HomeMy WebLinkAboutResolution - 609 - Contract - ATO Inc - Bleachers, Berl Huffman Athletic Complex - 09/11/1980,9ZZ
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AA:bs RESOLUTION #609 - 9/11/80
Bid #5870
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a contract
between City of Lubbock and Safway Steel Products Division of A -T -O, Inc.,
for the purchase and -installation of bleachers for the Berl Huffman Athletic
Complex, a copy of which is attached herewith which shall be spread upon the
minutes of the_ Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein in
detail.
Passed by the City Council this 11th day of September ,1980.
BILL McALISTER, MAYOR
ATTEST:
Evelyn Gaf ga, City Sec a reasurer
APPROVED_k�S TO CONTENT:
hn Alfo d, Director of Parks and
creatio
''APPROVED AS TO FORM:
Angela Ad s, Asst. City Attorney
_
11 1980 'RESOLUTION UTION Com// BID X65870
►`.. , ! 9/11/80
CORACT
THIS AGREEMENT, made this N^' day of , 19 W , by and
between City of Lubbock, herein called "Owner", actiVg herein through its
Mayor, and Safway Steel Products, Division of A -T -O, Inc., a corporation of
Lubbock, County of Lubbock, and State of Texas, hereinafter called "Contractor".
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter set forth, the Owner and the Contractor hereby agree as follows:
I.
That the Contractor shall supply, in accordance with the alternate bid,
wooden bleachers with painted metal understructure for the Berl Huffman Athletic
Complex including all materials, for the purchase price of Twenty Six Thousand
One Hundred and Twenty Five Dollars ($26,125.00). That the Contractor shall
furnish said bleachers in conformity to the conditions and prices stated in
the Proposal, the General Conditions, Supplemental General Conditions and
Special Conditions of the Contract, the plans, which include all maps, plats,
blue prints, and other drawings and printed or written explanatory matter
thereof, the specifications and contract documents therefor as prepared by the
City of Lubbock Parks and Recreation Department and as enumerated in Paragraph
1 of the Supplemental General Conditions all of which are made a part hereof
and collectively evidence and constitute the contract.
II.
That the Contractor shall completely assemble and install the above
described bleachers, including all extra work in connection therewith, under
the terms as stated in the General and Special Conditions of the Contract; and
at his own proper cost and expense to furnish all materials, supplies, machinery,
equipment, tools, superintendance, labor, insurance and other accesories and
services necessary thereto, for the sum of Five Thousand Eight Hundred and
Fifty Dollars ($5,850.00). That the Contractor shall comply with all requirements
of the Davis -Bacon Act on wage requirements and shall comply with the conditions
and prices stated in the Proposal, the General Conditions, Supplemental General
Conditions and Special Conditions of the Contract, the plans, which include
all maps, plats, blueprints, and other drawings and printed or written explanatory
matter thereof, the specificiations and contract documents therefor as prepared
by the City of Lubbock Parks and Recreation Department and as enumerated in
Paragraph 1 of the Supplemental General Conditions, all of which are made a
part hereof and collectively evidence and constitute the contract.
The Contractor hereby agrees to deliver the bleachers described in paragraph
I above within sixty days of receipt of a written "Notice to Proceed" provided
that such notice shall be delivered to the Contractor no later than November
1, 1980. The Owner hereby agrees that said "Notice to Proceed" shall not be
delivered to the Contractor until such time as the Owner has begun the construct-
ion of the concrete foundation.
IV.
The Contractor hereby agrees to commence the installation of the bleachers
described in paragaph I above on or before the delivery date specified in
paragraph III above and in no event later than December 31, 1980 and to fully
complete the said installation within 90 consecutive calendar days thereafter.
1` "The? Contractor further agrees to pay as liquidated damages, the sum of $25.00
for each consecutive calendar day thereafter provided in Paragaph 19 of the
General Conditions.
V.
The Owner agrees to pay the Contractor in current funds for the performance
of the contract, subject to additions and deductions, as provided in the
General Conditions of the Contract, and to make payments on account thereof as
provided in Paragraph 25, "Payments to Contractor," of the General Conditions.
VI.
By an appropriate agreement, written where legally required for validity,
the Contractor shall require each Subcontractor, to the extent of the Work to
be performed by the Subcontractor, to be bound to the Contractor by the terms
of the Contract Documents, and to assume toward the Contractor all the obligations
and responsibilities which the Contractor, by these Documents, assumes toward
the Owner. Said agreement shall preserve and protect the rights of the Owner
under the Contract Documents with respect to the Work to be performed by the
Subcontractor so that the subcontracting thereof will not prejudice such
rights, and shall allow to the Subcontractor, unless specifically provided
otherwise in the Contractor -Subcontractor agreement, the benefit of all rights,
remedies and redress against the Contractor that the Contractor, by these
Documents, has against the Owner.
IN WITNESS WHEREOF, the parties to these presents have executed this
contract in six (6) counterparts, each of which shall be deemed an original,
in the year and day first above mentioned.
CITY 0 OCK
_Widf McAlister, Mayor
ATTEST:
elyn Gaf ga, City ec a y -Treasurer
APPROVED AS TO ONTENT:
J n Direct - r of Parks and Recreation
APPROVED AS TO FORM:
/1-.) z A Lpff /,e� _,a 7
Angela ms, Assistant City Attorney
SAFWAY STEEL PRODUCTS, DIVISION OF
INC.
Cecil B. Clark, Manager
ATTEST:
A -T -O INC.
CERTIFICATE OF RESOLUTION
"RESOLVED: That any and all duly appointed, qualified and
acting Branch Managers of the Safway Steel Products Division of
the Corporation are hereby authorized to execute on behalf of such
Division lien waivers, bids and proposals relating to transactions.
in which the maximum obligation of such Division does not exceed
$50,000 and which occur within the territory served by their
respective Branch."
I certify that the above is a true and correct copy of a
resolution passed by the Board of Directors of A -T -O Inc.,
(formerly "Automatic" Sprinkler Corporation of America) at a duly
called meeting held on May 5, 1966 and that Cecil B. Clark is a
duly appointed, qualified and acting Branch Manager of Safway
Steel Products Division of A -T -O Inc.
J. E. Birnbaum, Assistant Secretary
A .
.,' �nreS��sisn� IWtaglat�eg�
i Q -v 9F LLMEom
200p
Te:Zs 74457
Y
Te;ephones:
^,!,2.6411
` x!.
2165- .166-2167
Safeway Steel Products
2a02 Texas Avenue
,,t:bbock, Tcx_3
CITY or Lusim= 8741•
REQUEST FOR QUOTATION (Number mact cpresz Cn pLi, ,
THIS IS NOT AN ORDER .. eorrespendeace) .
closing 4:00 P24.
Mailed __K_,lg_f,� Date
$3 LF05-2 Em
LG Mqj;0 � E
f^i:etnetr:
r,l or FA*W T�iote us on articles listed below. The right la reserved to acceptor reject
F your offer. and to accept the offer the Qty Considers the most advantageous.
h? ! —a!es acceVmble if in the Qty's opinion the necessary requirements are met. Any
es to quantity to secure a better price an welcww.
These columns to be
QUANTITY UP41T
..a. OEt3CR1PT10N
Y ARANO UNIT
PRtce
Bleachers See Att
Specifications & Drawings Attached Specifi
i
filler In by (ice enotirg
JTOTAL OCLIVE"Y
E
NT FRICE
h�ed Bleac er'
-tions for Did
Each bid must be sealed in separate envelope. addressed to Floyd P. Nesbitt, Director of
PurchaSing, Qty of Lubbock, Box 2000, Lubbock, Texas 79457, and have BID NjalBER
and CLOSING DATE MARKED ON OUTSIDE OF ENVELOPE.
Ai. _ i.!^�'.. I;T BE OUOTED F.O.S. LUBBOCK.
Pricing • .
14--m:-mum of 15 days from receipt of merchandise must be albwed on aIt ¢ash diunle
se�uass �hcr..ise state:.+)
shfnt.lrrt %" ! Iv. mace trom
to nrroallon,Contact mr. Walter Heard (806) 762-6411 Ext. 2651
!
1:cr0,p offers to furnish and deliver the articles or services as specified above at the prices and terms stated and in strict accordance
and ranrral Conditions of Bidding <,n reverse side hereof, all of whic2rar)made a part of this ffer.
,?iRF ^ 3 . 19 _%7 signed By /2r�i l�...r.i l�►.•,►'
AL i;DS.�im BE SIGNED.____ i1
s'
BERL HUFFAN ATHLETIC COMPLEX
• BLEACHER SPECIFICATIONS
Sco-,e
Bleachers shall be bid as per -specifications, drawings and details. Items shall
be unit priced, as outlined for base bid and alternate bid. Installation by owner.
Guarantee
The manufacturer shall guarantee all material and craftsmanship for one year.*
Res i cin
All bleachers shall be 7 rows high, with wood footboardsj seat boards and aisles
as shown on pians. The length of the sections will vary according to location,
see glans and details for description. Each section shall conform to and mount
on concrete slope.
Dimensions
A. Row spacing shall be 24".
B. Seatboard height shall be 18" typical except for the first row which shall
be 17".
C. Rise per row shall'"be 8".
D. Seatboards shall be 2" X 10".
E. Footboards shall be (2)-211 X 10".
F. Aisleboards shall be extensions of 2X10 footboards with the addition of -one 2x6x$.'6"
ror step as shown on sheet 6 of. 25. Topp aisleboards shall be (2) 2"X10" boards
G. Upright supports for seats shall be 1'2"Xly'X%" angle.
H. Cross supports for footboards shall be 2"X112"X3/16" angle, pre -drilled V. -here
necessary.
I. Seat cap shall be 3/8"X2' -5"X7'-2" pre -drilled plate.
J. Aisleboard caps shall be 3/8"X6"X24" pre -drilled plate.
K. . Case runner shall be 2"X1'-i"X';" angle. '
Construction
1. The understructure shall be designed to set directly on the pre -constructed
concrete slope.
2. The base runner shall be pre -drilled to accomodate concrete expanding anchor
I
olts at regular intervals as shown on plans.
3. All steel shall be free from rust, flakes, or impurities that would interfer
finishing or assembly.
4. "n,rd:rire shall be galvanized or stainless steel bolts, nuts, and fasterners;
5. ;:11 footboards and seatboard shall be No. 1 dense Kiln -dried Southern Pine,
eased edges and pressure treated to meet AWPB standard LP -2 and shall
dried after treatment.
6. Understructure shall be A-36 steel, hot dipped galvanized equal to ASTM
specifications #A-123 or it shall be primed and painted. See finishes
for details.
Finish
1.. Wood will have.no•finish. •
2. Bare or lightly rusted steel shall have:
primer - Rust-oleum X-60 or approved equal
2nd coat - Rust-oleum 960 or approved equal
finish coat - Rust-oleum - New Color Horizons #865 Dunes Tan or approved equal
All coatings shall be applied as per manufacturers recommendations. Each
coating shall have a.dry film thickness of i mil.
BiddingRegyirements
Pre-'..' of the Contract will require the successful bidder to
all State Laws In rovisions of Article, use Bill No.45
of the 43rd. Legislature of't P s, concerning the wage scale
pa ,, ent of rn ge scales 'and hours, an rtified copies
` j� untractor's labor and payroll,,and Article 5160 concerning
Each Bidder must submit a cashier check, certified check or bid bond payable
without recourse to the order of City of Lubbock, Texas, in the amount of
five per cent of the largest total amount of his Proposal. This is considered
a guarantee that the bidder will enter into a contract and execute Contract%
Surety within ten days after notice of award. The successful bidder must
furnish bonds in the amount of one hundred per cent of the contract price.
The Urrner reserved the right to accept or reject any or all Proposals. No.
Bidder may withdraw his bid within 30 days after that actual date•of the
opening thereof.
Base Bid •
Total Bid
Fields 1,2,3, & 4 - wood & galvanized understructure $30,350.00
ri r tC ti l a LC D Ili
Fields 1,2,3,& 4 - wood & painted understructure $26,125.00
Any deviations from the above specification and plans must be'fully explained
and accompany bid.
Alternate Bid "A"
. .
Above prices do not include assembly or installation. If assembly and installation is
pro-for,;;ed by Safway Steel Products,•Including anchoring frames to the concrete, add
for the four bleachers
" $ 5,E50.00
Continued on reverse side
IN ACCORDANCE WITH BID REQUEST NO. 5870 AND SUBJECT TO ALL TERMS AND
'. CONDITIONS THEROF WE.QUOTE AS FOLLOWS.
EXCEPTIONS AND CLARIFICATIONS:
Price is based on furnishing nominal length for seat and foot boards lumber
adjacent to the diagonals. All diagonal cuts are to.be made at time of
installation. All other lumber will be furnished cutto the required length.
Drilling'of lumber to be done at time of installation by the installer.
Seat board height will be 17" for all rows.
All isle boards, including the top isle board, will be 2" x 611.
Isle board support will consist of two angles bolted to the under side of the
double foot boards extending out toward the rear to support the 2" x 6" isle
boards. This is in lieu of the system details in 6/C on sheet no. 6.
All lumber butt joints will occur on the center of the seating frames. The
3/8" x 6" x 24" isle board cap plates are not required or furnished.
Foot board support angles will be 1h" x iZ" x in lieu of 2" x iZ" x 3/16
All hardware will be zinc or cadmium plated.
All carriage bolts will be 3/8" diameter in lieu of z" diameter.
Steel finish will be our standard baked on grey enamel in lieu of type and
color specified..' (Reference: Alternated Bid)
Concrete slab must have a minimum thickness of 4" to accommodate the
expansion anchors.
Prices do not include state and local sales tax, permits, approval fees
and concrete.
Prices are based on delivery being made during the third quarter of 1980.
Allow 60 days for delivery after receipt of order and approval. ,
A.I.A. TSoctiment No. A-310 (February 1970 Cd.)'
FIREMAN'S FUND INSURANCE COMPANY
rHE AMERICAN INSURANCE COMPANY
'f NATIONAL SURETY CORPORATION
ASSOCIATED INDEMNITY CORPORATION
AMERICAN AUTOMOBILE INSURANCE COMPANY
BID BOND
n
KNOW ALL MEN BY THESE PRESENTS, that we, SAFV#AY STEEL PRODUCTS
at Principal, hereinafter called the Principal, and DIVISION of ATO, I PIC.
tIAT I OVAL SURETY CORPORATION
a corporation duly organized under the laws of the State of
It LINO I
as Surety. hereinolter called the Surety, are held and firmly bound unto
CITY OF LUBBOCK
�LUCBCCK, TEXAS
as OSlijee, hereinafter called the Obligee, in the sum of FIVE PFRCENT OF THE LARGEST POSSIBLE
GI D_-------------------------- --- ---------- ;.._—_ Dollars (S 50. '
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, esetutors.
adninistratcrs, successors and assigns, jointly and severally. firmly by these presents.
wmn^115. the Principal has submitted a bid for
BL EACHERS
BID ANO. 5870
1'0W• TJ!FW OSE it the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the ObI:gee
in a:c ,. c^ weh the torn- of such bid, and give such bond or bonds a:. may be specified in the bidding or coriUa_t documen�� with
g?o-; an -1 cul( -•;cat urety for the la�thlul +
in I•`s'' r r ;-�_,,t,cn that -4 .r m the event o! thm failure ance (ofuch l o Prin ipnl I) eawi nter micch cc r the Prompt
and give labor
suchabonm ote:bond^ it t'a3
nuch'F`7' ) ny to the DLI:?oe the dlkrence not to exceed the penalty hereof between the amount sh"cilied in said L. i an -1
^.uch larg^r Mn,n:rt !or wh•ch the pt,l,gce may in good faith contract with another party to perform the work c:ivercd by s -3;j t•.j•
then tier. c.!;�,,��,cn cha;l I,e null and void, olherwice to remain in full force and effect.
Signed and sealed this 3 day of of I INE '
A D. 196'0
SAFWAY STEEL PRODUCTS
n"'IFION OF ATO, INC.
(Pancspat) ISaatj
(Witness)
CECIL C. CLARK r1RANCH MAON TER
NATIONAL S11RETY COI POPAT ION
(Surety) -- – " — (Eeat+
Maness) --
C F.4 TRUUC CROC KER Attorney in tact
'' M'1ssFk t)F
" • tl Ifp11�1.1 NATIONALSURFTV CORPORATION
!�\UZ1, tt I. NEti 61' THESE PRESENTS: That NATIONAI. SURETY CORPORATION. a Corptlration duly Organized and etistintt under the laws ,
Ihr S'.!?e elf rl,nm, . and haling its Nome Office in the City of Chicago. Illinois. has made, conmittaird and apptlinted. and docs h) tht ce rresent%`
�•;:n,t.t„rc and orrinntmik
HOWARD COWAN, H. T. WILKINS, GERTRUDE CROCKER
and LADONNA MCKINLEY
Jointly or severally
LUBBOCK, TX. i
t1% I►ne and Lew ful Auorney(s)-►n-Fact, with full power and authtrity herehy conferred in its name. place and stead. It+ etecute. scat. ackmo Alvdre an
erc6tct .tvt :inJ al[ bonds. undertakings• recognizance. or other written ohhgatiofis in the nalure thereof--------------------------
.,n,l I's hint] the (•,trpt)tatiun therehc :is fully and h► the same estent as if touch Minds were signed by the President, sealed with the corporate seal of it,
(- rrr`r1'a`rt
and duh altc%lcd by its Secretary• herchy ratifying and confirming all that the said Attorneyls) to -Fact mai, do to the prernme%.
Pt -Art Of .trtafrtcs Is granted pursuant to Article V111. Section 29 and 341 of liy-Ia%%of NATIOW. Sl'RI:TY C'C)RPOR ATION noc► to full G+te:
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Y.S. CPA MFN 4i N4A'OIh6 AHD UNAAN L*k Vt LUI•MEN
• COMMUNITY OEVFLOPIAENT BLOCK GRANT PROGRAM
CONTRACTOR'S CERTIFICATION
CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS
•` TO (dtynoprlare lleripitatl: DATE
8-20-80
c/^City of lubbock PROJECT NUIA w i t n f ee)r/
PROJECT Of►ME
erl Huffman Athletic Complex
1. The undersigned, having executed a contract with _ - City of Lubbock
for the construction of the above -identified ptoject. acknowledges that:
(a) The Labor Standards provisions are included in the aforesaid eorst.1 C4
(b) Correction of any infractions of the aforesaid conditions, including infractions by any of his subcontractors and
any lower tier subcontractors, is his responsibility; ..
L He certifies that:
(a) Neither he not any firm, partnership or association in which be bas substantial interest is designated as an
ineligible contractor by the Comptroller General of the United States pursuant to Section S.6(b) Of the Regulation:
of the Secretary of Labor, part S 09 CFR, Part 5) or pursuant to Section 3(a) of the Davis-Ea ean Act. as
amended (40 U.S.C. 276u-2140.
(b) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such sub.
contractor or any firm, corporation, partnership or association in which such subcontractor has a substantial
Interest is designated as an ineligible contractor pursuant to any of the aforementioned regulatory or statutory
provisions.
3. He agrees to obtain and forward to the aforementioned recipient within tea days after the execution of any subcontract
Including those executed by his subcontractors and any lower tier subcontractors, a Subcontractor's Certification
Concerning labor Standards and Prevailing Wage Requirements executed by the subcontractors.
d. He certifies that:
(o) The legal name and the business address of the undersigned are:
Safway Steel Products, Division of A -T -O Inc.
2502 Texas Avenue, Lubbock, Texas 79405
(b) The undersigned is:
CS) A SINGLE • ROP.RICTORSNIP U1 A COR►ORAT/OMORGANIZCOONI THE STATE Of'
Ohio
' tat A P ARTNCRSNIP tal oTNCR OR¢ANra:AT10N (Oascribe/
(e) The name, title and address of the owner, partners or officers of the undersianed area
• NAME
TITLE
ADDREss
4420 Sherwin Road
Harry E. Figgie, Jr.
hairman of the. Board
Willoughby, Ohio 44094
4420 Sherwin Roa
Alfred V. Gangnes
President
Willoughby, Ohio 44094
Luther A. Harthun
Vice -President
4420 Sherwin Road
and Secretary
Willoughby, Ohio 44094
Richard W. Patterson
Senior
4420 Sherwin Road
Vice -President
Willoughby, Ohio 44094
James W. Tardiff
Senior Vice-Presidert
4420 Sherwin Road
-and Controlleru
hbv.- Ohio 44094
nuts-u?t ta_�s;
..... .. ....... . .........
.
3., .........
either wsuvis' tats 1;olV
];-c 1—its crid 11;.. .61 end corporate, bovine a
rd Ike no-!,te j O -e invprclq *-a
NAME
ADD^eSS
PS "ATURFOOP rurtrrEST
fWi4420
Sher�win Road
HaHarryE. Figgie, Jr.I I ni Inhk%, A 1k, A A 0"1 A
(9) Ue P.0'ries, addresses and trade classifications of all other building Construction contractors in %hich the arr-detsigned has
-a i"IF'tst of* fit mono, an stetr A.
"AMC ADDRESS TRADE CLASSIVIC&TIO.
2502 Texas AVenue
Cecil B. Clark Lubbock, Tx. 79405 Branch Manager
Safway Steel Products, Division of A -T-0 Inc.
8-20-80
Cecil B. C arks, Branch Mgr.
e il B. C ark, Branch Mgr.
WARNING
C -1 -nal Code, Section ioio. T.Ile 3s, U.S.C.. Provides in part: --wilevver . . . . . ffisills. pa,%*a# "ttlers of p
stare -.ere, hne—g tkt same to be false . . . . . Shall be fined not more Nan SS.000 or imprisoned -w""as'" any
"0' Ory than to Yeaell. or both."
U.S. DEPARTMENT OF MOUSING AND URBAN DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SUBCONTRACTOR'S CERTIFICATION
CONCERNING LABOR STANDARDS AND PREVAILING WAGE REOUIREMENTS
TO(Appopriote Reeipieark DATE
Poo.;ECT NUMaaR f any)
c/o
- PROJECT NAME
1. The undersigned, having executed a contract with
' - ` onrruoror conuactor
rOr _
in the amount of S
in the construction of the above -identified project, certifies that:
(a) ,The Labor Standards Provisions of The Contract For Construction are included in the aforesaid contract.
(b) Neither he nor any firm, corporation, partnership or association in which he has a substantial interest is
designated as an ineligible contractor by the Comptroller General of the United States pursuant to SectionS.6(b)
of the Regulations of the Secretary of Libor, Part S (29 CFA, Part S), or pursuant To Section 3(s) of the Davis -
Bacon Act, as amended (40 U.S.C. 276o -2(a)).
(t)
*No part of the aforementioned contract has been or will be subcontraeied to any subcontractor if such
subcontractor or any firm, corporation, partnership or association In which such subcontractor has a
substantial interest is designated as an ineligible contractor pursuant to the aforesaid regulatory or
statutory provisions.
2. He agrees to obtain and forward to the eontractot, for transmittal to the recipient, within ten days after the execution
of any lower subcontract, a Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Require-
ments, executed by the lower tier subcontractor, in duplicate.
(a) The workmen will report for duty on or about
to
' 3. He certifies that:
(a) The legal name and the business address of the undersigned are:
• (b) The undersigned is:
Ill A sINGLE PROPRIETORSHIP: IM A CORPORATION ORGANIZEOIN THE STATE OF:
121 A PARTNERSHIPt tel OTHER ORGANIZATION (Describes
' (e) The name, title and address of the owner, partners or officers of the undersigned are:
MUD -1422 16-25)
W The names end oddrebses of ell other Persons, both natural end corporate, havina a substantial interest in A& ua�era:en..t
tel the names, addresses and trade classifications of all other building -construction contractors in which the undersigned has
a substonlial interest are (! muse. so slate).-
NAME
late).NAME ADDRESS TRADE CLASSIFICATION
(Su bcoa tractor)
By
(Signature) (Typed ;Mame and Tiilel
WARNING
tl.S. Criminal Code. Section 1010. Title 1E. U.S.C., provides in part: "Whoever..... makes, passes. otters, or publishes any
statement, knowinE the some to be false..... spall be tined not more than 55.000 or imprisoned hot wort than two years, or both.''
a►a aa•rae
CITY OF LUBBOCK
WAGE DETERMINATIONS FOR FEDERALLY FUNDED PROJECTS
HEAVY/HIGHWAY PROJECTS
45 FR 16818
Decision # TX80-4017 Date 3-14-80
DESCRIPTION OF WORK: Heavy (excluding
(does not include building structures
Classification
tunnels & dams) and Highway Projects
in rest area projects.
Basic Hourly Rates
Air Tool Man
$ _
Asphalt Heaterman
4.65
Asphalt Raker
5.00
Asphalt Shoveler
3.50
Batching Plant Scaleman
5.25
Batterboard Setter
_
Carpenter
5.95
Carpenter Helper
5.00
.Concrete Finisher (Paving)
6.50
Concrete Finisher Helper (Paving)
4.60
Concrete Finisher (Structures)
5.35
Concrete Finisher Helper (Structures)
4.75
Concrete Rubber
_
Electrician
8.10
Electrician Helper
_
Fireman
Form Builder (Structures)
_
5.55
Form Builder Helper (Structures)
_
Form Liner (Paving and .Curb)
_
Form Setter (Paving and Curb)
5.50
Form Setter Helper (Paving and Curb)
4.00
Form Setter (Structures)
5.50
Forrs Setter Helper (Structures)
4.50
Laborer, Common
3.50
Laborer, Utility Man
4.35
Manhole Builder, Brick
4.50
Mechanic
5.50
Mechanic Helper
4.10
Oiler
5.00
Serviceman
4.70
Painter (Structures)
_
Painter Helper (Structures)
_
Piledrivermen
_
Pipelayer
4.50
Pipelayer Helper
3.50
Pneumatic Mortarman
_
Powderman
5.50
Powderman Helper
_
Reinforcing Steel Setter (Paving)
_
Classification Basic
Hourly Rates Zone 2
Reinforcing Steel Setter (Structures)
$ 6.10
Reinforcing Steel Setter Helper
-
Steel Worker (Structural)
-
Steel Worker Helper (Structural)
-
Sign Erector
Sign Erector Helper
-
Spreader Box Man
5.10
Swamper
4.55
POWER EQUIPMENT OPERATORS:
Asphalt Distributor
5.00
Asphalt Paving Machine
4.70
Broom or Sweeper Operator
4.00
Bulldozer, 150 HP and less
4.50
Bulldozer, over 150 HP
5.80
Concrete Paving Curing Machine
-
Concrete Paving Finishing Machine
4.35
Concrete Paving Form Grader
-
Concrete Paving Gang Vibrator
-
Concrete Paving Grinder
-
Concrete Paving Joint Machine
-
Concrete Paving Joint Sealer
-
Concrete Paving Longitudinal Float
-
Concrete Paving Mixer
-
Concrete Paving Saw
4.00
Concrete Paving Spreader
-
Paving Sub Grader
-
Crane, Clamshell, Backhoe, Derick, Dragline,
Shovel (less than 111 CY)
5.50
Crane, Clamshell, Backhoe, Derrick, Dragline,
Shovel (1k CY and over)
6.00
Crusher or Screening Plant Operator
4.80
Elevating Grader
4.00
Form Loader
-
Foundation Drill Operator (Crawler Mounted)
5.85
Foundation Drill Operator (Truck Mounted)
7.00
Foundation Drill Operator Helper
4.50
Front End Loader (2;1 CY and less)
4.75
Front End Loader (Over 211CY)
5.20
Mixer (Oven' 16 CF)
-
Mixer (16 CF and less)
-
Motor Grader Operator, Fine Grade
6.75
Motor Grader Operator
6.00
Pump Crete
Roller, Steel Whell (Plant -Mix Pavements)
4.25
Roller, Steel Wheel (Other Flat Whell or Tamping)
4.45
Roller, Pneumatic (Self -Propelled)
4.00
Scrapers (17 CY and less)
4.55
Scrapers (Over 17 CY)
5.Q0
Self -Propelled Hammer
-
Side Boom
-
Tractor (Crawler type) 150 HP and less
4.05 -.
Tractor (Crawler type) over 150 HP
4.50
Tractor (Pneumatic) 80 HP and less
4.00
Tractor (Pneumatic) over 80 HP
4.55
Traveling Mixer
4.25
Trenching Machine, Light
4.20
Trenching Machine, Heavy
-
Wagon Drill, Boring Machine or Post Hole Driller
Operator
4.60
• r-
'Classification Basic Hourly Rate Zone 2
TRUCK DRIVERS:
Single Axle, Light $4.05
Single Axle, Heavy 4.10
Tandem Axle or Semitrailer -
Lowboy -Float 5.00
Transit Mix _
Winch
Vibrator Man (Hand type) _
Welder 5.40
Welder Helper 3.50
Zone 2 - Bailey, Borden, Cochran, Cottle, Crosby, Dawson, Dickens, Fisher,
Floyd,_Foard, Gaines, Garza, Hale, Haskell, Hockley, Jones, Kent, King,
Knox, Lamb, Lubbock, Lynn, Motley, Scurry, Shackelford, Stephens, Stonewall,
Terry, Throckmorton, Yoakum and Young Counties.
FIREMAN'S FUND INSURANCE COMPANY
THE AMERICAN INSURANCE COMPANY
NATIONAL SURETY CORPORATION
Art�t FUND
ASSOCIATED INDEMNITY CORPORATION MC WE
ACT
FIRE1+d� �'Yiiii AMERICAN AUTOMOBILE INSURANCE COMPANY
t PERFORMANCE BOND
In"M 1EIEOt"CE COM..MEt +�a�aa
HOME OFFICE, SAN FRANCISCO, CALIFORNIA
STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS AS
AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION, 1959
KNOW ALL MEN BY THESE PRESENTS, that SAFVIAY STEEL PRODUCTS-, DIVISION OF A—T—O, Mr.
(hereinafter called the Principal(s)), as Principal(s), and
NATIONAL SURETY CORPORATION
(hereinafter called the Surety(s)), as Surety(s), are held and firmly bound unto
CITY OF LUBBOCK
(hereinafter called the Obligee), in the amount of THIRTY ONE THOUSAND NINE HUNDRED SEVENTY—FIV
ANDNO/100-------------------------------------------------- ---------
�lars
(� 31, 9 7 5 . 0 0 ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators,
executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the—2 1 S T day of A UG L1 S T
lg 80, to PROJECT NUMBER FRS 4142 BERL HUFFMAN ATHLFTIC COMPLEX— Pl FArHFR4
FOR CITY OF LUBBOCK
which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in .
accordance with the plans, specifications and contract documents, then this obligation shall be void otherwise to remain in full force
and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as
amended by Acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with
the provisions of said article to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed this instrument this 2 1 Shay of AUGUST
ie—LL
SAFWAY ST EL PRODUCTS DIVISION A—T—O,-IN
(PRINCIP
(PRINCI
(PRINCIPAL)
NATIONAL SURETY CORPORATION
COR
CPORA U T
GER RUDE C R O C K E R Attorney -in -Fact
360241-3-75
FIREMAN'S FUND INSURANCE COMPANY
THE AMERICAN INSURANCE.COMPANY
NATIONAL SURETY CORPORATION
ASSOCIATED INDEMNITY CORPORATION
AMERICAN AUTOMOBILE INSURANCE COMPANY
HOME OFFICE: SAN FRANCISCO,. CALIFORNIA
STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS AS
AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION, 1959.
MC GREGOR ACT
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS, that SAFWAY STEEL PRODUCTS, DIVISION OF A—T—O, INC.
(hereinafter called the Principal(s)), as Principal(s), and
NATIONAL SURETY CORPORATION
(hereinafter called the Surety(s)), as Surety(s), are held and firmly bound unto
GITY OF LUBBOCK
(hereinafter called the Obligee), in the amount of TH TRTY ONE TH011SAM N 1 NF H HDRED SEVENTY—FIVE
AND NOj-OA---------------•--------------------- oliars
fl;
-31,975 . () ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators,
executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 2 15 T day of AUGUST
19—yQ_,to PRO.IFrT NIIMRFR FRS 4149 — RERL H FFMAN ATHLETIC COMPLEX BLEACHERS
—FOR CITY mr i tlRRf)rK
wiuca contract is nereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay alI claimants supplying
labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be
void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that his bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas aq
amended by Acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with
the provisigns of said Article to the same extent as if it were copied at length herein
IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed this instrument this_2_1ay of AUGUST
SAFWAY STEEL PRODUCTS, DIVISION A—T—O,I
(PR L)
PRINCIP
(PRINCIPAL)
NATIONAL SURETY COP.PORATION
CORPORATE RETY
BY
360240-3.75 IRTR:&UDE C R 0 C K E R Attorney -in -Fact
r
kEN NATIONAL SURETY CORPORATION
LIv%1EN BY THESE PRESENTS: That NATIONAL SURETY CORPORATION. a Corporation duly organized and existing under the laws of
of Illinois, and having its Home Office in the City of Chicago. Illinois. has made, constituted and appointed. and does by these presents make.:
constitute and appoint
HOWARD COWAN, H. T. WILKINS, GERTRUDE CROCKER
and LADONNA MCKINLEY
Jointly or severally
LUBBOCK, TX.
its true and lawful Attorneys) -in -Fact. with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and
deliser any and all bonds, undertakings, recognizances or other written obligations in the nature thereof --------------------------
and to hind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President. sealed with the corporate zeal of the
Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneyis)-in-Fact may do in the premises.
This poiAcr of attorney is granted pursuant to Article VIII. Section 29 and 30 of By-laws of NATIONAL SURETY CORPORATION now in full force
and effect.
Aru+lc ', III. Appouumrnm and Authorir+ ..J Re+,drart A.vO%lant S., refuriet. uud Atliunre•in-Fut r sand Aeenrt ht to, it -jig Leat Yna r+. unit %ini, Appt ,runt r.
2m Atq,,nnu,.rnr 'rhe Chairman of thr Huard of hir"wrs. Inc Pre+tdeni. ant Vice -President pr ant usher peisun authonied M the Huard of rhrecttrr+. the Chairman of the Board of
ttireu*.. the President or ant Vice -President. mat. from time to time. apptnm Resident A++,strnt Seerctrrics and .itturnets-m-Fs,t k, repn•wril and act aur and an behalf of the ('ompant and
Agen-, •.• ,,.rpt legal prt ccs and make appearance+ fur and on behalf of the Campion).
Se.'i-.r ,t, Aurh„rift rhe Atahomnt of su:h Resident Assistant Secrelane,. Atturnets-in-Faci..md Agent„troll he a, pres:nc�d in the m„n,mem ct tdencing their appou
intment and an+ .:h
.r P, .., J all auihonh granted thereto m:., he rewlted at an. time I,t the Bo:ird of ri-c: inr, it, ht .int per—ri empaaereJ it, mak. .u:h apptnnin,ent '
*i -hl% pts s. cr of attorney is signed and sealed under and ry the .authority of the follow ing Resolution adopted by the Board of Directors of NATIONAL
S( RE” C'OkPORATION at a meeting duh' called and held on the 7th Jay of September. 197.2. and maid Resolution has not been amended or
repc.ae !
RI M it." LD. that the signature of any Vice -President. Assistant Secretary. and Resident Assistant Secretaiy of this Corporation. and the seal of this
Cwpor..ron may he Afixed or primed on any power of attorney, on any relocation of any po%ter of attorney. or on any certificate relating thereto, hi,a
fit,-imi,c. nd am power of attorney. air revocation of any po%%cr of attorney . of certificate hearing such facsimile signature or facsimile seal shall hr
sated ar:L: +inding upon the Corporation. '
1N A 1TNESS WHEREOF. NATIONAL SURETY CORPORATION has caused those presents to he signed be its Vice -President.
and its corporate seal to hr hcreunto afl9xed'lhis4thLday of nCtoheL_
=,F��
r ^ NATIONAL SURETN' CORPORATION
�<` - B. •
14: XTEOFC.A1.1FORM A.
(Itl A'J)('O("sJY )I"SAN FRANCISCO I
9th Jay if. October 1919, before me perm nalh came Wi l l i aM W_ I atther
•o F. •,-n: ,s ho. being by me duly sworn. did depose and sat: that he Is Lice -President of NATIONAL SURETY CORPORATION. the Corporation
Jr,,nb.J ii and ,.hich executed the ahoxc instrument. chat hr knows the seial of said Corporation: that the seal affixed to the said instrument is such
so;nor.,tr seal: that it was so affixed h% order of the Board of Dileclors of said Corporation and that he signed his name thereto by like order.
IN 'A H N I.SS N'H FREOF. I ha%e hereunto set mt hand and atfixed me official sea). the d.,% and y car herein first abuse t+; itten.
�urannnranrnnnrenuunrrnrrmnrrununu ■
OFFICIAL SEAL = a
.. SUSIE K. GILBERT�j
'll NOTARY PUBLIC - CALIFORNIA
CITY At COUNTY OF SAN FRANCISCO ` 1.•tan Pi.r h:
My Commission Expires Net. 17, 1980
arw eIII II rnueuuornnnwnerrtnngtusarreut0 CERTIFICATE
s I ATE OF CALIFORNIA.
`• S5.
('ITS AND COUNTN' OF SAN FRANCISCO 1
1. the t nJeisigncd. Assistarii Secretary of NATIONAL. SURETY CORPORATION. an ILLINOIS Corporation. DO HEREBY CERTIFY that the
f+,rq:oin, and attached POWER OF ATTORNEY remains in full force and has not been revoked: and furthermore that Article Vlll. Sections
.,nd ;it of the By-laws of the Corporation. and the Resolution of the Board of Directors. set forth in the Power of Attorney, are now in force.
�tenrd .t:tt staled at the City andCounty of San Francisco. Dated the_2 1 115 'if-. AUGUST .-- --`-- _- A. 19 $_0--
i�ix-�Yc'- � .
e4Jb l `''3 (�' x t i w
� r1 .Assr.u+nt ti. iretan
360711 IHO,—NS-3.76
MUD -42394
U.S. Department of Housing and Urban Development
CERTIFICATE OF OWNER'S ATTORNEY
I. the undersigned. the
duly authorized and acting legal representative of
do hereby certify as
follows:
I have examined the attached contract(s) and surety► bonds and the manner
of execution thereof. and I am of the opinion that each of the aforesaid
agreements has been duly executed by the proper parties thereto acting
through their duly authorized representatives; that said representatives
have full power and authority to execute said agreements on behalf of the
respective parties named thereon; and that the foregoing agreements consti-
tute valid and legally binding obligations upon the parties executing the
same in accordance with terms. conditions and provisions thereof.
Date:
HUD -Wash.. D. C.
t {
BERL HUFFIAN ATHLETIC COMPLEX
BLEACHER.SPECIFICATIONS
Scone
Bleachers shall be bid as per•specifications, drawings and details. Items shall
be unit priced, as outlined for base bid and alternate bid. Installation by owner.
Gua rnntoe
The ranufacturer shall guarantee all material and craftsmanship for oneear. •
Ce; i r7n Y
All bleachers shall be 7 rows high, with wood footboards, seat boards and aisles
as shown on plans. The length of the sections will vary according to location,
sen elans and details for description. Each section shall conform to and mount
on concrete slope.
-Dirrnsions
A. Roel spacing shall be 24".
B. Seatboard height shall be 18" typical except -for the first row which shall
be 17
C. r=ise per row shalf"be 8".
D. ^'tboards shall be 2" X 10t1.
E. rrotboards shall be(2)-2" X 10"•
F• Airleboards shall be extensions of 2X10 footboards with 1t
r*"r steP as shown on sheet 6 of. 25. To aisleboards shallebed(2)�Z"X10"oboar�6x�: 6
G. ��:right Slipports for seats shall be 12 X1 z angle.
i.tt 1.11 A g
H. CrO's supports for footboards shall be 2"X1'2"X3/16" angle, pre -drilled a;here
n^pessary•
I• ^a� Cap shall be 3/8"Y,2'-i"X7'-2" pre -drilled plate.
J. Aielcboard caps shall be 3/8"X6"X24" pre -drilled plate.
Y• . �a;e runner shall be 2"X1'2"X'4" angle.
Construction
1- The understructure shall be designed to set directly on the pre -constructed
concrete slope.
2• hq base runner shall be pre -drilled to accomodate concrete expanding anchor
:)olts .at regular intervals as shown on plans.
3. :li steel shall all be free from rust,
,. flakes, or impurities that would interfer
finishing or asserbly•
• �' .:r•e shall be galvanized or stainless steel bolts, nuts, and fasterners
5. rrotboards and seatboard shall be No. 1 dense Kiln -dried Southern Pine,*
r • n
:i iii eased edges and pressure treated to meet AWPB standard LP -2 and shall
/� ger treatment.
6, understructure shall be A-36 steel, hot dipped galvanized equal to ASTM
specifications M-123 or it shall be primed and painted. See finishes.
`or details.
Finish
1. flood will have no finish.
2. Mare or lightly rusted steel shall have:
primer - Rust-oleum X-60 or approved equal
2nd coat - Rust-oleum 960 or approved equal
finish coat - Rust-oleum - flew Color Horizons #865 Dunes Tan or approved equal
All coatings shall be applied as per manufacturers recommendations. Each
coating shall have a dry film thickness of 1 mil.
Siddin2 Requirements
of the Contract will require the successful bidder to
all State Lases n„ A rovisions of Art i use Bill No.45
of the 431rd. Legislature of t P as, concerning the wage scale
^nt of or^�� i, . ►�oge scales and hours, an rtified copies
:,untractor's labor and payroll, and Article 5160 concerning ►.'
Each Bidder must submit a cashier check, certified check or bid bond payable
without recourse to the order of City of Lubbock, Texas, in the amount of
five per cent of the largest total amount of his Proposal. This is considered
a carra ntce that the bidder will enter into a contract and execute Contract'.
`an�et,
within ten days -after notice of award. The successful bidder must
f-urn:sh bords in the amount of one hundred per cent of the contract price.
The (".mer reserved the right to accept or reject any or all Proposals. No
ray withdraw his bid within 30 days after that actual date 'of the
one !l i n3 thereof.
� 1 ,
-3i d Total Bid
Field's'l,2,3, & 4 - wood b galvanized understructure $30,350.00
r i;)tr• EBid
Melds 1,2,31,& 4 - wood &painted understructure $26,125.00
Any deviations from the above specification and plans must be"fully explained
and ccclompany bid.
1-bovo prices do not include assembly or installation. If assembly and installation is
rs"r 3► ::'J 5y Safway Steel Products,.Including anchoring frames to the concrete, add
fcsr bleachers $ 51850.00
Continued on reverse side
IN ACCORDANCE WITH BID REQUEST NO. 5870 AND SUBJECT TO ALL TERMS AND
CONDITIONS THEROF WE.QUOTE AS FOLLOWS.
EXCEPTIONS AND CLARIFICATIONS:
Price is based on furnishing nominal length for seat and foot boards lumber
adjacent to the diagonals. All diagonal cuts are to.be made at time of
installation. All other lumber will be furnished cutto the required length.
Drilling of lumber to be done at time of installation by the installer.
Seat board height will be 17" for all rows.
All isle boards, including the top isle board, will be 2" x 6".
Isle board support will consist of two angles bolted to the under sideof the
double foot boards extending out toward the rear to support the 211 x 611isle
hoards. This is in lieu of the system details in 6/C on sheet no. 6.
All lumber butt joints will occur on the center of the seating frames. The
3/3" x 6" x 24" isle board cap plates are not required or furnished.
Foot board support angles will be 12" x 12" x la" in lieu of 2" x 12" x 3/16".
All hardware will be zinc or cadmium plated. _
All. carriage bolts will be 3/8" diameter in lieu of 2" diameter.
Steel finish will be our standard baked on grey enamel in lieu of type and
color sp,-',cified.`.(Reference: Alternated Bid)
Concrete slab rust have a minimum thickness of 4" to accommodate the
expansion anchors.
Prices do not include state and local sales tax, permits, approval fees
and concrete.
Prices are based on delivery being made during the third quarter of 1980.
Allen 60 days for delivery after receipt of order and approval.
V=
U.S. DEPARTMENT OF MOUSI14C AND URBAN DEVELOPMENT
Community Development Block
' Grant Program
GENERAL CONDITIONS
1. . Contract and Contract Documents
The project to be constructed pursuant to this contract will be financed with assistance
from the Department of Housing and Urban Development and is subject to all applicable
Federal laws and regulations.
The Plans, Specifications and Addenda, hereinafter enumerated in Paragraph 1 of the
Supplemental General Conditions shall form part of this Contract and the provisions thereof
shall be as binding upon the parties hereto as if they were herein fully set forth. The table
of contents, titles, headings, running headlines and marginal notes contained herein and in
said documents are solely to facilitate reference to various provisions of the Contract
Documents and in no way affect, limit or cast light on the interpretation of the provisions
to which they refer.
Contents*
1. Contract and Contract Documents
2. Definitions
3. Additional Instructions and Detail
Drawings
4. Shop or Setting Drawings
S. Materials, Services, and Facilities
6. Contractor's Title to Materials
7. Inspection and Testing of Materials
8. "Or Equal" Clause
9. Patents
10. Surveys, Permits and Regulations
11.• Contractor's Obligations
12. Weather Conditions
13. Protection of Work and Property --
Emergency
14. Inspection
15. Reports, Records and Data
16. Superintendence by Contractor
17. Changes in Work
18. Extra s
19. Time for Completion and Liquidated
Damages
,2,p. Correction of Work
21. Subsurface Conditions Found Different
22. Claims for Extra Cost
23. Right of Owner to Terminate Contract
24. Construction Schedule and Periodic
Estimates
25. Payments to Contractor
26. Acceptance of Final Payment as Release
27. Payments by Contractor
28. Insurance
29. Contract Security
30. Additional or Substitute Bond
31. Assignments
32. Mutual Responsibility of Contractors
33. Separate Contracts
34. Subcontracting
35. Architect/Engineer's Authority
fR)
36. Stated Allowances
37. Use of Premises and Removalof Debris
38. Quantities of Estimate
39. Lands and Rights -of -Way
40. General Guaranty
41. Conflicting Conditions
42. Notice and Service Thereof
43. Required Provisions Deemed Inserted
44. Protection of Lives and Health
45. Subcontracts
46. Equal Employment Opportunity
47. Interest of Member of Congress
48.• Other Prohibited Interests
49. Use Prior to Owner's Acceptance
50. Photographs
S1. Suspension of Work
•52. Minimum Wages
53. Underpayments of Wages
54. Anticipated Fringe Fenefits
55. Overtime Compensation
56. Apprentices
57. Employment Prohibited
58. Compliance with Anti -kickback Act
59. Classifications Not Listed
60. Fringe Benefits Not Expressed
61. Posting Wage Rates
62. Complaintss Proceedings or Test-
imoriy
63. Claims and Disputes
611. Questions Concerning Regulations
65. Payrolls and Records
66. Specific Coverage
67. Ineligible Subcontractors
68. Provisions to be Included
69. Breach of Labor Standards
70. Employment Practices
71. Contract Termination; Debarment
HUD -42385 Previous edition ,s obsolete ** Attachment to Federal Labor Standards Provisions
A=-
2. Definitions
The following terms as used in this contract are respectively defined as follows:
(a) "Contractor": A person, firm or corporation with whom the contract is made by the
Owner.
(b) "Subcontractor": A person, firm or corporation supplying labor and materials or only
labor for work at the site of the project for, and under separate contract or agreement
with, the Contractor.
(c) "Work on (at) the project": Work to be performed .at the location of the project, includ-
ing the transportation of materials and supplies to or from the location of the project
by employees of the Contractor and any Subcontractor.
3. Additional Instructions and Detail Drawings
The Contractor will be furnished additional instructions and detail drawings as necessary
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 fixingthe
respective dates for the submission of shop drawings, the beginning of manufacture, test-
ing and installation of materials, supplies and equipment, and the completion of the various
parts of the work: each such schedule to be subject to change from time to time in accord-
ance with the progress of the work.
4. Shop or Setting Drawings
to
The Contractor, shall submit promptly to the Architect/Engineer two copies of each shop
or setting drawing prepared in accordance with the schedule predetermined as aforesaid.
After examination of such drawings by the Architect/Engineer and the return thereof, the
Contractor shall make such corrections to the drawings as have been indicated and shall
furnish the Architect/Engineer with two corrected copies. If requested by the Architect/
Engineer the Contractor must furnish additional copies. Regardless of corrections made in
or approval given to such drawings by the Architect/Engineer. the Contractor will never-
theless be responsible for the accuracy of such drawin s and for their conformity to the
Plans and Specifications, unless he notifies the Architect/Engineer in writing of any devia-
tions at the time he furnishes such drawings.
5. Materials, Services, and Facilities
(a) It is understood that except as otherwise specifically stated in the Contract Documents,
the Contractor shall provide and pay for all materials, labor, tools, equipment, water.
light. power, transportation, superintendence, temporary construction of every nature.
and all other services and facilities of every nature whatsoever necessary to execute,
complete, and deliver the work within the specified time.
(b) Any work necessary to be performed after regular working hours, on Sundays or Legal
Holidays, shall be performed without additional expense to the Owner.
6. Contractor's Title to Materials
No materials or supplies for.the work shall be purchased by the Contractor or by any Sub-
contractor subject to any chattel mortgage or under a conditional sale contract or other
agreement by which an interest is retained by the sealer. The Contractor warrants that
he has good title to all materials and supplies used by him in the work. free from all
liens, claims or encumbrances.
2
HUD -4238s (9-701
7. Inspection and Testing of Materials
All materials and equipment used in the construction of the project shall be subject to
adequate inspection and testing in accordance with accepted standards. The laboratory
or inspection agency -shall be selected by the Owner. The Owner will pay for all labo-
ratory inspection service direct, and not as a part of the contract.
(b) Materials of construction, particularly those upon which the strength and durability
of the structure may depend, shall be subject to inspection and testing to establish con-
formance with specifications and suitability for uses intended.
S. "Or Equal" Clause
Whenever a material, article or piece of equipment is identified on the plans or in the
specifications by reference to manufacturers' or vendors' names, trade names. catalogue
numbers, etc., it is intended merely to establish a standard: and, any material, article, or
equipment of other manufacturers and vendors which will perform adequately the duties
imposed by the general design will be considered equally acceptable provided the material.
article, or equipment so proposed, is, in the opinion of the Architect/Engineer, of equal
substance and function. It shall not be purchased or installed by the contractor without the
Architect/Engineer's written approval.
9. Patents
(a) The Contractor shall hold and save the Owner and its officers, agents, servants, and
employees harmless from liability of any nature *or kind, including cost and expenses
for, or on account of, anypatented or unpatented invention, process, article, or appliance
manufactured or used in the performance of the contract. including its use by the
Owner, unless otherwise specifically sti ulated in the Contract Documents.
(b) License or Royalty Fees: License andjor Royalty Fees for the use of a process which
is authorized by the Owner of the project. must be reasonable, and paid to the holder of
the patent, or his authorized licensee, direct by the Owner and not by or through the
Contractor.
(c) If the Contractor uses any design, device or -materials covered by letters. patent or'
copyright, he shall provide for such use by suitable agreement with the Owner of such
patented.'or copyrighted design, device or material. It is mutually agreed and under-
stood, that, without exception, the contract prices shall include all -royalties or costs
arising from the use of such design, device or materials, in any way involved in the
work. The Contractor and/or his Sureties shall indemnify and save harmless the Owner
of the project from any and all claims for infringement by reason of the use of such
patented or copyrighted design, device or materials or any trademark or copyright in
connection with work agreed to be performed under this contract, and shall indemnify
the Owner for any cost, expense or damage which it may be obliged to pay by reason
of such infringement at any time during the prosecution of the work or after completion
of the work.
10. Surveys, Permits, and Regulations
Unless otherwise expressly provided for in the Specifications, the Owner. will furnish to the
Contractor all surveys necessary for the execution of the work.
The Contractor shall procure and pay all permits, licenses and approvals necessary for
the execution of his contract.
The Contractor shall comply with all laws, ordinances, rules, orders, and regulations re-
lating to performance of the work, the protectionof adjacent property, and the maintenance
of passageways, guard fences or other protective facilities.
11. Contractor's Obligations
The Contractor shall and will, in good workmanlike manner. do and perform all work and
furnish all supplies and materials. machinery, equipment, facilities and means, except as .
3
Hua -4238s (R)
herein otherwise expressly specified, necessary or proper toperform and compif-te all the
work required by this contract, within the time herein specified. in accordance with the
p-eovisions of this contract and said specifications and in accordance with the plans and
drawings covered* by this contract any and all supplemental plans and drawings, and in
accordance with the directions of the Architect/Engineer as given from time to time during
``=• the progress of the work. He shall furnish..erect, maintain, and remove such construction
plant and such temporary works as maybe required.
The Contractor shall observe, comply with, and be subject to all terms, conditions. require-
ments, and limitations of the contract and specifications, and shall do, carry or., and com-
plete the entire work to the satisfaction of the Architect/Engineer and the Owner.
12. Weather Conditions
In the event of temporarysuspensionofwork. or during inclement weather, or whenever the
Architect/ Engineer shall direct. the Contractor will, and will cause his subcontractors to
protect carefully his and their work and materials against damage or injury from the
weather. If. in the opinion.of the Architect/Engineer, any work or materials shall have
been damaged or injured by reason of failure on the part of the Contractor or any of his
Subcontractors so to protect his work, such materials shall be removed and replaced at
the expense of the Contractor.
13. 'Protection of Work and P roperty- -Emergency
The Contractor shall at all times safely guard the Owner's property from injury or loss in
connection with this contract. He shall at all times safely guard and protect his oven work,
and that of adjacent property from damage. The Contractor shall replace or make good any
such damage. loss or injury unless such be caused directly by errors contained in the con-
tract or by the Owner, or his duly authorized representatives.
In case of an emergency which threatens loss or injury of property. and/or safety of life.
the Contractor will be allowed to act, without previous instructions from the Architect/
Engineer, in a diligent manner. He shall notify the Architect/Engineer immediately there-
after.Any claim for compensation by the Contractor due to such extra work shall be
promptly submitted to the Architect/Engineer for approval.
Where the Contractor has not taken action but has notified the Architect/Engineer of an
emergency threatening injury to persons or damage to the work or any adjoining. property.
he shall act as instructed or authorized by the Architect/Engineer.
The amount of reimbursement claimed by the Contractor on account of any emergency
action shall -be determined in the manner provided in Paragraph 17 of the General Condi-
tions.
14. Inspection
The authorized representatives and agents ofthe Departmentof Housing and Urban Deve*cp-
ment shall be permitted to inspect all work, materials, payrolls, records of personnel,
invoices of materials, and other relevant data and records.
15. Reports, Records, and Data
The Contractor shall submit to the Owner such schedule of quantities and costs, progress
schedules, payrolls. reports, estimates, records and other data as the Owrwr may request
concerning work performed or to be performed under this contract.
16. Superintendence by Contractor
At the site of the work the Contractor shall employ a construction superintendent or fore-
man who shall have full authority to act for the Contractor. It is understood that such
representative shall be acceptable to the Architect./Engineer and shall be one who can be
continued in that capacity for the particular job involved unless he :.uses to be on the
Contractor's payroll.
4
MUD-t238S 14-741
12. • Changes in Work
No changes in the work covered by the approved Contract Documents shall be made with-
out having prior written approval of the Owner. Charges or credits for the work covered
by the approved change shall be determined by one or more, or a combination of the fol-
lowing methods:
(a) Unit bid prices previously approved.
(b) An agreed lump sum.
(c) The actual cost of:
1. Labor, including foremen
2.• Materials entering permanently into the work;
3. The ownership or rental cost of construction plant and equipment during the time of
use on the extra work;
4. Power and consumable supplies for the operation of power equipment;
5. Insurance;
6. Social Security and old age and unemployment contributions.
To the coat under (c) there shall be added a fixed fee to be agreed upon but not to exceed
fifteen percent (155e) of the actual cost of the work. The fee shall be compensation to
cover the cost of supervision, overhead, bond, profit and any other general expenses.
18. Extras
Without invalidating the contract, the Owner may order extra work or make changes by
altering, adding to or deducting from the work, the contract sum being adjusted accordingly,
and the consent of the Surety being first obtained where necessary or desirable. All the
work of the kind bid upon shall be paid for at the price stipulated in the proposal, and no
claims for any extra work or materials shall be allowed unless the work is ordered in
writing by the Owner or its Architect/Engineer, acting officially for the Owner, and the
price is stated in such order.
19. Time for Completion and Liquidated Damages
It is hereby understood and mutually agreed, byand between the Contractor and the Owner,
that the date of beginning and the time for completion as specified in the contract of the
work to be done hereunder are ESSENTIAL CONDITIONS of this contract; and it is further
mutually understood and agreed that the work embraced in this contract shall be commenced
on a date to be specified in the "Notice to Proceed."
The Contractor agrees that said work shall be prosecuted regularly, diligently, and un-
interruptedly at such rate of progress as will .insure full completion thereof within the
time specified. It is expressly understood and agreed, by and between the Contractor and
the Owner, that the time for the completion of the work described herein is a reasonable
time for the completion of the same, taking into consideration the average climatic range
and usual industrial conditions prevailing in this locality.
If the said Contractor shall neglect, fail or refuse to complete the work within the time
herein specified, or any proper extension thereof grantedby the Owner, then the Contractor
does hereby agree, as a part consideration for the awarding of this contract, to pay to the.
Owner the amount specified in the contract, not as a penalty but as liquidated damages for
such -breach of contract as hereinafter set forth, for each and every calendar day that the
Contractor shall be in default after the time stipulated in the contract for completing the
work.
The said amount is fixed and agreed upon by and between the Contractor and the Owner
because of the impracticability and extreme difficulty of fixing and ascertaining the actual
damages the Owner would in such event sustain, and said amount is agreed to be the amount
of damages which the Owner would sustain and said amount shall be retained from time
to time by the Owner from current periodical estimates.
It is further agreed that time is of the essence of each and every portion of this contract
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
Hua-423as (R� 5
I
, t
allowed for the completion of any work, the new time limit fixed by such -extension shall.
be 'of the essence of this contract. Provided, that the Contractor shall not be charged
with liquidated damages or any excess cost whenthe Owner determines that the Contractor
is without fault and the Contractor's reasons for the time extension are acceptable to:
the Owner; Provided, further, that the Contractor shall not be charged with liquidated
damages or any excess cost when the delay in completion of the work is due:
(a) To any preference, priority or allocation order duly issued by the Government;
(b) To unforeseeable cause beyond the control and without the fault or negligence of the
Contractor, including, but not restricted to, acts of God, or of the public enemy, acts
of the Owner, acts of another Contractor in the performance of a contract with the
Owner, fires, floods. epidemics, quarantine restrictions, strikes, freight embargoes,
and severe weather; and
(c) To any delays of Subcontractors or suppliers occasioned by any of the causes specified
in subsections (a) and (b) of this article:
Provided, further, that the Contractor shall, within ten (10) days from the beginning of
such delay, unless the Owner shall grant a further period of time prior to the date of final
settlement of the contract, notify the Owner, in writing, of the causes of the delay, who
shall ascertain the facts and extent of the delay and notify the Contractor within a reason-
able time of its decision in the matter.
20. Correction of Work
All work, all materials, whether incorporated in the work or not, all processes of manu-
facture, and all methods of construction. shall be at all times and places subject to the
inspection of the Architect/Engineer who shall be the final judge of the quality and suit-
ability of the work, materials, processes of manufacture, and methods of construction
for the purposes for which they are used. Should they fail to meet his approval they shall
be forthwith reconstructed, made good. replaced and/or corrected, as the case may be,
by the Contractor at his own expense. Rejected material shall immediately be removed
from the site. If, in the opinion of the Architect/Engineer, it is undesirable to replace
any defective or damaged materials or to reconstruct or correct any portion of the work
�•,: injured or not 'performed in accordance with the Contract Documents, the compensation to
be paid -to the Contractor hereunder shall be reduced by such amount as in the judgment
of the Architect/Engineer shall be equitable.
• 21. Subsurface Conditions Found Different
Should the Contractor encounter sub -surface and/or latent conditions at the site materially
differing from those shown on the Plans or indicated in the Specifications, he shall imme-
diately give notice to the Architect/Engineer of such conditions before they are disturbed.
The Architect/Engineer will thereupon promptly investigate the conditions, -and if he finds
that they materially differ from those shownonthe Plans or indicated in the Specifications,
he will at once make such changes in the Plans and/or Specifications as he may find nec-
essary, any increase or decrease of cost resulting from such changes to be adjusted in
the manner provided in Paragraph 17 of the General Conditions.
22. Claims for Extra Cost
No claim for extra work or cost shall be allowed unless the same was done in pursuance
of a written order of the Architect/Engineer approved by the Owner, as aforesaid. and
the claim presented with the first estimate after the changed or extra work is done. When
work is performed under the terms of subparagraph 17(c) of the General Conditions. the
Contractor shall furnish satisfactory bills, payrolls and vouchers covering all items of
cost and when requested by the Owner, give the Owner access to accounts relating thereto.
23. Right of the Owner to Terminate Contract
In the event that any of the provisions of this contract are violated by the Contractor. or by
any of his subcontractors. the Owner may serve written notice upon the Contractor and
the Surety of its intention to terminate the contract, such notices to contain the reasons for
HUD -42385 (0-70)
• such intention to terminate the contract, and unless within ten (10) days after the serving
• of such notice upon the Contractor, such violation or delay shall cease and satisfactory
' arrangement of correction be made, the contract shall, upon the expiration of said ten (10)
days, cease and terminate. In the event of any such termination, the Owner shall imme=
diately serve notice thereof upon the Surety and the Contractor and the Surety shall have
the right to take over and perform the contract; Provided, however, that if the Surety does
- not commence performance thereof within ten (10) days from the date of the mailing to
such Surety of notice of termination, the Owner may take over the work and prosecute the
same to completion by contract or by force account for the account and at the expense of
the Contractor and the Contractor and his Surety shall be liable to the Owner for any ex-
cess cost occasioned the Owner thereby, and in such event the Owner may take possession
of and utilize in completing the work, such materials. appliances, and plant as may be on
the site of the work and necessary therefor.
24. Construction Schedule and Periodic Estimates
Immediately after execution and delivery of the contract, and before the first partial pay-
ment is made, the Contractor shall deliver to the Owner an estimated construction progress
schedule in form satisfactory to the Owner, showing the proposed dates of commencement
and completion of each of the various subdivisions of work required under the Contract
Documents and the anticipated amount of each monthly payment that will become due the
Contractor in accordance with the progress schedule. The Contractor shall also furnish on
forms to be supplied by the Owner (a) a detailed estimate giving a complete breakdown of
the contract price and (b) periodic itemized estimates of work done for the purpose of
:raking partial payments thereon. The costs employed in making up any of these schedules
will be used only for determining the basis of partial payments and will not be considered
as fixing a basis for additions to or deductions from the contract price.
25. Payments to Contractor
(a) Not later than the 15th day of each calendar month the Owner shall make a progress
payment to the Contractor on the basis of a duly certified and approved estimate of
the work performed during the preceding calendar month under this contract. but to
insure the proper performance of this contract, the Owner shall retain ten percent (10%)
of the amount of each estimate until final completion and acceptance of all work
covered .by this contract: Provided, that the Contractor shall submit his estimate
w_ not later than the first day of the month; Provided, further, that the Owner at any time
after fifty percent (5011a) of the work has been completed, if it finds that satisfactory
progress is being made, may make any of the remaining progress payments in full;
Provided, further. that on completion and acceptance of each separate building. public
work, or other division of the contract, on which the price is stated separately in the
contract, payment may be made in full, including retained percentages thereon, less
• authorized deductions.
(b) In preparing estimates the material delivered on the site and preparatory work done
may be taken into consideration.
(c) All material and work covered by partial payments made shall thereupon become the
sole property of the Owner, but this provision shall not be construed as relieving the
Contractor from the sole responsibility for the care and protection of materials and
work upon which payments have been made or the restoration of any damaged work. or
as a waiver of the right of the Owner to require the fulfillment of all of the terms of
the contract.
(d) Owner's Right to Withhold Certain Amounts and Make Application Thereof: The Con-
tractor agrees that he will indemnify and save the Owner harmless from all claims
growing out of the lawful demands of subcontractors, laborers, workmen, mechanics,
materialmen, and furnishers of machinery and parts thereof, equipment. power tools.
and all supplies, including commissary, incurred in the furtherance of the per anceequest, furnish satisfactory
m
of this contract. The Contractor shall, at the Owner's r
evidence that all obligations of the nature hereinabove designated have been paid, dis-
charged, or waived. If the Contractor fails so to do, then the Owner may, after having
served written notice on the said•Contractor, either pay unpaid bills, of which the Owner
has written notice, direct. or withhold from the Contractor's unpaid compensation a
sum of money deemed reasonably sufficient to pay any and all such lawful claims until
satisfactory evidence is furnished that all liabilities 'have been fully discharged where-
upon payment to the Contractor shall be resumed. ir. accordance with the terms of this
7
HUD -4239$(R)
' . contract, but in no event shall the provisions of this sentence be construed to impose
any ,obligations upon the Owner to either the Contractor or his Surety. In paying any
unpaid bills of the Contractor, the Owner shall be deemed the agent of the.Contractor,
and any payment so made by the Owner shall be considered as a payment made under
the contract by the Owner to the Contractor and the Owner shall not be liable to the
.- Contractor for any such payments made in good faith.
26. Acceptance of Final Payment Constitutes Release
The acceptance by the Contractor of final payment shall be and shall operate as a release
to the Owner of all claims and allliability to the Contractor for all things done or furnished
in connection with this work and for every act and neglect of the Owner and others relating
to or arising out of this work. No payment, however, final or otherwise, shall operate to
release the Contractor or his 'sureties from any obligations under this contract or the
Performance and Payment Bond,
27. Payments by'Contractor
The. Contractor shall pay.. (a) for all transportation and utility services not later than the
20th day .of the calendar month following that in which services are rendered.. (b) for all
materials, tools, and other expendable equipment to the extent of ninety percent (90%) of
the cost thereof, not later than the 20th day of the calendar month following that in which
such materials, tools, and equipment are delivered at the site of the project. and the balance
of the cost thereof, not later than the 30th day following the completion of that part of the
work in or on which such materials, tools, and equipment are incorporated or used, and
(c) to each of his subcontractors, not later than the Sth day following each payment to the
Contractor, the respective amounts allowed the Contractor or, account of the work per-
formed by his subcontractors to the extent of each subcontractor's interest therein.
28. Insurance
The Contractor shall not commence work under this contract until he has obtained all the
insurance required under this paragraph and such insurance has been approved by the
Owner, nor shall the Contractor allow any subcontractor to commence work on his sub-
contract until the insurance required of the subcontractor has been so obtained and approved.
(a) Compensation Insurance: The Contractor shall procure and shall maintain during the
life of this contract Workmen's Compensation Insurance as required by applicable State
or territorial law for all of his employees to be engaged in work at the site of the pro-
ject under this contract and, in case of any such work sublet, the Contractor shall re-
quire the subcontractor similarly to provide Workmen's Compensation Insurance for
all of the latter's employees to be engaged in such work unless such employees are
covered by the protection affordedbytheContractor's Workmen's Compensation Insur-
ance. In case any class of employees engaged in hazardous work on the project under
this contract is not protected under the Workmen's Compensation Statute, the Contractor
shall provide and shall cause each subcontractor to provide adequate employer's liability
insurance for the protection of such of his employees as are not otherwise protected.
(b) Contractor's Public Liability and Property Damage Insurance and Vehicle Liability
Insurance The Contractor shall procure and shall maintain during the life of this-con-
tract
hiscon-tract Contractor's Public LiabilityInsurance, Contractor's Property Darnage Insurance
and Vehicle Liability Insurance in the amounts specified in the Supplemental General
Conditions.
(c) Subcontractor's Public liability and Property Dema a Insurance and Vehicle Liability
Insurance: The Contractor sha 1 either (Ij require each of his subcontractors to pro-
cure and to maintain during the life of his subcontract, Subcontractor's Public Liability
and Property Damage Insurance and Vehicle Liability Insurance of the type and :n the
amounts specified in the Supplemental General Conditions specified in subparagraph (b)
hereof or, (2) insure the activities of his policy, specified in subparagraph (b) hereof.
(d) Scope of Insurance and Special Hazards: The insurance required under subparagraphs --
(b) and (c) hereof shall provide adequate protection for the Contractor and his subcon-
tractors. respectively, against damage claims which ma;: arise from operations under
HUD -42285 (9-70)
this contract, whether such operations be by the insured or by anyone directly or in-
directly employed by him and, also against any of the special hazards which may be
encountered in the performance of this contract as enumerated in the Supplemental
General Conditions.
(e) Builder's Risk Insurance (Fire and Extended Coverage): Until the project is completed
and accepted by the Owner, the Owner, or Contractor (at the Owner's option as indicated
in the Supplemental General Conditions, Form HUD -4238-N) is required to maintain
Builder's Risk Insurance (fire and extended coverage) ona 100 percent completed value
basis on the insurable portion of the project for the benefit of the Owner. the Contractor,
subcontractors as their interests may appear. The Contractor' shall not include any
costs for Builder's Risk Insurance (fire and extended coverage) premiums during con-
struction unless the Contractor is required to provide such insurance; however. this
provision shall -not release the Contractor from his obligation to complete. according
to plans.and specifications, the project covered by the contract, and the Contractor and
his Surety shall be obligated to full performance of the Contractor's undertaking.
(f) Proof of Carriage of Insurance: The Contractor shall furnish the Owner with certificates
showing the type, amount, class of operations covered. effective dates and date of ex-
piration of policies. Such certificates shallalso contain substantially the following state-
ment: "The insurance covered by this certificate will not be cancelled or materially
altered, except after ten (10) days written notice has been received by the -Owner."
29. Contract Security
The Contractor shall furnish a performance bond in an amount at least equal to one hundred
percent (100016) of the contract prices as security for the faithful performance of this con-
tract and also a payment bond in an amount not less than one hundred percent (100170) of the.
contract price or in a penal sum not less than that prescribed by State, territorial or local
law, as security for the payment of all persons performing labor on the project under this
contract and furnishing materials in connection with this contract. The performance bond
and the payment bond maybe in one or in separate instruments in accordance with local law.
30. Additional or Substitute Bond
If at any time the Owner for justifiable cause shall be or become dissatisfied with any
surety or sureties, then upon the Performance or Payment Bonds, the Contractor shall
within five (5) days after notice from the Owner so to do. substitute an acceptable bond
(or bonds) in such form and sum and signed by such other surety or sureties as may be
satisfactory to the Owner. The premiums on such bond shall be paid by the Contractor. No
further payments shall be deemed due nor shall be madeuntil the new surety or sureties
shall have furnished such an acceptable bond to the Owner.
31. Assignments
The Contractor shall not assign the whole or any part of this contract or any moneys due
or to become due hereunder without written consent of the Owner. In case the Contractor
assigns all or any part of any moneys due or to become due under this contract, the in-
strument of assignment shall contain a clause substantially to the effect that it is agreed
that the right of the assignee in and to any moneys due or to become due to the Contractor
shall be subject to prior claims of all persons, firms and corporations of services rendered
or materials supplied for the performance of the work called for in this contract.
32. Mutual Responsibility of Contractors
If, through acts of neglect on the part of the Contractor, any other Contractor or any sub-
contractor shall suffer loss or damage on the work, the Contractor agrees to settle with
such other Contractor or subcontractor by agreement or arbitration if such other Con-
tractor or subcontractors will so settle. If such other Contractor or subcontractor shall
assert any claim against the Owner on account of any darnage alleged to have been sus-
tained. the Owner shall notify the Contractor, who shall indemnify and save harmless the
Owner against any such claim.
�.... 9
HUD-4228S(R)
33._ 'Separate Contract
The Contractor shall coordinate his operations withthose of other Contractors. Cooperation
will be required in the arrangement for the storage of materials and in the detailed exetu-
tion of the work. The Contractor. including his subcontractors, shall keep informed of the
progress and the detail work of other Contractors and shall notify the Architect/Engineer
immediately of lack of progress or defective workmanship on the part of other Contractors.
Failure of a contractor to keep' informed of the work progressing on the site and failure
to give notice of lack of progress or defective workmanship by others shall be construed
as acceptance by him of the status of the work as being satisfactory for proper coordination
with his own work.
34. Subcontracting
(a) The Contractor may utilize the services of specialty subcontractors on those parts of
thework which, under normal contracting practices, are performed by specialty sub-
contractors.
(b) The Contractor shall not award any work to any subcontractor without prior written
approval of the Owner, which approval will not be given until the Contractor submits
to the Owner a written statement concerning the proposed award to the subcontractor,
which statement shall contain such information as the Owner may require.
(c) The Contractor shall be as fully responsible to the Owner for the acts and omissions
of his subcontractors, and of persons either directly or indirectly employed by them,
as he is for the acts and omissions of persons directly employed by him.
(d) The Contractor shall cause appropriate provisions to be. inserted in all subcontracts
relative to the work tobind subcontractors tothe Contractor by the terms of the General
Conditions and other contract documents insofar as applicable to the work of subcon-
tractors and to give the Contractor the same power as regards terminating any sub-
contract that the Owner may exercise over the Contractor under any provision of the
contract documents.
(e) Nothing contained in this contract shall create any contractual relation between any
subcontractor and the Owner.
35. Architect/Engineer's Authority
The Architect/Engineer shall give all orders and directions contemplated under this con-
tract and specifications, relative to the execution of the work. The Architect/Engineer shall
determine the amount, quality, acceptability, and fitness of the 'several kinds of work and
materials which are to be paid for under this contract and shall decide all questions which
may arise in relation to said work and the construction thereof. The Architect/Engineer's
estimates and decisions shall be final and conclusive. except as herein otherwise expressly
provided. In case any question shall arise between the parties hereto relative to said con-
tract or specifications, the determination or decision of the Architect/Engineer shall be a
condition precedent to the right of the Contractor to receive any money or payment for
work'under this contract affected in any manner or to any extent by such question.
The Architect/Engineer shall decide the meaning and intent of any portion of the specifica-
tions and of any plans or drawings where the same may be found obscure or be in dispute.
Any differences or conflicts in regard to their work which may arise between the Contrac-
tor under this contract and other Contractors performing work for the Owner shall be
adjusted and determined by the Architect/Engineer.
36. Stated Allowances
The Contractor shall..include in his proposal the cash allowances stated in the Supplemental
General Conditions. The Contractor shall purchase the "Allowed Materials" as directed by
the Owner on the basis of .the lowest and best bid of at least three competitive bids. If the
actual price for purchasing the "Allowed Materials" is :pore or less than the "Cash Allow-
ance," the contract price shall be adjusted accordingly. The adjustment in contract price
shall be made on the basis of the purchase price without additional charges for overhead,
profit. insurance or any other incidental expenses. The cost of installation of the "Allowed
Materials" shall be included in the applicable sections of the Contract Specifications cover-
ing this work.
10
�... Kuo-42385 ro-70)
- i
I1
Hua -4238s (R)
37.
Use of Premises and Removal of Debris
•�
The Contract expressly undertakes at his own expense:
(a) to take every precaution against injuries to persons or damage to property; ,
(b) to.store his apparatus, materials, supplies and equipment in such orderly fashion at t
site of the work as will not unduly interfere with the progress of his work or the we
of any other contractors:
(c) to place upon the work or any part thereof only such loads as are consistent with t
safety of that portion of the work;
(d) to clean up frequently all refuse, rubbish, scrap materials. and debris caused by i
operations, to the end that at all times the site of the work shall present a neat, order
and workmanlike appearance;
(e) before final payment to remove all surplus material. false -work. temporary structure
including foundations thereof, plant of any description and debris of every nature r
sulting from his operations, and to put the site in a neat, orderly condition;
(f) to effect all cutting, fitting or patching of his work required to make the same to cc
form to the plans and specifications and, except with the consent of the Architec
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 and
this contract are shown in any of the documents including the proposal, they are given f
use in comparing bids and the right is especially reserved except as herein otherwi
specifically limited, to increase or diminish them as may be deemed reasonably necessa
or desirable by the Owner to complete the work contemplated by this contract, and su
increase or diminution shall in no way vitiate this contract. nor shall any such increase
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 -%v
f
necessary for the carrying out and completion of work to be performed under th
contract.
40.
General Guaranty
Neither the final certificate of payment nor any provision in the Contract Documents. n
partial or entire occupancy of the premises by the Owner. shall constitute an acceptance
work not done in accordance with the Contract Documents or relieve the Contractor
liability in respect to any express warranties or responsibility for faulty materials
workmanship. The Contractor shall remedy any defects in the work and pay for any dama
to other work resulting therefrom, which shall appear within a period of one year from t
date of final acceptance of the work unless a longer period is specified. The Owner w
give notice of observed defects with reasonable promptness.
41.
Conflicting Conditions
Any provisions in any of the Contract Documents which may be in conflict or inconsiste
with any of the paragraphs in these General Conditions shall be void to the extent of su
conflict or inconsistency.
42.
Notice and Service Thereof
Any notice to any Contractor from the Owner relative to any part of this contract shall
in writing and considered delivered and the service thereof completed. when said notice
posted, by certified or registered mail. to the said Contractor at his last given address,
delivered in person to the said Contractor or his authorized representative
the work.
I1
Hua -4238s (R)
43.. .-Provisions Required by Law Deemed Inserted
"Each and every provision of law and clause required by law to be inserted in this contract
shall be deemed to be inserted hereinandthe contract shall be read and enforced as though
ft were 'included herein, and if through mistake or otherwise any such provision is not
inserted, or is not correctly inserted, then upon the application of either party the contract
shall forthwith be physically amended to make such insertion or correction.
44. Protection of Lives and Health
It The Contractor shall exercise proper precaution at all times for the
protection of persons and property and shall be responsible for all damages
to persons. or property, either on or off the site, which occur as _a result
of his prosecution of the work. The safety provisions of applicable laws
and building and construction codess in addition to specific safety and
health regulations desdribed by Chapter XIII, Bureau of Labor Standards.,
Departmentof Labor, Part 1518, Safety and Health Regulations for Construction,
as outlined in the Federal Register, Volume 36, No. 75, Saturday, April 17, 1971.
Title 29 - LABOR, shall be observed and the Contractor shall I ke or cause to
be taken., -such additional safety and health measures as the Contracting
Authority may determine to be reasonably necessary."
45. Subcontracts
"The Contractor will insert in any subcontracts the Federal Labor Standards
Provisions contained herein and such other clauses as the Department of Housing
and Urban Development may, by instructions require, and also a clause requiring
the subcontractors to include these clauses in any lower tier subcontracts
which they may enter into, together with a clause requiring this insertion
in any further subcontracts that may in turn be made . t'
46. Equal Employment Opportunity
During the performance of this contract the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant
for employment because of race, religion, sex, color or national origin.
The Contractor will take affirmative action to ensure that applicants
are employed, and that employees are treated during employment, 1. thout
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 nondiscTdmination clause.
(2) The Contractor krill, in all solicitations or advertiserients for
employees placed by or, on behalf of the Contractor., state that all
qualified applicants will receive consideration for employment without
regard to race, religion, sex, color, or national origin".
(3) The Contractor will send 'to each labor union or representative of workers with which
be 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 appli-
cants for employment.
(4) The Contractor will comply with all provisions of Executive Order No. 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary
of Labor.
12
Hue-azaas (9-70) .
(5) The Contractor will furnish all information and reports required by Executive Order
No. 11246 of September 24, 1965, and by the rules, regulations, and orders of•the
Secretary of Labor, or pursuant thereto, and will permit access to his books, records.
and accounts by the Department of Housing and Urban Development and the Secretary of
Labor for purposes of investigationto ascertain compliance with such rules, regulations,
--- and orders.
(6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of
this contract or with any of such rules. regulations, or orders. this contract may be
cancelled, terminated, or suspended in whole or in part and the Contractor may be
declared ineligible for further Government contracts or Federally -assisted construction
contracts, in accordance with procedures authorized in Executive Order No. 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked as
provided in Executive Order- No. 11246 of September 24, 1965, or by rule, regulation,
or order of the Secretary of Labor, or as otherwise provided by law.
(7) The Contractor will include the provisions of paragraphs (1) through (7) in every sub-
contract or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of Sep-
tember 24, 1965, so that such provisions will be binding upon each subcontractor or
vendor. The Contractor will take such action with respect to any subcontract or pur-
chase order as the Department of Housing and .Urban Development may direct as a
means of enforcing such provisions, including sanctions for noncompliance: Provided,
however, that in the event the Contractor becomes involved in. or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the Department
of Housing and Urban Development, the Contractor may request the United States to
enter into such litigation to protect the interests of the United States.
47. Interest of Member of or Delegate to Congress
No member of or Delegate to Congress, or Resident Commissioner, shall be admitted to
any share or part of this contract or to any benefit that may arise therefrom, but this
provision shall not be construed to extend to this contract if made with a corporation for
its general benefit.
48: Other Prohibited Interests
No official of the Owner who is authorized'in such capacity and on behalf of the Owner to
negotiate, make, • accept or approve, or to take part in negotiating, making, accepting. or
approving any architectural, engineering, inspection, construction or material supply
contract or any subcontract in connection with the construction of the project, shall become
directly or indirectly interested personally in this contractor in any part hereof. No officer,
employee, architect, attorney, engineer or inspector of or for the Owner who is authorized
in such capacity and on behalf of the Owner to exercise any legislative. executive, super-
visory or other similar functions in connection with the construction of the project, shall
become directly or indirectly interested personally in this contract or in any part thereof,
any material supply contract, subcontract, insurance contract, or any other contract per-
taining to the project.
49. Use and Occupancy Prior to Acceptance by Owner
The Contractor agrees to the use and occupancy of a portion or unit of the project before
formal acceptance by the Owner, provided the Owner:
(a) Secures written consent of the Contractor except in the event, in the opinion of the
Architect/Engineer, the Contractor is chargeable with unwarranted delay in final
cleanup of punch list items or other contract requirements.
(b) Secures endorsement from the insurance -carrier and consent of the surety permitting
occupancy of the building or use of the project during the remaining period of construc-
tion, or,
(c) When the project consists of more than one building, and one of the buildings is occupied,
secures permanent fire and extended coverage insurance, including a permit to com-
plete construction. Consent of the surety must also be obtained.
13
Moa -42385 (R)
(1) The Contractor will not discriminate against any employee or applicant for employment
because of race, creed, color, or national origin. The Contractor .will take affirmative
action to ensure that applicants are employed, and th:+t employees are treated during
erhployment. without regard to their race, creed, color, or national origin. Such action
shall include, but not be limited to. the following: employment, upgrading, demotion. or
transfer; recruitment or recruitment advertising: layoff or termination; rates of pay or
other forms of compensation; and selection for training. including apprenticeship. The
Contractor agrees to post in conspicuous places, available to employees and applicants
for employment, notices to be provided setting forththe provisions of this nondiscrimi-
nation clause.
(2) The Contractor will. in all solicitations or advertisements for employees placed by or
on behalf of the Contractor, 'state that all qualified applicants will receive consideration
for employment without regard to race. creed, color, or national origin.
50. Photographs .of the Project
If required by the Owner. the . Contractor shall furnish photographs of the project. in the
quantities and as described in the Supplemental General Conditions.
51. Suspension of Work
Should the Owner be prevented or enjoined from proceeding with work either before or
after the start of construction by reasonof any litigation or other reason beyond the control
of the Owner, the Contractor shall not be entitled to make or assert claim for damage by
reason of said delay; buttime for completionof the work will be extended to such reasonable
time as the Owner may determine will compensate for time lost by such delay with such
determination to be set forth in writing.
52.
Minimum Wages
111 laborers and mechanics employed upon the work covered by this
Contract shall be paid unconditionally and not less often than once
each week, and without subsequent deduction or rebate on emy account
(except such payroll deductions as are made mandatory by law and such
other payroll deductions as are permitted by the applicable regula-
tions issued by the Secretary of Labor, United States Department of
Labor, pursuant to the Anti Kickback Act hereinafter identified), the
full amount due at time of payment computed at wage rates not less
than those contained in the wage determination decision of said
Secretary of Labor (a copy of.which is attached and herein incorporated
by reference), regardless of any contractual relationship which may be
alleged to exist between the Contractor or any subcontractor and such
laborers and mechanics. All laborers and mechanics employed upon such
work shall be paid in cash, except that payment may be by check if the
employer provides or secures satisfactory facilities approved by the
Local Public Agency or Public Body for the cashing of the ease without
cost or expense to the employee. For the purpose of this clause,
contributions made or costs reasonably anticipated under Section 1 (b)
(2) of the Davis Bacon Act on behalf of laborers or mechanics are
considered wages paid to such laborers or meeianies, subject to the
provisions of Section 5.5(a)(1)(iv) of Title 29, Code of Federal
Regulations. Also for the purpose of this clause, regular contribu-
.tions made or costs incurred for more than a weekly period under plans,
Hinds, or programs, but covering the particular weekly period, are
deemed to be constructively made or incurred during such weekly
period.
53. D2MMTJLM+IE s OF MAGES OR SAiA=
In case of underpayment of wages by the Contractor er by any
suboontractor to laborers or mechanics employed by the Contractor or
subcontractor upon the work covered by this Contract, the Local Public
lgeney or Public Body in addition to such other rights as may' be afford-
ed it under this Contract shall withhold 'from the Contractor, out of
any payments due the Contractor, so much thereof as the local Public
Agency or Public Body may consider necessary to pay such laborers or
mechanics the full amount of wages required by this Contract.. The
amount so withheld may be disbursed by the Local Public Agency or
Public Body? for and on account of the Contractor or the subcontractor
. (as may be appropriate)., to the respective laborers. or mechanics to
whom the same is due or on their behalf to plans, finds, or programs
for any type of fringe benefit prescribed in the applicable wage
determination.
54. ANTICIPATED COSTS OF FAME 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 iu providing
fringe benefits under a plan or program of a type expressly listed in
the wage determination decision of the Secretary of Labor which is a
part of this Contract: Provided, however, The Secretary of Labor has
found, upon the written request of the Contractor, that the applicable
standards of the Davis-Bacon Act have been met. The Secretary of Labor
may require the Contractor to set aside in a separate account assets
for the meeting of obligations under the plan or program. A copy of
any findings made by the Secretary of Labor in respect to fringe benefits
being provided by the Contractor must be submitted to the Local Public
Agency or Public Body with the first payroll filed by the Contractor
subsequent to receipt of the findings.
55• OVEnDS COMPENSATION REQUIRED BY CONMUCT WORE HOURS AND SAFETY
�-- STANDARDS ACT (76 stat. 357-360: Title 40 U.S.C., Sections 327-
332)
(a) Overtime requirements. No Contractor or subcontractor
contracting for any part of the Contract work which may require or
involve the employment of laborers or mechanics, including watchmen
and guards, shall require or permit any laborer or mechanic in any
workweek in which he is employed on such work to work in excess of 8
hours in any calendar day or in excess of 40 hours in such work week
unless such laborer or mechanic receives compensation at a rate not
less than one and one-half times his basic rate of pay for all hours
worked in excess of 8 hours in any calendar day or in excess of 40 hours
in such work week, as the case may be.
(b) Violation: liability for unpaid wages liouidated damama,
In the event of any violation of the clause set forth in paragraph a),
the Contractor and any subcontractor responsible therefor shall be
liable to any affected employee for his unpaid wages.• In addition,
such Contractor and subcontractor shall be liable to the United States
for liquidated damages. Such liquidated damages shall be computed with
respect to each individual laborer or mechanic employed in violations
of the clause set forth in paragraph (a),' in the sum of $10 for each
calendar day on which such employee was required or permitted to work
mm 4238-S(R) i5
D. G
xi
_tom
in excess of 8 hours or in excess of the standard workweek of 140 hours
without payment of the overtime wages required by the clause set forth
is para�paph (a).
(c) Withholding for licuidated The Local Public Agency
or Public Body shall withhold or cause to be withheld, from any moneys
payable on account of work performed by the Contractor or subcontractor?
such sums may be determined to be necessary to
satisfy any liabilities of°such Contractor or subcontractor for liqui-
dated damages as provided in the clause set forth in paragraph (b).
(d) Subcontracts. The Contractor shall inset in any subcontracts.
the clauses set forth in paragraphs (a), (b), and.(c) of this Section
and also a clause requiring the subcontractors to include these clauses.:
in any lower tier subcontracts which they may enter into, together with _
a clause requiring this insertion in any further subcontracts that may
in turn be made.
56. 'M1PIAMaM1' OF 1PPRMICES/FFRA=S
g. Apprentices will be permitted to work at less than the prede-
termined rate for the work they performed when they are em-
ployed and individually registered in a bona fide apprentice-
ship program registered with the U. S. Department of Labor,
_ Manpower Administration, Bureau of Apprenticeship and Training,
-- or with a State Apprenticeship Agency recognized by the Bureau,
or if a person is employed in his first 90 days of probationary
employment as an apprentice in such an apprenticeship program,
who is not individually registered in the program, but who has
been certified.by the Bureau of Apprenticeship and Training or
a State Apprenticeship Agency (where appropriate) to be
eligible for probationary employment as an apprentice. The
allows' -)le ratio of apprentices to journeymen in any craft classi-
fication shall not be greater than the ratio permitted to the
contractor as to his entire work force under the registered
program,. Any employee listed on a payroll at an apprentice
wage rate, who is not a trainee as defined in subdivision (b)
of this subparagraph or is not registered or otherwise employed
as stated above, shall be paid the wage rate determined by the
Secretary of Labor for the classification of work he actually
performed. The contractor or subcontractor, will be required to
16
xuD-Waah . a. C.
0
IMF=
furnish to the contracting officer or a representative of the
Wage-Hour Division of the U. S. Department of Labor written
evidence of the registration of his program and apprentices as
well as the appropriate ratios and wage rates (expressed in
percentages of the journeyman hourly rates), for the area of
construction prior to using any apprentices on the contract
work. The wage rate paid apprentices shall be not less than
the appropriate percentage of the journeyman's rate contained
in the applicable wage determination.
b. Trainees. Except as provided in 29 CFR 5.15 trainees will not
be permitted to work at less than the predetermined. rate for
the work performed unless they are employed pursuant to and
individually registered in a program which has received prior
approval, evidenced by formal certification, by the'U. S.
Department of Labor, Manpower Administration, Bureau of Appren-
tice and Training. The ratio of trainees to journeymen shall
not be greater than permitted under the plan approved by the
Bureau of Apprenticeship and Training. Every trainee must be
paid at not less than the rate specified in the approved pro=
gram for his level of progress. Any employee listed on the
payroll at a trainee rate who is not registered and
partici-pating in a training plan approved by the Bureau of Apprentice-
ship and Training shall.be paid not less than the wage rate
determined by the Secretary of Labor for the classification of
work he actually performed.. The contractor or subcontractor
will be required to furnish the contracting officer or a rep--e
sentative of the Wage Hour Division of the U. S. Department of
Labor written evidence of the certification of his program,
the registration of the trainees, and the ratios and wage
rates prescribed in that program. In. the event the Bureau
of Apprenticeship and Training withdraws approval of a train-
ing program, the contractor will no'longer be permitted to
utilize trainees at less than the applicable predetermined
rate for the work performed until an acceptable program is
approved.
c. Equal loyment Opportunity. The utilization of -apprentices,
trainees and journeymen under this part shall be in conformity
with the equal employment opportunity requirements of Executive
Order 11246,, as amended, and 29 CFR Part 30-
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57. EFXLOMWT OF CERTAIN PERSONS PROHIBITED
No person under the age of sixteen years and no person who, at the
time, is serving sentence in a penal or correctional institution shall
be employed on the work covered by this Contract.
58. REGULATIONS PURSUANT TO SO -CA= „ANTI -KICKBACK ACT$'
The Contractor shall comply with the -applicable regulations (a
copy of which is attached and herein incorporated by reference) of the
Secretary of Labor, United States Department of Labor, made,pursuant to
the so-called "Anti -Kickback Act" of June 13, 1934 (48 Stat. 948: 62
Stat. 862; Title II.S.C., Section 874: and Title 40 U.S.C., Section 2760),
and any amendments or modifications thereof, shall cause appropriate
provisions to be inserted in subcontracts to insure compliance therewith.
by all subcontractors subject thereto, and shall be responsible for the
submission of affidavits required by subcontractors thereunder, except
as said Secretary of Labor may specifically provide for reasonable
limitations, variations, tolerances, and exemptions from the require-
ments thereof.
59. EMPLOMWT OF LABORERS OR MECHANICS NOT LISTED IN AFORESAID WAGE
DETERNIINATION DECISION
Any class of laborers or mechanics which is not listed in the wage
determination and which is to be employed under the Contract will be
l classified or reclassified conformably to the wage determination by the
Local Public Agency or Public Body, and a report of the action taken
shall be submitted by the Local'Public Agency or Public Body, throw
the Secretary of Housing and Urban Development, to the Secretary of
Labor, United States Department of Labor. In the event the interested
parties cannot agree on the proper classification or reclassification
of a particular class of laborers and mechanics to be used, the question
accompanied by the recommendation of the Local Public Agency or Public
Body shall be referred, through the Secretary of Housing and Urban
Development, to the Secretary of Labor for final determination.
160. FRINGE kans NOTE mESSED AS HOURLY WAGE RATES
The Local Public Agency or Public Body shall require, whenever the.
Mini urn wage rate prescribed in the Contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly
wage rate and the Contractor is obligated to pay cash equivalent of such
a fringe benefit, an hourly cash equivalent thereof to be established.
In'the event the interested parties cannot agree upon a cash equivalent
of the fringe benefit, the question, accompanied by the recommendation
of -the Local Public Agency or Public Body, shall be referred, through
the Secretary of Housing and Urban Development, to the Secretary of
-Labor for determination.
18
61. POSTINGS WAGE DETFDi MWION DECISIONS AND AUTHOR.IZED WAGE DEDUCTIONS
The applicable wage poster of the Secretary of Labor, United States
Department .of Labor, and the applicable wage determination decisions of
said Secretary of Labor with respect to the various classification of
laborers and mechanics employed and to be employed upon the work covered
by this Contract, and a statement showing all deductions, if any, in
accordance with the provisions'of this Contract, to be made from wages
actually earned by persons so employed or to be employed in such classi-
fications, shall be posted at appropriate conspicuous points at the site
of the work.
62. C0HPLA=NTS, 'PROCEEDn=., OR TESTIMONY BY EMPLOYEES
No laborer or mechanic to whom the wage, salary, or other labor
standards provisions of this Contract are applicable shall'be discharged
or in any other manner discriminated against by the Contractor or any
subcontractor because such employee has filed any complaint or instituted
or caused to be instituted any proceeding or has testified or is about to
testify in any proceeding under or relating to the labor standards appli-
cable under this Contract to his employer.
63% CLLIMS . AND DISPUTES PERTAINING TO WAGE RA:'' M
Claims and disputes pertaining to wage rates or to classifications
of laborers and mechanics employed upon the woxk covered by this Contract
shall be promptly reported by the Contractor in writing to the Local
Public Agency. or Public Body for referral by the latter through the
Secretary of Housing and Urban Development to the Secretary of Labor,
United States Department of Labor, whose decision shall be final with
respect thereto-.
Els. QUESTIONS CONCERNI G CERTAIN FEDERAL STATUTES AND REGULATIONS
All Questions arising under this Contract which relate to the
application or interpretation of (a) the aforesaid Anti -Kickback Act,
(b) the Contract Work Hours and Safety Standards Act, (c) the aforesaid
Davis -Bacon Act, (d) the. regulations issued by the Secretary of Labor,
United States. Department of Labor, pursuant to said Acts, or (c) the
labor standards provisions of any other pertinent Federal statute, shall
be referred, through the Local Public Agency or Public Body and the
Secretary of Housing and Urban Development, to the Secretary of Labor,
United States Department of Labor, for said Secretary's appropriate
ruling or interpretation which shall be authoritative and may be relied
upon for the purposes of this Contract.
65. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND SMrXN'TRACTORS
The Contractor and each subcontractor shall prepare his payrolls
on forms satisfactory to and in accordance with instructions to be
19
furnished by the Local Public Agency or Public Body. The Contractor
shall submit weekly to the Local Public Agency or Public Body two
certified.copies of all payrolls of the Contractor and of the subcon-
tractors, it being understood that the Contractor shall be responsible
for the submission of copies of payrolls of all subcontractors. Each
such payroll shall contain the "Weekly Statement of Compliance" set
forth in Section 3.3 of Title 29t Code of Federal Regulations. The
payrolls and basic payroll records of the Contractor and each subcon-
tractor covering all laborers and mechanics employed upon the work
covered by this Contract shall be maintained during the course of the
work and preserved for a period of 3 years thereafter. Such payrolls.
and basic payroll records shall contain the aame.and address of each
such employee, his correct classification, rate of pay (including rates
of contributions or costs anticipated of the types described in Section
l(b)(2) of the Davis -Bacon. Act), daily and weekly number of hours worked, -
deductions made, and actual wages paid. ,In addition, whenever the
Secretary of Labor has found under Section 5.5(a)(1)(iv) of Title 29,
Code of Federal Regulations, that the wages of any laborer or mechanic,
include the amount of any costs reasonably anticipated in providing
benefits under a plan or program described in Section 1(b)(2)(B) of the
Davis -Bacon Act, the Contractor or subcontractor shall maintain records
which show that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible, and that the plan
or program has been communicated in writing to the laborers or mechanics
affected, and records which show the costs anticipated or the actual
cost incurred in providing such benefits. The Contractor and each
subcontractor shall make his employment records with respect to persons
employed by him upon the work covered by this Contract available for
inspection by authorized representatives of the Secretary of Housing and
Urban Development, the Local Public Agency or Public Body, and the 'United
States Department of Labor. Such representatives shall be permitted to.
interview employees of the Contractor or of any subcontractor during
working hours .on the job.
66. SPECIFIC COVMLGE OF CECA32T TYPES OF WORK BY E!%iPL YSES
The transporting of materials and supplies to or from the site of
the Project or Program to which this Contract pertains by the employees
of the Contractor or of any subcontractor, and the manufacturing or
'furnishing of materials,` articles, supplies, or equipment on the site
of the Project or Program to which this Contract pertains by persons
employed by the Contractor or by any subcontractor, shall, for the
purposes of this Contract, and without limiting the generality of the
foregoing provisions of this Contract, be deemed to be work to which
these Federal Labor Standards Provisions are applicable.
67. INELIGIBLE SUBOONTRACTORS
The Contractor shall not subcontract- any part of the work covered
by this Contract or permit subcontracted work to be fu=ther subcontracted
HUDV=a., a. a
}
r
without the Local Public Agency's or Public Body's prior written approval
of the subcontractor. The Local Public Agency or Public Body will not
approve any subcontractor for work covered by this Contract who is at
the time ineligible under the provisions of any applicable regulations
issued by the Secretary of Labor, United States Department of Labor or
the Secretary of Housing and 'Urban Development, to receive an award of
such subcontract.
68. PROVISIONS TO BE INCLIIDID IN CERTAIN SUBCOMRACTS
The Contractor shall include or cause to be included in each
subcontract covering any of the work covered by this Contract, provi—
sions which are consistent with these Federal Labor Standards Provisions
and also a clause requiring the subcontractors to include such provisions
in any lower tier subcontracts which they may enter into,'together with
a clause requiring such insertion in any further subcontracts that may
in turn be wade.
69. BREACH OF FOREGOING FMERAL LABOR STANDARDS PROVISIONS
In addition to the causes for termination of this Contract as
herein elsewhere set forth, the Local Public Agency or Public Body
reserves the right to terminate this Contract if the Contractor or any -
subcontractor whose subcontract covers any of the work covered by this
Contract shall breach any of these Federal Labor Standards Provisions.
A breachof these Federal Labor Standards Provisicns may also be grounds
for.debarment as provided by the applicable regulations issued by the
Secretary of Labor, 'United States Department of Labor.
70. Employment Practices
The Contractor (1) shall, to the greatest extent practicable. follow- hiring and employmen,
practices for work on the project which will provide new job opportunities for the unemployec
and underemployed. and (2) shall insert or cause to be inserted the same provision in eacl
construction subcontract.
71. Contract Termination; Debarment
A breach of Section h5 and the Federal Labor Standards Provisions, may
• be grounds for termination of the contract, and for debarment as provided
in 29 CFR 5.6.
21
HIM 038-S(F) Mt o-x=h., p. c.
L .
ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS
SO-CALLED "ANTI•KICKBACK ACI" AND REGULATIONS PROMULGATED
PURSUANT THERETO BY THE SECRETARY OF LABOR.
UNITED STATES DEPARTMENT OF LABOR
TITLE 18. U.S.C.. section 874
(Replaces section 1 of the Act of June 13, 1934 (48 Stat. 948.40 U.S.C..
sec. 276b) pursuant to the Act of June 2S. 1948.62 Stat. 96 2)
KICKBACKS FROM PUBLIC WORYS EMPLOYEES
Whoever. by force, intimidation, or threat of procuring dism;%al from employment. or by anv other numner whatso.
ever induces any person employed in the construction. prosecution, completion or repair of any public budding, public work.
or budding or work financed in whole or in part by (oansur grants from the United ;tate%, to give up any part of the eom.
penaation to which he is entitled under his contract of employment, shall be fined not more than SS.000 ur imprisoned not
more than five years, or both.
SECTION 2 OF THE ACT OF JUNE 13. 1934. AS AMENDED (48 Stat. 948, 62 Stat. 862.
63 Stat. 108, 72 Stat. 967,48 U.S.C.. sec. 276e)
The Secretary of Labor shall make reasonable regulations for contractors and subcontractor engaged in the construction.
prosecution, completion or repair of public buildings, public works or buildings or works financed in whole or in part by loans
or grants from the United States, including a provision that each contractor and subcontractor shall furnish a,eekly a statement
with respect to the wages paid each employee during the preceding week. fiction 1001 of Title 18 (Cnited States Code) shall
apply to such statementa.
w ...XXX-
Pursuant to the aforesaid Anti-Mckback Act. the Secretary of Labor. United States Department of Labor, has promul-
geted the regulations hereinafter set forth, which regulations are found in Title 29. Subtitle A. Code of Federal Regulation.
Part 3. The term "this part," as used in the regulations hereinafter set forth, refect to Part 3 last above mentioned. Said art.
stations are as follows:
TITLE 29 - LABOR
Subtitle A — Office of the Secretary of .Labor
PART 3—CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR rUBLIC WORK FINANCED ITA -
WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES
. s .
Section 3.1 Purpose and taupe.
This part prescribes "anti•kickback"regulations under section 2 of the Act of June 18.1934, as amended (40 U.S.C.
276e), popularly known as the Copeland Act. This part applies to any contract which is subject to Federal wags standards
and which is for the construction, prosecution, completion, or repair of public buildings, public works or buildings or works
Gnanced in whole or in pet by bans or grants from the United States. The part is intended to aid in the enforcement of the
s iinitnum wage provisions of the Davis-Bacon Act and the various statutes dealing with Federally-%misted construction that
contain similar minimum wage provisions, including those provisions which aro not subject to Reorganization Plan No. 14
22
HUD 423.8-S (R)
(e.g., the College housing Act of 19S0, the Federal Rater pollution Control Aet, and the Housing Act of 19S9), and in the
enforcement of the oveclime provisions of the Contract work Hours Standards Act wbeneva they are applicable to construction
work. The pan details the obligation of contractors and subcontractors relative to the weekly submission of statements regard-
ing the wages paid on work covered thereby: sets forth the circumstances and procedures governing the making of payroll de-
ductions born the wages of those employed on such work; and delineates the methods of payment permissible on such work.
Section 3.2 Definitions.
As used in the segulations in this part:
(a) The terms "building" or "work" generally include contimction activity as distinguished from manufacturing,
furnishing of materials, or servicing and maintenance work. The terms include, without limitation, buildings. structures, and
improvements of all typca, such ere bridges, dams, plants, highways, parkways, streets. subways, tunnels, sewer, main&. power.
linea, pumping stations, ralwave. airports. terminals, docks, piers, whaNes ways. liighthouse$. buoys, jetties, breakwatem
levees, and canals; dredging, shoring, scaffolding, drilling, blasting, excavating, clearing, and landscaping. Unless conducted in
connection with and at the site of such a building or work as is described in the foregoing sentence. the manufacture or furnish•
ing of materials, articles, supplies, or equipment (whether or not a Federal or State agency acquires title to such materials.
articles, supplies, or equipment during the course of the manufacture or furnishing, or owns the materials tram which they are
manufactured or furnished) is not a "building" or 'work- within the meaning of the regulation in this parL
(b) The terms "construction," "prosecution." "completion," or "repair" mean all types of work done on a Wiculsr
ba9ding or work at the site thereof, including, without limitation, sltering,remodeling, painting and decorating, the transport-
ing of materials and supplies to or from the building or work by the employers of the construction contractor or construction
subcontractor, and the manufacturing or furni}hing of materials, articles, supplies, or equipment on the site of the building or
work, by persons employed at the site by the contractor of subcontractor.
(e) The terms "public building" or 'public work" include building or work for whose construction, prosecution, Com-
pletion, or repair. as dermed above, a Federal agency is i contracting party, regardless of whether title thereof b in a Federal
agency.
(d) The teals "building or work financed in whole or in part by loans or grants from the I:nitrd States" includes build-
ing or work for whose construction, prosecution, completion. or repair, as defined above, payment or port payment is made
directly or indirectly from funds provided by bans or grants by a Federal agency. The term does not include bu8ding or work
for which Federal assistance is limited solely to loan guarantees or insurance.
(e) Every person paid by a contractor or subcontractor in any manner for his labor in the constriction, prosecutionw
completion, or repair of a public building or public work or building or work financed in whole or in pan by loan or grants
from the United States is "employed" and receiving "wages," regardless of any contractual relationship alleged to exist between
him and the real employe;.
(f) The term "any affiliated person" includes a spouse, child, parent, or other close relative of the contractor or VA -
contractor; a partner or officer of the contractor or subcontractor, a corporation closely connected with the contractor or
subcontractor as parent, subsidiary or otherwise, and an officer or agent of such corporation.
a • (g) Ile term "Federal agency" means the United States, the District of Columbia, and an executive &putments. ire
dependent establishments, adminiatrative agencies, and instrumentalities of the United Stats and of the DiArict of Columbia,
including corporations, all or substantially all of the Kock of which is beneficially owned by the United States, by the District
of Columbia, or any of the foregoing departments, establishments, agencies, and instrumentalities.
Section 33 Weekly statement with respect to payment of wages.
(a) As used in this section. the term "employee" shag not apply to person in classification higher than that of labors
or mechanic and those who are the immediate supervisors of such employees-
23
mployees
23
4
�
•
E&dbit – – - —
(e.g., the College housing Act of 19S0, the Federal Rater pollution Control Aet, and the Housing Act of 19S9), and in the
enforcement of the oveclime provisions of the Contract work Hours Standards Act wbeneva they are applicable to construction
work. The pan details the obligation of contractors and subcontractors relative to the weekly submission of statements regard-
ing the wages paid on work covered thereby: sets forth the circumstances and procedures governing the making of payroll de-
ductions born the wages of those employed on such work; and delineates the methods of payment permissible on such work.
Section 3.2 Definitions.
As used in the segulations in this part:
(a) The terms "building" or "work" generally include contimction activity as distinguished from manufacturing,
furnishing of materials, or servicing and maintenance work. The terms include, without limitation, buildings. structures, and
improvements of all typca, such ere bridges, dams, plants, highways, parkways, streets. subways, tunnels, sewer, main&. power.
linea, pumping stations, ralwave. airports. terminals, docks, piers, whaNes ways. liighthouse$. buoys, jetties, breakwatem
levees, and canals; dredging, shoring, scaffolding, drilling, blasting, excavating, clearing, and landscaping. Unless conducted in
connection with and at the site of such a building or work as is described in the foregoing sentence. the manufacture or furnish•
ing of materials, articles, supplies, or equipment (whether or not a Federal or State agency acquires title to such materials.
articles, supplies, or equipment during the course of the manufacture or furnishing, or owns the materials tram which they are
manufactured or furnished) is not a "building" or 'work- within the meaning of the regulation in this parL
(b) The terms "construction," "prosecution." "completion," or "repair" mean all types of work done on a Wiculsr
ba9ding or work at the site thereof, including, without limitation, sltering,remodeling, painting and decorating, the transport-
ing of materials and supplies to or from the building or work by the employers of the construction contractor or construction
subcontractor, and the manufacturing or furni}hing of materials, articles, supplies, or equipment on the site of the building or
work, by persons employed at the site by the contractor of subcontractor.
(e) The terms "public building" or 'public work" include building or work for whose construction, prosecution, Com-
pletion, or repair. as dermed above, a Federal agency is i contracting party, regardless of whether title thereof b in a Federal
agency.
(d) The teals "building or work financed in whole or in part by loans or grants from the I:nitrd States" includes build-
ing or work for whose construction, prosecution, completion. or repair, as defined above, payment or port payment is made
directly or indirectly from funds provided by bans or grants by a Federal agency. The term does not include bu8ding or work
for which Federal assistance is limited solely to loan guarantees or insurance.
(e) Every person paid by a contractor or subcontractor in any manner for his labor in the constriction, prosecutionw
completion, or repair of a public building or public work or building or work financed in whole or in pan by loan or grants
from the United States is "employed" and receiving "wages," regardless of any contractual relationship alleged to exist between
him and the real employe;.
(f) The term "any affiliated person" includes a spouse, child, parent, or other close relative of the contractor or VA -
contractor; a partner or officer of the contractor or subcontractor, a corporation closely connected with the contractor or
subcontractor as parent, subsidiary or otherwise, and an officer or agent of such corporation.
a • (g) Ile term "Federal agency" means the United States, the District of Columbia, and an executive &putments. ire
dependent establishments, adminiatrative agencies, and instrumentalities of the United Stats and of the DiArict of Columbia,
including corporations, all or substantially all of the Kock of which is beneficially owned by the United States, by the District
of Columbia, or any of the foregoing departments, establishments, agencies, and instrumentalities.
Section 33 Weekly statement with respect to payment of wages.
(a) As used in this section. the term "employee" shag not apply to person in classification higher than that of labors
or mechanic and those who are the immediate supervisors of such employees-
23
mployees
23
2
(b) Feclm contractor or subcontractor enhaged in Ilse construction• prosrrution, completion, or repair of any puldie
Luildint or public wort., or building or wurL financed in whole or in pan by loan; or grants from time United Slates. Aball
furnish each werl, a Ataleoneut w itis re -pert to the wages psid each of it* enq.lo%ems en,-a.ed on worL corned by 29 CFR
Parts 3 and 3 Jurist; time pmerding werkl) payroll y"ind. This statrmwnl ►hall Ie executed by the contractor of subes,n•
tractor or by an autlt,rifcd officer or eruployee of the contractor car subcontractor who sulrm* I, Ilse psynmnmt ear ua,4. and
shall be on (urns Alii 3-18, "Statement of Compliance", of on an identical funs em the had orltll 317. *1*a) ton (For Cow
tmtors Optional t:se)' or an any form with identical wotding.:ampk topics of call 317 and 1Ci13411 may be atbtaisrrd from
Ow Government contracting or sirunsoring a;ency, , and copses of thr,e forms may 1e purchased at the Cuvernmesst Piintin:
Wrier.
(e) The requirements of this section shall not apply to any contract of S2 000 or toss
(d) Upon a-writtrn fent in; by the head of a Federal agency, Ase Sterelary of Labor may provide rea.onsbk limital'ans,
variations, tolerances, and rxemptions from the regNsiremente of this, section subject to such conditions as the Secretary of
L+bor may specify,
129 F.R. 95jan. 4.196;, as amendrd at 33 F.R.11111t6,July 17. Mal
Section 3.4 Submission of weekly statements and the preservation and inspection of weekly payroll records,
(a) Fach weeLty statrment "uired under j 3.3 shall be delivered by the contractor or subruntrartor, within seven
days after the regular paynornt date of the pad roll peritod, to a re fire-eutatite of a Federal or State aprnry in ehar;r at the
site of lire building or wort, or, if there is no rep►r•sc-nlative of a Federal or State a;#-ney at site site of lite building or work.
time statement Avail Ire ruled by the contractor or subcontractor, w itlmin such time, to a Federal or hate agency runtrarlumg
for or financing thr buddirt; or wurL. Aftcr such exantistation and cleek at may Ito made, such slatrn,ent, —a ty,p� therrof,
shall be kept atailable, or shall be transmitted tugelhcr with a report of any viulation, in accordance wills applicable prueedures,
prescribed by the United States Department of Labor.
(b) Each contractor or subcontractor shall preserve his w"Lls psj roll rreords for a period or throe rears (mm date of
Completion of lite contract. Thr payroll rerord+ shall set out accurately and eunuph•ts•ly the name and adJrrascesf each lalrwer
�• r and mechanic, his correct ela sirwaliun• rate of pay, daily and weekly numb" of hours w irked. dedueti.ma made, and actual
scares paid. Such payroll reeords Jull be made available a1 all linsrs for intprction b) lite contracting officer or ins authorised
repre•scnla6ve, and ley authorized reprrsentativrs of lite Department of Lalsor. w
Section IS Payroll deductions permissible without application to or approval of tha Secretary of labor.
• Deductions made under Ilse circumstances or in Ilse situations described in time para;"aplu of this section may be made
without application to and approval of the Secretary of Labor:
(a) Any deduction made in rvmplianee with live rryuiremento- of Federal. State. or local law, such as Federal or State
withholding income taxes and Federal social neurit)• taxes.
(h) Any deduction of sums Imrrtiuu4y paid to the employer as a t,uru fide prrpat neat of wages when such prepayment
a: w made without d6t;uurit or interest. A "bone rude prepayment of wa£""is eomidered to have been made only when cash or
its equivalrnt has been advanced to list person employed in such manner as to give him complete freedom of dispoAitiun of time
advanced funds
(e) An) deduction of amounts nrluired by court process to be paid to another, unless time deduction is in favor or the
contractor, subcontractor or am affiliated per.on, or when eullu:mom or collaboration exists.
24
• Exhibit
(d) Any deduction constituting a contribution on behalf of the person employed to funds established by the employer
or represcntativa of employees, or both, for the propose of providing either from principal or income, or both, medical or
hospital tate, pensions or annuities on retirement, death benefits, compensation for injuries, illness, accidents, sickness, or
disability. or for insurance to provide any of the foregoing, or unemployment benefits, vacation pay, savings aceounts.or
sinu'lar payments for the benefit of employees, their families and dependents: Prot- ded, however. That the following standards
are met: (1) The deduction is not otherwise prohibited by tow: (2) it to either: (i) Voluntarily consented to by the employee
in writing and in advance of the period in which the work is to be done and such eciawnt is not a condition either for the
obtaining of or for the continuation of employment, or (ii) provided for in a bona fide collective bargaining agreement be-
tween the contractor or subcontractor and representatives of ita emtdnyen: (3) no profit or other benefit is othaw;w obtained,
directly or indirectly, by the contractor or subcontractor or any affiliated person in the form of commission, dividend, or
othe w6c; and (4) the deductions shall serve the convenience and interest of the employee.
(e) Any deduction contributing toward the purchase of United States Defense Stamps and Bonds when voluntarily
authorised by the employee.
(f) Any deduction requested by the employer to enable him to repay loans to or to purchase shares in credit unions
organised and operated in accordance with Federal and State credit union statutes.
(g) Any deduction voluntarily authorised by the employee for the making of contributions to governmental or quasi-
gevemnxntal agencies, such as the American Red Goss.
(h) Any deduction vobtntan'h authorized by the employee for the making of contributions to Community Chews.
United Givers Funds, and sintiliar charitable organizations.
(e) Any deductions to par regular wnion initiation fees and membership dues, not ineludint fines or special assetsioents:
Provided, however, That a collective bargaining agreement between the contractor or subcontractor and representatives of its
employees provides for such deductions and the deductions are not otherwise prohibited by law.
(j) Any deduction not more than for the "ries r.nal.le cwt"uf Imard, lodging, or other facilities meeting the require-
menta of section 3(m) of the Fav Labor Standard, art of 19.18. as amended. and Part 531 of this title. When such a dedwction
is made the additional records n•gwired under § SI627 (a) of thin title shall be kept.
Section 3.6 Payroll deductions pertnissible with the approval of the Secretary of Labor.
Any contractoc or subcontractor may apply to the Secretary of Labor for permission to make any deduction not ler.
milted under 1 3A. The Secretary may grant permission whenever he finds that:
(a) The contractor, subcontractor, or any affiliated person does not make a profit or benrfit directly or indirectly from
the deduction eithei in the form of a commission, dnidend, or otherwise:
(b) The deduction is not otherwise protubited by law;
• r (e) The deduction is either (1) voluntarily consented to by the employee in writing and in advance of the period in which
the work is to be done and such consent is not a condition either for the obtaining of employment or its eontinuance,or (2)
provided for in a bona ride collective bargaining agreement between the contractor or subcontractor and representatives of its .
employers: and
(d) The deduction serves the convenience and interest of the employee.
25
1
i
�' � h�►ih3.t
Section 3.7 Applications for the approval of the Secretary of Labor:
Any application for the mating of payroll deductions under ¢ 3.6 shall comply witlh the requirrmunts prescribed in the
following paragraphs of this scctioa:
(a) The application shall be in writing and shall be addressed to the Seeretary of Labor..
(b) The application shall identify the nontract or contracts under which the wnek in question is to lx performed. Per.
Mission will be given for deductions *;sly on specific, identified contracts, e%cept upon a showin; of eaeeptional circumstances.
(e) The application shall state affinmati►sly that them is compliance with the standards set forth in the prociihons of
¢ 3.6. The affirmation shall be accompanied by ;lull statement of the facts indicating such compliance.
(d) The application shall include a description of the prolhoted deduction. the purpose to be saved thereby. and the
classes of laborers or mechanics from whose rages the proposed deauttiun would be cauda
(e) 'lite application shall state the same and business of any third person to whom any funds obtained from the pro.
posed deductions arc to be transmitted and the affiliation of such person, if any, with, the applicant.
Section 3.8 Action by the Secretary of Labor upon applications.
The Secretary of labor shall decide whether or not the requested deduction is permisdbk ander provisions of ¢ 3 6:
and shall notify the applicant in writing of his decision.
Section 3.9 Prohibited payroll deductions.
Deductions not elsewhere provided for by this part and which art not found to 16c permissible under ¢ 3.6 are prohibited.
Section 3.10 Methods of payment of wages.
The payment of wages diall be by cash, ne fotiable instruments payable on demand. or the additional forma of eomperhaa•
tion for which deductions arc permissible under this part. No other methods of piysmest shall be reeuFniaed on work subject
to the Copeland Act.
Section 3.11 Regulations put of contract.
• All eontrarts made with respeet'to the construction, prosecution, completion, or repair of any public building or public
work or building or work financed in whale or in par by loans or grants from the Uathsed States covered by the regulations in
this part shall expressly bind the contractor or subccutractor to comply with such of flbe "gulatans in this part as may be ap•
plieabla In this regard, we ¢ 5.5 (a) of this subtitle.
26
HUD 038—S(R)
� y
' Index of General
Conditions
Subject
Section
Subject
Section
Accident Prevention....................
44
Notice and Service ............:.........
42
Additional Bond..........................
30
Obligations of Contractor ..,,,,.......
11
Additional Instructions ................
3
"Or Equal" Clause ......................
$
# Allowances................................
36
Overtime Compensation ...............
Anti-Kickback Act., ......... o ..........
. 58.
Owner's right to terminate...,;........
23
Apprentices ...............................
56.
Patents.....................................
9
Architect's Authority...............„.
35
Payment of Employees............ ...
52
Assignments ..............................
31
Payments by Contractor.......... ...
27
Bond, Security ...........................
29
Payments to Contractor ...............
25
• Bond, Security, additional............
30
Payrolls and Records
65•
Changes in Work ........................
17
�..
Periodic Estimates..................,..
24
Claims for Extra Cost...... ...........
22
Permits, Surveys, Regulations ......
10
Completion time.........................
19
Photographs...............................
Complaintsj, Proceedings- or Testimosw
b2,
Posting Minimum wage rates ........
50
61.
Condition, Subsurface..................
21
Prohibited Interests .._.................
48
Conflicting Conditions .................
41
Protection of lives and health........
Construction Schedule .................
24
Protection of work. property.......,,
44
13
Contract Document .....................
1
Provisions required by law....,,.,,..
Contract Security .......................
29
Quantities of Estimate..................
43
38
Contractor's Insurance................
28
Questions Concerning Regulations,,..,
64.
Contract Termination, ..........
71.
Release of Contractor..................
26'
Contractor's Mutual Responsibility
32
Removal of Debris ......................
37
Contractor's Oblieatiors..............
11
Reports, Records and Data.........
15
Claims and Disputes .................
63.
Responsibility of contractor..........
32
Contracto-'s Title to Materials.....
6
Right of Owner to terminate..........
23
Classifications Not Listed ...........
59.
Rights-of-Way
Correction of Work .....................
20
Schedule of Construction............,.
24
Damages, Liquidated...................
19
Security ....................................
29
Data, Reports anti Reicords...........
15
Separate contracts
-. Debarment Breach of Labor Standards
69.
......................
Services, materials, facilities.......
.33
5
Debris Removal .........................
37
Shop Drawings............................
4
Definitions................................
2
SpeciSic Coverage.........................
Detail Drawings .........................
3
Stated Allowances .......................
66.
36
Different Subsurface ...................
21
Subcontracting....................... 34
and 45
Discrimination, employment.........
46
Subcontractor's Insurance ............
28
Drawings detail ..........................
3
Subcontractors Ineligible..............
67.
Emergencies .............................
13
Substitute Bond...........................
30
Employment Practices .... , ......
70.
Subsurface conditions ..................
21
Equal Employment Opportunity....
46
Superintendence by contractor.......
16
Estimated Quantities...................
38
Surveys, permits ........................
Extras......................................
'Final
18
Suspension of work......................
Payment ...........................
Guaranty,
26
Termination of contract ...... .... 23
51
and 71
general.......................
40
Testing of Materials.....:..............
Inspection.................................
14
Time for completion....................
7
19
Inspection of Materials................
7
Title to materials
Insurance..................................
28
.......................
Use and Occupancy......................
6
49
Lands and Rights-of-Way, ............
39
Use of Premises.........................
Legal Provisions, Implied......,...,,
43
Underpayments of Wages
37
Liquidated damages ....................
19
...... o..........
Wages, Minimum ........................
53
52
Materials..................................
5
Wage Underpayments...................
53
Member of Congress ...................
47
Weather Conditions
Minimum Wages .........................
52
........,„..........
Withholding of Payments
12
Non-discrimination in Employment
46
..............
53
+� Anticipated Fringe Benefits........,
54
* Employment Prohitited...............
57
e Fringe Benefits Not Expressed.......
60
* Provisions to be Included...........
68
Attachment to Federal Labor Standards Provisions
�7
14ua-42385 (R)
U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD-u238-K(R;
(9-66)
SUPPLEMENTAL GENERAL CONDITIONS
1. Enumeration of Plans, Specifications and Addenda
2. Stated Allowances
3. Special Hazards
4. Public Liability and Property Damage Insurance
S. Photographs of Project
6. Schedule of Minimum 'Hourly Wage Rates
• 7. Builder's Risk Insurance
8. Special Equal Opportunity Provisions
9. Certification of Compliance with Air and Water Acts
10. Special Conditions Pertaining to Hazards., Safety Standards and
Accident Prevention
,1.' XNUMERATION OF PLANS, SPECIFICATIONS AND ADDENDA
Following are the Plans, Specifications and Addenda which form a part of this contract, asset forth in
M Paragraph 1 of the General Conditions, "Contract and Contract Documents":
DRAWINGS
General Construction:
Heating and Ventilating:
Plumbing:
Electric4l:
SPECIFICATIONS:
General Construction:
Heating and Ventilating:
Plumbing: .
Electrical:
Page to
, incl.
" -to-,
incl.
" to
incl.
to
, incl.
ff
-to-,
"
incl.
to ,
incl.
ADDENDA:
No. Date
No.
Date
No. Date
No.
Date
2. STATED ALLOWANCES
Pursuant to paragraph 36 of the
General Conditions,
the contractor shall
include the following cash
allowances in his proposal:
(a) For
(Page
of Specifications)
S
(b) For
(Page
of Specifications)
S
(c) For
(Page
of Specifications)
$
M For
(Page
of Specifications)
$
(e) For
(Page
of Specifications)
$
(f) For
(Page
of Specifications)
$
.03. SPECIAL HAZARDS
' The. Contractor's and his Subcontractor's Public Liability and Property Damage Insurance shall provide
adequate protection against the following special hazards:
4• CONTRACTOR'S AND SUBCONTRACTOR'S PVBLIC.LIABILITY, VEHICLE LIABILITY,
AND PROPERTY DARAGE 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 S for in-
juries, including accidental death, to any one person, and subject to the same limit for each
person, in an amount not less than S on account of one accident and Contractor's
Property Damage Insurance in an amount not less than S
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
sam a amounts as specified in the preceding paragraph, ,or (2) insure the activities of his subcontractors
in his own policy.
S. 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:
6. SCHEDULE OF OCCUPATIONAL CLASSIFICATIONS AND MINIMUM HOURLY II'AGE RATES AS'RE-
QUIRED UNDER PARAGRAPH 52 OF THE GENERAL CONDITIONS
Given on Pages , and
T. BUILDER'S RISK INSURANCE
As provided in the General Conditions, paragraph 26(e), the Contractor will/will not* maintain
Builder's Risk Insurancp (tire and extended coverage) on a 1n0 percent completed value basis on
the insurable portions of the project for the benefit of the Owner, the Contractor, and all sub-.
contractors, as their interests may appear.
*Strike out one.
18.- SPECIAL EQUAL OPPORTUNITY PROVISIONS
A. Activities and Contracts Not Subject to Executive Order 11246, as Amended
(Applicable to Federally assisted construction contracts and related
subcontracts under $10,000)
During the performance of this contract, the contractor agrees as follows:
(1) The Contractor shall not discriminate against any employee or applicant
for employment because of race, color, religion, sex, or national origin.
The Contractor shall take affirmative action to ensure that applicants for
employment are employed, and that employees are treated during employment,
without regard to their race, color, religion, sex, or national origin.
Such action shall include, but not be limited to, the following: employmen-
upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and
selection for training., including apprenticeship.
• (2) The Contractor shall post in conspicuous places, available to employees
and applicants for employment, notices to be provided by Contracting Offices
setting forth the provisions of this nondiscrimination clause. The
Contractor shall state that all qualified applicants will receive considers
tion for employment without regard to race, color, religion, sex, or nation;
origin.
(3) Contractors shall incorporate foregoing requirements in all subcontracts.
B. Contracts Subject to Executive Order 11216, as Amended
(Applicable to Federally assisted construction contracts and related subcon-
tracts exceeding $10,000)
During the performance of this contract, the contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant
for employment because of race, color, religion, sex, or national origin.
The Contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard
to their race, color, religion, sex, or national origin. Such action shall
include, but not be limited to, the following: employment, upgrading,
demotion, or transfer, recruitment or recruitment advertising; layoff or
termination; rates of pay.or other forms of compensation; and selection
for training, including apprenticeship. The Contractor agrees to post in
conspicuous places, available to employees and applicants for employment,
notices to be provided by the contracting officer setting.forth the pro-
visions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees
placed by or on behalf of the Contractor, state that all qualified appli-
cants will receive consideration for employment without regard to race,
color, religion, sex, or national origin.
�(3) The Contractor will send to each labor union or representative of workers
�-� with which lie has a collective bargaining agreement or other contract or
r •understanding, a notice to be provided by the Contract Compliance Officer
advising the said labor union or workers' representatives of the Contrac-
tor's commitment under this section and shall post copies of the notice
`- in conspicuous places available to employees and applicants for employment.
(4) The Contractor will comply with all provisions of Executive Order ll2h6 of
September 24, 1965, and of the rules, regulations and relevant orders of
the . Secretary of Labor.
(5) .The Contractor will furnish all information and reports required by
Executive Order 11246 of September 24., 1965, and by the rules, regulations.,
and orders of the Secretary`of Labor, or pursuant thereto, and will permit
access to -his books, records, and accounts by the Department and the
Secretary of Labor for purposes of investigation to ascertain compliance
with such rules, regulations, and orders.
(6) In the event of the contractor's noncompliance with the nondiscrimination
clauses of this contract, or with any of such rules, regulations, or orders,
this contract may canceled., terminated or suspended in whole or in part,
and the Contractor may be declared ineligible for further Government con-
tracts or federally assisted construction contract procedures authorized
in Executive Order 11246 of September 24, 1965, or by rule, regulation, or
order of the Secretary of Labor, or as otherwise provided by law.
(7) The Contractor will include the portion of the sentence immediately pre-
ceding paragraph (1) and the provisions of paragraph (1) through (7), in
every subcontract or purchase order unless exempted by rules, regulations,
or orders of . the Secretary of Labor issued pursuant to Section 204 of
Executive Order 11246 of September 24, 1965, so that such provisions will
be binding upon each subcontractor or vendor. The Contractor will take
such action with respect to arty subcontract or purchase order as the
Department may direct as a means of enforcing such provisions, including
sanctions for noncompliance: Provided, however, that in the event a
Contractor becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by the Department,
the Contractor may request the United States to enter into such litigation
to protect the interest of the United States.
C. ,$ometown or Imposed Plans
In areas where a hometown plan or imposed plan is operative, the Community
Development Block Grant Recipient must contact the appropriate HUD Equal
Opportunity Office for specific instructions.
' " D. "Section 311 Cc
pportunitie.s:
in the Provision of Trainin
ant and Business
During the performance of this contract, the contractor agrees as follows:
(1) The contractor agrees to comply with the requirements of Section 3 of the
Housing and Urban Development Act of 1968 (12 USC 170(u), as amended, the
HUD regulations issued pursuant thereto at 24 CFR Part 135, and any appli-
cable rules and orders of HUD issued thereunder.
(2) The "Section 3 clauseU set forth in 2' h CFR 135.20(b) shall form part of
this contract, as set forth in Paragraph 1 of the General Conditions,
"Contract and Contract Documents".
(3) Contractors shall incorporate the 1fSection 3 clause" shown below and the
foregoing requirements in all subcontracts.
Section 3 Clause as Set Forth in 2b CFR 135.20(b)
A. The work to be performed under
Ms contract Is on a project assisted un-
der a program providing direct lP'ederal
financial assistance frons the Deng irt-
ment of Housing and Urban Develop-
ment and Is subject to the requirements
of section 3 of the Hou -ting and 'Urban
Development Act of 1968, as amended. 12
U.S.C. 1701u. Section 3 requires that to
the greatest extent feasible opportuni-
ties for training and employment be
given lower Income residents of the
project area and contracts for pork In
connection with the project be awarded
to business concerns which are located
In. or owned In substantial past by per-
sons residing In the area of the project.
B. The parties to this contract will
comply with the provftlons of said sae -
tion 3 and the regulations issued pursu-
ant thereto b� the Secretary of Housing
and Urban DeveloTment set forth In 24
CFR I , and all anpiicable rules and
orders of the Department Issued there-
under prior to the execution of this con-
tract. The parttts to this contract certify
and agree that they are under no con-
tractual or other disability which would
prevent them from complying with these
requirement!.
C. The contractor will send to each la-
bor ort-tnlantion rr representative 'of
workers with which he has a collective
bargaining agreement or other contract
or understanding. It any, a notice advia-
Ing the said la`or organization or work-
ers' renresentative of his commitments
under this section 3 clause and shall post
copies of the notice In conspicuous places
available to employees and applicants for
em-loyment or training.
D. The contractor will Include this
section 3 clause In every subcontract for
work in connection with the project and
will, at the direction of the applleant
for or recipient of Federal AnaneW ss-
sistance, take appropriate action purau-
ant to the subcontract upon a finding
that the subcontractor Is in violation of
regulations Ihsued by the Secretary of
Housing and Urban Development, 24
CFR .The contractor 8111 not sub-
contract with any subcontractor where
It has noti^e or knowledge that the latter
has been found in violation of regula-
tions under 24 CFR --- and will not
let any subcontract unless the tubcon-
tractor has ftret rrovided it with a pre-
hminary statement of ability to comply
with the requirements of thele regu-
lationx.
E. ComPlianee with the provisions of
section 3, th± regulations set forth In 24
CFR , a^d all anpllrable rules and
orders of the Department issued there-
under prior to the execution of the con-
tract, shall be a condition of the Federal
financial assistance provided to the proj-
ect, binding upon the applicant or recip-
lent for such assistance, its successor&,
and assigns. Failure to fulfill these re-
quirements shall subject the applicant or
recipient. Its ccntractors and subcontrac-
tors, its succer,ors. and aasiirns Ln those
sanctions specified by the grantor loan
agreement or contract through which
Federal Lmistanee is provided, and to
such sanctions as are smelfled by 24
CFR .135.
CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS
(Applicable to Federally assisted construction contracts and related
`= subcontracts exceeding $100,000)
Compliance with Air and Water Acts
During the performance of this contract, the contractor and all subcon-
tractors shall comply with the requirements of the Clean Air Act, as amended,
42 USC 1857 et seq., the Federal Water Pollution Control Act, asamended,-
33 USC 1251 et seq., andthe regulations of the Environmental Protection
Agency *ith respect thereto, at 40 CFR Part 15, as amended.- -
In addition to the foregoing requirements, all nonexempt contractors and
subcontractors shall furnish to the owner, the following::,
(1) A stipulation by the Contractor or subcontractors, that any facility
to be utilized in the performance of any nonexempt contract or sub-
contract., is not listed on the List of Violating Facilities issued by
the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20.
(2) Agreement by the contractor to comply with all the requirements of
Section 114 of the Clean Air Act, as amended, (42 USC 1857c-8) and
Section 308 of the Federal Water Pollution Control Acts as amended,
(33 USC 1318) relating to inspection, monitoring, entry's reports and
information, as well as all other requirements specified in said
Section 114 and Section 308, and all regulations and guidelines issued
thereunder.
(3) A stipulation that as a condition'for the award of the contract, prompt
notice will be given of any notification received from the Director,
Office of Federal Activities, EPA, indicating that a facility utilized,
or to be utilized for the contract, is under consideration to be listed
on the EPA List of Violating Facilities.
(4) Agreement by the Contractor that he will include, or cause to be included,
the criteria-andrequirements in paragraph (1) -through (4)•of this
section in every nonexempt subcontract and requiring that the Contractor
• will take such action as the Government may direct as a means of enforcing
'' such provisions.
• ,10. SPECIAL CONDITIONS PERTAINING TO HAZARDS
SAFETY STANDARDS AND ACCIDENT P-ENTIO
A. Lead -Based Paint Hazards
(Applicable to contracts for construction or rehabilitation of residential
structured)
The construction or rehabilitation of residential structures is subject
to the HUD Lead Based Paint regulations, 24 CFR Part 35. The Contractor
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 35.1L(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 undez
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
to the Contractor. Such action by the Owner does not relieve the Contractor
of any liability incurred under these specifications or contract.