of section 3.6; and shall notify the applicant
in writing of his decision.
' Section 3.9 Prohibited payroll deductions;
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Deductions not elsewhere provided for by this part and which are not found
to be permissible under section 3.6 are prohibited.
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Section 3.10 Methods of payment of wages
The payment of wages shall be by cash; negotiable instruments payable on
demand, or the additional forms of compensation for which deductions are
permissible under this part. No other methods of payment shall be recognized
on work subject to the Copeland Act.
Section 3.11 Regulations part of contract•
All contracts made with. respect to the construction, prosecution,
completion, or repair of any public building or public work, or building or
work financed in whole or in part by loans:or grants from the United States
covered by the regulations in this part shall expressly bind the contractor or
subcontractor to comply with such of the regulations in this part as may be
applicable. In this regard, section 5.5(a) of this subtitle.
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LLS. Department of Labor
GENERAL DECISION NO. AR90-7
Supersedes General Wage Decision No.;AR89-7
State: ;ARKANSAS
county(ies): Statewide
Construction
Type: Water, Sewer Lines, Streets, Runways & Highway
{
Construction -
Description: Construction, alteration, and/or repair of streets,
highways, runways and water & sewer utilities, (but does
not include structures on highway rest areas).
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Modification Record:
No. Publication Date Page No.(s)
1 Feb. 2, 1990 - 14b -14c
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AR90-7
BRICKLAYERS
CARPENTERS
CONCRETE FINISHERS
ELECTRICIANS
IRONWORKERS:
Structural
.Reinforcing
LABORERS:
Air Tool Operator
Asphalt heater operator
Asphalt raker
Carpenter Helper
Chain saw Operator
Checker grade
Concrete finisher helper
Concrete joint sealer
Concrete saw operator
Formsetter
Laborer
Pipelayer
Powderman
Vibratorman
PAINTER
PILE DRIVER LEADMAN
POWER EQUIPMENT OPERATORS:
Aggregate spreader oper.
Asphalt plant fireman
Asphalt plantdrier oper.
Batch plant oper.
Bulldozer Operators:
Finish
Rough
Bull float operator
Concrete curing machine operator I
Concrete mixer operator:
Less than 5 sacks
5 sacks and over
Backhoe op, - rubber tired (1 yard or
less) t
Cherry picker operator
Concrete paver operator i
Concrete spreader oper.
Crane, derrick, dragline, shovel,
backhoe, opers.:
1-1/2 yards or less
over 1-1/2 yards
Crusher Operator
Distributor operator
Drill Operator wagon or truck)
Elevating grader oper..
Euclid or like equipment operator'
(bottom or end dump)
Finishing machine oper.
Flagger
Basic
Hourly
Rates
7.20
7.20
7,20
8.75
6.30
5.45
5.15
5.15
5.85
5.15
5.15
5.45
5,1.5
5.15
5.15
5.45
3.90
5.45
6.40
5.15
6.20
6.20
5.80
4.85
4.85
5.80
6.90
5.65
5.65
5.65
5.15
6.20
6.10
6.10
6.70
6.70
6.70
7.20
5.65
5.65
5.65
6.70
5.25
6.10
3.90
Fringe
Benefits
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14b (Feb. 2, 1990)
U.S. Department of. Labor
AR90-7
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Forklift operator
Form grader operator
Front end loader oper.:
Finish
Rough
Hydro seeder operator
• Mechanic
Mechanic Helper
Motor patrol operator:
Finish
Rough -
Mulching machine oper.
Oiler and greaser
Pile driver operator
Power broom operator
Pug Mill Operator
Roller operator (self propelled)
Scraper operator:
Finish
Rough
Sod slicing machine op.
Stabilizer mixing machine operator
Tractor operator ,(crawler type)
Tractor operator (farm and wheel):
Tractor operator wheel type (with'
attachments I yd. or under),
Trenching machine oper.
STONEMASONS
— TRUCK DRIVERS:
Distributor truck driver
Semi -trailer
Lowboy driver
Transit mix truck driver
• Truck driver (heavy -maximum pay
load in excess of 3,000 lbs.)
Truck driver (light -maximum pay
• load 3,000 lbs.)
Well drillers
5.05
5.05
6.70
5.65
5.15
6.90
5.25
6.90
5.65
5.15
5.45
6.20
5.15
5.15
5.25
6.90
5.65
4.95
5.65
5.15
5.15
5.55
5.55
7.20
5.45
5.45
5.65
5.45
b1f►0
4.85
6.90
WELDERS: Receive rate prescribed for craft performing operation to
which welding is incidental.
Unlisted classifications needed for work not included within the
scope of the classifications listed; may be added after award only as
provided in the labor standards contract clauses (29 CFR1 5.5 (a) (1)
(ii)). -
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Vol.11
14c (Feb. ;2, 1990)