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HomeMy WebLinkAboutResolution - 3847 - Contract - Hub City Pavers Inc - Arnett Benson Sidewalk Project - 03_26_1992Resolution No. 3847 March 26, 1992 Item #26 RESOLUTION IBE 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 by and between the City of Lubbock and Hub City Pavers, Inc. for construction of sidewalks in the Arnett Benson district, 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 26th day of March , 1992. ATTEST: , city Secretary APPROVED AS TO CONTENT: ne irmv, Nurcnasing manager APPROVED AS TO FORM: u Uo"ia u. vanaiver, first ASSIS City Attorney DGV:js/HUBCI?Y.RES/D1-Agenda CITY OF LUBBOCK SPECIFICATIONS FOR ARNETT BENSON SIDEWALK PROJECT BID # 11828 Wag CITY OF LUBBOC�a,�x�, Lubbock, Texas �d��7 CITY OF LUBBOCK COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SPECIFICATIONS FOR TITLE: ARNETT BENSON SIDEWALK PROJECT ADDRESS: ARNETT BENSON CDWO: 3113-591607-0001 BID NO.: 11828 CONTRACT PREPARED BY: PURCHASING DEPARTMENT No Text r l r.+ INDEX r^ it w 1. NOTICE TO BIDDERS 2. INFORMATION FOR BIDDERS ,4 3. BID PROPOSAL - BID FOR LUMP SUM CONTRACTS r 4. BID PROPOSAL.-. BID FOR UNIT PRICE 5. PAYMENT BOND (FOR CONTRACTS IN EXCESS OF s25,000) 6. PERFORMANCE BOND (FOR CONTRACTS IN EXCESS OF $25,000) 7. CERTIFICATE OF INSURANCE . Be HUD' CERTIFICATIONS' 9. CONTRACT 10. GENERAL CONDITIONS OF THE AGREEMENT 11. EXHIBITS C .A. Copeland Anti -Kickback Regulations Be Current Wage Determinations 12. SPECIAL CONDITIONS OF THE AGREEMENT 4 -13. SPECIFICATIONS (TO BE PROVIDED BY ENGINEERS) , r 14. SPECIAL CONDITIONS (TO BE PROVIDED BY ENGINEERS) 15. NOTICE OF ACCEPTANCE .0 few (THIS PAGE LEFT BLANK INTENTIONALLY) NOTICE TO BIDDERS a (THIS PAGE LEFT BLANK INTENTIONALLY) r, NOTICE TO BIDDERS CDWO 3113-591607-0001 COMMUNITY DEVELOPMENT BLOCK GRANT CITY OF LUBBOCK BID # 11828 Sealed proposals addressed to Gene Eads,' Purchasing Manager, City of Lubbock, Texas, will be received at the Purchasing Office, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas 79401 until 2:00 o'clock p.m., on the 27th day of February. 1992, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following project: ARNETT BENSON SIDEWALK PROJECT t� fi Bidders are also required to submit a signed certification in compliance with Section 109 of Pub. L. 100-202 regarding restrictions on the Award of Certain Contracts and Subcontracts to Foreign Countries. Bidders are required to submit a'cashier's or certified check or r bid bond in the amount of 5% of the total bid and the successful 3 r bidder shall provide bond in full amount of the contract executed by a surety company authorized to do business in Texas., The above described project will be paid for in cash by the Community Development Block Grant received by the City from the Department of Housing and Urban Development. The contract for this project must comply with all applicable Federal laws and regulations including the payment of federal minimum wages under the provision of the Davis -Bacon Act, and the compliance with the .- provisions of equal employment opportunities and under Section 3 + Affirmative Action and Executive Order 11246. Plans and Specifications are may be obtained at the office Manager, Room L-04, Municipal Lubbock, Texas, 79401. on file at the Purchasing Office and of Gene Eads, C. P. M., Purchasing Building, 1625 13th Street, There will be a pre -bid conference on February 18, 1992 at 10:00 o'clock a.m., Personnel Conference Room 108, Municipal Building, 1625 13th Street. CITY OF LUBBOCK, TEXAS r BY: Gene Eads, C. .M. Purchasing Manager ADVERTISEMENT FOR BIOS BID 0 11828 Sealed proposals addressed to Gene Eads, C.P.M., Purchasing Manager, City of Lubbock, Texas, will be received at the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L•04, Lubbock, Texas, 79401 until..2:00 o'clock p.m. on the 27th day of February, 1992, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project: ARNETT BENSON SIDEWALK PROJECT After the expiration of the time and date above first written',said sealed proposals will be opened by the Purchasing Manager at his office and publicly read aloud. The plans, specifications, proposal forms and contract documents may be examined at the office of the Purchasing Manager for the City of Lubbock, Texas. Attention of each bidder is particularly called to the Schedule of General Prevailing Rate of Per Diem Wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, Texas. Each bidder's attention is further directed to the provisions of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning such wage scales and payment by the contractor of the prevailing rates of wages as heretofore established by the City of Lubbock. — The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, , color, sex, or national origin in consideration for an award. There will be a prebid conference on 18th day of February, 1992, at 10:00 o'clock a.m., Personnel -- Conference Room 108, Municipal Building, 1625 13th Street. i , BY: Gene Eads, C.P.M PURCHASING MANAGER -- F a - CERTIFICATION IN COMPLIANCE WITH SECTION 109 OF PUB. L. 100-202 REGARDING RESTRICTIONS ON THE AWARD OF CERTAIN CONTRACTS AND SUBCONTRACTS TO FOREIGN COUNTRIES (a) Definitions. The definitions pertaining to this provision are those that,are set forth in the clause entitled "Restrictions on Public Works Projects." (b) Certification. Except as provided in paragraph (c) of this provision, by submission of its bid or pr posal, the bidder certifies that it -. (1) Is not a Contractor of a foreign country included on list of countries that discriminate gainst U.S. qut&sE�,kjji published by the Office of the Unite States Trade' / ..."., Representative (USTR) (see paragraph;(h) of this;"prpVi Ucn);, (2) Has not or will not enter into any subcontract with a.'r subcontractor of a foreign country included on the,"list;of ,r countries that discriminate against U.S. firms pubskied the USTR; and j ,< 'fill' ic�105 �5 (3) Will not provide any product of a country included on the list of foreign countries that discriminate against U.S. firms published by the USTR. (c) Inability to certify. A bidder unable tocertify in accordance with paragraph (b) of this provision shall submit with its offer a written explanation fully describing the reasons for its inability to make the certification. (d) Applicability of 18 U.S.C. 1001. The certification in paragraph (b) of this provision concerns a matter within the jurisdiction of an agency of the United States, and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, U.S.C. 1001. (e) Notice. The bidder shall provide immediate written notice to the Contracting Officer if, at any time before the contract award, the bidder learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (f) Restrictions on contract award. Unless a waiver to these restrictions is granted by the Secretary of Housing and Urban Development, no contract will be awarded to a bidder (1) who is owned or controlled by a citizen or national of a foreign country included on the list of foreign countries that discriminate against U.S. firms published by the USTR, (2) whose subcon- tractors are owned or controlled by citizens or nationals of a foreign country on the USTR list, or (3) who incorporates any product of a foreign country on the USTR list in the public works project. (g) Recordkeeping. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (b) of this provision. The knowledge and information of a bidder is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (h) -USTR list. .The USTR published _an, -.initial list in the Federal Register,on December 30, 1987 (53 FR'49244), which identified one country - Japan. The USTR can add countries to the list, and _ remove countries from it, in accordance with section 109(c) of Pub. L. 100-202. 0 1 ` Contractor (Seal if Bidder is a Corporation) ATTEST: Secretary INFORMATION FOR BIDDERS (THIS PAGE LEFT BLANK INTENTIONALLY) INFORMATION FOR BIDDERS 1. Receipt and Opening of Bids The City of Lubbock (herein called the "Owner"), invites bids on the form attached hereto, all blanks of which must be appropriately filled in. Bids will be received by the Owner at the office of Gene Eads, Purchasing Manager, City of Lubbock, Texas until 2:00 o'clock p.m., on the 27th day of February. 1992, and then at said office publicly opened and read aloud. The envelopes containing the bids must be sealed, addressed to Gene Eads, Purchasing Manager, at Municipal Building, 1625 13th Street, (Room LO4), Lubbock, Texas 79401 and designated as Bid for ARNETT BENSON SIDEWALK PROJECT. The Owner may consider as informal any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within thirty (30) days after the actual date of the opening thereof. 2. Preparation of Bid Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his address and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in the bid form. 3. Subcontracts The bidder is specifically advised that any person, firm, or other party to whom the bidder proposes to award a subcon- tract under this Contract must be acceptable to the Owner r• after verification by'the Community Development Department of the City of Lubbock. The bidder should submit to the Owner a list of proposed subcontractors which consists of each subcontractor's legal name and business address. Although there is no requirement that this list be submitted with a bid, the Owner requests that such list be attached to said bid so that appropriate action can be taken to prevent subsequent delay in subcon- tract awards. - 1 - 4. Telegraphic Modification Any bidder may modify his bid by telegraphic communication at any time'prior to the'scheduled closing time for receipt of bids, provided such telegraphic communication is received by the Owner prior to the closing time and, provided further, the Owner is satisfied that a written confirmation of the telegraphic modification over the signature of the bidder was mailed prior to the closing time. The telegra- phic communication should not reveal the bid price but should provide the addition or subtraction'or other modi- fication so that the final prices or terms will not be known by the Owner until the sealed bid is opened. If written confirmation is not received within two (2) days from the closing time, no consideration will be given to the tele- graphic modification. 5. Qualifications of Bidder f, The Owner may make such investigations as he deems necessary to determine the ability of the bidder to perform the work, -� and the bidder shall furnish to the Owner all such informa- tion and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. Conditional bids �- will not be accepted. Bidder must be acceptable to the Owner after verification by the HUD Area Office of the bidder's current eligibility status. 6. Bid Security Each bid must be accompanied by -cash, certified check of the - bidder or a bid bond duly executed by the bidder and issued by a surety company approved by the Owner, in the amount of 5% of the bid. Such cash, checks or bid bonds will be returned to all except the three lowest bidders within three (3) days after the opening of bids, and the remaining cash, checks or bid bonds will be returned promptly after the Owner and the accepted bidder have executed the Contract, or, if no award has been made within thirty (30) days after the date of the opening of bids, upon demand of the bidder at any time thereafter, so long as he has not been notified of the acceptance of his bid. - 2 - G, The successful bidder, upon his failure or refusal to execute and deliver the Contract, certificate of insurance and bonds required within ten (ten) days after he has received notice of the acceptance of his bid, shall forfeit to the Owner the security deposited with his bid. 7. Time of Completion and Liquidated Damages Bidder must agree to commence 'work on or before a date to be specified in a written "Notice to'Proceed" of the Owner and to fully complete the project within ,(60) SIXTY working days thereafter. Bidder must agree also to pay as liquidated r" damages the sum of $50._00 (Fifty dollars) for each consecutive calendar day thereafter in which the project is not fully completed. 8. Conditions of Work Each bidder must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of his Contract. Insofar as possible the Contractor, in carrying out his work must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor. 9. Addenda and Interpretations No interpretation of the meaning of the plans, specifications or other pre -bid documents will be made to any bidder orally. Every request for such interpretation should be in writing ( and addressed to Gene Eads, C.P.M., Purchasing Manager at P.O. Box 2000 Lubbock TX 79457 ,.. and to be given consideration must be received at least five (5) days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instruction will be in the form of written addenda to the specifications which, if issued, will be mailed by certified mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes), not later than three (3) days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not - 3 - relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents. 10. Performance Bond and Payment Bond (Contract in.Excess of $25,000) The successful bidder shall be required to furnish a performance bond and payment bond in accordance with Article 5160, Vernon's Annotated Civil Statutes, in the amount of 100% of the total Contract price, in the event said Contract price exceeds $25,000.00._ If the contract, price does not exceed $25,000.00, the statutory bonds will not be required. All bonds, if required, shall be submitted on the forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. And it is further agreed that this Contract shall be in effect until such bonds are so furnished. Said statutory bonds should be issued by a Company carrying a currentBest Rating of B or superior, as the rating of the bond company is a factor that will be considered in determination the lowest resuonsible bidder. 11. Power of Attorney Attorneys -in -fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. 12. Notice of Special Conditions Attention is particularly called to those parts of the Contract Documents and specifications which deal with the following: (a) Inspection and testing of materials. (b) Insurance requirements. (c) Wage rates. -' 13 Laws and Regulations The bidder's attention is directed to the fact that all applicable State laws, municipal ordinances and the rules and regulations`of all authorities having jurisdiction over construction of the project shall apply to the Contract throughout, and they will be deemed to be included in the Contract the same as though herein written out in full. 14. Obligation of Bidder At the time of the opening'of bids, each bidder will be presumed to have inspected the site and to have read and to - 4 - be thoroughly familiar with the plans and Contract Documents A, as defined in the General Conditions. The failure or omission of any bidder to examine any form, instrument or ,.. document shall in no way relieve any bidder from -any obligation in respect of his bid. -- If Plans and Specifications are too bulky or cumbersome to be physically bound to the Contract Documents, they are to be considered incorporated by reference into the aforemen- tioned Contract Documents. 15. Texas State Sales Tax This Contract is issued by an organization which qualifies for exemption pursuant to the provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. r- The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. ' 16. Materials and Workmanship The intent of these Contract Documents is that only mate- rials and workmanship of the best quality and grade will be furnished. Thefactthat the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the construction site will not relieve the Contractor of full responsibility for complying with this provision. The specifications for materials and methods set forth. in the Contract Documents provide minimum standards of quality which the Owner believes necessary to procure --a, satisfactory project. *+ 17. Protection of the Work S The Contractor shall be responsible for the care, preser- vation, conservation and protection of all materials, t supplies, machinery, equipment, tools, apparatus, acces- sories, facilities and all means of construction, and any and all parts of the work, whether the Contractor has been paid, partially paid or not paid for such work, until the date the City issues its certificate of completion to the 5 - Contractor. The City reserves the right, after the bids have been .opened and before the Contract has been awarded, to require of a bidder the following` information: (a) The experience record of the bidder, showing completed jobs of a similar nature to the one covered by the proposed Contract and all work in progress, with bond -� amounts and percentage of work completed. (b) A sworn statement of the current financial condition of r the bidder. (c) An equipment schedule. 18. Protection of Subsurface Lines and Structures It shall be the Contractor's responsibility to prosecute the .- work contemplated by the Contract Documents in such a way as to exercise due care to locate and prevent damage to all underground,pipelin-es, utility lines, conduits'or other underground structures which might or could be damaged by Contractor during the construction of the project contem- plated by these Contract Documents. The City of Lubbock agrees that it will furnish Contractor with information as to the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforemen- tioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this Contract shall be repaired immediately by the Contractor to the satisfaction of the City of --- Lubbock, Texas, at Contractor's expense. 19. Contractor's Representative The successful bidder shall be required to have a respon- sible local representative available at all times while the work is in progress under this Contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this Contract is in progress. 6 - 20. Provisions Concerning Escalator Clauses Proposals submitted containing any conditions which provide for changes in the stated bid price due to increases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. - 7 - (THIS PAGE LEFT BLANK INTENTIONALLY) f' b 1 r t fa y +^ BID PROPOSAL - BID FOR UNIT PRICE I r i r (THIS PAGE LEFT BLANK INTENTIONALLY) 4 BID PROPOSAL BID FOR UNIT PRICE PLACE -T� DATE PROJECT NO. CD1r1b 3113-Sg11o0'1-GUU( Proposal of 1�u '� czYAvF-R.s brie_, (hereinafter "Bidder") 4 called To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter-Lalled "Owner") } Gentlemen: r The Bidder, in compliance with your invitation for bids for the construction of P�RmeTz having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related Contract Documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project, including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies, and to construct the project in laccordance witta`� get`"'`'r�,j, plans, specifications and Contract Documents, within thb`twe�,$et ; forth therein and at the prices stated in Exhibit "A":'.; The Bidder binds himself on acceptance of his proposalst,o'' 4 execute a Contract and any required bonds, according to\'.th.e `i accompanying forms, for performing and completing the..said'.Work within the time stated and for the prices !stated in Exhibit","A" of this proposal. " ��irtttiu'�+��v0 Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within U consecutive calendar days there,after, as stipulated in The specifications and other Contract Documents. Bidder hereby forth agrees to pay to Owner as liquidated damages the sum of $ ,,0© for each consecutive calendar day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the General,Conditions of the Contract Documents. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and Contract Documents pertaining to the work = covered by -this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on;which he has bid, as "provided in the Contract Documents. Enclosed with this proposal is 8iCashier's Check or Certi- fied Check for I Dollars or a Proposal Bond in the sum of 5110 QNE �l�O�aSAND SGV EN 1 1UND�EDTNi <`f NStirc AND �11c It - Doll a r s ( $ i which it is agreed shall be collected and retained by the Owner as liquidated damages in the event th proposal is accepted by the Owner and the undersignedfails t execute the necessary Contract Documents and the required bonds (if any) within ten -0 0) days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall _ be returned to the undersigned upon demand. Bidder understands and agrees that the Contract to be executed by Bidder shall be bound and include all Contract Documents made available to him for hips inspection in accordance with the Notice to Bidders. �; �': 'c n �;,� ,;;, ' '•�:., i tR �.s� r rev E Q� SWC Contractor 1V i4"KES�DEIVT ����l1llilJl)ll�l>> J' (Seal if Bidder is a Corporation) ATTEST: Secretary �}irA -?i awtis PM w l PM EXHIBIT A, PAGE 1 BID PROPOSAL BID FOR UNIT PRICE CONTRACTS Item Quantity Description of Item Total Item No. & Unit and Unit Price Amount 1. 1,740 SY Type 1, Class A Concrete Sidewalk 4" thick, including site clearance and subgrade preparation; complete in place, per square yard; 'EzGvvtEtiN Dollars -T-wo Cents $ �1,` 16 RO Services Fsszc.fs`lT�,�,u��,�c, N�hleN,a�,�QsaTHSQt���aH, s uq4$ 15 G 3 $ . 40 Materials --�R , yp TOTAL $ 31 % 1 6� %b 2. 165 SY Type 1, Class A Concrete Driveway Approach, 4" thick, including site clearance and subgrade preparation; complete in place per square yard; Dollars ( $III r.a. ) Cents $ Ir' Services C,.l�NpuSANa�ouRNurlaR��uR materials �•NF 1!(M��RN1] Fal��iu mzF_r�a�Q ANDy5 h'co — $ 1, O 1 7 TOTAL $ Q p 3 p 3. 10 LF Curb and Gutter construction, 30" with 6" curb, including site F clearance, subgrade preparation, - and pavement patching; complete in r.. place per linear foot.; EL�Vt:h► Dollars i�1c> Cents Services Mo/%t-6 -- $ 55. on Materials T�VF TOTAL $ TOTAL BID OF ITEMS 1, 2, & 3 No Text 7 7, toeurr4Na UNITED STATES FIDEL N � ARANTY COMPANY F , N, A t (A ( any) BID BOND BOND NUMBER ............. KNOW ALL MEN BY THESE PRESENTS: Hub City Pave THATr.s., .... ............................................ ............................................ ................ .. .. .................. . ... . ...... . ...................................... . ..... ............ . .................. ...... . ....................... ............................................................... of ................. Lub.b.o.ck.L.Texas ................................. . ...... . . ...... . .... ............................................................................................................................................................. as Principal and UNITED STATES FIDELITY AND GUARANTY COMPANY, a Maryland corporation, as Surety, are held and firmly bound unto............ .............................. City of Lubbock, Texas ............................. . ............................ ............................................... . ......................................................... ............... . ........................................... . ............ iX; ive Percent of Bid Price (5%) asObligee, in the full and just sum of............... ................................................................................... . . ......................................... ..................... ................ ...... . ................................. ................................ ............................... . ...................................... . ...................................... Dollars, lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal Is herewith submitting its proposal for Arnett Benson Sidewalk Project Bid # 11828 CDWO 3113-591607-0001 THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will, within the time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between t. the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work it the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof. Signed, sealed and delivered ... Febr.mar-Y... (Date) ..... Hub... . C.I. t.y . Pa.v..... ..e.u., .... !!!.q . ...................................... (SEAD ....................................................... .......................................................... (SEAU UNITED STATES FIDELITY AND GUARANTY COMPANY ... J r . . .... t r O�i?o We In--iac Contmet 11 (Revised) (1-74) r i 4n � w . R i (CERTIFIED COPY) GENERAL POWER OF ATTORNEY No............ 79M.................. I, Snow all bfen by these Presentst That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint John V. Shropshire,Jr. of the City of Lubbock g of Texas its true and lawful attorney in and for the State of Texas for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and i all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY j COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES W ' FIDELITY AND GUARANTY COMPANY, through as, its Board of Directors, hereby ratifies and confirms all and whatsoever the said John V. Shropshire, Jr. R t . may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice -President. and Assistant Secretary, this 22nd day of November A. D. 1968 UNITED STATES FIDELTI'Y AND GUARANTY COMPANY. �`�� -i� • ,� J Charles W. Boone(Signed) .............. . ..... Vice -President. V; (Signed) David L. _ Royer........... j ........ Assistant Secretary. STATES OF -MARYLAND. BALT IMbRE CITY, "".On this 22nd day of November , A. D. 1966 , before me personally came Charles W. Boone , Vice -President of the UNITED STATES FIDELITY AND GUARANTY l COMPANY and David L. Royer , Assistant Secretary of said Company, with both of i whom I am personally acquainted, who being bb me severally duly sworn, said that they resided in the City of Baltimore, Maryland; that they, the said Charles W. Boone and David L. Royer were respectively the Vice -President and the Assistant Secretary of the said. UNITED STATES FIDELITY AND GUARANTY COMPANY, the cor- poration described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corpora. tion, and that they signed their names thereto by like ordeer� as Vice -President and Assistant Secretary, respectively, of the Company. My commission expires the first day in July, A. D. 19.. b9.... (SEAL) (Signed) ........Herbe.rt..J.....Aull........... .......... ................... Notary Public. r STATE OF MARYLAND !j Sit. BALTIMORE CITY, I, Robert H. Bouse , Clerk of the Superior Court of Baltimore City, which Court is a Court of Record, and has a seal, do hereby certify that Herbert .J. Aull , Esquire, before whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of " doing a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take acknowledgments, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said Notary, and verily believe the signature to be his genuine signature. In Testimony Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore City, the same being a Court of Record, this 22nd day of November , A. D. 19 68 (SEAL) Si ned Robert H. Bouse ( g )............................................................... Clerk of the Superior Court of Baltimore City. F5 3 (M7) . �. COPY OF RESOLUTION That Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces of the Dominion of Canada and in the Colony of Newfoundland. ' Theref ors, be it Resolved, that this Company do, and it hereby does, authorise and empower its President or either of its Vice - Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate scat, to appoint any person or persons as attorney or attorneys-indact. or agent or agents of said Company, in its name and as its act, to execute and deliver any and all con- tracts guaranteeing the fidelity of persona holding positions of public or private trust, guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed, and Also, in its name and as its attorney or attorneys -in -fact. or agent or agents to execute and guarantee the conditions of any and all bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law. municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces of the Dominion of Canada or of the Colony of Newfoundland, or by the rules, regulations. orders, customs, practice or discretion of any board, body. organization. office or officer, loc4 municipal or otherwise, be allowed, required or permitted to be executed. made, taken, given, ' tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation. body, office, interest, municipality or other association or organization whatsoever. in any and all capacities whatsoever, conditioned for the doing or not doing - of anything or any conditions which may he provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or anything in the nature of either of the same. 1, F . J . Willey , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given bry said Company to John V . Shropshire, J r . tl of . Lubbock, Texas him authorizing and empowering to sign bonds as therein set • - forth, which power of attorney has never been revoked and is still in fall fore& and effect. And I, old further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the llth day of July, 1910, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said ._ resolution, and the whole thereof as recorded in the minutes of said meeting. In Tesrimorsy Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COMPANYon February 24, 1992 (Date) ,; r a o,. f Assistant Secretary. 3 PAYMENT POND (THIS PAGE LEFT BLANK INTENTIONALLY) 7 BOND CHECK BEST RATING LICENSE I TEXAS DATE 4Y PAYMENT BOND (Applicable on all contracts in excess of $25,000) (To be used in Texas under Y.A.C.S. Art. 5160) THE STATE OF Texas r COUNTY OF Lubbock KNOW ALL MEN BY THESE PRESENTS: That we (1) Hub City Pavers, Inc. , (2)A Corporation of Lubbock, Texas , hereinafter called Principal, and United States Fidelity & Guaranty Company of Baltimore , State of Maryland , hereinafter called the Surety, are held firmly bound unto(4) City of Lubbock of Lubbock. Texas , hereinafter called Owner, and unto all persons, firms and corporations who may furnish materials for, or perform labor upon the building or improvements :hereinafter referred tpp n_the penal r sum of -Thirty-four Thousand, Seven Hundred Winets-fiveft ngt�19 5 On _______ ) Dollars in lawful money of the United States, to be paid in i Lubbock, Texas , for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, r administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF I Principal entered into I City of Lubbock that Whereas, the (6) dated the 2 th day or March , 19 92 , a y_.o>< which is hereto attached and made a part hereof, for the:curish-uc'' tion of: Bid #11828 - Arnett Benson Sidewalk Project - THIS OBLIGATION is such a certain Contract with NOW THEREFORE, the condition of this obligation is such that, if the Principal shall promptly make payment to all , claimants, as defined in Article 5160, Revised Civil Statutes of Texas, 1925, as amended by House Bill 344, Acts 56th Legislature, Regular Session, 1959, effective April 27, 1959, and as further amended by Acts 1969, 61st Legislature, p. 1390, ch. 422, Sec. 1, � effective June 2, 1969, supplying labor and materials in the prosecution of the work provided for in said Contract, then this obligation shall be null and void, otherwise, it shall remain in full force and effect. This bond is made and entered into solely for the protection of all claimants supplying labor and materials in the prosecution of the work provided for in said Contract, and all such claimants shall have a direct right of action under the bond as provided in Article 5160, Revised Civil Statutes of Tezes, 1925, as amended by House Bill 344, Acts,56th Legislature, Regular Session, 1959, and as further amended by Acts-1969, 61st Legislature, p. 1390, ch. 422, Sec. 1, effective June 2, 1969. PROVIDED FURTHER, that if any leggal action be filed upon this bond, venue shall lie in LubbocR County, Texas, and — that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition - to the terms of the Contract or to the work to beperformed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and said Surety does - hereby` waive notice of any.such change, extension of time, siteration or addition to the terms of the Contractor to the .work or. to the ,specificati.ons_._ PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder who.se claim may be,unsatisf ed. IN WITNESS WHEREOF, this instrument is executedin six counterparts, each one of which shall be deemed an original, this the 26th day of March , 19 92.. Hub City Pavers, Inca Principal ATTEST: 01 BY00 Principal S cretary G Sarten, President - 4214-50th St'. -Ste B, Lubbock, TX 79413 Address Witness as to Principal Address United States Fidelity b Guaranty Co. Surety ATTEST: Surety Secretary (SEAL) Witness as to Surety Address // . B Y : Joh Shrops i.re, J ., Attor -in- act P ox 1.0428,_ Lubbock, TX 79408 (Address) NOTE: If Contractor is Part- nership, all partners should execute bond. (CERTIFIED COPY) GENERAL POWER OF ATTORNEY No............ 79 7 M .................. Know all Alert by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint John V. Shropshire,Jr. of the City of Lubbock . State of Texas its true and lawful attorney in and for the State of Texas for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said John V. Shropshire, Jr. may lawfully do in the premises by virtue of these presents. In (Fitness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice -President and Assistant Secretary, this 22nd day of November A. D. 1968 UNITED STATES FIDELITY AND GUARANTY COMPANY. (Signed) By. Charles W. Boone ............................ Vice -President. ' (Signed) David L. Roy.er - Assistant Secretary. STATE OF MARYLAND, BALTIMORE CITY, ts. On this 22nd day .of November , A. D. 1968 , before me personally came Charles W. Boone , Vice -President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and David L. Royer , Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said that they resided in the City of Baltimore, Maryland; that they, the said Charles W. Boone and David L. Royer were respectively the Vice -President and the Assistant Secretary of the said. UNITED STATES FIDELITY AND GUARANTY COMPANY, the cor- poration described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal �f'ixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corpora- tion, and that they signed their names thereto by like ordgF as Vice -President and Assistant Secretary, respectively, of the Company. My commission expires the first day in July. A. D. 191119.... (SEAL) (Signed) Herbert J. Aull Notary Public. STATE OF MARYLAND Sct. BALTIMORE CITY. II, Robert H. Bosse , Clerk of the Superior Court of Baltimore City, which Court is a Court of Record, and has a seal, do hereby certify that Herbert J. Aull , Esquire, before whomthey annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take acknowledgments, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said Notary, and verily believe the signature to be his genuine signature. In Testimony Whereo/, I hereto set my hand and affix the seal of the Superior Court of Baltimore City, the same being a Court of Record, this 22nd day of November , A. D. 19 68 (SEAL) (Signed) .......Robert H. Bosse Clerk of the Superior Court of Baltimore City. Fs 3 (9-67) .�. X COPY OF RESOLU77ON That Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and is its name in States other than Maryland, and in the Territories of the United States and in the Provinces of the Dominion of Canada and in the Colony of Newfoundland There/ore, be it .Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice. Presidentsin conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persona as attorney or attorneys•in•fact, or agent or agents of said Company, in its name and as its act, to execute and deliver any and all con- tacts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed, and Also, in its name and as its attorney or attorneys -in -fact, or agent or agents to execute and guarantee the conditions of any and all bonds, recognizance*, obligations, stipulations, undertakings or anything in the nature of either of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces of the Dominion of Canada or of the Colony of Newfoundland, or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization, office or officer, local. municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given, tendered, accepted. filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or anything in the nature of either of the same. 11 F . J . Willey as Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a fnl1, true and correct copy of the original power of attorney given by said Company to John V . Shropshire Jr. Of Lubbock, Texas , authorizing and empowering him to sign bonds as therein set forth, which power of attorney has never been revoked and is still in full force- and effect. And, I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 11th day of July, 1910, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a tree and correct copy of said resolution, and the whole thereof as recorded In the minutes of aid meeting. Za Testimony Whereof, i have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COMPANY on March 26, 1992 (Date) Assistant Secretary. r- 7 BOND CHECK BEST RATING---r—"" LICENSE IN S DATE i Y PERFORMANCE BOND (Applicable an all contracts in excess of $25,000) (To be used in Texas under V.A.C.S. Art. 5160) THE STATE OF Texas COUNTY OF Lubbock KNOW ALL MEN BY THESE PRESENTS: That we<(1) Huh City PAMPrS' Inc_ , -(2) ACorporation of Lubbock. Texas , hereinafter called Principal, and (3) United States Fidelity & Guaranty Company of Baltimore , State of Maryland , hereinafter called the Surety, are held firmly bound unto T4-T— C i ty of Lubbock' Of 1 i+b�k Tex;;-, : hereinafter called Ow n -th_e penal sum of -Thirty-four Thousand. Seven Hundred Ninety-five/� 5 .00 ) Dollars in lawful money of the United States, to be paid in 5) Lubbock. Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain Contract with (6) City of Lubbock , dated the 2 th day of March , 1992, a copy of which is hereto attached and made a a part -hereof, for the construction of: Bid #11828 - Arnett Benson Sidewalk Project (herein called the''rwole'a);' These footnotes refer to the numbers in the body of Contract above: ' bate .of Bond must not be prior to date of Contract. (1) Correct name of Contractor (3) Correct name of Surety (2) A Corporation, a Part- (4) Correct name of Owner nership or an Individual, (5) County and State as the case may be (6) Owner NOW THEREFORE, if the Principal shall well, truly and faithfully perform the work in accordance with the plans, l specifications and Contract Documents during the original 'term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if the Principal shall satisfy all claims and demands incurred under such Cbn- i tract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise, it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Lubbock , Texas, and that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, _ alteration or addition to the terms of the Contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument is executed ­in six -- counterparts, each one of which shall be deemed and original, this the 26th day of March 9 19 92 . Hub' City Pavers, Inc. Principal ATTES — S en Sarten, esident rincip al Secretary 4 -50th St. Ste B, Lubbock, TX 79413 Address (SEAL) = --Witness as to Principal i..- Address United States Fidelity & Guaranty Co. Surety _. ATTEST: k\ _ BY: Joh ,• ropy rre.:,: ,rl,, -Fac Surety Secretary p TX 79408 Address (SEAL) Witness as to Surety Address NOTE: If Contractor is Partnership, all partners should execute bond. These footnotes refer to the numbers in the body of Contract above: n Date of Bond must not be prior to date of Contract. �., (1) Correct name of Contractor (3) Correct name of Surety (2) A Corporation, a Part- (4) Correct name of Owner nership or an Individual, (5) County and State as the case may be (6) Owner r E t p�p I 1 1 - t r r F i f 1 (THIS PAGE LEFT BLANK INTENTIONALLY) r• r i l fY r PERFORMANCE BOND r r T ' i (THIS PAGE LEFT BLANK INTENTIONALLY) r CERTIFICATE OF INSURANCE 1. (THIS PAGE LEFT BLANK INTENTIONALLY) AI/III�IIe 6EAT�t, aMP 4 ���k` ISSUE DATE (MMIDD/Y�ry i..: .r"'t•$'''a'',+?:`I�sed^+v7r,7"ga'S"^•R"+,•4�ty?'-Y,s1..? �..1,-pal. k'�; ^,:4 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIONONLY AND JPRODUCER� CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE The Shropshire Agency, Inc. DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE P, 0. Box 10428 POLICIES BELOW. COMPANIES AFFORDING COVERAGE Lubbock, Texas 79408 i 8o6-763-7311 ! COMPANY LETTER Agetna Casualty 8 Surety Company. COMPANY B INSURED LETTER U. S. Fire Insurance Company Hub City Pavers, Inc. COMPANY LETTER C p44214-50th Street, Suite B Lubbock, Texas 79413. COMPANY LETTER D k 06-799-6280 COMPANY E LETTER COVERAGES A4 W�OeW4_' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCELISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO L TYPE OF INSURANCE POLICY NUMBER i POLICY EFFECTIVE !POLICY EXPIRATION DATE (MMIDD/YY) ! DATE (MM/DD/YY) LIMITS j GENERAL LIABILITY GENERAL AGGREGATE 4 X ! COMMERCIAL GENERAL LIABILITY , ! PROOUCTS-COMP/OP AGG ! S 1,000,000. i 1 I CLAIMS MADE X OCCUR 071 GL805854 tcn Is 'OWNER'S 3 CONTRACTOR'S PROT1 1 1 —1 —92 1 -1-93 ; PERSONAL 3 ADV. INJURY t 500,000. EACH OCCURRENCE S . 5OO , 000. �1• iI I, FIRE DAMAGE (Any one fire) t 50,000. ( I MED. EXPENSE (Any one person) i 5 A{y(� _ AUTOMOBILE LIABILITY i Ix i ANY AUTO 10 1 FJ 104 826 j 7 9 tca ►+i COMBINED SINGLE i { + LIMIT i y1-1-92 ±jj1-1-93 500,000. EX ;ALL OWNED AUTOS l i BODILY INJURY ; S X ' SCHEDULED AUTOS j ! (Per person) X HIRED AUTOS j BODILY INJURY ` i X ` NON -OWNED AUTOS (Per accident) GARAGE LIABILITY I f V 3 PROPERTY DAMAGE ! i EXCESS LIABILITY i ; {EACH OCCURRENCE 1 , 000, 000. k X UMBRELLA FORM 071 XS21 993305 tca 1— 1— 2 i 1- 1— i AGGREGATE 6 9 93 $I,000,000. I OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION 407-08- 1 2-49 ! STATUTORY LIMITS 1 -1 -92 j 1 -1 -93 AND (This 15 an assigned I EACH ACCIDENT i 100,000. EMPLOYERS' LIABILITY risk policy. Ce r t DISEASE —POLICY LIMIT i 500t,000. i - I DISEASE —EACH EMPLOYEE i OTHER i � } I t 1 1 { rDESCRIPTION OF OPERATIONS/LOCATIONSIVEHICL.ES/SPECIAL ITEMS l Re:Bid #11828 - Arnett Benson Sidewalk Project E ;CERTIFICATE HOLDER =a r' rW *41" � 5 ;CANCEItA'I'ION Ji, City of Lubbock SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED -to THE Lubbock, TEXAS "t LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES, AUTHOR REPRESE ATIVE ACORD 28•8 /90 .,� .,; <. ,p ..:,-, .�: M ,:,;'� r .^' a ; •. '„ a ,� :k 1. ��'� �`` ©CORD CIMPORATION 1990 HUD CERTIFICATIONS SECTION 3/STATEMENT OF WORK FORCE NEEDS (IN EXCESS OF $10,000) (THIS PAGE LEFT BLANK INTENTIONALLY) Supplement to the General Cionditions of the Contract for Construction U.S. Depsrtment of Housing and Urban Development 10 � Public and Indian Housing Article 1 — Labor Standards Applicability and so advise HUD or its designee or will notify HUD or its The Project or Program to which the construction work covered designee within the 30-day period that additional time is by this contract pertains is being assisted by the United States necesssary. (Approved by the Office of Management and Budget of America and the following Federal Labor Standards Provisions under OMB Control Number 1215.0140.) are included in this Contract or related instrument pursuant to (c) in the event the contractor, the laborers or mechanics the provisions applicable to such Federal assistance. to be employed in the classification or their representatives, and A. 1. (i) Minimum Wages. All laborers and mechanics employed HUD or its designee do not agree on the proposed classification or working upon the site of the work (or under the United States and wage rate (including the amount designated for fringe benefits, Housing Act of 1937 or under the Housing Act of 1949 in the where appropriate), HUD or its designee shall refer the questions, construction or development of the project), will be paid uncon- including the views of all interested parties and the recommenda- ditionally and not less often than once a week, and without tion of HUD or its designee, to the Administrator for determination. subsequent deduction or rebate on any account (except such The Administrator, or an authorized representative, will issue a payroll deductions as are permitted by regulations issued by the determination within 30 days of receipt and so advise HUD or its Secretary of Labor under the Copeland Act (29 CFR Part 3). the desi,nee or will notify HUD or its designee within the 30-day period full amount of wages and bona fide fringe benefits (or cash that additional time is necessary. (Approved by the Office of equivalents thereof) due at time of payment computed at rates Management and Budget under OMB Control Number 1215-0140.) not less than those contained in the wage determination of the (d) The wage rate lincluding fringe benefits where ap- Secretary of Labor which is attached hereto and made a part propriate) determined pursuant to subparagraphs A.1.(11)(b) or (c) of hereof, regardless of any contractual relationship which may be this paragraph, shall be paid to all workers performing work in the alleged to exist between the contractor and such laborers and classification under this contract from the first day on which work mechanics. Contributions made or costs reasonably anticipated is performed in the classification. for bona fide fringe benefits under Section 1(b)(2) of the Davis - Bacon Act on behalf of laborers or mechanics are considered (111) Whenever the minimum wage rate prescribed in the con. wages paid to such laborers or mechanics, subject to the provi- tract for a class of laborers or mechanics includes a fringe benefit sions of 29 CFR 5.5(a)it)(1v); also, regular contributions made or which is not expressed as an hourly rate, the contractor shall either costs incurred for more than a weekly period (but not less often pay the benefit as stated in the wage determination or shall pay than quarterly) under plans, funds, or programs, which cover the another bona fide fringe benefit or an hourly cash equivalent particular weekly period, are deemed to be constructively made thereof. or Incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate pv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wage rate and fringe benefits on the wage determination for the wages of any laborer or mechanic the amount of any costs classification of work actually performed, without regard to skill, reasonably anticipated In providing bona fide fringe benefits under except as provided In 29 CFR Part 5.5(a)(4). Laborers or a plan or program, Provided, that the Secretary of Labor has found, mechanics performing work in more than one classification may upon the written request of the contractor, that the applicable stan- be compensated at the rate specified for each classification for dards of the Davis -Bacon Act have been met. The Secretary of the time actually worked therein: Provided, That the employer's labor may require the contractor to set aside in a separate account payroll records accurately set forth the time spent in each assets for the meeting of obligations under the plan or program. classification in which work fs performed. The wage determnna- (Approved by the Office of Management and Budget under OMB tion (including any additional classification and wage rates con- Control Number 1215-0140.) formed under 29 CFR Part 5.5(a)(1)(11) and the Davis -Bacon poster (WH-1321) shalt be posted at all times by the contractor and its 2. Withholding. HUD or its designee shall upon its own action subcontractors at the site of the work in a prominent and ac- or upon written request of an authorized representative of the cessible place where It can be easily seen by the workers. Department of Labor withhold or cause to be withheld from the i s h pixa) Any crass of laborers or mechanics which is not contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract listed in the wage determination and which lion employed subject to Davis -Bacon prevailing wage requirements, which is held and in conformance with the under the contract shall be withclas by the same prime contractor so much of the accrued payments or wage determination. HUD shall approve an additional flea- advances as may be considered necessary pay laborers and tion and wage rate and fringe benefits therefore only when the following have been a mechanics, including apprentices, trainees and helpers, employed criteria met: by the contractor or any subcontractor the full amount f (1) The work to be performed by the classification requested is not performed by a classification in the wage deter- mination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, Including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their represen- tatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt F o wages re- quired by the contract. In the event of failure to pay any laborer or mechanic, inicuding any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by thti contract, HUD or its designee may, after written notice to the con- tractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, ad- vance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contrac- tor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 3. (1) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the HUD.52554 (1-87) HB 7417.1 b 7417.1 REV-1 qualified applicants will receive consideration for employment structlon work: Provided, that if the applicant so participating is a without regard to race, color, religlon, sex, or national origin. 'State or local government, tho above equal opportunity clause Ie + C. The Contractor will send to each labor union or represen• • !-not applicable to any agency, instrumentality or subdivision of such tative of workers with which it has a collective bargaining agree- government which does not participate in work on or under the merit or other contract or understanding a notice to be provided contract. advising the said labor union or workers representatives of the L The applicant agrees that It will assist and cooperate actively ; Contractors Commitments hereunder, and shall post copies of with the administering agency and the Secretary of Labor in obtain• the notice in conspicuous places available to employees and ap- Ing the compliance of contractors and subcontractors with the plicants for employment. - equal opportunity clause and the rules, regulations, and relevant D. The Contractor will comply with all provisions of Executive ' orders of the Secretary of Labor, that it will furnish the administer - Order 11246 of September 24, 1965 and of the rules, regulations, Ing agency and the Secretary of Labor such information as they and relevant orders of the Secretary of Labor• may require for the supervision of such compliance, and that it will -- otherwise assist the administering agency in the discharge of the E The Contractor will furnish all Information and reports re':agency's primary responsibility for securing compliance. Executive Order of September 24, and Labor, r- rotes, regulations' and orders of the Secretary of Labor, or pur- rules, eg orders of J. The applicant further agrees that it will refrain from entering in. 'suant thereto, and wiff permit access to Its books, records, and to any contract or contract modification subject to Executive Order. , accounts by the Secretary of Labor for purposes of investigation 11246 of September 24, 1965, with a contractor debarred from, or to ascertain Compliance with such rules, regulations, and orders. who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive F: In the event of the Contractor's noncompliance with the order and will carry out such sanctions and penalties for violation nondiscrimination clauses of this contract or with any of the of the equal opportunity clause as may be imposed upon contrac-— said rules, regulations, or orders, this contract may be canceled, tors and subcontractors by the administering agency or the -terminated, or suspended in whole or In part and the Contractor Secretary of ipursuant to Part II, Subpart D of the Executive •. may be declared Ineligible for further government contracts or ' order. In addittionion.. the applicant agrees that if it fails refuses to federally assisted construction contracts in accordance with pro. comply with these undertakings, the administering agency may take cedures authorized in Executive Order 11246 of September 24, any all of the following actions: Cancel, terminate, or suspend in — 1965, and such other sanctions may be imposed and remedies le .• whole or in part this grant (contract, loan, insurance, guarantee); invoked as provided in Executive Order 11246 of September 24,. retrain from extending any further assistance to the applicant under. 1965, or by rule, regulations or order of the Secretary of Labor, the program with respect to which the failure or refund occurred or as otherwise provided by taw. . • ••:• until satisfactory assurance of future compliance has been received G. The Contractor will include the portion of the sentence Im• from such applicant; and refer the case to the Department of r mediately preceding paragraph A and the provisions of Justice for appropriate legal proceedings. paragraphs A through G in every subcontract or purchase order - unless exempted by rules, regulations, or orders of the Secretary , of Labor Issued pursuant to Section 204 of Executive Order Article 3 - Equal Opportunity for Businesses and Lower Income Per- -- 11246 of September 24, 1965, so that such provisions will be ;+ sons Located Within the Project Area binding upon each subcontractor or vendor. The Contractor will _ .... take such action with respect to any subcontract or purchase . ' A. The work to be performed under this contract is on a project order as the Secretary of Housing and Urban Development or the '' assisted under a program providing direct Federal financial Secretary Labor may direct a means of enforcing such pro- assistance from the Department of Housing and Urban Develop- visions, Including sanctions forr noncompliance. Provided, .. ment and is subject to the requirements of Section 3 of the Hous- however, that in the event the Contractor becomes involved in, Ing and Urban Development Act of 1968, as amended, 12 U.S.C. or is threatened with, litigation with a subcontractor or vendor as 1701u. Section 3 requires that to the greatest extent feasible oppor- a result of such direction by the Secretary of Housing and Urban tunities for training and employment be given lower Income ^ Development or the Secretary of Labor, the Contractor may re- residents of the unit of local government or the metropolitan area quest the United States to enter into such litigation to protect (or nonmetropolitan county) as determined by the Secretary of the interests of the United States. ... �• '...::._;_ �..::. _ . . ' ' •_ Housing and Urban Development in which the project is located , H. The applicant further agrees that It will be bound by the and contracts for work in connection with the project be awarded to above equal opportunity clause with respect to its own employ- business concerns which are located in, or owned Insubstantial _- ment practices when it participates in federaly assisted con- —.__!part by persons residing in the same metropolitan area (or rtonmetropolitan county) as the project. ":`; J �: •.%t;: 1,t ri 1 1 � ` ` .(,;7t •n,t Ll{.•l 1.ni� 1v i ra'RtrrJ/ 1 r is t f��:•f 1 « ,' , :•� `� ,.r \ � • ri tfk.t•`. r'• { - t . { .� � ' eGr , >, � �, •,r lC., .. �u w �.,. t ' "i .;c:, {, •�.� : 3 ..1 . b:.:, c•o•,' ; z1 '•r«� ... .1!•?',•:.'F' it �,,u r.i"sip:. e t `Z i+1 3H tip w,,,>> r, rri ! y!' •'ii 7 �..^, 'nr.•-i ; • �., . ,•..; 1. N11LU'.� '_ '�1Q +♦1 ,1 •\.F I IrrstD{"1}:i Jita i•d to N3 J ,> +tlr•••• } fo rk 711 t . it ,r r + _,� ti►{j YI t3 • '9e,�in r.� ,.; u.� R• 1 ,lT A ; r ••fr RI i,� \"k � 1 � nI t h � � �'r h E.. Rt i Lrti I - iT,p G r �K. Cd) 1 ' _t, / + n r'� i 'I•Ir rt .� , L'riri • ... ' r It''r:,t-.l+{;a.'.r.••r:•lei' � 'i tIS7:�.• :3 4t,;t. a•1 •t:; tJ.,�••�G' 1 .f:` 1 i.T t e 1' y_ =.;i:i.• l"t{1¢R `hj4s •, _ �- , T.:Y 1^'3'�f l+ ��.' ��.. • p •• .r -{ Yt. ty�.f, i T;ti ...:..�'\{ J,•I•!� 2, 11�L �.•4�, �t� ! •^•s+ rs 1 . ' ry �- ' -° ••' - : - }•� •.r: .�.?,• 4f^• .Jf �:.. ('- • I+.T � J•lA�,:•.. e;E ,T �;� nt .. • . . (.. .. Y .- • .. _... __ ...__....... _.....-.... _.._ .._...__. .- •.Page 4 of 4 Pages --- -� --- CONTRACTOR INFORMATION City of Lubbock DATE: FEPAuaR,4 60 IG92 P.O. Box 2000 Lubbock, Texas 79457' PROJECT NUMBER CDWOs 31�3- 5g11DD7-aDol PROJECT NAME: PFpNyj--r �t) C \n1 A LK The undersigned, having submitted a bid to the City of. Lubbock for the construction of the above identified project, certifies that: (a) The legal name and business address (including zip code) of the undersigned is: l�u ('_zz� �r�vtes+ 3�c• 2. The undersigned is: (a) A single proprietorship (list sole owner) (b) A partnership (list all partners) A corporation (names of all principals and their titles) President: GLEN N Vice -President: Secretary -Treasurer: s-�� 1�.A\rQL-IS 3.. The Taxpayer Identification Number for the undersigned is (whichever is applicable): (a) Employer Identification Number (Federal Identification Number): '`l5- 1$9�155g (b) Social Security Number: 4. If awarded the bid for the aforementioned project, the undersigned agrees to forward to the City of Lubbock within ten days after the execution of any subcontractor(s) a list of all subcontractors who will be employed on said project. This list will consist of the subcontractor's legal name and business address. Contractor Date VF_bRuRRv Al. OqA a CONTRACTOR'S NAME ADDRESS PRELIMINARY STATEMENT OF WORK FORCE NEEDS NATURE OF CONTRACT AMOUNT OF CONTRACT ANTICIPATED OCCUPATIONAL CATEGORIES TO BE UTILIZED ANTICIPATED NUMBER OF NON -TRAINEE POSITIONS ANTICIPATED NUMBER OF TRAINEE POSITIONS * This form is to be completed by all contractors prior to signing any contract. (THIS PAGE LEFT BLANK INTENTIONALLY) No Text (THIS PAGE LEFT BLANK INTENTIONALLY) Pim CONTRACT THE STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 26th day of March. 1992, by and between the City of Lubbock, County of Lubbock" State of Texas, acting by and through B.C. McMinn, Mayor, and -thereunto = authorized to do so, hereinafter referred to as OWNER, and liub City _ Pavers. Inc. of the City of Lubbock, County of Lubbock, and State —of - Texas, hereinafter referred to as CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any), the CONTRACTOR hereby agrees with the OWNER to commence and complete the construction of certain improvements described as follows: Bid #11828 - ARNETT BENSON SIDEWALK PROJECT IN THE AMOUNT OF $34,795.00. F and all extra work in connection herewith, under the terms as stated in the Contract Documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, t" superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the Contract Documents, as defined in the General Conditions of the Agreement. The CONTRACTOR hereby agrees to commence work within ten (10) days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the Contract Documents. The OWNER agrees to pay the CONTRACTOR in current funds for the t: performance of the Contract in accordance with the proposal submitted therefor, subject to additions and deductions, as provided in the Contract Documents, and to make payment on account thereof as provided i therein. F IN WITNESS WHEREOF, the parties to these presents have executed this contract in five (5) counterparts, each of which shall be deemed an original, in the year and day first above mentioned. CITY OF LUBBOCK, TEXAS ,Mayor T T: City Secretary APPROVED AS TO CONTENT: AP OVED AS FO Hub City Pavers, Inc. CONTRACT TITLE: COMPLETE ADDRESS: 4214 50th Street LUBBOCK TX 79413 ATTEST: Secretary GENERAL CONDITIONS OF THE AGREEMENT (THIS PAGE LEFT BLANK INTENTIONALLY) r INDEX TO GENERAL CONDITIONS 1. Owner fall 2. Contractor ' 3. Owner's Representative and Architect or Consulting Engineer 4. Contract Documents 5. Interpretation of Specifications or Drawings 6. Subcontractor r., 7. Assignment 8. Written Notice r` ill 9. Work 10. Substantially Completed 11. Layout of Work 12. Keeping of Plans and Specifications Accessible 13. Right of Entry and Inspection *- (i 14. Lines and Grades f 15. Architect's Authority and Duty 16. Superintendence and Inspections 17. Contractor's Duty and Superintendence r� A 18. Contractor's Understanding 19. Character of Workmen C 20. Construction Plant r` i 21. Sanitation 22. Observation and Testing f 23. Defects and Their Remedies 24. Changes and Alterations f 25. Extra Work 26. Discrepancies and Omissions 27. Right of Owner to Modify Methods and Equipment 28. Protection Against Accident to Employees and the -Public 29. Contractor's Insurance: Scope of Insurance and Special Hazards — 30. Protection Against Claims of Subcontractors, Laborers, Materialmen and Furnishers of Machinery, Equipment and Supplies 31. Protection Against Royalties or Patent Invention 32. Laws and Ordinances 33. Time for Completion and Liquidated Damages r 34. Time and Order of Completion 35. Extension of Time 36. Hindrance and Delays 37. Quantities and'Measurements 38. Protection of Adjoining Property 39. Price for Work 40. Construction Schedule & Periodic Estimates 41. Payments to Contractor 42. Payrolls and Basic Payroll Records of Contractor and -' Subcontractor 43.• Minimum Wages 44. Posting Wage Determination Decisions and Authorized Wage Deductions 45. Employment of Laborers or Mechanics Not Listed in Aforesaid Wage Determination Decisions 46. Specific Coverage of Certain Types of Work by Employees 47. Underpayments of Wages or Salaries 48. Anticipated Costs of Fringe Benefits 49. Fringe Benefits not Expressed as Hourly Wage Rates 50. Overtime Compensation` Required by Contract Work Hours and Safety Standards Act (76 Stat. 357-360: Title 40 U.S.C., Sections 327-332) 51. Employment of Apprentices/Trainees 52. Employment of Certain Persons Prohibited 53. Regulations Pursuant to So -Called "Anti -Kickback Act" 54. Complaints, Proceedings or Testimony by Employees 55. Claims and Disputes Pertaining to Wage Rates 56. Questions Concerning Certain Federal Statutes and Regu- lations 57. Final Completion and Acceptance 58. Final Payment 59. Correction of Work Before Final Payment for Work 60. Correction of Work After Final Payment 61. Payment Withheld 62. Delayed Payment 63. Time of Filing Claims 64. Arbitration 65. Abandonment by Contractor 66. Abandonment by Owner 67. Losses from Natural Causes 68. Independent Contractor 69. Cleaning Up 70. Contractor's Right to Terminate 71. Right of the Owner to Terminate Contract 72. Breach of Foregoing Federal Labor Standards Provisions 73. Interest or Member of or Delegate to Congress 74. Other Prohibited Interests 75. Special Equal Opportunity Provisions 76. Certification of Compliance with Air and Water Acts 71. Special Conditions Pertaining to Hazards Safety'Standards and Accident Prevention 78. Nondiscrimination against the handicapped (Sec. 504) PM F 1. OWNER GENERAL CONDITIONS OF THE AGREEMENT ( Whenever the word "Owner", or the expression "Party of the First Part", or "First Party", are used in this Contract, they shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word "Contractor", or the expression "Party of the Second l Part", or "Second Party", are used, they shall be understood to mean the person, persons, co -partnership or corporation, to wit:Hub City Pavers, Inc. who has agreed to perform the work embraced in this Contract, or to his or their legal representative. 3. OWNER'S REPRESENTATIVE AND ARCHITECT OR CONSULTING ENGINEER a. Whenever the term Owner's Representative is used in this Contract, it shall be understood as referring to Tony Reyes, Community Development Coordinator, of the City of Lubbock, or to such other representative, supervisor or inspector as may be authorized by said Owner to act as Owner's Representative under this Agreement. Owner's Representative may designate engineerings, supervisors or inspectors wh will act for Owner under the direction of Owner's Representative, but such engineers, supervisors or inspectors shall not directly supervise the Contractor or men acting in behalf of the Contractor. The Owner's Representative shall have authority to approve change orders involving a decrease or increase in cost of Five Thousand ($5,000.00) Dollars or less. �^ b. Owner has designated Tony Reyes, Community Development Coordinator, to perform the duties of Architect or Consulting Engineer on the project to be constructed pursuant to this Contract. The Architect or Consulting until final Engineer will administer payment is due or until this Contract during construction and the Owner's Representative terminates, modifies or limits the duties which are the responsibility of the Architect as hereinafter set forth, in which case the Owner's Representative or his appointed agent shall perform any duties so terminated, limited or modified. The word "Architect" when used in this agreement shall mean either Architect or Consulting Engineers 4. CONTRACT DOCUMENTS The Contract's Documents shall consist of the Notice to Bidders, Information for Bidders, Bid Proposal, Singed Agreement, Statutory Bonds (if required), General Conditions of the Agree- ment, Exhibits A and B to the General Conditions, Special Conditions of the Agreement (if any), Specifications, Drawings, Insurance Certificate and all other documents made available to Bidder for his inspection in accordance with the Notice to Bidders, as well as all Addenda issued prior to the execution of the Signed Agreement, and all Modifications, such as Change Orders, written interpretations and written orders for minor changes in the work which are issued by the Architect as hereinafter authorized. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the work. The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. Work not covered in the Contract Documents will not be required unless it is consistent therewith and reasonably inferable therefrom as being necessary to produce the intended results. In the event Special Conditions are contained herein as part of the Contract Documents and said Special Conditions conflict with any of the General Conditions contained in this Contract, then in such event the Special Conditions shall control. The Contract Documents shall not be construed to create any contractual relationship of any kind between the Architect and the Contractor. 5. INTERPRETATION OF SPECIFICATIONS OR DRAWINGS Whenever in the Specifications or Drawings accompanying this Agreement the terms of description of various qualities relative to finish, workmanship or other qualities of similar kind which cannot, from their nature, be specifically and clearly described and specified, but are necessarily described in general terms, the fulfillment of which must depend on individual judgment, then, in all such cases, any question of the fulfillment of said Specifications or Drawings shall be decided by the Architect, and said work shall be done in accordance with his interpretations of the meaning of the words, terms or clauses defining the character of the work. 6. SUBCONTRACTOR A subcontractor is a person or entity who has a direct contract with the Contractor to perform any of the work at the site. The Contractor may utilize the services of specialty subcontractors on those parts of the work which, under normal contracting practices, are performed by specialty subcontractors. The Contractor shall not award any work to any subcontractor without prior written approval of the Owner's Representative, which approval will not be given until the Contractor submits to 2 the Owner a written statement concerning the proposed award to r� the subcontractor, which statement shall contain such information as the Owner may require. 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. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the Contractor by the terms of the General Conditions and other Contract Documents insofar as applicable to the work of the subcontractors and to give the Contractor the same power to terminate any subcontract that the Owner may exercise over the Contractor under any provision of the Contract Documents. Nothing contained in this Contract shall create any con- tractual relation between any subcontractor and the Owner or the Architect, and said subcontractor will look exclusively to the Contractor for any payments due subcontractor. 7. ASSIGNMENT The Contractor agrees that he will retain personal control and will give his personal attention to the fulfillment of this Contract. The Contractor further agrees that assignment of any - portion or feature of the work or materials required in the performance of this contract shall not relieve him from his full obligations to the Owner, as provided by this Contractual Agreement. 8. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to -the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to him who gives the notice. All directions, instructions or notices required or autho- rized to be given under these Contract Documents from the Owner, Owner's Representative or Architect to the Contractor shall be in writing. 9. WORK The work comprises the completed construction required by r. the Contract Documents and includes all labor necessary to produce such construction, and all materials and equipment incorporated or to be incorporated in such construction. r- 9 Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the Contract Documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfac- tory evidence as to the kind and quality of materials. Materials .or work described in words which so applied have well known, technical or trade meanings shall be held to refer to such recognized standards. All work shall be done and all materials furnished in strict conformity with the Contract Documents or any,other;information or instructions conveyed to the Contractor. 10. SUBSTANTIALLY COMPLETED The term "Substantially Completed" means that the structure or project contemplated by the Contract Documents has been made suitable for use or occupancy, or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 11. LAYOUT OF WORK Except as specifically provided herein, the Contractor shall be responsible for laying out all work andshallaccomplish this work in a manner acceptable to the Architect. The Architect will check the Contractor's layout of all major structures and any other layout work done by the Contractor at the Contractor's request, but this check does not relieve.the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 12. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished with (1) ()nP copies of all Drawings, Profiles and Specifications without expense to him and he shall keep one copy of same consistently accessible on the job. site. 13. RIGHT OF ENTRY AND INSPECTION The Architect shall at all times have access to the work wherever it is in preparation and progress. The.Architect will make periodic visits to the site at intervals appropriate to the state of -construction to observe the progress and quality of the executed work and to determine, in general, if the work -is proceeding in accordance with the Con- tract Documents. He will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity - 4 - Pik of.the work. Furthermore, the Architect will not have control or charge of and will not be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. His efforts will be directed towards providing assurances for the Owner that the completed project will conform to the requirements of the Contract Docu- ments, but -he will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. On the basis of his on -site observations, he will keep the Owner informed of the progress of the work and will endeavor to protect the Owner against defects and deficiencies in the work of the Contractor. The authorized representative and agents of the Owner shall �. be permitted to inspect all work, material, payrolls, records of personnel, invoices of materials and other relevant data and records. The Owner reserves the right to perform work related to the project with his own forces, and to award separate contracts in connection with other portions of the project or other work on the site of the Contract. If the Contractor claims that delay or additional costs are involved because of such action by the Owner, he shall make such claim as provided elsewhere in the Contract Documents. 14. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commencement of the work contemplated by these Contract Documents or the completion of the work contemplated by these Contract Documents. Whenever necessary, the Contractor shall suspend his work in order to permit the Owner's Representative to comply with this require- ment, but such suspension will be as brief as practical and the Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Con- tractor, and in case of careless destruction or removal by him, his subcontractors or their employees,,such stakes, marks, etc., shall be replaced by the Owner's Representative at the Contrac- tor's expense. 15. ARCHITECT'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Contract that the Architect shall review all work included herein. 5 _ i The Architect will review and approve or take other appro- priate action upon the Contractor's submittals, such as Shop Drawings, Product Data and Samples, but only for conformance with the design concept of the work and with the information given in the Contract Documents. The Architect will have authority to order minor changes in the work not involving an adjustment in the Contract Sum or an extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be ef- fected by written order, and shall be binding on the.Owner and the Contractor. The Contractor shall carry out such written orders promptly. The Architect has the authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. The Architect has the authority to reject work which does not conform to the Contract Documents. In order to prevent delays and disputes and to discourage litigation, it is further agreed that the Architect shall, in all _ cases, determine the amounts and quantities of the several kinds of work which are to be paid for under this Contract. Based on the Architect's observations and an evaluation of the Contrac- tor's Applications for Payment, the Architect will determine the - amounts owing to the Contractor and will issue Certificates for Payment in accordance with the provisions of this Agreement. He shall determine all questions in relation to said work and the f construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this Contract on the part of said Contractor. The Architect's estimates and findings shall be conditions precedent to the right of the parties hereto to arbitration or to any action on the Contract, and to any rights of the Contractor to receive any money under the Contract; provided, however, that should the Architect render any decision or give any direction which, in the opinion of the Owner's Representative, is not in accordance with the meaning and intent of this Contract, the Owner's Represen- tative shall notify the Architect and the Contractor of his objection, and the Architect shall direct the Contractor to modify or remedy such work to meet the requirement's of the Owner's Representative. Should the Contractor object ,to any decision or given direction which, in his opinion, is not in accordance with the meaning and intent of this Contract, the Contractor may file with said Owner's Representative, within 30 days, his written objection to the decision or direction so rendered, and by such action may reserve the right to submit the question so raised to arbitration, as hereinafter provided. It is the intent of this Agreement that there shall be no delay in the execution of the work. Therefore, written decisions or directions of the Architect as rendered shall be promptly carried out, and any claim arising therefrom shall be thereafter adjusted _ through arbitration, as hereinafter provided. 6 - The Owner's Representative shall, within a reasonable time, render and deliver to both the Architect and the Contractor a written decision on all written; objections filed by the Con- tractor. Should the Owner's Representative fail to make such a decision within a reasonable time, an appeal to arbitration may be taken as if his decision had been rendered against -the Contractor. 16. SUPERINTENDENCE AND INSPECTIONS It is agreed by the Contractor that the Owner's Represen- tative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work performed or being performed under this Agreement, and to see that said materials are fur- nished and the work is done in accordance with the specifications therefor. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. 17. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this Contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in his absence and all, directions given to him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work, and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner, Owner's Representatives or Architect will not be responsible for the acts or omissions of the Contractor or any of his agents or employees or any other persons performing any of the work. The Contractor shall be responsible to the Owner for the acts and omissions of his employees, subcontractors and their agents and employees and other persons performing any of the work under a contract with the Contractor. 18. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the - 7 - work under this Contract. No verbal agreement'ar conversation with any officer, agent or employee of the Owner, either before or after the execution of'thi's Contract, shall affect or modify any of the terms or obligations herein contained. 19. CHARACTER OF WORKERS' To do the work required by this Contract, the Contractor agrees.to employ only orderly and competent workers, skillful in the performance in the type of work required by the said Con- tract, and he further agrees that whenever the Owner's Represen- tative shall inform him in writing that any worker or workers doing the work are, in his opinion, incompetent, unfaithful or disorderly, such worker or workers shall be discharged from the work and shall not again be employed to do the work without written consent of the Owner's Representative. 20. CONSTRUCTION PLANT r The Contractor shall provide all labor, tools, equipment, machinery and materials necessary for the prosecution and com- pletion of...ahis-Contract where it is not otherwise specifically provided that the Owner shall furnish same, and it is also understood that.the Owner shall not `be'held responsible for the care, preservation, conservation or protection of any materials, tools, equipment or machinery or Iany part oVthe work until it is finally completed and accepted. The building of'structures for the housing of,workers or equipment will be permitted only at such places as'the.Owner's Representative shall 'direct, and the sanitary conditions of the grounds in or about such structures shall at all times be main- tained in a manner satisfactory to `the'Owner's Representative. 21., SANITATION Necessary sanitary conveniences for the use of laborers on the.work site, properly secluded from public observation, shall be constructed and maintained"by'the Contractor in such manner and at such points as shall be approved by a subordinate super- visor appointed by the Owner's'Representative. The Contractor shall strictly enforce the use of such facilities. 22. OBSERVATION AND TESTING The Owner's Representative or the Architect -shall have the right at all reasonable times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever work is in preparation or progress. Contractor shall ascertain the scope of any`observations''and tests which may be contemplated by Owner's Representative or Architect and shall give ample notice as to the time each part of the work will be ready for such observations and tests. Owner's Representative or 7 Architect may reject any work found to be defective or not in accordance with the Contract Documents, regardless of the stage of its completion or the time or place of discovery of such errors, and regardless of whether either Owner's Representative or Architect has previously accepted the work through oversight or otherwise. If any work which is required to be inspected, tested or"approved, is covered up.without written approval or consent of the Owner's Representative or Architect, it must, if requested by the Owner's Representative or Architect, be un- covered for observation and testing at the Contractor's expense. In the event that any part of the work is being fabricated or manufacturedat a location where it is not convenient for Owner's Representative or Architect to make observations of such work or require testing of said work, then in such event, Owner's Repre- sentative or Architect may require Contractor to furnish Owner's Representative or Architect certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as maybe required by law or the Contract Documents. If any work which is required to be inspected, tested or approved, is covered up without written approval or consent of the Owner's Reprsentative or Architect, it must, if requested by the Owner's Representative or Architect, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approval, and any work which meets the requirements of any such tests or approval but does not meet the requirements of the Contract Documents shall be considered defective. Such defective work shall be corrected at the Contractor's expense. Neither observations by the Owner's Representative or Architect, nor inspections, tests or approvals made by Owner's Representative or Architect or other persons authorized under this Agreement to make such inspections, tests or approvals; shall relieve the Contractor from his obligation to perform the work in accordance with the requirements of the Contract Docu- ments. 23. DEFECTS AND THEIR REMEDIES It is agreed that if the work or any part thereof or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner's Repre- sentative or Architect as unsuitable or not in conformity with plans, specifications and Contract Documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative or Architect, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full - 9 - accordance with this Contract. It is further agreed that any remedial action contemplated as',hereinabove set forth shall be at the Contractor's expense. The Contractor shall 'promptly correct any work rejected by the Owner's Representative or Architect as defective or as failing to conform to the Contract Documents, whether observed before or after substantial completion and whether or not fabricated, installed or completed, and shall correct any work found to be defective or nonconforming within a period of one year from the date of substantial completion of the Contract, or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents. The provisions..of this Section apply to work done by subcontractors as well as to work done by direct em- ployees of the Contractor. The Contractor shall bear all costs of correcting such rejected work, including compensation for the Architect's additional services made necessary thereby. If the Contractor fails to.correct defective work as required, or persistently fails to carry out the work in accor- dance with the Contract Documents, the Owner's Representative, by a written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contractor to stop the work', or any portion thereof, until the cause for such order has been eliminated; however, this right of the Owner to stop the work shall not give rise to any duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. If the Contractor defaults or neglects .to carryout the work in accordance with the Contract Documents, and fails within seven days after receipt of written notice, from the Owner's Representa- tive or other agent to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, after seven days following receipt by the Contractor of an additional written notice, and without prejudice to any other remedy he may have, make good such deficiencies. In such case, an appropriate Change Order shall be issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for -the Architect's additional services made necessary by such default, neglect or failure. If the payments then or thereafter due the Contractor are not sufficient to cover such amount,. the_Contrac- tor shall pay the difference to the Owner. If, within one year after the date of substantial completion of the work or'designated portion thereof, or within one year after acceptance by the Owner of 'designated equipment, or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the r r Owner to do so unless the Owner has previously given the Con- r tractor a written acceptance of such condition. This obligation shall survive termination of the Contract. The Owner shall give such notice promptly after discovery of the defect. 24. CHANGES AND ALTERATIONS _ _ 'r The Contractor further agrees that the Owner may in make such the line, changes and alterations as the Owner may see fit, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the r' beginning of the construction, without affecting the validity of E this Contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this Contract; otherwise, such additional work shall be paid for as provided under extra work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used and for any actual loss occasioned by such change due to actual expenses incurred in preparation for the work as originally planned. 25. EXTRA WORK The term "extra work" as used in this Contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or Contract Documents and not covered by the Contractor's proposal, except as provided under changes and alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Architect when presented with a written work order signed by the Owner's Representative, subject, t however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by one or more of the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or r z Method (C) - If neither Method (A) or Method.(B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the actual field cost of the work, plus fifteen (15A) percent. In the event said extra work be performed and paid for under Method (C), then the provisions of this"paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and labor- ers, and materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workmen's Compensation and all other insurances as may be required bylaw or ordinances or directed by the Owner's Repre- sentative or Architect, or by them agreed to. Owner's Represen- tative may direct the form in which accounts of the actual field cost shall be kept and records oftheseaccounts shall be made available to the Owner's Representative. The Owner's Represen- tative or Architect may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used;. otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon or specified, the prices for the use of machinery and equipment shall.be determined by using 100%, of the latest Schedule of Equipment and Ownership.Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15A) of the actual field cost to be paid to the Con- tractor shall cover and compensate him for his profit, overhead, general superintendence, and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such extra work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by the Owner's Representative. In case any orders or instructions appear to the Contractor -to involve extra work for which he should receive compensation or an adjustment in the construction time, he shall make a written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of .opinion arise as to what does or does not constitute extra work, or as to the payment therefor, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making a written request for a written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under - 12 - Method (C). The Contractor will thereby preserve the right to submit the matter 'of payment to arbitration, as herein below l provided. r• 26. DISCREPANCIES AND OMISSIONS ` It is further agreed that it is the intent of this Contract that all work described in the proposal, the specifications, plans and other Contract Documents is to be done for the price < quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these Contract Documents, as -interpreted by the Architect. If the Contractor finds any discrepancies or omissions in these plans, specifications or Contract Documents, he should notify the Architect and obtain a clarification before the bids are received, and if no such request is received by the t ( Architect prior to the opening of bids, then it shall be consi- dered that the Contractor fully understands the work to be '- included and has provided sufficient sums in his proposal to complete the work in accordance with these plans and specifi- cations. It is further understood that any request for clari- fication must be submitted no later than five days prior to the opening of bids. 27. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If, at any time, the methods or equipment used by the Con- tractor are found to be inadequate to secure the quality of work with the rate of progress required under this Contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 28. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC The Contractor shall take out and procure a policy or ,. policies of Worker's Compensation Insurance with an insurance F company licensed to transact business in the State of Texas, which policy or policies shall comply with the Worker's Com- pensation laws of the State of Texas. The Contractor shall at r' all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws r and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, d - 13 his sureties and insurance carriers shall defend, indemnify and save harmless the Owner, all of its officers, the Architect and their agents and employees from all damages, losses, or expenses and from all suits, actions or claims of any character whatsoever brought for or on account of any injuries or damages received or sustained by any person or persons or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in execution and supervision of said Contract, and the project which is the subject matter of this Contract, including the failure of Contractor or any subcontrac- tor to provide necessary barricades, warning lights or signs, and will be required to pay any judgment with costs which may be obtained against the Owner, its officers, the Architect or any of their agents or employees, including attorney.'s fees. In any and all claims against the Owner, any officer of the Owner, the Architect or any of their agents or, employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose act any of them may be liable, the indemnification obligation under this Section shall not be limited in any way by any limitation on the ^ amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under Worker's Compensa- tion acts, disability benefit acts or other employee benefit acts. The obligations of the Contractor under this Section shall not extend to the liability of the Architect, his agents or employees, arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the Architect, his agents or employees, provided such giving or failure to give is the primary cause of the injury or damage. The safety precautions taken shall be the sole responsi- bility of the Contractor, in his sole discretion as an Indepen- dent Contractor. Inclusion of this section in the Agreement, as well as any notice which may be given by the Owner, the Owner's Representative or the Architect concerning omission under this section as the work progresses, are intended as reminders to the Contractor of his duty, and shall not be construed as any assumption of duty to supervise safety precautions taken by either the Contractor or any of his subcontractors. 29. 'CONTRACTOR'S INSURANCE: SCOPE OF INSURANCE AND SPECIAL HAZARDS The Contractor shall not commence work under this Contract until he has obtained all insurance as required herein. The Contractor shall provide insurance for the adequate protection of the Contractor and his subcontractors, respectively, against damage claims which may arise from operations under this Con- tract, whether such operations be by the insured or by anyone directly or indirectly employed by him,and, also, against any of - 14 - r t: 7 the special hazards which may be encountered in the performance of this Contract, as enumerated in the Supplemental General Conditions. The Contractor shall procure and carry, at his sole cost and expense throughout the life of this Contract, insurance protec- tion as hereinafter specified. Such insurance shall be carried with an insurance company licensed to transact business in the State of Texas and shall cover all operations in connection with this Contract, whether performed by the Contractor or a subcon- tractor, or separate policies shall be provided covering the operation of each subcontractor. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. (A) Worker's Compensation and Employer's Liability Insurance. As required by State statute covering all employees employed on a work whether employed by the Contractor or any subcontractor on the job. (B) Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. The Contractor shall obtain an Owner's Protective or Contingent Public Liability Insurance policy naming the City of Lubbock as an additional insured and the amount of such policy shall be as follows: $ 500,000 for bodily injuries, including accidental death, to any one person, but limited to $ 5009000 per occurrence, and $ 100,000 for property damage. The Contractor shall obtain a Contractor's Protective (Contingent) Liability Insurance policy and the amount of said policy shall be as follows: In an amount not less than $ 300,000 for bodily injuries, including accidental death, to any one person, but not less than $ 500,000 per occurrence and in the amount of not less than , 300,000 for property damage. Said policy shall include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury (with exclusion "c" waived) - 15 The City is to be'named as an additional insured on this policy for this specific job, and a copy of the endorsement doing so is to be attached to the Certificate of Insurance. _ In addition to the insurance required above, the = Department of Housing and Urban Development requires that all contracts in excess of $100,000.00 provide Builders Risk Insurance (Fire and Extended coverage). Until the project is completed and accepted by the Owner, said Owner or Contractor (at the Owner's option, as indicated in the Supplemental General Conditions.' Form HUD-4238-N) is required to maintain Builder's Risk Insurance (fire and extended coverage).on,a 100 percent completed value basis on the insurable portion of the project for the benefit of the Owner, the Contractor and Subcontractors, as _ their interests may appear. The Contractor shall not include any costs for Builder's Risk Insurance '(fire and extended coverage) premiums during construction unless the Contractor is required to provide such insurance; however, this provision shall not release the Contractor from his obligation to complete,.according to plans and specifics- tions, the project covered by the Contract, and the Con- tractor and his Surety shall be obligated to full perfor- mance of the Contractor's undertaking. (C) Automobile Insurance The Contractor shall procure a Comprehensive Automobile Liability Insurance Policy providing coverage to include all owned and non -owned cars, including Employer,'s Non -ownership Liability and Hired and Non -owned Vehicles as follows: In an amount not less that $ 2509000 for injuries, including accidental death, to any one person, but not less than $ 500,000 per occurrence, and in the amount of not less than $ 100,000 for property damage. (D) Proof of Coverage Before work on this Contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval three (3) certificates of insurance covering each insurance policy carried and offered as evidence of compli- ance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. - 16 - (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certi- ficate. (4) The expiration date of the policy and the limit or --- -limits of liability thereunder on the date borne by such certificate. (5) A statement that the insurance of the type afforded by .the policy applies to all of the operations of whatever character which are undertaken by the insured during the performance of this Contract, provided such operations are required in the performance of the Contract. (6) A provision that the policy maybe cancelled only by mailing written notice to the named insured at the address shown in the bid specifications, stating when, not less than ten (10) days thereafter, cancellation •of such policy shall be effective. (7) A provision that written notice shall be given to the Owner ten (10) days prior to any change in or cancel- lation of the policies shown on the certificate. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN, AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES The Contractor agrees that he will indemnify and save the Owner, its officers, the Architect and their agents and employees harmless from all claims growing out of any demands of subcon- tractors, laborers, workmen, mechanics, materialmen and fur- nishers of machinery and parts thereof, equipment, power tools, all suppliers, including commissary, incurred in the furtherance of the performance of this Contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obliga- tions of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then Owner may, during the period for which such indebt- edness shall remain unpaid, withhold from the unpaid portion of this Contract, a sum equal to the amount of such unpaid indebt- edness, or may apply the sum so withheld to discharge any such indebtedness. p^ - 17 - 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or Owner thereof. The Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is speci- fied or required in these Contract Documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harmless from any loss on account thereof. If the material or process specified' or required by Owner is an infringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement. 32. LAWS AND ORDINANCES The Contractor shall at'all.times observe,and comply with all federal, state and local laws, ordinances and regulations which in any manner affect the Contract or the work, and shall .indemnify and save harmless the Owner against any claims arising from the violation of any such 'laws, ordinances and regulations, whether by the.Contractor-or his employees. -If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Architect and, Owner's Representative in writing, and any necessary changes shall be adjusted as provided in'the 'Contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances,rules and regulations, and without such notice to the Owner's Representative, he shall bear all costs .arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling and shall be considered as part of this Contract to the same effect as though embodied herein. 33. TIME FOR COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning and the time for completion of the work as specified in the Contract 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." - 18 - r The Contractor agrees that said work shall be prosecuted ` regularly, diligently and uninterruptedly at such rate of r, 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 comple- tion of the same, taking into consideration the average climatic range and usual industrial conditions prevailing in the locality. If the said Contractor shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree, as a part of the consideration for the awarding of this Contract, to pay to the Owner the amount specified in the Bid Proposal, 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 r` 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 r, to be the amount of damages which the Owner would sustain, and said amount shall be permanently retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence for 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, additional time is allowed for the completion of any'work, the new time limit fixed by such extension shall be of the essence of this Contract. Provided, that the Contractor shall not be charged with liquidated damages or any excess cost when the Owner determines that the Contractor is without fault and the Contrac- tor'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 comple- tion of the work is due: (a) To any preference, priority or allocation order duly issued by the Government. �► (b) To any unforeseeable cause beyond the control and k 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 restric- tions, strikes, freight embargoes or severe weather; r` and 19 - (c) To any delays of subcontractors or suppliers occasioned by;any of the causes specified in subsections.(a) or (b) of this section. 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.t'o the date of final settlement of the Contract, notify the Owner's Representative, in writing, of the causes of the delay, who shall ascertain the facts and extent of the delay and notify the Contractor within a reasonable time of the Owner's decision in the matter. 34. TIME AND ORDER OF COMPLETION It is the meaning and intent of this Contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such time and sessions, in _ such order or precedence, and in such manner as shall be most conducive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as'a'�'wh'ole and in part, in.accordance with this Contract, the plans and specifications, and within the time of completion designated in the proposals; provided, also, that when the Owner is having other work done, either by contract or by his own force, the Owner's Representative may direct the time and manner of construction work done under this Contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative or Architect, sche- dules which shall show the order in which the Contractor pro- poses to carry on the work, with dates at which the Contractor will start the several parts of the work, and estimated dates of completion of the several parts. 35. EXTENSION OF TIME The Contractor agrees that he has submitted his proposal in full recognition of the time required for.the completion"of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has .considered the liquidated'damage provisions of section 33 hereinabove set forth, and that he shall not be entitled to, nor will he request, an extension of time on this Contract, except when his work has been delayed by an act or 'neglect of the Owner, Owner's Representative, the Architect, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the _work, or by strike, walk -outs, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for an extension of time, submitting therewith all written justifica- tions as may be required by the Owner's Representative for such an extension. The Owner's Representative within ten (10) days after receipt of a written request for an extension of time by 20 - I the Contractor, supported by all requested documentation shall then submit such written request to the City Council of the City of Lubbock for its consideration. Should the Contractor disagree with the action of the City Council, such disagreement shall be settled by arbitration as hereinafter provided. 36. HINDRANCE AND DELAYS In executing this Agreement, the Contractor agrees that in undertaking to complete the work within the time herein fixed, he has taken,into consideration and made allowances for all hin- drances and delays incident to such work, whether growing out of delays in securing material or Workmen or otherwise. No charge shall.be.made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this Contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event such expense, as in the judgment of the Owner's r. Representative is caused by such stoppage, shall be paid by Owner to Contractor. 37. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be . allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this Contract is let on a unit price basis, then Owner and Contractor agree that this Contract, including the specifications, drawings and other Contract Documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this Contract, they are approximations and are to be used only as a basis for estimating the probable cost of the work and for comparing their proposals offered for the work. It is understood and agreed that the actual amount of work to be done and the materials to be furnished under this Contract may differ somewhat from these estimates, and that where the basis for payment under this Contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 38. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way en- countered and which may be injured or damaged by any row process of construction to be undertaken under this Agreement, and he shall be liable for any and all claims for such injury or damage on account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the Owner against any claim or claims for damages due to any injury to any adjacent or adjoining property arising or growing out of the performance. of this Contract, but such indemnity shall not apply to any claim of any kind arising out of the existence or character of the work.' 39. PRICE FOR WORK In consideration of furnishing all `necessary labor, equip- ment and material and,the completion of all work by'the Contrac- tor,'and on the delivery of all materials embraced in this Contract in full conformity with the specifications and stipu- lations herein contained, the Owner agrees to pay the Contractor the price set forth in the proposal attached hereto, which has been made a part of.this Contract, and the Contractor hereby _ agrees to receive such price in full for furnishing all labor, equipment and material required for the aforesaid work, and for all expenses incurred.by him, and for well and truly performing the same and the whole thereof in the manner and according to this Agreement, the attached specifications, drawings, Contract Documents and requirements of the Architect and the Owner's Representative. 40. CONSTRUCTION SCHEDULE & PERIODIC ESTIMATES Immediately after execution and delivery of the Contract, and before the first partial payment is made, the Contractor shall deliver to the Owner's Representative=and to the Architect an estimated construction progress schedule in a form satisfac- tory to the Owner's -Representative and Architect, showing the proposed dates of: commencement and completion of each of the various subdivisions of work required under the Contract Docu- ments 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 making partial payments thereon. The costs employed in making up any of these schedules will be used only for determining the basis of partial payments and will not be considered as fixing a basis for additions to or deductions from the Contract price. At least fifteen days before the date for each progress payment established in Section 41 of these General Conditions, the Contractor shall submit to the Architect an itemized Appli- cation for Payment, notarized if required, supported by.such data substantiating the Contractor's right to payment as the Owner or the Architect,may require, and reflecting retainage, if any, as provided elsewhere in the Contract Documents. Unless otherwise provided in the Contract Documents, payments will be made,on account of materials or equipment not incorporated in the work but delivered and suitably stored at the site. - 22 - 7 E The Contractor warrants that title to all work, materials and equipment covered by an application for payment will pass to the Owner either by incorporation in the construction -or upon the receipt of payment by the Contractor, whichever occurs first, free and clear of all liens, claims, security interests or encumbrances, hereinafter referred to as "liens". and that no work, materials or equipmentcovered by an Application for Payment will have been acquired by the Contractor, or by any other person performing work at the site or furnishing materials and equipment for the project, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. The Architect will, within seven days after the receipt of the Contractor's Application for Payment, either issue a Certi- ficate for Payment to the Owner, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor in writing of his reasons for withholding a Certificate. The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's observations at the site and the date comprising the Application for Payment, that the work hasprogressedto the point indicated; that, to the best of his knowledge, information and belief,,the quality of the work is in accordance with the Contract Documents (subject to an evaluation of the work for conformance with the Contract Documents upon Substantial Comple- tion, to the results of any subsequent tests required by or performed under the Contract -Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in his Certificate); and that the Contractor is entitled to payment in the amount certified. However, by issuing a Certificate for Payment, the Architect shall not thereby bedeemed to represent that he has made exhaus- tive or continuous on -site inspections to check the quality or quantity of the work, or that he has reviewed the construction means, methods, techniques, sequences or procedures, or that he has made any examination to ascertain how or for what purpose the Contractor has used the moneys previously paid on account of the Contract Sum. 41. PAYMENTS TO CONTRACTOR After the Architect has issued a Certificate for Payment, and not later than the 25th day of each calendar month, the Owner shall make a progress payment to the Contractor on the basis of a r 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 five percent (5%) of the amount of each estimate until final completion and acceptance of all work covered by this Contract: - 23 - Provided, that the Contractor shall submit his estimate not later than the first day of the month; Provided, further, that the Owner at any time after fifty percent 50%) of the work has been completed, if it finds that satisfactory progress is 'being made, may'make any of the remaining progress payments in full; Pro- vided I further, that on completion and acceptance 'of each separate building, public work or other division of the�Con- tract, on which the price is stated separately in the Contract, payment may be made in full, including retained percentages thereon, less authorized deductions. In preparing estimates, the material delivered on the site and preparatory work done may be taken into consideration. All material and work covered by partial payments made shall thereupon become the sole property of the Owner, but this provision shall not be construed as relieving the Contractor from the sole responsibility ,for the care and protection of materials and work upon which payments have been made, or the restoration of any damaged work,;or as'a waiver -of the right of the Owner to require the fulfillment of all the terms of the Contract. _ Owner's Right To Withhold Certain Amounts and Make Applica- tion Thereof: The Contractoragreesthat he will indemnify and save the Owner harmless from all claims growing out of the lawful demands of subcontractors, laborers, workmen, mechanics, mate- rialmen.and furnishers of machinery and parts thereof, equip- ment, power,.tools and all supplies, includingcommissary, incurred in the furtherance of the performance of'the Contract. The Contractor shall, at the Owner's' request, furnish satisfac- tory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the Contractor.fails so to do, then the Owner may, after having served written notice on the said Contractor, either directly pay unpaid bills of which the Owner -has written notice, or withhold .from the Contractor's unpaid compensation,a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payment to the Contractor shall be resumed in accordance with the terms of this Contract, but in no event shall the 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. No Certificate for a progress payment, nor any progress payment, nor any partial or entire use or occupancy of the project by the Owner, shall constitute an acceptance of any work not in accordance with the Contract Documents. - 24 - F The Contractor shall promptly pay each subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such subcontractor's work, the amount to f- which said subcontractor is entitled, reflecting the percentage actually retained, if any, from payments to the'Contractor on account of such subcontractor's work. The Contractor shall, by an appropriate agreement with each subcontractor, require each subcontractor to make payments to his sub -subcontractors in similar manner. 42. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND SUBCONTRACTORS PM The Contractor and each subcontractor shall prepare their payrolls on forms satisfactory to and in accordance with in- structions to be furnished by the Local Public Agency or Public Body. The Contractor shall submit weekly to the Local Public Agency or Public Body two certified copies of all payrolls of the Contractor and of the subcontractors, it being understood that the Contractor shall be responsible for the submission of copies PM of payrolls of all, subcontractors. Each such payroll shall contain the "Weekly Statement of Compliance" set forth in Section 3.3 of Title 29, Code of Federal Regulations. The payrolls and basic payroll records of the Contractor and each subcontractor r" 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 three (3) years there- after. Such payrolls and basic payroll records shall contain the name and address of each such employee, his correct classifica- tion, rate of pay (including rates of contributions or costs anticipated of the types described in Section 1(b)(2) of the Davis -Bacon -Act), daily and weekly number of hours worked, deductions made and actual wages paid. In addition, whenever the Secretary of Labor has found under Section 5.5(a)(1)(iv) of Title f. 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 their employment records with respect to persons employed by them upon the work l l covered by this Contract available for inspection by authorized representatives of the Secretary of Housing and Urban Develop- ment, 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. r C - 25 - 43. MINIMUM WAGES (See Exhibit B: In excess of $2,000) All laborers and mechanics employed upon the work covered by this Contract shall be paid unconditionally and not less often than once each week, and without subsequent deduction -or rebate on any account (except such payroll deductions as are made mandatory bylaw and such other payroll deductions as are permitted by the applicable regulations 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 included in Exhibit 8) regardless of any contractual relationship which may be alleged to exist between the Contractor or any subcontractor and such laborers and mechanics. All laborers and mechanics employed upon'such work shall be paid in cash, except that payment may be by check if the employer provides or secures satisfactory facilities approved by the Local Public Agency or Public Body for the -cashing of the same without cost or expense to the employee. For the purpose of this clause, contributions made or costs reasonably anticipated under Section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section 5.5(a)(1)(iv) of Title 29, Code of Federal Regulations. Also for the purpose of.this clause, regular contributions made or costs incurred for more than.a weekly period under plans, funds or programs, but covering the particular weekly period, are deemed to be con- structively made or incurred during such weekly period 44. POSTING WAGE -DETERMINATION DECISIONS AND AUTHORIZED`WAGE DEDUCTIONS The applicable wage poster of the Secretary of Labor, United States Department of Labor, and the applicable -wage determination decisions of said, Secretary of Labor with respect to the ,various classification of laborersandmechanics 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 soemployedor to be employed in such classifications, shall be posted at appropriate conspicuous points at the site of the work. 45. EMPLOYMENT OF LABORERS OR.MECHANICS NOT LISTED IN AFORESAID WAGE DETERMINATION DECISIONS Any class of laborers or mechanics which is not listed in the wage determination decisions and which is to be employed under the Contract, will be classified or reclassified conform- ably 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, through the'Secretary of Housing and Urban Development, to the Secretary of Labor, 26 - i F - r r i 7 United States Department of Labor. In the event the interested parties, cannot agree on the proper classification or reclassi- fication 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. 46. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY EMPLOYEES The transportation 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. 47. UNDERPAYMENTS OF WAGES OR SALARIES In case of underpayment of wages by the Contractor or by any subcontractor to laborers or mechanics employed by the Contractor or subcontractor upon the work covered by this Contract, the Local Public Agency or Public Body, in addition to such other rights as may be afforded 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, funds or programs for any type of*fringe benefit prescribed in the applicable determination. 48. ANTICIPATED COSTS OF FRINGE BENEFITS If the Contractor does not make payments to a trustee or other third person, he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably antici- pated in providing fringe benefits under a plan or program of a type expressly listed in the wage determination decisions of the Secretary of Labor, which are -a part of this Contract: Provided, the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act have been meta The Secretary of Labor may require the Contractor to set aside, in a separate account, assets for meeting the obligations under the plan or program. A copy of any findings made by the Secretary of Labor in respect to fringe benefits SI&M 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. A.�..•�.F.RLNDE..BENEF..IIS..NDT .EXPRESSED -..AS .HOURLY WADE RATES The Local Public Agency or Public Body shall require, whenever the minimum 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 the: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, 't•hrough the Secretary of Housing and Urban Development', to the Secretary of Labor for determination. 500 OVERTIME COMPENSATION REQUIRED BY CONTRACT WORK HOURS AND (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 work week in which they are employed on such work to work 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 their -basic rate of pay for all hours worked in excess of 40 hours in such work week. (b) Violation: Liability for unpaid wages and liquidated damages. In the _event .of any violation of the clause set forth in paragraph (a) of this Section, the Contractor and any subcon- tractor 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 violation 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 in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph (a). (c) Withholding -for -liquidated damages. The Local Public Agency or Public Body shall withhold or cause to be withheld from any moneys payable on account of work performed by the Contractor or any subcontractor such sums as may administratively be - 28 - r r, determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for liquidated damages as provided in the clause set forth in paragraph (b) of this Section. r (d) Subcontracts. The Contractor shall insert in any subcontracts the clauses set forth in paragraphs (a), (b) and _ (c) of this Section and also a clause requiring the subcon- tractors to include these clauses in any lower tier subcontract which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. OWN 51. EMPLOYMENT OF APPRENTICES/TRAINEES (a) Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed 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 allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the Contractor as to his entire 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 paragraph (b) of this Section, 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 performs. The Contractor or subcontractor will be required to furnish to the contracting officer, or a representative of the Wage -Hour Division of the U.S. Department of Labor, written evidence of the registration of his program and apprentices, as well as the appropriate ratios and wage rates (expressed in percentages of the journeymen hourly rates), for the area of construction prior to using any appren- tice 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. r (b) Trainees. Except as provided in 29 CFR 5.159 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- ticeship 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 program for his level of progress. Any employee listed on the payroll at F - 29 - a trainee rate who is hot registered and participating in a �- training plan approved by the Bureau of Apprenticeship and Training shall be paid not less than the wage rate determined by the Secretary of Labor for the classification of work he actually performs. The Contractor or' subcontractor will be required to furnish the contracting officer or a representative of the Wage -Hour Division of the U.S. Department of Labor written evidence of the certification of his program, the registration of the trainees and the ratios and wage rates prescribed in that program. In the event the Bureau of Apprenticeship and Training withdraws approval of a training program, the Contractor will no _ longer be permitted to utilize trainees at less than the appli- cable predetermined rate for the work performed until an accept- able program is approved. (c) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 52., EMPLOYMENT 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. 53. REGULATIONS PURSUANT TO SO-CALLED "ANTI -KICKBACK ACT" The Contractor shall comply with the applicable regulations (See Exhibit A, attached and herein incorpo- rated by reference) of the Secretary of Labor, United Stat"es Department of Labor, made pursuant to the so-called "Anti -Kick- back Act" of June 13, 1934 (48 Stat. 948, 62 Stat.'862, 63 Stat. 108, 72 Stat. 967; 62 Stat. 740: Title 18 U.S.C., Section 874 and Title 40 U.S.C., Section 276c) and any amendments or modi- fications thereof, and shall cause appropriate provisions to be inserted in subcontracts to insure compliance therewith by all subcontractors subject thereto, and shall be responsible for the submission of affidavits required by subcontractors thereunder, except as said Secretary of Labor may specifically provide for reasonable,limitations, variations, tolerances and exemptions from the requirements thereof. 54. COMPLAINTS, PROCEEDINGS OR TESTIMONY BY EMPLOYEES No laborer or mechanic to whom the wage, salary or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding,under or relating to the labor standards applicable to his employer under this Contract. - 30 - 55. CLAIMS AND DISPUTES PERTAINING TO WAGE RATES Claims and disputes pertaining to wage rates or to clas- sifications of laborers and mechanics employed upon the work covered by this Contract shall be promptly reported by the Contractor; in writing, to the Local Public Agency or Public Body for referral by the latter through the Secretary of Housing and Urban Development to the Secretary of Labor, United States Department of Labor, whose decision shall be final with respect thereto. 56. QUESTIONS CONCERNING CERTAIN FEDERAL STATUTES AND REGULATIONS All questions arising under this Contract which relate to the application or interpretation of (a) the aforesaid Anti - Kickback Act, (b) the Contract Work Hours and Safety Standards Act, (c) the aforesaid Davis -Bacon Act, (d) the regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to said Acts or.(e) the labor standards pro- visions of any other pertinent Federal statute, shall be re- ferred, 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 r" appropriate ruling or interpretation, which shall be authori- tative and may be relied upon for the purposes of this Contract. r 57. FINAL COMPLETION AND ACCEPTANCE When the Contractor considers that the work, or a designated portion thereof which is acceptable to the Owner, is substan- tially complete as defined, the Contractor shall prepare for submission to the Architect a list of items to be completed or corrected.. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all work in accordance with the Contract Documents. Within thirty-one (31) days after the Contractor has given the Architect written notice that the work has been completed or substantially completed, the Architect and the Owner's Represen- tative shall inspect the work and within said time, if the work be found to be completed or substantially completed in accordance with the Contract Documents, the Architect will then prepare a Certificate of Substantial Completion, which shall establish the 7Date of Substantial Completion, and shall fix the time within which the Contractor shall complete the items listed therein. Warranties required by the Contract Documents shall commence on the Date of Substantial Completion of the Work or designated F", portion thereof, unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Comple- tion shall be submitted to the Owner and the Contractor for their written acceptance of the responsibilities assigned to them in such Certificate. �' - 31 - Upon Substantial Completion -of the Work or designated portion thereof, and upon application by the Contractor and certification by'the'Architect, the Owner shall within ten (10)"days issue 1. a certificate of acceptance of the work to the'Contractor. 58. FINAL PAYMENT Upon receipt of'written notice that the work is ready for final inspection and acceptance, and upon receipt of a final Application for Payment, the.Architect will promptly make such inspection and, when he finds the work acceptable under the Contract Documents, and the Contract fully performed, he will prepare a Final Statement.of the value.of all work performed and materials' furnished under the terms of the Agreementandpromptly issue a final Certificate for Payment,.stating that to the best of his knowledge, information and belief, and on the basis of his observations and inspections,,the work has been completed in accordance with the terms and conditions of the Contract Docu- ments, and that the entire balance found due the Contractor and noted in said final Certificate, is due and payable. The ,Architect's final Certificate'for Payment will constitute a further representation that the conditions precedent to the Contractor's being entitled to final payment, asset forth, have been fulfilled. Upon receipt of the Architect's Certificate of Completion, the Owner's Representative shall, if such Certificate is satis- factory, submit same to the Owner, who shall pay to the Contrac- tor on or before the 31st day after:the date of the Certificate of Completion, the balance due Contractor under the terms of this Agreement, provided he has fully performed his contractual obligations under the terms of said Agreement; and said payment shall become 'due in any event upon said.performance by the. Contractor. Neither the certificate of acceptance, nor the final payment., nor any provisions in the'Contract Documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the special conditions (if any) of this Contract or in the specifications made a part of this Contract. 59. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK The Contractor shall promptly remove from the Owner's - premises all`materials.condemned by the Owner's Representative on account of failure to conform to the Contract, whether actually incorporated in the work or not, and the Contractor shall at his own expense promptly replace such condemned materials with other materials conforming to the requirements of the Contract. The Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If the Contractor does not remove and replace any_such condemned - 32 - r d work within a reasonable time after a written notice by the Owner or the Owner's Representative., Owner may remove and replace it at Contractor's expense. P 60. CORRECTION OF WORK AFTER FINAL PAYMENT f Neither the final payment nor certificate nor any provision in this Contract shall relieve the Contractor of responsibility r' for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work result- ing therefrom which shall appear within a period of one (1) year *l from the date of substantial completion. The Owner or the Owner's Representative shall give notice of observed defects with reasonable promptness. 61. PAYMENT WITHHELD The Architect may decline to certify payment, and may withhold his Certificate in whole or in part,' to the extent reasonably necessary to protect the Owner if, in his opinion, he is unable to make representations to the Owner as provided. If the Architect is unable to make representations to the Owner as provided, and to certify payment in the amount of the Applica- tion, he will notify the Contractor. If the Contract or the Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which he is able to make such representations to the Owner. The Architect may also decline to certify payment or, because of subsequently discovered evidence or subsequent observations, he may nullify the whole or any part of any Certificate for Payment previously issued, or the Owner may withhold or nullify the whole or part of any Certificate of Payment, to such extent as may be necessary to protect the Owner from loss because of: 1. defective work not remedied, 2. third party claims filed or reasonable evidence indicating probable filing of such claims, 3. failure of the Contractor to make payments properly to subcontractors, or for labor, materials or equipment, $. reasonable evidence that the work cannot be completed for the unpaid balance of the Contract Sum, 5. damage to the Owner or another contractor, 6. reasonable evidence that the work will not be completed within the Contract time, 7. persistent failure to carry out the work in accordance with the Contract Documents, or - 33 - B. failure to comply with contractual obligations to meet all"federal requirements concerning labor standards. When the above grounds are removed;°or the Contractor provides a surety bond satisfactory to the Owner which will protect the Owner,in the amount withheld, payment shall be made for amounts withheld because of the above grounds. 62 DELAYED PAYMENT If within seven days after,.receipt of the Contractor's Application for Payment, the Architect does not issue a Certi- ficate for Payment or notify the Contractor that he is unable to "make representations to the Owner, as provided in Section 40 _ herein, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents any amount certified by the Architect or awarded by arbitration, or any sum due to the Contractor which is not in dispute, then the Owner shall pay the Contractor, in addition to the sums shown as due by such statement or Certificate, interest thereon at the rate of zero percent per annum, unlessotherwise specified, from the date due, as provided under partial payments and final payments heretofore set forth in this Contract, until such sums are fully paid, which shall fully liquidate any injury to the Contractor growing out of such delay; in payment. _ 63. TIME OF FILING CLAIMS _ It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen'(15) days after the Architect has given any directions, orders or instructions to which the Contractor desires to take exception. The Owner's Representative shall reply to such written exceptions by the Contractor and render his — final decision in writing. In case the Contractor should appeal from the decision of the Owner's Representative, any demand for arbitration shall be filed with, the Owner's Representative and the Owner in writing within ten (10) days after the date of 'delivery to the'Contractur oV the final decision of the Owner's Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any claim by either party, except where noted otherwise in the Contract Documents. 64. ARBITRATION All questions of dispute under this Agreement shall be submitted to arhitration at the request of either party to the dispute. The parties may,agree upon one arbitrator, otherwise, there shall be three; one named in writing by each party and the third chosen by the two arbiters selected; or if the arbiters fail to select a third arbiter within ten (10) days, he shall be chosen by the District Judge, 72nd District of Texas. Each - 34 - r 4 arbiter shall be party demanding (10) days of the the decision of binding on him. within ten (10) such arbiter. S the arbiters wit the arbiters are Proceedings. a resident of the City of Lubbock. Should the arbitration fail to name an arbiter within ten demand, his right to arbitrate shall lapse, and the Owner's Representative shall be final and Should the other party fail to choose an arbiter days, the Owner's Representative shall appoint hould either party refuse or neglect to supply h any papers or information demanded in writing, empowered by both parties to take Ex Parte The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the Contract, unless either or both parties shall appeal within ten (10) days from date of the award by the arbiters, and it is hereby agreed that each party shall have the right of appeal, and all proceedings shall be according to and governed by the Arbitration Statutes of Texas, being Article 224, et seq., Vernon's Annotated Civil Statutes. THE DECISION Of THE ARBITERS UPON ANY QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT SHALL BE A CON- DITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION. The arbiters, if they deem the case demands it, are autho- rized to award the party whose contention is sustained such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The arbiters shall fix their own compensation, unless otherwise provided by agreement, and shall assess the costs and charges of the arbitration upon either or both parties. The award of the arbiters must be made in writing and shall not be open to objection on account of the form of proceedings or award. 65. ABANDONMENT BY CONTRACTOR In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner's Representative or Architect, or if the Contractor fails to comply with the orders of the Architect, when such orders are consistent with this Contract, or the Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the Contract for work, may be held for use on the work by the Owner or the Surety of the Contractor or another Contractor in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under Section 25 of this - 35 - Contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for, within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the'work and charge the expense of such labor, machinery, equipment, tools, mate- rials and 'supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by,virtue of this Agreement. In case such expense is less than the sum which would have been payable under this Contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum would have been payable under this Contract, if the same had been completed by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the county where the work is located, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this Contract•. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this Contract, such increase shall be charged to the Contractor, and the Surety shall be and remain bound therefore. However, should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this Contract, the Contractor or his Surety shall be credited therewith. . When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and certificates of completion and acceptance, as provided in Section 57 hereinabove set forth, shall be issued. A complete itemized statement of the Contract accounts, certified by the Owner's Representative as being correct, shall then be prepared and delivered to the Contractor and his Surety, whereon the Contractor or his Surety or the Owner, as the case may be, shall pay the balance due, as reflected by said statement, within sixty days after the date of certificate of completion. - 36 - r, In the event the statement of accounts shows that the cost to complete the work is less than that which would have ` been the cost to the Owner had the work been completed by the Contractor under the terms of this Contract, or when the Contractor and/or his Surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, — tools, materials or supplies left on the site of the work r. shall be turned over to the Contractor and/or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall.be mailed to the Contractor and his Surety at the respective addresses designated in this Contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, subject only to the duty of the Owner to exercise ordinary care to protect such r- property. After fifteen (15) days from the date of said notice, the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. .• { Such sale may be made at either public or private sale, with f or without notice, as the Owner may elect. The Owner shall release to the proper owners any machinery, equipment, - tools, materials or supplies which remain on the job site 9 p and belong to persons other than the Contractor of his Surety. 66. ABANDONMENT BY OWNER In case the Owner shall fail to comply with the terms of r' this Contract, and should fail or refuse to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the r., work, and may remove therefrom all machinery, tools and equip- ment, and all materials on the ground that have not been included in payments to the Contractor and have not been incorporated into the work. Thereupon, the Architect shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Con- tractor at the prices stated in the attached proposal, the value .. of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this Contract, and a reasonable sum to cover the cost of any provisions made by the �• Contractor to carry the whole work to completion, and which f cannot be utilized. The Architect shall then make a final statement of the balance due the Contractor by deducting from the .- above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this r - 37 - Agreement, and shall certify same to the Owner's Representative. If the Owner's Representative finds the statement to be satis- factory-, he shall submit it to the.Owner, who shall pay to the Contractor on or before thirty (30) days after the date of the — notification by the Contractor the balance shown by said final statement as due the Contractor under the terms of this Agree- ment. 67. LOSSES FROM NATURAL CAUSES Unless otherwise specified herein, all loss or damage to the — Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circum- stances and the prosecution of the same, or from unusual obstruc- tions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the'Contractor at his own cost,and expense. 68. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an `independent contractor, with full, complete and exclusive power and authority to direct, supervise and control his own employees and to determine the method for performance of the work covered by this Contract. The fact that the Owner's Representative or Architect shall have the right to observe Contractor's work during its performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner, Owner's Representative or Architect hereunder, is not intended to and shall no't at any time change or affect the status of the Ccntractor as an independent contractor with respect to the Owner, Owner's Representative, Architect or the Contractor's own employees, or to any other person, firm or corporation. 69. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work he shall remove all such debris and also his tools, scaffolding'and surplus materials, and shall leave the work broom clean or its equivalent. The work shall be left in good order and condition. In case of didpute,"the Owner may remove the debris and charge the cost to the Contractor. 70. CONTRACTOR'S RIGHT TO TERMINATE The Contractor shall have the right°to terminate the Contract at any time when circumstances beyond the Contractor's control occur, thru no fault of the''Contractor, which prohibit the completion of the Agreement as contemplated by the parties at the time of execution. Should the Contractor choose to terminate this Agreement, he shall accrue no rights to full payment hereunder and- ,shall receive only a pro rays payment for work actually performed, the amount of such payment to be assessed by - 38 - I the Owner. Should the Contractor choose not to terminate, even though cause exists under this provision, liquidated damages as set forth herein shall in no way be affected. 71. 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 the Owner's intention to terminate the Contract, such notices to contain the reasons for such intention, and unless within ten (10) days after the serving of such notice upon the Contractor, such violation or delay shall cease and satisfactory arrangement of correction be made, the Contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, the Owner shall immediately serve notice thereof 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 then (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 at the expense of the Contractor and the Contractor and his Surety shall be liable to the Owner for any excess cost occasioned the Owner thereby, and in such event the Owner may take possession of and utilize in completing the work such materials, appliance and plant as may be on the site of the work and necessary therefor. PM 72. BREACH OF FOREGOING FEDERAL LABOR STANDARDS PROVISIONS 1 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 r� Federal Labor Standards Provisions. A breach of these Federal Labor Standards Provisions may also be grounds for debarment, as provided by the applicable regulations issued by the Secretary of r, Labor. A breach of Section 45 and the Federal Labor Standards Provisions may be grounds for termination of the Contract, and for debarment as provided in 29 CFR 5.6. •` 73. INTEREST OR MEMBER OF OR DELEGATE TO CONGRESS No member of or Delegate to Congress or Resident Commissioner shall be admitted to any share 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. ? 74. OTHER PROHIBITED INTERESTS r. No official of the Owner who is authorized in such capacity I and on behalf of the Owner to negotiate, make, accept or approve, r - 39 - 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 in- directly interested personally in this Contract or in any part hereof. No officer, employee, architect, attorney, engineer or inspector of or for the Owner who is authorized in such capacity and.on behalf of the Owner to exercise any legislative, execu- tive, supervisory or other similar functions in connection the construction of the project shall become directly or indi- rectly interested personally in this Contract or in any part 'thereof, any material supply contract, subcontract, insurance contract or any other contract pertaining to the project. 75. SPECIAL EQUAL OPPORTUNITY PROVISIONS A. Activities and Contracts Not Subject to Executive Order 11246, as Amended. (Applicable to Federally assisted construction con- tracts 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 employ- ment, 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 compensa- tion; 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 the Contracting Officer setting forth the provisions of this nondiscrimination clause. The Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (3) The Contractor shall incorporate the foregoing requirements in all subcontracts. B. Contracts Subject to Executive Order 11246, as Amended. (Applicable to Federally assisted construction contracts and related subcontracts exceeding $10,000) - 40 - 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 for employment are employed, and that employees are treated during employ- ment, without regard to their race, color, religion, sex or nationalorigin. 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 r to employees and applicants for employment, notices to be provided by the Contracting Officer setting forth the provisions of this nondiscrimination clause. out (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, color, ' religion, sex or national origin. (3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representative of the Contractor's commitment under this Section, and shall post copies of the notice in conspicuous places available to 7 employees and applicants for employment. (4) The Contractor will comply with all provisions of �. Executive Order 11246 of September 24, 1965, and the rules, regulations and relevant orders of the Secretary of Labor. (5) The Contractor will furnish all information and prp' reports required by Executive Order 11246 of September 24, I. 1965, and the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his r• books, records and accounts by the Department and the Secreta y of Labor for purposes of investigation to ascer- tain coipliance 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 uch rules, regulations or orders, this Contract may be canc lled, terminated or suspended in whole or in part, and the Contractor may be declared ineligible for further Governor nt contracts or federally assisted construction contrac procedures authorized in Executive Order 11246 of r - 41 - September 24, 19650,or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by laws. (7) The Contractor will include the portion of the sentence immediately preceding paragraph B(1) of -this 'Section, and the provisions of paragraphs(l) through (7) which follow, in every subcontractor purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontractor or purchase order as the Department may direct as a means of enforcing such provisions,.including sanctions for noncom- pliance: 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 such litigation to protect the interest of the United States. C. "Section 3" Compliance in•the Provision of -Training, Employment and Business Opportunities: (Applicable to Federally assisted construction con- tracts and related subcontracts exceeding $10,000) 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 1.70(u)), as amended, the HUD regulations issued pursuant thereto at 24 CFR Part 135, and any applicable rules and orders of HUD issued thereunder. (2) The "Section 3" set forth in 24 CFR 135.20(b) shall form part of this Contract, as 'set forth in Paragraph,1 of the General Conditions, "Contract and Contract Documents." (3) Contractors shallincorporate the "Section 3 clause" shown below and the foregoing requirements in all subcontracts. ,.Section 3 Clause as set forth in 24 CFR 135.20(b) A. The work to be performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the -42- ' 1�1 d greatest extent feasible opportunities for training and i employment be given lower income residents of the project area, and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. B. The parties to this Contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development and set forth in 24 CFR 135.20(b), and all applicable rules and orders of the Department issued thereunder, prior to the execution of this Contract. The parties to this Contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements`. C. The Contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause, and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. D. The Contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to a subcontract upon a finding that a Subcontrac- tor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135.20 (b). The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of regulations under 24 CFR 135.20'(b), and will not let any subcontract unless the subcontractor has first provided said Contractor with a preliminary statement of ability to comply with 'the requirements of these regulations. E. Compliance with the provisions of Section 31 the r regulations set forth in 24 CFR 135.20(b), and all appli- cable rules and orders of the Department issued thereunder prior to the execution of the Contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR 135.20(b). "` - 43 - 76. 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 subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 USC'1857`et seq., and the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended. In addition to the foregoing requirements, all non- exempt contractors and subcontractors shall furnish to the Owner the following: (1) A stipulation by the Contractor or subcon- tractors that any facility to be utilized in the performance of any nonexempt contract or subcontract is not listed on the List of Violating Facilities issued,by.the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20.' (2) An 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 Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 1.14 and Section 308, and all regulations and guidelines issued there- under. (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 contracts, is under consideration to be listed on the EPA List of Violating Facilities. r (4) An agreement by the Contractor that he will include, or cause to be included, the criteria and requirements in paragraphs (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. - 44 - . i` d A P 77. SPECIAL CONDITIONS PERTAINING TO HAZARDS SAFETY STANDARDS i AND ACCIDENT PREVENTION A. Lead -Based Paint Hazards (Applicable to contracts and related subcontracts for construction or rehabilitation of residential structures exceeding $100,000) The construction or rehabilitation of residential structures is subject to the HUD Lead -Based Paint regula- tions, 24 CFR Part 35. The Contractor and subcontractors shall comply with the provisions for the elimination of lead -based paint hazards under sub -part B of said regula- tions. The Owner will be responsible for the inspections and certifications required under Section 35.14(f) thereof. B. Use of Explosives The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. 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 r- explosives. The Contractor shall take all necessary precautions to protect completed work, neighboring property, water lines or other underground structures. Where there is r 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 his 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 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 liabi- lity incurred under these specifications or Contract. 45 - d 3 78. NONDISCRIMINATION AGAINST THE HANDICAPPED - SECTION 504 The Contractor shall not discriminate against any otherwise qualified handicapped employee or.applicant,for employment solely by reason of his handicap. The Contractor shall comply with Section 504 of the -Rehabilitation Act of 1973 (P.L. 93-112) as amended (129 U.S.C.A. §794). a 46 EXHIBITS A. COPELAND ANTI -KICKBACK REGULATIONS S. CURRENT WAGE DETERMINATIONS (THIS PAGE LEFT BLANK INTENTIONALLY) f EXHIBIT A ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS 50-CALLEP "ANTI -KICKBACK ACT" AND REGULATIONS PROMULGATED PURSUANT THERETO BY THE SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR TITLE 18, U.S.C., Section 874 (Replaces Section 1 of the Act of June'13, 1934 (48 Stat. 948, 40 - U.S.C., Sec. 276b) pursuant to the Act of June 25, 1948, 62 Stat. !� 862) KICKBACKS FROM PUBLIC WORKS EMPLOYEES. Whoever, by force, intimidation, or threat of procuring + dismissal from employment, or by any other manner whatsoever induces any person employed in the construction, prosecution, completion or repair of any public building, public work, or building or work financed in whole or in part by loans or grants from the United States, to give up any part of the compensation to which he is entitled under his contract of"employment, shall be fined not more than $5,000 or imprisoned not more than five years, or both. SECTION 2 OF THE ACT OF JUNE 13, 1934, AS AMENDED`(48 Stat. 948, 62 Stat. 862, 63 Stat. 108, 72 Stat. 967, 40 U.S.C., Sec. 276c) The Secretary of Labor shall make reasonable regulations for contractors and subcontractors engaged in the construction, prosecution, completion or repair of public buildings, public _ works or buildings or works financed in whole or in part by loans or grants from the United States, including a provision that each contractor and subcontractor shall furnish weekly a statement with respect to the wages paid each employee during the preceding week. Section 1001 of Title 18 (United States Code) shall apply rto such statements. XXX-- Pursuant to the aforesaid Anti -Kickback Act, the Secretary of labor, United States Department of Labor, has promulgated the �. regulations hereinafter set forth, which regulations are found in Title 29, Subtitle A, Code of Federal Regulations, Part 3. The term "this pant," as used in the regulations hereinafter set forth, refers to Part 3 last above mentioned. Said regulations are a follows: f TITLE 29 - LABOR Subtitle A — Office of the Secretary of Labor PART 3 - CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR r PUBLIC WORK FINANCED IN WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES e Section 3.1 Purpose and scope. This part prescribes "anti -kickback" regulations under Section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c), popularly known as the Copeland Act. This part applies to any contract which is subject to Federal wage standards and which is for the construction, prosecution, completion, 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. The part is intended to aid in the enforcement of the minimum wage provisions of the Davis -Bacon Act and the various statutes dealing with Federally -assisted 'construction that contain similar minimum wage provisions, including those provisions which are not subject to Reorganization Plan No. 14 (e.g., the College Housing Act of 1950, the Federal Water Pollution Control Act, and the Housing Act of 1959), and in the enforcement of the overtime provisions of the Contract Work Hours Standards Act whenever they are applicable to construction work. The part details the obligation of contractors and subcontractors relative to the weekly submission of statements regarding the wages paid on work covered thereby; sets forth the circumstances and procedures governing the making of payroll deductions from the wages of those employed on such work; and delineates the methods of payment permissible on such work. Section-3.2 Definitions. As used in the regulations in this part: (a) The terms "building" or "work" generally includes construction activity as distinguished from manufacturing, furnishing of materials, or servicing and maintenance work. The terms include, without limitation, buildings, structures, and improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, railways, airports, terminals, docks, piers, wharves, ways, lighthouses,'buoys, jetties, breakwaters, levees, and canals; dredging, shoring, scaffolding, drilling, blasting, excavating, clearing, and landscaping. Unless conducted in connection with and at the site of such a building or work as is described in the foregoing sentence, the manufacture or furnishing of materials, articles, supplies, or equipment (whether or not a Federal or State agency acquires title to such materials, articles, supplies, or equipment during the course of the manufacture or furnishing, or owns the mate- rials from which they are manufactured or furnished) is not a "building" or "work" within the meaning of the regulations in this part. (b) The terms "conditions",'"prosecution", "completion", or "repair" mean all types of work done on'a particular building or work at the site thereof, including, without limitation, alter- ing, remodeling, painting and decorating, the transporting of materials and supplies to or from the buildinq or work by the 4 employees of the construction contractor or construction sub- contractor, and the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the building or work, by persons employed at the site by the contractor or ,�. subcontractor. (c) The terms "public building" or "public work" include building or work for whose construction, prosecution, completion, or repair, as defined above, a Federal agency is a contracting party, regardless of whether title thereof is in a federal agency. (d) The term "building or work financed in whole or in part by loans or grants from the United States" includes building or work for whose construction, prosecution, completion, or repair, as defined above, payment or part payment is made directly or indirectly from funds provided by loans or grants by a Federal agency. The term does not include building or work for which Federal assistance is limited solely to loan guarantees or insurance. r (e) Every person paid by a contractor or subcontractor in any manner for his labor in the construction, prosecution, completion, or repair of a public building or public work or building or work financed in whole or in part by loans or grants •- from the United States is "employed" or receiving "wages", regardless of any contractual relationship alleged to exist between him and the real employer. • (f) The term "any affiliated person" includes a spouse, child, parent, or other close relative of the contractor or subcontractor, a partner or officer of the contractor or sub- r contractor, a corporation closely connected with the contractor or subcontractor as parent, subsidiary or otherwise, and an officer or agent of such corporation. r (g) The term "Federal agency" means the United States, the District of Columbia, and all executive departments, independent establishments, administrative agencies, and instrumentalities of ^` the United States and of the District of Columbia, including corporations, all or substantially all of the stock of which is beneficially owned by the United States, by the District of Columbia, or any of the foregoing departments, establishments, agencies, and instrumentalities. Section 3.3 Weekly statement with respect to payment of wages. (a) As used in this section, the term "employee" shall not apply to persons in classifications higher than that of laborer or mechanic and those who are the immediate supervisors of such employees. (b) Each contractor or subcontractor engaged in the construction, prosecution, completion, or repair of any public building or public work, or building or work financed in whole or in part by loans -or grants from the United States, shall furnish each week a statement with respect to the wages paid _each of its employees engaged on work covered by 29 CFR Parts 3 and 5 during _ the preceding weekly payroll period. This statement shall be executed by the contractor or subcontractor or by an authorized officer or employee of the contractor or subcontractor who supervises the payment of wages, and shall be on form WH 348 "Statement of Compliance", or on an identical form on the back of WH 347, "Payroll (For Contractors Optional Use)" or on any form with identical wording. Sample copies of WH 347 and WH 348 may be obtained from the Government contracting or, sponsoring agency, and copies of these forms may be purchased at the Government Printing Office. (c)- The requirements of this section shall not apply to any contract of $2,000 or less. (d) Upon a written finding by the head of a Federal agency, the Secretary of Labor may provide reasonable limitations, _ variations, tolerances, and exemptions from the,requirements of this section subject to such conditions as the Secretary. of Labor may specify. .(29 F.R. 95, Jan: 4, 1964, 'as amended at 33 F.R. 10186, July 17, 1968^ Section 3.4 Submission of weekly statements and the preservation and inspection of weekly payroll records. (a) Each weekly statement re,quk e'd,under Section 3.3 shall be delivered by 'the contractor or subcontractor, with -in even days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at site of the building or work, or, if there is no representative of a Federal or State agency at the site of the building or work, the statement shall be mailed by the contractor or subcontractor, within such time, to a Federal or state agency contracting for or financing the building or work. After 'such examination and check as may be made, such statement, or a copy thereof, shall be kept available, or shall be transmitted together with a report of any violation, in accordance with applicable procedures prescribed by the United States Department of Labor. (b) Each contractor or subcontractor shall preserve -his weekly payroll records for a period°of three years from date of completion of the contract. The payroll records shall set out ,accurately and completely the name and address of each°laborer and mechanic, his correct classification, rate of pay, daily and weekly number of hours worked, deductions made, and actual wages paid. Such payroll records shall be made available at all times for inspection by the contracting officer or his authorized representatives of the Department of Labor. f Section 3.5 Payroll deductions permissible without application to or approval of the Secretary of Labor. Deductions made under the circumstances or in the situations described in the paragraphs of this 'section may be made without _ application to and approval of the Secretary of Labor: (a) Any deduction made in compliance with the requirements of Federal, State, or local law, suchasFederal or State withholding income taxes and federal social security taxes. (b) Any deduction of sums previously paid to the employee as a bona fide prepayment of wages when such prepayment is made without discount or interest. A "bona fide prepayment of wages" is considered to have been made only when cash or its equivalent has been advanced to the person employed in such manner as to give him complete freedom of disposition of the advanced funds. (c) Any deduction of amounts required by court process to be paid to another, unless the deduction is in favor of the contractor, subcontractor or any affiliated person, or when collusion or collaboration exists. (d) Any deductions constituting a contribution on behalf of the person employed to funds established by the employer or representatives of employees, or both, for the purpose of providing either from principal or income, or both, medical or hospital care, pensions or annuities on retirement, death benefits, compensation for injuries, illness, accidents, sick- ness, or disability, or for insurance to provide any of the foregoing, or unemployment benefits, vacation pay, savings accounts, or similar payments for the benefit of employees, their families and dependents: Provided, however, that the following standards are met: (1) The deduction is not otherwise prohibited by law; (2) it is either: (i) Voluntarily consented to by the employee in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of or for the continuation of employment, or (ii) provided for in a bona fide collective bargaining agreement between the contractor or subcontractor and representatives of its employees; (3) no profit or other benefit is otherwise obtained, directly or indirectly, by the contractor or subcon- tractor or any affiliated person in the form of commission, dividend,.or otherwise; and (4) the deductions shall serve the convenience and interest of the employee. (e) Any deductioncontributingtoward the purchase of United States Defense Stamps and Bonds when voluntarily autho- rized by the employee. (f) Any deduction requested by the employee to enable him to repay loans to or to purchase'shares in,credit•unions orga- nized and operated in accordance with Federal and State credit union statutes. _ (g) Any deduction voluntarily authorized by the employee for the making of contributions to.governmental or quasi - governmental agencies, such as the American Red Cross. . (h) Any deduction voluntarily authorized.'by the employee for -the making of contributions to Community Chests, United Givers Funds, and similar charitable organizations. (i) Any;.deductions to pay regular union initiation fees and membership dues, not including fines or special assessments: Provided, however, that a collective bargaining agreement between the contractor or subcontractor and representatives of its employees provides for such deductions and the deductions are not _ otherwise prohibited by law. (j) Any deduction not more than for the "reasonable cost" of board,.lodging, or other facilities meeting.the requirements of section 3(m) of the Fair Labor Standards -Act of 1938, as amended, and Part 531 of this title. When such a deduction is made the additional records required under Section 516.27(a) of this title shall be kept. Section 3.6 Payroll deductions permissible with the approval of the Secretary of Labor. Any contractor or,subcontractor may apply to the Secretary of Labor for permission to make any deduction not permitted under Section,3.5. The Secretary may grant permission whenever he finds that: (a) The contractor, subcontractor, or any affiliated person does not make a profit or benefit directly or indirectly from the deduction either in the form of a commission, dividend, or otherwise; _ (b) The deduction is not otherwise prohibited by law; (c) The deduction is either (1) voluntarily consented to by the employee in writing,and in advance: of the period in which the work is to be done and such consent,is not "a condition either for the obtaining of employment or its continuance, or (2)-provided for in a bona fide collective bargaining agreement between the contractor or subcontractor.and,representatives of�its employees; and (d) The deduction serves the convenience and interest of the employee. Section 3.7 Applications for the approval of the Secretary of Labor. Any application for the making of payroll deductions under r Section 3.6 shall comply with the requirements prescribed in the following paragraphs of this section: i" (a) The application shall be in writing and shall be E addressed to the Secretary of Labor. r, (b) The application shall identify the contract or con- tracts under which the work in question is to be performed. Permission will be given for deductions only on specific, identified contracts, except upon a showing of exceptional r circumstances. (c) The application shall state affirmatively that there is compliance with the standards set forth in the provisions of Section 3.6. The affirmation shall be accompanied by a full statement of the facts indicating such compliance. (d) The application shall include a description of the + proposed deduction, the purpose to be served thereby, and the classes of laborers or mechanics from whose wages the proposed r• deduction would be made. (e) The application shall state the name and business of any third person to whom any funds obtained from the proposed deductions are to be transmitted and the affiliation of such person, if any, with the applicant. Section 3.8 Action by the Secretary of Labor upon applications. The Secretary of Labor shall decide whether or not the requested deduction is permissible under provisions of Section 3.6; and shall notify the applicant in writing of his decision. Section 3.9 Prohibited payroll deductions. Deductions not elsewhere for by this part and which are not found to be permissible under Section 3.6 are prohibited. Section 3.10 Methods of payment of wages. The payment of wages shall be by cash, negotiable instru- ments payable on demand, or the additional forms of compensation for which deductions are permissible under this part. No other methods of payment shall be recognized on work subject to the Copeland Act. i. , Section 3.11 Regulations part of contract. All contracts made with respect to the construction, prosecution, completion, or repair of any public building or public work or building or work financed in whole or in part by loans or, grants from the United States covered by the regulations in this part shall expressly bind the contractor or subcontractor to comply with such of the regulations in this part as may be applicable. In ,this regard, see Section 5.5 (a) of this sub- title. t i EXHIBIT B WAGE DETERMINATIONS (Obtain from Community Development Office) Subject to Change 10 Days Prior to Bid Opening (THIS PAGE LEFT BLANK INTENTIONALLY) I U. S. Department of Housing and Urban Development Fort Worth Office, Region VI 1600 Throckmorton P.O. Box 2905 Fort Worth. Texas 76113-2905 Mr. Chris Hooper City of Lubbock Po Box 2000 Lubbock, TX 79457 Dear Mr. Hooper: Subject: HUD Project Number B-91-MC-48-0022 Installation of Sidewalk in the Arnett Benson Neighborhood Lubbock (Lubbock County), TX Enclosed is wage decision number TX91-28/421 (general wage decision), FM which currently includes one (1) modification, and is applicable to construction of the project cited above. General Wage Decisions have no expiration date; however, they are subject to modification and/or supersedeas action by the U. S. Department of Labor. It is important that each wage r decision be verified as current by calling this office at (817) 885-5829 ten (10) days prior to bid opening. Any supersedeas decision or modification announced in the Federal Register ten (10) days prior to bid opening will be applicable to the subject project. If the contract has not been awarded within ninety (90) days after bid opening, any modifications announced prior to award of that contract will be effective. r The applicable wage decision, including modifications, must be made a part of the bid documents (if any) or invitations for proposals, and made a part of every subsequent contract and subcontract for construction work on the project. The wage rates contained therein shall be the minimum wage rates to be paid under such contracts by contractors and subcontractors on the job. The Federal Labor Standards Provisions (HUD-4010) must also be included in all contracts, subcontracts, and any lower -tier subcontracts. We are enclosing a HUD-4010 form for your use. It is the Prime Contractor's responsibility to ensure inclusion of wage rates and labor standards provisions in all subcontracts. The recipient must hold a preconstruction conference with the principal contractor and all available subcontractors prior to start of construction, at which time they shall be advised of their responsibilities and obligations regarding the Federal Labor Standards Provisions and the wage decision contained in the contract documents. A, copy of the Preconstruction Minutes must be kept in the City's files. Enclosed is a poster which is required to be posted in a prominent place on the job site, readily accessible to the workers, along with a copy of the - wage decision. 7 OW 2 We are also enclosing a Start Work Notice form which you should complete and return as notification when construction begins on the project. DBUD, Labor Relations, 6SL 1600 Throckmorton PO Box 2905 Fort Worth, TX 76113-2905 If you need additional information, please feel free to contact our Labor Relations staff at (817) 885-5829. Sincerely, Jabo as E. er on r Relations Officer Enclosures -- r" Federal Labor Standards Provisions U.S. Department, of Housing and Urban Development Applicability c The Project or Program to which the construction work covered by this HUD or its designee shall refer the questions, including the views of all contract pertains is being assisted by the United States of America ano the interested parties and the recommendation of HUD or its oesignee. to the following Federal Labor Standards Provisions are included in this Contract Administrator for determination. The Administrator, or an authorized repre- ' pursuant to the provisions applicable to such Federal assistance. sentative, will issue a determination within 30 days of receipt and so advise A. 1. (1) Minimum Wages. Ali laborers and mechanics -employed or work- HUD or its designee or will notify HUD or its designee within the 30-day ing upon the site of the work (or under the United States Housing Act of period that additional time is necessary. (Approved by the Office of Man- 1937 or under the Housing Act of 1949 in the construction or development agement and Budget under OMB Control Number 1215-0140.) j of the project), will be paid unconditionally and not less often than once a (d) The wage rate (including fringe benefits where appropriate) week, and without subsequent ded4caon or rebate on any account (except determined pursuant to subparagraphs I IXb) or (c) of this paragraph, shall such payroll deductions as are permitted by regulations issued by the be paid to all workers performing work in the classification under this con - Secretary of Labor under the Copeland Act r29 CFR Pan 3). the full amount tract from the first day on which work is performed in the classification. t ofwages and bona fide fringe benefits for cash equivalents thereof) due at (iii) Whenever the minimum wage rate prescribed in the contract for a time of payment computed at rates not less than those contained in the class of laborers or mechanics includes a fringe benefit which is not wage determination of the Secretary of Labor which is attached hereto and expressed as an hourly rate. the contractor shall either pay the benefit as made a part hereof, regardless of any contractural relationship which may stated in the wage determination or snail pay another bona fide fringe be alleged to exist between the contractor and such laborers and benefit or an hourly cash equivalent thereof. mechanics Contributions made or costs reasonably anticipated for bona (Iv) If the contractor does not make payments to a trustee or other third fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf person, the contractor may consider as part of the wages of any laborer Cr of laborers or mechanics are considered wages paid to such laborers or mechanic the amount of any costs reasonably anticipated in providing V i mechanics, subject to the provisions of 29 CFR5.5(aXl Kiv); also, regular bona fide fringe benefits under a plan or program, Provided That the contributions made or costs incurred for more than a weekly period (but Secretary of Labor has found, upon the written request of the contractor, not less often than quarterly) under plans, tunas. or programs, which cover that the applicable standards of the! Davis -Bacon Act have been met The the particular weekly period, are deemed to be constructively made or Secretary of Labor may require the contractor to set aside in a separate incurred during such weekly penod. account assets for the meeting of obligations under the plan or program. Such laborers and mechanics snail be paid the appropriate wage rate (Approved by the Office of Management and Budget under OM8 Control and fringe benefits on the wage determination for the classification of work Number 1215-0140.) actually performed, without regard to skill, except as provided in 29 CFR 2. Withholding. HUD or its designee shall upon its own action or upon Part 5.5(a)(4). Laborers or mechanics performing work in more than one written request of an authorized representative of the Department of Labor t. classification may be compensated at the rate soecified for each classifiea- withhold or cause to be withheld from the contractor under this contract or lion for the time actually worked therein: Provided, That the employer's pay- any other Federal contract with the same prime contractor, or any other roll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the ( classification and wage rates conformed under 29 CFR Part 5.5(a►(11(ii) and accrued payments or advances as may be considered necessary to pay the Davis -Bacon poster (WH-1321) shall be posted at all times by the con- laborers and mechanics, including apprentices, trainees and helpers. tractor and its subcontractori at the site of the work in a prominent and accessible place where it can be easily seen by the workers employed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or ` (ii) (a) Any class of laborers or mechanics which is not listed in the mechanic, including any apprentice. trainee or helper, employed or working wage determination and which is to be employed under the contract shall on the site of the work (or under the United States Housing Act of 1937 or be classified in conformance with the wage determination. HUD shall under the Housing Act of 1949 in the construction or development of the approve an additional classification and wage rate and fringe benefits project). all or part of the wages required by the contract HUD or its desig- therefore only when the following criteria have been met nee may, after written notice to the contractor, sponsor, applicant. or owner. (1) The work to be performed by the classification requested is not take such action as may be necessary to cause the suspension of any performed by a classification in the wage determination: and further payment advance. or guarantee of funds until such violations have r (2) The classification is utilized in t±e area by the construction ceased. HUD or its designee may, after written notice to the contractor, dis- industry, and burse such amounts withheld for and on account of the contractor or sub- t , (3) The proposed wage rate. including any bona fide fringe bene- contractor to the respective employees to whom they are due. The Comp - fits, bears a reasonable relationship to the wage rates contained in the troller General shall make such disbursements in the case of direct wage determination. Davis -Bacon Act contracts. - 1 (b) If the contractor and the laborers and mechanics :o be employed 3. (1) Payrolls and basic records. Payrolls and basic records relating in the classification pf known), or their representatives, and HUD or its thereto shall be maintained by the contractor during the course of the work designee agree on the classification and wade rate lmelumng the amount preserved for a period of three years thereafter for all laborers and designated for fringe benefits where appropriate), a report of m n r]t •: mechanics workingat the site of the work or under the United States taken shall be sent by HUD or its designee to the Administrator ot)6e VWge' -+ Housing Act of 1937. or under the Housing Act of 1949. in the construction and Hour Division. Employment Standards Aamiristration, US. pepartment or development of the prolecti. Such records shall contain the name. of Labor. Washington. D.C. 20210. The Administrator. or an a:,thorized address. and social secirity number of eacn such woruer, his or her Cor- ti representative, will approve, modify, or disapprove every add-uonal classifi- rect classification, hourly rates of wages paid (including rates of contribu- cation action within 30 days of receipt and so abvise H&rr. its(p sipnee or will nottfy HUD or its designee within the 30-day pei at atiddlon4 Z bons or costs anticipated for bona fide fringe benefits or cash equivalents N jhprep,f of the types described in Section t(b)(2)(8) of the Davis-b: con Act), time is necessary. (Approved by the Office of Management and Budget daily and weekly number of hours worked, deductions made and actual f ^ under OMB control number 1215-0140.) wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (c) In the event the contractor, the laborers or mg ,@ ip, _to be (a)(1)(iv) that the wages of any laborer or mechanic include the amount of employed in the classification or their representatives.d HUG[ or its � any costs reasonably anticipated in providing benefits under a plan or pro - designee do not agree on the proposed classification and wage rate grant described in Section 1(b)(2)(B) of the Davis -Bacon Act the contractor (including the amount designated for fringe benefits, where appropriate). shall maintain records which show trial the commitment to prc,+de such Previous Edition is Obsolete HUD 401t: 1.2 84) 416 1-1•14 t) benefits is enforceable. that the plan or program is financially responsible, and that the plan or :;regram nas been communicated in writing to the iaoorers or mechanics arfecieo, and records which show the costs antict- patea or the actual cast incurred in providing such benefits. Contractors emcioping apprentices or trainees under approved programs shall maintain enCer, evidence et ire registration of apprenticeship programs and cemfi- cation of trainee brc3rams. the registration of the apprentices ano trawees. ano the ratios ano � .ige rates prescribed in the applicable programs. -Approved by me C:t;ce of Management and Budget under OMB Control Numcefs 1-215-01a0 and 1215-0017.) (ii) (a) The contractor snail submit weekly for each week in which any contract worts is berlCrmed a copy of all payrolls to HUD or its designee if the agency is a pa:-, to the contract but if the agency is not such a party, the ;cntraCtor wall suomit the payrolls to the applicant sponsor. or owner, as me case tray ca. for transmission to HUD or its designee. The payrolls suemrtted snail set ot,: accurately and completely all of the information rect,.red io be maintained under 29 CFR Pan 5.5(a)(3xi). This information mar Ce suornmed ,r any form desired. Optional Form WH-347 is available for this purpose ana may be purchased from the Superintendent of Docu- ments -Feaerat Stcck Number 029-005-00014-1). U.S. Government Printing Ctf,ce, Wasninglon. OC. 20402. The prime contractor is responsible for the submission of rdC,es of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215 J149.) tb) Each payroll submitted shall be accompanied by a 'Statement of Comb„ante.- ;.gr._d by the contractor or subcontractor or his or her agent wino oays or s::per:.ses the payment of the persons employed under the con3act and small cemfy the following: (1) That ttte payroll for the payroll period contains the information reautred to be maicaired under 29 CFR Part 5.5 (a)(3)(i) and that such informauon is correct and complete; (2) That eac-i iaborer or mechanic (including each helper, aoprentice. ana traineel employed on the contract during the payroll period ras oeer pad t" :wl weekly wages earned, without rebate, either directly or ire•rej ana ft.at no deductions have been made either directly or indi- re,"ty from the %il .ages earned, other than permissable deductions as set fora: in 29 CF9 Fart 3: (3) That eacn taborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the cfas- sication of wont performed, as specified in the applicable wage determine - Von incorpc,ra:e Y +- a the contract (cl The weekly submission of a properly executed certification set fora on mu reverse s:ae of Optional Form WH-347 shall satisfy the re,wrement fat sLD r;ssion of the "Statement of Compliance" required by paraorapn A-3.riii(t• of this section. (d) The talc f cation of any of the above certifications may subject the contractor :r s.:= _-n-ractor to cml or criminal prosecution under Section 1001 ;f T-ee 1e an: Section 231 of Title 31 of the United States Code. (ii) I ne c�;rtr _:mr or subcontractor shall make the records required unaer oaragraon it 3.0) of this section available for inspection. copying, or transcriocon by 3_:-onzeo representatives of HUD or its designee or the Dep3^nert of :3C:r. and shall permit such representatives to interview emoio.ees dur-r•g �orMing hours on the job. It the contractor or subcon- trartcr fads .o sivT t the required records or to make them available, HUD or !ts aet�.cree mE, otter written notice to the contractor, sponsor, appli- carL :r c"tier :a- : sucn action as may be necessary to cause the sus- pen<_i,;n of an :ur-dr payment advance, or guarantee of funds. Further- more railure to 3uz.-lit the required records upon request or to make such recores a.aiiacie -av be grounds for debarment action pursuant to 29 CFR Fart 5.12 4, to Apafentict : and Trainees. Apprentices. Apprentices will be per- m-r-a t0 %cir, at - 3 :Hart the precetermined rate for the work they per -reran rzy are employed pursuant to and individually registered in a bona *,tie aoprentcesnip program registered with the U.S. Department of Labor. Ermm�oyrne! * ana Training Administration, Bureau of Apprenticeship and Training, or w m a State Apprenticeship Agency recognized by the Bureau. or if a person is employed in his or her first 90 days of probationary emetoyment as an apprentice in such an apprenticeship program, who is not incivieually rec,sierea in the program, but who has been certified by the Bureau of Apprent :esnip and Training or a State Apprenticeship Agency (where appropriate, to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the lob site in any craft classification snail not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicao.e ti1rje rate on the wag-. ue:e:rr.ravcn for the ciass,ficat;dr of worx actua;.y pert;.)rmt•a. ;, accicon. am izprr;n ;ce ;;eirormir%g wore. on the ioo site in excess of the r3110 penrottea under the registerea program snail be paid not less than the applicable wage rate on the wage determi- nation for the work actually performed. Where a contractor is performing construction on a project in locality Other than that in whicn its program is registered. the ratios and wage rates texpressed in percentages of the jour- neyman's hourly ratel specified in the contractors or subcontractors regis- tered program shall be observed. Every apprenctice must to paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticesnip program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amcunt of fringe benefits listed on the wage determination for the applicable c%ssificaricn. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Appren- 6ceship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work per- formed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certifi- cation by the U.S. Department of Labor. Employment and Training Admirii- stration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress. expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee pro- gram does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be pa-d not less than the applicable wage rate on the wage determination for the work actually performed. In addition. any trainee performing work on the lob site in excess of the ratio permitted under me registered program snag be paid not less than the applicable wage rate on file wage determination for the work actually performed. In the event the Employment and Training Admin- istration withdraws approval of a training progr3m, the contractor w,ll no longer be permitted to utilize trainees at less than the applicable predeter- mired rate for the work pertormea until an acceptable program is approves. (Ili) Equal employment opportunity. The utilization of apprentices, trainees and journeymen unaer this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246. as amended, and 29 CFR Fart30, 5. Compliance with C.lpeland Act requirements. The contractor shall comply with the requirements of 29 CFR Pail 3 whicn are incorporated by reference in this contract 6. Subcontracts. The contractor or subcontractor will insert in any sub- contracts the clauses contained in 29 CFR 5.5(a)(1) through 00) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor s`iall be responsible for the compliance by any subcontractor or lower tier subcon- tractor with all the contract clauses in 29 CFR Part 5.5, HUD-4010 (2 84) i. tr f r 7. Contracte termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debar- ment as a contractor and a subcontractor as providea in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act Requirements. All rul- ings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFA Pans 1. 3. ara 5 are nere:n incorporated by reference In this corWict S. Disputes concerning labor standards. Disputes arising out of the labor standaras provisions of this contract shall not be subject to the general disputes clause of this contract. Sucn disputes shall be resolved in accor- dance with the proceaures of the Department of Labor set forth in 29 CFR Parts 5. 6, and 7. Disputes within the meaning of this clause include dis- putes between the contractor (or any of its subcontractors) and HUD or its designee. the U.S. Department of tabor, or the employees or their representatives. 10. (i) Certification of Eligibility. 8y entering into this contract the con- tractor certifies that neither it Inor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis - Bacon Act or 29 CFR 5.12(af(1) or to be awarded HUD contracts or partici- pate in HUD programs pursuant to 24 CFR Part 24. Oil No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a}(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. Qii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Crimnal Code, Section 1010, Title 18, U.S.C., "Federal Housing Administration transactions", pro- vides in part 'Whoever, for the purpose of...influencing in any way the action of such Administration... makes, utters or publishes any statement, knowing the same to be false... shall be fined not more than S5,0D0 or imprisoned not more than two years. or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. 6 Contract Work Hours and Safety Standards Act As used in this para- graph. the terms "laborers" and "mechanics" include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employ- ment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours In such workweek unless such laborer or mechanic receives com- pensation at a rate not less than one and one -hall times the basic rate of pay for all hours worked in excess o1 eight hours in any calendar day or in excess of forty hours in such workweek, whir-hever is greater. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth In subparagraph (1) of this paragrapn. the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages- In addition, such contractor ana Subcon- tractor shalt be liable to the Unitea States tin the case of work done under contract for the District of Columbia or a territory. to such District or to such territory), for liquidated damages. Sucn liquidated damages shall be com- pulea with respect to each individual laborer or mechanic. Including watchmen and guards, employed in violation of the clause set forth in sub- paragraph (1) of this paragraph, in the sum of S10 for each calendar day on which such individual was required or permitted to work In excess of eight hours or in excess of the standard workweek of forty hours without pay- ment of the overtime wages required by the clause set forth in subpara- graph (1) of this paragraph. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an autho- rized representative of the Department of tabor withhold or cause to Cie withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract or any other Federally -assisted con- tract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontrac- tor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety (1) No laborer or mechanic shall be required to work in surroundings Or under working conditions which are unsanitary, hazardous, or danger- ous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Con- tract Work Hours and Safety Standards Act (Public law 91-54, 83 Stat. 96). (3) The Contractor shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of tabor shall direct as a means of enforcing such provisions. tr— HUD-4010 (2-84) No Text r r General Decision Number TX910028/0_f Superseded General Decision No. TX90002o State: TEXAS t Construction Type: l Highway t County(ies): ECTOR MIDLAND RANDALL TOM GREEN LUBBOCK POTTER TAYLOR r HEAVY (excluding tunnels & dams) and HIGHWAY PROJECTS (does not + include building structures in rest area projects). Modification Number Publication Date 1 12/13/1991 k -� 0 C 40 : £.d 1� N6t t . a COUNTY(ies): ECTOR MIDLAND RANDALL TOM GREEN LUBBOCK POTTER TAYLOR Craft Group Name: Craft/Rate Text Block: SUTX2037A 1 11/13/1991 Basic Fringe Hourly Benefits -- Rate ASPHALT HEATER OPERATOR $7.467 ASPHALT RAKER 7.267 ASPHALT SHOVELER 6.400 BATCHING PLANT WEIGHER _ 9.799 CARPENTER 8.153 CARPENTER HELPER 6.881 CONCRETE FINISHER -PAVING 7.496 CONCRETE FINISHER HELPER PAVING 6.500 CONCRETE FINISHER STRUCTURES 8.148 CONCRETE FINISHER HELPER STRUCTURES 6.987 ELECTRICIAN 10.000 r- ELECTRICIAN HELPER 9.500 FLAGGER 5.500 FORM BUILDER -STRUCTURES 8.021 FORM BUILDER HELPER STRUCTURES 7.000 FORM SETTER - PAVING & CURB 8.300 - FORM SETTER HELPER -PAVING & CURB 6.307 TX910028 - 2 f 6 (i • -FORM SETTER —STRUCTURES 7.839 C FORM SETTER HELPER STRUCTURES 6.479 LABORER —COMMON 6.018 -. LABORER UTILITY 7.102 MECHANIC 10.282 a MECHANIC HELPER 8.000 t r OILER 8.233 SERVICER 7.823 PIPE LAYER 7.000 PIPE LAYER HELPER 6.250 ASPHALT DISTRIBUTOR OPERATOR 7.972 ASPHALT PAVING MACHINE 8.187 +, BROOM OR SWEEPER OPERATOR 6.411 BULLDOZER 7.963 CONCRETE PAVING CURING MACHINE 9.100 CONCRETE PAVING FINISHING MACHINE 8.075 ►w CONCRETE PAVING JOINT SEALER 7.750 CONCRETE PAVING SAW 10.063 r CONCRETE PAVING SPREADER 9.100 r i RRTNFORCTNa STEEL MACHINE 6.500 SLIPFORM MACHINE OPERATOR 9.000 CRANE, CLAMSHELL, BACKHOE DERRICK, DRAGLINE, SHOVEL LESS THAN 1 1/2 C.Y. 8.574 f" E CRANE, CLAMSHELL, BACKHOE DERRICK, DRAGLINE, SHOVEL 1 1/2 C.Y. & OVER �� i^ ;- �1Q.043 CRUSHER OR SCREENING PLANT a OPERATOR 7.500 FOUNDATION DRILL OPERATOR nn � U � � lZ CV CRAAILER MOUNTED 9.006 TX91 $Z ` 3 , r FOUNDATION DRILL OPERATOR TRUCK MOUNTED 10.750 FOUNDATION DRILL OPERATOR HELPER 7.050 FRONT END LOADER - 2 1/2 C.Y. & LESS 7.498 FRONT END LOADER - OVER 2 1/2 C.Y. 7.669 HOIST - DOUBLE DRUM 8.100 MOTOR GRADER OPERATOR FINE GRADE 10.343 MOTOR GRADER 9.835 PAVEMENT MARKING MACHINE 9.150 PLANER OPERATOR 10.458 ROLLER, STEEL WHEEL PLANT MIX PAVEMENTS 6.828 ROLLER, STEEL WHEEL OTHER, FLATWHEEL OR TAMPING 6.474 ROLLER, PNEUMATIC SELF-PROPELLED 6.455 SCRAPER-1 C.Y. & LESS 7.546 SCRAPER -OVER 17 C.Y. 7.655 SIDE BOOM 6.350 TRACTOR -CRAWLER TYPE 150 HP AtiD LESS 7.290 TRACTOR -CRAWLER TYPE OVER 150 HP 10.750 TRACTOR - PNEUMATIC 7.422 REINFORCING STEEL SETTER PAVING 7.926 REINFORCING STEEL SETTER STRUCTURES 9.086 REINFORCING STEEL SETTER HFLPFR 7.772 TX91002 - 4 r. r r�- i r-.j .� STEEL WORKER - STRUCTURAL 9.000 STEEL WORKER HELPER STRUCTURAL 6.250 SPREADER BOX OPERATOR 7.332 BARRICADE SERVICER WORK ZONE 6.500 TRUCK DRIVER -SINGLE AXLE LIGHT 6.592 TRUCK DRIVER -SINGLE AXLE HEAVY 6.791 TRUCK DRIVER -TANDEM AXLE SEMI TRAILER 7.130 TRUCK DRIVER-LOWBOY/FLOAT 8.868 TRUCK DRIVER-TRANSIT•MIX 6.891 WELDER 11.827 WELDER HELPER 8.290 Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a) 1(ii)). END OF GENERAL DECISION 00 : Ed 12 (`dU u,_, TX910028 = "5 Owl (THIS PAGE LEFT BLANK INTENTIONALLY) r k SPECIFICATIONS (THIS PAGE LEFT BLANK INTENTIONALLY) MATERIALS OF CONSTRUCTION 1. GENERAL The following paragraphs give the specifications on the various materials which are to be used in this project. On minor items a certificate from the manufacturer may be required, certifying that the material or equipment meets the specifications for such material as specified herein. All materials shall be subject to the approval of the Engineer before being used. 2. CONCRETE A. Cement Cement shall conform to "Standard Specifications and Test for Portland Cement," A.S.T.M. Serial Designation C150, Type I and Type III, and shall be an approved brand. B. Aggregate Description Concrete aggregates shall consist of natural, washed and screened sand, and washed and screened gravel or clean crushed stone conforming to "Standard Specification for i Concrete Aggregate," A.S.T.M. C-33-39 and Item No. 360 of the Texas State Highway Specifications. Coarse aggregate for Class "C" Concrete Street Paving shall be crushed r limestone (Brownwood Type). The aggregate shall be well graded from coarse to fine and shall be free from injurious amount of clay, soft or flaky materials, loam or organic impurities. All aggregate shall be approved by the Engineer before use. Maximum size of aggregate shall be 1- 1/2 inches. Aggregate for concrete construction proposed to be used in this project shall have a loss not to exceed 18% when subjected to 5 cycles of the Magnesium Sulfate go soundness test A.S.T.M. C-88-76. Stockpiles The location of all stockpiles of aggregate shall be approved by the Engineer prior to unloading as to zoning requirements, smoothness and compaction of the ground, and traffic conditions. Stockpiles of aggregate to be incorporated into the project shall be protected from dust IV-1 by drift fences of any suitable material approved by the �- Engineer, when sandstorm possibilities exist. Care will be taken to prevent dusty conditions in the stockpile area from any sources. C. Water Water shall be clean, clear, free from oil, acid or organic matter and free from injurious amounts of alkali, salts or other chemicals. D. Concrete Materials Test Pre -Construction Tests The contractor will submit test certificates from an approved commercial laboratory on all aggregates proposed for use on this work. Tests should be made approximately 20 days before beginning the concrete operation. The contractor will submit in advance of construction the mix design and the result of compression tests made by a - commercial laboratory. These will be made on each type of concrete mix design proposed for use on this project. Tests shall be made on 6 cylinders for each mix, 3 tested in'3 or 7 days, 3 tested at 7 or 28 days. Additional tests shall be furnished if material source is changed or if concrete used varies from the original design. The Engineer shall approve the mix design after the pre - construction tests have been completed. _ Construction Tests Tests of the aggregates and the concrete will be made by the Engineer during construction to determine conformity with the specifications. Test cylinders will be made in accordance with the Method of Making and Curing Concrete Compression and Flexure Test Specimens in the Field (ASTM Designation C-31). The specimens shall be cured under standard moisture and temperature conditions in accordance with requirements of ASTM C-31. _ Strength tests shall be made, in general, for each day's run, or for each 50 cubic yards of concrete if a day's run greatly exceeds this amount, but these tests may be made entirely at the discretion of the Engineer. Strength tests on Class "C" Concrete shall be made for approximately each 30 cubic yards, or every third truck on each day's run. The IV-2 p costs of all such testing will be borne by the 'City but the r' Contractor shall cooperate in securing and storing samples and shall furnish all materials required for sampling. `r. A strength test shall consist of five standard test cylinders made from a composite sample obtained in accordance with the requirements of ASTM Designation C-172. Two of the cylinders shall be tested at 3 or'7 days and at 7 or 28 days. The fifth cylinder shall be held available ffor subsequent testing, if determined necessary by the Engineer. The test result shall be the average of the two 7 �.. or 28 day specimens, except that, if one specimen in the + test shows manifest evidence of improper sampling, molding, or testing, it shall be discarded and the remaining two strengths averaged. Should more than one specimen t" representing a given test show definite defects, due to n improper sampling, molding or testing, the entire test shall be discarded. The result of the 7 or 28 day strength tests shall be used as the basis for accepting or rejecting the concrete represented. The results of the 3 or 7 day strength tests will be compared with the 3 or 7 day strength of the ,preconstruction test cylinders for the type and slump of the concrete being produced. Should the 3 or 7 day strengths indicate a deficiency in the 7 or 28 day strengths, the Engineer may require a temporary change in proportions to correct such deficiency. Such change shall remain in effect until the 7 or 28 day strength of the material in question is determined, at which time the change shall become permanent or shall be rescinded, depending upon the results of the 7 or 28 day test. The engineer shall record the delivery ticket number for the concrete and the exact location in the work at which each load represented by a strength test is deposited. E. Concrete Design Concrete conforming to these specifications may be "Ready Mix" but transporting vehicles shall be operated such as to insure delivery and placement in forms without loss or segregation of ingredients and within one hour, of mixing time. Concrete will be mixed continuously during transit. IV-3 Mix Design All concrete; for curb and gutter, valley gutters, fillets and alley stubs, alley slabs, drainage channels, inlet boxes, headwalls,_and medians shall; have 5% air entrainment r- (±1-1/2-t tolerance). The -concrete mix design shall'be based on water -cement ratio, and shall be as :follows for the different classes of concrete.: Minimum Sacks Max. Gal Max. Slump Class cement per C.Y. Water per sack in inches -- A 5 6.5 4 C 6 6 3 E 5.5 5.5 3 r F 6 5.5 2 The concrete mix design for the different classes shall also.be such that the compressive -and flexural strength for each class shall not be less than the following: Minimum Average for Class any test 3 day 7 day beam strength 28 day A --- 2100 --- .3000 C --- 3000 600 3600 E 2500 3000 -- --- F 2900 3500 -- --- Any concrete failing ,to meet these strength requirements or air _content shall be removed and replaced. �- Low Strength Concrete Any class of concrete incorporated in any.part,�of the �~ project which does not meet the strength requirements specified above, shall be considered low strength concrete. Low strength concrete shall be removed and"replaced at the expense of the Contractor. The Engineer shall determine the exact limits of any low - strength concrete required to be removed and replaced under the provisions of this paragraph. The methods to be used in removing and replacing such concrete.shall be approved by the Engineer. IV-4 F. Classification Unless otherwise shown on the plans: Class A concrete shall be used for curb and gutter, drainage channels, f.. medians, inlet boxes, headwalls and sidewalks; Class C } concrete shall be used for concrete paving and.valley gutters constructed in thoroughfare and collector streets; Class E concrete shall be used for valley gutters on streets other than thoroughfares and collectors and for alley returns, alley paving and reinforced gutter sections; Class F concrete is used for railroad sections. G. MiKing All aggregates shall be accurately weighed or measured by t" volume. The concrete shall be mixed in an approved batch mixer equipped with an accurate water measuring tank, and shall be mixed for one and one-half minutes after all material is in the mixer. "Ready Mixed" or "Transit Mixed" concrete may be used. If used it shall conform to these specifications and the "Standard Specifications for Ready Mixed Concrete," A.S.T.M. Serial Designation C94-38 and Item No. 502 of the Texas State Highway Specifications. After mixing, the, concrete shall be transported to the r forms in a manner which will prevent separation or r segregation of the aggregates and shall be placed without undue delay. It shall be deposited as nearly as practicable in its final position in order to avoid rehandling or flowing of the concrete. No water shall be added to the concrete to facilitate finishina. r- H. Curing Compounds Compounds used to form an air tight membrane over fresh concrete surface for curing purposes shall conform to Item 526, Texas State Highway Specifications and "A..S.T.M." Serial Designation C-309. 3. REINFORCING MATERIALS A. Wire Mesh Wire mesh reinforcing shall conform to "Standard Specifications for Welded Steel Fabric for Concrete Reinforcement" ASTM Designation A-185. Mesh reinforcement shall be of the size shown on the plans. All reinforcement shall be permanently marked with grade identification marks or shall, on delivery, be accompanied r F IV-5 by a manufacturer's guarantee of grade and compliance with -- these specifications. Reinforcement,stored on the site shall be protected from accumulations of grease, mud or other foreign matter and from rust producing conditions and shall be free from rust, scale,- oil, mud or structural defects when incorporated into alley slab, -or valley gutters. B. Bar Reinforcing Reinforcing steel to be used on this project shall conform to A.S.T.M. Designation A-432 and shall be deformed to A.S.T.M. 305 requirements unless otherwise shown on the plans. C. Fiber Reinforcement (1) The fiber used shall be 100 per cent virgin polypropylene collated, fibrillated fibers specifically manufactured for use as concrete reinforcement, containing no reprocessed olefin materials. (2) The physical characteristics of the fiber to be used is as follows: Specific Gravity - 0.91; Tensile Strength 70 to.110 ksi; Length of fibers-"1/2". r (3)'Fibrous concrete reinforcement materials provided by this section shall produce concrete conforming to the requirements for each type and class of concrete listed — in Section 4-2-E. Quantities to be used shall conform to manufacturer's recommendations, unless otherwise directed by the Engineer. ^ 4. JOINT MATERIAL' A. Expansion Joint Materials Bituminous premolded expansion joint material shall conform _ to Item No. 420.2 (a) of the Texas -State Highway Department Specifications. Expansion joints shall be placed as shown on the plans or as directed by the Engineer. B. Joint Sealing Material Joint sealing material shall be W.R. Meadows SOF-SEAL or approved equivalent IV-6 r 5. FORMS Forms for curb and gutter and alley paving may be of wood or metal, of a section satisfactory to the Engineer., straight, free of warp, and a depth equal to the'depth of the concrete section formed. Forms shall be constructed accurately to the line and grade as established in the field, shall be adequately braced so that they will not move during the placing of the concrete, and shall remain in place at least twelve (12) hours after placing concrete. Forms; shall be oiled with a light oil before each use and forms which are to be re -used shall be cleaned immediately after each use and maintained in good condition. Curb forms shall be such that the face of the curb can be formed by use of a face form held in place by steel templates. Forms used for curb shall meet all of the above specifications, except that face forms on curb radii may be omitted if a true section and an accurate flow can be obtained by other methods approved by the Engineer. In no case will a concrete pour be started without the approval of the Engineer. No forms shall be placed until the subgrade is within one inch (111) of its finished grade. Forms for alley slabs may be used as a guide for screeding. Where longitudinal construction joints are required, the form shall be so constructed as to provide a 1-1/8 inch "V" shaped groove in the face. IV-7 No Text DETAILS OF CONSTRUCTION 1. CONCRETE This item shall consist of Portland Cement and shall be,con- structed of Class A concrete. Included in the sidewalk con- struction is the subgrade preparation and the filling and shaping of the area behind the curb. Concrete Mixing and Placing 1. Mixing The aggregates, mineral filler if required, cement and water shall be measured separately, introduced into the mixer, and mixed for a period of not less than 50 seconds nor more than 90 seconds, measured from the: time the last aggregate enters the drum to the time discharge of the r► concrete begins. The required water shall be introduced into the mixing drum during the first 15 seconds of mixing. The entire contents of the drum shall be discharged before any materials of the succeeding batch r are introduced. The Engineer may increase the minimum mixing time to that necessary to produce thoroughly mixed concrete based on inspection or appropriate uniformity tests. The mixing time may be varied at any time necessary to produce acceptable concrete. If Ready -Mix concrete is used, the concrete shall be discharged into the specified hauling equipment and delivered to the road site. If truck agitators are used, the concrete shall be continuously agitated at not less than one nor more than six RPM as directed by -the Engineer. - The initial batch of concrete mixed after each time the mixer is washed out shall be enriched by additional - mortar. The additional mortar shall be one sack of cement and three parts of sand. 2. Placing Any concrete not placed as herein prescribed within 30 minutes after mixing shall be rejected and disposed of as directed except as provided otherwise herein. Except by D-1 specific written authorization of the Engineer, concrete shall not be placed when the temperature is below 400F, the temperature being taken in the shade and away from artificial heat. When such permission is granted, the Contractor shall furnish an approved enclosure, such as canvas -covered framework, to enclose and protect all pavement so placed, and shall maintain the temperature of the air surrounding the concrete at not less than 50OF for not less than 5 days. When concrete is being placed in cold weather, other than under the conditions stated above, the Contractor shall have available a sufficient supply of an approved covering material to immediately protect concrete if the air temperature falls to 320F, or below, before concrete has been placed 4 hours. Such protection shall remain in place during the period the temperature continues below 320F or for a period of not more than 5 days. Neither salt nor other chemical admixtures shall be added to the concrete to prevent freezing. The Contractor shall be responsible for the quality and strength of concrete under cold weather conditions and any concrete damage by -' freezing shall be removed and replaced at his expense. Concrete shall not be placed before sunrise and shall not be placed later than will permit the finishing of the pavement during sufficient natural light. Concrete shall be placed only on approved subgrade or sub- base, and unless otherwise indicated on plans, the full width of the pavement shall be constructed monolithically. The concrete shall be deposited on the subgrade or sub- base in such manner as to require as little rehandling as — possible. Where hand spreading is necessary, concrete shall be distributed to the required depth by use of shovels. The use of rakes will not be permitted. Workmen will not be permitted to walk in the concrete with any earth or foreign material on their boots or shoes. The placing of concrete shall be rapid and continuous. Concrete shall be distributed to such depth that when consolidated and finished, the slab thickness required by plans will be obtained at all points and the surface shall not, at any point, be below the established grade. Special care shall be exercised in placing and spreading concrete against forms and at all joints to prevent the forming of honeycombs and voids. If in the opinion of the Engineer, the temperature, wind and/or humidity conditions are such that the quality of _ the concrete will not be adversely affected, the specified placing time may be extended to a maximum of 45 minutes. D-2 3. Reinforcing Steel f All reinforcing steel, including steel wire fabric reinforcement, tie bars, and dowel bars shall be r, accurately placed and secured in position in accordance with details shown on plans. Reinforcing bars shall be securely wired together at alternate intersections, following a pattern approved by the Engineer, and at all r^ splices, and shall be securely wired to each dowel intersected. When wire fabric is used, it shall be securely wired together at all splices and to each dowel intersected. Tie bars shall be installed in the required position by the method and device shown on plans or by approved method and device equivalent thereto. Tightly adhered scale or rust which resists removal by ► vigorous wire brushing need not be removed except that excessive loss of section to the reinforcement due to rust shall be cause for rejection. Excessive loss of section shall be defined as loss of section to the extent that the reinforcement will no longer meet the physical requirements for the size and grade of steel specified. Where plans require an assembly of parts at pavement joints, the assembly shall be completed, placed at required location and elevation, and all parts rigidly secured in required position by the method anddevices shown on plans. Dowel bars shall be accurately installed in joint assemblies in accordance with plans, each parallel to the pavement surface and to the center line of the pavement, and shall be rigidly secured in required position by such means (as shown on plans) that will prevent their displacement during placing and finishing of 4 the concrete. 4. Joints When the placing of concrete is stopped, a bulkhead of sufficient cross sectional area to prevent deflection, t., accurately notched to receive the load transmission devices or dowels if required, and shaped accurately to the cross section of the pavement shall be provided and installed as a back-up for the joint filler and rigidly secured in required position to permit accurate finishing of the concrete up to the joint. After concrete has been finished to the joint, formation of the joint seal space ,.. and finishing of the joint shall be executed. The back-up bulkhead shall remain in place until immediately prior to ' the time when concrete placing is resumed, when it shall be carefully removed in such manner that no element of the D-3 joint assembly will be disturbed. The exposed portion of the joint assembly shall be free of adherent concrete, dirt or other material at the time placing of concrete is resumed. If .necessary for proper installation of joint sealer, excessive spalling of the joint groove shall be repaired ,to the satisfaction of the Engineer in the manner which he prescribes. Careful workmanship shall be exercised in the construction of all joints to insure that the concrete sections are " completely separated by an open joint or.by the joint materials and to insure that the joints will be true to the outline indicated. 5. Weakened Plane Joints Weakened plane joints shall consist of transverse contractionjoints and longitudinal joints and shall be sawed as specified on the plans or as directed by the Engineer. When the joints are sawed, the saw shall be _ power driven, shall be manufactured especially for the purpose of sawing concrete, and shall be capable of performing the work. Saw blades shall be designed to make a clean smooth cut having a width and depth of cut as detailed on the plans. Tracks adequately anchored, chalk, string line or other approved methods shall be used to provide true alignment of the joints. The concrete saw shall be maintained in good operating condition and the Contractor shall keep a stand-by power saw on the project at.all times when concrete operations are under way. If membrane curing is used, the portion of the seal which has been disturbed by sawing operations shall be restored by the Contractor by spraying the area with additional curing seal. 6. Contraction Joints y Transverse contraction joints shall be formed or sawed joints perpendicular to the centerline and surface of the pavement. Where sawed joints are used, contraction joints at approximately 10 to 15-foot intervals shall be sawed as soon as sawing can be accomplished without damage to the pavement and before 12 hours after the concrete has been placed, the exact -time to be approved by the Engineer. The remaining contraction joints'shall be sawed in a uniform D-4 pattern as directed by the Engineer, and they shall be completed before uncontrolled cracking of the pavement r takes place. All joints shall be completed before permitting traffic to use the pavement. 7. Longitudinal Joints Longitudinal joints shall be sawed within two days after construction of the pavement. Sawing shall not cause damage to the pavement and the grooves shall be cut with a minimum of spalling. No traffic (including construction traffic) shall be permitted on the pavement until the longitudinal joint is cut. 8. Joint Sealers After the joints in the hardened concrete have been repaired (if necessary) and cleaned to the satisfaction of the Engineer, the joints will be filled with the W.R. Meadows SOF-SEAL. After the sealant is installed it will effectively seal the joints against water, dirt and stones throughout repeated cycles of expansion and contraction. 9. Asphalt Board Premolded materials, wherever used, shall be anchored to the concrete on one side of the joint by means of copper wire or nails not lighter than No. 12 B&S gage. Such anchorage shall be sufficient to overcome the tendency of the material to fall out of the -joint. 7 D-5 r No Text 7 MEASUREMENT AND PAYMENT r GENERAL The unit price bid on each item as stated in the proposal, shall include t furnishing all labor, superintendence, machinery, equipment and materials necessary or incidental to complete the various items of work in accordance with the plans and specifications. Cost of work or materials shown on the plans or called for in the specifications and on which no separate payment is made shall be included in the bid prices on the various pay items. ITEM 1 SIDEWALK This item shall consist of 4" thick sidewalks constructed as herein spec- ified on an approved subgrade in conformity with the lines, methods and grades established by the Engineer. Work and accepted material as prescribed for this item will be measured by the square yard of completed sidewalk. The unit price bid shall be full compensation for clearing obstructions, preparing the subgrade, furnishing and placing all materials, and for all manipulations, labor, tools, equipment and incidentals necessary to complete the work. ITEM 2 DRIVEWAY APPROACHES r This item shall consist of 4" thick driveway returns constructed as herein specified on an approved subgrade in conformity with the lines, methods and 1 grades established by the Engineer. Work and accepted material as pres- cribed for this item will be measured by the square yard of surface area r of completed driveways. The 4 foot width of driveway slab which is an extension or connection of sidewalk shall be considered and paid for as sidewalk. The unit price bid shall be full compensation for clearing r.► obstructions, preparing the subgrade, furnishing and placing all materials F and for all manipulations, labor, tools, equipment and incidentals necessary to complete the work. ITEM 3 CURB AND GUTTER CONSTRUCTION Measurement along the face of the curb will be made of the actual length r of concrete curb and gutter and will be paid for at the unit price bid for the linear feet of construction. This unit price shall be full compensation for existing curb removal and disposal, subgrade preparation including all excavation or fill, blading, tamping, wetting, rolling, loading, hauling and wasting all excess excavated material, removing and disposing of all obstructions noted on the plans or as become necessary, and for furnishing and placing all materials, including pre -molded expansion joint material, *^ and for all manipulations, labor, tools, equipment and incidentals necessary to the completion of the work as herein specified. r i r (THIS PAGE LEFT BLANK INTENTIONALLY) 1 7 TH YEAR ARNETT B ENSON S = DEWALK PROJECT PHASE I (THIS PAGE LEFT BLANK INTENTIONALLY) 17th Year Sidewalk Arnett/Benson - Phase I Boston Avenue 3rd St. to North Alley On East pour 125' of 4' curb back sidewalk and west pour 125' of 6' curb back sidewalk. 3rd St. Alley to 2nd P1. On West pour 125' of 4' sidewalk and 15' approach. On East pour 125' of 4' sidewalk. 2nd P1. to North alley On West pour 125' of 4' sidewalk and East pour 125' of 4' sidewalk. North alley to 2nd St. Pour 125' of 4' sidewalk on East and on West pour 125' of 4' sidewalk, 15' drive approach and a 4' X 8' lead walk. 2nd St. to alley Pour 125' of 4' sidewalk between fence and trees on East. On West pour 100' of 4' sidewalk. 2nd St. alley to 1st Pour 125' of 4' sidewalk on West. P1. 1st St. to alley Cornell Street 315 N. Boston 319 N. Boston 2703 Cornell 2705 Cornell 2711 Cornell 2713 Cornell East pour 125' of 4' sidewalk Pour 52' of 4' sidewalk on East and 50' of 4' sidewalk on North. Pour 30' drive approach on East. Pour 80' of 4' sidewalk and 15' drive approach. Remove old sidewalk and pour 75' of 4' sidewalk.` Pour 100' of 4' sidewalk. Pour 75' of 4' sidewalk and 12' drive approach. Pour 50' of 4' sidewalk and 12' approach. 17th Year Sidewalk - Arnett Benson/Phase I Page 2 2717 Cornell Pour 50' of 4' sidewalk and 12' approach. 2719 Cornell Pour 75' of 4' sidewalk and 12' approach. 2723 Cornell Pour 75' of 4' sidewalk and 12' approach. 2725 Cornell Pour 50' of 4' sidewalk and 12' approach. 2727 Cornell Pour 50' of-4' sidewalk and 12' approach. 2729 Cornell Pour 50' of 4' sidewalk and 12' approach. 2731 Cornell Pour 100' of 4' sidewalk. 2805 Cornell Pour 50' of 4' sidewalk. 2809 Cornell - -Pour 150' of 4' sidewalk connecting sidewalk bend. Remove 50' of old sidewalk. 2808 Cornell Pour 50' sidewalk, 20' approach and 10' curb. 2806 Cornell Remove old sidewalk and approach and pour 50' of 4' sidewalk and 12' approach. 2804 Cornell Remove old sidewalk and pour 50' of 4' .sidewalk and 12' approach. 2802 Cornell Pour 50' of 41-sidewalk on South and 130' of 4' sidewalk on East. Pour 2 15' approaches - 1 on South and 1 on East. 2726 Cornell Pour 130' of 4' sidewalk on west and 75 on South, pour 2 - 12' approaches. 2724 Cornell Remove old sidewalk and pour 50' of 4' sidewalk and 12' approach. 2722 Cornell Remove 30' of old sidewalk and repour and 12' approach. 2718 Cornell Pour 12' approach, remove old sidewalk and pour 50' of 4' sidewalk. 17th Year Sidewalk - Arnett Benson/Phase I Page 3 2714 Cornell Remove old sidewalk and pour 50' of 4' sidewalk and 12' approach. 2712 Cornell Pour 40' of 4' sidewalk around mailbox. 2708 Cornell Remove old sidewalk and pour 100' of 4' sidewalk and 40' approach. DO NOT DAMAGE MAILBOX. 2706 Cornell Pour 12' approach. 2704 Cornell Pour 40' of 4' sidewalk. 401 N. Boston Pour 75' of 4' sidewalk on South and 200' of 4' sidewalk on East and 30' approach. (THIS PAGE LEFT BLANK INTENTIONALLY) TZ IS 6 716 I T8 IQ 171e Ii 2 '1 iw iz6 ' 7 • t a 11 tj $� 3 O P - I = z 3927s'w'. 4tLf i 2 l 3 ' !S432 v 1211109876S4 2 i5432eL-1 2 3456 = - _ s SI.KLLl I6 IS 14 13 12 11 10 9 16 15 14 13 12 It 10 9 M 20 21 L 22 2A 24 25 26 19 20 21 22 23 24 25 26 ET 50 49 48 47 r 46 45 44 4St v 50 ` 49 441 47 L 46 45 44@ 43 53 S4 S5 56 37 35 3f r 60 53 54 55 56 67 56 59 60 CTR CGT :s a ss+s z 1 u' 4 i i 16 17 IB 1 1 < 9NCD 1 1 � 6-' 4 3 1 6 5 4 .3 2 I 7 6 9 1 t 6 5 4 3 7.2e ur Iw 27 Y6 Y! 30 31 ao � 32 If � '�'• '•11 t 6 4 F27 r 24� 29 30 31 32 :" Iso' ' «I•�� • 42 '41 40 3 9. 37 y` r 1 10 a 7 l 41 40 39 38 37 36 35�' IiO�{ ISO14{.{' • M{'. ISO • 1{o 17 1 61 6Y 63 61 P J 6E , 66 i7 61 .62 63 94 65 i6 IS7 lea' Iso' n{` t plign - q W W, H RISEN, STREET �r e' Me WHORTER 12 1; 1 9 8 7 6 5 4 3 2 1 O 11 1 9 6 76 5 43 21 i S . J 7 = 6 L ( s '.16 R I 192 2f 3 4 PARK 14IS1617 18192 122= 131 IS16171 I92) 2 Sd SS' i" So 6 Sd !0 91116 T634 3 Z I $o{ so I Me W HORTER IZ II q 9 6 7 6 3�� 2� 12 11 s 8 7 6 7 2 I I 1 12 II 10 IiB 171819 1 2 2 ~ SO HOOT 13�14 1S�i6171819 20.2122 R 11 31111511917181 21 2 PLACE 7{9 8 T16 5 4 3 2 1 L2�1111�9�6 7 6�3 4�3I�e Al13 ( 14 6 :716192 21222'2 �13141516171. 1l12 .21 2. ••r: STREET 6'S 4 3 2 1 t211 1019 8 7 6 3 4 3 2 L 20 19 i 161718192 212223 1314 1516 1718192 21222 N• _' P LACE~ ):9 8 7 6 5 4 3.2 1 H 1211;10 9 6 7 6 5 4�3i2 21 `L) 22 i .1617 16 20 21 22 23 24 3 14 1S 16 t 7 16 2C 21 �22 23 I • sd aLs b' so � 3d � No Text No Text (THIS PAGE LEFT BLANK INTENTIONALLY) Office of �.. Purchasing City of Lubbock P.O. Box 2000 r• Lubbock, Texas 79457 t 606-767-2167 March 26, 1992 r µ Hub City Pavers, Inc. �- 4214 50th Street, Suite B Attn: Glen A. Sarten Lubbock, TX 79413 r- SUBJECT: Arnett Benson Sidewalk Project The City of Lubbock, having considered the proposals submitted and opened on the 27th day of February, 1992, for work to be done and r. materials to be furnished in and for: i I City of Lubbock Bid # 11828 ARNETT BENSON SIDEWALK PROJECT ras set forth in detail in the Specifications, Plans, and Contract Documents for such work for the City of Lubbock; it appearing that your proposal is fair, equitable and to the best interest of said City, please take notice that said proposal was accepted by the City Council of the City of Lubbock on the March 26, 1992, at the bid price contained therein, subject to the execution of and furnishing of all other documents specified and required to be executed and furnished under the contract documents. It will be necessary for you to execute and furnish to the City of Lubbock all such documents within tern (10) days from your .. receipt of this Notice. The five percent (5%) bid security, submitted with your proposal, will be returned upon the execution of such contract documents and bonds within the above specified ten (10) day period. In the event you should fail to execute and furnish such contract documents and bonds within the time limit specified, said bid security will be retained.by the City of Lubbock. CITY OF LUBBOCK Gene Eads, C.P.M. Purchasing Manager R SPECIAL CONDITIONS (THIS PAGE LEFT BLANK INTENTIONALLY)