HomeMy WebLinkAbout27-94 RESOLUTIONRESOLU'T1ON NO. 27-94
A RESOI4L'IION AWARDING BID NO. 94-2 AND
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A CONTRACT WITH SS1. INC., IN THE AMOUNT
01' $63,000. PLUS A 5% CONTINGENCY OF $3,150, TO
BUILD RESTR(X)MS AT FINGER PARK: AUT13ORIZING 1 HE.
COMPLETION OF A HARD SURFACE PATH AND TO RUN
ELECTRIC:A1. SERVICE TO THE RES.ROOMS IN THE
AMOUNT OF $880; AND APPROVAL OF A BUDGET
ADJUSTMENT IN THE AMOUNT OF $11,734.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Council hereby awards Bid No. 94 2 and authorizes the Mayor
and City Clerk to execute a contract with SSI, Inc., in the amount of $63,000. plus a 5%
contingency of $3,150 to build restnxoms at Walker and Gulley Parks. A copy of the contract
is attached hereto marked Exhibit "A" and made a part hereof.
Section 2. The Council also approves the amount of $880 to complete a hard surface
path and run electrical service to the restnxnns so that the City may he in compliance with the
new ADA regulations.
Section 3. The Council hereby approves a budget adjustment in the amount of $11,734
increasing Parks & Recreation, Acct. No. 2180 4990 5390 06, by decreasing Use of Fund
Balance, Acct. No. 2180 0918 4999 99. A copy of the budget adjustment is attached hereto and
made a part hereof.
PASSED AND APPROVED this 15th day of February 1994.
A rrEST:
By:_ v.
Sherry L. Thomas, City Clerk
APPROVED:
By: /
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1-.4.-• .< ). PJ ,r ..
Fred Hanna. Mayor
City of Fayetteville, Arkansas
Budget Adjostraent Pore
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Budget Year
Department: Ackkti stiafto# S&QuyctS.
Division: C01444.4",
Program: c644W+ bcojept.e,.k
Date Requested
Adjustment*
Project or Item Requested:
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Project or Item Deleted:
E)3, cv1U be S[ aeccl 6.4.c2.
Instil -Nation of this Ineroase:I \ 1 _ Justification of this Decrease: ' i r�
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Account Name
Account Name
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Amount
Amount
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Increase
Account Number
Project Number
t tb 'J99.o _Seto o�
Decrease
Account Number
-LIRE) o4IFS cl99`1 g9
Project Number
Approval Signatures
lit 7 /cbL
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Department F i ector
Admin. Services Di
Mayor
Budget Office Use Only
Type: A
B C
Date of Approval
Posted to General Ledger
Entered in Category Log
F
Budget Office Copy
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CITY OF FAYETTEVILLE
COMMUNITY DEVELOPMENT DIVISION
CONTRACT DOCUMENTS
TABLE OF CONTENTS
PART A
Advertisement for Bids 1
Irfornation for Bidders 2
Bid for Lump Sun Contracts 11
Bid Bond 13
PART B
Contractor Certification -Equal Employment opportunity 15
Contractor Certification -Labor Standards 16
Subcontractor Certification -Equal Employment Opportunity18
Subcontractor Certification -Labor Standards 19
Certificate of Owrers's Attorney 21
PART C
Index of General Conditions 22
Contract 24
General Conditions 26
Supplemental General Conditions 51
Federal Labor Standards Provisions 59
Wage Decision 62
PART D
Drawings, Plans Specifications 64
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Bid No.
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ADVERTISEMENT FOR BIDS
OWNER: CITY OF FAYETTEVILLE, ARKANSAS
One sealed bid fcr . _a, er °ark ?es*r^on Fait
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!CD 4238-A (5-66)
(Rev. 9-89)
will be received by:
City of Fayetteville
Purchasing Department Office, Room 306
City Administration Building
:13 W. Mountain
Fayetteville, Arkansas
until: 2::5 o'clock (A.M. P.M. XXX ) %nnday. Tannaiy 17 ,
19 94 , and then publicly opened and read aloud in Room 306 of
the City Administration Building.
The In.f_ormation. 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 obtained at:
City of Fayetteville Community Development Office
or
City of Fayetteville Purchasing Office
The Owner reserves the right to waive any informalities or to
reject any or all bids.
Each bidder :oust deposit with his bid, security in the amount,
form, and subject tc 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.
Community Development Block Grant Funds have been allocated for
this protect which is to constitute some cr all funding for this
project.
No Bidder nay withdraw his bid within 30 days after the actual date
of the opening thereof.
THE CITY OF FAYETTEVILLE IS AN EQUAL OPPORTUNITY EMPLOYER
i
Date:
By:
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U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
HUD 4238—B(R'
INFORMATION FOR BIDDERS
I RECEIPT AND OPENING OF BTDS
The Cit. of Fave -,ail:_ (herein called the CWNER; ,
invites bid on the form attached hereon, all blanks of
which must be appropriately filled in. Bids will be
received by the OWNER at the Purchasing Office of the
City of Fayetteville, Room 105 , until 7•'S
atNWp.m. uonday. Tanuary 17 , :9 a» and then be
publicly opened and read aloud in Room 1Ca, of the
City Administration. Building. The envelopes containing
the bids must be sealed, designated as Bid No. 94-2
and addressed to:
Peggy Bates, Purchasing Manager
City of Fayetteville
:13 W. Mountain
Fayetteville, AR
PREPARATION CF EID
Each Bid :oust be submitted on the prescribed form and
accompanied by Certification by Bidder Regarding Equal
Employment Cppertun'_ty (HUD 4238 -CD -1) and Contractors
Certification concerning Labor Standards (HUD -1421). All
blank spaces for bid prices must be filled in, in irk cr
typewritten, in beth words and figures, and the foregoing
Certification must be fully completed and executed when
submitted.
Each bid Lust 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 tc whom it is proposed to award a
subcontract under this contract:
a Must be acceptable to the OWNER after
verification by the HUD Area Office of the
current eligibility status, and
b. Must submit Forms HUD 4238 -CD -2 and HUD -1422,
Certification by Proposed Subcontractor
Regarding Equal Employment Opportunity and
Certification of Proposed Subcontractor
Concerning Labor Standards.
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U.S. DEPARTMENT OF HOUSING AND URBAN D
INFORMATION FOR BIDDERS
3. SUBCONTRACTS (continued)
Approval of the proposed subcontract award annot be
given by the Owner unless and until the proposed
subcontractor has submitted the Certification and/or
other evidence showing that it has fully comp ied with
any reporting requirements to which it is or was subject.
4. TELEGRAPHIC MODIFICATION
MENT
HUD 4238-B(R)
Any bidder may modify his bid by te
communication at any time prior to the schedule
time for receipt of bids, provided that such te
communication is received by the OWNER prio
closing time, and provided further, the
satisfied that a written confirmation of the te
modification over the signature of the bidder w
prior to the closing time. The telegraphic comm
should not reveal the bid price but should pr
addition or subtraction or other modification so
final prices. or terms will not be known by t
until the sealed bid is opened. If written con
is not received within two days from the closing
consideration will be given to the te
modification.
5. METHOD OF BIDDING
The OWNER invites the following bid(s):
6. OUALIFICATIONS OF BIDDER
The OWNER may make such investigations as
necessary to determine the ability of the b
perform the work, and the bidder shall furnis
OWNER all such information and date for this p
the OWNER may request. The OWNER reserves the
reject any bid if the evidence submitted
investigation of, such bidder fails to satisfy
that such bidder is properly qualified to per
obligations of othe contract and to complete
contemplated therein. Conditional bids will
accepted.
egraphic
closing
egraphic
to the
WNER is
egraphic
s mailed
nication
vide the
that the
e OWNER
irmation
time, no.
egraphic
e deems
dder to
to the
rpose as
right to
by or
he OWNER
orm the
he work
not be
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U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
HU: 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 cf 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 cf 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. If no
award has been made within 30 days after the date of the
opening of bids, upon demand cf the bidder at any time
thereafter so long as he has not been notified of the
acceptance of this bid. See also paragraph 20, BONDING
AND INSURANCE RECUIREMENTS.
8. LIC_:IDATED DAMAGES FOR FAILZRE 70 ENTER INTO CONTRACT
The successful bidder, upon his failure or refusal to
execute and deliver the contract and bonds required
within 1C 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 LIOi:IDATED DAMAGES
Bidder must agree tc commence work on or before a date to
be specified in a written "NOTICE :O 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 sun of $ 250.CO
for each consecutive calendar day thereafter as
hereinafter provided in the General Conditions.
1C. CONDITIONS CF WORK
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, :oust employ such
methods or means as will not cause any interruption of or
interference with the work of any other contractor.
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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 the Owner 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 later than three days
prior to the date fixed for the opening of bids. Failure
of any bidder to receive any such addendum or
interpretation shall not relieve such bidder from any
obligation under his bid as submitted. All addenda so
issued shall become part of the contract documents.
12. SECURITY FOR FAITHFUL PERFORMANCE
Simultaneously with his delivery of the executed
contract, the Contractor shall furnish a surety bond or
bonds as security for faithful performance of this
contract and for the payment of all persons performing
labor on the project under this contract and furnishing
materials in connection with this contract, as specified
in the General Conditions included herein. The surety on
such bond or bonds shall be a duly authorized surety
company satisfactory to the OWNER.
See also paragraph 20, BONDING AND INSURANCE
REOUIREMENTS.
13. POWER OF ATTORNEY
Attorneys -in -fact who sign bid bonds or contract bonds
must file with each bond a certified and effectively
dated copy of their power of attorney.
14. NOTICE OF SPECIAL CONDITIONS
Attention is particularly called to those parts of the
contract documents and specifications which deal with the
following:
a. Bonding and insurance requirements;
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U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
HUD 4238-B(R)
INFORMATION FOR BIDDERS
14. NOTICE CF SPECIAL CONDITIONS (continued;
b. Wage rates;
c. Federal Labor Standards Provisions;
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 protect 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 CUALIFIED 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 CF 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 cf any bidder to examine any form instrument, or
document shall in no way relieve any bidder from any
obligation in respect of his bid.
18. SAFETY STANDARDS AND ACCIDENT PREVENTION
With respect tc 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 America, the
requirements of the Occupational Safety and
Health Act of 1970 (Public Law 91-596).
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U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
HUD 4238-B(R)
INFORMATION FOR BIDDERS
18. SAFETY STANDARDS AND ACCIDENT PREVENTION (continued)
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 REQUIREMENTS
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 of construction, 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."
20. BONDING AND INSURANCE REQUIREMENTS
A State or local unit of government receiving a grant from the
Federal government which requires contracting for construction
or facility improvement shall follow its own requirements
relating to bid guarantees, performance bonds, and payment
bonds except for contracts exceeding $100,000. For contracts
exceeding $100,000 the minimum requirements shall be as
follows:
A. A bid guarantee from each bidder equivalent to five
percent of the bid price. The bid guarantee shall
consist of a firm commitment such as a bid bond,
certified check, or other negotiable instrument
accompanying a bid as assurance that the bidder will,
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U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
HUD 4238-B(R)
INFORMATION FOR BIDDERS
20. BONDING AND INSURANCE REQUIREMENTS (continued)
upon acceptance of his bid, execute such
contractual documents as may be required
within the tine specified.
B. A performance bond on the part of the contractor for 100
percent of the contract price. A performa:ce bond is one
executed in connection with a contract to secure
fulfillment of all the contractor's obligations under
such contract.
C. A payment bond on the part of the contractor for 100
percent of the contract price. A payment bond is one
executed in connection with a contract to assure payment
as required by law cf all persons supplying labor and
material in the execution of the work provided for in the
contract.
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Proposal of
U. S. DEPARTMENT OR MOUSING AND URBAN DEVELOPMENT
BID FOR LUMP SUM CONTRACTS
Place
Date
=avettevi1le
January 19, 1994
Project No 94-2
SS: I cc ,,orated or North est Arkansas
(a Arkansas
(Slate)
(hereinafter called "Bidder")
-orperation/ MX01015046p4h%i$/xifixiVatlexeck doing business as
(STRIKE OUT INAPPLICABLE TERMS)
To the C-ty of Fayettevi-le
(hereinafter called "Owner")
Gentlemen:
o f a
The Bidder, in compliance with your invitation for bids for the construction
Charles J. Finger Dark, Restroom Facilities
having examined the plans and specifications with related documents and the site
o f the proposed work, and being familiar with all of the conditions surrounding
the construction cf the proposed project including the availability of materials
and labor, hereby proposes to furnish all labor, materials, and supplies; and to
construct the project in accordance with the Contract Documents, within the time
set forth therein, and at the ,.rices stated below. These prices are to cover all
e xpenses incurred In performing the work required under the Contract Documents,
o f which this proposal is a part.
B idder hereby agrees to commence work under this contract on or befgre a
date to be specified In written " otice to Proceed" of the Owner and to fully
complete the project within consecutive calendar days thereafter as stipa-
lated in the specifications. Bidder further agrees to pay as liquidated damages,
the sum cf $ 2 5 a for each consecutive calendar day thereafter as herein-
after provided in Paragraph 19 of the General Conditions.
B idder acknowledges receipt of the following addendum:
#i, dated 1/11/94, #2, dated 11%13/94
BASE PROPC;S.4L: Bidder agrees to perform all of `he
work
. described in the specifications and shown on the plans for the sum of
4l,/>i HA it TWf7tii11,Q DeLAPPli
($�a3iC)4) ) (Amount shall be shown in
both words and figures. In case of discrepancy, the amount shown in words will govern.)
HUD -4238C 346
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ALTERNATE PROPOSALS:
Alternate No 1'
Deduct the sum of
Alternate No. 2'
Deduct the sum of
Alternate No 3'
//1
N14
N/4
A//4
Deduct the sum of
Alternate No. 4:
Deduct the sum of
UNIT PRICES:
N/4
N /A-
N
4
($
N /q-
For changing quantities of work items from those indica
ings upon written instructions from the architect/engineer,
shall prevail:
1. $ Av/4
The above unit prices shall include all labor, material
moval, overhead, profit, insurance, etc., to cover the finis
kinds called for. Changes shall be processed in accordance
the General Conditions.
Bidder understands that the Owner reserves the right to
and to.waive any informalities in the bidding.
The bidder agrees that this bid shall be good and may n
period of 30 calendar days after the scheduled closing time
Upon receipt of written notice of the acceptance of thi
cutetheformal contract attached within 10 days and deliver
as required by Paragraph 29 of the•General Conditions.
The bid security attached in the sum of 5% of total bi
•
ted by the contract draw -
the following unit prices
s, bailing, .. horing, re-
hed work of the several
with paragraph 17(a) of
reject any or all bids
o.t be withdrawn for a
for receiving bids.
s bid, Bidder will exe-
a Surety Bond or Bonds
d amount
($ ) is to become the prope
event the contract and bond'are not executed within the time ab
dated damages for the delay and additional expense to the Ow
(SEAL - i.f bid is by a corporation)
Respec fully subm
By:
✓ ty of th•e°Ownrer in the
o ve setyfnrCh as!11qui-
M�.
n er&caused the'r_eby ..
e`
i t.t €(d.' .11
it. ._,_ �.1 .,, .� t v
=cam
Vice President
P.O. Box 824,
(Title)
Springdale, AR 72765
(Business
Address and Zip Code)
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U.S.
DE PAP-MENT OF FC;.`.,^G .Gr „r.6AN EvE.c PvE NT
CERTIFICATION OF BIDDER REGARCiNG
EQUAL EMPLOYMENT CPPORTUN.TY
INSTRUC-'CHS
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Nuo-1(238-co-1
(5-66)
This ce•tif cat cn is required pu-sucnt to Execut vc Crde• 11246 ;2C F. Q 12319.25) The irrc'enent'ng
rules and regu'atior s crovide that any b oder or pros:active ccntractcr, or coy of their proposed s„bccn-
tractors, shall stare as cn init a' pert cf tt•e bid sr negotiations of 'ne contract whether t hcs part ci-
pated n any previous centred or SLAC cnt.a.• 5..a ett'o the eq..cl per•t.n ty cic,. se, o. d. r so, .`ether
it has flied al. comp lance reper•s d..e ,;oder cppi ccb'e Ins•rve•:crs
Where the certificcticn i -e cotes the• t"e a oder has -ot Bled a cone' ance repot dLe .:nde• coo ir.ebie
instructions, such bidder small be required to sLbm • a ccmpl'a-ce repot wi•hin sever. ca'erdcr dcys
c'te• aid opening. No con••ac• sha'. be cwardee •unless such repot :s s„bnit•ec.
CER'IF'CA`.ICN BY BIDDER
Blcder's Name SS1 :icorporazed of NW Arkarsas (Branch of SSI Incorporated)
Address- F.O. Bcx 6372 — —
Fort Smith, AR 72936
Bicker has perticipated in a p:evio„s co -tract cr subcontrac• sub,ect to the Equal Op:ortun ty
Clause. Yes L' No
2. Ccr.phcr.ce reports were •equirec to be 'I ed 't cornec•Ic- w •h such contract or subcontract.
yes ••Y; No 1—I
Bidder hes filed all ccmpl•cnCc -ecc:ts d„e ..neer cpp:Ica:le ns•-uctic-s, includ -g SF -ICO.
Yes a No [' `'one Required
4. if cnswer to item 3 is ” Na,” please exo.c.n in detc.l cn reverse side of •ors certification.
Cert,ficat'on — Tt,e information above is tr,.e cnd complete to the best of my k'ow'edge and belief.
T:nothy A. Harte' Vice 1,..esicent
NAMEAND TITLE Or SIGNER Io•EASE TYPE)
1PrevloUs Editicr.s Obsolete)
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Jaroary 19 -99t
:.°A 1E
GPa !1943!
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QS. Gt A ' MLN' 6s NLJIINL ANO Lena. It wf LU.M(M
COMMJNITY DEva LO PMEMT BLOCK GRANT PROGRAM
CONTRACTOR'S CERT FICATICN
CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS
TO (Al penpnme Rer plena,:
City of Fayetteville
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The unders1 tne•I, having executed • contract e.lh
for the construe: on of the above•idenIILed protect, aclnawtedges that.
January ;9, 1994
floJICT sumacs Wan?)
Bid 94-2
• pRC.tCT N.M!
I Charles J Finger Park, Restroom
The City o` Fayetteville
(a) The Labor S'andaids oscv.srons ale Inc soled in .Fe aforesaid contract:
tb) Genec:ion of any rtractmns of the aloresud conditions, including mfeaettons by any of hs subcontractors and
airy tower Icer subconlartars, is his cespcnsibilily,
N. ce,gba ,nal:
(a) Neither he nor any : rm, pa'tnership or association
ineligib:e cortractoi by she Ccmplrntler General of
of the Secieta•y et Labor Part 5 (9 CFR. Pan Sl
amended (d0 J.o•C. 776,.—Ira.).
III which he has substantial interest .s designated as al
;he Gelled States pursuant to Section 5.6(6) of •he Regulations
or pursuant lo Section 3(a) of the Dovis•Bacon Act. as
(b) No Dart of IF. .fere-..enf.ored contract has been in wed be
wn:ractcc a: any l: -t, corporation. partnership or associal
inteTal is des, gr'atea as air. Inelogib.e cnnlnelar putsdant
prove: ons.
subcontracted to any subcontractor if such sub -
.an In which such subcont-aclor has a subslanI tar
so any of the aforementioned 'egu:story at slata:my
3. Ne agrees to r.bta T and leaned :o :1e afa-ementioneo eec.pient w.ilhrn ten days aIle: the esecutian of any ssbcDnlnc1,
including these executed by hs sl. bconlnc'ers and any lower tier subconlneton, • Suhearteactoe's Certi fical ion
Corcermrg Labor Slandalds and Prevailing Wage Requirements executed by the subcontractors.
L. Ha cert.:•.' teal:
(a) 'Re egal name and 'Fe business cddrers al ha undesired aro:
SSI Incorporated
o.O.Box 6312
Fort Smith. Ar 12906
tb) Th.. -din aped Ir. (3)
rl A a'NGLe ..Dura 'OnIN e
:al A CO McORA-1OM ORGANIZED IN Tole ST ATB Or
Arkansas
UI ♦ r. R -. •s..0
141 DTM Ca Oe. -•.u.{ ATION tO.aurdc)
-e. .r olr¢m d is h. undas in an
I. name.' na dna awn,. or .g. .—.
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rlTI-1.11AOa
,cl
NAM!
Rlaf
Leo Anha't
'
President
P.O.
Fort
Box 6372
Snith, Ar 72906
Howard McMahon
Secretary
P.O. Box
Fort Smith,
6372
AR
72906
'imothy A. Harrel
Vice gyres -cent
P.Q. Box 824
Springdale, Arx nsas 72
1
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FORM APPROVED
BUDGET BUREAU NO 63.RI138
CEPARTMENT CF HCt:S;4G AND JRBAN CEv_I.CPMENT
CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING
EQUAL EMPLOYMENT OPPORTUNITY
NS 4E ar PRIME CCNTRACTDR
IHSTRJCTIO1/45
HJD-4131•CD•1
'2-571
Th s ceriif;cat•on is required pursuant tc Executive Order ';246 (30 F R. 12319-25) The implement ng rL es and
regula•.ors prove that cry bidder or D•aspect ve cant•actor, or cny of flair proposed subcontractors, sha.I state as
an ir1tial Oar' of the bid or negotiations of the ccrtract whether it hes participates n any previous contract or sub-
contract subject to the equal oDportLn !y clause; and, it so, whether t nas filed alr compliance •eports due under
appl cable irst^uc•iors.
*here the certification indicates riot the subccr-•ac•cr has not filed a conoliarce •sport due under app icabie in-
structions, such subcontractor steal' be -eau •ee •o subm t a compliance report before the owner approves the sub -
cont -act or permits work to begin urder•le subcontract
Stbcontractor's Nome:
Address:
SUBCONTRAC'OR'S CERTIF CATICM
1. E,doer bas pertic Dotes 1 a p'eviaLs contract or subcontract subject to Ike Equal Opportunity Cladse.
Yes r No --
2. Compliance reports were reruired •o be fled in connec•ion wi•h suci ccntroct or subcontract.
Yes [; No
3. Bidder is filed cl. compl ance reports due under cpplicable ins:ructians, including SF -100.
Yes ,J 4a [, Note Required Li
4. 1' answer !o i•em 3 is "No,,' please explain in deta.l on reverse side of this certification.
Certification — The information above is :rue and complete •a the best of my knowledge and belief.
NArrE A•.a T'TrE Cr SIGNER ;P•Gase Type.
:.5799-P
A •JPF
1 Previous Editions Obsolete
HUD -wash., D. C.
GATE
•
•
•
•
•
•
FORM APPROVED
BUDGET BUREAU NO. 63.R1138
DEPAR-MEVT OF FOLSING AND URBAN DEVE_OFVEN'
CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING
EQUAL EMPLOYMENT OPPORTUNITY
HUD-4221-CD.2
12.67:
NAME OP PR.aE CON"RACTOP PRO.EC" NO.
INSTRUCTIONS
This certification is requ.red pursJant to Executive Order '1246 ;30 F.R. 123;4.251. The implementing ruses and
regulations provide rho any birder or prospective contractor, or ary of their proposed subcontractors, shall rate as
ar initial part of the bid or nego•ia'Ions of the contract whethe• it has par:cipated ir any previous contract ar sub-
contract subject to the equal cppor:unl•y clause; and, it so, whether it has filed all compl'once reports due under
applicable instrucfons.
Where the certification •ne:cates that be subcontractor has not filed a compliance rector due under applicable in-
strivcrions, such subcontractor sha.l be required to subm t a compliance report before the owner approves the sub-
contract or permits work to begin under the subcortract.
Subcerrractor's Name:
Address:
SUBCCNTRACTOR'S CERTIFICATION
1. Bidder has paricipated in a previous contract or subcontract sub,ect lo'he Equal Oppartunrty Clause.
Yes — 4o C
2. Compliance reports were rem, red to be filed in connection with sack contract or subcontract.
Yes C No r-
3.
3. Bidder has filed all compliance reports due under applicable .nstruct ons, including SF -100.
Yes r No = None Required
4. If answer to item 3 is "No," please explain ir. detail on reverse side of this certification.
Certification - The information above is true and complete to the best of my knowledge and belief.
MAM[ ANO rTug or SIGNER (Please Type)
21 5799-P
•1 ;N A -URI
Previous Editions Obsolete
1
Huo-Wash.. D. C.
OATS.
•
•
Y� I
•
•
•
J.3. DEPAITMEM' OP •,OUS MG ANO Liam.. OEVELGPr aNT
COMMUNITY DEVELOPMENT BLOCK GRAN' PROGRAM
SUBCONTRACTOR'S CERTIFICATION
CONCERNING LABOR STANDARDS AND PREVAILING WAGE REOUIREh1CNTS
TO ( Ippropwre Reetprent):
DA -a
t/o
plra.,EcT NUMSER; zany/
PPCI1CT kAME
1. The andersl geed, Myrna execo:ed a contract wreh
For
/Can eat o•ar it 6rnn✓a cad
4am•e 01 Nark)
m the amount of S
in the construction of the abovc•identdjed protect, cert.fses that:
(a) The Labor Starda•ds Provrsmas of The Contract For Construction are mc'udea in the aforesa.d contract.
(b) Neither he no any firm ea-peratlon, partnership or assocsatlon in which he has • subs'ant.al interest Is
designated as an nelig bit co'[ncror by the Conplrolie: General al the United States pursuant to Section
of the Itegulat.ons of the Seawall, of Labor Pad 5' 9 CeR, parr .:1. or pursuant to Secumr 3(s) of :he Davrs-
Bacon Act, as emended 110 t.3. C. 176a-1(a0J.
(c) No par: cf the adorerent.oned contract has been or will be subcontracted to any subcontractor if such
subcontractor or snit llrm, corporation. pa-ine chip or assoc,alsan rn which such subcontractor has a
substantial interest is designated as an Ineligible contractor pursuant to the aforesaid regulatory or
stalulo:y provrasans.
2. He agrees to obta.n and forward is :he contractor, for transmittal to the reapwrl, within ten days after the execution
of any lower subcontract, a Subccnssactor's Carta:ca'ian Concerning Labor Standards and Preva.ling Wage Require-
ments, executed by the :ower tier su OConiractcs. rr duplicate.
(a) The workmen w':1 report far cuty on or about
Irl
3. He tarty fin rhea
(a) The legal risme and the business address al rho urdrsigned a•e.
Ib) The unders Bred II
A SIN4..E •i•Cin1£TO PSNIP
IS: n COP POPAT OY OnGANIZtO IM TMl SATE OPI
121 A PA9.I. ERSNe
:u oTN En Cee ANI1ATION (.leernbr/
;c) Tha name, alis and oddness of 1%e owner Varner' at orf fen of the undr signed arc
Ma ME
TITLE
ADORES.
19
MUD -1.127 :a_stl
•
•
•
Brown -Hiller -Clark & Assoc.
P .O. Box 3529
Fott Smith * AR * 72913
B : 0 BOAC
KNOW ALL MEN BY THESE PRESENTS:
* 501-452-4000
)hat we, SSI, Incorporated of Northwest Arkansas
4
P . O. Box 824 Springdale,
AR 72765-0824 , as Principal, (he-einafter called the "Principal"),
and the United States Fidelity & Guaranty Company
P. O. Box 1138
Baltimore, MD 21203
a corporation
duly organized -aider the laws of the State of MD , as Su-ety, (hereinafter called the "Surety"), are he'd and
firmly bound me City of Fayetteville, Arkansas
— the stn et FIVE PERCENT (5%) TOTAL AMOUNT BID
as Obl.gee, (hereinafter ca..ed the "Obligee"),
Dollars (85%
•
•
'cr the payment o' which sum well and t-uly to be trade, the said Pr'-c•Dal and the said Surety, bind ourselves, ou- hei-s,
executers, administrators, successo-s and assigns, ,o+ntly and severally, firmly by these presents.
WHEREAS the Principal has submitted a bid for
Facilities.
Charles J. Finger Park Restroom
WOW, THEREFORE, if the Obligee shall accept the bid o' the Principe, and the Principal shall enter into a contract
with the Obligee in accordance .eth the terms o' such bid and give such bond or bonds as may be specified in the bidding
or contact documents with good and su"icien. surety for the faithful performance of such contract and for the prompt
payment of labo- and irater'al furnished in the prosecution thereof,or in the event of the failure of the Principal to enter
into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the d'fterence not to exceed
the penalty hereof Det.een the amount specified in said bid and such lager amount for .i'ch the Obligee may in good
fa•th contract ,. th another party to perfo-m the wo-k cove -ed by said bid, the el s .Al gation shat. be nu,, and void,
cthervise to remain in fu'l force and effect.
S geed and sewed this 17TH
li JL-ee f
Wet-ess
day of JANUARY
Ca^tarns to Aner'can Institute of Architects Document A-3'0,
February 197D Edition.
A.D., 1994
SSI, Incorporated
of Northwest Arkansas
By
(SEA.)
P-incipal
.aC' if tc. 1124
Title
United Sta es Fidelity and
Guaranty Company
BY/; a
Vicci L. Hiller
Surety
(SEAL)
N° 640509,
UNITED STATES FIDELITY AND GUARANTY COMPANY
ILNOW ALL MEN BY THESE PRFSE)4 IS: Thai UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing
under the laws of the Slate of Maryland and baying ti principal office at the Ci;y of Baltimore, in the Slate of Maryland. does hereby constitute and appoint
Sam B. Hiller, Larry R. Clark, Ricci L. H=::er and Thomas :, Cooley
of the City of Fort Smith .Stateof Arkatsas its tiveand awtu1Almmey(s)-in-Fat,each .atheir uwrals
capacity if mow than one .a named above. to sign •u Dame as witty io, sod is execute, seal and acenowiedge any and all bonds, undertakings coasts and other
wrimee instfunteots in the nets thereof on behalf of the Company m its bus.aesa of guanateeng the fidelity of person: guseanaeing the performance cf contracts.
and executing or guvameeng bonds and underatinµ required or pemutted in any salons ct proceedings allowed by law.
In Witness Whereof, the said 1NITEU STATES FIDELITY AND GL ARANTY COMPANY has caused this instrument to be sealed with its cerporate seal.
July attested bythe signature ofitsSemou VicePresident and Assure: Secretary Ibis 22nd day of January . A.D. i3
:rNITED STATES FIDELITY AND cL'ARAN-N COMPANY
nl
M (Signed) 8y... •• .... .. . .....
,.. Sister Vice P:eardest
(Signed) By. ...\.. . ............ .. .. .
Assistant Secretary
STATE OF MARYLAND)
55:
BALTIMORE CITY
Onthis 22.tddayof Jatuarp .A.D.i993 .beforevac praniruy came Rcbert J. Lamendola
Serra Vim President of the UNITED STATES FIDELITY ANT) Gs1:ARANTY COMPANY and Paul D. S lets . Assistant
Secretary of end Company. will, both of whom I all personally acquainted whohewg by me severally duly morn, said tha they. the said Robert .J.
Lamendola and Paul D. Sims were especlvey the Senior Vice President end the Asaistanl Secretary cf
the said UNITED STATES FIDELITY AND GUARANTY COMPANY. the corporation described ie ad which executed the foregoing Power of Attoney: thnt they
cub knew the sal of said corporation: that 'be seal affixed to sad Power of Attemey was such eoryfe seal, that it was so aftsed by order of the Bond of Dmecwn
of said corporumo. and That They signed that names thereto by like order as Senior Vice President and Assistant Secretary respectively, of the Company
My Commasmn expues the lit" day id. Mbarc'n %y^ A.D.:9 95.
(S.gsedy i
NOTARY PUBLIC
This Power of Amorney is granld under and by autborty of the following Resolutions adopted by The Board of Directors of the UNITED STATES
FIDELITY AND GUARANTY COMPANY on September 24. 1992:
RESOLVED, that in enaction with the fidelity and survey reference business of the Company. all bondsundertakinµ. contracts and other msN:mems
relating in said business maybe need. executed. and acknowledged by persons m envies appointed as Amomey(s}m-Fat pursuant to a Power of Atlomey issued in
accordance with these reselutions. Said Power(s) of Attorney for and on behalf of the Company may and sheet be executed in The name and an behalf cl the Ciimpaay
either by the flaima or the President. or an Executive Vine PenideelL or a Senor Vies Pendent, ora Vim President or an Assistant Vice President. jointly with the
Secretary orao Assistant Secretary, under them respective designations. The signature of such officers may be engraved, printed of lithographed. The sigmeure of each
of the foregoing officers aced the seal of The Company may be affixed by facsimile to any Power of Attorney or to any certificate retailing thereto appointing
Atiomey(s}in-Fan for purposes only of executing and messing bonds and undertakings and other writinµ obligatory in (be ordure thereof, sod. unless subsequeot:p
revoked and subject to my limitations set forth theorist, any mch Power of Amomey Cr ccthficue bun pg such facsimile signature or facsimile real shall be valid and
binding upon the Company and any such power so executed and .erluied by such facsimile signature and frsimde seal shall be valid and binding upon the Company
with rmpect to any bond or uoderealang 10 which it is validly attached.
RESOLVED. that Attomey(s)-so- Facl shall have the power and authorty. unless subsequently revoked and, in my case. subject to the terms sod limitmons
of The Parer of Attorney 'wed to them to aecxe and deliver on behalf cf the Connpany and to mach the sass of the Company to my sod all bonds and undertakings,
ad olherwntinga obligatory in the nature :hereof. and my such instrument executed by such Attorney(s)-in-Fact shall be an binding upon the Company u if signed by
an Executive Officer and mailed and a4aaed to by The Secretary of be Company.
L Paul D. Sims . an Assusuat Secretary of UTTTED STATES FIDELITY AWL) GUARANTY COMPANY.
do hereby certify that the foregoing is atm. excerpt from the Resolution of the said Conically as adopted by its Bored of Directors on September 24. 1992 and that this
Resolution is m full form and effect
I. the undersigned Assistant Secretary oftbe UNITED STATES fDFJITY AND GUARANTY COMPANY do hereby unify that the foregoing Power of
Attorney ism hill force and effect and has not been revokd, 17 t}}1y
In Testimony Whereof, I have hereunto set my hand and the sea, P1.STATES FIDELITY AND GI:ARAITY COMPANY on that y
of January ,19 94
A6L.)
.
. .. ...... AssistantSecrtary
FS,' rlo-92)
q
• Y
- TIa Y. • L. - Y[ b. . .
—.. • - Y .. v r a .-e.
a
• I Bond #39-0120-10101-94-6
UNITED STATES FIDELI UARANTY COMPANY
(A Stoc' Corrpany)
ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND
9' SSI Ineo rated of Northwest Arkansas
We.......... 1111.... xP8.:.............. .......................... .
• Y . 0. Box 82k, S,pringaale, AR 72765-0824
..........................
4I as Prircipal. Hereinafter caller Drincioal. and UNITED STA'ES FIDELITY AND GUARANTv COMPANY. a
coroporation organizes and ex sting under tie aws o' the State of Maryland and authorized to do business
e in the State of Arkansas. as Surety herej' fier cpllp SLrety, are heir and frm y bound unto..
o
City ay btevi e, r rsas
................ 1111...... .
as Obligee. hereinafter cal ed Owner, in the amount ot. ............................... re rip 100-------
,. . . .. ... ... 1111.. .,. .
•--------------------------------------------------------------------------------
hj Dollars ($„ .?'... 0.00. ). for the payment whereof Drincioal and Surety binc themselves, their heirs.
personal representatives successors and assiors, ointly and severally f'rrrly by these preserts
P'inc pal has by written agreement sated ... i.s 1•.. : 'I, .. i .,..1`1:.-l........ entered into a ccntract
w•thOwnerfor construction of New 3estroan Facility for Charles J. Finger Park,
JJ in accordance with plans and specifications preparcd by City of Fayetteville, AR.
which contract is by reference made a part hereo' anc is
here natter referred to as the Contact.
THE CONDITION OF THIS OBLIGATION is such that if tie Principal shall'altnfLl y perform the Corlract
on his part and shal 'ully indemn fy and save harmless :he Owner from a I cost and damage which He may
suffer by reason o' lailure so :o do and snail Tully rei-nturse and repay the Owner all oullay and expense
which the Owner may 'ncLr ir mak rg good any such cefau 1. and. further. that i' the Pr ncpa sha'l pay a I
persors all indebtedness for labor or materials'Lrnlshed or perfcrrred Lrder said Gcntract. Ia I rg which such
persons snail have a direct right o' actior against the Prirc pal anc Surety cintly anc several y, under th.s
:t obligation, subject to the Owrer's prio•1'y, tier this oo'igation shall be nu I at void; otherwise it sha I remain
I in full force anc effect
No suit action or proceed rg shall be brought on this bond outside the Stale of Arkansas. No BLit, action
or proceeding shal: be brought cn :his bonc except by the Owner. urless it is Drought in accorcance wth
A.C.A. Section 22-9-403 (t; anc A.C.A. Section 18-44-503 (b) (Supp. ' 987) as ar-ended. No suit, action or
proceeding snail be brought by the Owner a`ter two years from the dale on which 'inal payment Lrder :he
Contract tails due.
Any alte•at ens which may be made ir the :errs of the Contact• or ir the work to be Bore under it, or
the giving by the Owner of any extensior oft me 'or the performarce of the Contract, or any other forberance
on the part of either the Owrer or the Drincioal tc the other shall not in any way release the Prircipa! and
the SLrety or Surat es. or either or any of them. the r Heirs. personal represerlatives. successors or assigns
from their liability nereurder• notice to the Suety or Sureties of any such alteration ex:ersion or forbearance
being hereby waived.
in no even: shall the aggregate liabi its' of the Surety exceed tie sum set out herein.
r
Executed on this .....,.,.IL.' 1 111 cay o'.... .-..+: ,{ti.f.y. ............ 19(34 ..
SS1 _ncorporatcd of Northwest Arkansasii
Principal
L e
BY �....!� . �f .. . ..... ... I:
UNITED STATES FIDELITX.AND UARANTY COMPANY
F.
yfilA
1'icc.i L. Hiller Attorney -in -tact
Contracl 158 (Arkansas);11-891
Na 640529
UNITED STATES FIDELITY AND GUARANTY COMPANY
KNOW ALL MEN BY THESE PRF_SEN1S: Thal UN i BCD STATES FIDELITY AND GUARANTY COMPANY, a corporation organized mac existing
under the laws of the Slate of Maryland and having its Principal office at the City of Baltimore. in the State of Maryland. does hereby sastilrse and appoin:
Sam B. Hiller, Larry R. Clark, Vicci L. Hiller and ::.onas L. Cooley
of the City of Fort Smith stme of Arkansas its tn;e and lawful Attoroeye}m-Feet each in Their separate
capacity if r=ote than one is Barred ab.rve. to s.p its oars as surety to, and to execute seal and acknowledge any and all hoods undedauags, contacts and ether
wnaen irmrnments, in the moue thereof on behalf of the Company in its business of guaranteeing the fidelity of persons. pannteeimg the performance of contracts:
and executing or guanmsing boodsand undertakings required cr pennitled in any ux,ons or pmceed.ngs showed by law
In Witness Whereof, the said UNITED STATES FIDEL'TY AND GUARANTY COMPANY has caused this latitudinal to be sealed with its corporate seek.
duly attested by the sipatures of its Senor Vice Prefdem and Assisuot Secretary. than 22nd day of January . A D. IWi 3
I 'NTIED STATES FIDELITY AND GUARANTY COMPANY
(Signed) By. .... Se .. ...... .
�' '/losat V ice Pesident
(Signed) By.... ... 'l
' . ........... . .
Assistant Secretary
STATE OF MARYLAND)
SS:
BALTIMORE CITY I
Onthrs 22nddayof January ,A.D.1993 , beforernapsnonLycaree Robert J. Lamendcla
Senor Vice Ptesidem of the I.Tv7TED STATES FIDFJJTY ANU GUARANTY COMPANY and Pau: D. Sins Assisani
Secretary of said Company. with both of whom 1 am "Bally acquainted. who hnngby me severafly duly swain. said, that they, the said Robert J.
Lamendola and Paul D. Sims wemmspecttseby she Senior Yee Presiders and the Ass:staot Secretary of
the said UNITED STATES FIDELITY AND GI IARA.HTY COMPANY. the corporation described in mid which executed the foregoing Power of Attorney that they
each knew she seal of said corporation; that the seal affixed to said Power of Attorney was with aoperate seal that it was so affixed by order of the Board of Directors
of said ciupormrom, and that they typed their names thereto by like order as Senior Vice Pseaides sod Assistant Secretary. respectively, of the Company.
My Commiwon expinslha 11th day March M�arch tfl11999955.
w L� (Sigxd)
M` oY NOTARY PUBLIC
faar►
This Power of Attorney is granted under and by aiebonty of :be foliow:ng Resolutions adopted by the Bond of Duectors of the Uh i IFD STATES
FIDELITY AND GUARANTY COMPANY on September 24. 1992;
RESOLVED. that in coaanction with the fidely and nutty insurance business of the Cumpaoy, all bonds, uodeitaLogs, contracts and other instrnrnenu
reuoag to said bwseee may be signed. cxecined. sad acknowledged by persons or veto rev sopmud as Attomey(s)-inFact punuamt to a Power of Attorney issued in
accordance with these resolutions. Said Powers} of Attorney brand nn behalf of the Company may and shall be executed in the wive and cn behalf of the Company.
either by the Chairman. or the providers, at an Executive Vice President. or a Senor V ice President. or a Vice President or an Assistam Vice PteadeoL jointly with the
Secretary oran Assistant Secretary, under their respective designation. The signature of rack officers may be engraved. parsed or lithographed. The signature o: each
of the foregoing officer, and the sail of the Company may be affixed by facsimdc to any Power of Attorney or to any certificate nW ring thereto appoiming
A=omey(a}ic,Fact fcr purposes only of executing and attesting bonds and undertaking, and otherwrnings obligatory in the nature thereof, and bless mbsequenily
revoked and subject to my limitation set forth themm. any such Power of Attorney or certificate beanog such facsimile a pamre or facsimile sea, shalt be valid and
binding upon the Company mad any such power sa executed and certified by such fscsirmle signature and facsimile seal shall be valid and binding upon the Company
wilt «spec•[ to any bond or undertaking to 'hick it is validly arucbed.
RESOINED. that Aaomry(s}in-Fact shall have the power and suthonty, unless arhsequemly revoked and, many cam, subject to the terms and limitations
of the Power of Attorney issued to them to execute and deliver on behalf of the Company and to ,mach the tea, of the Company to any and all bonds and uodertakuigs,
and otherwntogs obliptnry to the nature Hereof, and any such onrammeol executed by such Attorney(a)-ire-Fact shall bean binding upon the Company as if Biped by
an Executive Officer and sealed and anewed to by the Secretary of the Company.
L Pat D. Sims . an Assiment Secretary ofthe UNITED STATES FIDELITY AND GUARANTY COMPANY,
do hereby certify that the foregoing a a we excerpt from the Resolution of :be said Company ss adopted by its Board of Directors om September 24, 1992 and that this
Resolution is in full force and effect-
1, the undamped Asaidant Secretary of the UNITED STATES FDE.IrY AND GUARANTY COMPANY do hereby certify that the foregoing Power of
Attorney is m full fame and effect and has not been revoked.
a Testimony Whereof. I have hereunto set my band and the sal re:
STATES FIDELITY AND GUARAY COMPANY co this day
of .19 �NT
"''•ab -........... .........
IS Assistant Secretary
FS?'10.921
I
ACOI ID, CERTIFICATE O ,INL
NCE C• Dll iS$LEDAT1/271 )4tll
01/27/94
S$IIPI-1
PRUDLCE1
THIS CERT1t1CATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
B -own -Hit le --Clark & Assoc.
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTHif7CATE
5500 Eupe- Lane
DOES NOT AMEND. EXTEND OR ALTER THE COVERAC,F. AFFORDED BY THE
P.O. Box 3529
POLICIESBEWR.
Fo-t Smith AR 72913
COMPANIES AFFORDING COVERAGE
Sam B. Hille-
501-452-4000
I; 'MPANY
NIT:LR A Maryland Casualty Company
Y
B 4.^.rtnbrcck :Memnity
INRL'RItD
11rcR
I'.1MPANV
LPTFR C Nortner^ Insurance Company
I MPAM
551, Inc. of Northwest AR
14T Pk
P.O. Box 824
AR 72765-0824
"MPun E
•Springdale
Pr Pk
COVERAGES
THIS IS It CERTIFY THAT THE POLICIES OF INSURANCE :JS:ED BELOW nAVE BEEN ISSUED TO THE INSIJRED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION or ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERrAIS. nth INSURANCE
APIORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE-EI1MS.
EKCLi;SIONS AND COND.nONS OF SUCH N)LICIFS. IJAII r5 SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TV PH OF IVRL'RANCR POLICY NLMBER
I.TR
POLITY EFTEITIyB POLICYERPIRATION LIMITS
DATEIMµ'DdYO DATR1MMI)N1T
CENRRAI IA*R11.nY
UiNhRAI. AUUREGAFP f 2, CCC, CCC
C X "11R 'Al- bENEIw IIA8112 EP86915923
05/01/93 05/0'/94 PRCPL•TS<UMP/OP AMi S 2,CCC , OCC
'TANS MAPS x 01': LR
PERSONA..& AM. INJURY S 1,000 CCC
3'NFR :$a CONTRAM)k'}PMO:
EACH CR'CURRINel. S 1, CCC, OCC
"BO DAMAI•P Am' m fit) S 50,000
MFD EYPPN.SI (4:) +rjv'-m) $ 5,000
ALTOMORILE LIABILITY
('OMRDIPP SIN . -F
C x AN` Ati') ECA18876343
05/01/93 05/0/94 14!110F 1,000,000
ALL OWNED Al I OS
ROb0 VI
a HhntP.,MJ) Ale: cs
IP:r PrnarI $
HIM! O ALTOS
a.riINJURY
h:.hOWN1.I• All: ;S
(Pe•a.vdem)
(I
CAR4IE _IARI:JPY
PROPERTY DM/AOF S
EXCIRR LIABILITY
LACH 0(1 LRRCNCI $ 5,000000
C x IMKRP1 APORM ..BA82811978
05/01/93 05/0'/94 AIH)RIA.A:E $ 5,000,000
)I.I-M r1AN IMBR,IJ A POW
A WORKER$+x)MPENRATION TC482811432
05/01/93 05/l /94 STA'OICORV IJMRE
LAIN ACUR)IJ) r $ 500, 000
AND
:11q -ASE ru Y LLMT 5 500000
EMPLOYERS LIABILITT
]'SPASE FACY PMPI.OYPF f 500,000
OTHER
B B.,iIders R'sk 72-329981
05/01/93 35/01/"Y4
$5,330 Ded�ct'ble
DES& RIPTION OFOPERATIMNCI.• CATI(NTh%MIIC1.CS'SPELIAL IrtM9
JOB: Rest-oom Facilities at Cnarles J. Finger Park
CERTIFICATE HOLDER
CANCELLATION
$•?OG;.7 ANY OF THE ABOVE DF.SC'RIRFD POI J(IhS RI: CAN I'hl J hD BEM)RE.. rH h
EXPIRA-ON DATE -HEREOF. THE ]SSUINC COMPANY WILLENDEAVOR TO
MAL-10 _ DAYS WRITTEN NOTICE TO THE CERTIF.CATE HOIDER NAMED TO THE
LEFT. BUT FAILURE RI MAIL SUCH NOTICE SHALL IMPOSE NO OBUGAT)ON OR
City of Fayetteville
1 rABIIJTY OF ANY KIND CDON ;HE COMPANY. ITS AGENTS OR REPRESENTATIVES
City Nall
FayetteVi l le AR 7270
ALIHORIZED RRPRRRxNrAHVE
San B. HI ler B. \ _
ACORD 2SS 17!901
" ACORD CORPORATION 1490
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-r.e S.c,pleemen-a_ Gera. ✓_•. s s..a__ form par o. he c...., acY IF
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n- hereto as ' {' '.I '-ore
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•.e e:., . c__y se✓ _ .:.e a✓Ye of C:,n Yen _5, titles, ea _..g5, I .Lr...,:....
neae:ines and marg:•:a: metes ::c. tained herein and in said Documents are S:I.ely t:.
fan:::1ta'e reference t3 var:cus rrovisicns or the contract documents and in
{"reF- •"-1't C` cast "-ght n^ '7e in`errr=-anon of the prc•raions tc wG",•[• W . Q._ YY• _Y. _ , 1 li .. .. __ V.1 Y. Y p 1 _•
- n re.
nej , e
ONTENTS
act and Contras'. :,c\:✓me its
35.
Stated Allowances
JV•I..•
L.
yl
Use Vf Premises & Rencval of �etr:s
✓-f_r_✓_cn,
3
^ra =ns'r ct: ns & :e'ai: raw:ngs
38.
Quantities of Estimate
Jh.cp r Sett:cg Drawings
39.
:.ands & Rights-cf-Way
5.
Ya-er:als, Services. & Facilities
40•
Genera: Guaranty
r..
:s _o Vat -2r-
4'.
Cor.fiicting Conditions
_:tle -
3 Testing ua'eriaa
42.
Notice & Service Thereof
•:...recticr.
.`
W.
':r F ua:'" Clase
1.3.
Required Provision Deemed Inserted
:'3'erts
44.
Protection of Lives & Health
.
_.
Ir•:e.s, Permits & ?eg _aticr.s
45.
Subcontracts
;'.
=ntractor's Cb:iat: ns
46.
Equal Employment Opportunity
eat;.er cr.dit: ns
�'.
:nterest cf Member of Congress
3.
:._-ec-:cn cLr +;cr,c & P^ore"-y - Emergency
-.3.
Other Prohinited _nterests
:.. es-:cn
69.
Use Prior Owner's Acceptance
;.
Pe,-rts• Records & Da "
50.
Photographs
I..reri;:'erecce `_y Contractor
`,'
Suspension of Work
anges ::, rc
`L2.
Anticipated Fringe Benefits
Extras
53•
Overtime Compensation
Ti e rcr Ccr,.cletion & ;.iquidated Damages
`.4•
Apprentices/Trainees
Zcrrect_on cf Wcr,c
55.
Employment Prohibited
21
S..csl.rrace COnoitica F and iffereat
56.
Compliance with Anti -Kickback Act
22.
:ars for Extra Cos_
57.
Classifications Not Listed
23.
:g•".t cf ':caner to Term:Hate Ccntrac:
58.
Fringe Benefits Not Expressed
2-.
trlc'i.;n SctedLle & Per:Tdic Estimates
5?.
Posting Wage Rates
__
Ps; n -s - Ccntrac tors
6�•
Complaints, Proceedings or Testi-en,y
F\Fa Pay-ent as P.elease
61.
Claims and Disputes
2
aymen✓s by Cc•.Yractcr
52•
Questions Concerning Regulations
.
L8.
-
63.
Payrolls ana Records
y.
3cntract Sec,rity
64.
Specific Coverage
3C•
A4d:ticna. or Sui,stit-te Bond
55.
Subcontractors
Ineligible
3'.
,;ss:g^rents
66.
Provisions to be Included
?? al Rest•_" i i_i'y cf r.tra•etcrs
57.
Employment Practices
33•
Separate Contracts
68•
Contract Termination; Debarment
ccOr'rac tom.^g
Jl•
A.n_•-e..✓.I ♦I5neer .] t.5.,.,r... Ll
22
r:. I. i j$
Index of General Conditions
Subject Section
Accident Prevention . . .
. .
44
. .
Additional Bond . . . . . .
.
. .
30
.
Additional Instructions . .
.
. .
3
.
Allowances. . . . . . . . . .
.
.
36
Anti -Kickback Act . . . . . .
. .
56
Apprentices/Trainees. . . . .
.
... .
54
Architect's Authority . . . .
. . .
35
Assignments . . . . . . . . .
. . .
31
Bond, Security. . . . . . ..
. . .
29
Bond, Security; Additional. .
. . .
30
Changes in Work . . . . .
. . .
17
Claims fo Extra Cost. . . . .
22
Completion Time . . . . . . .
. . .
. . .
19
Complaints, Proceedings or
Testimony . . . . . . . . .
.
60
Condition, Subsurface . . . .
. .
21
Conflicting Conditions. . . .
. . .
41
Construction Schedule . . .
. . .
24
.
Contract Documents. . . .
. . .
1
. .
Contract Security . . . .
. ...
. . .
29
Contractor's Insurance. . .
28
Contract Termination. . . . .
.
68
. . .
Contractor's Mutual Responsibility.
32
Contractor's Obligations. . .
. . .
11
Claims and Disputes . . . . .
. . .
61
Contractor's Title to Material.
. .
6
Classifications Not Listed. .
. . .
57
Correction of Work. . . . .
20
.
Damages, Liquidated . . . . .
. . .
. . .
19
Data, Reports and Records . .
. .
15
Debarment; Breach of Labor
.
Standards . . . . . . . . .
68
Debris Removal. . . . . .
. . .
. . .
37
Definitions . . . .
2
. . . . .
Detail Drawings . . . . . . .
. . .
.
3
Different Subsurface. . . .
. .
21
.
Discrimination, Employment. .
. . .
. .
46
Drawings, Detail. . . .
3
. . .
Emergencies . . . . . . .
. . .
13
. .
Employment Practices. . . . .
.
. . .
67
Equal Employment Opportunity.
. . .
46
Estimated Quantities. . . .
. .
38
Extras. . . . . .
.
18
Final Payment . . . . . . . .
.
26
Guarantee, General. . . . . .
. . .
40
Inspection . . . . . .
. . .
14
. . . .
Inspection of Materials . . .
. . .
. . .
7
Insurance . . . . . .
28
. . . .
Lands and Rights -of -Way . . .
. . .
. . .
39
Legal Provisions, Implied . .
. .
43
Liquidated Damages. . . . . .
.
19
Materials . . . . . . . . .
. .
5
.
Member of Congress. . .
. . .
.
47
Nondiscrimination, Employment
. .
. .
46
Notice and Service. .
.
42
. . . .-.
. .
Subject I Section
Obligation
of Contractor
"Or Equal"
Clause . . . . . .
.
Overtime C
mpensation .
Owner's Ri
. . .
ht to Terminate.
.
.
.
Patents
. . •. . . . . . .
.
Payments b
Contractor. . . .
.
Payments t
Contractor.
Payrolls a
d Records. . . . .
.
Periodic E
timates .
Permits, S
. . . .
rveys, Regulations
.
Photograph
. . . . . . . . .
.
Posting Mi
imum Wage Rates. .
.
Prohibited
Interests.
Protection
. . . . .
of Lives and Health.
Protection
of Work, Property.
.
Provisions
Required by Law. .
.
Quantities
of Estimate.
Questions
. . . .
oncerning Regulation
Release of
Contractor .
Removal of
. . .
Debris
.
. . . . . .
.
Reports, R
cords and Data . .
.
Responsibi
ity of Contractor.
Right of 0
ner to Terminate
Rights -of -ay
. . . . . . .
.
Schedule o
Construction.
Security.
. .
. . . . . .
.
Separate C
ntracts. . .
Services,
aterials, Facilities
Shop Drawi
gs . . . . . . .
Specific C
verage . . . . . .
.
Stated All
wances . . . . . .
.
Subcontrac
ing. . . . . . .
.
Subcontrac
or's Insurance
Subcontrac
. .
ors, Ineligible. .
.
.
Substitute
Bond
Subsurface
. . . . . .
Conditions .
.
Superinten
. .
ence by Contractor
.
Surveys, P
rmits. . . .
.
Suspension
of Work. . . . . .
Terminatio
of Contract
.
Testing of
Materials. .
Time for C
mpletion . .
Title to M
terials. .
Trainees/A
.
prentices. .
Use and Oc
upancy . . .
Use of Pre
ises . . .
Weather Co
ditions.
. .
*Anticipate@ Fringe Benefits
*Employment Prohibited . . . .
*Fringe Ben fits Not Expressed
11
8
53
239
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
6
54
49
37
12
52
55
58
4C
M
oe:ween
CONTRACT
THIS AGREEMENT, made this 15th - day of FcbruaryCity of Fayetteville, Arkansas
rerein : a.!ed"Owner' act.-)?
CJ•rorre •Vjnq c; C+ne-
�1
herein thrcieir its _ --- - —... ayor .---- ______ -______
/::If ;i Aulh Cll:ed J; IGII
SSI, Inc. of Northwest Arkansas
STRIKE 01T 'a•..r,.oraLo_t XiCi36WQRVI}S1
TN tPPLICABLE _---- -___
TERMS
Springdale
'•flatter eal:e d "Cool:ac:_r.
HUC4C 38-F
6-661
1c94 9,4 b;. ar.d
ar.d
Washington Arkansas
Cuu-tv of - _ , ard State of
WITNESSETHThat 4.r ard it cons:derattor. of the payments and agreements hereinafter rr.ectioncd, to be
ma dr and pe:fcrmed by the CW'' h. the CONTRACTOR hereby agrees with the OWNER :o commence and zomp.ete
the corst:uct;cr :esc:ihrti as foJows: Nev Restroan Facility for
Charles J. Finger Park
Fayetteville, Arkansas
hereI pjftoOba'I d the preect for ::.e sum of Sixty —Three Thousand Dollars
($ 0 ' �f and a]; extra work ,n consectior. the.ewith under tr.e terms as stated :n the General and Special Con-
dnicns cf the rontra^:; ard at nis (:s or :heir) own p:ooe. cost and expense to farnsh all the materia.s. supplies,
-nae:inery r:: mpment.:.,' 's. labor. irsr.rance. and other accessories and services necessary to ^'m -
piece the said project in a • •nrdanre w•tn the conditions ant prices stated .n the Proposal, the Ceneral Conditions Sup-
plea:entai General Crn.aans ard Spec:a: Ccnd:tiors of the Contract. the plans, which 'ncluoe all maps, plats. b ue
prints, and 'ther drawi.^.y and tinted or writter. explanatory matter thereof, the specifications ar.d contract dcrc-ncr.ts
therefor as prepared pv City of Fayette'vi Le, Arransas herein entitled the .chit - m•er,
and as enumerated in Paraprrapn 1 of the `ipplemental General Conditions, ail of whim are made a part hereof ar.J co;-
.ecti%cly t%ider.ce and ccnstitate the contract.
The :ontractor hereby agrees to commence work .order this contract on or before a date to be specified :n a
written. "Nonce to Proceed ' of the Owner and to fuay corr.alete the project within 45 consecutive calendar clays
thereafter. The Contractor further agrees :o pay. as liquidated damages. the sun•, of $ 250.30 for each : ansecu-
uve calendar day thereafter as hereinafter-..mv:ded :r Paragraph :9 of the General Conditions.
The OWNER mines t:, :ay the ' CAN _RACTCR it crrent finds for the performance of the contract, sutiect to
additions and :educt:nns. a: p: nv;eed in :he General Cend.t:ors rf the Contract, and to make payments cn account
thereof as p:ovtded in Parag-aph 25. "Payments to Contractor."cf the General Conditions.
2'.
IN WITNESS WHEREOF, the parties to these presents have executed this contract i six (6) counterparts, each
of which shall be deemed an original, in the year and day first above mentioned.
(Seal)
ATTEST:
(Secretary)
g1t
(Seal)
(Witness)
(Witness)
By
LE
.City of Favetthville. AR.
(owner
Mayor
(Title)
SSI, Inc. of Nor
twest Arkansas
(Con rmc
r)
T3mo
A. Ha
el -I N- '�
r
Vice
Presiden_
" j^ a ✓
.
(Title)
P.O. Box
824, Spr
ngdalLe f;. R /276S``
(Address and ZI
NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest.
p Code)
HUD -4238-F (6-66) 1I GPO 669.380
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.
K
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
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.
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
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.
26
5. Materials, Services, and Facilities -
(a) It is understood that except as otherwis specifically stated
in the Contract Documents, the Contracto shall provide and
pay for all materials, labor, tools, equ pment, water, light,
power, transportation, superinte dence, ' 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 pecified time.
(b) Any work necessary to be performed of er regular working
hours, on Sundays or Legal Holidays, shall be performed
without additional expense to the Owner.
6. Contractor's Title to Materials
7
L
No materials or supplies for the work shall b
Contractor or by any Subcontractor subject to
or under a conditional sale contract or other
an interest. is retained by the seller. The
that he has good title to all materials and s
in the work, free from all liens, claims or e
Inspection and Testing of Materials
(a) All materials and equipment used in the
project shall be subject to adequate ins
in accordance with accepted standards.
inspection agency shall be selected by t
will pay for all laboratory inspection
not as part of the contract.
purchased by the
y chattel mortgage
reement by which
ntractor warrants
lies used by him
nstruction of. the
ction and testing
The laboratory or
Owner. The Owner
rvice direct, and
(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 esitablish conformance
with specifications and suitability for ties intended.
"Or Equal" Clause
Whenever a material, article, or piece of equi
on the plans or in the specifications
manufacturer's or vendor's names, catalogue nu
intended merely to establish a standard;
article, or equipment of other manufacturers
will perform adequately the duties imposed by
will be considered equally acceptable prov
article, or equipment so proposed is, in t
Architect/Engineer, of equal substance.and fun
be purchased or installed by the Contra
Architect/Engineer's written approval.
>ment is identified
by
reference to
nbers,
etc., it is
ind,
any material,
and
vendors which
:he
general design
.ded
the material,
me opinion
of the
:tion.
It shall not
:tor
without the
27
9. Patents
(a) The Contractor shall hold and save the Owner and its
officers, agents, servants, and employees harmless from
liability of any nature or kind, including cost and expenses
for, or on account of, any patented or unpatented invention,
process, article, or appliance manufactured or used in the
performance of the contract, including its use by the Owner,
unless otherwise specifically 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 in connection with work agreed
to be performed under this contract, and shall indemnify the
Owner for any cost, expense or damage which it may be obliged
to pay by reason of such infringement at any time during the
prosecution of the work 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.
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.
28
11
12
Contractor's Obligations
The Contractor shall and will, in good workma:
perform all work and furnish all supplii
machinery, equipment, facilities, and means
otherwise expressly specified, necessary or p:
complete all the work required by this contra,
herein specified, in accordance with the
contract and said specifications and in accori
and drawings covered by this contract, any a]
plans and drawings, and in accordance with thi
Architect/Engineer as given from time to time
of the work. He shall furnish, erect, mainta
construction plant and such temporary works a;
alike manner, do and
s and. materials,
except as herein
oper to perform' and
't, within the time
provisions of this
ance with the plans
d all supplemental
directions of the
during the progress
n, and remove such
may be required.
The Contractor shall observe, comply with, an be subject to all
terms, conditions, requirements, and limitati ns of the contract
and specifications, and shall do, carry on and complete the
entire work to the satisfaction of the Archit ct/Engineer and the
Owner.
Weather Conditions
In the event of temporary suspension of work
weather, or whenever the Architect/Engineer
Contractor will, and will cause his subcont
carefully his and their work and materials
injury- from the weather. If, in the
Architect/Engineer, any work.. or materials sha
or injured by reason of failure on the part o
any of his subcontractors so to protect his w
shall be removed and replaced at the expense
13. Protection of Work and Property - Emergency
The Contractor shall at all times safely
property from injury or loss in connection wi
shall at all times safely guard and protect h
of adjacent property from damage. The Contra,
make good any such damage, loss, or injury un
directly by errors contained in the contract
his duly authorized representatives.
In case of an emergency which threatens
property, and/or safety of life, the Contract
act, without previous instructions from the.A
a diligent manner. He shall notify the
immediately thereafter. Any claim for c
Contractor due to such extra work shall be pr
the Architect/Engineer for approval.
or during inclement
shall direct, the
actors to, protect
against damage or
opinion of the
1 have been damaged
the Contractor or
rk, such materials
f the Contractor.
guard the Owner's
h. this contract. He
s own work, and that
tor shall replace or
ess such be caused
r by the Owner, or
loss. or injury of
r will be allowed to
chitect/Engineer, in
Architect/Engineer
mpensation by the
mptly submitted to
Where the Contractor has not taken action bu -has notified the
Architect/Engineer of an emergency threatenin injury to persons
or damage to the work or any adjoining proper y, he shall act as
instructed or authorized by the Architect/Engineer.
18. Extras
Without invalidating the contract, the owner may order extra work
or make changes by altering, adding to or deducting from the work,
the contract sum being adjusted accordingly, and the consent of
the Surety being first obtained, where necessary or desirable.
All the work of the kind bid upon shall be paid for at the price
stipulated in the proposal, and no claims for any extra work or
materials shall be allowed unless the work is ordered in writing
by the Owner or its Architect/Engineer, acting officially for the
Owner, and the price is stated in such order.
19. Time for Completion and Liquidated Damages
It is hereby understood and mutually agreed, by and between the
Contractor and the Owner, that the date of beginning and the time
for completion as specified in the contract of the work to be done
hereunder are ESSENTIAL CONDITIONS of this contract; and it is
further mutually understood and agreed that the work 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 time to time by the Owner from
current periodical estimates.
31
The amount of reimbursement claimed by the Co tractor on account
of any emergency action shall be determined ir the manner provided
in Paragraph 17 of the General Conditions. I.
14.Inspection
15.
16
17
The authorized representatives and agents of
Housing and Urban Development shall be permit,
work, materials, payrolls, records of per:
materials, and other relevant data and record:
Reports, Records, and, Data
I
The, Contractor shall submit tothe Owner
quantities and costs, progress schedules,
estimates, records, and other data as the
concerning work performed or to be performed t
4
Superintendence by Contractor
At the site of the work the Contractor shall
superintendent or foreman who shall have full
the Contractor. It is understood that such
be acceptable to the Architect/Engineer; and s
be continued in that capacity for the part
unless he ceases to be on the Contractor's pa
Changes in Work
No changes in the work covered by the approv
shall be made without having prior written a
Charges or credits for the work covered by
shall be determined by one or more, or a
following methods:
the Department of
ed to inspect all
onnel, invoices of
such schedules of
payrolls, reports,
Owner may request
nder this contract.
ploy a construction
uthority to act for
presentative shall
11 be one who can
ular job involved
oil.
Contract Documents
'oval of the Owner.
ie approved change
!ombination of the
(a) Unit bid price previously approved.
(b) An
agreed lump sum.
(c) The
actual cost of:
1.
Labor, including foreman;
2.
Materials entering permanently into
he work;
3.
The ownership or rental cost of cons
ruction plant and
equipment during the time of use on
he extra work;
4.
Power and consumable supplies for th
operation of power
equipment;
5.
Insurance;
6.
Social Security and old age
and unemployment
contributions.
To the cost under (c) there shall be adde
agreed upon but,not to exceed fifteen per
actual cost of the work. The fee shall
cover the cost of supervision, overhead,
any other general expenses.
I a fixed fee to be
:ent (15%) of the
)e compensation to
bond, profit, and
30
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 but not
restricted to, acts of God, or of the public enemy, acts of
the Owner, acts of another Contractor in the performance of a
contract with the Owner, fires, floods, epidemics, quarantine
restrictions, strikes, freight embargoes, and severe weather;
and
(c) To any delays of Subcontractors or suppliers occasioned by
any of the causes specified in subsections (a) and (b) of
this article.
Provided, further, that the Contractor shall, within ten
(10) days from the beginning of such delay, unless the Owner shall
grant a further period of time prior to the date of final
settlement of the contract, notify the Owner, in writing, of the
causes of the delay, who shall ascertain the facts and extent of
the delay and notify the Contractor within a reasonable time of
its decision in the matter.
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.
32
21.
22
23
Subsurface Conditions Found Different
Should the Contractor encounter subsurfa(
conditions at the site materially differing f:
the Plans or indicated in the Specifications,
give notice to the Architect/Engineer of sucl
they are disturbed. The Architect/Engine(
promptly investigate the conditions, and if 1
materially differ from those shown on the Plat
the Specifications, he will at once make such
and/or Specifications as he may.find necessar;
decrease of cost resulting from such changes 1
manner provided in Paragraph 17 of the Genera.
Claims for Extra Cost
No claim for extra work or cost shall be allo
was done in pursuance of a written order of t
approved by the Owner, as aforesaid, and the
the first estimate after the changed or extra
work is performed under the terms of subpara
General Conditions, the Contractor shall
bills, payrolls, and vouchers covering all it
requested by the Owner, give the Owner access
thereto.
Right of the Owner to Terminate Contract
In the event that any of the provisions of
violated by the Contractor, or by any of his
Owner may serve written notice upon the Contra
of its intention to terminate the contract
contain the reasons for such intention to tern
and unless within ten (10) days after the sere
upon the Contractor, such violation or dela
satisfactory arrangement of correction be
shall, upon the expiration of said ten (10
terminate. In the event of any such terminati
immediately serve notice thereof upon the
Contractor, and the Surety shall have the righ
perform the contract; Provided, however, that
not commence performance thereof within ten
date of the mailing to such Surety of notice o
Owner may take over the work and prosecute the
by contract or by force account for the accoun
of the Contractor, and the Contractor and hi
liable to the Owner for any excess cost oc
thereby, and in such event the Owner may take
utilize incompleting the work, such material
plant as may be on the site of the work and ne
e and/or latent
om those shown on
he shall immediately
conditions before
r will thereupon
e finds that they
s or indicated in
changes in the Plans
any increase or
o be adjusted in the
• Conditions.
ed unless the same
e Architect/Engineer
laim presented with
work is done. When
raph 17(c) of the
urnish satisfactory
ms of cost and when
to accounts relating
this contract are
subcontractors, the
ctor and the Surety
, such A notices to
inate the contract,
ing of such notice
y shall cease and
made, the contract
days, cease and
on, the Owner shall
Surety and the
t to take over and
if the Surety does
10) days from the
f termination, the
same to completion
and at the expense
Surety shall be
asioned the Owner
possession of and
appliances, and
essary therefor.
33
24. Construction Schedule and Periodic Estimates
Immediately after execution and delivery of the contract, and
before the first partial payment is made, the Contractor shall
deliver to the Owner an estimated construction progress schedule
in form satisfactory to the Owner, showing the proposed dates of
commencement and completion of each of the various subdivisions of
work required under the Contract Documents and the anticipated
amount of each monthly payment that will become due the Contractor
is accordance with the progress schedule. The Contractor shall
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
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%) of the amount of each estimate
until final completion and acceptance of all work covered by
this contract: Provided, that the Contractor shall
submit his estimate not later than the first day of the
month; Provided, further, that the Owner at any time
after seventy five percent (75%) of the work has been
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.
(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 Right to Withhold Certain Amounts and Make
Application Thereof: The Contractor agrees that he will
indemnify and save the Owner harmless from all claims growing
out of the lawful demands of subcontractors, laborers,
workmen, mechanics, materialmen, and furnishers of machinery
and parts thereof, equipment, power tools, and all supplies,
including commissary, incurred in the furtherance of the
performance of this contract. The Contractor shall, at the
Owner's request, furnish satisfactory evidence that all
obligations of the nature hereinabove designated have been
34
26
27.
paid, discharged, or waived. If the Con
so, then the Owner may, after having ser
the said Contractor, either pay unpaid b
Owner has written, notice, direct, or
Contractor's unpaid compensation a s
reasonably sufficient to pay any and all
until satisfactory evidence is furnished
have been fully dischargedwhereupon
Contractor shall be resumed, in accordan
this contract, but in no event shall the
sentence be construed as to impose any 0
Owner to either the Contractor or his Su
unpaid bills of the Contractor, the Owne
agent of the Contractor, and any payment
shall be considered as a payment made un
the Owner to the Contractor and the Owne
to the Contractor for any such payments
tractor fails to do
✓ed written notice on
ills, of which the
withhold from the
um of money deemed
such lawful claims
that all liabilities
payment to the
:e with the terms of
provision of this
bligations upon the
rety. In paying any
r shall be deemed the
so made by the Owner
9er the contract by
r shall not be liable
made in good faith.
Acceptance of Final Payment Constitutes Relea e
The acceptance by the Contractor of final pa ment shall be and
shall operate as a release to the Owner of 11 claims and all
liability to the Contractor for all things do a or furnished in
connection with this work and for every act nd neglect of the
Owner and other relating to or arising out of this work. No
payment, however, final or otherwise, shall o erate 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 transpo
services no later than the 20th day of
following that in which the services are ren
materials, tools, and other expendable equipm
ninety percent (90%) of the cost thereof, not
day of the calendar month following that in w
tools, and equipment are delivered at the sit
the balance of the cost thereof, not later
following the completion of that part of the
such materials, tools, equipment are incorpor,
to each of his subcontractors, not later
following each payment to the Contractor, the
allowed the 'Contractor 'on account of the wor
subcontractors to the extent of each subc
therein.
rtation and utility
the calendar month
5ered, (b) for all
!nt to the extent of
later than the 20th
iich such materials,
!of the project and
than the 30th day
work in or on which
ated or used, and (c)
than the 5th day
respective amounts
k performed by his
3ntractor's interest
35
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's liability insurance for the
protection of such of his employees as are not otherwise
protected.
(b) Contractor's Public Liability and Property Damage
Insurance and Vehicle Liability Insurance: The
Contractor shall procure and shall maintain during the life
of this 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 Damage
Insurance and Vehicle Liability Insurance: The
Contractor shall either Cl) 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) Scooe 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.
(e) Builder's Risk Insurance (Fire and Extended Coverage):
Until the project is completed and accepted by the Owner, the
Owner or Contractor (at the Owner's option as indicated in
the Supplemental General Conditions, Form HUD -4238-N) is
required to maintain Builder's Risk insurance (fire and
extended coverage) 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 Carriage of Insurance: The Contractor shall
furnish the Owner with certificates showing the type, amount,
class of operations covered, effective dates and date of
expiration of policies. Such 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 suit
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 caus
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 sun
and signed by
such
other surety or sureties as may be satisfactory
to the Owner.
The
premiums on such bonds shall be paid by t
e Contractor.
No
further payments shall be deemed due or shall
be made until
the
new surety or sureties shall have furnished
uch an acceptable
bond to the Owner..
37
31. Assignments
The Contractor shall not assign the whole or any part of this
contract or any moneys due or to become due hereunder without
written consent of the Owner. In case the Contractor assigns all
or any part of any moneys due or to become due under this
contract, the 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.
32. 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.
33. Separate Contract
The Contractor shall coordinate his operations with those of other
Contractors. Cooperation will be required in the arrangement for
the storage of materials and in the detailed execution of the
work. The Contractor, including his subcontractors, shall keep
informed of the progress and the detail work of other Contractors
and shall notify the Architect/Engineer immediately of lack of
progress or defective workmanship on the part of the Contractors.
Failure of a contractor to keep informed of the work progressing
on the site and failure to give notice of lack of progress or
defective workmanship by others shall be construed as acceptance
by him of the status of the work as being satisfactory for proper
coordination with his own work.
34. Subcontracting
(a) The Contractor may utilize the services of specialty
subcontractors 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.
38
35
36
1
(d) The Contractor shall cause appropriat
inserted in all subcontracts relative to
subcontractors to the Contractor by the
Conditions and other contract documents
to the, work of subcontractors and to giv
same power as regards terminating any s
Owner may exercise over the Contractor u
the contract documents.
(e) Nothing contained in this contract
contractual relation between any subcont
Architect/Engineer's Authority
The Architect/Engineer shall give all or
contemplated under this contract and specific
the execution of the work. The Architect/Eng
the amount, quality, acceptability, and fitn
kinds of work and materials which are to be p
contract and shall decide all questions
relation to said work and the construct
Architect/Engineer's estimates and decisions
conclusive, except as herein otherwise expr
case any question shall arise between the par
to said contract or specifications, the deter
of the Architect/Engineer shall be a conditio
right of the Contractor to receive any money
under this contract affected in any manner or
such question.
The Architect/Engineer shall decide the meani
portion. of the specifications and of any plan
the same may be found obscure or be in disput
or conflicts in regard to their work which ma
Contractor under this contract and other Co
work for the Owner shall be adjusted and
Architect/Engineer.
Stated Allowances
The Contractor shall include in his proposal'
stated in the Supplemental General Conditioi
shall purchase the "Allowed Materials" as dir'
the basis of -the lowest and best bid of at lei
bids. If the actual price for purchasing the
is more or less than the "Cash Allowance,"
shall be adjusted accordingly, The adjustment
shall be made on the basis of the pure
additional charges for overhead, profit, insui
incidental expenses. The cost of installatic
Materials" shall be included: in the applicab:
Contract Specifications covering this work.
provisions to be
the work to bind
erms of the General
nsofar as applicable
the Contractor the
bcontract that the
der any provision of
,shall create any
actor and the Owner.
ers and directions
tions, relative to
veer shall determine
ss of the several
id for under this
hich may arise in
on thereof. The
hall be final and
ssly provided. In
ies hereto irelative
ination or decision
precedent to the
r payment for work
to any extent by
g and intent of any
or drawings where
Any differences
arise between the
tractors performing
determined by the
F Y
he cash allowances
s. The Contractor
cted by the Owner on
st three competative
"Allowed Materials"
the contract price
in contract price
hase price without
ance or any other
n of the "Allowed
e sections of the
39
I.
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 part
thereof only such loads as
are consistent with the safety of that
portion of the work;
(d)
to clean up frequently all refuse,
rubbish, scrap materials,
and debris caused by his operations,
to the end that at all
times the site of the work shall present
a neat, orderly and
workmanlike appearance;
(e)
before final payment, to remove all
surplus material, false -
work, temporary structures, including
foundations thereof,
plant of any description and debris
of every nature resulting
from his operations, and to put the
site in a neat, orderly
condition;
(f)
to effect all cutting, fitting, or
patching of his work
required to make the same conform
to the plans and
specifications and,except with
the consent of the
Architect/Engineer, not to cut or otherwise
alter the work of
any other Contractor.
38. Quantities of Estimate
Wherever the estimated quantities of work to be done and materials
to be furnished under this contract are shown in any of the
documents including the proposal, they are given for 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.
40
1
40. General Guaranty
Neither the final certificate of payment nor
ny provision in
the
Contract Documents, nor partial or entir
occupancy of
the
premises by the Owner, shall constitute an ac
eptance of work
not
done in accordance with the Contract Docume
is or' relieve
the
Contractor of liability in respect to any ex
ress warranties
or
'responsibility for faulty materials or
workmanship.
The
Contractor shall remedy any defects in the wo
k and pay for
any
damage to other work resulting therefrom,
which shall appear
within a period of one year from the date of
inal acceptance
of
the work unless a longer period is specified.
The Owner will
give
notice of observed defects with reasonable pr
mptness.
41. Conflicting Conditions -
Any provision in•ahy of the Contract Document
which may be
in
conflict or inconsistent with any of the
aragraphs in these
General Conditions shall be void to the exten
of such conflict or
inconsistency.
42. Notice and Service Thereof
Any notice to, any Contractor from the Owner r
lative to any
part
of this contract shall be in writing and cons
dered delivered
and
the service thereof completed, when said no
ice is posted,
by
certified or registered mail, to the said Con
ractor 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 re
uired,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 correctl
inserted, then
upon
the application of either party
the contract"
shall forthwith
be
physically amended to make such
insertion or
orrection.
44. Protection of Lives and Health
"The Contractor shall exercise proper precaut
the protection of persons and property and s
for all damages to persons or property, eithe
which occur as a result of his prosecution
safety provisions of applicable laws and builq
codes, in addition to specific safety and
described by Chapter XIII, Bureau of Labor S
of Labor, Part 1518, Safety and Healt
Construction, as outlined in the Federal Regi
75, Saturday, April 17, 1971. Title 29 - Lab
and the Contractor shall take or cause
additional safety and health measures as the
may determine to be reasonably necessary."
on at all times for
all be responsible
on or off the site,
of the work. The
ing and construction
health regulations
andards, Department
Regulations for
ter, Volume 36, No.
r, shall be observed
to be taken,_ such
ontracting Authority
45. 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.
46. 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. 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, or
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 Na. 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.
LI
42
(f) In the event of the Contractor's no compliance with the
nondiscrimination clauses of this contract or "with any of
such rules, regulations, or orders, t is contract may be
cancelled, terminated, or suspended in hole or in part and
the Contractor may be declared ineligible for further
Government contracts or Federally -a sisted construction
contract, in accordance with proced res 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 o 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 provisi n of paragraphs (a)
through (g) in every subcontract or p rchase order unless
exempted by rules, regulations, or orde s of the Secretary of
Labor issued pursuant to Section 204 of Executive Order No.
11246 of September 24, 1965, so that su h Provisions will be
binding upon each subcontractor or ven or. The Contractor
will take such action with respect to any subcontract or
purchase order as the Arkansas In ustrial Development
Commission and Department of Housing a d Urban Development
may direct as a means of enforcing such provisions, including
sanctions for noncompliance: Provided, however,
V*, that in the event the Contractor become involved in, or is
threatened with, litigation with a subs ntractor or vendor as
a result of such direction by the Depar ment of Housing and
Urban Development, the Contractor may request the United
States to enter into such litigation to protect the interests
of the United States.
47.
nn
Interest of Member of or Delegate to Congre
No member of or Delegate to Congress, or R sident Commissioner,
shall be admitted to any share or part of th s contract- or to any
benefit that may arise therefrom, but this p ovision shall not be
construed to extend to this contract if made with a corporation
for its general benefit.
Other Prohibited Interests
No official of the Owner who is authorized i
behalf of the Owner to negotiate, make, acce
take part in negotiating, making, acceptin
architectural, engineering, inspection, cons
supply contract or any subcontract in
construction of the project, shall become di
interested personally in this contract or in
officer, employee, architect, attorney, engi
or for the Owner who is authorized in such c
of the Owner to exercise any legislative, e
or other similar fuctions in connection with
the project, shall become directly or
personally in this contract or in any part
supply contract, subcontract, insurance con
contract pertaining to the project.
such capacity and on
t, or approve, or to
or approving any
ruction or material
onnection with the
ectly or indirectly
any part hereof. No
eer or inspector of
pacity and on behalf
ecutive, supervisory
the construction of
ndirectly interested
ereof, any material
ract, or any other
43
I.
49. Use and Occupancy Prior to Acceptance by Owner
The Contractor agrees to the use and occupancy of a portion or
unit of the project before formal acceptance by the Owner,
provided the Owner:
(a) Secures written consent of the Contractor except in the
event, in the opinion of the Architect/Engineer, the
Contractor is chargeable with unwarranted delay in final
cleanup of punch list items or other contract requirements.
(b) Secures endorsement from the insurance -carrier and consent of
the surety permitting occupancy of the building or use of the
project during 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.
44
r
53
Overtime Compensation Required by Contract Wor
Standards Act (76 Stat. 357-360: Title 4
327-332)
(a) Overtime Requirements: No Contractor or
contracting for any part of the contra
require or involve the employment of lab(
including watchmen and guards, shall rep
laborer or mechanic in any workweek in wt
on such work to work in excess of 40 hour
unless such laborer or mechanic receives
rate not less than one and one-half time:
pay for all hours worked in excess of 40
week.
(b) Violation: Liability for Unpaid Wages L.
Damages. In the event of any violation c
set forth in paragraph (a), the Contra(
subcontractor responsible therefore shall
affected employee for his unpaid wages.
Contractor or subcontractor shall be lia
States for liquidated damages.Such lip
be computed with respect to each inc
mechanic employed in violation of the c:
paragraph (a), in the sum of 810.00 for (
which such employee was required or per
excess of the standard workweek of 40 hot
of the overtime wages required by the c:
paragraph (a).
(c) Withholding the Liquidated Damages. The
Agency or Public Body shall withhold or (
from any moneys payable on account of wo:
Contractor or subcontractor, such
administratively be determined to be nei
any liabilities of such Contractor of
liquidated damages as provided in the c.
paragraph (b).
(d) Subcontracts. The Contractor shall
subcontracts the clauses set forth in pai
(c) of this Section and also a CL
subcontractors to include these clauses
subcontracts which they. may enter int'
clause requiring this insertion in any !
that may in turn be made.
Hours and Safety
U.S.C., Sections
subcontractor
:t work which may
rers or mechanics,
ire or permit any
ich he. is employed
in such work week
compensation at a
his basic rate of
hours in such work
E the clause
tor and any other
be liable to any
In addition, such
Dle to the United
idated damages shall
ividual laborer or
ause set forth in
ach calendar day on
mitted to work in
rs without payment
ause set forth in
Local Public
ause to be withheld,
k performed 'by the
sums as may
essary to satisify
subcontractor for
ause set forth in
nsert in any
agraph (a), (b), and
use requiring the
in any lower tier
together with a
urther subcontracts
45
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 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
1
55
56.
57.1
prescribed in that program. In the
Apprenticeship and Training withdraws a
program, the Contractor will no ion
utilize trainees at less than the app
rate for the work performed until an a
approved.
(c) Equal' Employment Opportunity. The
apprentices, trainees and journeymen un
in conformity with the equal em
requirments of Executive Order No. 1124
CFR Part 30.
Employment of Certain Persons Prohibited
vent the Bureau of
proval of a training
er be permitted to
icable predetermined
ceptable program is
tilization of
er this part shall be
loyment opportunity
, as amended, and 29
No person under the age of sixteen (16)•year� old and no person
who; at the time, is serving sentence in a penal or correction
institution shall be employed on the w rk covered by this
contract.
Regulations Pursuant to So -Called "Anti -Kickback Act"
The Contractor shall comply with the applic ble regulations (a
copy of which is attached and herein incorpor ted by refrence) of
the Secretary of Labor. U.S. Department of L bor, 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 mo ifications thereof,
shall cause appropriate provisions to be inse ted in subcontracts
to insure compliance therewith by all su contractors subject
thereto, and shall be responsible for the sub ission of affidavits
required by subcontractors thereunder, except as said Secretary of
Labor may specifically provide for reas nable limitations,
variations, tolerances, and exemptions fr m the requirements
thereof.
Employement of Laborers or Mechanics Not List d in Aforesaid Wage
Determination Decision
Any class of laborers or mechanics which is n
determination and which is to be employed and
be classified or reclassified conforma
determination by the Local Public Agency o
report of the action taked shall be submitted
Agency or Public Body, through the Secretary
Development, to the Secretary of Labor, U.S.
In the event the interested parties cannot a,
classification or reclassification of a
laborers and mechanics to be used, the questi,
recommendation of the Local Public Agency or :
referred, through the Secretary of Housing ani
to the Secretary of Labor for final determina
of listed in the wage
er the Contract will
bly to the wage
r Public Body, and
by the Local Public
of Housing and Urban
Department of Labor.
;ree on the proper
particular class of
)n accompanied by the
?ublic Body shall be
I Urban Development,
Lion.
47
a
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
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 reported by 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.
48
62
M
Questions Concerning Certain Federal Statutes
All questions arising under this contract wt
application or interpretation of (a) the afoi
Act, (b) the Contract Work Hours and Safety St
aforesaid Davis -Bacon Act, (d) the regulati
Secretary of Labor, U.S.Department of Labor,
Acts, or (e) the labor standards provisions of
Federal statute, shall be, referred, througt
Agency or Public Body and the Secretary of
Development, to the Secretary of Labor, U.S. i
for said Secretary's appropriate ruling or
shall be authoritative and may be relied upon
this contract.
Payrolls and Basic Records of Contractor and
The Contractor and each subcontractor shall p:
on forms satisfactory to and in accordance wi
furnished by the Local Public Agency- or
Contractor shall submit weekly to the Loca
Public Body two certified copies.of all payro
and of the subcontractors, it being understool
shall be responsible for the submission of coi
all subcontractors. Each such payroll shall
Statement of Compliance'! set forth in Section
Code of Federal Regulations. The payrolls
records of the Contractor and each 'subcont;
laborers and mechanics.employed upon the .wo:
contract shall be maintained during the course
preserved for a period of 3 years thereafter.
basic payroll records shall contain the name
such employee, his correct classification, ra
rates of contribution or costs anticipated of
in Section 1 (b)(2) of the Davis -Bacon Act)
number of hours worked, deductions made, and
In addition, whenever theSecretary of Lab,
Section 5.5(a)(l)(.iv) of Title 29, Code of I
that the wages of any laborer or mechanic inc
any costs reasonably anticipated in providinu
plan or program described in Section 1(b)(2)(:
Act, the Contractor or' subcontractor shall ma
show that the commitment of provide such bene
that the plan or program has been communicates
laborers or mechanics affected, and records w:
anticipated or the actual cost incurred
benefits. The Contractor and each subcontrac
employment records with respect to persons ems
the work covered by this contract available
authorized representatives of the Secretary o.
Development, the Local Public Agency or Publi,
Department of Labor. Such representatives she
interview employees of the Contractor or any
working hours on the job.
S.
e .
and Regulations
ich relate, to. the
esaid Anti -Kickback
andards Act, (c) the
ons issued . by the
pursuant to said
any other pertinent
the Local Public
Housing and Urban
lepartment of Labor,
.nterpretation which
for the, purposes of
ubcontractors
epare his payrolls
h;,instructions to be
Public Body. The
Public Agency or
ls.of the Contractor
that the Contractor
les of payrolls of
ontain the "Weekly
3.3 of Title 29,
and basic ,payroll
actor covering all
k covered by this
of the work and
,Such payrolls and
nd address of each
e of pay (including
the types described
daily and weekly
actual wages paid.
r has found under
ederal Regulations,
udes the .amount of
benefits under a
of the Davis -Bacon
ntain records which
its is enforceable,
in writing to the
ich show the costs
in providing such
or shall make his
loyed by him upon
for inspection by
Housing and Urban
Body, and the U.S.
11 be permitted to
ubcontractor during
49
S.
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 to 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
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
the underemployed, and (2) insert or cause to be inserted the same
provision in each construction subcontract.
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.
50
J. S. DEPARTMENOF HOUSING AND URBAN DEVELOPMENT
SUPPLEMENTAL GENERAL CONDITIONS
1. Enumeration of Plans, Specifications and Addenda
2. Stated Allowances
3. Special Hazards
4. Public Liability and Property Damage Insurance
5. Photographs of Project
6. Schedule of Minimum Hourly Wage Rates (See also pages 59 thru 63)
;, Builder's Risk Insurance
8. Special Equal Cppertunity Provisions
9. Certification of Compliance with Air and Water Acts
10. Special Conditions Pertaining to Hazards, Safety Standards and
Accident Prevention
nuar23a-n (R;
'9-56;
t
II
SEE PLANS AND SPECIFICATIONS ATTACHED
1. ENUMERATION OF PLANS, SPECIFICATIONS AND ADDENDA
Following are the Plans, Specifications and Addenda which form a part of t)
Paragraph 1 of the General Conditions, "Contract and Contract Documents!
DRAWINGS
General Construction:
Heating and Ventilating:
Plumbing:
Electrical:
Nos
Is contract, as set forth in
p.
SPECIFICATIONS:
General Construction:
Page
to ,.
tact.
Heating and Ventilating:
to
tact.
,
Plumbing:
to ,
lad.
Electrical:
"
to
fncl
to ,
Inc 1,
to ,
Incl.
ADDENDA:
No. Date
No.
Da
e
No. Date
No.
Da
e
2. STATED ALLOWANCES
Pursuant to paragraph 36 of
the General Conditions,
the contractor shall
in
lode the following cash
allowances in his proposal:
(a) For
(Page
of
Specifications).
(b) For
(Page
_ of
Specifications)
(c) For
(Page
of
Specifications)
(d) For
(Page
of
Specifications)
(e) For
(Page
of
Specifications)
(f) For
(Page
of
Specifications)
3. SPECIAL HAZARDS
The Contractor's and his Subcontractor's Public Liability and Property Damage Insurance shall provide
adequate protection against the following special hazards:
Not Applicable ':a '.:is Project
¢• CONTRACTOR'S AND SUBCONTRACTOR'S PUBLIC LIABILITY, VEHICLE LIABILITY,
AND PROPERTY DAMAGE INSURANCE
As required under paragraph 28 of the General Conditions, the Contractor's Public Liability Insur-
ance and Vehicle Liability Insurance shall be in an amount not less than i * for in-
juries, including accidental death, to arty one person, and sub;ect to the same limit for each
amount
person, in an not less than i on account of one accident, and Contractor S
Property Danage Insurance in an mount rot less than $ _ *
*A7cunt cf Ccntract
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.
5. PHOTOGRAPHS OF PROJECT
As
provided
in paragraph 50
of
the General
Conditions,
the Contractor will
furnish photographs in
the
number,
type, and stage
as
enumerated
below:
Not Appli::abLe Ic This Pro'ect
6. SCHEDULE OF OCCUPATIONAL CLASSIFICATIONS AND MINIMUM HOURLY PAGE RATES AS RE-
QUIRED UNDER PARAGRAPH 52 OF THE GENERAL CONDITIONS
Given on ?ages 6: _ and vvcx
7. BUILDER'S RISK INSURANCE
As provided in the Genera] Conditions, paragraph 28(e), the Contractor )z]l/will note maintain
9rilder's Ilisl Insurance (fire and extended coverage) on a 100 percent completed value basis on
the insurable portions of the project for the benefit of the O.ner, the Contractor, and all sub-
contractors, as their interests may appear.
strike out one.
B. SPECIAL EQUAL OPPORTUNITY P°.CVISIONS
A. Activities and Contracts Not Subject to Executive Order 1121.6, as Amended
(Applicable to Federally assisted construction contracts and related
subcontracts under $10,C00)
During the performance of this contract, the contractor agrees as follows:
(1) The Contractor shall rot discriminate against any employee or applicant
for employment because of race, color, religion, sex, or national origin.
The Contractor shall take affirmative action to ensnare 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 rot be limited to, the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertsirg;
layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship.
(2) The Contractor shall post in conspicuous places, available to employees
and applicants for employment, notices to be provided by Contracting Officer
setting forth the provisions of this nondiscrimination clause. The
Contractor shall state that all qualified applicants will receive cons'_dera-
ticr. for employment without regard tc race, color, religion, sex, or national
origin.
(3) Contractors shall incorporate foregoing requirements in all subcontracts.
2. Contracts Subject to Executive Order 112;;6, as Amended
(Applicable to Federally assisted ccnstructicr. contracts and related subcon-
tracts exceeding $_0,000)
During the performance of this contract, the contractor agrees as follows:
(1) The Contractor will not d4scrirnnate against any employee or applicant
for employment because of race, color, religion, sex, or national origin.
The Contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard
to their race, color, religion, sex, or national origin. Such action shall
include, but rot be limited to, the following: employment, upgrading,
demotion, or transfer, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection
for training, including apprenticeship. The Contractor agrees to post in
conspicuous places, available to employees and applicants for employment,
notices to be provided by the contracting officer setting forth the pro-
visions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees
placed by or on behalf of the Contractor, state that all qualified appli-
cants will receive consideration for employment without regard to race,
color, religion, sex, or national origin.
54
(3) The Contractor will send to each labor union or representative of workers
with which he has a collective bargaining agreement or other contract or
understanding, a notice to be provided by the Contract Compliance Officer
advising the said labor union or workers' representatives of the Contrac-
tor's commitment under this section and shall post copies of the notice
in conspicuous places available to employees and applicants for employnert.
(u) The Contractor will conply with all provisions of Executive Order 112146 of
September 2L, 1965, and of the rules, regulations and relevant orders of
the Secretary of Labor.
(5) The Contractor will furnish all information and reperts required by
Executive Order 112!46 of September 2t, 1965, and by the rules, regulations,
and orders of the Secretary of Labor, or pursuant thereto, and will_ permit
access to his books, records, and accounts by the Department and the
Secretary of Labor for purposes of investigation to ascertain compliance
with such rules, regulations, and orders.
(6) In the event of the contractor's noncompliance with the nondiscrimination
clauses of this contract, or with any of such rules, regulations, or orders,
this contract may be canceled, terminated or suspended in whole or in part,
and the Contractor may be declared ineligible for further GOverrrient con-
tracts or federally assisted construction contract procedures authorized
in Executive Order 11216 of September 214, 1965, or by rule, regulation, or
order of the Secretary of Labor, cr as otherwise provided by law.
(?) "he Contractor will include the portion of the sentence immediately pre-
ceding paragraph (1) and the provisions of paragraph (1) through (7) in
every subcontract or purchase order unless exempted by rules, regulations,
or orders of the Secretary of Labor issued pursuant to Section 204 of
Executive Order 112146 of September 2i, 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 cr vendor as a result of such direction by the Department,
the Contractor may request the United States to enter into such litigation
to protect the interest of the United States.
C. Hone town or Imposed Plans
In areas where a hometown plan cr imposed plan is operative, the Community
Development Block Grant Recipient must contact the appropriate HUD Equal
Opportunity Cffice for specific instructions.
55 J
D. "Section
a:
in the Provision
ant and Business
During the performance cf this contract, the contractor agrees as follows:
(1) The contractor egress to conply with the requirements of Section 3 of the
Housing and Urban Development Act of 1968 ;12 USC 170(u), as amended, the
HUt regulations issued pursuant thereto at 24 "FR Part 135, and any appli-
cable rules and orders of :H issued thereunder.
(2) The "Section 3 clause" set forth in 24 OF? 135.20(b) shall fora part of
this contract, as set forth in Paragraph 1 of the General Conditions,
"Contract and Contract Documents".
(3)
Contractors shall incorporate
the "Section 3 clause" shown below and the
foregoing requirements
in all
subcontracts.
Section 3 Clause as Set Forth in 21j CFR 135.20(b)
A The work to be performed under
this contract is on a project imitated un-
der a program providing direct Federal
financial assistance from the Depart-
ment of Housing and Urban Develop-
ment and is subject to the reg41remente
of section 3 of the Housing and Urban
Development Act of I9ee, aa amended. 17
U 8 C 1101u. Section 3 requires that to
the greatest extent feasible oppo tuni-
ties for training and employment be
given lower Income residents of the
project ant and contracts for work in
connection with the project be awarded
to business concerns which an located
In. or owned in mubetit flat part by pe-
smu teedi ng in the area of the project.
B The nartia to this contract will
Comply with the provt•lots of maid sec.
Han 3 and the regulations Issued pursu.
ant thereto by the Secretary of Housing
end Urtyp Develorment set forth in 74
r'FR I , and all onpllrable rules and
orders of the Department Issued then -
under prior to the execution of this aon-
•ract The partl•s t, this contract certify
•oJ agree that they Pre under no con-
tractual or other disabi lt7 which would
_reve,t them from complying with thew
requirements.
C no eontr. ctor will send to each la-
bor org'nintion rr repnmattative of
workers with whlah he has a oollecUve
bargaln•ne agreement or other contract
or understanding if any, a notice advim-
Ing the said la`or oreanlration or work -
en' renresentarive of his commitments
under this section 3 e:aun and &hall post
copies of the notice In conspicuous place&
available to employee& and applicants for
em-Ioyment or trstning
D. The contractor will include this
section 3 clause In every subcontract for
work to connection with the project and
will, at the direction at the applicant
for or recipient of Federal finanrelel aa-
ststance. take appropriate action pursu-
ant to the subcontract upon a finding
that the subcontractor it in violation of
regulations lesued by the Secretary y of
Housln1d Urban Development,24
CFR �-� 7TP contractor will not sub-
contract with any subcontractor where
It has notl me or kn,eledge that the letter
has been found in Tw1tlmt of nqusa-
tlons under 24 CFR and will not
let any subcontract unless the subcon-
tractor has tint Provided It with a pre-
limi.iary statement of ability to comply
with the requirement& of these refu-
iatiens
E. Compliance with the provisions of
aectlo>j?oeh- regulations set forth in 24
CFR — a -d sit anpllcsble rules and
orders of the Department issued there.
under prior to the execution of the con-
tract, shall be a condition of the Federal
financial asslatanee provided to the proj-
ect, binding upon the applicant or reap.
lent for rich salstence. Its sueeeeors,
and assigns. Failure to fulfill thew re-
quirements shall subject the applicant or
recipient. 14 contractors and subcontrac-
tan. Its successors. and assign to than
sanctions specified by the grant or loan
agreement or contract through which
Federal assistance is provided. and to
such •ap�tjons as ara specified by 34
CrR
56
q, CERTUFICA7ION OF COMPLIANCE WITH AIR AND WAR ACTS
(Applicable to Federally assisted constructicn contracts and related
subcontracts exceeding $100,000)
Ccnpliance with Air and Water Acts
During the perfcrmance of this contract, the contractor and all subcon-
tractors shall conply with the require rents of the Glean Air Act, as amended,
1,2 USC 1857 at seq., the Federal Water Pollution Control Act, as amended,
33 USC 1251 et seq., and the regulations of thA Environmental Protection
Agency with respect thereto, at 40 MFR Part 15, as amended.
In addition to the foregoing requirements, all nonexempt contractors and
subcontractors shall furnish to the owner, the following:
(1) A stipulation by the contractor or subcontractors, that any facility
to be utilized in the perfcrnance of any nonexempt contract or sub-
contract, is not listed on the List of Violating Facilities issued by
the Environmental Protection Agency (EPA) pursuant to 4C CFR l>".20.
(2) Agreement by the contractor to conply with all the requirements of
Section 114 of the Clear. Air Act, as amended, (12 USC 1857c-8) and
Section 308 of the Federal Water Pollution Control Act, as amended,
(33 USC 1318) relating to inspection, monitoring, entry, reports and
information, as well as all other requirements specified in said
Section 114 and Section 308, and all regulations and guidelines issued
thereunder.
(3) A stipulation that as a condition for the award of the contract, prompt
notice will be given of any notification received from the Director,
Office of Federal Activities, EPA, indicating that a facility utilized,
or to be utilized for the contract, is under consideration to be listed
on the EPA List of Violating Facilities.
(4) Agreement by the Contractor that ha 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 3overnnent may direct as a sans of enforcing
such provisions.
4
I
57
A. Lead -Based Paint Hazards
(Applicable to contracts £cr construction or rehabilitation of residential
structured)
The construction or rehabilitation of residential structures is subject
to the HUD Lead -Based Paint regulations, 21, CF?. Part 35. The Ccntractor
and Subcontractors shall comply with the provisions for the elimination
of lead -base paint hazards under sub -part B of said regulations. The
Owner will be responsible for the inspections and certifications required
under Section 35.1u(f) thereof.
B. Use of Explosives (Modify as Required)
When the use of explosives is necessary for the prosecution of the work,
the Contractor shall observe all local, state and Federal laws in purchasing
and handling explosives. The Contractor shall take all necessary precaution
to protect completed work, neighboring property, water lines, or other under-
ground structures. Where there is danger to structures 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 owners of public utility property of
intention to use explosives at least eight hours before blasting is done,
close to such property. Any supervision or direction of use of explosives
by the Engineer, does not in any way reduce the responsibility of the
Contractor or his Surety for damages that may be caused by such use.
C. Danger Signals and Safety Devices (Modify as Required)
The Contractor shall make all necessary precautions to guard against
damages to property and injury to persons. He shall put up and maintain
in good condition, sufficient red or warning lights at night, suitable
barricades and other devices necessary to protect the public. In case
the Contractor fails or neglects to take such precautions, the Owner may
have such lights and barricades installed and charge the cost of this work
tc the Contractor. Such action by the Owner does not relieve the Contractor
of any liability incurred 'under these specifications or contract.
58 l
Federal Labor Standards Provisions
Applicability
The Project or Program to which the constn,ctio^ work covered by this
contract pertains is being assisted by the Lofted States of America and the
for owing racers' abor Standards Prov:Sion are incl..ded r this CortJaC1
curs,.art to the provisions acplicable Ic such Federal assistarce.
A. 1. (I) Minimum Wages. Al laborers and mechanics emp.oyed or work-
ng upon the site of the wo-k (or under the J^ ted States Hoairg Act of
1927 or under the Hous ng Act of 1949 n the ccrstructon or development
cf the project). wil pe paid uncond,tiorally and not less often than once a
week and without subsequent deduction or rebate on a^y account lexcep!
such payroll deductions as are perm red oy regular ons issued by me
Secretary of aocr uncle' me Copeland Act (29 CFP Part 3). the fu I amount
o' wages and bona fide fr nge oerefis for cash equivalents thereof) due at
t ne of payment conp,.ted at rates not less than those contaired r the
wage dele-mination of We Secretary of Labc- whit` is atac"ed ne'eto a^d
trade a part hereol. regardless o' any cont-acl•ral re atiors"•p which may
be alleged to exist betweer to dc^tractcr and such aborers and
necha^ cs Contributions made or costs reasonably anticipated for bona
fide it nge benefits .r^cer Secac^ 11bit21 of the Day s -Saco^ Act on behalf
of :abo•ers cr mec"anics are considered wages pad to sic" laborers or
necnan Cs subject to the prov s ons o' 29 CF95 5,a)(1)(v): also. regular
cone buttons made or costs rcurred 'or more than a week y period (but
rot less often man Qua-tteriyl ,.rder cans, funds, or p-ograms. which cover
the particular week y pencil are deened Ic be constructively made or
incurred during such weekly period.
Such aborers and mec^a^ics shall be paid L^e app-=- ate wage rate
and fringe benefits on the wage determ nation 'or the ciassification of work
actual y performed, without regard to sit II, except as provided ir 29 CFR
Pail 5 5(a1(4). Laborers or mechanics performing wo-k in more than one
c assi'Ical on may be compensated at the rate spec it ad 'or all classifica-
:,c'h 1C' Ire t ne acLally worked "herein: P-ovided. That the employer's pay-
-C I records accurate y set fort the time spent in each classification in
which work s performed. The wage determination (ircludirg ary additional
c•assi'icat on arc wage rates conformed under 29 CrR Part 55(aX1)(ii) and
the Davis -Bacon poster (WH-1221) sna I be costec a: ad times by the con-
tractor ard ts su ccctacicrs at the site of tre wcrK in a cmrert and
access:blet place where it can be easi y seer by the workers.
(ii) (a) Any class of laborers or nechanics wh ch :s not :.sited in the
wage de:erniraticr a^c w^ oh s IC be encioyec .rider the ccrtracl shall
ce class.f ec r. ccrfo-mance * t" L^e wage determination HUD shall
approve an acditional class•l caticr and wage rate and fringe benefits
terefo'e only when the tC low rg c' tena have been met
(1) The work to be performed by the c assificaaon requested is not
performed by a classifcatre^ in me wage de:erni^aticr. and
(2) The class ficaion is util zed i^ to area byte corstruction
dustry. and
(3) The proposed wage -ate. nclud ng ary bona fide range bene-
'its, bears a reasonable relationship to the wage rates contained in We
wage deternratic-.
(b) f the contractor and the aborers and mec"arics to be employed
•he c assi"cal on 9f knowr9. or their representatves, and HUD or its
desig-ee agree on the classification and wage rate inc uding to amount
desig-ated to- ln-ge benefits where appropriate). a report of the acton
ake^ shall be se -'t by HUD a' :ts designee to t`e Adm nistrator at the Wage
and Hour Civision, Emplcymert Stardards Adm.nrstration, U.S Depa-tnen!
o''adcr Washrgton. J C. 20210. The Administrator. or an authorized
representative. will apdreve. modify. or d sacprove every additions classifi-
cation action within 30 days of receipt and so advise HUD or its designee
or wil notify HLC o- its designee within the 30 -day period Nat additional
I me is necessary (Approved by the Cf.ce at Management and Budget
under OMB control number 215-&14C)
(c) Ir the event the co^tractor the '.aborers or mechan as to be
employed in Lie class% cater o- ter representatives and HUD or its
des ynee do not agree on L^e proposed classifcatior and wage rare
;inc uding ire amount desig^ated for fri^ge benefits. where approorate).
U.S. Department of Housing
and Urban Development r
HJD or is desigree shall refer the Questions •rcludirg they ewe of a I
nterested parties and the reccmmerdaton of HUD or its designee. to the
Administrator for detemi^ation Ire Administra:or, or an authorized repre-
sentative, will ssue a determination within 30 days of receipt and so advise
HUD or its designee or will notify HJO or its des gnee within Lie 30 -day
period that additiona, time is necessary (Apc'cved by the Office of Man-
agement and Budget under OMB Cortrol Number :215-0 ; 40;
(d) The wage rate (ircluding 'range benef is where appropria:e)
determired pursuant to subparagraphs (')(b) a' (c) of this paragraph. shall
be paid to al workers performing work in me classircation ,.r..der this con-
tract from We first day on which work is performed in the classification.
(10) Wherever the mrmum wage 'ate prescribed ir he contact 'or a
class or aborers or mechanics ncludes a fringe benefit wh ch is not
expressed as an hourly rate, the cortractor shall either pay the berefit as
sated l^ the wage determination or shall pay another Dona fide fringe
benefit or ar "tidy cash equ valert thereof.
(iv) 11 the contractor does not make payments to a trustee or of"er third
person, the contractor may consider as pan of the wages or ary laborer c -
mec`aric the amount of ary costs reasonably anticipated in providi^g
bona flee 'range benefs .rder a plan or program, Provided. That the
Secretary of Labor has tcurd, ,ipon the written request of t^e cortractor,
tat the applicable standards of the Davis -Bacon Ac: have been met The
Secretary of Labor may require the contractor to set aside in a separate
account assets for the meetirg of obligations under the plan or program.
(Approved by the Office of Managemert and Budget undo- OMB Cortrol
Number 1215.9140.)
2. Withholding. HUD or its designee shall upon its own action or upon
written request of an authorized representative of the Decartment of Labor
withhold or cause to be withheld from the contractor under the contract or
any other Federal contract with the same prime contractor or any other
Federal.y-assisted contract subject to Davis -Bacon preva ling wage
requirements, which is held by the same prime contractor so much a' the
accrued payments or advances as may be considered necessary :o pay
laborers ard mechanics. includ•ng apprentice% trainees and helpers.
employed by the contractor or any subcontractor the full amount a' wages
required by the contract In the event of failure to pay any laborer or
mec"aric. including any apprentice, trainee or helper, employed or working
on the s te 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 of owner,
take such action as may be necessary to cause the susperson of any
further payment advance, or guarantee of funds until such violatons have
ceased. HUD or its designee may. after w'itar 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. (q 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 ail laborers and
mectharics working at the site of the work or under the United States
Housing Act oil937, or under the Housing Act of 1949, n the construction
Cr development of the pr0jedt). Such records snail contain the name,
address, and social security number of each such worker, his or her cor-
rect classrficaton, hourly rates of wages paid (Including rates of contrbu-
tons or costs anticipated for bona fide fringe benefit, or cash equivalents
thereof of the types descrbed in Section 1)(2X8) of the Davis -b; con Act.
daily and weekly number of hours worked, deductions made and actual
wages paid. Whenever the Secretary Cl Labor has found under 29 CFR 5.5
(aX1 Xiv) that the wages of any laborer or mechanic include the amount of
any costs reasonably antcipaled in providing benafs under a plan or pro-
gram described in Section 1(bX2XB) of the Davis- Bacon Act the contractor
shall maintair records which show that the commitment to provide such
Previous Edition is Cbsolets 59 HUD -010 (2-84)
IHB 1344.1)
benefits is enforceable, that the plan or program is financially responsible,
and that the plan or program has been communicated in writing to the
laborers or mechanics affected, and records which show the costs antici-
pated or the actual cost incurred in providing such benefits. Contractors
employing apprentices or trainees under approved programs shall 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 Management and Budget under OMB Control
Numbers 1215-0140 and 1215.1017.)
(ii) (a) The contractor shall submit weekly for each week in which any
contract work is performed a copy of all payrolls to HUD or its designee if
the agency is a party to the contract but if the agency is not such a parry,
the contractor will submit the payrolls to the applicant sponsor, or owner,
as the case may be, for transmission to HUD or its designee. The payrolls
submitted shall set out accurately and completely all of the information
required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information
may be submitted in any form desired. Optional Form WH-347 is available
for this purpose and may be purchased from the Superintendent of Docu-
ments (Federal Stock Number 029-005-00014-1), U.S. Government Printing
Office, Washington, DC. 20402. The prime contractor is responsible for the
submission of copies of payrolls by all subcontractors. (Approved by the
Office of Management and Budget under OMB Control Number
1215-0149.)
(b) Each payroll submitted shall be accompanied by a "Statement of
Compliance." signed by the contractor or subcontractor or his or her agent
who pays or supervises the payment of the persons employed under the
contract and shall certify the following:
e (1) That the payroll for the payroll period contains the information
required to be maintained under 29 CFR Part 5.5 (a)(3)(i) and that such
information is correct and complete:
(2) That each laborer or mechanic (including each helper,
apprentice, and trainee) employed on the contract during the payroll period
has been paid the full weekly wages earned, without rebate, either directly
or indirectly, and that no deductions have been made either directly or indi-
rectlyfrom the full wages earned, other than permissable deductions as set
forthin29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the
applicable wage rates and fringe benefits or cash equivalents for the clas-
sication of work performed, as specified in the applicable wage determina-
tion incorporated into the contract
(c) The weekly submission of a property executed certification set
forth on the reverse side of Optional Form WP -347 shall satisfy the
requirement for submission of the "Statement of Compliance' required by
paragraph A.3.(ii)(b) of this section.
(d) The falsification of any of the above certifications may subject the
contractor or subcontractor to civil or criminal prosecution under Section
1001 of Title 18 and Section 231 of Title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required
under paragraph A.3.(i) of this section available for inspection, copying, or
transcription by authorized representatives of HUD or its designee or the
Department of Labor, and shall permit such representatives to interview
employees during working hours on the job. If the contractor or subcon-
tractor fails to submit the required records or to make them available, HUD
or its designee may, after written notice to the contractor, sponsor, appli-
cant or owner, take such action as may be necessary to cause the sus-
pension of any further payment advance, or guarantee of funds. Further-
more, failure to submit the required records upon request or to make such
records available may be grounds for debarment action pursuant to 29
CFR Part 5.12.
4. (i) Apprentices and Trainees. Apprentices. Apprentices will be per-
mitted to work at less than the predetermined rate for the work they per-
formed when they are employed pursuant to and individually registered in a
bona fide apprenticeship program registered with the U.S. Department of
Labor, Employment and Training Administration, Bureau of Apprenticeship
and Training, or with a State Apprenticeship Agency recognized by the
Bureau, or if a person is employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship program, who is
not individually registered in the program, but who has been certified by the
Bureau of Apprenticeship and Training or a State Apprenticeship Agency
(where appropriate) to be eligible for probationary employment as an
apprentice. The allowable ratio of
in any craft classification shall no
contractor as to the entire work k
worker listed on a payroll at an al
or otherwise employed as stated
applicable wage rate on the wag'
work actually performed. In additi
the job site in excess of the ratio
shall be paid not less than the ap
nation for the work actually perfo
construction on a project in a loc
registered, the ratios and wage re
neyman's hourly rate) specified it
tered program shall be observed.
less than the rate specified in the
level of progress, expressed as a
specified in the applicable wage
fringe benefits in accordance wit
program. If the apprenticeship pr
apprentices must be paid the full
wage determination for the applic
determines that a different practic
classification, fringes shall be pai
the event the Bureau of Apprenti'
ticeship Agency recognized by U
apprenticeship program, the con
apprentices at less than the appl
performed until an acceptable pr
(ii) Trainees. Except as prov
permitted to work at less than th'
formed unless they are employe'
a program which has received p
cation by the U.S. Department of
stration. The ratio of trainees to j,
greater than permitted under the
Training Administration. Every trn
specified in the approved progra
expressed as a percentage of th
applicable wage determination.'
accordance with the provisions
gram does not mention fringe bii
amount of fringe benefits listed c
Administrator of the Wage and h
apprenticeship program associa
wage rate on the wage determir
fringe benefits for apprentices. A
trainee rate who is not registerei
approved by the Employment ar
less than the applicable wage ra
actually performed. In addition, e
in excess of the ratio permitted t
not less than the applicable wag
work actually performed. In the
istration withdraws approval of e
longer be permitted to utilize trai
mined rate for the work perform'
approved.
(iii) Equal employment opp
trainees and journeymen under
equal employment opportunity r
amended, and 29 CFR Part 30.
5. Compliance with Copelanc
comply with the requirements o'l
reference in this contract
6. Subcontracts. The contrac
contracts the clauses contained
other clauses as HUD or its des
require, and also a clause requi
clauses in any lower tier subcoi
responsible for the compliance
tractor with all the contract clau
apprentices to journeymen on the job site
be greater than the ratio permitted to the
ce under the registered program. Any
Drentice wage rate, who is not registered
bove, shall be paid not less than the
determination for the classification of
n, any apprentice performing work on
ermitted under the registered program
fixable wage rate on the wage determi-
ned. Where a contractor is performing
lity other than that in which its program is
es (expressed in percentages of the jour -
the contractor's or subcontractor's regis-
Every apprenctice must be paid at not
egistered program for the apprentice's
>ercentage of the journeymen hourly rate
etermination. Apprentices shall be paid
the provisions of the apprenticeship
gram does not specify fringe benefits,
amount of fringe benefits listed on the
able classification. If the Administrator
prevails for the applicable apprentice
in accordance with that determination. In
eship and Training, or a State Appren-
3 Bureau, withdraws approval of an
actor will no longer be permitted to utilize
able predetermined rate for the work
gram is approved.
led in 29 CFR 5.16, trainees will not be
predetermined rate for the work per -
pursuant to and individually registered in
or approval, evidenced by formal certifi-
abor, Employment and Training Admini-
urneymen on the job site shall not be
Nan approved by the Employment and
nee must be paid at not less than the rate
n for the trainee's level of progress,
journeyman hourly rate specified in the
rainees shall be paid fringe benefits in
f the trainee program. If the trainee pro-
iefits, trainees shall be paid the full
i the wage determination unless the
)ur Division determines that there is an
ad with the corresponding journeyman
ton which provides for less than full
iy employee listed on the payroll at a
and participating in a training plan
I Training Administration shall be paid not
a on the wage determination for the work
iy trainee performing work on the job site
ider the registered program shall be paid
rate on the wage determination for the.
rent the Employment and Training Admin-
training program, the contractor will no
lees at less than the applicable predeter-
d until an acceptable program is
thy. The utilization of apprentices.
part shall be in conformity with the
rements of Executive Order 11246, as
t requirements. The contractor shall
CFR Part3 which are incorporated by
or subcontractor will insert in any sub -
29 CFR 5.5(axl) through (10) and such
tee may by appropriate instructions
g the subcontractors to include these
icts. The prime contractor shall be
any subcontractor or lower tier subcon-
3 in 29 CFR Pan 5.5.
60
7. Contract. larmInalion; debarment A treach of lire contract clauses in
29 :FP 5.5 may be grounds for terniration cf the c:rtracl and low debar -
Meat as a contractor and a subcontractor as provided n 29 CFR 5 12
8. Compliance with Davie -Bacon and Related Act Requirements. Al ru,-
ings and interpretations of the Cans -Saco- and Related Acts contained i-
29 CFR Darts 1. 3. and 5 are herein incorporated by reference n this
contract.
9. Disputes concerning labor standards Disputes arising out othe labor
standards provrslors of tors contract sha I rot be subject to the general
d•sp..tes cause o' this ccrtract Such disputes shal be rest ved ih acco--
dance w th the procedures of the Department of Labor set forth in 29 CcR
Para 5.6. and 7. Disputes with r the mean rg of this: a,.se incude cis-
o.tes between re contractor or ary of is subcor.-ractors) arc HJD or is
desyree, the U S. Department of tabor, or the erpl:yees c' the r
re0resentatives.
10. Of Certification of Eligibility. By erte-irg rto thus contact :he con-
:racto- certifies that neither R (no' he or she: nor ary persor I rn who
has an nle-esl in tie contractor's firm s a person or 'in vie igib a to to
awarded Government co -tracts ty virtue of Section 3(a; o' the Davis -
Bacon Act or 29 CFR 5.- 2ia)111 or to be awarded HLC contracts or partci-
oale n HUD programs pursuant 10 24 CFR Part 24
(Iii No part 01 :cis co -tract sha'I be supcortracted 1: any person or him
irelig•ble for award of a Government cc^tract by virtue of Secao" 3(a) of
'he Davis -Bacon Act or 29 CFP 5 2;a)(t) or to be awarded HLC ce-tracts
0' pan cipale in MUD programs pursLanl t:24 CFR Pa^. 24
(1i The banally to macirc 'alse satemerts s press ,bet :he U S.
Cnmra, Coce. • 8 L'S C 1001 Addil oval y U.S Cr meal Code. Sect on
C T tie 18 J.S.C., "Federal Housing Admmsl-aton transactic^s , pro-
vides in part'"N"oeve'. for 1"e pLrpose 0'. Int Lancing in any way the
actor of such Admristratcr. makes. ..hers or pup istes any statemert
Knowing vie sane t : be false.. shall be firec no: more than $5,000:r
n0- scree not more the^ two years, or Dctf
11. Complaints, Proceedings. or Testimony by Employees. no aborer or
mechan c to whom l' a wage salary, or other abor standards provisions of
this Contact are appi cable shall tie d sc"arggec 0' it ary otrer manner
discr n nated agars: :y the Contactor or any sudcprlracto- because such
emp:oyee has riled any :cmpia nl or inst tu-eC caused 'o De rust tutee
ary proceed rg or has testi'ied or s about to testi'y ,n any proceed ng
,urder or relating tc the abor sat,:arcs as icabe under this Ccr.Irac.!o
"is employer
B Contract Work Hours and Safety Standards Act As .;sed in t^.s para-
graph, the terms "aborers and "mechan cs •'C Lde watchmer and
guards.
(1) Overtime requirements No contractor or subcontractor contracting
for any part o! the cont-act w:r.c wh cr may -equ re or nvolve the emplcy-
nent of laborers Cr mecranics shat require or oern t ary s..cr aborer or
nec^aril n ary WOrkweeK in whrc'l he or she is employed on such work
to via -K in excess of eight 'curs in any ca erdar day Cr in excess of icrty
hours in sus'- workweek unless such laborer or mechanic receives com-
pensaticr at a rate not less than one and one -ha? times the basic 'ate of
pay for al, hours worked n excess of eight hours in any calendar day or in
excess of forty hours in such workweek whichever is greater.
(2) Violation; 'lability for unpaid wages: liquidated damages. In the
event of any no atio- o' the clause set forth in subparagraph 11) of this
paragraph ire contractor and any subcontractor responsible therefor shall
be hatle 'or the unpaid wages In addition, s:.ch contractor and subcon-
tractor shall be liable to the United States (ir the case o' work dore urder
contract for the District of Cc umber or a territory. to such Distract or to such
:err toryl lo' IigLidaled damages. Such liquidated damages shall be com-
puted wit• respect to each individual laborer or nechan c, ncluding
watchme- and guards. employed in violation of the clause set 'orth in sub-
ca-agraph t• 1 of this paragraph. in the sum of $10 Ier each calendar day or
wricn such ind•v dual was -equ red cr perm tied to work in excess of erg"t
ndvrs or r excess of the standard wcrxwee'c of forty h0u's WII^dUl pay-
ment of we overtime wages required by the clause set forty r subbara-
graor ill of this paragraph.
(3) Withholding for unpaid wages and liquidated damages. HUD or its
designee shat uper :ts owr action or upon writer request o' an autho-
r zed represertabve of the Department of Labor withhold o' cause to be
wit' held, from any moneys payable on account of work performed by the
contractor or subconi-actor under any such contract or any other Federal
contract w th the same prime contract or any other Federally -assisted con-
tract subject to :he Cortracl Work Hours and Safety Standards Act which
is he d by the same prime contractor such sums as may be detern•red to
be necessary Ic satisfy any I.abil ties of sucr contractor or subcortractor
for unpaid wages and liquidated damages as provided :n me clause set
Io'.h n subparagraph (2) of this paragraph
(4) Subcontracts. The contractor or subcontractor sha Insert in any
subcontracts the clauses set forth in subparagraph (1) through (4) of this
paragraph and also a clause req,rring the subcontractors to .nclude these
clauses r any lower tier subcontracts The prime contractor shall be
responsible icr compliance by any subcontractor or lower be subcontrac-
tor w th the clauses set tooth r. suboaragraors (1) through (4) of this
paragrapn
C. Health and Safety
(1) No laborer or mechanic .hall be required to work n surrourdings
or under working cond•tiors which are unsanitary, razardcus, or danger-
ous to his health and safety as determined under construction safety and
`eadh standards promu gated by the Secretary of Labor by regulabon.
(2) The Contractor shall comply with all regulations issued by the
Secretary of Labor pursuant to rite 29 Part 1926'Icrmerly cart 1518) and
failure to comply may result in imposibon of sarchons pursuant to the Car -
tract Work Hours and Safety Standards Act IPubl c Law 91-54, 83 Stat96)
(3) The Contractor shat irclude the provisions o! this Article in every
subcontract so that such provs,ons w 11 be binding on each subcontractor
The Contractor shall take such action with respect tc any subcontract as
the Secreary of Housing and Urban Development or the Secretary of Labor
stall direct as a means of enforcirg such provisions
61 HUD -4010 (2-84)
1. a
COUNTY(ies):
WASHINGTON
SUAR1020A 01/25/1990
Rates
BRICKLAYERS
11.88
CARPENTERS
8.51
CEMENT MASONS
9.81
ELECTRICIANS
8.70
IRONWORKERS.
8.14
LABORERS (GENERAL)
5.90
PAINTERS
8.00
PLUMBERS & PIPEFITTERS
11.10
ROOFERS
11.91
SHEET METAL WORKERS
(INCLUDING DUCT WORK)
7.94
TRUCK DRIVERS
6.00
POWER EQUIPMENT OPERATORS:
Bulldozer Operators
8.40
Backhoe Operators
7.31
Tower Crane Operators
8.97
Loader Operators
8.19
Scrapers
8.46
--------------------------------------------------
WELDERS: Receive rate prescribed
for craft perfor
to which welding is incidental.
--------------------------------------------------
Unlisted classifications needed for work not inclu
scope of the classifications listed may be added a
as provided in the labor standards contract clause
5.5(a) 1(ii)).
END OF GENERAL DECISION
C
Fringes
ng operation
3 within the
=_r award only
(29 CFR
L
AR930004 - 2
IMPORTANT NOTES
1. It is the intent of these specifications that all of the
facilities would meet the requirements and guidelines of the
American Disability Act (ADA). Parts of the ADA regulations are
attached in section F of this document, however, all the
regulations should be followed whenever applicable.
2. The concrete floor slab should be finished in such a way that it
will drain adequately into the floor drains as outlined on the
plans.
3. Extra care shall be taken to insure that all of the fixture
heights and other dimensions shall comply with ADA guidelines.
4. colors of any paint or fixtures shall be approved by the parks
department prior to application or installment.
5. The finished grade of the ground around the outside of the
facilities shall be such that will prevent surface water from
entering the building or create water accumulation.
•
•
•
•
r
�
•
•
•
•
FAYETTEVILLE PARKS
CITY
RESTROOMS
RIGHT SIDE
I It
20io
4!1 3 PANELS @ la18 4 �o1,JT5 %2 = ZO 2- 1
�4
WPI !P1
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SYMMETRICAL ABOUT i
if
FAYETTEVILLE CITY PARKS RESTROOMS i BUILDING HALF -SECTION
I
03
I •
RIGHT SIDE
6_e1 •7'II
_- _t
A A•A I
I I
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LEFT SIDE
FAYETTEVILLE CITY PARKS RESTROOMS WELD PLATE LOCATION
P,
5X3X3/84X8'L3.
. 1/2' 0 X 5" STUGS
TYPE A WELD PLATE
6x8 X3/8 E
I/2' a X 3" STUC
TYPE 8 WELD PLATE
TYPE C WELD PLATE
4X4X3/8 t
N
•6'
1/2" RESAR SENT
AS SHOWN
TYPE D WELD PLATE
FAYETTEVILLE CITY PARKS RESTROOMS I WELD PLATE DETAILS I D5
PANEL *ID T4 CR wE GwT
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#3 RE3AR 15 12 C.C E -N. —C4 X 54 CHANNEL
NE_D 'C ;,imANNELS (MITER CORNERS(
TYPICAL N`ERIOR PANEL SECTION
NP 4 7WRU NP 0
PAYE_ WIO�H OR HE GHT
Jr
° A
• o a
• • • a.
4 C4 X S4 CHANNEL
TEXTURED EXTERIOR FACE
TYPICAL EXTERIOR PANEL SECTION
NP I TMRU wP 3
CHANNEL FRAME SHOWN !N POSITION
BEFORE CASTING CONCRETE
RETAINER
x4 RIPPEC W/4. 2 SLOPE , BLOCK
I• I,
jt 7/16 PRESSED NAROBOARO SIDING _J1
�___, N/w00D GRAN TExTJRf
1/2" CO -X PLYWOOD BACKER
FORM LINER DETAIL
FAYETTEVILLE CITY PARKS RESTROOMS I PANEL DETAILS I 06
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( URINAL - 0 0 0
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FAYETTEVILLE CITY PARKS RESTROOMS I WPB, WP4R
010
EXTER'OR FACE i— CONTINUOUS WELT
1 '
0
a e
a
-BACKER ROO a CAULK
VERT'CAL WALL PANEL CCNNECTION
In fl
•
CONTINUOUS
BACKER R WELD
S CAULK i ' •.
A / EXTERIOR
e '.o.' FACE
VERTICAL CORNER CONNECTION
•
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o , e WELD
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EXTERIOR WALL PANEL TO FLOOR CONNECTION
FAYETTEVILLE CITY PARKS RESTROOMS CONNECTION DETAILS 012
ii
/2 x 9 REC'wCCC r4SC:l
GRIP
EDGE'
r BUILDING
a� r1r
e
-' - =qSp - SKYLIGHTS
SNI,VGC _ —
FAYETTEVILLE CITY PARKS RESTROOMS I ROOF PLAN
I
013
i
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9 v. V ... .,A.19 AD CTIM WCAMCR
r-.rnhwuw Tr In.�
NOTE -OUT TO OUT DIMENSION OF
GATES TO BE 3'-4" X
ELEVATION
2x2x!/4 IBS*//2'
HCLE CUR PAOLOCX
(2 REG�) 2X2X1/4
STEEL TUBE
4 ^ OUTSIDE
d
N r
:I
u
NSIDE DOUBLE NEIGHFU1 %JAI
P Y PRMME COATED AM
Ex�A.r,ED METAL (CM EQUAL)
SECTION
s
•
I FAYETTEVILI E CITY PARKS RESTROOMS [ ENTRY GATE DETAIL I D14
•
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EXTERICR WAIL PANEL
FAYETTEVILLE CITY PARKS RESTROOMS STALL DOOR DETAIL I015
I /
CONCRETE WA._ PANEL
4
^. wEIJ :Ls r.
.rte ,.ii
401
I
-i2 SLACK PIPE
w/2 ELBCws
W '0 WALL PL PLATES
Cl
EL
kAhOICAP SPAS BAR 0 BE
MOUNDED OM TWO }WALLS IN
-IANOICAP STA... BI 2'-9' A.F.F.
GRAS BAR JAIL
METAL D00P
FRAME
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INELt
_
nl
WELC
DOOR JAMB DETAIL
I.
3/070
MOLE
13/4.
4
#3O MASTER
LOCK
S DE VIEW o x1.3/4 X 3/16
e r---_--? %I BENT PLA—E
a.
C_Onktact + b C
e � L------= d one
rte__
'7
a
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TCP VIEW
PAPER µCLDER DETAIL
FAYETTEVILLE CITY PARKS RESTROOMS I MISC DETAILS D16
2X6 6 CuTRIGGE;
1/2" PLYWCCO DECK
REDWOOD
FACIA
3/9' RCLGH-SENN
PLYWOCO SCFFiT-
/2'•X 6ya EXPANCE:
MVAL-STAPLE a 4"C.C
2X6
AFTER —j
-3/8"AC 'LYWCCC
CEILING
TREATED 2x 4 OLATE
TREADED 2X4 4 ST;, 0
2-0" CC.
3/9" BOLTS • SEE DERAIL BELOW
• ° ..CONCRETE PANEL
10, , •
SCREEN 8 SOFFIT DETAIL
3/8" X 2" BOLTS /t 3'-4" CC.
NUT 8 WASHER WELDED TO TOP CHANNEL CF
CONCRETE PANEL. (2 PER PANEL)
TYP'CAL EXTERIOR PANELS 8
TREATED 2 X4 • PLUMBING CHASE WALL PANELS • O
A CONCRETE PANEL
•
A
7
r
NAILER PLATE DETAIL
FAYETTEVILLE CITY PARKS RESTROOMS I MISC DETAILS I Di? I
1
I/
a
I
wC
L
1.
FAYETTEVILLE CITY PARKS RESTROCMS
Ca..
0
Uk
SEWER RISER DIAGRAM
DiS
II (e
I' I,
ALL _ GHT - z -„DES C BE iENAL_ 374 wit -14 FLUORESCENT LAMP
AA�L MCLN E ,I Q-SA.F.= AL.. F'XT. RES, SW:TChES, AND CONDUITS
li BE -U.C ^'-'/ —is
Mr panel 12c/24c V 1 04w ZooA M,S.
wf , - zo A %P G S.
MA I.
FAYETTEVILLE CITY DARKS RESTROC%lS I ELECTRICAL PLAN 1 D 9
. Metcraft
f39f0 Keaster Drive
Grandview, Mis16)761.6x030 l 0I m nJL
T•Isphon• f816) 761.3250
Stainless Steel Securityware TOI LET
PRCDC P MAY SHOW SCN.E CPrICNS.
nSrAI LA:ION
A six point anchor sy,1tj .. is used to secure
fixture to :.all. Anchors consist of 13 .^m
,:/2") diameter threaded steel rods, back-
up plates and Nuts. rands are screwed into
fixture, go through wall and are tightened
up from chase side of wall. wall opeiings
are to be provided by ct`,ers from rough -in
drawings supplied by raanufactuxer. (See
back side of page)
SPECIFICATION
Toilets
Metcraft Model 101-SL.1.9.r.+ (14 ga.) Type
334 s.s.toilet with No.4 satin finish,*manu-
factured by Metcraft, to CSA 845.4-1975,
complete with blowout jet type trap. with
wall outlet; six point anchor system. See
options on back side of page.
* Except trap with smooth texture.
DESCRIPIcs
A 24" deep toilet fabricated using heavy
1.9 :Rm (14 gauge) Type 304 stainless
steel polished to a to, 4 satin finish!
Al]. internal piping and fittings are
stainless steel. Seamless, integral
nstructicn is security, tamper -proof
design. Supplied complete with fixture
trim, and options
U'SE
Primarily designed for penal and other
type installations where maximum
protection against vandalism is
required. Ideal for new work
or renovation.
s alowout jet type toilet with elongated
bowl, self -draining flushing rim and
:ntegral seat wntoured for comfort.
• Six point anchor system for securing
fixture to wall.
• Structurally reinforced back or. each
unit.
•+3on-combustible, sound -'deadened interior.
OPTIONS & ACCESSORIES
Conforms to CSA 845.4-1975. Toilet trap
will pass 67 am (2-5/8") ball and be
fully aiclosed. Load testsi No deflec-
tion with loadings up to 9^8 kq 12C00lbs).
Pb persmnent damage with loadings up to
2270 kg (5000 lbs).
D Z(
101•SL Toilet Optlom &
Accessories Chart unit „q,t Willits.I
fee ew1CITe
Yt<feuCAflt11. sepal Tt IOTitet eseTNa M WA.tlI.
ma
1/) it.
elMewTy.
2O
Security frame (protects against
egress into pipe place in the event
fixture is removed from wall).
54
Mirror finish on toilet seat.
55
Hinged Iblack)(white) past1c to:let
seat.
58
Metal template.
• 10
a111 MI?!' Top Inlet.
81
ecease tissue holder for. wall.
99
Toilet Tissue Hook.
Nen Wee1W WALL •W161gtt «ELL nun
' p. n
. ►...
N
::
•
d �
.vt'nn
f NIWLIT
to 14111'
CONN<CTIOII
P OTN1ee
SIDE ELEVATION
FRONT ELEVATION OF WALL SHOWING RLWItSLD
OPENINGS
I.NQSat Nr at a' S *4•.w,rWew+rwWrw. .d 01WWWwW.erl�f�rwW MWW.nweeWi.e�w
II
C. .�. 75 @544
AVIV �Nsr L 7HIC.�NEe55
T�oN
%i --- ❑ PcUKEr ❑
OI' ii
IF
•1
\ Iv I
WALL GEL:. S&0 N
PLA
I" lcl:WINC, Apps PASS
�/ TrK4.1 �AM£
r° z- tars P0rwr AT
c 'L
ml'• -v
• ae
v
a
i f
4
I.
IL —
I
—o
I'
"LOYD Q GHL O e
6
I_•e' I ITGp a8.
PeoU7
IVY. IKM
OW'
atsJID
1 1468 aaq- ._
IIstsni
el �. t♦. eN1•
J7C s ;�-� nar rte.
3,
4. Metcraft
Grencv�ew. M ssot.r1 6403C
Terevhcre 8'E'"6'•3250
Stainless Steel Securi
PROOCOT :tAY SHOW SO'•!E CPflONS.
f..
Installation
A 'our poir: ancrcr syste^r is used :o secure fxture
t: wall. Arcrcrs consist of 13 rim "2") diameter
tnreadec steel rods. back-up pia:es anc 'tuts. Rods are
screwed tiro "xture, go through wall and are tightened
.p from chase s;ce of wail. 'rVat Ccer;r.gs are to be
provided by ct^ers'' n rough• n draw.rgs supplied by
manutac: her. (See back s ce cf page
300-U RWB
Urinal
Description
A biowcul ,et type wall r.eur!ed urra. facrca:ec using
heavy 1 9 rim ;14 gauger Tice 2C4 star.ess stee
pcnsred to a No.4 satin lin.sry Sea-rtess ;r:egrai ccr-
slr,;;,ton S secur.ty, :amcer•orocf design. S..cci ed
complete with lature :rim, vaive5 and ether cot ors .f
desired.
Use
Primarily designed For penal and ether stm ar :yCe
rstaila:'ons where maximum protection agar.st
vandalism is •equ,red. Ideal for either new wcrK cr
rencvaticn.
Reccrrmended tar problem urinal areas (constantly
Plugged drains, etc.), ' where greater, more positive
flushing action is desired.
Standard Features
• See General Features in Selection Guide brochure.
• Blowout ,etype flushing action with 360° flushing
rim washdown.
• 38 mm (1.1/2") IQs. back water supply fitirg.
• Sicped bottom with 76 mm (3") diameter oper
Crain.
• 'cur point anchor system for securing fixture Ic wail
• Structura:ly reinforced back on each unit
• Nor*ccrr•bustible, sound.deadened interior.
Options & Accessories
See back side of page and check items required
Standards & Approvals
Trap wtl1 pass 67 mm (2.518*) ball and be fully enclosed.
Specification
Wall Mounted Urinals
Melcraft Model 300•URWB 1.9 mm (14 ga.) Type 3C4
s.s. urinal with No. 4 satin finish manufactured oy
Metcraft, complete with: blowout jet type itush;rg
action: 360° flushing rim washdown; 38 mm (1 Ys") is s
water supply fitting; 76 mm (3") diameter oper drain,
four point anchor system.
See Options page U•8.
* Except trap with smooth taxtura.
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JL: :- .� LS 1O E :p .n 1 r J ��-'C�y r... '
w Metcraft
Grandview. Missouri 64030 ! Y 6.220
Telephone (816) 761.3250
Stainless Steel Securityware LAVATORY
CESCRIP':;-Dr
IIIS .ALLAY: CN
Ten 5/16" diameter holes are provided
:n fixture and angle braces for anchor-
ing fixture to wa11. Adequate backing,
mounting screws and ancr,cr shields are
f•:niched b; c%hers.
5PEC:e ICA T::,N
Lavatories:
Metcraft Mcde'. Pw8-32:�. 14 gauge (1.9nr)
:ype 304 S.S. lavatcry with No. 4 satin
finish, manufactured by Metcraft to CSA
B4S.4-1975, complete with rectangular
hand basis. with slow drain outlet, 4"
i100 trail high backsplash, angle braces,
ten point anchor system. See options
cn back side or page.
A Public ;;se .a atcr"Im fabricated :s:r.q
heavy 14 gauge (1.9r, -m) Type 304 sta:^less,
steel polished to a No, 4 satin •:nish.
Al: stainless steel tailpiece sv:tae
for connection o: P -trap, seamless :•:te-
gral construction an supplied ccr^late
with fixture trim ar,3 potions if desired.
Smaller models PP'8-321C available.
JSE
Primarily designed for applications
where durability and serviceability are
required. Ideal for new work or renc-
vat:on.
STANDARD FEAtJRES
. Rectangular shaped 65Cmm) deep nand
basin with slow drain outlet.
•l " o.d. tailpiece with 430 ball type
air vent suitable for connection of
optional P -trap,
•4" (100mm) high bacKsplash.
',Angle braces.
.Ten point anchor system.
.structurally reinforced back.
•Nor.-comoustible, sound deadened ir.rericr.
•Self -draining soap tray.
CPT;ONS & ACCESSORIES
See back side of page and check items
required.
STANDARDS F APPROVALS
Conforms to CSA B45.4-1975.
I
......
............
......GAGA---.....---
•
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PW0 3220 lavatory Options 9 Accessories Chart E.In r... 11.ulle/.l
VGA cIS i'U V.C•I'C Af 10... O.f I to OffI"I Id I11.N ■IA.AL
cuda / /d
I/1 so. 111d101 an
14 p -trap wit:: ceanct,
or 14" (38mm'o size.
" w CC -ter ton.
49 4" centerset fa'.:.et w.tt wrist
51 Oval shaped rand :.as,:..
I ! 52 j Fast drain outlet.
53 Overflow (vent` in tras}.
59 1 tension release towel :cox.
fill
60
(Solid S.S. towel bar, located
;e.
.`left) (right) side.
,• use•aw.
'dO fK•
61
5.5. toothbrush holder, located
eft (ri ht)
___
EM
68
'Paper)(Metal) template.
f
95
! Tra enclosure (wall mounted;.
GaAs
•p
39
Barrier -free lavatory waste with
i[
grid stainer W.
o
I!
40
Non -removable stopper drain 1¼".
l
Grid strainer with tailpiece
'!
IV
(law) (1½").M).
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" WALL THICKNESS
I. Anchor rod connection openings,
-------------------------------------
TECHNICAL DATA
Security sleeves are lnsta:ed in the forms to provide
wall openings for instal'_ation of fixtures, Security sleeves
should always be used for sprayed ccrcrete walls and
are suitable for poured ccacrete walls. Security sleeves
are normally removed with the fortes leaving individual
wall openings for inlets, wastes, ardor anchors to the
fixture and provide security against egression :rto chase
side of wall.
-------a-e------------------------
INSTALLATION
Security sleeves are fabricated from galvanized sheet
metal -20 ga, for the wall flange end 24 ga, for the
individual sleeves. Security sleeves are Installed
with the flange on the chase side of the wall,
Note: When security sleeves, use nails for wood
forms and sheet metal screws for metal forms
(supplied by others), Installer must maintain
sleeves dimensions on each side of wall,
OPE
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Cu/Ty1b MAL
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METCFPAs:T sc.
1810 rosin turvr aAt ww. Isgol 1
T T3 SECURITY SLEEVE ( For 800 series, Do Not
use the above dimensions for fixture connections
..:
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Options & Accessories Chart (chock hems CQt.Irea
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510E ELEVATION
p31 1
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PSone 901/8645974 • F•z 901/8645975
R'r. 2. sox 980 • SELMER TE\"VESSEE 38375
Ph®e 901'6468056 • Fez 901,6469251
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EXCEL
DRYER
CORPORATION
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a stationary downwc d
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ment
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available with a white
kdnt baked epoxy porn: cr
c:^some plated i.nsh
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complement any wall or
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TECHNICAL SPECIFICATIONS
FAYETTEVILLE CITY PARKS
RESTROOM FACILITIES
SECT:ON I - SCOPE OF WORK
-------------------------
SCOPE OF WC? K - This project consists of the construction of two
restroon facilities, one located at Gulley Park and one at Walker
Park. The contractor will be asked to finish the Walker Park
restroon first.
The intent of these plans and specifications is to construct
facilities which are as vandal resistant as possible. The basic
construction is precast concrete wall panels with conventional
timber framed roof. The concrete wan panels may be cast on -site or
cast off -site and delivered to the site. All work, including
precasting of wall panels, w::; be subject to inspection and
direction of the Public Works Department of the city of
Fayetteville, :n particular the Parks and Recreation Department and
the Engineering and Maintenance Department.
The exact location and orientation of the buildings shall be as
directed by the Director of the Parks and Recreation Department.
Any questions ccncerning fixtures, finishes, color, etc, shall be
addressed to said director. Materials and methods of construction
will be subject to the approval of the Engineering & Maintenance
Department and/or the Building :nspecticn Department.
SPECIFICATIONS S:
TECHNICAL SPECIFICATIONS
FAYETTEVILLE C:TY PARKS
RESTROOM FACILITIES
SECT:0N :I - ITEMS OF CONSTRUCTION
:. SITE WORK - See Section IV
2. F=Z)A::CNS shall be of reinforced concrete placed
on undisturbed earth or we:: compacted select fill
capable of suporting 2500 pounds per square foot.
Expansive clay soil or other pernicious soils shall
be recved to a depth of at least 3 feet below the
bottom cf a:: footings and replaced with stable
r.ateriai cc.,pacted into place.
Re�nfcrced concrete shall be in accordance with
Section III of these specifications.
3. FLCCR SLABS shall be of 4" non -reinforced concrete
placed on 6 ::il vapor barrier over 4 inches of sand
or fine gravel. Floor slabs shall be placed
,onclitnically with the reinforced stem wall as
indicated on the plans. Floor slabs shall be
trowel finished.
Numerous weld plates are to be inserted in the
concrete floor slab for the purpose of attaching
interior and exterior wall panels. Weld plates
sal be placed within 1/2 inch of location
snown. All weld prates shall be set to within 1/8
inch of the same elevation (level throughout the
building).
Concrete and weld plates shall be in accordance
with Section II: of these Specifications.
4. PRECAST CONCRETE WALL PANELS may be cast on site or
off -site. All panels are to be cast within a 4
inch channel frame (C4 x 5.4). Exterior wall
panels are to be cast against a form liner
consisting of wood grain textured pressed hardboard
siding with a 3/4" reveal. The inside or top side
shall be trowel finished. Interior partition
panes shall be cast against a smooth surface such
as visqueen or smooth Masonite with the topside or
opposite side trowel finished. It is the intent of
these specifications to produce a very smooth
interior finish and a wood grain textured exterior
finish. A non -staining release agent shall be
applied to the form liner to insure removal.
SPECIFICATICNS 52
Some panels require weld plates and cther inserts
for attachment; the location of these weld plates
are critical and should be adhered to very cicsely
(= 1/211). Block outs are required for plu-cing
fixtures and a door. Small dimension holes tay oe
drilled after panel erection or may be blccKed-cut
during placement. The exact dimensiofl of fixture
aar.ufacturer's data to insure a correct fit. if
small diameter holes are block out, it is suggested
a template be used.
:.:fting devices of the ccr.tractor's choice nay be
used. Lifting lugs may be welded to the perimeter
channel. Planes shall be erected plumb and square
and welded to the respective floor and wall weld
plates. Interior panels shall be welded fu fl
height. At weld plates fillet welds both sides of
panel shall extend full length of weld plate. :;8"
x 2" bolts are to be welded to the top channel cf
all exterior panels and all plumbing chase panels
for attachment of a treated 2x4 nailer.
Concrete and structural steel shall be in
acccrdance with Section III of these
specifications.
ROOF CONSTRCC:_CN. The roof structure shall
consist of 2x6 rafters at 16" o.c., 1/2 plywood
decking and asphalt shingles. interior ceiling
shall be 3/8 AC plywood and exterior soffits shall
be 3/8 rough sawn plywood. construction shall be
ccr.ventionai wood framing of good workmanship.
Gable ends of the building are to be enclosed with
1/2"x16 guage expanded metal. Metal screen shall
be securely attached with 1" wire staples at 4"
All materials of roof construction shall be in
accordance with Section III of these
specifications.
6. ENTRY GATE shall be fabricated fo 2x2x1/4" tubular
steel frame covered with 1/2" x 16 guage expanced
metal. Gates shall be of size and dimension as
indicated on the drawings. Gates shall be mounted
with double weight full surface wrought steel
hinges with welded pins such as stanley No.BB855
1/4 or equal. Hinges shall be welded to gate and
=amb.
SPEC:FICAT:CNS
S3
I
S.
Each gate snail be equipped with two sets of
locking lugs as indicated on the drawings.
Contractor shall provide 2 No. 3 Master Padlocks
for each gate; all locks to be keyed alike.
7. STALL
DOORS
shall
be fabricated of
1"xl"1/8"
tutu.ar steel
and
covered with
0.040" thickness
steel
plate.
All
connections
shall
be welded.
Stall
door shall
be
mounted with
double
weight full
surface nir.ges
the
same as entry
gates.
ENTRY DCCR into plumbing chase shall be Republic
steel door and frame in accordance with Section f:
of these specifications. Note door frame is
drywall) type and is to be mounted around steel
channel frame and welded in place. Door to be
equipped with deadbolt only, no handle set
required.
PLUMBING fixtures are to be as specified herein;
substitution will be permitted only by written
cer-ission of the Parks and Recreation Director.
All plumbing fixtures are to be installed in
accordance with the manufacturer's instructions and
in compliance with state and city plumbing codes.
Only cold water will be supplied; no water heater
is required. Water pipes shall be plumbed with a
positive slope to a common low point with drain
valve (hose bib) to enable draining of the pipes
before double check valve shall be installed on the
service line.
All above ground water piping shall be type M hard
drawn copper tubing with solder joint wrought
copper tube fittings. All below ground water
piping to be type L soft drawn copper tubing with
solder joint wrought copper tube fittings -no joints
allowed under concrete slab.
Above ground soil, waste, and vent piping shall be
standard weight no -hub cast iron pipe and fittings.
Below ground soil, waste and vent piping shall be
service weight cast iron hub and spigot neoprene
joints.
Plumbing fixtures shall be as follows:
Toilets
- Metcalf
Model
101 SL
rivals
- Metcalf
Model
300 URWB
Sinks -
Super Secur Model CS -1010
Mirrors
- Metcalf
800-M
Stainless steel
Drinking
Fountain
- M.D.F.
Model 450 Wall Hung
SPECIFICATIONS
54
Hand Dryers - Excel Dryer Mode: 76C Cast
cover, Chrome plated, surface mounted electric
(115V, 15A).
10. ELECTRICAL - all electrical work shall comply with
the latest editions of state and local building
codes and ordinances. All above grade conduit
snall be Rigid Metal Conduit (RMC) or Intermediate
Metal Conduit (IMC). Fittings shall be steel or
:malleable iron. Box connectors shall have
insulated bushings and "bitting" type locknuts.
Underground conduit shall be Schedule 40 PVC Rigid
Non-Metalic Conduit (RNC). Conduit and boxes shall
be securely surface mounted. Connections to
equipment, fixtures and devices shall be in
accordance with the manufacturer's recommendations.
11. Painting - All exposed steel including channel iron
franes of wall panels, expanded metal screen, metal
doors and gates and fabricated steel hardware shall
be shop primed and field painted with two coats of
High Gloss Oil Base Enamel such as PPG Exterior -
Interior Alkyd Glass Enamel 54 lines, or equal.
Al: exposed wood shall have one coat of oil -base
prime (PPG Speedhide Exterior Wood Primer 6-9) and
finished with two coats of PPG Sun -Proof Alkyd
Enamel :rim Paint 1 line. The exterior wood
textured surfaces of concrete wall panels shall be
thoroughly cleaned by scrubbing with muratic acid
and painted with two coats of PPG Cementhide Latex
Mascnry Paint 37 line. Interior concrete walls and
floors are not sealed with a silicone -based sealer.
Paint colors to be selected by the Parks and
Recreation Director.
12. CLEANUP - ::pon cempletion of all construction the
buildings and work areas are to be thoroughly
cleaned. All debris, trash and surplus materials
are to be removed from the site. Disturbed earth
shall be fine grated, covered with topsoil and
seeded, fertilized and mulched. Grass seed shall
be as approved by the Parks and Recreation Director
and shall be maintained by the Contractor until a
good stand of grass is established.
SPECIFICATIONS
55
TECHNICAL SPECIFICATICNS
FAYETTEJILLE CITY PARKS
RESTRCCM FACILITIES
SECTION III - MATER:ALS OF CCNSTRUCTICN
SELECT FILL MATERIAL for this project shall be native
clay or cherty-clay soil with a plasticity index
(weighted average) cf less than 15 and shall be free of
roots, organic matter, or otner deleterious material.
2. SLAB C:.'SH:CN for this prc;ect shall consist of a fine
grained cohens:cnless material such as sand, limestone
screenings, cr wasned creek gravel.
3. CONCRETE shall be ready nixed, conforming to Part 2 of
ACE Standard 313-77. Concrete for foundations and floor
slab shall have a .;.ini-..-m compressive strength of 33CC
psi at 28 days with a zinimum cenent content of 5.0 bags
per cubic yard. Concrete for precast wall panels shall
have a n:n:mun compressive strength of 4000 psi at 28
days, a :n:n::gum cement content of 6.0 bags per cubic
yard, and shall have 5% - 2% entrained air. The use of
a super plasticizer such as MELMENT as manufactured by
the American Ad^:xtures and Chemical Corporation is
strongly recommended.
Concrete for floor slabs and panels shall be
proportioned, taxed, placed, and cured in conformance
with ACI Standard 3C2-69. An excessive water content
will not be allowed. Before the addition of a super
plasticizer, the concrete mix shall have a maximum slump
of 4" with super plast:c:zer a slump of 6 to 8 inches
will be accepted.
Three standard test cylinders shall be made for each 50
cubic yards of concrete placed or for each day's pour.
One cylinder shall be tested at seven days and two
cylinders tested at 28 days by an approved testing
lanoratory. Payment for concrete testing will be made by
the Owner.
4. REINFCRCING STEEL shall be deformed steel bars conforming
to ASTM A615 'rade 60.
5. STRUCTURAL STEEL and STEEL PLAT shall conform to ASTM
A26. Small d:mensicr. tubular steel shall be hot rolled
and welded. Metal studs for embedment connections shall
be standard Nelson Studs by TRW Nelson Division of the
length and diameter shown. Welded "L" shaped rebar
anchors of same diameter will be accepted.
SPECIFICATIONS $6
6. WOOD FRAMING shall be No. 3 Douglas Fir, Facia boards and
trim boards shall be clear grade Redwood. Nailer plate
at tcp of precast panels shall be pressure treated pine.
7. PLYWOOD decking, soffit, and ceiling shall conform to APA
specifications. Roof decking shall be 1/2 inch CD Grade
with Exterior Glue. Ceiling shall be 3/8 inch AC Grade
and Scffit shall be 3/8 inch 303 EXT-APA Rough sawn.
8. ROCFING shall be Asphalt shingles of not less than 235
pounds per square applied over 15 pound felt. Roof
shingles shall be installed in accordance with the
Reccma,ended Specificat=ons of the Asphalt Roofing
Manufacturers Association with galvanized sheet meta.
edging.
9. EXPANDED METAL SCREEN shall be 1/2 inch 16 gauge standard
carbon steel expanded metal as manufactured by tr.e
McNichols Co. or equal. Metal screen shall be securely
nailed in place with 1 inch wire staples at 4 inch on
center.
:0. HARDWARE
Entry Gate and Stall Door Hinges - Double Weight Full
Surface Wrcught Steel with welded pine. Stanley BB855
1/4 or equal.
Barrel Bolts (Stall Doors) - Heavy Duty Steel Barrel Bolt
with 13!32 Bdt. Stanley 1084 or equal.
Metal :cor (Plumbing Chase) Republic 1-3/4" DE Series
full flush 16 ga. steel door with FH Series 5" Drywall
Frame to be welded in place - (See Detail) Door to be
equipped with double cylinder deadbolt ONLY -handle set
NOT required.
Padlccks—CQQ
Padlocks per bu
and 2 require
be ike.
ractor shall prow
/n
e�4�M�T Master
for each entry gate
). All padlocks to
SPEC:F:CATIONS S7
Ii
4,20 Bathtubs
IAADAAG l
I/
used the faucet shall remain open for at :east
10 seconds.
4.19.6• ittirroet. Mirrors shall be mounted
with the bottom edge of the reflecting surface
no higher than 40 in (1015 mm) above the
finish floor (see Fig. 311.
4.20 Bathtub!.
4.20.1 General. Accessible bathtubs shall
comply with 4.20.
4.20.2 Floor Space. Clear floor space in
front of bathtubs shall be as shown In Fig. 33.
4.20.3 Seat. An In -tub seat or a seat at the
head end of the tub shall be provided as shown
In Fig. 33 and 34. The structural strength of
seats and their attachments shall comply with
4.26.3. Seats shall be mounted securely and
shall not slip during use.
4.20.4 Grab Ban. Grab bars complying
with 4.26 shall be provided as shown in Fig.
33 and 34.
4.20.5 Controls. Faucets and other controls
complying with 4.27.4 shall be located as
shown in Fig. 34.
4.20.6 Shower Unit. A shower spray unit
with a hose at least 60 in (1525 mml long that
can be used both as a died shower head and
as a hand-held shower shall be provided.
4.20.7 Bathtub Enclosures. If provided.
enclosures for bathtubs shall not obstruct
controls or transfer from wheelchairs onto
bathtub seats or trtto tubs. Enclosures on
bathtubs shall not have tracks mounted on
their Pros.
4.21 Shower Stalls.
4.21.1• General. Accessible shower stalls
shall comply with 4.21.
4.21.2 Size and Clearances. Except as
specified in 9.1.2. shower stall size
nd d cclear
ar
floor space shall comply rig.
The shower stall in Fig. 35(aI shall be 36 In by
36 in (915 mm by 915 mm. Shower stalls
required by 9.1.2 shall comply with rig. 57131
or (b). The shower stall In Fig. 35(b) will fit into
the space required for a bathtub.
4.21.3 Seat. A seat shall e p
shower stalls 36 in byha m95 mm by
915 mm) and shall be as shown in Fig. 36. The
scat shall be mounted 17 in to 19 in (430 mm
to 485 mm1 from the bathroom floor and shall
extend the full depth of the stall. In a 36 in by
36 in 1915 rnm by 915 mm) shower stall, the
seat shall be on the wall opposite the controls.
Where a f ized seat is provided in a 30 in by
60 Ut mrimurn (760 mm by 1525rIVTU
shall shower
stall. it shall be afddingtijpe and aoa to the controls
be
mounted an the wall a4l
as shown in Pv, 57. The structural strength
of seats and their attachments shall comply
with 4.28.3.
4.21.4 Grab Bars. Crab bars complying with
4.26 shall be provided as shown m Fig. 37.
4.21.5 Control& Faucets and other controls
complytrt4 with 4.27.4 shall be located as
sh36 IInn 1915 mm by 915 naa)• all! n in FIg. 37. In shown stalls 36 ontrois.
faucets, and the shower unit shall be mounted
on the side wall opposite the seat
4.21.6 Shower Unit. A shower spray unit
with a hone at least 60 in (1525 mud nth t
can be used both as a tbted shower dad.
as a handheld shower shall provided.
4.21.7 Curbs. If provided, curbs Smm)
stalls 36 in by 36 In 1915 mm by
shall be no hither than 1/2 bt (13 mml. Shower
stalls that are 30 in by 60 m 1760 mmby
1525 mm) murtmura shall not have curbs.
4.21.8 Shower Enclosures. If provided.
eor
coonntrrols osures for
transfer from wheelchairs
onto shower seats.
4.22 Toilet Rooms.
4.22.1 Mlalmum Number. rod cc fo.al tin
required to be accessible by
I
4,19 L Ivataries and Mirrors
stall and any obstruction may be reduced to a
mtntmum of 42 Ui (1065 miry (Fig. 30)-
4.17.6 Grab lltars. Grab bans complying with
the length and posttloning shown in Fig. 30(a).
(bl. (c), and (d) shall be provided. Grab bars
may be mounted with any destred method as
long as they have a gripping surface at the
locations shown and do not obstruct the re-
quired clear floor area. Grab ban shall comply
with 4.26.
4.18 Urinals.
4.18.1 GeneraL Accessible urinals shall
comply with 4.18.
4.18.2 Height. Urinals shall be stall -type or
wall -hung with an elongated rim at a maidmum
of 17 In (430 mail above the finish floor.
4.18.3 Clear Floor Space. A clear floor
space 30 In by 48 In (760 rnm by 1220 mm)
shall be provided in front of urinals to allow
forward approach. This clear space shall
adjoin or overlap an accessible route and shall
comply with 4.2.4. Urinal shields that do not
extend beyond the f ant edge of the unrid rtln
may be provided watt 29 in (735 mm) clearance
between than.
4.18.4 Flush Controls. Flush controls shall
be hand operated or automatic. and shall com-
ply with 4.27.4. and shall be mounted no more
than 44 in (1120 mm) above the finish floor.
4.19 Lavatories and Mirrors.
4.19.1 General. The requirements of 4.19
shall apply to lavatory fixtures, vanities, and
built-in lavatories.
4.19.2 Height and Clearances. tavatonea
shall be mounted with the rim or counter sur-
face no htpher than 34 Pt (8i8 5 mad above the
f1n(shJloar. Provide a clearance of at least 29 in
(735 mm) above the finish floor to the bottom of
the apron. Knee and toe clearance shall comply
with Fig. 31.
4.19.3 Clear Floor Space. A clear floor
space 30 in by 48 In (760 mm by 1220 mail
complying with 4.2.4 shall be provided in front
of a lavatory to allow forward approach. Such
Appodis s
clear floor space shall adjoin or overlap an
accessible route and shall attend a maximum
of 19 in (485 mm) underneath the lavatory
(see Flg. 321.
4.19.4 Exposed Pipes and Surfaces. Hot
water and drain pipes under lavatories shall
be insulated or otherwise mrlfgured Co protect
against contact There shall be no sharp or
abrasive surfaces under lavatories.
4,19.5 Faucets. Faucets shall comply with
4.27.4. Lever -operated. push -type, and elec-
tronically controlled mechanisms are examples
of acceptable designs. If set -closing valves are
Fig31
Lavatory Clearances
r-.
IIMI Ili
near Floor S ace at Lantoris
44
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A S. i' . oust ital.S ,....., .
a
Site alle•Nu
I .} dee. lecal'On
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_____________________________________________________________________
p^T
12 I
14w
1J
I I
42 min raici
approach only, l UM -
other approacAa (a)
48 min Standard Stall
36 min y
41!
I , Iw
I w
I C
i CIA
I, 1O1
l� I Hoof
I Hoof IwOnn
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(a•!)
Standard S" (end of mu)
42...' 12-..
Ion
:a own
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`C
I :w A r;,.
—,s"
12.'... 4 i
54_I,
(c)
42 mM1 66-- w wall r,ounhld w e. Rear Wall of 3taidald Stall
.os e
w fir wlaGnve we
4.a elee<e —
—� ma■ 4Qk
__ iota iCSS
C
tV i•�
I II
I 600 —10llel pacer
42 nln late 1 S �� 7
approach eaiWppmI 1 ^+. R �'•
other aacha I
48 min 54—a.
uro
(4)
I e) Sts Wags
Altemate sits Fig. 30
Toilet Stalls
ADA Ilandhn*
'QJ 4.17 ,Toilet Stalls
.�s.
36
tails 36 g11w
16 ern 'Ii
.r .r 16 42 •rn 16
_ i"' •ere 1•u ..�
411.
•
=
2 m 2 ;
Chu ;to
e1Nr •
steel4,0
yr
•aeae ; now
• 4eaa ; 11�� w•e•
48 .....`��..... 60 ewni 1
„„
'In
NO28
Clear Floor Space at water Closets
36 Miss
12 ern 12 ern "'a fl
12 42wr
- >M 1.r Sbjvl!1
4.17.3• Size and Armageaent, The size
and arrangement of the standard toilet stag
shall comply with 74 30(al, Standard Smg.
Standard toilet stalls with a mlntum depth
of 56 In (1420 mm) (see Fig. 30(a() shag !Cafe
wall -mounted water closets It the depth of a
standard toilet stag Is tepaed at least 3 In
(15 mm). then a flooeemotmted water closet
may be used. Armnrwnta shown for stan-
dard toilet stalls may be reversed to allow
either a left- or right-hand approach. Addl-
ticnal stalls shall be provided In conformance
with 4.22.4.
y • .. .
• .
A
w .,
I - I UI I I •
42 AM Mn*
• 4.17 Todet Staid
shall be mounted on the wide side of toilet
areas no mote than 44 to (1120 mnt) above
the floor.
apdpnwu powwow in shades Ma
Spout KS9M and
Kea CManncs
•
•
(C)
Free-standMg
Fountain or Cooler
4.17 Toilet Stalls.
;ADAAG,,
4.17.1 Location. Accessible toilet stalls shad
be an an accnstble route and shall meet the
requirements 0( 4.11.
4.17.2 Water Closets. water closets to
accessible stalls shall comply with 4.16.
Cs
ass Fla Spa
(4
sttat-ta
Farrah or Cn S
F127
Drinking Fountaien and Water Coolers
.0 r.n"
aw —
4t
4.14 Enaaoces
;.13.12• Automatic Doors and Power.
Assisted Doors. Man automatic door is
used. then It Shall comply with ANSI/BHMA
A156.10,199 '3,lI Sowfy openlag, low -powered,
automatic doors Shall contp(y ioWt ANSI
A 156119.199!4. Suck doors shay not open to
back check fasts thm 3 seconds and shall
require no more than 15 lb( (68.6N) to stop
door movement- ifs power-asatstted door is
used, its door -opening force shall comply with
4.13.11 and its closing shall conform to the
require nenlS In ANSA136.19.19914.
4.14 Entrances.
4.14.1 3[intmum Number. Ehour cen
required to be ac essibfe by 4.1 shall be part of
an accessible route complying with 4.3. Such
entrances shall be connected by an accessible
route to public transportation stops, to aecp-
sible parking and passenger loading soap,
and to public streets or sidewalks If available
(see 4.3.2(1)). They shall also be Connected by
an accessible route to all accessible spaces or
elements within the building or facility.
4.14.2 Service Enhance. A savice
entrance shay not be the sole accessible
entrance unless it Is the only entrance to a
building or facility (for Sample. to a factory
or garage).
4.15 Drlaklg POuntaini and Water
Coolers,
4.13.1 Minimum Number- Drinktrig faun.
iaUu or hw� coo ers ►equo-ed to be as nsfbte
by 4.1 shall comply with 4.15.
4.15.2• Spout Hel5ht. Spouts shay be no
higher than 36 in (913 mm). measured from
the floor or ground surfaces to the Spout outlet
(see Fig. 271ay.
4.15.3 Spout Loeat(et♦• The spouts of
drinking fountains and wow coolers shall be
at the front of the unit and shay direct the
water flow in a trajectory that Is parallel or
nearly Parallel to the front of the unit. The
spout shall provide a flow of water at least 4 In
(100 mm) high so as to allow the insertion of a
cup or glass under the flow of water. on an
accessible dr'Vtk&V fountain with a round or
oual bawl, the spout must be postibned so lira
flow of tsar is wd hul 3 h (75 sin) of fhe f ont
edge of the fountaht
4.15.4 Controls. Controls shall comply with
4.27.4. Unit conbois shall be f ors haunted or
side mounted near thefont edge.
4.15.5 Cleanaces.
(1) Wall• and post -mounted cantilevered
units shall have a dear later space between
the bottom of the apron and the door or
ground at least 27 in (685 mm) high, 30 in
(760 mm) wide, and 17 In to 19 In (430 min
to 485 mm) deep (see rig. 27(a) and (b)). Such
units shall also have a mtntmraa clear floor
space 30 In by 48 In (760 am by 1220 mm) to
allow a person in a wheelchair to approach the
unit facing forward.
11!
. 1 . .1. .. 1. 1. 1 .1
4.16 Water Closets.
• .• 1 J ,1 _ •i. 11 .
• • YI
4.193.4• Gab Sm. Cab ban kr water
closets not located in star shag camper with
4.26 and Fig. 29. The grub be be SS Uw ware
Sect shalt be 38 to (913 err'raraiam
I
L
AM sm
r
A- cii 4.26 landrWs. Grab Ban. and Tub and SbOWtt Seat/
(v
Handrail
(a
eandrar
(C,
dab ear
"39
Size and Spsdrtp of Hsndraffs and Gw6 Sara
4.26.4 Lllminatind Hamarda. A handrail or
grab bar and any wail or other surface adjacent
to it shall be free of any sharp or abrasive ele-
ments. Edges shall have a minimum radius of
1/8 in 13.2 mm).
•