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Resolution - 4117F - Contract - Rhode Construction Co - Arnett Benson Sidewalk Project - 04_08_1993
April 8, 1993 Page 316 504119 - R 93-52A-316-248 (23.) BID #12515--Arnett Benson Sidewalks (Community_ Development) 9 2 Rhode Construction Co. Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 93-52A-316-249 (24.) BID #12524--Rental of 300 HP Dozer (Land Application Site). West Texas Equipment Co. Motion was made by Councilmember Patterson, seconded by Councilmember Neugebauer to authorize low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 93-52A-316-250 (25.) Consider Resolution #4118 authorizing the Mayor to sign Change Order No. 1 to the 1993 Street Maintenance Contract. RESOLUTION #4118 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Change Order No. 1 to be entered into by and between the City of Lubbock and Williams & Peters Construction Co., Inc., concerning the Contract related to the 1993 Street Maintenance Program, 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 8th day of April, 1993. /s/ David R. Langston DAVID R. LANGSTON, MAYOR ATTEST: /s/ Betty_ M. Johnson Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: /s/ Don Jennings Don Jennings, Street Superintendent CITY OF LUBBOCK SPECIFICATIONS FOR ARNETT BENSON SIDEWALK PROJECT BID #12515 CITY OF LUBBOCK Lubbock, Texas U. S. Department of Housing and Urban Development Fort Worth Office, Region VI 1600 Throckmorton P.O. Box 2905 Fort Worth, Texas 76113-2905 Ms. Sandy Ogletree. City of Lubbock PO Box 2000 Lubbock, TX 79457 Dear Ms. Ogletree: Subject: Supersedeas Decision HUD Project No. 8-92-MC-48-0022 Installation of Sidewalk in Arnett Benson Neighborhood Lubbock (Lubbock County), Texas Enclosed is a copy of supersedeas wage decision number TX93-28/176, announced in the Federal Register on February 19, 1993, which will be applicable to the subject project. This decision replaces the wage decision we previously sent you, TX91-28/138 on February 17, 1993. We take this opportunity to remind you of the importance of verifying every wage decision, by calling this office, ten (10) days prior to the bid opening. A preconstruction conference with the principal contractor and all available subcontractors must be held prior to start of construction, at which time they shall be advised of their responsibilities and obligations regarding the labor standards provisions and the wage decision contained in the contract documents. If you have any questions please feel free to contact our Labor Relations staff at (817) 885-5829. Sincerely, erias E FeZg�rsnabor RelatiOfficer General Decision Number TX930028//6 Superseded General Decision No. TX910028 State: TEXAS Construction Type: Heavy Highway County(ies): ECTOR POTTER TOM GREEN LUBBOCK RANDALL MIDLAND TAYLOR HEAVY (excluding tunnels & dams) and HIGHWAY PROJECTS (does not include building structures in test area projects). Modification Number Publication Date - 0 02/19/1993 TX930028 - 1 COUNTY(ies): ECTOR POTTER LUBBOCK RANDALL MIDLAND TAYLOR SUTX2037A 11/13/1991 ASPHALT HEATER OPERATOR ASPHALT RAKER ASPHALT SHOVELER BATCHING PLANT WEIGHER CARPENTER CARPENTER HELPER CONCRETE FINISHER -PAVING CONCRETE FINISHER HELPER PAVING CONCRETE FINISHER STRUCTURES CONCRETE FINISHER HELPER STRUCTURES ELECTRICIAN ELECTRICIAN HELPER FLAGGER FORM BUILDER -STRUCTURES FORM BUILDER HELPER STRUCTURES FORM SETTER_- PAVING & CURB FORM SETTER HELPER -PAVING & CURB FORM SETTER -STRUCTURES FORM SETTER HELPER STRUCTURES LABORER -COMMON LABORER UTILITY MECHANIC MECHANIC HELPER OILER SERVICER PIPE LAYER PIPE LAYER HELPER ASPHALT DISTRIBUTOR OPERATOR ASPHALT PAVING MACHINE BROOM OR SWEEPER OPERATOR BULLDOZER CONCRETE PAVING CURING MACHINE CONCRETE PAVING FINISHING MACHINE CONCRETE PAVING JOINT SEALER CONCRETE PAVING SAW CONCRETE PAVING SPREADER REINFORCING STEEL MACHINE SLIPFORM MACHINE OPERATOR CRANE, CLAMSHELL, BACKHOE DERRICK, DRAGLINE, SHOVEL LESS THAN 1 1/2 C.Y. CRANE, CLAMSHELL, BACKHOE DERRICK, DRAGLINE, SHOVEL 1 1/2 C.Y. & OVER CRUSHER OR SCREENING PLANT TOM GREEN Rates Fringes $7.467 7.267 6.400 9.799 8.153 6.881 7.496 6.500 8.148 6.987 10.000 9.500 5.500 8.021 7.000 8.300 6.307 7.839 6.479 6.018 7.102 10.282 8.000 8.233 7.823 7.000 6.250 7.972 8.187 6.411 7.963 9.100 8.075 7.750 10.063 9.100 6.500 9.000 8.574 10.043 TX930028 - 2 OPERATOR 7.500 FOUNDATION DRILL OPERATOR CRAWLER MOUNTED 9.000 FOUNDATION DRILL OPERATOR TRUCK MOUNTED 10.750 FOUNDATION DRILL OPERATOR HELPER 7.050 FRONT END LOADER - 2 1/2 C.Y. & LESS 7.458 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-17 C.Y. & LESS 7.546 SCRAPER -OVER 17 C.Y. 7.655 SIDE BOOM 6.350 TRACTOR -CRAWLER TYPE 150 HP AND 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 HELPER 7.772 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 6.991 WELDER 11.827 WELDER HELPER ---------------------------------------------------------------- 8.290 F_ 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 ,,, TX930078 - 3 END OF GENERAL DECISION TX930028 - 4 i SPECIAL CONDITIONS A .: 1. CHANGES IN THE WORK The Local Public Agency may increase the quantity of the work in the Contract by supplementary projects, not included in the Contract, without invalidating the Contract, and without relieving or releasing the Contractor from any of his obligations under the Contract or any guarantee given by him pursuant to the Contract provisions, and without affecting the validity of the guaranty bonds, and without relieving or releasing the surety or sureties of said bonds. All such work shall be executed under the terms of the original Contract unless it is expressly provided otherwise. If applicable unit prices are contained in the agreement (established as a result of either a unit price bid or a Supplement Schedule of Unit Prices) the Local Public Agency r" may order the Contractor to proceed with desired additions to the work as a result of supplementary projects, the value of such changes to be determined by the measured quantities �- involved and the applicable unit prices specified in the Contract; provided that in case of a unit price contract the net value of all additions does not increase or decrease the original total amount shown in the Agreement by more than r t. twenty-five (25%). Except for the purpose of affording protection against any r' emergency endangering health, life, limb or property, the Contractor shall make no change in the materials used or in the specified manner or construction and/or installing the improvements or supply additional labor, services or materials beyond that actually required for the execution of the Contract, unless in pursuance of a written order from the Local Public Agency authorizing the Contractor to proceed with the change. No claim for an adjustment of the contract price will be valid unless so ordered. 2. SUPERINTENDENCE The Superintendent and/or his assistants will not be allowed to serve two functions simultaneously, such as operating machinery and acting as Superintendent at the same time. The Superintendent must be free of individual responsibilities to enable him to give the entire project his constant attention to facilitate the progress thereof. SC-1 r I City of Lubbock P.O. Box 2000 Lubbock. Texas 78457 606-767-2167 MAILED TO VENDOR: MARCH 19, 1993 CLOSE DATE: MARCH 25, 1993 AT 2 P.M. BID #12515, ARNETT BENSON SIDEWALKS ADDENDUM #1 Office of Purchasing The following items take precedence over drawings and specifications for the above named project. Where any item called for in the bid documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. Please modify or amend Contract Documents as follows. I. Please find enclosed a current copy of the Davis -Bacon Wage Determination and a set of Special Conditions for this project. k TH K YOU RON SHUFFIE r.. Senior Buyer Please return one (1) copy with your bid. i I L . n 3. TIME AND ORDER FOR COMPLETION No work will be allowed from November 1st through January 2nd unless approved by the Engineer. The construction covered by the contract documents shall be fully completed within 60 working days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 4. MAINTENANCE OF DETOURS The Contractor shall do such work as may be necessary to maintain detours and facilities for safe public travel. r There shall be maintained in passable condition such temporary roads and structures as may be necessary to accommodate public travel. Temporary approaches and �• crossings of intersecting highways shall be provided and maintained in a safe and passable condition by the Contractor at his entire expense. 5. PUBLIC SAFETY AND CONVENIENCE ,.. The safety of the public and the convenience of traffic shall be regarded as of prime importance. It shall be the entire responsibility of the Contractor to provide for ingress and egress to private property. Ingress and egress to private property shall be provided as specified in the plans or as directed by the Engineer. �- The Contractor shall plan and execute his operations in a manner that will cause the minimum interference with traffic. The Contractor shall secure the Engineer's approval of his proposed plan of operation, sequence of work and methods of providing for the safe passage of traffic before it is placed into operation. If at any time during construction the approved plan does not accomplish the intended purpose, due i' to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes therein to correct the unsatisfactory conditions. At night or otherwise, all equipment not in use shall be stored in such manner and at such locations as not to interfere with the safe passage of traffic. The Contractor shall provide and maintain flaggers at such points and for such periods of time as may be required to provide for the safety and convenience of public travel and ContractorOs r' personnel, and as directed by the Engineer. Flaggers shall be English speaking, courteous, well informed, physically and r SC-2 I- r I mentally able to effectually perform their duties in safeguarding and directing traffic and protecting the work, and shall be neatly attired and groomed at all times when on duty. When directing, flaggers shall use standard attire, flags and signals and follow the flagging procedures set forth in the Texas Manual on Uniform UNIFORM TRAFFIC CONTROL DEVICES for Streets and Highways. 6. BARRICADES AND DANGER. WARNING AND DETOUR SIGNS AND TRAFFIC HANDLING The Contractor shall have the sole responsibility for C providing, installing, moving, replacing, maintaining, cleaning and removing upon completion of work, all r- barricades, warning signs, barriers, cones, lights, signals and other such type devices for handling traffic control as indicated in the plans or as directed by the Engineer. All r barricades, warning signs, barriers, cones, lights, signals and other such type devices shall conform to details shown on E the plans and as directed by the Texas Manual on Uniform Traffic Control Devices. The Contractor may provide special signs not covered by plans to protect the traveling public against special conditions or hazards, provided however, that such signs are first approved by the Engineer. Upon completion of the work, all barricades, warning signs, barriers, cones, lights, signals and other such type devices and evidence thereof shall be removed by the Contractor. r I 7. PROSECUTION OF WORK G Not more than seven (7) calendar days shall elapse between the time subgrade preparation is begun and the time of spreading and compaction of the base. At no time during the period of construction shall driveways and/or alleys be left impassable between the night hours of 6:00 a.m. to 6:00 p.m., except during the construction of the curb and gutter for which the driveways and/or alleys shall remain closed not more than seven (7) days including four (4) days for curing. The Contractor is responsible for communications with �- adjacent property owners during construction that may limit or deny access to their properties. r r SC-3 8. WATER r Water for this project will be furnished by the City of Lubbock at fire hydrants designated by the Contractor for which there will be no charge. The Contractor will be �^ furnished loading racks by the City Director of Water Utilities. The loading rack will be equipped with a valve which will be pad -locked at all times except when the Contractor's truck is loading. The valve on the loading rack shall be used by the Contractor and at no time will the w Contractor use the fire hydrant valve. The padlock on the rack valve shall be furnished by the Contractor. The r" Contractor shall not use any fire hydrants for water loading unless there is an authorized rack on the fire hydrant. The Contractor will not be allowed to use water from authorized .- loading racks except on City approved projects. Water, which is supplied by the City, is intended for use in compacting subgrade and base and maintaining dust control. It is not the intention of the City to furnish water for use in mixing "^ concrete. 9. RESTRICTIONS AND REQUIREMENTS FOR CONSTRUCTION A. The Contractor will need special permission to be permitted to work on weekends or legal holidays and shall do no work on any contract item before daylight or later than one hour after sundown, except as directed and approved by the Engineer. No work will be allowed between November 1 and January 2, unless approved by the Engineer. B. A 1:2 dilute emulsion treatment with MS-1 or SS-1 emulsified asphalt at a rate of .10 gallon per square yard will be applied to the A.C. surface within ten (10) days of the placement of the A.C. surface. C. Temperature Requirements (The temperature readings to be used will be as reported by the National Weather Service on an hourly report [Telephone Number 762-0141]). r (A) HMAC - November 1 until April 1 1. The asphaltic mixture shall not be placed when the air temperature is below 550F. and falling. 2. The asphaltic mixture may be placed when the air temperature is above 50OF and rising. (B) HMAC - April 1 till November 1 SC-4 .- 1. The asphaltic mixture shall not be placed when the air temperature is below 500F. and falling. 2. The asphaltic mixture may be placed when the air temperature is above 450F. and rising. (C) Asphalt Stabilized Base 1. The asphaltic mixture shall not be placed when the air temperature is below 450 F and falling. 2. The asphaltic mixture may be placed when the air temperature is above 400 F and rising. The engineer may use his discretion to require a cover over the asphaltic mixture when being hauled from the plant to the job site. D. Unless otherwise approved by the engineer, the minimum temperature of asphalt materials immediately after placement by the laydown machine will be 3000 F for asphaltic concrete surface and 2750 F for asphalt stabilized base. E. Standby rollers shall be located at the job site for immediate use if needed. F. Proof rolling will be required on subgrade, caliche base, black base, embankment or surface. After rain showers if deemed necessary by the Engineer each item that was approved will be re -rolled. The proof rolling will be performed using a self-propelled 25 ton pneumatic roller with certified weight certificate. G. Preliminary approval, by the Engineer, of aggregate at the pit and crusher location shall be required, prior to delivery to the plant. Final approval of the stockpile material, at the hot mix plant or concrete plant, or stockpile locations will be required by the Engineer, after which no additional aggregate will be added to the approved stockpile prior to entering the mixing plant. r H. During the period of construction the Contractor will not use private driveways for turning or parking his equipment. Any damage to sidewalks, driveways, slabs or curb and gutter will be replaced at the Contractor's expense. SC-5 i I OM I. Before any portion of any street is closed to traffic the Contractor will be required to have sufficient equipment on the site to start the construction, and at no time will any section of the closed area be left three (3) days without some type of work being performed. If there is a shortage of equipment to work on all areas of the closed section then the Contractor will be required to provide additional equipment. It is the intent of these requirements to construct the improvements listed in this contract with the least inconvenience to the property owners and the traveling public. In the event damage occurs to pavement in the area of a fire hydrant, which was caused by the Contractor's employees negligence to shut off the valve on the loading rack, it will be the Contractor's responsibility and expense to repair the paving and replace curb and gutter if required by the Engineer. 10. REMOVING OBSTRUCTIONS The Contractor shall familiarize himself with the existing obstructions including sidewalks, trees, poles, etc., prior to construction. It shall be the.Contractor's responsibility to remove these obstructions at the direction of the Engineer except that the utility companies will move their equipment at no cost to the Contractor'. The Contractor will receive no compensation for delay caused by the Utility Companies in relocating or removing their equipment. 11. TEST OF MATERIALS These requirements apply to this contract and all construction work on all streets and alleys including new subdivisions, streets and alley use permits. The Contractor will bear the cost of all material tests on hot mix design and concrete design. The City will bear the cost on tests during construction such as density on caliche �- base, gradation on concrete and paving aggregates and density and asphalt extraction test on hot -mix and black base. (A) Caliche Base Materials Before materials can be used on any street, current (not older than 30 days) test reports will be submitted to the Engineer for approval and test reports will be required every 30 days SC-6 i r- before this material can be used continuously on City streets. During the construction period, I tests that fail will require re -testing by the l City lab at the contractor's expense. (B) Concrete Mix Design (IV-2-E) and Preconstruction Test (IV-2-D) The Contractor or concrete supplier will submit a mix design on the crushed stone and gravel approximately (20) days before beginning the concrete operation for approval by the Engineer. r' Contractors or Concrete Suppliers that supply concrete for any contract, new -subdivision, street or alley use permits will be required r to submit to the City Engineer a concrete mix design every thirty (30) to forty-five (45) days for approval. Any contractor or concrete supplier that does not have a current mix design on file with the City Engineer will not be per - permitted to furnish concrete for any project within the City of Lubbock until mix design is received. The City of Lubbock Testing Laboratory will make test cylinders during the construction period. When test cylinders fail to meet the required strength at the 7 or 28 day break, the concrete in question will be cored by the City of Lubbock Testing Laboratory within three days after the 7 or 28 17 day break. If the core samples fail to meet the required strength, the concrete will be rejected and removed. The cost of coring on concrete that fails on the core test 7 will be charged to the Contractor or Concrete Supplier. After the mix design is submitted and approved by the Engineer, no changes in the design or materials will be permitted without approval of the Engineer. (C) Cement 7 Certified mill test on each car or transport. r (D) Asphalt Certified Lab Test. r (E) Density Test The City of Lubbock Testing Laboratory will provide density tests on the base or subgrade. r-- SC-7 r- b The City of Lubbock Lab will be the final authority on all tests. 12. SUBCONTRACTORS The Contractor shall not award any work to any subcontractor without prior written approval of the Owner, which approval will not be given until the Contractor submits to the Owner a written statement concerning the proposed award to the subcontractor, which statement shall contain such information as the Owner may require. 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 subcontractors and to give the Contractor the same power as regard terminating 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 contractual relation between any subcontractor and the Owner and said subcontractor will look exclusively to contractor for any payments due subcontractor. 13. UNDERGROUND UTILITIES The Contractor's attention is directed to the fact that pipelines and other underground installations as may be shown of the plans have been taken from the best available information. There may be other pipelines or installations. The Contractor shall save harmless the City from any and all suits or claims resulting from damage by his operations to any pipeline or underground installation. It is the Contractor's responsibility, during the period of street construction, to insure that all utility cuts in the limits of street construction have been properly backfilled, compacted and the top 6" inches backfilled with 3-sack concrete. It is not the intent to require the Contractor to provide for the utility cut repair but for the individual utility company making the cut to provide their own repairs. l r- SC-8 In the case Contractor repair the unit price of a City underground installation, the may be required, at the Engineer's option, to cut with 3-sack cement stabilized caliche at the bid. 14. WORKING HOURS Construction work under this contract requiring an inspector i will not be performed on weekends or holidays unless the following conditions exist: (A) The project being constructed is essential to the City of Lubbock's ability to provide the necessary services to it's citizens. r (B) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provi- sions of the contract and Contractor can show he has made a diligent effort to complete the contract within allotted time. Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three (3) full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative, In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. No work will be allowed from November 1st through January 2nd unless approved by the Engineer. 15. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment. Owner's Representative shall review said application for partial payment and the progress of the work SC-9 r�- r"e made by the Contractor and if found to be in order shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. 16. CORRECTION OF WORK AFTER FINAL PAYMENT Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for faulty materials or workmanship, and he shall remedy defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from date of final acceptance of the ,.- project. The Owner or the Owner's Representative shall give �! notice of observed defects with reasonable promptness. 17. EXTENSION OF TIME - TIME FOR COMPLETION An extension of time will not be allowed on this project. The project completion will be based on working days allowed instead of calendar days allowed. All places in these documents referring to the number of calendar days to complete the project are hereby revised and termed the number of working days to complete the project. A working day is defined as a calendar day, not including Saturdays, Sundays, or designated City of Lubbock holidays, in which weather or other conditions not under the control of r- the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m. For every Saturday or designated City of Lubbock holiday on which the Contractor chooses and has the proper authorization to work, one day will be charged against the contract working time when weather conditions will permit seven (7) hours of work as delineated above. Work on Sunday will not be permitted except in cases of extreme emergency and then only with the written permission of the Engineer. If Sunday work r. is permitted, working time will be charged on the same basis as week days. The Contractor shall complete the work within the number of r working days stated in these documents. For the purpose of computation, working days will be considered to begin with the effective date stated in the "Notice to Proceed". r SC-10 PM 1 The Engineer will furnish the Contractor a monthly statement showing number of working days charged during the month, r total number of working days allowed in contract, and the working days remaining under contract. The Contractor will be allowed ten (10) days in which to protest the correctness 7 of the statement. This protest shall be in writing, and shall show cause. Not filing a protest within the allowed ten (10) days for any statement will indicate the r. Contractor's approval of the time charges as shown on that time statement and future consideration of that statement will not be permitted. If the satisfactory completion of the contract shall require unforseen work or work and materials r in greater amounts than these set forth in the contract, then L additional working days or suspension of time charge will be allowed the Contractor equal to the time which, in the �- opinion of the Engineer, the work as a whole is delayed. If the Contractor fails to complete the contract in the working days specified, the stated liquidated damages will be charged for each working day thereafter. 7 SC-11 CITY OF LUBBOCK COMMUNITY DEVELOPMENT BLACK GRANT PROGRAM SPECIFICATIONS FOR TITLE: ARNETT BENSON SIDEWALK PROJECT ADDRESS: ARNETT BENSON I CDWO 3113-592601-0001 BID NO.: 12515 CONTRACT PREPARED BY: PURCHASING DEPARTMENT INDEX 1. NOTICE TO BIDDERS 2. INFORMATION FOR BIDDERS 3. BID PROPOSAL - BID FOR LUMP SUM CONTRACTS 4. BID PROPOSAL - BID FOR UNIT PRICE 5. PAYMENT BOND (FOR CONTRACTS IN EXCESS OF $25,000) 6. PERFORMANCE BOND (FOR CONTRACTS IN EXCESS OF $25,000) 7. CERTIFICATE OF INSURANCE B. HUD CERTIFICATIONS - 9. CONTRACT 10. GENERAL CONDITIONS OF THE AGREEMENT 11. EXHIBITS .A. Copeland Anti -Kickback Regulations B. Current Wage Determinations 12. SPECIAL CONDITIONS OF THE AGREEMENT -13. SPECIFICATIONS (TO BE PROVIDED BY ENGINEERS) 14. SPECIAL CONDITIONS (TO BE PROVIDED BY ENGINEERS) 15. NOTICE OF ACCEPTANCE f f 1- l ' NOTICE TO BIDDERS I� 4 i { pm* C i � NOTICE TO BIDDERS CDWO 3113-592601-0001 COMMUNITY DEVELOPMENT BLOCK GRANT E. CITY OF LUBBOCK r. BID # 12515 r i F 7 Sealed proposals addressed to Ron Shuffield, Senior Buyer, 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 25th day of March. 1993, 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 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 bid bond in the amount of 5% of the total bid and the successful 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 on file at the Purchasing Office and may be obtained at the office of Ron Shuffield, Senior Buyer, Room L-04, Municipal Building, 1625 13th Street, Lubbock, Texas, 79401. There will be a pre -bid conference on March 18. 1993 at :00 o'clock a.m., Personnel Conference Room 108, Municipal Building, 1625 13th Street. CITY OF LUBBOCK, TEXAS C BY: PO VIEL Senior Buyer r� i f t r ADVERTISEMENT FOR BIDS BID / 12515 Sealed proposals addressed to Ron Shuffield, Senior Buyer, City of Lubbock, Texas, will be received at the Purchasing Office, Municipal Building, 1625 13th Street, Rose L-04, Lubbock, Texas, 79401 until 2:00 o'clock P.m. on the 25th day of March. 1993, 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 DENSON SIDEWALK PROJECT After the expiration of the time and date above first written, said sealed proposals will be opened by the Buyer 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 l 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, disability, or national origin in consideration for an award. There will be a prebid conference on 18th day of March. 1993, at 11:00 o'clock a.m., Purchasing Conference Room, L04, Municipal Building, 1625 13th Street, Lubbock, Texas. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre - bid meetings and bid openings are available to all persons regardless of disability. If you would like bid Information made available in a more accessible format or if you require assistance, please contact the Purchasing Department at (806) 767-2167 (Monday -Friday, 8:00 - 5:00 p.m.) or 1625 13th Street Room L-04 at least 48 hours in advance of the meeting. CITY F LUBBOCK ROM SHU FIELD SENIOR BUYER F r.. F, 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 r• provision, by submission of its bid or proposal, the bidder certifies that it - (1) Is not a Contractor of a foreign country included on the list of countries that discriminate against U.S. firms t published by the Office of the United States Trade Representative (USTR) (see paragraph (h) of this provision); (2) Has not or will not enter into any subcontract with a subcontractor of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR; and (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. 'r' (c) Inability to certify. A bidder unable to certify in accordance 4_ 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- (f) Restrictions on contract award. Unless a waiver to these iG, 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 r- i r 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. (Seal if Bidder is a Corporation) ATTEST: Secretary !� IeA o C/& Cr-) .5 -IrIJC 1�/DG') Ca Contractor By i24z,,2 n a,-W /�I e s de vl �- 7 i INFORMATION FOR BIDDERS 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.Ron Shuffield, Senior Buyer, City of Lubbock, Texas until 2:00 o'clock p.m., on the 25th day of March. 1993, and then at said office publicly opened and read aloud. The envelopes containing the bids must be sealed, addressed to Ron Shuffield, Senior Buyer, at Municipal Building, 1625 13th Street, (Room L04), 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 r considered. No bidder may withdraw a bid within thirty (30) days after the actual date of the opening thereof. I" 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 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 telegre- 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 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 51V 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 - 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 Q 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 r" to fully complete the project within (60) SIXTY working days l thereafter. Bidder must agree also to pay as liquidated damages the sum of $50.00 (Fifty dollars) for each consecutive calendar day thereafter in which they project is not fully completed. S. 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 )ton Shuffield. Senior Buyer. at P.OBox 2000. Lubbock. TX 79457 and to be given consideration must be received at least five r' (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 i„ 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 I 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 current Best Rating of P or superior, as the rating of the bond company is a factor that will be considered in- determination the lowest responsible 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., 124 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 authoritieshaving 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 - r r be thoroughly familiar with the plans and Contract Documents ,. as defined in the General Conditions. The failure or g 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. 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. The fact that 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 The Contractor shall be responsible for the care, preser- vation, conservation and protection of all materials, ^" 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 r- 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 the bidder. (c) An equipment schedule. 18. Protection of SubsurfaceLines`and Structures It shall be the Contractor's responsibility to prosecute the work contemplated by the ContractDocuments in such away as to exercise due care to locate and prevent damage to all underground pipelines, 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 - _r. i 20. Provisions Concerning Escalator Clauses r 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) BID PROPOSAL - BID FOR UNIT PRICE (THIS PAGE LEFT BLANK INTENTIONALLY) f i BID PROPOSAL BID FOR UNIT PRICE PLACE Z- &'h 610C k . —le Y06 DATE %Y7crk-CGS 6 PROJECT NO. 2 S/ S Proposal of k'LiO de, Cd�✓J57'�r�/C 7�/a 0 �c�. (hereinafter called "Bidder") To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called "Owner") Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of g r h eZ;f' j3P S n P-7 S � d ra lit/ c:u i /� .a r� � ," P r' •�- 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 accordance with the plans, specifications and Contract Documents, within the time set forth therein and at the prices stated in Exhibit "A". I The Bidder binds himself on acceptance of his proposal to execute a Contract and any required bonds, according to the r. accompanying forms, for performing and completing the said work E within the time stated and for the prices stated in Exhibit "A" of this proposal. 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 % O consecutive calendar days thereafter, as stipulated in the specifications and other Contract Documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $ 6-6.O n 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. i 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 a Cashier's Check or Certi— fied Check for Dollars ($ , or a Proposal Bond in the sum of Dollars ($ which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary Contract Documents and the required bonds (if any) within ten (10) 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 his inspection in accordance with the Notice to Bidders. (Seal if Bidder is a Corporation) ATTEST: Secretary F /f h o c& -I r tic 7 I-io loco Contractor BQ�� �-- N b BID PROPOSAL BID FOR UNIT PRICE CONTRACTS Item Quantities Per Total No. & Units Description of Item & Unit Prices Unit Amount --------------------------------------------------------------------------------- 1. 1,970 S.Y. Type I, Class A Concrete Sidewalk 4" thick including site clearance and subgrade preparation; complete in place, per square yard; r SERVICES J-'78/ioo ($ 7, �7 P )$/S3z , a MATERIALS:J_a,_ •- 6"6/14o Q� a�Q ($ 76- )$14-<fl13, 2a TOTAL-, �.;C art 2. .� 3¢/iD o C�� �� (S1S 34-- ) $ 4 2 D T --� 2. 200 S.Y. Type I, Class A Concrete Driveway Approach, 4" thick, including site clearance and subgrade preparation; complete in place per square yard; SERVICES ZS/ioD oe-&qA-P-4$ 7, 2-R $ l 6-6z MATERIALS: �'a�,- �6�ioo aka-�cc ($_ 6. $ 773Z Z TOTAL:.? (S ?4- )S 3. 25 S.Y. Type I, Class E Concrete Alley Return, 6" Thick, including site clearance and subgrade preparation; complete in place, per square yard; r- SERYICES:,, ,9�,c2 �iuJ dD r9 ioay�S_ 1 $ 3SZ.2- S— MAT ERIALS ,e,4ZC 4,e_-_Z -D 4,6 zj1,00 Wy/ AA$ ) $G O �TOTAL:' "c - �c SS me o-lPc. 3�•SS^ )S /S.7S I r k r L BID PROPOSAL BID FOR UNIT PRICE CONTRACTS Item Quantities Per Total No. & Units Description of Item & Unit Prices Unit Amount ------------------------------------ 7-------------------------------------------- 4. 55 L.F. Curb and Gutter construction, 30" with 6" curb, including site clearance, subgrade preparation, and pavement patching; complete in place per linear foot; SERVICES: �awu „t/oy �a �Ga,u� _ (S .G MATERIALS �, ,<-.. d- T od aka-�Ga.�-a— (S 5, 4l )$ TOTAL:J-2� 061ioo 5. 100 S.Y. Concrete sidewalk removal and legal disposal; per square yard; SERVICES:�1-Q/� MATERIALS: rs 2e_ 1- D ($ U )$ a TOTAL :c--,< 2v-v f�,c��/n n��- ' ��.�c� ($ � Ste) $ .: 8 6. 55 L.F. Concrete Curb and Gutter removal and legal disposal; per linear foot; SERVICES:, do //"'s ($ 5 , I/ )$ zu i. �0 MATERIALS: $ o )$ TOTAL: r• 1 r- W BID PROPOSAL BID FOR UNIT PRICE CONTRACTS Item Quantities Per Total E. No. & Units Description of Item & Unit Prices Unit Amount --------------------------------------------------------------------------------- .a 7. 1 Each Concrete Handicap Ramp, including curb and gutter removal and replacement, concrete sidewalk adjustment, site clearance, subgrade preparation and r, specified surface and markings; per each; SERVICES MATERIAL : c., TOTAL - TOTAL $38,01S,90 1 F 1 ARNETT BENSON 311 N. Elgin 3005 Colgate 3008 Colgate 3007 & 3009 Colgate (double lot) 3010 Colgate 3014 Colgate 3016 Colgate 3015 Colgate (vacant lot) sidewalk front and on south side of the lot to the alley sidewalk front, drive approach front sidewalk front, drive approach front sidewalk front sidewalk front, drive approach front sidewalk front, drive approach front sidewalk front and on west side of lot the to the alley sidewalk on the west side of the lot to the alley, drive approach side e 3001 Baylor sidewalk front and on the east side of the 3002 Baylor lot to the alley, drive approach side sidewalk front and on the east side of the lot to the alley, drive approach front ` 3003 Baylor sidewalk front 3004- Baylor l sidewalk front 3005 Baylor sidewalk front, drive approach pp h front I t: 3006 Baylor sidewalk front, drive approach front Baylor I3008 sidewalk front 3007 Baylor replace existing sidewalk front, install new sidewalk on unfinished portion of lot front 3009 Baylor sidewalk front, drive approach front 3013 Baylor sidewalk front, drive approach front ` 3014 Baylor drive approach front I �. 3016 Baylor (vacant lot) sidewalk front and on west side of the lot to the alley E: 1. CNA INSURANCE COMPANIES BID BOND KNOW ALL MEN BY THESE PRESENTS: That we Rhode Construction Company Lubbock, Texas , Principal, and Continental Casualty Company Surety, are held and firmly bound unto CITY OF LUBBOCK Obligee, In the sum of Five Percent of Greatest Amount Bid---------- --- —__ Dollars ($--------5%-- --) for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted or Is about to submit a proposal to Obligee on a contract for ARNETT BENSON SIDEWALK PROJECT BID #12515 NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specified, enter Into the contract in writing and give such bond or bonds as may be specified In the bidding or contract documents with surety acceptable to Obligee; or If Principal shall fall to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. Signed, sealed and dated MARCH 25, 1993 G-104684-A r� Pun CHA f For Ali the Commitments You Make$ 4 Rhode Construction Comaan (Principal) by �� tiv►-�w•� 4. ��___. (Seal) CARMAN G. RHODE, PRESIDENT Continental Casualty Company--? (Surety) by HOWARD COWAN Attomey-in-Fact Continental Casualty Company l CHA For All I he I bm mil nw•ni. lmi MALe AN ILLINOIS CORPORATION POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men by these Presents, That CONTINENTAL CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Illinois, and having its principal office in the City of Chicago an St to of Illinois does hereby make. constitute and ap Dint, Howard Cowan Mike Henthorn Ron S roman, tar�a �to ers, fete Bin el i �Cevin J. Dunn, Angle Goff, Nara Hill, Individually of Lubbock, Texas Its true and lawful Attorney -in -fact with full power and authority hereby conferred to sign, seal and execute in its behalf bonds, undertakings and other obligatory Instruments of similar nature - In Unlimited Amounts - and to bind CONTINENTAL CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of CONTINENTAL CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article IX —Execution of Documents Section 3. Appointment of Attorney -in -fact. The President or a Vice President may, from time to time, appoint by writtencertificates attorneys -in -fact to act in behalf of the Company in the excecution of policies of Insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President or the Board of Directors may at any time revoke all power and authority previously given to any attorney-ih-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 3rd day of April, 1957. 7 "Resolved, that the signature of the President or Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of.any such power, and any power or certificate bearing such facsimile signatures and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and bindino on the Company." In Witness Whereof, CONTINENTAL CASUALTY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 24th day of November 19 92 r cAsCONTINENTAL CASUALTY COMPANY u.4 State of Illinois I i �v�••. County of Cook I ss I SEAL J. E. Purtell Vice President. b 24th November 92 On this day of . 19 ,before me personally tame J. E. Purtell, to me known, who, being by me duly sworn, did depose and say: that he resides in the Viltage of Glenview, State of Illinois: that he Is a Vice -President of CONTINENTAL CASUALTY COMPANY, the corporation described in and which executed the above instrument: that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the ad and deed of said corporation. r NOTARY W PUBLIC Linda C. Dempsey NPIM Public. My Commission Expires Octob 19, CERTIFICATE r I, Robert E. Ayo, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, do hereby certify that the Power of Attorney ref above set forth is still in force, and further certify that Sedan 3 of Article IX of the By -Laws of the Company and the Resolution of the Board edors, set forth in said Power of Attorney are still in force. In testimony whereof I have hereunto subscribed my name and affixed the sea93 the said Company this 25TH day of _MARCH _ 19 r� asu,�,\ Ro rt E. Ayo Assistant Secretary w— �.� sEAI sag? r, Form 1.23142-8 INV. NO. G-57443-B r 3015 Baylor (vacant lot) sidewalk front and on west side of the lot to the alley r- 3102 Baylor sidewalk front and on the east side of the if lot to the alley, drive approach side 3101 Baylor sidewalk front and on the east side of the ' lot to the alley 3104 Baylor sidewalk front, drive approach front 3103 Baylor sidewalk front 3106 Baylor sidewalk front, drive approach front 3105 Baylor sidewalk front 3107 Baylor (vacant lot) sidewalk front 3108 Baylor sidewalk front, drive approach front 3109 Baylor sidewalk front 3111 Baylor (vacant lot) sidewalk front 3112 Baylor sidewalk front, drive approach front 3114 Baylor remove existing sidewalk (front) and install sidewalk front, also install sidewalk on the �,. west side of the lot to the alley 3113 Baylor sidewalk front and on the west side of the lot to the alley GUADALUPE On Avenue N - the undeveloped west side of the block between 1st Street and Auburn - install sidewalk On Avenue N - between 1st Street and Auburn in front of the Catholic services bldg. install 1 ramp/access way on the existing sidewalk for wheelchair access. The vacant lot on the corner of Avenue H and 1st place adjacent to the "Guadalupe" sign - install sidewalk front CHATIriAN HILL 2310 Cedar (vacant lot) sidewalk front 2314 Cedar replace existing sidewalk front 2320 Cedar (vacant lot) sidewalk front 2404 Cedar (vacant lot) sidewalk front 2406 Cedar replace existing sidewalk front to the existing drive approach, add a 2nd drive approach front, fill in curb (apprx. 12' missing) 2408 Cedar drive approach Area between (vacant lots) sidewalk front 2412 & 2510 Cedar 2512 Cedar (vacant lot) sidewalk front and on south side of the lot to the alley 2507 Cedar (vacant lot) sidewalk front 2505 Cedar- replace existing sidewalk front 2407 Cedar replace existing sidewalk front, install drive approach Alley on 23rd between Birch & Cedar install an alley return PAYMENT POND (THIS PAGE LEFT BLANK INTENTIONALLY) 7 Ma 73 r 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 COUNTY OF a - lubbock KNOW ALL MEN BY THESE PRESENTS: That 0 we 0 ) ( 2 ) CORPORATION called Principal, and ,�f ic , State of Illinois , hereinefft r- called the urety are held firmly bound unto Z4) of Lubbock , here' of er called Owner, and unto all persons, firms and corporations who may furnish materials for, or perform labor upon the building or improvements hereinafter referred to in the penal sum o � � 40,�•A&J. ,,d 9olro� • (s 38' 0/S • go ) Dollars F9 lawful money of the United States, to be paid in tubbotk %xa: , 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. , nereinafter !���, 00 P;�JIq _,Qf THIS OBLIGATION is such that Whereas, the Principal ent red into a certain Contract with (6) 61a � eVJ froeL dated tkfe v%Z i:k day of (24!66:l • , 19_LY3 , a copy of which is hereto attached andvmade apart hereof, for the construc- tion of: aT}HCVFFV0 ' 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�Vj6lst Legislature, p. 1390, ch. 422, Sec. 1, `effective"3une 2, 1969, supplying labor and materials in the prosecution; -of the work provided for in said Contract,;thEn-this obffg'at10r!'shall be null and void, otherwise, it shall remain in "fuil`'force and effect. This bond is made and entered into FsQl,ly f`0,� E'he protection of all claimants supplying labor and mater`iais 'in th'e 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 BOND CHECK BEST RATING LICENSED IN TEXAS DATE BY t Article 5160, Revised Civil Statutes of Texas, 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. a a�l action be filed upon this bond, venue shall lie in AA[l) k 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 Conti _&'-bg performed thereunder or the specificatiop,anying ,the same , shall in ., }arny , wise affect its obligation `°6 `this ''bond, 'f`nd "said Surety does .*Kereby waive notice ofd;ahy such change, extension of time, siteration or addition to the terms of the Contract or to the work or to.thwr.gpecifications...__ PROVIDED FURTHER:, that no.final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder_ whose claim^may be unsatisfied. IN WITNESS WHEREOF,. this instrument isF_6x`16ted in six counterparts, each one of which shall be deemed an original, this the a( l day of _ , 19 cl3 ATTEST: P14 r'n ipal) S tary (SEAL) RHO CONSTRUCTION COMPANY Principal . P.Q. BOX 53370, LUBBOCK, TX 79453 Address Witness as to Principal PA. BOX 53370, LUBBOCK, TX 79453 _ Address CONTINENTAL CASLKTY COMPANY Surety ATTEST: BY: Surety Secretary, - K YlN J. [3�! A' Y IN FACT -(SEAL) Address P.O. Eta�a3910 Lubbock,Texas 79453 Witness a to Surety NOTE: If Contractor is Part- P.O.Box 5t3910 nership, all partners Lubbock, Texas 79453 should execute bond. Address �_..,. �- These footnotes refer to the numbers in the body of Contract l above: Date of Bond must not be prior to date of Contract. r, e (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 (THIS PAGE LEFT BLANK INTENTIONALLY) -- r I r` i:. r l rft r' PERFORMANCE BONA (THIS PAGE LEFT BLANK INTENTIONALLY) r PERFORMANCE BOND r (Applicable on all contracts in excess of $25,000) (To be used in Texas under V.A.C.S. Art. 5160) r THE STATE OF 1'e3caS COUNTY OF L,Ubb*& KNOW ALL MEN BY THESE PRESENTS: That we (1) RHODE CONSTRUCTION Hy , ( 2 ) CORPORAlw., of LUDDOM , hereinafter called Principal, and (3) ANY of , State of , hereinafter called the S et , re held firmly bound unto- o f _ EU660& , erein t alled Owner, in the penal sum of, &446,06 of/ v o,—"--($ 38 0l5'. qo ) Dollars irVlaWful money or the Uni d States, to be paid in 5) - kbbr& -@39®! , 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. ;T#iE: CQ�NDItL N.DF THIS OBLIGATION is such that Whereas, the "Principal en�erea"into a certain Contract with (6) _'t'-rA fV.� (jO C' /L , dated Qthday of , 19 3 , a copy of which is hereto attached and ade a a part hereof, for the construction of: {z - ::C a (herein called the "work"). ~ These footnotes refer to the numbers in the body of Contract above: Date Hof on m"use$@Nat be prior to date of Contract. (11,,:`-Corret"t name of Contractor (3) Correct nam6 of Surety r, {2} - Aa!Cotp6ration, 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, specifications and Contract Documents during the original term r 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 Con - BOND CHECK BEST RATING LICENSED IN TEXAS - DATE: L7/_,z.z BY 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 ii--m.king 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 ig a., Lubb --' 3401exas, and that the said Surety, for -value L+—r? tCV received;;• iheri6y stipulates and agrees that no change;, .,ext;ension;vf!'.time, alteration or additiontothe terms pf the Contract or to the Work to be performed thereunder or the specifications accompanying the same shall in apy ,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 Contractor 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 day of , 19.U—. RNODE OONSTRUCTiON COMPANY Principal , .. ATTEST: ... _ . _._---• By �•a.�.,�+-�-�,..- �- ��� J .— P r i p a l e c t a r y P.O. BOX 53370, LUBBOCK, TX 79453 Address (SEAL) — Witness as to Principal P.O. BOX 53370, LUBBOCK, TX 79453 Address CONTINENTAL UALTY COMPANY _ Surety ATTEST: , BY: K J. — Surety Secretary Address P.O. Box 53910 (SEAL) Lubbock, Texas 79453 Witness as to Surety P.O. Box 5391Q Lubbock, Texas 794W. Address NOTE: If Contractor is Partnership, all partners should execute bond. 7 r-CNA For All the Camau®enL.l'w "&I - IMPORTANT INFORMATION FOR TEXAS POLICYHOLDERS TO OBTAIN INFORMATION OR MAKE A COMPLAINT, YOU MAY CALL OUR TOLL -FREE TELEPHONE NUMBER 1-800-262-1113 ALSO YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE TO OBTAIN INFORMATION ON COMPANIES, COVERAGES, RIGHTS OR COMPLAINTS AT r• 1-800-252-3439 YOU MAY WRITE 7 THE TEXAS DEPARTMENT OF INSURANCE ` PO BOX 149104 r- AUSTIN TX 76714 9104 FAX (512) 4754771 w PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim, you should contact your agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. r G-53752-D42-D 7 Continental Casualty Company CNA For .AItIh.-1 nrttmitnw•nt.tiou StaYr AN ILLINOIS CORPORATION POO POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men by these Presents, That CONTINENTAL CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Illinois, and having its principal office in the City of Chicago an State of Illinois. does hereby make. constitute and apPDint Howard Cowan Mike Henthorn, Ron Stroman, -- I'a Ro ers, Pete Binggeli, KeY1n J. Dunn, Angie Goff, Mara Hi I I , IndividLi-a-ITy of Lubbock, Texas Its true and lawful Attorney -in -fact with full power and authority hereby conferred to sign, seat and execute in its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind CONTINENTAL CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of CONTINENTAL CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article iX—Execution of Documents Section 3. Appointment of Attorney -in -fact. The President or a Vice President may, from time to time, appoint by writtencertificates attorneys -in -fact to act in behalf of the Company in the excecution of policies of insurance, bonds, undertakings and other obligatory Instruments of like nature. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President or the Board of Directors may at any time revoke all power and authority previously given to any attorney -In -fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 3rd day of April, 1957. i "Resolved, that the signature of the President or Vice President and the seat of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signatures and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." In Witness Whereof, CONTINENTAL CASUALTY COMPANY has caused these presents to be signed by its Vice President and its �. corporate seal to be hereto affixed on this 24th day of November 19 92 CONTINENTAL CASUALTY COMPANY L t� tJ�S1y��r State of Illinois I ss i cdra„r� County of Cook 1 • SEAL "^ J. E. Purtell Vice President. On this 24th November 2 y , before me personally came J. E. Purtell, to me known, who. being by me duly sworn, did depose and say: that he resides in the Village of Glenview, State of Illinois: that he is a Vice -President of CONTINENTAL CASUALTY COMPANY, the corporation described in and which executed the above instrument. that he knows the seal of said Corporation; that the seat affixed to the said instrument is such corporate seal; that it was so affixed pursuant to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name �. thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. Do Nl'A" uauc nteo� •�Linda C. Dempsey Public. My Commission Expires Octob 19, CERTIFICATE I. Robert E. Ayo, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, do hereby certify that the Power of Attorney h ref above set forth l is stilt in force, and further certify that Seaton 3 of Article IX of the By -Laws of the Company, and the Resolution of the Board ecfors, set forth in said Power of Attorney are still to force. In testimony whereof I have hereunto subscribed My name and affixed the seal of the said Company this 26TH day of APRIL 19 93 r• 9 Roliert E. Ayo Assistant Secretary r > • SEAL Form 1.23142-8 INV, NO. G-57"3-E CERTIFICATE OF INSURANCE (THIS PAGE LEFT BLANK INTENTIONALLY) ..e —PRODUCER Trte Irtl,i?st Group, Irlc thidl-arid , Tex r i 7C15 I INSURED RHODE CONSTRUCTION COMPfAf4`f F . O _ Box 5ZZ7U j Lubbock TX 79453 • m. ISSUE DATE (MIkDC.wt 4/26/93 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE I COMPANY A LETTEP I-IL_'IZ C lfl<;-:' Irl;Ll_+r"i:f'iC COMPANY B LETTEf' 1r`'t3t-t'S Fund 1t-izur%nce Co. COMPANY C LETTER ROy`1 ''kAt*p1U5 Lir-tes Ir-ts; . Cka COMPANY D LETTER ;:i t . Paul Irt_xl-/r yanc-e Co. . COMPANY E LETTER { THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS p, 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. III���""" I CO ILTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS -)GENERAL LIABILITY czy -Cori 123 1 0/0 1 /'9 2 1 U/U 1 /9 3 BODILY INJURY OCC. S >'> COMPREHENSIVE FORM BODILY INJURY AGG. $ X> PREMISESIOPERATIONS PROPERTY DAMAGE OCC. S ?() UNDERGROUND EXPLOSION & COLLAPSE HAZARD PROPERTY DAMAGE AGG. $ BI & PO COMBINED OCC. S 1 GRJi 1�GG X> PRODUCTS/COMPLETED OPER. CONTRACTUAL Y� BI & PO COMBINED AGG. S 4 1 v Li Li U ,J C) INDEPENDENT CONTRACTORS PERSONAL INJURY AGG. E Li V tJ IJ li Li I BROAD FORM PROPERTY DAMAGE >,Y PERSONAL INJURY AUTOMOBILE LIABILITY ANY AUTO 1`l,iNbE,?b.'3c 1 (3/(i 1 % si2 1 U/Li 1 /oi _1 BODILY INJURY (Per person) S ALL OWNED AUTOS ( Priv. Pass. ) Other Than ALL OWNED AUTOS (Priv. Pass ) (Per a` eiden )RY E 7 HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE S /% GARAGE LIABILITY BODILY INJURY & PROPERTY DAMAGE COMBINED III LI%iCiCi 1 UU EXCESS LIABILITY KNU CJ 6`/9 1 U/ U 1 /`9/2 1 U/ U 1 /9 3 EACH OCCURRENCE $ i U U U U U U U ' R1 UMBRELLA FORM AGGREGATE i 1 LiLiUIJUUI� OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION WVA9 10 1 U7 1 1 0/U 1 /92 1U/01/97, STATUTORY LIMITS EACH ACCIDENT E 5 Li Li Ij Li AND DISEASE —POLICY LIMIT $ 5000QI.) EMPLOYERS' LIABILITY DISEASE —EACH EMPLOYEE S 500066 OTHER *Pertaining to P oducts/Comp. Gps.IUnly DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS RE: CITY OF LUBBOCK - ARNETT BENSON SIDEWALK PROJECT. BID #12515. WAIVER OF SUBROGATION & AnnTTTONAT, TNSURED TN FAVOR OF CITY OF LUBBOCK. CITY OF LUBBOCK P. 0. BOX 2000 ILUBBOCK, TEXAS t� I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 79457 MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY ITS AGENTS OR . PRESEN ATIVES. AUTHORIZED REPRESENTATIVE _liq i Fl. _ rj HUD CERTIFICATIONS SECTION 3/STATEMENT OF WORK FORCE NEEDS (IN EXCESS OF $10,000) (THIS PAGE LEFT BLANK INTENTIONALLY) 71: F U.S. Department of Housing Supplement t0 the and Urban Development Q General Conditions of the Public and Indian Hosing Contract for Construction 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 Unis 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. m 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 des(jnee 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 121"140.) not less than those contained In the wage determination of the (d) The wage rate (including fringe benefits where ap- Secretary of Labor which Is attached hereto and made a part propriate) determined pursuant to subparagraphs A.1.(ii)(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 (ill) 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)(Igiv); 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. (Iv) If the contractor does not make payments to a trustee or Such laborers and mechanics shall be paid the appropriate 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 is performed. The wage determina- (Approved by the Office of Management and Budget.uneer OMB tion (including any additional classification and wage rates con- Control Number 1215.0140.) formed under 29 CFR Part 5 5(a)(lxii) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its Subcontractors at the site of the work in a prominent and ac• eessible place where It can be easily seen by the workers. plXa) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classifiea• tion and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested Is not performed by a classification In the wage 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 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements. which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages re- quired by the contract. In the event of failure to pay any laborer or mechanic, inlcuding any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract. HUD or its 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 t1.87 ( HB 7417.1 & 7417.1 REV-t 4 qualified applicants will receive consideration for employment struction work: Provided, that if the applicant so participating Is a without regard to race, color. religion, sex, or national origin. 'State or loca! government, the above equal opportunity clause It C. The Contractor will send to each labor union or represen• •'1' 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 wont on or under the ment or other contract or understanding a notice to be provided contract. r:: •:' J: +;: • s'�"' v.ft ,. advising the said labor union or workers representatives of the ` L The applicant agrees that It will assist and cooperate actively ; Contractor's 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 compliance of contractors and subcontractors with the plicants for employment. .the equal opportunity clause and the rules, regulations, and relevant 0. The Contractor will comply with all provisions of Executive 'r 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 Secretaty: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 811 information and reports re .; .,, �!�. "• agency's primary responsibility for securing compliance. quired by Executive Order 11246 of September 24, 1965, and by • ., J. The applicant further agrees that it will refrain from entering If rules, regulations, and orders of the Secretary of Labor, or pur- to any contract or contract modification subject to Executive Order suant thereto, and will permit access to Its books, records, and ` 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 an federally assisted construction contracts pursuant to the Exeeutivi F. in the event of the Contractors 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• e'; 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 Labor pursuant to Part 11, Subpart D of the Executive may be declared ineligible for further government contracts or : ` order. In addition, the applicant agrees that if it faits or refuses to federally assisted construction contracts in accordance with pro- comply with these undertakings, the administering agency may take eedures authorized in Executive Order 11246 of September 24, any or all of the following actions: Cancel, terminate, or suspend In , 1965, and such other sanctions may be Imposed and remedies • ` 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 und: 1965, or by male, regulations or order of the Secretary of Labor, the program with respect to which the failure or refund occurred or as otherwise provided by law. •+• -•• '• 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 mediately preceding paragraph A and the provisions of Justice for appropriate legal proceedings. �.. •• • t '=.'•4=' _ paragraphs A through G in every subcontract or purchase order U • - �+ . '''`•', `k't =�� ^r. 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 r- 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 of Labor may direct as a means of enforcing such pro -...assistance from the Department of Housing and Urban Develop - visions. including sanctions for noncompliance. Provided,,.. merit 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, ►ltigation 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 r 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 in substantial ment practices when it participates In federaly assisted con- . part t personsresiding in the same metropolitan area (ornonm r C► a:. .. s • rai y t it f ,,3t t , county the project. :'• ' , '' .� (,?r.Ito•Y'vi{!7!-:11C.;3a;'4l.?•rit`?rk�1 !1 'i, Ji�i.lLye4!1:7. °,1GA.4.::C.r °?i'�il#1'f:4 �!'' t i .• t,..�e'O.. iw• *.r,^i• :. -. &r. is•ir:yr.�!f.� 'J7 .:l3'1�%i �rl: V:�q�Y 'cli,11 �•GY!' t:iS.i /.^a1il::.d;•if r • .y(•1� 4 ►.. ty 7.aR. i .I+'. •hu, .z;Ms �tK a: _�«�= .��,�:.ttso.vi t; a,�,nr::t,,:-..;;i�,,:�r•,:a:.'u, , �.;- •;,.%i: •:•'•'•. °,i.: ;:r�'' A='��;'clanyl�u :anti. "wJ�4%fit, ��!ii_.y1r�i :eiai.,. u�� ,l:i+.�3rts:..1r:Yi I..JL4•i�. �f.a:aJ�•xa'' "', ... ,• . .: ,�� . ' • ('�' :� i!.. 3 a. -.� '\.:y i Y . •p... -'`-4 '1.�•:�r�'•b..li�r�4.{fl!:t?riltd. �Cy:,Ja.ltai•�;fr.,. O,� 6!:l:,t1U .' ;.1 '�` — '.f•.t •a• 1:,',i�... �.�'i f -, . -. ;�'„: j :, :'�• •i: ,sh' r.i :i;'►�i.•'CK'(.�l �.:;,�, fit .'tr`f`+r J:u !, i•Ih .. ; r="+t r s t �f. , +';►'(•�:<.: is �to;'Lq .'jaiYfwsJ»S! alp , •� =: r.:: r' �y jh. 1i , ii • .,i� ', __� •i; .t?'.. r• ,1 :aa N• A.. •.1 ,.: +•' . ,.r•f r : .:.. P1 aytr ",• ,r..•i g.rq`r- •i `{ ri ='1, •r, ?'�, i r z ..�rir t:"me.03 t-r.. • +• ~. v :i 1 �•.....1 fr•ti: n`y!�!I _ �... 1Jf'Z•`y1J1�.•. Aa,T tf• ..;� 1 ? ' y ; is .i.1._ :.1 t!w t'• • iL 1 ' - � . .. � s• �'f,: .. ,-"-• - iA I •, .,.. ..fit �`—--...__...... _.. ,.•-_...._.r..�.._ ....,..�_ Page 4 of 4 Pages ----—ti-------- r CONTRACTOR INFORMATION TO: City . of Lubbock DATE: - Z 7 - 513 P.O. Box 2000 ' Lubbock, Texas 79457 PROJECT NUMBER CDW0: /ZS/, - r PROJECT NAME:/qrrleff-g�u�so7 r.;r�©1 i 1. The undersigned, having submitted a bid to the City of. Lubbock for the construction of the above identified _ project, certifies that: t (a) The legal name and business address (including zip r code) of the undersigned is: l ' ,lode Cel":5V,-00/1-0 # 1 Cm� a Al 2. The undersigned is: (a) A single proprietorship (list sole owner) (b) A partnership (list all partners) (c) �_ A corporation (names of all principals and their titles) President: Vice -President: Secretary -Treasurer: 3.. The Taxpayer Identification Number for the undersigned is (whichever is applicable): (a) Employer Identification Number (Federal Identification Number): 7,5_.... / / (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. lekP &Ie- e:�P in AkyO7<< o N ZContractor . Date Z 7 — 93 BY: 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) CONTRACT (THIS PAGE LEFT BLANK INTENTIONALLY) CONTRACT THE STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 8th day of April, 1993, by and between the City of Lubbock County of Lubbock, State of Texas, acting by and through David R. Langston, Mayor, and thereunto authorized to do so, hereinafter referred to as OWN and RHODE CONSTRUCTION COMPANY 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 f 12515 - ARNETT BENSON SIDEWALKS IN THE AMOUNT OF $38,015.90 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, 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 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 f therein. F 0 l - i . i t GENERAL CONDITIONS OF THE AGREEMENT r t, (THIS PAGE LEFT BLANK INTENTIONALLY) INDEX TO GENERAL CONDITIONS (" 1. Owner 4 2. Contractor r �. 3. Owner's Re resentative and Architect or Consulting Engineer P 4. Contract Documents 5. Interpretation of Specifications or Drawings 6. Subcontractor 7. Assignment 8. Written Notice 9. Work 10. Substantially Completed r' 11. Layout of Work t 12. Keeping of Plans and Specifications Accessible 13. Right of Entry and Inspection 14. Lines and Grades 15. Architect's Authority and Duty �^ l 16. Superintendence and Inspections 17. Contractor's Duty and Superintendence 18. Contractor's Understanding 19. Character of Workmen 20. Construction Plant �^ 21. Sanitation 22. Observation and Testing r23. E Defects and`Their Remedies 24. Changes and Alterations 25. Extra Work r I 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 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., r- Sections 327-332) ` 51. Employment of Apprentices/Trainees l `- 52. Employment of Certain Persons Prohibited 53. Regulations Pursuant to So -Called "Anti -Kickback Act" 54. Complaints, Proceedings or Testimony by Employees .w 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 OM 65. Abandonment by Contractor 66. Abandonment by Owner r- G 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 r 72. Breach of Foregoing Federal Labor Standards Provisions r- 73. Interest or Member of or Delegate to Congress 74. Other Prohibited Interests r' 75. Special Equal Opportunity Provisions 76. Certification of C.ompliance with Air and Water Acts 77. Special Conditions Pertaining to Hazards Safety Standards and Accident Prevention 78. Nondiscrimination against the handicapped (Sec. 504) 71 r GENERAL CONDITIONS OF THE AGREEMENT S 1. OWNER 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 Part", or "Second Party", are used, they shall be understood to mean the person, persons, co -partnership or corporation, to wit:RHODE CONSTRUCTION CO.,LUBBOCK,TEXAS, 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, f Coordinator, Community Development Department, 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 r. 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 r" ($5,000.00) Dollars or less. b. Owner has designated Tony Reyes, Community Development. Depart. to perform the duties of Architect or Consulting Engineer on the project to be constructed pursuant to this Contract. The Architect or Consulting Engineer will administer this Contract during construction and until final payment is due or until 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 Engineer. 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- r F IN WITNESS WHEREOF, the parties this contract in five (5) counterpar aove , each of original, in the year and day first menti i CITY OF resents have executed is deemed an I. L EXA O =_ RHODE CONSTRUCTION COMPANY CONTMCTOR TITLE: COMPLETE ADDRESS: BOX 53370 Lubbock, Texas 79453 r 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 r' to include all items necessary for the proper execution and E 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. F 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, r- which approval will not be given until the Contractor submits to l the Owner a written statement concerning the proposed award to the subcontractor, which statement shall contain such information as the Owner may require. The Contractor shall be as fully responsible to the Owner r, 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 r, 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. r 9. WORK The work comprises the completed construction required by 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. • - 3 - 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 and shall accomplish 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) nnQ 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. s t 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 - i -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 t 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 r" 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 - The Architect will review and priate action upon the Contractor's Drawings, Product Data and Samples, the design concept of the work and the Contract Documents. approve or take other appro- submittals, such as Shop but only, for conformance with with the information given in 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 - 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 requirements 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 - f Y - i 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 e 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 r- 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. r 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 E work under this Contract.No verbal agreement or conversation with any officer, agent or,employee of the Owner, either before or after the execution of this 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. r- 20.. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary for the prosecution and com- pletion of.this 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 any part of the 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 - 8 - 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 manufactured at 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 r.. It is agreed that if the work or any part thereof or P 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 r' rebuild or otherwise remedy such work so that it shall be in full accordance with this Contract. It .is further agreed that any remedial action contemplated es 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 carry out 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 - 10 - 1 r- Owner to do so unless the Owner has previously given the Con- tractor a written acceptance of such condition. This obligation r shall survive termination of the Contract. The Owner shall give such notice promptly after discovery of the defect. 24. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of 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 r' 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 i 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 r 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 r' 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 r 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, however, to the right of the Contractor to require written E 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 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 by law 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 of these accounts 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 1000, 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 percen-t (150) 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 - Bk 4 l Method (C). The Contractor will thereby preserve the right to submit the matter of payment to arbitration, as herein below provided. 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 r, 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 ^' 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 r' 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 P Y 9 r 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. 26. 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 .. 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 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, t' - 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 - E 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 r' 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. (8) 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 G Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage r.. Personal Injury (with exclusion "c" waived) 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 ekcess 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 specifica- 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 $ 250,000 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 r in force thereunder on the date borne by such certi- ficate. r. (4) The expiration date of the policy and the limit or -- -limits of liability thereunder on the date borne by such certificate. (S) 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 r the performance of this Contract, provided such operations are required in the performance of the Contract. l (6) A provision that the policy may -be cancelled only by l 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 r. 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 thi's 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 r• 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 (S) 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 k indebtedness. - 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 suitsorclaims 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 - i- 6 The Contractor agrees that said work shall be prosecuted regularly, diligently and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed by and between r' the Contractor and the Owner that the time for the completion of t the work described herein is a reasonable time for the comple- tion of the same, taking into consideration the average climatic r 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 r 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 G such breach of Contract as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after r. the time stipulated in the Contract for completing the work. The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain, and said amount is agreed to be the amount of damages which the Owner would sustain, and said amount shall be 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. i" (b) To any unforeseeable cause beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of r, 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; 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 to 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 whole 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 agreesthat 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 justifice- 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 - r 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 r Owner or Owner's Representative for the Owner's convenience, in ! which event such expense, as in the judgment of the Owner's 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 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 l �- - 21 - 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 EsrIMATES Immediately after execution and delivery of the Contract, sn& 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 determini,ng.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'Architeat 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. r k- r 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 equipment covered 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 data comprising the Application for Payment, that the work has progressed to 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 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 (59) of the amount of each estimate until final completion and acceptance of all work covered by this Contract: r - 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,'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 CertainAmounts and Make Applica- tion Thereof: The Contractor, agrees that he will indemnify and save the Owner harmless from all claims growing out of the lawful demands of subcontractors, laborers, workmen, mechanics, mate- rialmen and furnishers of machinery and parts thereof, equip- ment, power tools and all supplies, including commissary, 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 ofwhichthe 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 - The Contractor shall promptly pay each subcontractor, upon I^ receipt of payment from the Owner, out of the amount paid to the Contractor on account of such subcontractor's work, the amount to 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 r^ SUBCONTRACTORS The Contractor and each subcontractor shall prepare their r, 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 l the Contractor shall be responsible for the submission of copies of payrolls of all subcontractors. Each such payroll shall r contain the "Weekly Statement of Compliance" set forth in Section l 3.3 of Title 29, Code of Federal Regulations. The payrolls and basic payroll records of the Contractor and each subcontractor covering all laborers and mechanics employed upon the work covered by this Contract shall be maintained during the course of the work and preserved for a period of 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 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)(8) 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 r•. program has been communicated in writing to the laborers or f t 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 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. - 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 in`d not less often than once each week, and without subsequent deduction -or rebate _ on any account (except such payroll deductions as are made r mandatory by law and such other payroll deductions as are permittedby 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 decisionofsaid Secretary of Labor (a copy of which is included in Exhibit B)'iegardless 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 employes 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 th_e 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:laborers and mechanics employed and to be employed upon the work covered by this Contract, and a statement showing all deductions, if any, in accordance with the provisions of this Contract, to be made from wages actually earned by ,persons so employed or to -be employed in such classifications, shall be posted at appropriate conspicuous points at the site of the work. 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 - • r ar r 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 r 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 met. 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 Flo - 27 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. -- ..li.Q, ..-FRI.NhE..BENEF..ITS.•N.OT ..EXPR£SSFD..AS .HOURLY WAGE 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, through the Secretary of Housing and Urban Development, to the Secretary of.Labor for determination. 50. OVERTIME COMPENSATION REQUIRED BY CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 76 STAT. 357-360: TITLE 40 U.S.C.. -- SECTIONS 327-332 (a) Overtime requirements.No Contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics, including watchmen and guards, shall require or permit any laborer or mechanic in any 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'sny subcontractor such sums as may administratively be - 28 - 1 1 l r determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for liquidated damages as provided in rthe clause set forth in paragraph (b) of this Section. (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. 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. (b) Trainees. Except as provided in 29 CFR 5.15, trainees will not be permitted to work at less than;the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior [ approval, evidenced by formal certification, by the U. S. Department of Labor, Manpower Administration, Bureau of Appren- 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 29 - a trainee rate who is not registered and participating in a training plan approved by the Bureau of Apprenticeship end 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 -pre -determined 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 States Department of Labor, made pursuant to the so-called "Anti -Kick- back Act" of June 13, 1934 (48 Stat. 9489 62 Stat. 8629 63,Stat. 1089 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 Vie 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 RFr.111 ATTnNS 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 appropriate ruling or interpretation, which shall be authori- tative and may be relied upon for the purposes of this Contract. 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. r, 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 r" be found to be completed or substantially completed in accordance tt with the Contract Documents, the Architect will then prepare a Certificate of Substantial Completion, which shall establish the Date 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 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. r- 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 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 Agreement and promptly 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, as set 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 performancebythe '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 - fi work within a reasonable ti-me, after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. 60. CORRECTION OF WORK AFTER FINAL PAYMENT Neither the final payment nor certificate nor any provision in this Contract shall relieve the Contractor of responsibility 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 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 r. 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, 4. 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 me — 33 8. 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. BELAYED 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, unless otherwise 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 oradjustment 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 Contractor of 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 arbitration 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 a, r- arbiter shall be a resident of the City of Lubbock. Should the party demanding arbitration fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the decision of the Owner's Representative shall be final and binding on him. Should the other party fail to choose an arbiter within ten (10) days, the Owner's Representative shall appoint such arbiter. Should either party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the arbiters are empowered by both parties to take Ex Parte Proceedings. 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 herenbefore 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 - FOR F 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 shall be turned over to the Contractor and/or his Surety. Should the cost to complete the work exceed the contract r` price, and the Contractor and/or his Surety fail to pay the t 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 property. After fifteen (15) days from the date of said r• notice, the Owner may sell such machinery, equipment, tools, f 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 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 r' and belong to persons other than the Contractor of his i . Surety. 66. ABANDONMENT BY OWNER In case the Owner shall fail to comply with the terms of 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 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 r. 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 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 E sums that may be retained by the Owner under the terms of this I — 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 s-sid 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 pourer 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 carryout 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 not at any 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.dispute, 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 rats payment for work actually performed, the amount of such payment to be assessed by - 38 r 4, 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. 72. BREACH OF FOREGOING FEDERAL LABOR STANDARDS PROVISIONS In addition to the causes for termination of this Contract as herein elsewhere set forth, the Local Public Agency or Public Body reserves the right to terminate this Contract if the Contractor or any subcontractor whose subcontract covers any of the work covered by this Contract shall breach any of these Federal Labor Standards Provisions. A breech of these Federal Labor Standards Provisions may also be grounds for debarment, as provided by the applicable regulations issued by the Secretary of 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 �. No official of the Owner who is authorized in such capacity and on behalf of the Owner to negotiate, make, accept or approve, 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 Contractor in any part hereof. No officer, employee, architect, attorney, engineer or inspector of or for the Owner who is authorized in such capacity and on behalf of the Owner to exercise any,'legislative, execu- tive, supervisory or other similar functions in connection with 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. 7.5. SPECIAL EQUAL OPPORTUNITY PROVISIONS A. Activities and Contracts Not Sublect 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 compense- 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 - r r t During the performance of this Contract, the Contractor agrees as follows: r (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 national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contracting Officer setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, 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 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 reports required by Executive Order 11246 of September 24, 1" 1965, and the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the Department and the r' Secretary of Labor for purposes of investigation to ascer- tain compliance with such rules, regulations and orders. (6) In the event of the Contractor's noncompliance 7 with the nondiscrimination clauses of this Contract, or with any of such rules, regulations or orders, this Contract may be cancelled, terminated or suspended in whole or in part, and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contract procedures authorized in Executive Order 11246 of F 41 - September 24, 1965, 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 (1) through (7) which follow, in every subcontract or purchase order unless exempted.by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any 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 170(u)), as amended, the HUD regulations issued pursuant thereto at 24 CFR Part 135, and any applicable rules and orders of HUD issued thereunder. (2) The "Section 3" 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 shall incorporate the "Section 3 clause" shown below and the foregoing requirements in all subcontracts. Section 3 Clause asset 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.ia 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 7 greatest extent feasible opportunities for training and employment be given lower'income residents of the project area, and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in'the area of the project. — B. The parties to this Contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development 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 at 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 114 and Section 308, and ell regulations end 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. (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 - 1 e 77. SPECIAL CONDITIONS PERTAINING TO HAZARDS SAFETY STANDARDS r AND ACCIDENT PREVENTION i. A. Lead -Based Paint Hazards 7 (Applicable to contracts and related subcontracts for i construction or rehabilitation of residential structures exceeding $100,000) rThe construction or rehabilitation of residential d 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 explosives. The Contractor shall take all necessary precautions to protect completed work, neighboring property, water lines or other underground structures. Where there is danger to structures or property from blasting, the charges shall be reduced and the material shall be covered with suitable timber, steel or rope mats. The Contractor shall notify all 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 end 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 - 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). 46 - ' EXHIBITS A. COPELAND ANTI -KICKBACK REGULATIONS B. CURRENT WAGE DETERMINATIONS (THIS PAGE LEFT BLANK INTENTIONALLY) F" EXHIBIT A ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS SO-CALLED "ANTI-KICKP.ACK 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, 19489 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 r years, or both. SECTION 2 OF THE ACT OF JUNE 13, 19349 AS AMENDED (48 Stat. 948, 62 Stat. 662, 63 Stat. 1089 72 Stat. 967, 40 U.S.C., Sec. 276c) The Secretary of Labor shall make reasonable regulations for contractors and subcontractors engaged in the construction, prosecution, completion or repair of public buildings, public _ works or buildings or works financed in whole or in part by loans or grants from the United States, including a provision that each contractor and subcontractor shall furnish weekly a statement with respect to the wages paid each employee during the preceding week. Section 1001 of Title 18 (United States Code) shall apply* to such statements. ---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 part," as used in the regulations hereinafter set forth, refers to Part 3 last above mentioned. Said regulations are a follows: TITLE 29 - LABOR Subtitle A - Office of the Secretary of Labor PART 3 - CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR PUBLIC WORK FINANCED IN WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES 7 L 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 forththecircumstances 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 brid9es, 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 building or work by the 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 r 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 mede directly or indirectly from funds provided by loans or grants by a Federal agency. The term does not include building or work for which Federal assistance is limited solely to loan guarantees or insurance. (e) Every person paid by a contractor or subcontractor in any manner for his labor in the construction, prosecution, completion, or repair of a public building or public work or building or work financed in whole or in part by loans or grants from the United States is "employed" or receiving "wages", regardless of any contractual relationship alleged to exist between him and the real employer. 4 (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- contractor, a corporation closely connected with the contractor or subcontractor as parent, subsidiary or otherwise, and an officer or agent of such corporation. (g) The term "Federal agency" means the United States, the District of Columbia, and all executive departments, independent establishments, administrative agencies, and instrumentalities of the United States and of the District of Columbia, including corporations, all or substantially all of the stock of which is beneficially owned by the United States, by the District of Columbia, or any of the foregoing departments, establishments, agencies, and instrumentalities.` Section 3.3 Weekly statement with respect to payment of wages. (a) As used in this section, the term "employee'f shall not apply to persons in classifications higher than that of laborer or mechanic and those who are the immediate supervisors of such employees. 7 (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 sectioh,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, 196` Section 3.4 Submission of weekly statements and the preservation and inspection�of weekly payroll records. (a) Each weekly statement required under Section 3.3 shall be delivered by the contractor or subcontractor; within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at 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's 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. Thepayrollrecords 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. r 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, such as Federal or State withholding income taxes and Federal social security taxes. (b) Any deduction of sums previously paid to the employee as a bona fide prepayment of wages when such prepayment is made without discount or interest. A "bona fide prepayment of wages" is considered to have been made only when cash or its equivalent has been advanced to the person employed in such manner as to give him complete freedom of disposition of the advanced funds. r, (c) Any deduction of amounts required be paid to another, unless the deduction is i, contractor, subcontractor or any affiliated collusion or collaboration exists. r by court process to in favor of the person, or when (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 deduction contributing toward 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 qu.asi- 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(s) 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 deductionis 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. ram+ Section 3.7 Applications for the approval of the Secretary of Labor. Any application for the making of payroll deductions under Section 3.6 shall comply with the requirements prescribed in the following paragraphs of this section: (a) The application shall be in writing and shall be addressed to the Secretary of Labor. (b) The application shall identify the contract or 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 circumstances. (c) The application shall state affirmatively that there is compliance with the standards set forth in the provisions of Section 3.6. The affirmation shall be accompanied by a full statement of the facts indicating such compliance. (d) The application shall include a description of the proposed deduction, the purpose to be served thereby, and the classes of laborers or mechanics from whose wages the proposed deduction would be made. (e) The application shall state the name and business of any third person to whom any funds obtained from the proposed deductions are to be transmitted and the affiliation of such person, if any, with the applicant. Section 3.8 Action by the Secretary of Labor upon applications.• The Secretary of Labor shall decide whether or not the requested deduction is permissible under provisions of Section 3.6; and shall notify the applicant in writing of his decision. Section 3.9 Prohibited payroll deductions.. 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. r Section 3.11 Regulations part of contract. r- All contracts made with respect to the construction, j prosecution, completion, or repair of any public building or r 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. EXHIBIT B WAGE DETERMINATIONS (Obtain from Community Development Office) Subject to Change 10 Days Prior to Bid Opening (THIS PAGE LEFT BLANK INTENTIONALLY) General Decision Number TX910028//� Superseded General Decision No. TX900020. State: TEXAS Construction Type: Highway County(ies): ECTOR MIDLAND RANDALL LUBBOCK POTTER TAYLOR TOM GREEN HEAVY (excluding tunnels & dams) and HIGHWAY PROJECTS (does not include building structures in rest area projects). Modification Number Publication Date 1 12/13/1991 TX910028 - 1 COUNTY(ies): ECTOR MIDLAND RANDALL TOM GREEN LUBBOCK POTTER TAYLOR Craft Group Name: Craft/Rate Text Block: SUTX2037A 1 11/13/1991 r- 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 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 r TX910028 - 2 0- FORM SETTER -STRUCTURES 7.839 FORM SETTER HELPER STRUCTURES 6.479 LABORER -COMMON 6.018 LABORER UTILITY 7.102 MECHANIC 10.282 MECHANIC HELPER 8.000 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 CONCRETE PAVING JOINT SEALER 7.750 CONCRETE PAVING SAW 10.063 CONCRETE PAVING SPREADER 9.100 RFTNFnRCTwr. STEEL MACHINE 6.500 SLIPFORM MACHINE OPERATOR 9.000 CRANE, CLAMSHELL, BACKHOE DERRICK, DRAGLINE, SHOVEL LESS THAN 1 1/2 C.Y. 8.574 CRANE, CLAMSHELL, BACKHOE DERRICK, DRAGLINE, SHOVEL 1 1/2 C.Y. & OVER 10.043 CRUSHER OR SCREENING PLANT OPERATOR 7.500 FOUNDATION DRILL OPERATOR CRAWLER MOUNTED 9.000 TX910026 - 3 FOUNDATION DRILL OPERATOR TRUCK MOUNTED 10.750 FOUNDATION DRILL OPERATOR HELPER 7.050 FRONT END LOADER - 2 1/2 C.Y. - & LESS 7.458 FRONT END LOADER - OVER 2 1/2 ._ C.Y. 7.669 HOIST - DOUBLE DRUM 8.100 MOTOR GRADER OPERATOR FINE GRt,DE 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-UVER 17 C.Y. 7.655 SIDE BOOM 6.350 TRACTOR -CRAWLER TYPE 150 HP -- i-,::D 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 -- HELPER 7.772 f TX910028 - 4 r STEEL WORKER - STRUCTURAL 9.000 1 STEEL WORKER HELPER STRUCTURAL 6.250 SPREADER BOX OPERATOR 7.332 r IV 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 r 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)) . L; END OF GENERAL DECISION -l; TX910028 - 5 r FPae :3 , Labor Standards Provisions Applrca bilrty The Proles or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (i) Minimum Wages. All laborers and mechanics employed or work- ing upon the site of the work (or under the United States Housing Act of 1937 or under the Housing ACt Of 1949 in the construction or development' . of the project), will be paid unconditionally and not less often than once a week. and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of labor under the Copeland Act 122 CFR Part 3L the full amount of wages and bona fide fringe benefits for cash equivalents triereoQ due at time of payment computed at rates not less than those contained in the wage dexrrtunation of the Secretary of tabor which is attached hereto and Inade a part hereof, regardless of any contracturat relationship which may be alleged to exist between the contractor and such laborers and tnecrialrum Contributions made or costs reasonably anticipated for bona fide hinge benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf of taborets Or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR-SS(a)(1 xivy also, regular Contributions made or costs incurred for more than a weekly period (but not lest often than quarterly) under plans. funds. or programs, which cover the particular weekty period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe oeneirts on the wage determination for the ciassitication of work actually Performed. without regard to skill, except as provided in 29 CFR Part 5.5ta)(4)• laborers or mechanics performing wont in more than one classification may be compensated at the rate speGlied for each classitica- bon tot the time actually worked therein: Provided. That the employer's pay- roll records accurately set forth the time spent in each classification in Which work is•pertormed. The wage ceterminaton (including any additional elassirication and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and Me Davrs-Bacon poster (WH-1321) shall be posted at all times by the con- tractor and its subcontractors at the site of me work in a prominent and accessiole. place where it Can be easily seen by the workers. (`) (a) Any class of laborers or mechancs which is not listed in the wage determination and which is to be employed under the contract shall DO classified in conformance with the wage determination. HUD shall appiov an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met * (1) The work to be performed by the classification requested is not performed by a classification in the wage determination. and (2) The classification is utilized in the area by the construction Industry. and (3) The proposed wage rate. including any bona fide fringe bene- 13tL bears a reasonable relationship to Me wage rates contained in the wage determination. %V (b) If the contractor and the laborers artb mechanics to be empfoyed in fate classification (it known), or their representatives. and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate). a report of the action taken snail be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration. U.S. Departnent of tabor, Washington, D.C. 20210. The Administrator, or an authorized representative, win approve, modify. or disapprove every additional classifi- cation action within 30 days of receipt and so advise HUD or its designee or wail notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215.0t 40.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification Or their representatives. and HUD or its designee d0 not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, wnrre appropriate). *Amend by Revision and addibg, see page 3 U.S. Department of Housing m and Urban Developent O HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authonzed repre- sentative, will issue a determination within 30 days of receipt and so advise HUD or 95 designee or will notify HUD or its designee within the 30-day -' period that additional time is necessary. (Approved by the Office of Man- agement and Budget under OMB Control Number 1215.0140.) (d) The wage rate fincluding fringe benefits where appropriate) determined pursuant to subparagraphs (1Xb) or fc) of this paragraph, sna-" be paid to all workers performing work in the classification under this co tract from the first day on which work is performed in the classification. (di) Whenever the minimum wage rate prescribed in the contract for a Class of laborers or mechanics tnCludes a hinge benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit at staled in Cie wage determminaton or shall pay another bona tide hinge benefit or an hourly cash equivalent thereof. (rv) If the contractor does not make payments to a trustee or other tf'-'• person, the contractor may consider as part of the wages of any laborer mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program. Provided. That line Secretary of Labor has found. upon the written request of the contractor, -- Mat the apolicable standards of the Davis -Bacon Act have been met Tfr Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program, (Approved by the Office of Management and Budget under OMB Convot Number 1215-0140.) 2. Withholding. HUD or its designee shall upon its own action or upor written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contracts+ any other Federal contract with the same pnme contractor. or -any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apptentces, trainees and helpers. employed by the contractor or any subcontractor the full amount of wag required by the contract In the event of failure to pay any laborer or mechanic, including any apprentice. trainee or helper, employed or worker on the site of the work for under the United States Housing Act of 1937 under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract HUD or its desig nee may, after written notice to the contractor, sponsor. applicant or owns take such action as may be necessary to cause the suspension of any funkier payment advance, or guarantee of funds until such violations ha ceased. HUD or its designee may, after written notice to the contractor, dr; burse such amounts withheld for and on account of line contractor or sub contractor to the respective employees to whom they are due. The Cod — troller General shall make such disbursements in the case of direct Oavis-Bacon Act contracts. 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the j— preserved for a period of three years inereaher for all laborers and mechanics working at the site of the work for under the United States Housing Act of 037, or under the Housing Act of t949. in the construcLiC or development of the projecil. Such records shall contain the name. address, and social security number of each such worker, his or her et fect classification, hourly rates of wages paid (including rates of contribu Lions or torts anticipated for bona tide fringe benefits or cash equivalent thereof of the types described in Section IIb)(2)(B► of the Davis- b; con Gaily and weekly number of hours worked. deductions made and actu, wages paid. Whenever the Secretary of labor has found under 29 CFh . lal(1Niv► that the wages of any taborer or mechanic include the amount c any costs reasonably anticipated in providing benefits under a plan or gram describeu in Section f(b92XB) of the Davis -Bacon Act the contra snarl maintain records which snow that the commitment to provide suc HUDJOIO 12J tHU 134 Previous Edition is Obsolete ;rat �, .:,�.... �-'��•. !t....y Mt '=�'-r.-'r..a..`z.3 n - . rbenefits is enforceable. that the plan or program is financially responsible, The allowable ratio of apprentices apprentice. to journey. men on the and that the plan or proqram has been Communicated in writing to the in any craft classification shall not be greater than fe-ratin perm,.tted 1. laborers or mechanics afleCted. and records which show the Costs anticl- Contractor as to the entire work force Under the reigis-Crelt aoi;ram-A paled or ills actual Cost incurred in providing SUCK benefits. Contractors worker listed on a payroll at an apprentice wage rate. who is r.at regm employing apprentices or trainees under approved programs shall maintain or otherwise employed as Staled above. Shall be paid not less than the written evidence of the registration of apprenticeship programs and certill- applicable wage rate on the wage determination for the classification cation of trainee programs, the registration of the apprentices and trainees, work actually performed In addition. any apprentice performing work and the ratios and wage rates prescribed in the applicable programs. the too site in excess of the ratio permitted under the registered progr: (Approved try the Office of Management and Budget under OMB Control - shall be paid not less than the applicable wage rate on the wage dete ` Numbers 1215-0140 and 1215-0017.) nation for the work actually performed. Where a coniractor'is perform (ii) (a) The contractor shall submit weekly for each week in which any construction on a project in a locality other than that in which its grog Contract work is performed a copy of all payrolls to HUD or its designee if registered, the ratios and wage rates fexpressed in percentages of the the agency is a party to the contract but if the agency is not such a party, neyman's hourly rate) specified in the contractor's or subcontractor's the contractor will submit the payrolls to the applicant sponsor, or owner, tered program shall be observed. Every apprenctice must be paid at r as the case may be, for transmission to HUD or its designee. The payrolls less than the rate specified in the registered program for the apprentu submrttCd shalt set out accurately and completely all of the information level of progress, expressed as a percentage. of the journeymen noun required to be maintained under 29 CFR Part 5.5(a)(3Xi). This information specified in the applicable wage determination. Apprentices shall be 1 may be submitted in any form desired. Optional Form WH-347 is available fringe benefits in accordance with the provisions of the apprenticeM for this purpose and may be purchased from the Superintendent of Docu- program. If the apprenticeship program does not specify fringe benefi ments (Federal Stock Number 029-005-00014-1). U.S. Government Printing apprentices must be Old the full amount of fringe benefits listed on V Office. Washm9ton, DC. 20402. The prime contractor is responsible for the wage determination for the applicable classification. It the Admintstrat submission of copies of payrolls by all subcontractors. (Approved by the determines that a different practice prevails for the applicable apprem Office of Management and Budget under OMB Control Number classification, fringes shall be paid in accordance with that detertmna, 1215-0149.) the event the Bureau of Apprenticesnrp and Training, or a State Appri (b) Each payroll submitted shall be accompanied by a 'Statement of ticesnip Agency recognized by the Bureau. withdraws approval of an Compliance." signed by the contractor or subcontractor or his or her agent apprenticeship program, the contractor will no longer be permitted to who pays or supemses the payment of the persons employed under the apprentices at less than the applicable predetermined rate for the woe Contract and shall certify the following: performed until an acceptable program is approved. (1) That the payroll for the payroll period contains the information (i$ Trainees. Except as provided in 29 CFR 5.16. trainees will not L required to be maintained under 29 CFR Part 5.5 laX31)(0 and that such permitteo to work at less man the predetermined rate for the work per information is correct and Complete; formed unless they are employed pursuant t0 and Individually regism (2) That each taborer or mechanic (including each helper, a program which has received prior approval, evidenced by formal cc apprentice, and trainee) employed on the contract during the payroll period Callon by me U.S. Department of tabor. Employment and Training AOi has teen paid the full weekly wages earned. without rebate, either directly stration. The ratio of trainees to journeymen on the job site snail not It or indirectly, and that no deductions have been made either directly or indi- greater than permitted under the plan aocroved by the Employment a, rectly from ills full wages earned. other than permissaole deductions as set forth in 29 CFR Part 3; Training Admirnstrauon. Every trainee must be Palo at not less than in specified in the approved program for the trainee s level of progress. (3) That each taborer or mechanic has been paid not less than the expressed 8s a percentage Of tn! journeyman hourly rate SOCCilieO In applicaole wage rates and fringe benefits or Cash equivalents for the clas- applicable wage determination. Trainees snail be paid fringe benefits sicauon of work performed, as specified in the applicable wage determina- accordance with the provisions of the trainee program. It the trainee c tion incorporated into the contract gram does not mention fringe benefits. trainees snail be paid the lull (c) The weekly submission of a properly executed certification set amount of fringe benefits listed on the wage determination unless the forth on the reverse side of Optional Form WH-347 shall satisfy the Administrator of Ine Wage and Hour Division determines that there is requirement for submission of the -Statement of Compliance" required by apprenticeship program associated with the corresponding lourneym paragraph A.3.(iixb) of this section. ; wage rate on the wage determination which provides for less than ful (d) The falsification of any of the above cenificaoons may subject the fringe benefits for apprentices. Any employee listed on the payroll at I contractor or subcontractor to civil or criminal prosecution under Section trainee rate who is not registered and panicipanng in a training plan 11001 o1 Title 18 and Section 231 of Title 31 o1 the United States Code. approved by the Employment and Training Administration snail be p2 -w- f u7 The Contractor or subcontractor shall make the records required less than the applicable wage rate on the wage determination for tie under paragraph A.3.0) of this section available for inspection, copying. or actually performed. In addition. any trainee performing work on the 10 transcription by authorized representatives of HUD or its designee or the in excess of the ratio permitted under the registered program shall be Department of Labor, and shalt permit such representatives to interview not less than the applicable wage rate on the wage determination for employees during working hours on the job. If the contractor or subcon- work actually performed. In the event the Employment and Training A f l ttracw faits to submit the required records or to make them available. HUD istravon withdraws approval of a training program. the contractor will Or its designee may, after wnften notice 10 the contractor, sponsor, apple- longer be permitted to utilize trainees at less than the applicable prod Cant or owner, take such action as may bq necessary to cause the SUS- mined rate for the work performed until an acceptable program is pension of any further payment advance, or guarantee of funds. Further• approved, fr t more. failure to submit the required records upon request or to make such (iii) Equal employment opportunity. The utilization of apprenLeL-, records available may be grounds for debarment action pursuant to 29 trainees and journeymen under this part snail be in conformity with a CFR Pan 5.12. equal employmenl Opportunity requirements of Executive Order 1124 4. (i) Apprentices and Trainees. Apprentices. Apprentices will be per. amended. and 29 CFR Pan 30 mined to work at less than the predetermined rate for the work they Per. 1' S. Compliance with Copeland Act requirements. The contractor Sr formed when they are employed pursuant to and individually registered in a Comply with the requirements of 29 CFR Part 3 which are incoroorati bona fide apprenticeship program registered with the U,S Department of reference in this contract r" tabor, Employment and Training Administration, Bureau of Apprenticeship 6. Subcontracts. The contractor or subcontractor will insert in any and Training, or wan a State Apprenticeship Agency recognized by the contracts the clauses contained in 29 CFR 5 5(agl) through tt01 and Bureau, or d a person is employed in his or her first 90 days Of probationary other clauses as HUD Or its designee may by appropf ate instruChon employment as an apprentice in such an apprenticeship program. who IS require, and also a Clause regturinq the Subcontrlclors to include the not individually registered in the program, but who has been ccnilied by the clauses in any lower tier subcontracts The prime contractor snail be ' Bureau of Apprenticeship and Training or a State Apprenticeship Agency responsible for the Compliance by any subcontractor or tower tier su (where appropratel to be eligible for probationary employment as an tractor wan all the contract Clauses in 29 CFR Part 5 5. f'w *Amend by Adding, see page 3 ►4UD4010 I i j Paqe 2 of 3 Pages r 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 %hall be Paid not less than the appocadie wane rate on the wage determination for the Classification of work actually performed. In adoitron, any trainee performing work on the lob site in ex- Cess of tree ratio permitted under the registered program shall be paid not less than the applicable wage rate On the wage deter• nlrnation for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program,%the contractor will no longer be permitted to utitize trainees at less than the applicable predetermined rate for Me work performed until an acceptable program is approved, (III) Equal employment opponunlly. The utilization of ap- prentrces, trainees and journeymen under this pan shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. s S- Compliance with Copeland Act requirements. The contractor Shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. - tl. Subcornrocts. The contractor or subcontractor will Insert In any subcontracts the clauses contained in 29 CFR 5.5(a1(1) through (10) 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 shall be responsible for the compliance by any subcontractor or lower tier subcontractor witrt all the contract clauses in 29 CFR Part 5.5. 7. Contract termfnetlon; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided In 29 CFR 5.12. 4. Compliance with Davis -Bacon and Rotated Act Requirements. All rulrnps and interpretations Of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3. and 5 are herein incor- porated by reference in this contract. o. Disputes concerning labor standards. Disputes arising out of the labor standaros provisions of this contract shalt not be sub- ject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Pans 5, 6, and 7. Disputes within the meaning of this clause include disputes be- tween the contractor (or any of its subcontractors) and HUD or Its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (1) Cenlficatlon of Eligibility. By entering Into this contract, . the contractor certifies that neither it (nor he or she) nor any per- son or firm who has an Interest in the Contractor's firm is a per. son or firm Ineligible to be awarded Government contracts by vir- tue 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. 01) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Govemment 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. I (111) The penalty for making false statements is prescribed In the U.S. Criminal Code. 18 U.S.C. 1001. 8. Contract Work Hours and Safety Standards Act. As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. •Amend by Addl.nq, see page t S.1. Overtime requirements. No contractor or subcontractor con.— tracting for any part of the contract work which may require or In. volve the employment of laborers or mechanics shall require or pe. mit any such laborer or mecnanic in any workweek in which he or she is employed On such work to work in excess of forty hours in _ Such workweek unless such laborer or mechanic receives compen• Sation at a rate not less than one and One-half times the basic, ratf of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. in th- event of any violation of the Clause set forth in subparagraph 1 of - this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. in addition, such Con. tractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a -- territory, to such District or to such territory), for liquidated damages. Surh liquidated damages shall be computed with respec to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in sub- paragraph 1 of this section, in the sum of $10 for each calendar d:— on which such individual was required or permitted to work In ex. cess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 of this section. 3. Withholding for unpaid wages and liquidated damages. HUD Its designee shall upon its own action or upon written request of authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys,payable on account of work performed by the contractor or subcontractor under any such Con— tract or any other Federal contract with the same prime contracto or any other Federally -assisted contract 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 Ur^ paid wages and liquidated damages as provided in the clause set forth in paragraph 2 of this section. 4. subcontracts. The contractor or subcontractor shall insert In any subcontracts the clauses set forth In paragraph 1 througn 4 OL this section and also a clause requiring the subcontractors to in- clude these clauses in any lower tier subcontracts. The prime eor tractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the Clauses set forth in paragraphs 1 through 4 of this section. Article 2 — Equal Employment Opponunity The applicant hereby agrees that It will incorporate or cause to b^ Incorporated into any contract for construction work, or modifica tfon thereof, as defined In the regulations of the Secretary of Labbt at 41 CFR Chapter 60. which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the — credit of the Federal Government pursuant to a grant, contract, fi Insurance, or guarantee, or undertaken pursuant to any Federal p gram involving such grant, contract, loan, insurance, or guarantee. the following equal opportunity clause: During the performance of this contract, the Contractor agrees lollows: A. The Contractor will not discriminate against any employee or applicant for employment because of race. color, religion, sex, or national origin. The Contractor will lake affirmative action to enj that applicants are employed. -and that employees are treated du employment without regard to their race. color, religion, sex Or A. tional origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruit, ment or recruitment advertising; layoff or terminalion; rates Of p or other forms of compensation; and selection lot training inclu, apprenticeship. The Contractor agrees to post In conspicuous places available to employees and applicants for employment notices to be provided setting Conn the provisions of this non. — discrimination clause. S. The Contractor will, in all solicitations or advertisements to, employees placed by or on behall of the Contractor state Inat all Page 3 of 4 Pages F r j r i qualified appllcants will receive consideration for employment without regard to race, color, religion, sex, or national origin. C. The Contractor will send to each labor union or represen- tative of workers with which It has a collective bargaining agree- ment or other contract or understanding a notice to be provided advising the said labor union or workers representatives of the Contractor's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and ap- plicants for employment. O. The Contractor will comply with all provisions of Executive Order 11246 of September 24. 1965 and of the rules, regulations, and relevant orders of the Secretary of Labor. E. The Contractor will fumish all Information and reports re- quired by Executive Order 11246 of September 24, 1955. and by rules, regulations, and orders of the Secretary of Labor, or pur- suant thereto. and will permit access to its books, records, and accounts by the Secretary of Labor for purposes of Investigation to ascertain compliance with such rules, regulations, and orders. F. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled. terminated, or suspended in whole or in pars and the Contractor may be declared ineligible for further government contracts or federally assisted construction contracts In accordance with pro- cedures authorized in Executive Order 11246 of September 24, 1965. and such other sanctions may be imposed and remedies Invoked as provided in Executive Order 11246 of September 24. 1965. or by rule, regulations or order of the Secretary Of Labor, or as otherwise provided by law. G. The Contractor will Include the portion of the sentence Im- mediately preceding paragraph A and the provisions of .paragraphs A through G in every subcontract or purchase order unless exempted by rules. regulations, or orders of the Secretary of Labor Issued pursuant to Section 204 of Executive Order 11246 of September 24. 1965. so that such provisions will be binding upon each subcontractor Or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Secretary of Housing and Urban Development or the Secretary of Labor may direct as a means of enforcing such pro• visions, including sanctions for noncompliance. Provided, nowever that in the event the Contractor becomes involved In, or is threatened with, migation with a subcontractor or vendor as a result of such direction by the Secretary of Housing and Urban Development or the Secretary of Labor, the Contractor may re- quest the United States to enter Into such litigation to protect the interests of the United States. H. The applicant further agrees that It will be bound by the Move equal opportunity clause with respect to Its own employ- ment practices when It participates In federaty assisted can- struction work: Provided, that if the applicant so participating I State or local government, tho above equal opportunity clause not applicable to any agency, Instrumentality orsubdlvision of government which does not participate in work on or under the contract. 1. The applicant agrees that It will assist and cooperate active with the administering agency and the Secretary of Labor in tit Ing the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevai orders of the Secretary of Labor, that it will furnish the admini: Ing agency and the Secretary of Labor such information as the may require for the supervision of such compliance, and that )f otherwise assist the administering agency in the discharge oC agency's primary responsibility for securing compliance. J. The applicant further agrees that It will refrain from enteric to any contract or contract modification subject to Executive C 11246 of September 24. 1965. with a contractor debarred from, who has not demonstrated eligibility for, Government contract - federally assisted construction contracts pursuant to the Egeci order and will carry out such sanctions and penalties for victat of the equal opportunity clause as maybe imposed upon conti tors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part If. Subpart D of the Exeeut order. In addition, the aooliclnt agrees that if it fails or refuse: comply with these undemakings. the administernq agency mal any or all of the t011owinq actions: Cancel, terminate. or susce whole or in pan this grant (contract, loan, insurance, guarantee refrain from extending any further assistance to the applicant i the program with respect to which the failure or refund oceurn until satisfactory assurance of .future compliance has been rec from such applicant: and refer the case to the Department of Justice for appropriate legal proceeoings. Article 7 — Equal Opportunity for Businesses and Lower Income sorts Located Within the Project Area A. The work to be performed under this contract Is on a pro) assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Devote meet and is subject to the requirements of Section 3 of the H Ing and Urban Development Act of 1968. as amended. 12 U.S.0 1701u. Section 3 requires that to the greatest extent feasible 4 1 tunitles for training and employment be olven lower income residents of the unit of local government or the metropolitan I (or nonmetropolltan county) as determined by the Secretary of Housing and Urban Development in which the project Is loeati and contracts for work In connection with the project be &war business concerns which are located in, or owned In substant part by persons residing In the same metropolitan area (or nonmetropolltan county) as the project. L eimaaded by trerision and addings (2/92) (1) Lxcept with respect To helpers as defined in 29 CFR 5.2(n)(4), the work to be performed by the classification requested is not performed by a classification in the wage deterninattont and i (4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed. (4)(iv) Helpers. Helpers will be permitted to work on a project if the helper Classification is j� specified on an applicable wage determination or is approved pursuant to the conformance ` procedure set forth in 45.51a)(1)(11). The allowable ratio of helpers to journeyr..en employed by the contractor or subcontractor on the job site shall not be qreater than two nelpers ter every three journeymen (in other words, not more than 40 percent of the total number at journeymen and helpers in each contractor's or in each subcontractor -a own work employed on the job sitcl. Any worker listed on a payroll at a helper wage rate, who is not a helper as detined in 29 CFR 5.2(n)441, shall be paid not less than the applicable wage rate on the wage determination tar the classification of work actually performed. In addition, any helper pertorminq work on the job &Me in excess of the ratio permitted shall be paid not less than the applicable journeyman'@ (or laborer's, where appropriate) wage rate on the wage determination tar the work actually !� performed. Page 4 of 4 Pages a''SrtMt t.1y7 NOTICE C f rio.AIL EMPLCNEES Workingor on FinancedConstruction Uff Nnum You must be paid not less than the wage rate in the schedule posted with this Notice for the kind of work you perform. You must be paid not less than one and one -halt times your basic rate of pay for all hours worked over 40 a week. There are some exceptions. Apprentice rates apply only to apprentices properly registered under approved Federal or State apprenticeship programs. If you do not receive proper pay, contact the Contracting Officer listed below: or you may contact the nearest office of the Wage and Hour Division, U.S. Department of Labor. The Wage and Hour Division has offices In several hundred communities throughout the country. They are listed In the US. Government section of most telephone directories under U.S. Department of Labor Employment Standards Administration U.S. Otpsrtmonl of Libor Ernptoyrrwnl SUMidordi xir Puetteecten 1321 /IdMINGIatlon SPECIFICATIONS (THIS PAGE LEFT BLANK INTENTIONALLY) DETAILS OF CONSTRUCTION 1. GENERAL These items shall consist of Portland Cement Concrete construction as shown on the plans or as directed by the engineer. Included in the various items to be constructed is the subgrade preparation and filling and shaping of the areas adjacent to the concrete structures. 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 concrete begins. The required water shall be introduced into the mixing drum during the first 15 seconds of 4aixing. The entire contents of the drum shall be discharged before any materials of the succeeding batch 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 All reinforcing steel, including steel wire fabric reinforcement, tie bars, and dowel bars shall be 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 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 r 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 r 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 and devices 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 the concrete. 4. Joints When the placing of concrete is stopped, a bulkhead of sufficient cross sectional area to prevent deflection, 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 f 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 contraction joints 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 '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 is pattern as directed by the Engineer, and they shall be completed before uncontrolled cracking of the pavement 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. D-5 r i 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 for Portland Cement," Type I and'Type III, B. Aggregate escriotion to "Standard Specifications and Test A.S.T.M. Serial Designation C150, and shall be an approved brand. Concrete aggregates shall consist of natural, washed and screened sand, and washed and screened gravel or clean crushed stone conforming to "Standard Specification for 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 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 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 M-1 rby 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 r 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 1. The contractor will submit test certificates from an° r- 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 r' concrete mix design proposed for use on this project. 4 Tests shall be made on 6 cylinders for each mix, 3 tested r. 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. r 6 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 M-2 costs of all such testing will be borne by the City but the Contractor shall cooperate in securing and storing samples and shall furnish all materials required for sampling. 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 for 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 representing a given test show definite defects, due to 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. M-3 r 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 (±1-1/2% 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 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: Class 3 day 7 day A --- 2100 C --- 3000 E 2500 3000 F 2900 3500 Minimum Average for any test beam strength 28 day --- 3000 600 3600 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. M-4 F. Classification Unless otherwiseshown on the plans: Class A concrete shall be used for curb and gutter, drainage channels, 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; C1ass,F concrete is used for railroad sections. G. Mixing All aggregates shall be accurately weighed or measured by 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 -forms in a manner which will prevent separation or 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 finishing. 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 M-5 r 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 - 1/211. (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 M-6 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. M-7 r 4 SITE WORK MEASUREMENT AND PAYMENT GENERAL The unit price bid on each item, as stated in the proposal, shall include 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 I - SIDEWALK This item shall consist of 4" thick sidewalks constructed as herein specified 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 This item shall consist of 4" thick driveway returns constructed as l herein'specified 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 surface area of completed driveways. The 4 foot width of driveway slab which is an extension or connection of sidewalk shall be considered r„ and paid for as 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 3 - ALLEY RETURN This item shall consist of 6" thick alley returns constructed as herein specified on an approved subgrade inconformity with the lines, methods and grades established by the Engineer. Work and accepted material as r' prescribed for this item will be measured by the square yard of surface area of completed alley return. The unit price bid shall be full compensation for clearing obstructions, preparing the subgrade, '- furnishing and placing all materials and for all manipulations, labor, is tools, equipment and incidentals necessary to complete the work. { SW- I a 4 - CURB AND GUTTER Measurement along the face of the curb will be made of the actual length 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 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 ppremolded expansionjoint material, and for all manipulations, .labor, tools, equipment and incidentals necessary to the completion of the work as herein specified. TEM 5 - CONCRETE SIDEWALK REMOVAL Measurement of all concrete shall be made prior to removal and the actual amount removed shall be determined in square yards. It shall'be the contractor's responsibility to notify the Engineer or City representative prior to removal to enable measurements to be made. The unit price bid per square yard shall be full compensation for all labor and equipment required for concrete removal,'loading, hauling and disposal at a suitable site for dumping of waste material. ITEM 6 - CURB AND GUTTER REMOVAL DISPOSAL Measurement along the face of the curb will be made of the actual.length of concrete curb and gutter and 30" gutter removed, and will be paid for a the unit price bid for "Removal and disposal of curb and gutter, and pavement repair,',per linear foot." This unit price shall be full compensation for all curb and gutter removal, loading, hauling, and disposal of curb and gutter at a suitable site for dumping waste material. It shall also be full compensation for A.C. pavement sawing `.,(if required) and.all labor, equipment, and materials necessary to restore subgrade,'base, and A.C. paving to a condition satisfactory to the engineer. ITEM 7 - CONCRETE HANDICAP RAMP This item shall consist of construction of concrete handicap ramps as herein specified on an approved subgrade in conformity with the lines, methods and grades established by the engineer. This item will be paid for on a per each basis for a completed handicap ramp and no separate payment will be made for removal of curbs and concrete. 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,as necessary to complete the work. SW-2 FOUR FOOT i SIDEWALK „ALONG PROPERTY LINE A A i Progerty line 4 sidewalk l i Expansion ports FIRE MTORANT, POWER POLE.f•:TG B Expansion joints spaced 36' max. MUST MAVE ExMNSOH dOWT MIME} ENCLOSED IN CONCRETE. NOTE: All expansion joints to be 3/4" NOTE: Maintain constant gutter flow line(No scale) SECTION A -A Contraction markings V2 way through, -.•Z�Expansion joint. r• slob at 4 intervals. ► _._ _ • • o•` u o e• 47 min, thickness °' Of sidewolk. —� i SECTIONS B-B (RESIDENTIAL) Variable - -- 4 Sidewalk — — •A. -- �' 4" min. thickness l: No.4 bar 2"from sidewalk in center of slnb. Curb removed. a f (BUSINESS) g Inner curt as require a` G, Variable =-- - ----4 sidewalk 6 Amin. thickness on ! b$;• j. ,, r No. 4 bar 2 " from sidewalk Commercial driveway <� in center of slab. and sidewalk. �.+ 66 10/10 wire mesh Curb and gutter Completely centered in slab. N removed and construct Commercial Driveway Gutter a as shown on plate No. 4 Reinforced gutter section to Z . be poured seperate from w driveway. NOTE: See other Plates for Curb Ramp details J November 1992 0. IN • . - . z" TYPE A — a • R •a . L Oown Curb Section e - • a . 2. TYPE Q • • R , • R Down Curb Section a - • . ° 8 5/16" I NOTE. CONTRACTOR MAY USE EITHER OF THE ABOVE SECTIONS 911/16'--'.� I/zTYPE C e I o ' . 4• .' a• . a a. a 1", Tip, s : ' '. •G : e f"r' Tie. ', I » f— tD . ti 'Tie .L1l��..._-- 12oo c .1.1 d '� d 1.1 4 i u �"� 9 II/16 I— 8 5/16 NOTE : REINFORCED GUTTER SECTION WILL BE CONSTRUCTED WITH THREE NO. 3 0 BARS RUNNING THE ENTIRE LENGTH OF THE DRIVEWAY SECTION AND THE THREE HORIZONTAL BARS WILL BE SUPPORTED WITH THREE NO. 3 0 DOWEL BARS 12 INCHES IN LENGTH AND ON 6 FOOT CENTERS. LOCATIONS AS REQUESTED BY THE CITY ENGINEERS, TYPICAL CURB & GUTTER SECTIONS !11 C won •f _ A _ !9 TYPICAL ALLEY ALLEY RETURN PLAN VIEW NOTE: Curb 6 gutter, fillets and slab to be poured together, 0 It �_. 2.54 Property tine TO BE USED WHEN ALLEY WIDTH IS A 2.5 5' 6" Concrete slab with 6x6 6/6 wire mesh. Dummy contraction jts. 4 B' B B 6x6 10/10 wire mesh. Dummy contraction joint. 20' SECTION A —A CONCRETE PAVING 'wL,1 5� No scale PLATE No.7 Scale: I"= 5' HEIGHT OF CURB AT THIS POINT e' Bituminous premolded expansion joint. 510� 5 2" a_ No. 6 re bar spaced 6" from edge of slab 6x6 10/10 wire mesh. and 1 1/2" from bottom of slob. NOTE: All Concrete Shown to be 3,000 P,S.I. at 7 Days. ( class E I SECTION B-B NOTE: CONSTRUCTION OF THIS TYPE IS ALLOWED ONLY WHERE THE EXISTING -R��3✓4 ALLEY RETURN, ALLEY PAVING OR STREET GUTTER IS IN GOOD CONDITION AND GRADE AND ALIGNMENT ARE SATISFACTORY. T, 2- I Ito- DUMMY GROOVE JOINT �d: �: �' i r S6- •'� ' EXISTING ALLEY RETURN ALLEY !�' E !CONCRETE ALLEY SLAB PAVING OR STREET GUTTER. !• S Geb ENO welded wUe Iaeeh. : , / 6t6 OM Yfre gash. TRANSVERSE DUMMY GROOVE CONTRACTION JOINTb. ► D,t,• I- 1 ( Required at cold joints and every 13 feet of poving.) • 12- rrr FQO/VT VIEW 11,' 5/ -- NOTE: A skid resistant surface shall be made of the 3,x 5.5' rang section utilizing a diamond mesh pattern (or equivalent- ES pattern approved by the engineer). ,A` Minimum pattern openings shall be 3/4" x 1/2", maxlmum openings shall be 2" x 3/411. The 3' x 5.5' ramp section shall be marked using a G" wide yellow stripe placed longitudinally along each outside edge of the ramp section. The yellow stripe may be painted or taped as per City of Lubbock specifications. RAMP a 44.01? Conaele Flalwork PLATE No., 6. November,1992 CITY OF WBBOCK TEXA ENGINEERING DEPk: CORNER CURB RAMP W/ TYPICAL 4! SIDEWALK ALONG PROPERTY LINE CITY ENGR." DATE MI Dec %. FILE NO. SCALE- la = I G.W.Q NQ SHEET 7 OF NOTICE OF ACCEPTANCE r- 8 ' P u 4. f� I b �r (THIS PAGE LEFT BLANK INTENTIONALLY) TO: NOTICE OF ACCEPTANCE Name of Bidder Address of Bidder City and State of Bidder The City of Lubbock, having considered the proposals submitted and opened on the day of , 19 , for work to be done and materials to be furnished in and for: as set forth in detail in the Specifications, Plans and Contract r 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, 19 at the Texas, on the day bid of , , price contained E. therein, subject to the execution of and furnishing of all Contract Documents, bonds, certificates of insurance and all r' 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 r- documents within ten (10) days from your receipt of this Notice. The five (SA) percent bid security submitted with your r, 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. k . r- CITY OF LUBBOCK k Owner's Representative No Text 7, i is k r { SPECIAL CONDITIONS (THIS PAGE LEFT BLANK INTENTIONALLY)