HomeMy WebLinkAboutResolution - 4129A - Contract - UCIA - Utility Relcoation, Citibus Transfer Plaza - 04_22_1993RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is here y authorized and
directed to execute for and on behalf of the City of Lubbock a Contract by
and between the City of Lubbock and Utility Contractors Incorporated of
America to provide utility relocation, Citibus Transfer Plaza, Lubbock,
Texas, 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 de ail.
Passed by the City Council this day of 1993.
ATTEST:
Betty o nson, City Secretary
APPROVED AS TO CONTENT:
Victor n, urc as ng Manager
APPROVED AS TO FORM:
Harold s ant City
Attorney
HW:js/UTILCONT.RES
DI-Agenda/May S, 2993
LUBBOCKTEXAS
Lubb chq
ogoc h 135
MWM ARCHITECTS INC.
LUBBOCK .?�.s 11"i MIDLAND
HUGO REED AND ASSOCIATES, INC.
CONSULTING CIVIL ENGINEERS
MARCH 1993
PROJECT NO. 1192-1
BID NO. 12522 17
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ADDENDUM No. 1
Block 135'Building Demolition
CITIBUS DOWNTOWN TRANSFER
MWM PROJECT No. - 1192 - 1
LUBBOCK, TEXAS
1 MWM ARCHITECTS, INC.
APRIL 2, 1993
NOTICE TO ALL BIDDERS:
The following shall be incorporated in and become a part of the
original drawings and specifications of the above referenced
r Project. Please acknowledge receipt of this addendum by noting it
ll on your proposal. .
A. IN THE SPECIFICATIONS DATED "MARCH, 199311, MAKE THE FOLLOWING
MODIFICATIONS:
1) On page 3 of the "BID FOR UNIT PRICE CONTRACTS" (Building
Demolition - Citibus Downtown Transfer Plaza) in the
third Paragraph, delete the following words: "...for a
period of thirty (30) calendar days after the scheduled
closing time for receiving bids." and add the words
"...for a period of forty-five (45) calendar days after
the scheduled closing time for receiving bids."
2) In Section IV - EARTHWORK on page IV - 4, Section 3.4
GRADING after the first sentence add the following
sentence "In general, original grade shall be defined to
be at or about elevation 3194.0 ft."
3) Delete Item #26 of the General Instructions to Bidders.
END OF ADDENDUM #1
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LUBBOCK TEXAS
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MWM ARCHITECTS INC.
LUBBOCK MIDLAND
HUGO REED AND ASSOCIATES, INC.
CONSULTING CIVIL ENGINEERS
MARCH 1993
RIED AR
PROJECT NO. 1192-1
BID NO. 12522
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ADVERTISEMENT FOR BIDS
Sealed proposals addressed to Ron Shuffield, Senior Purchasing
Buyer, City of Lubbock, Texas, will be received at the office of the
Purchasing Agent, Municipal Building, 1625 13th Street, Room L-04,
Lubbock, Texas, 79401 until 2:OOPM CDT - April 8, 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:
Block 135 Building Demolition
After the expiration of the time and date above first written, said
sealed proposals will be opened by the Purchasing 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 Buyer for the City of
Lubbock, Texas and MWM Architects, Inc., 2574 74th Street, Suite 201,
Lubbock, Texas.
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The plans, specifications, proposal forms and contract documents
shall be distributed from the office of MWM Architects, Inc., 2574 74th
Street, Suite 201, Lubbock, Texas.
Each Prime Bidder shall be furnished with two (2) sets of complete
plans and specifications upon the deposit of $100.00 as a guarantee of
their -safe return. The full amount of the deposit shall be returned if
the documents are returned in good condition within ten (10) calendar
days after the bid opening.
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 Buyer of the City of
Lubbock, Texas. Each bidder's attention is further directed to the
provisions of the Davis - Bacon Act, 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 U.S.
Department of Labor.
The City of Lubbock reserves the right to reject any and all bids
and to waive any and all formalities.
The City of Lubbock hereby notifies all bidders that in regard to
any contract entered into pursuant to this advertisement, minority and
women business enterprises will be afforded equal opportunities to
submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, sex, or national origin in
consideration for an award. Further, each bidder's attention is herein
directed to the Federal Transportation Administration (FTA) requirement
that a minimum of Five (5) Percent of the total amount of the Work shall
be supplied by minority, women, and/or disadvantaged business
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enterprises.
You are hereby respectfully notified that this contract involves
trenching more than five (5) feet deep and that the plans and
specifications for this contract includes detailed plans and
specifications for trench safety systems that meet Federal Occupational
Safety and Health Administration standards, and that these plans and
specifications must include a separate bid (pay) item for these. same
trench safety systems. You are further notified and advised that if you
are the successful bidder and your bid is accepted, you will be
responsible for and are required by the execution of this contract to
conduct a safety program for this trench system including, but not
limited to, the designation of one of your representatives at the job
site to be in charge at all times of the implementation and maintenance
of the trench system safety program during the life of this Contract.
There will be a pre -bid conference on March 26, 1993 at 9:00 AM,
CST, Committee Conference Room #103, Municipal Building, 1625 13th
Street.
BY: Ron Sh ield
Senior Purchasing Buyer
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NOTICE TO BIDDERS
Sealed proposals addressed to Ron Shuffield, Senior Purchasing
Buyer, City of Lubbock, Texas, will be received at the office of the
Purchasing Agent, 1625 13th St., Room L-04, Lubbock, Texas, 79401 until
2:00 PM CDT - April 8, 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:
Block 135 Building Demolition
After the expiration of the time and date above first written, said
sealed proposals will be opened by the Purchasing Buyer at his office
and publicly read aloud.
It is the sole responsibility of the bidder to insure that his bid
is actually in the office of Ron Shuffield, Senior Purchasing Buyer for
the City of Lubbock, prior to the expiration of the date above first
written.
The City of Lubbock will consider the bids on the April 22,
1993 at the Municipal Bldg., Lubbock, Texas, or -as soon thereafter
as may be reasonably convenient, subject to the right to reject any or
all bids and waive any formalities. The successful bidder will be
required to furnish a performance bond and payment bond in accordance
with Article 5160, Vernon's Ann. Civil St., in the amount of 100% of the
total contract price in the event that said contract price exceeds
$25,000.00. Said statutory bonds should be issued by a company carrying
a current Best Rating of B or superior, as the rating of the bond
company is a factor that will be considered in determination of the
lowest responsible bidder. If the contract price does not exceed
$25,000.00 the said bonds will not be required.
Bidders are required, whether or not a payment or performance bond
is required, to submit a cashier's or certified check issued by a bank
satisfactory to the City of Lubbock, or a proposal bond from a reliable
surety company, payable without recourse to the order of the City of
Lubbock in an amount not less than 5% of the total amount of the largest
bid amount of this proposal submitted as a guarantee that bidder will
enter into a contract and execute all necessary bonds within 10 days
after notice of award of the contract to him.
It shall be each bidders sole responsibility to inspect the site
of the work and to inform himself regarding all local conditions under
which the work is to be done. It shall be understood and agreed that
all such factors have been thoroughly investigated and considered in the
preparation of the bid submitted.
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The plans, specifications, proposal forms and contract documents
may be examined at the office of Purchasing Buyer for the City of
Lubbock, Texas and MWM Architects, Inc. 2574 74th Street, Suite 201,
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 Buyer of the City of
Lubbock, which document is specifically referred to in this notice to
bidders. Each bidder's attention is herein directed to provision of
the Davis -Bacon Act, and the requirements contained therein concerning
the above wage scale and payment by the contractor of the prevailing
rates of wages as heretofore established by the U.S. Department of Labor
in said wage scale.
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
on the grounds of race, color, sex, or national origin in consideration
for an award. Further, each bidder's attention is herein directed to
the Federal Transportation Administration (FTA) requirement that a
minimum of Five (5) Percent of the total amount of the Work shall be
supplied by minority, women and/or disadvantaged business enterprises.
There will
CST, Committee
Street.
be a pre -bid conference on March 26, 1993 at 9:00 AM,
Conference Room #103, Municipal Building, 1625 13th
CITY OF LUBBOCK
BY: Ron S ffield
Senior Purchasing Buyer
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ti GENERAL INSTRUCTIONS TO BIDDERS
1. SCOPE OF WORK
The work to be done under the contract documents shall consist
of the following:
The contractor shall furnish all labor, superintendence,
machinery, equipment and all materials necessary to complete
this project in accordance with contract documents.
j` 2. CONTRACT DOCUMENTS
All work covered by this contract'shall be done in accordance
r with contract documents described in the General Conditions.
Al bidders shall be thoroughly familiar with all of the
requirements set forth on the contract documents for the
construction of this project and shall be responsible for the
satisfactory completion of all work contemplated by said
contract documents.
3. PLANS FOR USE BY BIDDERS
r. It is the intent of the City of Lubbock that all parties with
an interest in submitting a bid on the project covered by the
contract documents be given a reasonable opportunity to
examine the documents and prepare a bid without charge of
forfeiture of deposit. The contract documents may be examined
without charge as noted in the Notice to Bidders.
4. TIME AND ORDER FOR COMPLETION
The bidder shall stipulate in his proposal the number of
consecutive calendar days from the date specified in the
Notice to Proceed issued by the City of Lubbock that it will
take him to fully complete the construction covered by the
contract documents.
5. PAYMENT
All payments due to Contractor shall be made! in accordance
with the provisions of the General Conditions of the contract
documents.
6. AFFIDAVITS OF BILLS PAID
The City of Lubbock reserves the right, prior to final
�• acceptance of this project to require the Contractor to
jl execute an affidavit that all bills for labor, materials and
incidents incurred in the construction of the improvements
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contemplated by the contract documents have been paid in full
and that there are no claims pending, of which the Contractor
has been notified.
7. MATERIALS AND WORKMANSHIP
The intent of the contract documents is that only materials
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 site will not relieve the
Contractor of full responsibility of complying with this
provision. The specification 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.
8. GUARANTEES
All equipment and materials incorporated in the project and
all construction shall be guaranteed against defective
materials and workmanship. Prior to final acceptance, the
Contractor shall furnish to the Owner, a written general
guarantee which shall provide that the Contractor shall remedy
any defects in the work, and pay for any and all damages of
any nature whatsoever resulting in such defects, when such
defects appear within ONE year from date of final acceptance
of the work as a result of defective materials or workmanship,
at no cost to the Owner (City of Lubbock).
9., PLANS FOR THE CONTRACTOR
The contractor will be furnished such copies of plans and
specifications, and related contract' documentsas are
reasonably necessary for his use during construction. Plans
and specifications for use during construction will only be
furnished directly to the Contractor. The Contractor shall
then distribute copies of plans and specification to
suppliers, subcontractors or others, as required for proper
prosecution of the work contemplated by the Contractor.
10. PROTECTION OF THE WORK
The Contractor shall be responsible for the care,
preservation, conservation, and protection of all materials,
supplies, machinery equipment, tools, apparatus, accessories,
facilities, and all means of construction, and any and all
parts of the work whether the Contractor has been paid,
partially paid or not paid for such work, until the date the
City issues its certificate of completion to.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 completed.
b. A sworn statements of the current financial
condition of the bidder.
C. Equipment schedule
11. TEXAS STATE SALES TAX
This contract is issued by an organization which qualifies for
exemption provisions pursuant to provisions of Article 20.04
of 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.
12. PROTECTION OF SUBSURFACE LINES AND STRUCTURES
It shall be the Contractor's responsibility to prosecute the
•work contemplated by the contract documents in such a way as
to exercise due care to locate and prevent damage to all
underground pipelines, utility lines, conduits or other
underground structures which might or could be damaged by
Contractor during the construction of the project contemplated
by these contract documents. The City of Lubbock agrees that
it will furnish Contractor 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 aforementioned. 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 Contractor to the satisfaction of
the City of Lubbock, Texas, at Contractor's expense.
13. BARRICADES AND SAFETY MEASURES
The Contractor shall, at his own expense, furnish and erect
such barricades, fences, lights, and danger signals, and shall
take such other precautionary measures for the protection of
persons, property and the work as may be necessary.
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The Contractor will be held responsible for all damage to the work
due to failure of barricades, signs, and lights to protect it, and
when damage is incurred, the damaged portion shall be immediately
removed and replaced by Contractor at his own cost and expense.
The Contractor's responsibility for maintenance of barricades,
signs, and lights shall not cease until the date of issuance to
Contractor of City's certificate of acceptance of the project.
14. EXPLOSIVES
The use of explosives will not be permitted unless written
permission to do so is obtained by the Contractor from the
City. In all cases where written permission is obtained for
the use of explosives, the Contractor shall assume full
responsibility for all damage which may occur as direct or
indirect result of the blasting. In addition, in all cases
where explosives are authorized to be used, the Contractor
shall use utmost care so as not to endanger life or property
and the Contractor shall further use only such methods as are
currently utilized by persons, firms, or corporations engaged
in similar type of construction activity.
Explosive materials shall not be stored or kept at the
construction site by the Contractor.
In all cases where explosives are to be used during the
construction of the project contemplated by this contract, it
shall be the duty of the Contractor to notify each utility
company having structures (above or below the ground) in
proximity to the site of the work of Contractor's intention
to use explosives, and such notice shall be given sufficiently
in advance to enable the companies to take such steps as they
may deem necessary to protect their property from injury. --
!Such notice, however, shall not relieve the Contractor of
responsibility for any damage resulting from his blasting
operations.
15 - CONTRACTOR'S REPRESENTATIVE
The successful bidder shall be required to have a responsible
;local representative available at all times while the work is
in progress under this contract. The successfulbiddershall
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.
16. INSURANCE
The contractor shall not commence work under this contract
until he has obtained all insurance as required in the General
Conditions of the contract documents, from an underwriter
authorized to do business in the State of Texas and
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satisfactory to the City. Proof of coverage shall be
furnished to the City and written notice of cancellation or
any material change will be provided ten (10) days in advance
of cancellation or change. All policies shall obtain an
agreement on the part of the insurer waiving the right to
subrogation.
The insurance certificates furnished shall name the City and
the Architects and his Consultants as an additional insured
and shall further state that all subcontractors. are named as
additional insured, or in the alternative, shall be
accompanied by a statement from the Contractor to the effect
that no work on this particular project shall be
` subcontracted.
17. LABOR AND WORKING HOURS
Attention of each bidder is particularly called to the
schedule of general prevailing rate of per diem wages included
in these contract documents. The wage rate which must be paid
on this project shall not be less than specified in the
schedule of general prevailing rates of per diem wages as
above mentioned. The bidder's attention is further directed
to the requirements of the Davis - Bacon Act statutes
providing for the payment of the wage schedules above
mentioned and the bidder's obligations thereunder. The
inclusion of the schedule of general prevailing rate of per
diem wages in these contract documents does not release the
Contractor from compliance with any wage law that may be
applicable. Construction work under this contract requiring
an inspector 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
service to its citizens.
b. Delays in construction are due to factors outside
the control of Contractor. The Contractor is
approaching the penalty provisions of the contract
and Contractor can show he has made a diligent
effort to complete the contract within the 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 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.
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In any event if a condition should occur or arise at the site
of the 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.
18. PAYMENT TO EMPLOYEES AND FILING OF PAYROLLS
The contractor and each of his subcontractors shall pay each
of his employees engaged in work on the project under this _
contract in full (less mandatory legal deductions) in cash,
or by check readily cashable without discount, not less often
than once a week. The Contractor and each of his
subcontractors engaged at the site of the work shall not later
than the seventh day following the payment of wages, file with
the Owner's Representative, a certified, sworn legible copy
of such payroll. .This shall contain the name of each _
employee, his classification, the number of hours worked on
each day, rate of pay, and net of pay. The affidavit shall
state that the copy is a true and correct copy of such
payroll, that no rebates or deductions (except as shown) have
been made, or will in the future be made from the wages paid
as shown thereon. The Contractor must classify employees
according to one of the classifications set forth in the —
schedule of general prevailing rate of per diem wages, which
schedule in the contract documents.
The Contractor shall forfeit as a penalty to the City of
Lubbock on:whose behalf this contract is made, ten dollars for
each laborer, workman, or mechanic employed for each calendar
day, or portion thereof, such laborer, workman or mechanic is
paid less than the wages assigned to- his particular
classification as set forth in the schedule of general
prevailing rate of per diem wages included in these contract
documents.
19. PROVISIONS CONCERNING ESCALATOR CLAUSES
Proposals submitted containing any conditions which provide
for changes in the stated bid price due to increases or
decreases in the cost of materials, labor or other items --
required for the project will be rejected and returned to the
bidder without being considered.
20. PREPARATION FOR PROPOSAL
The bidder shall submit his proposal on forms furnished by the
City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and
numerals, for which he proposes to do the work contemplated
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or furnish the material required. Such prices shall be
written in ink, distinctly and legibly, or typewritten. In
case of discrepancy between the price written in words and the
price written in figures, the price written in words shall
govern. If the proposal is submitted by an individual, his
name must be signed by him or his duly authorized agent. If
a proposal is submitted by a firm, association, or
partnership, the name and address of each member must be given
and the proposal signed by a member of the firm, association
or partnership or person duly authorized. If the proposal is
submitted by a company or corporation, they company or
corporate name and business address must be given, and the
proposal signed by an official or duly authorized agent.
Powers of attorney authorizing agents or others to sign
proposals must be properly certified and must be in writing
and submitted with the proposal. The proposal shall be
executed in ink.
Each proposal shall be enclosed in a sealed envelope,
addressed as specified in the Notice to Bidders, and endorsed
on the outside of the envelope in the following manner:
a. Bidder's name
b. Proposal for (description of project)
Bid proposals may be withdrawn and resubmitted at any time
prior to the time set for opening of the bids, but no proposal
may be written or altered thereafter.
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21. BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed
by bidder shall be bound and include the following:
a. Notice to Bidders
b. General Instructions to Bidders
C. Bidder's Proposal
d. Statutory Bond (if required)
e. Contract Agreement
f. General Conditions
g. Special Conditions
h. Plans
i. Specifications
j. Insurance Certificates
k. Addenda
1. All other documents made available to bidder for his
inspection in accordance with the Notice to Bidders.
If Plans and Specifications are too bulky or cumbersome to be
physically bound, they are to be considered incorporated by
reference into the aforementioned contract documents.
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22. SOILS INVESTIGATION
A'soils investigation report is
project, and may be examined at
of the City of Lubbbock and at
Structural Engineers.
available for the site of this
the office of Purchasing Manager
the offices of the Architects or
Bidders should visit the site and acquaint themselves with the
existing conditions.
Prior to bidding, the bidders may make their -own subsurface
investigations to satisfy themselves as to site and subsurface
conditions, but such investigations should be arranged in advance
with the Architect.
23. QUALITY ASSURANCE --
A soils testing laboratory and a concrete testing laboratory will
be retained by the Owner to observe and test the work in connection
with excavating, trenching, filling, backfilling, grading and
concrete work.
This Contractor shall cooperate with the testing labs in providing
timely notice and access to the work.
24. FEDERAL REGULATIONS
The bidders shall be advised that included in the Contract
Documents are applicable Federal Regulations - some contain text
and others included by reference. The Federal Regulations shall
take precedence over and shall supercede any City or State
Regulation.
25. MINORITY, WOMEN AND/OR DISADVANTAGE BUSINESS PARTICIPATION
Each bidder's attention is herein directed to the Federal
Transportation Administration (FTA).requirement that a minimum of
Five (5) Percent of the total amount of the work. shall be supplied
by minority, women, and or disadvantaged,business enterprises.
26. TRENCH EXCAVATION
You are hereby respectfully notified that this contract involves
trenching more than five (5) feet deep and that the plans and
specifications for this contract includes detailed plans and
specifications for trench safety systems that meet Federal
Occupational Safety and Health Administration standards, and that
these plans and specifications must include a separate bid (pay)
item for these same trench safety systems. You are further
notified and advised that if you are the successful bidder and your
bid is accepted, you will be responsible for and are required by
the execution of this contract to conduct a safety program for this
trench system including, but not limited to, the designation of one
of your representatives at the job site to be in charge at all
times of the implementation and maintenance of the trench system
safety program during the life of this Contract.
BID FOR UNIT PRICE CONTRACTS
PLACE Lubbock County, Texas
DATE April B, 1993
PROJECT NO. 1192-1
Proposal of Wardroup & associates (hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas
(hereinafter called Owner)
Gentlemen -
The The Bidder, in compliance with your invitation for bids for the
construction of the
Building Demolition - Citibus Downtown Transfer Plaza
having carefully examined the plans, specifications, instructions to
C' 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 price
to cover all
expenses incurred
in performing the work required .under
the contract
documents, of which this proposal is to be a part of, is
as follows:
ITEM QUANTITY
ITEM DESCRIPTION
MATERIAL
NO. AND UNIT
AND UNIT PRICE
AMOUNT
1 Lump Sum
Tract "A", Block 135, Original Town
of Lubbock, Demolish and remove all
structures, foundations, vegetation
and other associated items as per
plans and specifications, complete,
per lump sum-S�,cr
..T s�,,e11,4,j DOLLARS ($ CV-2
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2 Lump Sum
Tract "A", Block 135, Original Town
of Lubbock, Salvage brick pavers for
the City of Lubbock from alley areas
and stack on pallets on site as
directed by the City of Lubbock
Street Department as per plans and
,.
specications, complete per lump
Sum -9 lk"'Q2!-7J
l:
DOLLARS ( $ 7-71, ao
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ITEM QUANTITY
NO. AND UNIT
ITEM DESCRIPTION
AND UNIT PRICE
TOTAL -LABOR
AMOUNT
1 Lump Sum
Tract "A", Block 135, Original Town
of Lubbock, Demolish and remove all
structures, foundations, vegetation
and other associated items as per
plans and spe,c.ifications, complete,
per lump sum
--DOLLARS ( $
2 Lump Sum
Tract "A", Block 135, Original Town
of Lubbock, Salvage brick pavers.for
the City of Lubbock from alley areas
and stack on pallets on site as
directed by the City of Lubbock
Street Department as per plans and
specifications, complete per lump
tiDl/chi+
— DOLLARS ( $ Z413 z. vv }
$ -2�3 Z 0
TOTAL
LABOR
TOTAL
MATERIALS
TOTAL
MATERIALS AND LABOR
$ G�� %X7
Amount shall be shown in both words and figures. In case of
discrepancy, the amount shown in words shall govern.
The undersigned acknowledges the receipt of Addendums Nos. ' to
the plans, specifications and contract documents.
The undersigned agrees and pledges to complete the entire work in
Thirty _(_-30) consecutive calendar days after the issuance of a Notice
[ to Proceed by the City of Lubbock.
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" from
the Owner and to fully complete the .project within the consecutive
calendar days thereafter as stipulated elsewhere in this proposal.
Bidder hereby further agrees to pay to Owner as liquidated damages the
sum of $100.00 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.
M
F
Bidder understands and agrees that this proposal shall be completed
and submitted in accordance with instruction number 20 of General
Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any
or all bids and to waive any formality in the bidding.
The bidder agrees that this bid shall be good and may not be
withdrawn for a period of thirty J W calendar days after the scheduled
closing time for receiving .bids. �S,v
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, Certified Check
or a Proposal Bond in the amount of five percent (5%) of the largest bid
amount Qf this proposal,. 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 bond with the Owner 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
Wardroup & Associates
Contracto
BY:
W.C. Wardroup, Owner
LIST OF SUBCONTRACTORS
This form shall be completed and submitted with the Bidder's Proposal.
1.
2.
3.
4.
5.
6.
7.
B.
9:
10.
Minority Owned
Yes No
?C
�I
Tr
I. BUY AMERICA CERTIFICATE
The bidder hereby certifies that it will comply with the
requirements of section 165(a) of the Surface Transportation
Assistance Act of 1982 and the regulations in 49 CFR 661.
Date April 8, 1993
Signature
1 Title W.C. Wardroup, Owner
or
The bidder hereby certifies that it cannot comply with the
requirements of Section.165(a) of the Surface Transportation Act
of 1982, but it may qualify for an exception to the requirement
pursuant to Section 165(b) of the Surface Transportation
Assistance Act and regulations at 49 CFR 661.7.
Date
Signature
Title
F
DEBARMENT AND SUSPENSION CERTIFICATE
The bidder hereby certifies that it will comply with the
requirements of the Department of Transportation regulations
"Governmentwide Debarment and Suspension (Nonprocurement)" 49 CFR
Part 29.
j" Date April 8 199
Signature
Title N.C. Nardroup, Owner
or
The bidder hereby certifies that it cannot comply with the
requirements of the Department of Transportation regulations
"Governmentwide Debarment and Suspension (Nonprocurement)" pursuant
to 49 CFR Part 29.
Date
Signature
Title
T
7 WASHINGTON
�-r-OUNA' CINAL nSt.RA.Nc<<tx4'4.�i
T BID OR PROPOSAL BOND
KNOW ALL NMf BY TFIFSE PMENTS:
Tbc We, W. C. WARDROUP DBA WARDROUP & ASSOCIATES
(here: ---ter cued the fact r). a zcpel. cad WASHT-1GTON L•. eRNATIONAL L�TSURJAI? - CO. , e czr;cr=cn orgy
feed end doing business under =C by rir'tue of the low% of the Steve of ARIZONA , �: d Iy licensed for tt:e purpose of
aei q==teeirg cr.bec—.s^-g sole sursty.upcm bonds cc ur.derteziags requited or by Are lexs.cf the.slar of TEXAS
a Surety, ee held ctd fi =Iy bowed unto
THE CITY OF LUBBOCK
(ereit:o"er wed the Obligee;
is the just cad hAl smn of FIVE PERCENT OF THE GREATEST AMOUNT BID --------------------------------
Don= (s------ 5%--------- ) Icxful money of the United Stces of Ame::c: for the pryctent cf whict, well cd truly to be
mce, we hereby bind ourselves cad our end ems, of our rar_esscs cd essig,.s. jai :tly =d sere =ulT L=iy by these presents
THE CONDMON OF THIS OBLIGATION IS SUCH THAT. WF�EAS, the ebcve bounden p^seflc a coresa!d, is ebcct to he :d
in end submit to the cbIlgee c bid or psopcsal for the
DEMOLITION - CITIBUS DOWNTOWN TRANSFER
BID NO. 1192-1
In ice with the pros and specifications filed to the office of the obligee c %d under the notice tnvitins p:srescs therefor.
NOW. TEMt=-ORE if the -bid or proposel of sad princlpd shell be ¢cepted. cad the cczatrar: !or such work be ewcded to the pricd;cI
t there•.:pon by the said obligee, end said prireipai shill enter into c ccat:= and bard for the c=plcdcn of sod work = required
by fever, than this ablfgetfoa to be cull cad veld, admwise to be ¢zd remcin in full force and effect
FIN WrrNESS Wfr—E i OF, sold Prl;mdrd cad sefd Surety here cased these presents to be duly signee end sed'ed this 8TH
day of APRIL
.19 93
W. C. WARDROUP DBA WARDROUP & ASSOCIATES
lay
WALL1►_CE C. W,
WASEENGTON L*ISURANCE COMPANY
Y
Atmra&Y-ia-Fa=
17
7 General
WASHINGTON INTERNATIONAL INSURANCE COMPANY
POWER OF ATTORNEY
T KNOW ALL MEN BY THESE PRESENTS: That the Washington International Insurance Company,a corporation organized and
existing under the laws of the State of Arizona, and having its principal office in the Village of Schaumburg,
Illinois, does hereby constitute and appoint
Tf f HOWARD COWAN, KEVIN DUNN AND MARLA HILL
its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all
T bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof,
which are or may be allowed, required, or periaitted by law, statute, rule, regulation, contract or otherwise, and
the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said Washington
International Insurance Company as fully and amply, to all intents and purposes, as if the same has been duly
executed and acknowledged by its President at its principal office.
This Power of Attorney shall be limited in arrant to $2,000,000.00 for any single obligation.
This Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted
March 22, 1978, July 3, 1980 and October 21, 1986 which read, in part, as follows:
1. The President may designate Attorneys -in -Fact, and authorize them to execute on behalf of the Company, and
attach the Seal of the Company thereto, bonds, and undertakings, recognizances, contracts of indemnity and other
writings obligatory in the nature thereof, and to appoint Special Attorneys -in -Fact, who are hereby authorized to
certify to copies of any power -of -attorney issued in pursuant to this section and/or any of the By -Laws of the
Company, and to remove, at any time, any such Attorney -in -Fact or Special Attorney -in -Fact and revoke the authority
1 given him."
2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer
and Secretary, and the corporate seal of the Company, may be affixed to any Power of Attorney, certificate, bond or
undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate bond or undertaking bearing
such facsimile signature or facsimile seal affixed in the ordinary course of business shall be valid and binding
upon the company.
IN TESTIMONY WHEREC+f,,VWashington International Insurance Company has caused this instrument to be signed and its
corporate searl� �'• ' �y�Its authorized offi r, this $th day of November, 1992.
Ar '; • ��LiG�t WA OH IN /ATRIAL INSURANCE COMPANY
e
AV
1 Z •yb parr �y
: ICORPOI1t11
1 O: S E A L ►*� Stec, .P: 7, Vice President
•
�'r � �• C, �
STATE OF Iilj$?%at RiZONA00• .Oar
COUNTY OF
r 11.
On this 18th day ofdvember, 1992, before me came the individual who executed the preceding instrument, to me
personally known, and, being by me duly sworn, said that he is the therein described and authorized officer of the
Washington International Insurance Company; that the seal affixed to said instrument is the Corporate Seal of said
any;
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, the day and year first above
written.
"OFFICIAL SEAL"
CHRISTINE ZARETSKY i
Notary PubrK, State of Illinois C ristine 2aretsky; Notary Public.
r My Commission Expies October 7,-�1996
Mmr`? y Com 'si oti Expires 10-7-96
STATE OF ILLINOIS )
COUNTY OF COOK )
1, the undersigned, Secretary of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an AR120NA Corporation, DO HEREBY
CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and
furthermore that Article 111, Section S of the By -Laws of the Corporation, and the Resolution of the Board of
Directors, set forth in the Power of Attorney, are now in force.
Signed and sealed in the County of Cook. Dated t 8 TH ,of I 19 93 .
7 /
Lewis M. Moeller, Secretary
L
r+�
Y
P
F
r
F
r
r
r
STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUES OF TEXAS AS
AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REUULA SESSIOI��19�9
wL,.�(/,��j
KNOW ALL MEN BY THESE PRESENTS, that-WCA € 9G�C
(,he caj lqd they Principal (s) , as Phi cipal ( ) , and
(hereinafter called the Surety(s), are held and firmly bound unto the
Ci o �ubb�hereinafter lled the Obligee), in the amount of
5ollars ($ da) lawful money of the United
States payment whereo , the said Principal and Surety bind
themselves, and their heirs, administrators, executors, successors and
assigns, jointly and severally, by these presents.
WHEREAS, the Principal has en 9 ed i
with the Obligee, dated the .�- day
shown in the Plans, Specifications and Contract Documents
And said principal under the law is required before commencing the work
provided for in said contract to execute a bond in the amount of said
contract which contract which contract is hereby referred to and made
a part hereof as fully and to the same extent as if copied at length
herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
said Principal shall faithfully perform the work .in accordance with the
plans, specifications and contract documents, then this obligation shall
be void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the
provisions of Article 5160 of the Revised Civil Statutes of Texas as
amended by Acts of the 56th Legislature, regular session 1959, and all
liabilities on this bond shall be determined in accordance with the
provisions of said article to the same extent as if it were copied at
length herein.
IN WITNESS WHEREOF, the said Princip (s) and Surety have signed
and sealed this instrument this _ 1_3 day of _ %"
19cja�
BOND CHECK
BEST RATING 3
LICENSED IN TEXAS
DATE —117 BY
By:
By:
(Title)
(Title)
7
I
F
BOND NO. S-300-4223
STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS AS
AMENDED BY
ACTS OF THE 71 ST LEGISLATURE, REGULAR SESSION 1989
(McGREGOR ACT — PUBLIC WORKS)
(Penalty of this Bond must to 100% of Contract Amount)
KNOW ALL MEN BY THESE PRESENTS, That W.C. WARDROUP DBA WARDROUP & ASSOCIATES
(hereinafter called the Principal), as Principal. and
WASHINGTON INTERNATIONAL INSURANCE COMPANY
(hereinafter called Surety), as Surety,
are held and firmly bound unto CITY OF LUBBOCK
(hereinafter called the Obligee), in the amount of SIXTY SIX THOUSAND NINE HUNDRED EIGHTY—SEVEN AND
NO/100-------------------------------------------------- DOLLARS(S 66,987.00
for the payment whereof the said Principal and Surety bind themselves and their heirs, administrators, executors, successors
and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 22ND
day of APRIL .19 93 ,to DEMOLISH ALL BUILDINGS AND STRUCTURES ON BLOCK
135, CITY OF LUBBOCK AS SHOWN IN THE PLANS,
SPECIFICATIONS AND CONTRACT DOCUMENTS
which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants
supplying labor and material to him or a subcontractor In the prosecution of the work provided for in said contract, then this
obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil
Statutes of Texas as amended by Acts of the 71st Legislature. Regular Session, 1989, and all liabilities on this bond shall be
determined in accordance with the provisions of said article to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 13TH day of
MAY ,1993
BOND CHECK
BEST RATING t
LICENSED IN TEXAS
DATE 5J2"JU BY
W
GcJ
W.C. WARDROUP
WARDROUP & -AB
edfiAzve
HOWARD COWAN Attorney-.n•rac:
Washington
,vrF,r0xvtineA;%A4C_ ---4VFarc 1930 Thoreau Drive, Suite 101, Schaumburg, Illinois 60173
708%490-I850, Fax: 7081885-8710, Telex: 62603.950
IMPORTANT NOTICE
1. TO OBTAIN INFORMATION, OR MAKE A COMPLAINT YOU MAY CONTACT:
STEVE ANDERSON, VICE PRESIDENT/CONTRACT SURETY
708-519-4611
2. YOU MAY ALSO CALL WASHINGTON INTERNATIONAL'S TOLL FREE
NUMBER FOR INFORMATION OR TO MAKE A COMPLAINT AT:
1-800-338-0753
l 3. YOU MAY ALSO WRITE TO WASHINGTON INTERNATIONAL INSURANCE
l COMPANY AT:
4.
5.
6.
F 7.
WASHINGTON INTERNATIONAL INSURANCE COMPANY
1930•THOREAU DRIVE, SUITE 101
SCHAUMBURG, IL 60173
YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE TO OBTAIN
INFORMATION ON COMPANIES, COVERAGES, RIGHTS OR COMPLAINTS
AT:
1-800-252-3439
YOU MAY WRITE THE TEXAS DEPARTMENT OF INSURANCE:
P. O. BOX 149104
Austin, TX 78714-9104
Fax #(512)-475-1771
PREMIUM OR CLAIM DISPUTES:
SHOULD YOU HAVE A DISPUTE CONCERNING YOUR PREMIUM OR ABOUT
A CLAIM YOU SHOULD CONTACT THE COMPANY FIRST. IF THE'DIS—
PUTE IS NOT RESOLVED, YOU MAY CONTACT THE TEXAS DEPARTMENT
OF INSURANCE.
ATTACH THIS NOTICE TO YOUR POLICY:
THIS NOTICE IS FOR INFORMATION ONLY AND DOE: NOT BECOME A
PART OR CONDITION OF THE ATTACHED DOCUMENT.
L
General
WASHINGTON INTERNATIONAL INSURANCE COMPANY
POWER OF ATTORNEY
KNOW ALL KEN BY THESE PRESENTS: That the Washington InternationaL Insurance Company,a corporation organized and
existing under the laws of the State of Arizona, and having its principal office in the Village of Schaumburg,
Illinois, does hereby constitute and appoint
it • • HOWARD COWAN, KEVIN DUNN AND KARLA HILL7
Its true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all
bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof,
whien are c -, y be z: required, or permitted by law, statute, rule, regulation, contract or otherwise, and
the execution of such instruments) in pursuance of these presents, shall be as binding upon the said Washington
International Insurance Company as fully and amply, to all intents and purposes, as if the same has been duly
executed and acknowledged by its President at its principal office.
L This Power of Attorney shall be limited in amount to 52,000,000.00 for any single obligation.
This Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted
�RI•� March 22, 1978, July 3, 1980 and October 21, 1986 which read, in part, as follows:
�I 1. The President may designate Attorneys - in - Fact, and authorize them to execute on behalf of the Company, and
11 attach the Seal of the Company thereto, bonds, and undertakings, recognizances, contracts of indemnity and other
writings obligatory in the nature thereof, and to appoint Special Attorneys- in- Fact, who are hereby authorized to
certify to copies of any power -of -attorney issued in pursuant to this section and/or any of the By -Laws of the
Company, and to remove, at any time, any such Attorney - in - Fact or Special Attorney - in - Fact and revoke the authority
given him."
2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer
and Secretary, and the corporate seal of the Company, may be affixed to any Power of Attorney, certificate, bond or
undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate bond or undertaking bearing
such facsimile signature or facsimile seal affixed in the ordinary course of business shall be valid and binding
upon the company.
�+ IN TESTIMONY WHEREOF ashington International Insurance Company has caused this instrument to be signed and its
1 . corporate seat P% /Z its authorized off! r, F
7th day of November, 1992.
�40
! �rQ�•••• '•• •fG I� WA ON ATIONAL INSURANCE COMPANY
CORPORATE•;
z ; A • c� A _
O • S EA L ; rn 0 Steve P: Anarson, Vice President
•
•
•
STATE OF ti�i�I��. �IZONA•:• fl�
d � 7••s.s.• a'�o
COUNTY OF
On this 18th day af%h�vrember, 1992, before me came the individual who executed the preceding instrument, to me
personally known, and, being by me duly sworn, said that he is the therein described and authorized officer of the
Washington International Insurance Company; that the seal affixed to said instrument is the Corporate Seal of said
Company:
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, the day and year first above
written.
1 "OFFICIAL SEAL"
S CHRISTINE ZARETSKY fl ,
Notary PubCc, State of Illinois pristine Zaretsky, Notary PubLic.
My Commission Expires 7,--1996
My Cemm:ss:oh Expires 10-776
.r-.�-,rs-sc ac �s-�....rtfRfTFi'CATE
STATE OF ILLINOIS )
COUNTY OF COOK )
1, the undersigned, Secretary of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY
CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and
furthermore that Article III, section S of the By -Laws of the Corporation, and the Resolution of the Board of
Directors, set forth in the Power of Attorney, are now in force.
` Signed and sealed in the County of Cook. DatedZ
1 3 TH a of 19 93
Lewis M. Moeller, Secretary
AI1//1i11. CERTIFICATE OF INSURANCE ISSUE DATE (MM/ODIYY)
5/13/93
PRODUCER
!THE INWEST GROUP, INC.
!6 DESTA DRIVE, SUITE 5550
MIDLAND, TEXAS 79705
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
COMPANIES AFFORDING COVERAGE
�f
COMPANLETTERY
A
I�I}'
!I
COMPANY
BITUMINOUS CASUALTY INSURANCE
tttJJl
LETTER
B
INSURED
BITUMINOUS CASUALTY INSURANCE
W.C. WARDROUP DBA
I WARDROUP & ASSOCIATES
LETTEq"Y
C
T
P. 0. BOX 6999
BITUMINOUS CASUALTY INSURANCE
,LUBBOCK, TEXAS 79493
COMPANY
LETTER
D
TEXAS WC INSURANCE FUND
COMPANY
E
LETTER ALBANY INS. CO.
COVERAGES
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 E
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE (MM/DD/YY) DATE (MM/DDJYY)
i' GENERAL LIABILITY GENERAL AGGREGATE S 2000000
I A X COMMERCIAL GENERAL LIABILITY CLP2113803
CLAIMS MADE XOCCUR.
OWNER'S d CONTRACTOR'S PROT.
AUTOMOBILE LIABILITY
B X ANY AUTO CAP1802144
ALL OWNED AUTOS
SCHEDULED AUTOS
X HIRED AUTOS
X NON -OWNED AUTOS
GARAGE LIABILITY
)
it
D
OTHER $1, 250 , 000 LIMIT
E BUILDER RISK 8522317 10/1/92 10/1/93 $1,000 DEDUCTIBLE
DESCRIPTION OF OPERATIONS/LOCATIONS/VENICLES/SPECIAL ITEMS
RE: CITY OF LUBBOCK — DEMOLISH ALL BUILDINGS AND STRUCTURES ON BLOCK 135, CITY OF LUBBOCK AS
'SHOWN IN THE PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS. ADDITIONAL INSURED IN FAVOR OF
THE CITY OF LUBBOCK
CERTIFICATE HOLDER CANCELLATION
i, CITY OF LUBBOCK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
P. 0. BOX 2000 EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
LUBBOCK, TEXAS 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 REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
` I ACORD 25-S (7/90) 4A�k6OZION 1990
10/1/92 10/1/93 PRODUCTS-COMP/OPAGG. S 2000000
PERSONAL & ADV. INJURY S 1000000._
EACH OCCURRENCE S 1000000 _
FIRE: DAMAGE (Any one tire) S 50000
MED. EXPENSE (Am one Derson) S S n n n
COMBINED SINGLE
10/1/92 10/1/93 LIMIT a 1000000
BODILY INJURY S
(Per parson)
BODILY INJURY S
(Per accident)
PROPERTY DAMAGE S
EXCESS LIABILITY
X UMBRELLA FORM CUP1792675 10/1/92
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION
AND TSF10418500 10/1/92
EMPLOYERS' LIABILITY
EACH OCCURRENCE S 1000000
10/1/93 AGGREGATE S
X STATUTORY LIMITS
10/1/93 EACH ACCIDENT $ 500000
DISEASE —POLICY LIMIT S 500000
DISEASE —EACH EMPLOYEE S 500000 li
A1:11l:11� CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY)
5/13/93
PRODUCER ; THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
THE INWEST GROUP, INC. DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
�}- 6 DESTA DRIVE, SUITE 5550
POLICIES BELOW.
I
MIDLAND, TEXAS 79705 COMPANIES AFFORDING COVERAGE
COMPANY
A
LETTER
COMPANY
BITUMINOUS CASUALTY INSURANCE
INSURED
LETTER
B
W. C. WARDROUP DBA
COMPANY
C
WARDROUP & ASSOCIATES
LETTER
/
P. 0. BOX 6999
COMPANY
D
LUBBOCK, TEXAS 79493
LETTER
COMPANY E
LETTER
T
COVERAGES
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
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
'LTR DATE (MM/DDIYY) DATE (MMIDD/YY)
GENERAL LIABILITY GENERAL AGGREGATE S 1,000,000
A X COMMERCIAL GENERAL LIABILITY FORTHCOMING 5 / 13 /93 10 / 1 / 93 PRODUCTS-COMPIOP AGG. S
CLAIMS MADE X OCCUR. PERSONAL 6 ADV. INJURY S
X OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE S 500,000
J FIRE DAMAGE (Any one fire) S
MED. EXPENSE (Any am person) S
AUTOMOBILE LIABILITY
COMBINED SINGLE
ANY AUTO
S
LIMIT
ALL OWNED AUTOS
BODILY INJURY
SCHEDULED AUTOS
S
(Per person)
HIRED AUTOS
BODILY INJURY
NON -OWNED AUTOS
S
(Per accident)
GARAGE LIABILITY
PROPERTY DAMAGE S
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION
EACH OCCURRENCE S
AGGREGATE S
STATUTORY LIMITS
EACH ACCIDENT S
AND
DISEASE —POLICY LIMIT S
EMPLOYERS' LIABILITY
DISEASE —EACH EMPLOYEE S
OTHER
DESCRIPTION OF OPERATION S/LOCATIONSIVEHICLES/SPECIAL ITEMS
RE: CITY OF LUBBOCK - DEMOLISH ALL BUILDINGS AND STRUCTURES ON BLOCK: 135, CITY OF LUBBOCK AS
i SHOWN IN THE PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS. ADDITIONAL INSURED IN FAVOR OF
THE CITY OF LUBBOCK.
CERTIFICATE HOLDER CANCELLATION
it SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF LUBBOCK EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO
P . 0. BOX 2000 MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LUBBOCK, TEXAS 79457 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE C MPANY, ITS AGE T OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE `
ACORD 25-S (7/90) GACORD CORPORATION 1990
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this day
04-22-93 , by and between the City of Lubbock, County of
Lubbock, State of Texas, acting by and through David Langston,
Mayor, thereunto authorized to do so, hereinafter referred to as
Owner, and WARDROUP AND ASSOCIATES of the City of LUBBOCK, County
of LUBBOCK and the State of TEXAS, hereinafter termed 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 OWNER to
commence and complete the construction of certain improvements
described as follows:
THE DEMOLITION OF ALL BUILDINGS AND STRUCTURES ON BLOCK 135,
CITY OF LUBBOCK, as shown in the Plans, Specifications and
Contract Documents
and all extra work in connection therewith, 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 Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days
after the date written notice to do so shall have been given to him
and to substantially complete same within Thirty ( 30)
consecutive calendar days.
The OWNER agrees to pay the CONTRACTOR in current funds for
the performance of the contract in accordance with the proposal
submitted therefore, subject to additions and deductions, as
provided in the contract documents and to make payment on account
thereof as provided therein.
The Contract Documents shall include the following:
a. Notice to Bidders
b. General Instructions to Bidders
C. Bidder's Proposal
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d.. Statutory Bond (s)
e. Contract Agreement
f. General Conditions of the Agreement
g. Special Conditions
h. Plans (Sheets) 1 thru 3
i. Specifications
i. Insurance Certificates
J. Addenda
k. All other documents made available to bidder for his
inspection in accordance with the Notice to Bidders.
IN WITNESS THEREOF, the parties to these presents have
executed this agreement in Lubbock, Lubbock County, Texas in the
year and day first above written.
ATTEST:
(OWNER)
tecrfifary
APP OV� AS TO ONTE7�—
APPROVED
T AS FORM:
i v11 �_...; .
ATTEST:
Corporate Secretary
JNARDROUR & ASSOCIATES
CONTRACTOR
0
By:
TITLE:
COMPLETE ADDRESS:
,WARDR6 P & AS soCiAnS
COMRACIO
r y,Town(hsld wive - sw 5
GENERAL CONDITIONS OF THE AGREEMENT
1. OWNER
Whenever the word Owner, or the expression of the First Part,
or First Party, are used in this contract, it 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, is used, it shall be understood
to mean the person, persons, co -partnership or corporation,
to -wit: WARDROUP AND ASSOCIATES , who has agreed. to perform the
work embraced in this contract, or to his or their legal
representative.
3. OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative is used in this
contract, it shall be understood as referring to John Wilson,
General Manager of Citibus, City of Lubbock, under whose
supervision these contract documents, including the plans and
specifications, were prepared, and who will inspect
constructions; or to such other representative, supervisor,
or inspector as may be authorized by said owner to act in any
particular under this agreement. Engineers, supervisor, or
inspectors will act for the Owner under the direction of
Owner's Representative, but shall not directly supervise the
Contractor or men acting in behalf of the Contractor.
4. CONTRACT DOCUMENTS
The contract documents shall consist of the Notice to Bidders,
General Instructions to Bidders, Proposal, Signed Agreement,
Statutory Bonds (if required), General Conditions of the
Agreement, Special Conditions of the Agreement (if any),
Specifications, Plans, Insurance Certificate, and all other
documents made available to Bidder for his inspection in
accordance with the Notice to Bidders.
5. INTERPRETATION OF PHRASES
Whenever the words "Directed," "Permitted," "Designated,"
"Required," "Considered Necessary," "Prescribed," or words of
like import are used, it shall be understood that the
direction, requirement, permission, order, designation, or
prescription of the Owner's Representative is intended and
similarly the words "Approved," "Acceptable," "Satisfactory,"
or words of like import shall mean approved by or acceptable
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or words of like import shall mean approved by or acceptable
or satisfactory to the Owner's Representative.
Whenever in the Specifications or drawings accompany 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 said Specifications shall
be decided by the Owner's Representative, 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
The term Subcontractor, as employed herein, includes only
those having a direct contract with the Contractor for
performance of work on the project contemplated by these
contract documents. Owner shall have no responsibility to any
Subcontractor employed by Contractor for performance of work
on the project contemplated by these contract documents, but
said Subcontractors will look exclusively to Contractor for
any payments due Subcontractor.
7. WRITTEN NOTICE
I:
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.
8. WORK
Unless otherwise stipulated, the Contractor shall provide and
TT 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
jr contract documents. Unless otherwise specified, all materials
shall be new and both workmanship and materials shall be of
T a good quality. The Contractor shall, if required, furnish
satisfactory evidence as to the kind and quality of materials.
Materials or work described in words which so applied have
well known, technical or trade meaning shall be held to refer
such recognized standards.
i
All work shall be done and all material furnished in strict
Tconformity with the contract documents.
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The term "Substantially Completed" is meant 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.
10. LAYOUT
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 Owner's
Representative. The Owner's Representative will check the
Contractor's layout of all major structures and any other
layout work done by the contractor -at 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.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
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The Contractor shall be furnished with one copies of all
Plans, Profiles, and Specifications without expense to him and
he shall keep one copy of same consistently accessible on the
job site.
12. RIGHT OF _ENTRY
The Owner's Representative may make periodic visits to the
site to observe the progress of quality of the executed work
and to determine, in general, if the work is proceeding in
accordance with the contract documents. He will not be
required to make exhaustive or continuous on -site inspections
to check the quality or quantity of the work, nor will he be
responsible for the construction means, methods, techniques,
sequences, or procedures, or the safety precautions incident
thereto. His efforts will be directed towards providing
assurances for the Owner that the completed project will
conform to the requirements of the contract documents, but he
will not be responsible for the Contractors 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 guard the Owner against defects and deficiencies in the
work of the Contractor.
13. LINES AND GRADES
All lines and grades shall be furnished by the Owner's
Representative whenever necessary for the commencement of the
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work contemplated by these contract documents or the
completion of the work contemplated by these contract
documents. Whenever necessary, Contractor shall suspend his
work in order to permit Owner's Representative to comply with
this requirement, but such suspension will be as brief as
practical and 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 Contractor, and in case of careless .—
destruction or removal by him, his subcontractors, or his
employee, such stakes, marks, etc., shall be replaced by the
Owner's Representative at Contractor's expense.
14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the
parties to this agreement that the Owner's Representative
shall review all work included herein. He has the authority
to stop the work whenever such stoppage.may be necessary to
insure the proper execution of the contract. In order to
permit delays and disputes to discourage litigation it is
further agreed that the Owner's Representative shall, in all
cases, decide every question which may arise relative to the
execution of this contract on the part of said Contractor.
The Owner's Representative 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 this
contract; provided, however, that should Owner's
Representative render any decision or give any direction,
which in the opinion of either party hereto is not in
accordance with the meaning. and intent of this contract,
either partly 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 questions 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 direction of the Owner's Representative as "
rendered shall be promptly carried out, and any claim arising
therefrom shall be thereafter adjusted to arbitration as
hereinafter provided. -�
The Owner's Representative shall, within a reasonable time,
render and deliver to both the Owner and the Contractor a
written decision on all claims of the parties hereto and on
all questions which may arise relative to the execution of the
work or the interpretation of the contract, specifications,
and plans. Should the Owner's Representative fail to make such
decision within a -reasonable time, an appeal to arbitration
may be taken as if his decision had been.rendered against
4
the party appealing.
15. SUPERINTENDENCE AND INSPECTION
It is agreed by the Contractor that the Owner's Representative
shall be and is hereby authorized to appoint from time to time
such subordinate engineers, supervisors, or inspectors, as the
said Owner's Representative may deem proper to inspect the
materials furnished and the work done under this Agreement,
and to see that said material is furnished and said work is
done in accordance with the specifications therefore. 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. The Contractor shall regard and obey the directions and
instructions of any subordinate engineers, supervisors or
inspectors so appointed, when such directions and instructions
are consistent with the obligations of this Agreement and
accompanying plans and specifications provided, however,
should the Contractor object to any orders by any subordinate
engineer, supervisor or inspector, the Contractor may within
six (6) days make written appeal to the Owner's Representative
for his decision.
16. 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 or Owner's Representatives will not be,responsible
for the acts or omissions of the Contractor, or any
subcontractors, or any of his agents or employees, or any
other persons performing any of the work.
17. 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
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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 effect the 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 effect or modify any of the terms or
obligations herein contained.
18. CHARACTER OF WORKMEN
The Contractor agrees to employ only orderly and competent
men, skillful in the performance in the type of work required
under this contract, to do the work; and agrees that whenever
the Owners's Representative shall inform him in writing that
any man or men on the work, are, in his opinion, incompetent,
unfaithful, or disorderly, such man or men shall be discharged
from the work and shall not again be employed on the work
without"the Owner's Representative written consent.
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment,
machinery and materials necessary in the prosecution and
completion of this contract where it is not otherwise
specifically provided that Owner shall furnish same, and it
is also understood that 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 men 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 structure shall at all times be
maintained in a manner satisfactory to the Owner's
Representative.
20. SANITATION
Necessary sanity conveniences for the use of laborers on the
work site, properly secluded from public observation, shall
be constructed andmaintainedby the Contractor in such a
manner and at such points as shall be approved by the Owner's
Representative and their use shall be strictly enforced.
21. OBSERVATION AND TESTING
.The Owner or Owner's Representative shall have the right at
all reasonable times to observe and test the work. Contractor
shall make necessary arrangements and provide proper
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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 observation which
may be contemplated by Owner or Owner's Representative and
shall give ample notice as to the time each part of the work
will be ready for such observation. Owner or Owner's
Representative 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 Owner's Observer has
previously accepted the work through oversight or otherwise.
If any work should be covered without approval or consent of
the Owner, it must, if requested by Owner or Owner's
Representative, be uncovered for examination at Contractor's
expense. In the event that any part of the work is being
fabricated or manufactured at a location where it is not
L.
convenient for Owner or Owner's Representative to make
observations of such work or require testing of said work,
{�*
then is such event of Owner or Owner's Representative may
f
require Contractor to furnish Owner or Owner's Representative
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 may be 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 or Owner's Representative, it must, if requested by
the Owner or Owner's Representative, 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,
t inspections or approval, and any work which meets the
requirements of any such tests or approval but does not meet
F., 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 or Owner's Representative,
nor inspections, tests, or approvals made by Owner, Owner's
Representative, 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 documents.
C22. DEFECTS AND THEIR REMEDIES
�^ It is further agreed that if the work or any part thereof, or
I 7
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
or Owner's' Representative as unsuitable or not in conformity
with plans, specification and contract documents, the
Contractor shall, after receipt of written notice thereof from
the Owner's Representative, forewith remove such material and --
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 as hereinabove set forth
shall be at Contractor's expense.
23. 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 for damages, or anticipated profits on the work that
may be dispensed with. If they increase the amount of work,
and the increased work can fairly be classified under the
specifications, such increase shall be paid according to the
quantity actually done and at the unit price established for
such work under this contract; otherwise such additional work
shall be paid for as provided under Extra Work. In case the
Owner shall make such changes or alterations as shall make
useless any work already done or material already furnished
or used in said work, then the Owner shall recompense the
Contractor for any material or labor so used, and for any
actual loss occasioned by such change, due to actual expenses
incurred in preparation for the work as originally planned.
24. EXTRA WORK
The term "extra work" as used in this contract shall be
understood to mean and include all work that may be required
by the Owner or Owner's Representative to be done by the
Contractor to accomplish any change, alteration or addition
to the work as shown on the plans and specifications or
contract documents and not covered by 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 Owner's Representative; subject,
however, to the right of the Contractor to require written
confirmation of such extra work order by the Owner. It is
also agreed that the compensation to be paid to the Contractor
for performing said extra; work shall be determined by the
8
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 f ield cost of the work,
plus fifteen (15%) 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 laborers, materials, supplies, teams, trucks, rentals on
machinery and 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 or Owner's Representative, or by them
agreed to. Owner's Representative 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 Representative 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,
(-•
the prices for the use of machinery and equipment shall be
determined by using 100%, unless otherwise specified, of
C.-
the latestSchedule of Equipment and Ownership Expenses
adopted by the Associated General Contractors of America.
Where practical, the terms and prices for the use of
"
machinery and equipment shall be incorporated in the written
extra work order. The fifteen percent (15%) of 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 Owner's Representative. In case any
i
orders or instructions appear to the Contractor to involve
extra work for which heshouldreceive compensation or an
r--
adjustment in the construction time, he shall make 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 therefore, and the Owner's Representative
insists upon its performance, the Contractor shall proceed
with the work after making written request for written order
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and shall keep adequate account of the actual field cost
thereof, as provided under Method (C). The Contractor will
thereby preserve the right to submit the matter of payment to
arbitration as herein below provided.
25. DISCREPANCIES AND OMISSIONS
It is further agrees 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
prices quoted by the Contractor and that such price shall
include all appurtenances necessary to complete the work is
accordance with the intent of these contract documents as
interpreted by Owner's Representative. If the Contractor finds
any discrepancies or omissions in these plans, specifications,
or contract documents, he should notify the Owner's Representative
and obtain a clarification before the bids are received, and if
no such request is received by the Owner's Representative
prior to the opening of bids, then it shall be considered 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 specifications. It is
further understood that any request for clarification must be
submitted no later than five days prior to the opening of bids.
26. RIGHT OF THE OWNER TO MODIFY METHODS AND EQUIPMENT
If at any time the methods or equipment used by the Contractor
are found to be inadequate to secure the quality of work with
the rate of progress required under this contract, the Owner
or Owner's Representative may order the Contractor in writing
to increase their safety or improve their character and
efficiency and the Contractor shall comply with such order.
If, at any time, the working force of the Contractor is
inadequate for securing the progress herein specified, the
Contractor shall, if so ordered in writing increase his force
or equipment, or both to such an extent as to give reasonable
assurance of compliance with the schedule of progress.
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27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
The Contractor shall take out and procure a policy or policies -
of Workmen's Compensation Insurance with an insurance company
licensed to transact business in the. State of Texas, which
policy shall comply with the Workmen's Compensation 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 and building
and construction codes. All machinery and equipment and other
10
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, his sureties and insurance carrier shall defend,
indemnify and save harmless the Owner and all of its officers,
agents, and employees from all suits, actions, or claims of
any character whatsoever, brought for or on account of any
injuries of damages received or sustained by any person or
j
persons or property, on account of any negligent act or fault
`
of the Contractor or any subcontractor, their agents or
.,
employees, in the execution and supervision of said contract,
j
and the project which is the subject matter of this contract,
t
on account of the failure of Contractor or any subcontractor
to provide necessary barricades, warning lights, or signs and
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will be required to pay any judgement with costs which may be
obtained against the Owner or any of its officers, agents, or
employees including attorneys fees.
The safety precautions taken shall be the sole responsibility
of the Contractor, in his sole discretion as an Independent
Contractor; inclusion of this paragraph in the Agreement, as
well as any notice which may be given by the Owners or Owner's
Representative concerning omissions under this paragraph 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 by either
the Contractor or any of his subcontractors.
28. CONTRACTOR"S INSURANCE
The Contractor shall procure and carry at his sole cost and
expense through the life of this contract, insurance
protection as herein after specified. Such insurance shall
be carried with an insurance company authorized to transact
business in the State of Texas and shall cover all operations
in connection with this contract, whether performed by the
Contractor or a subcontractor, or separate policies shall be
provided covering the operation of each subcontractor.
A. Comprehensive General Liability Insurance
The contractor shall have Comprehensive General Liability
Insurance with limits of $300,000 Bodily Injury and
$300,000 Property Damage per occurrence to include:
Premises and Operations
Explosion & Collapse Hazard
Underground Damage Hazard
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Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury (with exclusion "c" waived)
The City is to be named as an additional insured on this ,-
policy for this specific job, and copy of the endorsement
doing so is to be attached to the Certificate of
Insurance.
B. Owner's Protective or Contingent. Public Liability
Insurance and Property Damage Liability Insurance.
The Contractor shall obtaintan Owner's Protective or
Contingent Public Liability Insurance policy naming the
City of Lubbock as insured and the amount of such policy
shall be as follows:
For bodily injuries, including accidental death, $500,000
per occurrence, and $100,000 for Property Damage.
C. Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile
Liability Insurance with limits of not less than;
Bodily Injury $250/500,000
Property Damage $100,000
to include all owned and non -owned cars including: —
Employers Non -ownership Liability Hired and Non -Owned
Vehicles. The City is to be named as an additional
insured on this policy for this specific job and copy of
the endorsement. doing so is to be attached to the
Certificate of.Insurance.
D. Builder's Risk Insurance --
The Contractor shall obtain a Builder's Risk policy in
the amount of (100% of potential
loss) naming the City of Lubbock as insured.
E. Excess or Umbrella Liability Insurance
The Contractor shall have Excess or Umbrella Liability
Insurance in the amount of
(1,000,000 minimum) with coverage to correspond with --
Comprehensive General Liability and Comprehensive
Automobile Liability coverages.
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The City is to be named as an additional insured on this
policy for this specific job and copy of the endorsement
doing so is to be attached to the Certificate of
Insurance.
F. Worker's Compensation and Employer's Liability Insurance
As required by State statute covering all employees
whether employed by the Contractor or any Subcontractor
on the job with Employers Liability of at least $100,000
limit.
G. Proof of Coverage
Before work on this contract is commenced, each
Contractor and subcontractor shall submit to the Owner
for approval five Certificateds of Insurance covering
each insurance policy carried and offered as evidence of
compliance 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.
(3) The name of the policy and type or types of
insurance in force thereunder on the date borne by
such certificate.
(4) The expiration date of the policy and the limit or
limits of liability thereunder on the date borne by
such certificate.
(5) A provision that the policy may be cancelled only
by mailing written notice to the named insured at
the address shown in the bid specifications.
(6) A provision that written notice shall Abe, given to
the City ten days prior to any change in or
cancellation of the policies shown on certificate.
(7) A provision that written notice shall be on the form
(or identical copies thereof) contained in the job
specifications. No substitute of nor amendment
thereto will be acceptable.
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29. DISABLED EMPLOYEES
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Contractors having more than 15 employees agree to comply with _
the Americans with Disabilities Act of 1990, and agree not to
discriminate against a qualified individual with a disability
because of the disability of such individual with regard to
job application procedures, the hiring, advancement, or
discharge of employees, employee compensation, job training,
and other terms, conditions, and privileges of employment.
r..
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 harmless from all claims growing out of any demands of
subcontractors, laborers, workmen, mechanics, materialmen and
furnishers of machinery and parts thereof, equipment, power
tools, all supplies, including commissary, incurred in the
furtherance of the performance of this contract. When Owner _
so desires, the Contractor shall furnish satisfactory evidence
that all obligations of the nature hereinabove designated
have been paid, discharged or waived.
If during the progress of the work, Contractor shall allow any
indebtedness to accrue for work furnished by any of those
designated in the preceding paragraph and shall fail to pay
and discharge any such indebtedness within five (5) days after
demand is made, then Owner may, during the period for which
such indebtedness shall remain unpaid, withhold from the
unpaid portion of this contract, a sum equal to the amount of
such unpaid indebtedness or may apply the sum so withheld to
discharge any such indebtedness.
Any and all communications between any party under this
paragraph must be in writing.
31. PROTECTION AGAINST ROYALTIES FOR PATENT INVENTION
The Contractor shall pay all royalties and license fees, and
shall provide for the use of any design, device, material or
process covered by letters patent or copyright by suitable
legal agreement with the Patentee or Owner thereof. The
Contractor shall defend all suits or claims for infringement
of any patent or copyrights and shall indemnify and save the
Owner harmless from any loss on account thereof, except that
Owner shall defend all 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 specified or required in
these contract documents by Owner; provided, however, if
choice of alternate design, device, material, or process is
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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 effect 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 Owner's
Representative in writing and any necessary changes shall be
adjusted as provided in the contract for changers in 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. ASSIGNMENT AND SUBLETTING
The Contractor further agrees that he will retain personal
control and will give his personal attention to the
fulfillment of this contract. The Contractor further agrees
that subletting any portion or feature of the work, or
materials required in the performance of this contract, shall
not relieve the Contractor from his full obligations to the
Owner, as provided by this contractual agreement.
34. 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 time
for completion as specified in the contract of work to be done
hereunder are essential conditions of this contract; and it
is further mutually understood and agreed that the work
embraced in this contract shall be commenced on a date to be
specified in the Notice to Proceed.
15
If the Contractor should neglect, fail, or refuse to complete
the work within the time herein specified, or any proper
extension thereof granted by the Owner, then the Contractor
does hereby agree as a part of the consideration for the
awarding of this contract, the Owner may withhold permanently
form Contractor's total compensation, the sum of $0.00 () PER
DAY, not as a penalty, but as liquidated damages for the breach
of the contract as herein set forth for each and every
calendar day that the Contractor shall be in default after the
time stipulated for completing the work.
It is expressly understood and agreed, by and between the
Contractor and the Owner, -that the time for -the completion of
the work described herein is reasonable time for the
completion of the same, taking into consideration the average
climatic change and conditions and usual industrial conditions
prevailing in this locality.
The amount is fixed and agreed upon by and between the
Contractor and the Owner because of the impracticability and
extreme difficulty in fixing and ascertaining actual damages
the Owner would in such event sustain, and the amount is
agreed to be damages the Owner would sustain and shall be
retained by the Owner from current periodical estimates for
payments or from final payment.
It is further agreed and understood between the Contractor and
Owner that the time is of the essence of this contract.
35. 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 of precedence, and in such manner as
shall be most conductive 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 the proposals; provided, also, that when the Owner
is having other work done, either by contract or by his own
force, the Ownerl's Representative may direct the time and
manner of constructing work done under this contract so that
the 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 many as may
reasonably be requested by the Ownerfs Representative,
schedules which shall show the order in which the Contractor
proposes 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.
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36. -EXTENSION OF TIME
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The Contractor agrees that he has submitted his proposal in
` full recognition of the time required for the completion of
this project, taking into consideration the average climatic
range and industrial conditions prevailing in this locality,
and has considered the liquidated damage provisions of
paragraph 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, 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 justification as may be required by
t Owner's Representative within ten (10) days after receipt of
a written request for an extension of time by the Contractor
1�- supported by all requested documentation shall then submit
such written request to the City Council of the City of
Lubbock for their consideration. Should the Contractor
disagree with the action of City Council on granting an
extension of time, such disagreement shall be settled by
arbitration as herein provided.
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37. HINDRANCE AND DELAYS
In executing the contract 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 hindrances and delays incident to such
work, whether growing out of delays in securing material or
workmen or otherwise. No charge shall be made by the.
Contractor for hindrance or delays from any cause during the
progress of any part of the work embraced in this contract
except where the work is stopped by order of the Owner or
Owner's Representative for the Owner's convenience, in which
event, such expense as in the judgement of the Owner's
Representative that is caused by such stoppage: shall be paid
by owner to Contractor.
38. 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, plans and other contract documents are
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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 approximate 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 any materials furnished on the project.
39. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the adjacent
or adjoining property of properties in any way encountered,
which may be injured or seriously affected by any process of
construction to be undertaken under this agreement, from any
damage or injury by reason of said process of construction;
and he shall be liable for any and all claims for such 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 claims or claims for damages
due to any injury to any adjacent or adjoining
property, arising or growing out of the performance of this
contract, but such indemnity shall not apply to any claim of
any kind arising out of the existence or character of the
work.
40. PRICE FOR WORK
In consideration of the furnishing of all necessary labor,
equipment and material and the completion of all work by the
Contractor, and on all materials embraced in this contract in
full conformity with the specifications and stipulations
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
materials and all labor required for the aforesaid work, also,
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,
plans, contract documents, and requirements of Owner's
Representative.
41. PAYMENTS
No payments made or certificates given shall be considered as —
conclusive evidence of the performance of the contract, either
wholly or in part, nor shall anycertificate or payment be
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considered as acceptance of defective work. Contractor shall
at any time requested during the progress of the work furnish
the Owner or Owner's Representative with a verifying
certificate showing the Contractor's total outstanding
indebtedness in connection with the work. Before final
payment is made, Contractor shall satisfy Owner, by affidavit
or otherwise, that there are no outstanding liens against
Owner's premises by reason of any work under the contract.
r Acceptance by Contractor of final payment of the contract
shall constitute a waiver of all claims against Owner which
have not therefore been timely filed as provided in this
Contract.
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42. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall
submit to Owner's Representative an.application or partial
payment. Owner's Representative shall review said application
for partial payment and the progress of the work 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; said
statement shall also include the value of all sound materials
delivered on site of the work that are to be fabricated into
the work.
The Owner shall then pay the Contractor on or before the
fifteenth day of the current month the total amount of the
Owner's Representative's Certificate of Partial Payment, less
5% of the amount thereof, which 5% shall be retained until
final payment, and further, less all previous payments and all
further sums that may be retained by Owner under the terms of
this agreement. It is understood, however, that in case the
whole work be near to completion, and this fact is certified
to by owner's Representative and some unexpected and some
unusual delay occurs due to no fault or negligence on the part
of the Contractor, the Owner may upon written recommendation
of Owner's Representative pay a reasonable and equitable
portion of the retained percentage due Contractor.
43. FINAL COMPLETION AND ACCEPTANCE
Within thirty-one (31) days after the Contractor has given the
Owner's Representative written notice that the work has been
completed or substantially completed, the Owner's
Representative and the Owner shall inspect the work and
within said time, if the work be found to be completed or
substantially completed, on accordance with the contract
documents, the Owner's Representative shall issue to the Owner
and Contractor his certificate of completion, and thereupon
it shall be the duty of the Owner within thirty-one (31) days
19
to issue a certificate of acceptance of the work to the
Contractor.
44. FINAL PAYMENT
Upon the issuance of the certificate of completion, the
Owner's Representative shall proceed to make final measurement
and prepare a final statement of the value of all work
performed and materials furnished under the terms of the
agreement, and shall certify same to the Owner, who shall pay
to the Contractor on or before the 31st day after the date of
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 this contract;
and said payment shall become due in any event upon said
performance by the Contractor. Neither the certificate of
acceptance nor the final payment, nor any provisions in the
contract documents shall relieve the Contractor of the
obligation for fulfillment of any warranty which may be
required in the special conditions (if any) of this contract
or required in the specifications made a part of this
contract.
45. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK
Contractor shall promptly remove from 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 Contractor shall at his
own expense promptly replace such condemned materials with
other materials conforming to `the requirements of the
contract. Contractor shall also bear the expense of restoring
all work of other contractors damaged by any such removal or
replacement. If Contractor does not remove and replace
condemned work within a reasonable time after a written notice
by the Owner or the Owner's Representative, Owner may remove
and replace it at Contractor's Expense.
46. 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 resulting 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 a reasonable promptness.
47. PAYMENT WITHHELD
The Owner may, on account of subsequently discovered evidence,
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withhold or nullify the whole or part of any certificate to
r� such extent as may be necessary to protect himself from loss
p on account of•
9
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence indicating possible
filing of claims.
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(c) Failure of the Contractor to make payments promptly to
subcontractors or for materials or labor.
(d) Damage to another contractor.
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 them.
48. TIME OF FILING CLAIMS
It is further agreed by both parties hereto that all questions
of dispute or adjustment presented by the Contractor shall be
in writing and filed with the Owner's Representative within
fifteen (15) days after the Owner's Representative has given
any directions, order or instruction 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 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.
49. 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 within ten (10) days,
he shall be chosen by the District Judge, 72nd Judicial
District of Texas. Each 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.
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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 demanding 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 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 CONDITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION.
The arbiters, if they deem the case demands it, are authorized
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.
50. 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 or the Owner's Representative, or if the
contractor fails to comply with the orders of the owner's
Representative, when such orders are consistent with this
contract, this Agreement, 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 material 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
paragraph 24'of this contract); it being understood that the
22
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use of such equipment and materials will ultimately reduce the
cost to complete the work and be ,reflected in,thefinal
settlement.
In case the Surety should fail to commence compliance with the
notice for completion hereinbefore provided for within ten
(10) days after the service of such notice, then the Owner may
provide for completion of the work in either of the following
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elective manners:
(a) The owner may employ such force of men and use of
machinery, equipment, tools, materials and supplies as
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said Owner may deem necessary to complete the work and
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charge the expense of such labor, machinery, equipment,
tools, materials, 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 said
Contractor, then the Contractor and/or his Surety shall
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pay the amount of such excess to the Owner; or
4
(b) The Owner, under sealed bids, after notice published as
rrequired
by law, at least twice in a newspaper having a
general circulation in the County of location of the
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work, 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 havebeen the cost under this
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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
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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
paragraph 42 hereinabove set forth, shall be issued. A
complete itemized statement of the contract accounts,
certified to by Owner's Represent ative as being correct
shall then be prepared and delivered to 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 30 days after the date of certificate
j' of completion.
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In the event the statement of accounts shows that the cost to
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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 ..ofthe work
shall be turned over to the Contractor and/or his Surety.
Should the cost to complete the work exceed the contract
price, and the Contractor and/or his Surety fail to pay the --
amount due the Owner within the time designated hereinabove,
and there remains any machinery, equipment, tools, materials,
or supplies on the site of the work, notice thereof, together
with an itemized list of such equipment and materials shall
be mailed to the Contractor and his Surety at the respective
addresses designated in this contract; provided, however, that
actual written notice given in any manner will satisfy this --
condition. After mailing, or -other giving of such notice,
such property shall be held at the risk of the Contractor and
his Surety subject only to the duty of the Owner to exercise
ordinary care to protect such property. After fifteen (15)
days from the date of said notice the Owner may sell such
machinery, equipment, tools, materials, or supplies and apply
the net sum derived from such sale to the credit of the -'
Contractor and his Surety. Such sale may be made at either
public or private sale, with or without notice, as the Owner
may elect. The Owner shall release any machinery, equipment,
tools, materials, or supplies which remain on the *jobsite and
belong to persons other than the Contractor or his Surety, to
their proper owners.
51. 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
equipment, 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 Owner's
Representative shall make an estimate of the total amount
earned by the Contractor, which estimate shall include the �-
,value of all work actually completed by said Contractor at
the priced 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 priced agreed
upon, or provided for by term 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 Owner's Representative shall then
make a final statement of the balance due to the Contractor
24
by deducting from the above estimate all previous payments by
the Owner and all other sums that may be retained by the Owner
under the terms of this Agreement, and shall certify same to
the Owner who shall pay to the Contractor on or before thirty
( 3 0 ) days after the date of the notification by the Contractor
the balance shown by said final statement as due the
Contractor, under the terms of this Agreement.
52. BONDS
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 loot
of the total contract price, in the event said contract price
exceed $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 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 not be in effect until
such bonds are so furnished.
53. SPECIAL CONDITIONS
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.
54. 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
circumstance and prosecution of the same, or from unusual
obstructions 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.
55. INDEPENDENT CONTRACTOR
^` Contractor is, and shall remain, an independent contractor
with full, complete and exclusive power and authority to
direct, supervise, and control his own employees and to
r" determine the method of the performance of the work covered
hereby. The fact that the Owner or Owner's Representative
shall have the right to observe Contractor's work during his
performance and to carry out the other prerogatives which are
expressly reserved to and vested in the Owner or Owner's
Representative hereunder, is not intended to and shall not at
any time change or effect the status of Contractor as an
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independent contractor with respect to either the Owner or
Owner's Representative or to the Contractor's own employees _
or to any other person, firm, or corporation.
56. 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 workroom clean or its equivalent. The work shall
be left in good order and condition. -In case of dispute Owner ^
may remove the debris and -charge the cost to the Contractor.
26
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FTA GUIDELINES AND REGULATIONS.
This project is in part funded by the Federal Transportation
Administration (FTA). FTA regulations require all grant
recipients, contractors/subcontractors associated with projects
funded in whole or in part to comply with all applicable FTA
requirements and federal statutes/regulations including but not
limited to the following:
* Federal Transportation Administration Act of 1964, as
amended, 49 U.S.0 1601 et. seq.
* Surface Transportation Assistance Act of 1982, as amended.
is
* Americans with Disability Act of 1990.
* 49 CFR Part 27 - Elderly and Handicapped
* 41 CFR section 101-19.6 - Accommodations for Physically
Handicapped.
* 29 CFR Part 1926 - Safety Standards.
* 40 CFR Part 249 - Use of Fly Ash in Procurement of Cement
and Concrete.
As per FTA guidelines, the following clauses/provisions shall be
caused or required to be inserted in full by the contracting
officer.
LABOR PROVISIONS - CONSTRUCTION CONTRACTS
1. Minimum Wages.
a. All laborers and mechanics employed or working 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 (29CFR Part 3)), the full
amount of wages and bona fide fringe benefits (or cash
equivalents thereof) due at time of payment computed at
rates not less than those contained in the wage
determination of the Secretary of Labor which is
t attached hereto and made a part hereof, regardless of
any contractual relationship which may be alleged to
exist between the contractor and such laborers and
mechanics. Contributions made or costs reasonably
anticipated for bona fide fringe benefits under Section
1 (b) (2) of the Davis -Bacon Act on behalf of laborers
or mechanics are considered wages paid to such laborers
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or mechanics, subject to the provisions of paragraph
(a) (1) (iv) of 29 CFR 5.5; also, regular contributions
made or costs incurred for more than a weekly period.
.Such laborers and mechanics shall be paid the
appropriate wage rate and fringe benefits on the wage
determination for the classification of work actually
performed, without regard to skill, except as provided
in 29 CFR 5.5 (a) (4). Laborers or mechanics
performing work in more than one classification may be
compensated at the rate specified for each
classification for the time actually worked therein:
provided, that the employer's payroll record accurately
set forth the time spent in each classification in
which work is performed. The wage determination
(including any additional classification and -wage rates
conformed under paragraph (a) (1) (ii) of 29 CFR 5.5
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 andaccessible
place where it can be easily seen by the workers.
b. (1) The contracting officer shall require that 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. The
contracting officer shall approve an additional
classification and wage,rate and fringe benefits
therefore only when the following criteria have
been met:
(a) The work to be performed by the
classification requested is not performed by
a classification in the wage determination;
and
(b) The classification is utilized in the area by
the construction industry; and
(c) The proposed wage rate, including any bona
fide fringe benefits,, bears a reasonable
relationship to the wage rates contained in
the wage determination.
(2) If the contractor and the laborers and mechanics
to be employed in the classification (if known),
or their representatives, and the contracting
officer 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 the contracting
officer to the administrator of the Wage and Hour
Division, Employment Standards Administration,
U.S. Department of Labor, Washington, D.C. 20210.
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The Administrator, or an authorized
representative, will approve, modify, or
disapprove every additional classification action
within 30 days of receipt and so advise the
contracting officer or will notify the contracting
officer within the 30-day period that additional
time is necessary.
(3) In the event the contractor, the laborers or
mechanics to be employed in the classification or
their representatives, and the contracting officer
do notagreeon the proposed classification and
wage rate (including the amount designated for
fringe benefits, where appropriate), the
contracting officer shall refer the questions
including the views of all interested parties and
the recommendation of the contracting officer to
the Administrator for determination. The
Administrator, or an authorized representative,
will issue a determination within 30 days of
receipt and so advise the contracting officer or
will notify the contracting officer within the 30-
day period that additional time is necessary.
(4) The wage rate (including fringe benefits where
appropriate) determined pursuant to subparagraphs
(a) (1) (b) or (c) of 29 CFR 5.5, shall be paid to
all workers performing work in the classification
under this contract from the first day on which
work is performed in the classification.
c. Whenever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes
a fringe benefit which is not expressed as an hourly
rate, the contractor shall either pay the benefit as
stated in the wage determination or shall pay another
bona fide fringe benefit or an hourly cash equivalent
thereof.
d. If the contractor does not make payments to a trustee
or other third person, the contractor may consider as
part of the wages of any laborer or mechanic the amount
of any costs reasonably anticipated in providing bona
fide fringe benefits under a plan or program, provided,
that the Secretary of Labor has found, upon the written
request of the contractor, that The 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.
2. Withholding
DOT shall upon its own action or upon written request of an
authorized representative of the Department of Labor
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withhold or cause to be withheld from the contractor under
this contract or any other Federal contract with the same
prime contractor, or any other Federally -assisted contract
subject to Davis -Bacon prevailing wage requirements, which
is held by the same prime contractor, so much of the accrued
payments or advances as may be considered necessary to pay
laborers and mechanics, including apprentices, trainees, and
helpers, employed by the contractor or any subcontractor the
full amount of wages required by the contract. In the event
of failure to pay any laborer or mechanics, including any
apprentice, trainee, or helper, employed or working on the
site of the work (or under the United -States Housing Act of
1937 or under the Housing Act of 1949 in the construction of
development of the project), all or part of the wages
required by the contract, DOT may, after written notice to
the contractor, sponsor, applicant, or owner, take such
action as may be necessary to cause.the.suspension of any
further payment, advance, or guarantee of funds until such
violations have ceased.
3. Payrolls and Basic Records
a. 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 Housing Act of 1949,
in the construction or development of the project).
Such records shall contain the name, address, and
social security number of each such worker, his or her
correct classification, hourly rates of wages paid
(including rates of contributions or costs anticipated
for bona fide fringe benefits or cash equivalents
thereof of the types described in Section 1 (b) (2) (b)
of the Davis -Bacon Act, daily and weekly number of
hours worked, deductions made and actual wages paid.
Whenever the Secretary of Labor has found under 29 CFR
5.5(a) (1) (iv) that the wages of any laborer or
mechanic include the amount of any costs reasonably
anticipated in providing benefits under a plan or
program described in Section 1(b) (2) (b) of the Davis -
Bacon Act, the contractor shall maintain records which
show that the commitment to provide such benefits is
enforceable, that the plan or program is financially
responsible, and that the plan or program has been
communicated in writing to,the laborers or mechanics
affected, and records which show the costs anticipated
or the actual costs incurred in providing such
benefits. Contractors employing apprentices or --
trainees under approved programs shall maintain written
evidence of the registration of apprenticeship programs
and certification of trainee programs, the registration
of the apprentices and trainees, and the ratios and
wage rates prescribed in the applicable programs.
b. (1) The contractor shall submit weekly, for each week
in which any contract work is performed, a copy of
all payrolls to the grantee. The payrolls
submitted shall set out accurately and completely
all of the information -required to be maintained
under 5.5 (a) (3) of regulations, 29 CFR Part 5.
This information may be submitted in any form
desired, optional form WH-347 is available for
this purpose and may be purchased from the
Superintendent of Documents (Federal stock number
029-005-00014-1), U.S. Government Printing Office,
Washington, D.C. 20402. The prime contractor is
responsible for the submission of copies of
payrolls by all subcontractors.
(2) Each payroll submitted shall be accompanied by a
"Statement of Compliance", signed by the
contractor or subcontractor or his or her agent
who pays or supervises the payment of the persons
employed under the contract and shall certify the
following:
a. That the payroll for the payroll period
contains the information required.to be
maintained under Section 5.5 (a) (3) (i) of
regulations, 29 CFR Part 5 and that such
information is correct and complete.
b. That each laborer or mechanic (including each
helper, apprentice, and trainee) employed on
the contract during the payroll period has
been paid the full weekly wages earned,
without rebate, either directly or
indirectly, and that no deductions have been
made either directly or indirectly from the
full wages earned, other than permissible
deductions as set forth in regulations, 29
CFR Part 3.
c. That each laborer or mechanic has been paid
not less than the applicable wage rates and
fringe benefits or cash equivalents for the
classification of work performed, as
specified in the applicable wage
determination incorporated into the contract.
(3) The weekly submission of a properly executed
certification set forth on the reverse side of
optional form WH-347 shall satisfy the requirement
for submission of the "Statement of Compliance"
required by paragraph (a) (3) (11) (b) of 29 CFR
Section 5.5.
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(4) The falsification.of any of the above
certifications may subject the contractor or
subcontractor to civil or criminal prosecution
under Section 1001 of Title 18 and Section 231 of
Title 31 of the United States Code.
C. The Contractor or subcontractor shall make the records
required under paragraph (a) (3) (i) of 29 CFR Section
5.5 available for inspection, copying, or transcription
by authorized representatives of DOT or the Department
of Labor, and shall permit such representatives to
interview employees during working hours on the job.
If the contractor or subcontractor fails to submit the
required records or to make them available, the federal
agency may, after written notice to the contractor,
sponsor, applicant, or owner, take such action as may
be necessary to cause the suspension of any further
payment, advance or guaranteeof funds. Furthermore,
failure to submit the required records upon request or
to make such records available may be grounds for
debarment action pursuant to 29 CFR Section 5.12.
4. APPRENTICES AND TRAINEES
a. Apprentices. Apprentices will be permitted to work at
less than the predetermined rate for the work they
performed when they are employed pursuant to and
individually registered in a bona fide apprenticeship
program registered with the U.S. Department of Labor,
Employment and Training Administration, Bureau of
Apprenticeship and Training, or with a state
apprenticeship agency recognized by the Bureau, or if a
person is employed in his or her first 90 days of
probationary employment as an apprentice in such an
apprenticeship program, who is not individually
registered in the program, but who.has been certified
by the Bureau of Apprenticeship and Training or a state
apprenticeship agency (where appropriate) to be
eligible for probationary employment as an apprentice.
The allowable ratio of apprentices to journeymen on the
job site in any craft classification shall not be
greater than theratiopermitted to the contractor as
to the entire work force under the registered program.
Any worker listed on a payroll at an apprentice wage
rate, who is not registered or otherwise employed as
stated above, shall be paid not less than the
applicable wage rate on the wage determination for the _
classification of work actually performed. In
addition, any apprentice performing work on the job
site in excess of the ratio permitted under the
registered program shall be paid not less than the
applicable -wage rate on the wage determination for the
work actually performed. Where a contractor is
performing construction on a project in a locality
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other than that in which its program is registered, the
.ratios and wage rates (expressed in percentages of the
journeyman's hourly rate) specified in the contractor's
or subcontractor's registered program shall be
observed. Every apprentice must be paid at not less
than the rates specified in the registered program for
the apprentice's level of progress, expressed as a
percentage of the J ourneyman's hourly rate specified in
the applicable wage determination. Apprentices shall
be paid fringe benefits in accordance with the
provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe
benefits, apprentices must be paid the full amount of
fringe benefits listed on the wage determination for
the applicable classification. If the Administrator
determines that a different practice prevails for the
applicable apprentice classification, fringe benefits
shall be paid in accordance with that determination.
In the event the Bureau of Apprenticeship, and Training,
or a state apprenticeship agency recognized by the
Bureau, withdraws approval of an apprenticeship
program, the contractor will no longer be: permitted to
utilize apprentices at less than the applicable
predetermined rate for the work performed until an
acceptable program is approved.
b. Trainees. Except as provided in 29 CFR Section 5.16,
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, Employment and Training Administration. The
ratio of trainees to journeymen on the site shall not
be greater than permitted under the plan approved by
the Employment and Training Administration.. Every
trainee must be paid at not less than the rate
specified in the approved program for the trainee's
level of progress, expressed as a percentage of the
journeyman's hourly rate specified in the applicable
wage determination. Trainees shall be paid fringe
benefits in accordance with the provisions of the
trainee program. If the trainee program does not
mention fringe benefits, trainees shall be paid the
full amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and
hour Division determines that there is an
apprenticeship program associated with the
corresponding journeyman's wage rate on the wage
determination for the classification of work actually
performed. In addition any trainee performing work on
the job site in excess of the ratio permitted under the
registered program shall be paid not less than the
applicable wage rate on the wage determination for the
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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 utilize apprentices at less than the
applicable predetermined rate for the work performed
until an acceptable program is approved.,
C. Equal Employment Opportunity. The utilization of
apprentices, trainees and journeymen under this part
shall be in conformity with the equal employment
opportunity requirements of Executive Order 11246, as
amended, and 29 CFR Part 30.
5. Compliance with Copeland Act Requirements. The contractor
shall comply with the requirements of 18 U.S.C. 874 and 29
CFR Part 3, which are incorporated by reference. This act —
provides that each contractor or subgrantee shall be
prohibited from inducing, by any means any person employed
in the construction, completion, or repair of public work,
to give up any part of the compensation to which he is
otherwise entitled.
6. Contract Termination: Debarment. A breach of the contract
clauses in 29 CFR Section 5.5 may be grounds for termination
of the contract, and for debarment as a contractor and a
subcontractor as provided in 29 CFR Section 5.12. ._
7. Compliance with Davis -Bacon and Related Act Requirements.
All rulings and interpretations of the Davis -Bacon and
related acts contained in 29 CFR Parts 1, 3, and 5 are —
herein incorporated by reference.
8. Disputes Concerning Labor Standards. Disputes arising out
of the general disputes clause of this contract shall not be
subject 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
Parts 5, 6, and 7. Disputes within the meaning of this
clause include disputes between the contractor (or any of
its subcontractors) and the contracting agency, the U.S.
Department of Labor, or the employees or their
representatives.
9. a. Certification of Eligibility. By entering into this
contract the contractor certifies that neither it (nor
he or she) nor any person or firm who has an interest
in the contractorts firm is a person or firm ineligible —
to be awarded government contracts by virtue of Section
3(a) of the Davis -Bacon Act or 29 CFR Section
5.12(a)(1). --
b. No part of this contract shall be subcontracted to any
person or firm ineligible for award of a government —
contract by virtue of Section 3(a) of the Davis -Bacon
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Act or 29 CFR Section 5.12(a)(1).
C. The penalty for making false statements is prescribed
in the U.S. Criminal Code, 18 U.S.C. Section 1001.
10. 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
shall require or permit any such laborer or mechanic in any
work week in which he or she is employed on such work to
work in excess of eight hours in any calendar day or in
excess of forty hours in such work week unless such laborer
or mechanic received compensation at a rate not less than
one and one-half times the basic rate of pay for all hours
worked in excess of eight hours in any calendar day or in
excess of forty hours in such work week, whichever is
greater.
11. Violation; Liability for Unpaid Wages; Liquidated Damages.
In the event of any violation of the clause set forth in
subparagraph (b) (1) of 29 CFR Section 5.5, the contractor
and any subcontractor responsible therefor shall be liable
for the unpaid wages. In addition, such contractor 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 on to such
territory), for liquidated damages. Such liquidated damages
shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in
violation of the clause set forth in subparagraph (b) (1) of
29 CFR Section 5.5 in the sum of $10 for each calendar day
on which such individual was required or permitted to work
in excess of eight hours or in excess of the overtime wages
required by the clause set forth in subparagraph (b) (1) of
29 CFR Section 5.5.
12. Withholding for Unpaid Wages and Liquidated Damages. DOT or
the recipient 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 any monies
payable on account of work performed by the contractor or
subcontractor under any such contract or any other Federal
contract with the same prime contractor, or any other
Federally -assisted contract which is held by the same prime
contractor, such sums as may determined to be necessary to
satisfy any liabilities of such contractor or subcontractor
for unpaid wages and liquidated damages as provided in the
clause set forth in subparagraph (b) (2) of 29 CFR Section
5.5.
13. Section 107 of C.W.H.S.S.A. is applicable to construction
work -and provides that no laborer or mechanic shall be
requested to work in surroundings or under working
conditions which are unsanitary, hazardous, or dangerous to
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his health and safety as determined under construction,
safety and health standards promulgated by the Secretary of
Labor. These requirements do not apply to the purchases of
supplies or materials or articles ordinarily available on
the open market, or contracts for transportation or
transmission of intelligence.
14. Subcontracts. The contractor or subcontractor shall insert _
in any subcontracts the clauses set forth in subparagraph 1
through 15. of this paragraph and also a clause requiring
the subcontractor to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in subparagraphs 1. through 15.
of this paragraph. --
EQUAL EMPLOYMENT OPPORTUNITY/NONDISCRIMINATION
Nondiscrimination
During the performance of this contract, the contractor agrees as
follows:
a. The Contractor will not discriminate against any employee or
applicant for employment because of race, color, religion,
sex, age, or national origin. The Contractor will take
affirmative action to ensure that applicants are employed,
and that employees are treated during employment without
regard to their race, color, religion, sex, age, 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 of training, including apprenticeship. The
contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices setting
forth the provision of this nondiscrimination clause.
b. 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, age, or national origin.
C. The contractor will send to each labor union or
representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a
notice advising the said labor union or worker's
representative of the contractor's commitments under this
section 202 of Executive Order 11246 of September 24, 1965,
and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
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d. The contractor willlcomply with all provisions of Executive
Order 11246 of September 24, 1965, as amended by Executive
Order 11375, and with the rules, regulation, and relevant
orders of the Secretary of .Labor.
e. The contractor will furnish all information and reports
required by Executive Order 11246 if September 24, 1965, and
by rules, regulation, and orders of the Secretary of Labor,
or pursuant thereto, and will permit access to his books,
records, and accounts by the Federal Transportation
Administration and 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 or this agreement or with any of
the said rules, regulation or orders, this agreement may be
cancelled, terminated, or suspended in whole or in part.
The contractor may be declared ineligible for further
Government contracts of Federally assisted construction
contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, as amended, and
such other sanctions may be imposed and remedies invoked as
provided in Executive Order 11246 if September 24, 1965, or
by rule, regulation, or order of the Secretary of Labor or
as otherwise provided by law.
g. The contractor will include a citation to 42 CFR 60-1 (b)
and (c) and the provisions of paragraphs (a) through (g)
herein, 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, as amended by Executive Order
11375. Such provision shall be binding upon each
subcontractor or vendor. The contractor will take such
action with respect to any subcontractor or purchase order
as the Federal Transportation Administration may direct as a
means of enforcing such provisions, including sanctions for
noncompliance, provided, however, that in the event a
contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of
such direction by the Federal Transportation Administration
may direct as a means of enforcing such provisions,
including sanctions for noncompliance, provided, however
that in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor
as a result of such litigation to protect the.United States.
EQUAL EMPLOYMENT OPPORTUNITY/CONSTRUCTION CONTRACT SPECIFICATIONS
Standard Federal Equal Employment Opportunity Construction
Contract Specifications (Executive Order 11246):
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1. As used in these specifications:
a. "Covered Area": means the geographical area described
in the solicitation from which this contract resulted.
b. "Director": means Director, Office of Federal Contract
Compliance Programs, United States Department of Labor, -'
or any person to whom the Director delegates authority.
C. "Employer Identification Number": means the Federal
Social Security Number used on the employer's quarterly _
Federal Tax Return, U.S. Treasury Department Form 941.
d. "Minority" includes:
(i) Hispanic (all persons of Mexican, Puerto Rican,
Cuban, Central or South American or Other Spanish —
culture or origin regardless of race)
(ii) Black (all persons having origins in any of the
black African racial groups not of Hispanic —
origin)
(iii) Asian and Pacific Islander (all persons having
origins in any of the original people of the Far
East, Southeast Asia, and the Indian subcontinent
or the Pacific Islands); and
(iv) American Indian or Alaskan native (all persons
having origins in any of the original people of
North America and maintaining identifiable tribal
affiliations through membership and participation
or community identification). —
2. Whenever the Contractor, or any subcontractor at any tier,
subcontracts a portion of the work involving any
construction trade, it shall physically include in each
subcontract in excess of $10,000 the provision of these
specifications and the notice which contains the applicable
goals for minority and female participation and which is set
forth in the solicitation from which this contract resulted.
3. If the Contractor is participating (pursuant to 41 CFR 60-
4.5) in a hometown plan approved by the U.S. Department of
Labor in the covered area, either individually or through an
association, its affirmative action obligations on work in
the plan area (including goals and timetables) shall be in `
accordance with that plan for those trades which have unions
participating in the plan. Contractors must be able to
demonstrate their participation in and compliance with the
provisions of any such hometown plan. Each contractor or
subcontractor participating in an approved plan is
individually required to comply with its obligations under —
the EEO clause, and to make a good faith effort to achieve
each goal under the plan in each trade in which it has
employees. The overall good faith performance by other
contractors or subcontractors toward a goal in an approved
plan does not excuse any covered contractor's failure to
make good faith efforts to achieve the plan goals and
timetables. _
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4. The Contractor shall implement the specific affirmative
action standards provided in paragraphs (7) (a) through (p)
l of these specifications. The goals set forth in the
` solicitation from which this contract resulted are expressed
as percentages of the total hours of employment and training
of minority and female utilization the contractor should
reasonably be able to achieve in each construction trade in
which it has employees in the covered area. Covered
construction contractors performing construction work in
geographical areas where they do not have a Federal or
Federally assisted construction contract shall apply the
minority and female goals established for the geographical
area where the work is being performed. Goals are published
periodically in the Federal Register in notice form, and
such notices may be obtained from any Federal Contract
Compliance Program Office or from.Federal Procurement
Contracting Officers. The contractor is expected to make
substantial uniform progress toward its goals in each craft
�. during the period specified.
5. Neither the provisions of any collective bargaining
agreement, nor the failure by a union with whom the
contractor has a collective bargaining agreement, to refer
either minorities or women shall excuse the Contractor's
obligations under these specifications, Executive Orders
11246 and 11375, or the regulations promulgated pursuant
thereto.
6. In order for the nonworking training hours of apprentices
and trainees to be counted in meeting the goals, such
apprentices and trainees must be employed by the Contractor
during the training period, and the contractor must have
made a commitment to employ the apprentices and trainees at
the completion of their training subject to the availability
of employment opportunities. Trainees must be trained
pursuant to training programs approved by the U.S.
Department of Labor.
7. The contractor shall take specific affirmative actions to
ensure equal employment opportunity. The evaluation of the
Contractor's compliance with these specifications shall be
based upon its effort to achieve maximum results from its
r^ actions. The Contractor shall document these efforts fully,
I and shall implement affirmative action steps at least as
extensive as the following:
a. Ensure and maintain a working environment free of
harassment, intimidation and coercion at all sites, and
in all facilities at which the contractor's employees
are assigned to work. The contractor, where possible,
will assign two or more women to each construction
project. The contractor shall specifically ensure
personnel are aware of and carry out the contractor's
i' obligation to maintain such a working environment, with
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specific attention to minority or female individuals
working at such sites or in such facilities.
b. Establish and maintain a current list of minority and
female recruitment sources, provide written
notification to minority and female recruitment sources
and to community organizations when the contractor or
its unions have employment opportunities available, and
maintain a record of the organizations' responses.
C. Maintain a current file of the names,'addresses and
telephone numbers of each minority and female off -the -
street applicant and minority or female referral
service from a union, a recruitment source or community
organization and of what action was taken with respect
to each such individual. If such individual was sent to the union hiring hall for referral and was not
referred back to the contractor by the union or if
referred, not employed by the contractor, this shall be
documented in the file with the reason therefore, along
with whatever additional actions the contractor may
have taken.
d. Provide immediate written notification to the director
when the union or unions with which the contractor has
a collective bargaining agreement has not referred to
the contractor a minority person or women sent by the
contractor, or when the contractor has other
information that the union referral process has impeded
the contractor's efforts to meet its obligations.
e. Develop on-the-job training opportunities and/or
participate in training programs for the area which
expressly include minorities and women, including
upgrading programs and apprenticeship and trainee
programs relevant to the contractor's employment needs,
especially those programs funded or approved by the
Department of Labor. The contractor shall provide
notice of these programs to the sources compiled under
(7) (b) above.
f. Disseminate the contractor's. EEO policy by providing
notice of the policy to unions and training programs
and requesting their cooperation in assisting the
contractor in meeting its EEO obligations; by including
it in any policy manual and collective bargaining
agreement; by publicizing it in the company newspaper,
annual report, etc.; by specific•review of the policy
with all management personnel and with all minority and
female employees at least once a year; and by posting
the company EEO policy on bulletin boards accessible to
all employees at each location where construction work
is performed.
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g. Review, at least annually, the company's EEO policy and
affirmative action obligations under these
specifications with all employees having any
responsibility for hiring, assignment, layoff,
termination or other employment decisions including
specific review of these items with on -site supervisory
personnel such as superintendents, general foremen,
etc., prior to the initiation of construction work at
any job site. A written record shall be made and
maintained identifying the time and place of these
meetings, persons attending, subject matter discussed,
and disposition of the subject matter.
h. Disseminate the contractor's EEO policy externally by
including it in any advertising in the news media,
specifically including it in any advertising in the
news media, specifically including minority and female
news media, and providing written notification to and
discussing the contractor's EEO policy with other
contractors and subcontractors with whom the contractor
does or anticipates doing business.
i. Direct its recruitment efforts, both oral and written,
to minority, female and community organizations, to
schools with minority and female students and to
minority and female recruitment and training
organization serving the contractor's -recruitment area
and employment needs. Not later than one month prior
to the date for the acceptance of applications for
Apprenticeship or other training by any recruitment
source, the contractor shall send written notification
to organizations such as the above, describing the
openings, screening procedures, and tests to be used in
the selection process.
j. Encourage present minority and female employees to
recruit other minority persons and women and, where
reasonable, provide after school, summer and vacation
employment to minority and female youth both on the
site and in other areas of the contractor's workforce.
k. Validate all tests and other selection requirements
where there is an obligation to do so under 41 CFR Part
60-3.
1. Conduct, at least annually, an inventory and evaluation
at least of all minority and female personnel for
promotional opportunities and encourage these employees
to seek or to prepare for, through appropriate
training, etc., such opportunities.
M. Ensure that seniority practices, job classifications,
work assignments and other personnel practices, do not
have a discriminatory effect by continually monitoring
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all personnel and employment related activities to
ensure that the EEO policy and the contractor's
obligations under these specifications are being
carried out.
n. Ensure that all facilities and company activities are
nonsegregated except that separate or single -user
toilet and necessary changing facilities shall be
provided to assure privacy between the sexes.
o. Document and maintain a record of all solicitations of
offers for subcontracts from minority and female
construction contractors and suppliers, including
circulation of solicitations to minority and female
contractor associations and other business
associations.
p. Conduct a review, at least annually, of all
supervisors' adherence to and performance under the
contractor's EEO policies and affirmative action
obligations.
8. Contractors are encouraged to participate in voluntary
associations which assist in fulfilling one or more of their
affirmative action obligations set forth in paragraphs (7)
(a) through (p). The efforts of a -contractor association,
joint contractor -union, contractor community, or other
similar group ofwhich the contractor is a member and
participant, may be asserted as fulfilling any one or more
of its obligations under (7) (a) through (p) of these
specifications, provided that the contractor actively
participates in the group, makes every effort to assure that
the group has a positive impact on the employment of
minorities and women in the industry, ensures that the
concrete benefits of the program are reflected in the
contractor's minority and female workforce participation,
makes a good faith effort to meet its individual goals and
timetables, and can provide access to documentation which
demonstrates the effectiveness of actions taken on behalf of
the contractor. The obligation to comply, however, is the
contractor's and failure of such a group to fulfill an
obligation shall not be a defense for the contractor's
noncompliance.
9. A single goal for minorities and separate single goal for
women have been established. The contractor, however, is
•:required to provide equal employment opportunity and to take
..:.Aiffirmative action for all minority groups, both male and
female, and all women, both minority and non -minority.
Consequently, the contractor may be in violation of the
Executive Order if a particular group is employed in a
substantially disparate manner (for example, even though the
contractor has achieved its goal for women generally, the
contractor may be in violation of the Executive Order if a
r
specific minority group of women is underutilized).
10. The contractor shall not use the goals and timetables or
affirmative action to discriminate against any person
because of race, color, religion, sex, age, or national
origin.
11. The contractor shall not enter into any subcontract with any
person or firm debarred from government contracts pursuant
to Executive Order 11246, as amended by Executive Order
11375.
12. The contractor shall carry out such sanctions and penalties
for violation of these specification and of the equal
opportunity clause, including suspension, termination and
cancellation of existing subcontracts as may be imposed or
ordered pursuant to Executive--Order--11246, as amended, and
its implementing regulations by the Office of Federal
Contract Compliance Programs, Any contractor who fails to
carry out such sanctions and penalties shall be in violation
of these specifications and Executive Order 11246, as
amended.
13. The contractor, in fulfilling its obligations under these
specification, shall implement specific affirmative action
steps, at least as extensive as those standards prescribed
in paragraph (7) of these specification, sous to achieve
maximum results from its efforts to ensure equal employment
opportunity. If the contractor fails to comply with the
requirements of the Executive Order, the implementing
regulation, or these specification, the Director shall
proceed in accordance with 41 CFR 60-4.8.
k; 14. The contractor shall designate a responsible official to
monitor all employment related activity to ensure that the
r company EEO policy is being carried out, to submit reports
relating to the provisions herein as may be required by the
Government and to keep records. Records shall at least
include for each employee the name, address, telephone
1 numbers, construction trade, union affiliation if any,
1 employee identification number when assigned, social
security number, race, sex, status (e.g.,.mechanic,
apprentice, trainee, helper, or laborer), dates of changes
in status hours worked per week in the indicated trade, rate
of pay, and locations at which the work was performed.
�. Record shall be maintained in an easily understandable and
i retrievable form; however, to the degree that existing
records satisfy this requirement, contractors shall not be
required to maintain separate records.
15. Nothing herein shall be construed as a limitation upon the
application of other laws which establish different
standards of compliance or upon the application of
requirements for the hiring of local or other area residents
t
(e.g., those under the Public Works Employment Act of 1977
and the Community Development Block Grant Program.)
EEO/CONSTRUCTION CONTRACT NOTICE
Notice of Requirement for Affirmative Action to Ensure Equal
Employment Opportunity (Executive Order 11246):
1. The offeror's or bidder's attention is called to the "Equal
Opportunity Clause" and the "Standard Federal Equal
Employment Opportunity Construction Contract Specifications"
set forth herein.
2. a. The goals and timetables for minority and female
participation, expressed in percentage terms for the
contractor's aggregate -workforce in each trade on all
construction work in the covered area, are as follows:
These goals are applicable to all the contractor's
construction work (whether or not it is Federal or
Federally assisted) performed in the covered area. If
the contractor performs construction work in a
geographical area located outside the covered area, it
shall apply the goals established for such geographical
area where the work is actually performed. With regard
to this second area, the contractor also is subject to
the goals for both its Federally involved and
nonfederally involved construction.
b. The contractor's compliance with the Executive Order
and the regulations in 41 CFR Part 60-4 shall be based
on its implementation of the Equal Opportunity clause,
specific affirmative action obligations required by the
specifications set forth in 41 CFR 60-4.3(a), and its
efforts to meet the goals. The hours of minority and
female employment and training must be substantially
uniform throughout the length of the contract, and in
each trade, and the contractor shall make a good faith
effort to employ minorities and women evenly on each of
its projects. The transfer of minority or female
employees or trainees from contractor to contractor or
from project to project for the sole purpose of meeting
the contractor's goals shall be a violation of the
contract, the Executive Order, and the regulations in
41 CFR Part 60-4. Compliance with the goals will be
measured against the total work hours performed.
3. `.The contractor shall provide written notification to the
'Director of the Office of Federal Contract Compliance
Programs within 10 working days of award of any construction
subcontract in excess of $10,000 at any tier for
construction work under the contract resulting from this
solicitation. The notification shall list the name, address
and.telephone number of the subcontractor; employer
f-
F
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identification number of the subcontractor; Estimated dollar
amount of the subcontract; and the geographical area in
which the contract is to be performed..
4. As used in this notice and in the contract resulting from
this solicitation, the "covered area", is Lubbock, Lubbock
County, Texas.
P
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DISADVANTAGED BUSINESS ENTERPRISE
1. Policy. It is the policy of the Department of
Transportation that disadvantaged business enterprises as
defined in 49 CFR Part 23 shall have the maximum opportunity
to participate in the performance of contracts financed in
whole or part with Federal -funds provided under this
agreement. Consequently, the DBE requirements of 49 CFR
.. Part 23 apply to this agreement.
2. DBE obligation. The recipient or its contractor agrees to
ensure that disadvantaged business enterprises as defined in
49 CFR Part 23 have the maximum opportunity to participate
�. in the performance of contracts and subcontracts financed in
whole or in part with Federal funds provided under this
agreement. In this regard all recipients or contractors
shall take all necessary and reasonable steps in accordance
with 49 CFR Part 23 to ensure that disadvantaged business
enterprises have the maximum opportunity to compete for and
perform contracts. Recipients and their contractors shall
not discriminate on the basis of race, creed, color,
national origin, age, or sex in the award and performance of
C� DOT -assisted contracts.
TITLE VI CIVIL RIGHTS ACT OF 1964
Title VI Compliance
During the performance of this contract, the contractor, for
itself, its assignees and successors in interest (hereinafter
referred to as the "contractor"), agrees as follows:
1. Compliance with Regulations: The contractor shall comply
with the Regulations relative to nondiscrimination in
federally -assisted programs of the Department of
Transportation (hereinafter, "DOT") Title 49, Code of
Federal Regulations, Part 21, as they may be amended from
time to time (hereinafter referred to as the Regulations),
which are herein incorporated by reference and made a part
►. of this contract.
2. Nondiscrimination: The contractor, with regard to the work
F performed by it during the contract, shall not discriminate
r
on the grounds of race, religion, color, sex, age, or
national origin in the selection and retention of
subcontractors, including procurement of materials and
leases of equipment. The contractor shall not participate
either directly or indirectly in the discrimination
prohibited by section 21.5 of the regulation, including —
employment practices when the contract covers a program set
forth in Appendix B of the Regulations.
3. Solicitations for Subcontracts, Including Procurement of
Materials and Equipment: In all solicitations, either by
competitive bidding or negotiation made by the contractor
for work to be performed under a subcontract, including
procurement of materials or leases of equipment, each
potential subcontractor or supplier shall be notified,by the
contractor of the contractor's obligations under this —
contract and the Regulations relative to nondiscrimination
on the grounds of race, religion, color, sex, age, or
national origin.
4 Information and Reports: The contractor shall provide all
information and reports required by the Regulations or
directives issued pursuant thereto, and shall permit access `
to its books, records, accounts, other sources of
information, and its facilities, as may be determined by the
Recipient or the Federal Transportation Administration (FTA) _
to be pertinent to ascertain compliance with such
Regulations, orders and instructions. Where any information
is required or a contractor is in the exclusive possession
of another who fails or refuses to furnish this information, the contractor shall so certify to the Recipient, or the
Urban Mass Transportation, as appropriate, and shall set
forth what efforts it has made to obtain the information. �-
5. Sanctions for Noncompliance: In the event of the
contractor's noncompliance with the nondiscrimination
provisions of this contract, the Recipient shall impose such
contract sanctions as it or the Federal Transportation
Administration may determine to be appropriate, including,
but not limited to: —
a. Withholding of payments to the contractor under the
contract until the contractor complies, and/or, —
b. Cancellation, termination or suspension of the
contract, in whole or in part.
6. Incorporation of Provisions: The contractor shall `include
the provisions of paragraph (1) through (6),of this section
in every subcontract, including procurement of materials and —
leases of equipment, unless exempt by the Regulations, or
directives issued pursuant thereto. The contractor shall
take such action with respect to any subcontract or _
procurement as the Recipient or the Federal Transportation
r
Administration may direct as a means of enforcing such
provisions including sanctions for noncompliance: Provided,
however, that, in the event a contractor becomes involved
in, or is threatened with, litigation with a subcontractor
or supplier as a result of such direction, the contractor
s may request the Recipient to enter into such litigation to
protect the interest of the Recipient, and, in addition, the
contractor may request the services of the Attorney General
in such litigation to protect the interest of the United
States.
G:
" BUY AMERICA PROVISION
This procurement is subject to the Federal Transportation
Administration Buy America Requirements in 49 CFR part 661.
!� A Buy America Certificate, as per attachment, must be completed
and submitted with the bid. A bid which does not include the
certificate will be considered non -responsive.
A waiver from the Buy America Provision may be sought by the City
of Lubbock if grounds for the waiver exist.
Section 165(a) of the Surface Transportation Act of 1982 permits
FTA participation on this contract only if steel, cement, and
manufacturing products used in the contract are produced 'in the
United States.
CARGO PREFERENCE
"The contractor agrees:
1. To utilize privately owned United States -flag commercial
vessels to ship at least 50 percent of the gross tonnage
(computed separately for dry bulk carriers, dry cargo
liners, and tankers) involved, whenever shipping any
equipment, materials, or commodities pursuant to this
section, to the extent such vessels are available at fair
and reasonable rates for United States -flag commercial
vessels.
2. To furnish within 30 days following the date of loading for
shipments originating within the United States, or within 30
working days following the date of loading for shipment
originating outside the United States, a legible copy of a
rated, "on -board" commercial ocean bill -of -lading in English
for each shipment of cargo described in paragraph (1) above
to the Recipient (through the prime contractor in the case
of sub -contractor bills -of -lading) and to the Division of
j' National Cargo, Office of Market Development, Maritime
[ Administration, 400 Seventh St. S.W., Washington, D.C.
20590, marked with appropriate identification of the
Project.
3. To insert the substance of the provisions of this clause in
all subcontracts issued pursuant to this contract.
CONSERVATION
Contractor shall recognize mandatory standards and policies r
relating to energy efficiency which are contained in the State
energy conservation plan issued in compliance with the Energy
Policy and Conservation Act (42 USC Section 6321 et seq.).
CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
REQUIREMENTS
Contractor agrees to comply with all applicable standards,
orders, or requirements issued under Section 306 of the Clean Air
Act (42 USC 1857 (h)), Section 508 of the Clean Water Act (33 USC
1368), Executive Order 11738, and Environmental Protection Agency
regulations (40 CFR, Part 15) which prohibit the use under
nonexempt Federal contracts, grants or loans, of facilities
included on the EPA List for Violating Facilities. Contractor
shall report violations to FTA and to the USEPA Assistant _
Administrator for Enforcement (EN0329).
INTEREST OF MEMBERS OF, OR DELEGATES TO, CONGRESS
In accordance with 18 U.S.C. section 431, no member of, or
delegates to, the Congress of the United States shall be admitted
to a share or part of this contract or to any benefit arising
therefrom.
CONFLICT OF INTEREST
No employee, officer, or agent of the grantee shall participate
in selection, or in the award or administration of a contract if
a conflict of interest, real or apparent, would be involved.
Such a conflict would arise when:
a. The employee, officer or agent;
b.- Any member of his immediate family;
,c.° His or her partner; or
d. An organization which employs, or is about to employ,
has a financial or other interest in the firm selected
for award.
a The grantee's officers, employees or agents shall neither solicit
,., nor accept gratuities, favors or anything of monetary value from
contractors, potential contractors, or parties of subagreements.
DEBARRED BIDDERS
The Contractor, including any of its officers or holders of a
controlling interest, is obligated to inform the Recipient
whether or not it is or has been on any debarred bidders' list
maintained by the United States Government. Should the
contractor be included on such a list during the performance of
this project, it shall so inform the Recipient. Certification
as per attachment must be completed and submitted with the bid.
A bid which does not include the certificate will be considered
non -responsive.
PROJECT SIGNS
The Contractor shall erect at the site of construction, and
maintain during construction, signs satisfactory to the
Department of Transportation identifying the Project and
indicating that the Government is participating in the
development of the project.
PROTEST/APPEAL PROCEDURES
Protest/Appeal procedures are as follows:
1) Requests for approved equals, clarification of
specifications, protest of specifications, and proposal
protest must be received by the City in writing, not less
F than fifteen full days before date of the scheduled opening
of proposals. Any request for approved equal or protest of
the specifications must be fully supported with technical
data, test results, or other pertinent information as
evidence that the substitutes offered is equal to or better
than the specifications.
2) The City's final decision to requests will be postmarked
at least ten full days before the date scheduled for opening
of the proposals.
3) The Federal Transit Administration (FTA) will only
review protest regarding the alleged failure of the City to
have a written protest procedure or alleged failure to
follow such procedures.
4) If a proposer feels that a protest is necessary, in
i compliance with number 3 above, the protestor shall file a
protest with FTA not later than five days after a final
decision from the City is rendered under the City's
protest/appeal procedures. In instances where the protestor
alleges that the City failed to make a final determination
on the protest, protestors shall file a protest with FTA not
later than five days after the protestor kneur or should have
i
known of the City's failure to render a final determination
on the protest. The City will give the protestor the _
mailing address of the FTA Regional Office when requested,
for the filing of a protest in accordance with these
guideline. A copy of the FTA protest must be sent to the
City and also must include:
Name and address of protestor.
Identify the City of Lubbock and the proposal _
number.
Statement of the grounds for protest and any
supporting documentation with detail of the
alleged failure to followprotestprocedures or —'
the alleged failure to have procedures, and be
fully supported to the extent possible.
A copy of the local protest filed with the City
and a copy of the City's decision, if any.
5) Following a protest, the City will not make an award of ^
a contract without consulting FTA for approval.
6) Additional information on FTA protest procedures
requirements are outline in FTA Circular 4220.1B. A copy of
this circular can be secured by contacting the City.
General Decision Number TX930028
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 rest area projects).
Modification Number Publication Date
0 02/19/1993
T.%9300208 - i
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 MACHI14E
SLIPFORM MACHINE OPERATOR
CRANE, CLAMSHELL, BACKHOE
DERRICK, DRAGLINE, SHOVEL
LESS TH.;N 1 1/2 C.Y.
CRIANE, CLAMSHELL, BACKHOE
DERRICK, DRAGLINE, SHOVEL
1 1/2 C.V.. & OVER
CRUSHER OR SCREENING PLANT
TOM GREEN
Rates
$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
10.0;3
Fringes
7
F
OPERATOR
FOUNDATION DRILL OPERATOR
CRAWLER MOUNTED
FOUNDATION DRILL OPERATOR
TRUCK MOUNTED
FOUNDATION DRILL OPERATOR
HELPER
FRONT END LOADER - 2 1/2 C.Y.
& LESS
FRONT END LOADER - OVER 2 1/2
C.Y.
HOIST - DOUBLE DRUM
MOTOR GRADER OPERATOR
FINE GRADE
MOTOR GRADER
PAVEMENT MARKING MACHINE
PLANER OPERATOR
ROLLER, STEEL WHEEL PLANT
MIX PAVEMENTS
ROLLER, STEEL WHEEL OTHER,
FLATWHEEL OR TAMPING
ROLLER, PNEUMATIC SELF-PROPELLED
SCRAPER-17 C.Y. & LESS
SCRAPER -OVER 17 C.Y.
SIDE BOOM
TRACTOR -CRAWLER TYPE 150 HP
AND LESS
TRACTOR -CRAWLER TYPE OVER
150 HP
TRACTOR - PNEUMATIC
REINFORCING STEEL SETTER
PAVING
REINFORCING STEEL SETTER
STRUCTURES
REINFORCING STEEL SETTER
HELPER
STEEL WORKER - STRUCTURAL
STEEL WORKER HELPER STRUCTURAL
SPREADER BOX OPERATOR
BARRICADE SERVICER WORK ZONE
TRUCK DRIVER -SINGLE AXLE LIGHT
TRUCK DRIVER -SINGLE AXLE HEAVY
TRUCK DRIVER -TANDEM AXLE SEMI
TRAILER
TRUCK DRIVER-LOWBOY/FLOAT
TRUCK DRIVER -TRANSIT MIX
WELDER
WELDER HELPER
--------------------------------
7.500
9.000
10.750
7.050
7.458
7.669
8.100
10.343
9.835
9.150
10.458
6.828
6.474
6.455
7.546
7.655
6.350
7.290
10.750
7.422
7.926
9.086
7.772
9.000
6.250
7.332
6.500
6.592
6.791
7.130
8.868
6.891
11.827
8.290
--------------------------------
Unlisted classifications needed for work not included within the
scope of the classifications listed may be added after award only
as provided in the labor standards contract clauses (29 CFR
TX930028 - 3
END OF GENERAL DECISION
TX930028 - 4
F
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General Decision Number TX930015
Superseded General Decision No. TX910015
State: TEXAS
Construction Type:
Building
County(ies):
LUBBOCK
BUILDING CONSTRUCTION PROJECTS (does not include residential
construction consisting of single family home_ and apartments up
to and including 4 stories). (Use current heavy & highway
general wage determination for Paving & Utilities Incidental to
Building Construction).
Modification Number Publication Date
0 02/19/1993
TX930015 - 1
COUNTY(ies):
LUBBOCK
CARP1884A 07/01/1988
Rates Fringes
CARPENTERS 12.50 2.73
MILLWRIGHTS 13.00 2.73
----------------------------------------------------------------
ELECO850A 01/01/1991
Rates
Fringes
ELECTRICIANS
---------------------------------
13.25
---------------------------
2.50+3.25%
PLUM0629A 06/01/1989
Rates
Fringes
PLUMBERS:
Mechanical contracts
over $150,000
15.00
1.59
Mechanical contracts
$150,000 or less
----------------------------------------------------------------
10.50
1.59
SFTX0669A 04/01/1991
Rates Fringes
SPRINKLER FITTERS 18.20 4.65
----------------------------------------------------------------
SUTX2048A 03/16/1992
Rates
Fringes
ACOUSTICAL CEILING AND DRYWALL
MECHANICS
10.00
.25
BRICKLAYERS
11.74
GLAZIERS
9.50
LABORERS
5.95
LATHERS
11.17
MASON TENDERS
6.25
PAINTERS
10.50
PLASTERERS
11.17
POWER EQUIPMENT OPERATORS:
Backhoe
10.50
.42
ROOFERS
9.71
SHEET METAL WORKERS (Including
duct work)
8.80
.69
-----------=-----------------------------------------------------
WELDERS - Receive rate prescribed
for the craft
performing ^-
operation to which welding is incidental.
----------------------------------------------------------------
Unlisted classifications needed for work not included within the
scope of the classifications listed may be added after award only
TX930015 - 2
as provided in the labor standards contract clauses (29 CFR
5.5(a) 1(ii)).
END OF GENERAL DECISION
TX930015 3
rft
4
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CITIBUS 1192-1
SECTION 01023 - SPECIAL CONDITIONS
AS INDICATED IN THE GENERAL CONDITIONS OF THE AGREEMENT - ITEM 52
SPECIAL CONDITIONS, THE FOLLOWING SPECIAL CONDITIONS SHALL CONTROL
OVER THE AFOREMENTIONED GENERAL CONDITIONS OF THE AGREEMENT.
General Condition - Item #1
Add the following paragraphs after the first paragraph:
"The Owner shall furnish surveys describing physical
characteristics, legal limitations and utility locations for the
site of the Project, and -a legal description of the site."
"Information or services under the Owner's control shall be
furnished by the Owner with reasonable promptness to avoid delay
in orderly progress of the Work."
"Unless otherwise provided
Contractor will be furnished,
Drawings and Project Manuals
execution of Work."
General Conditions - Item #2
in the Contract Documents, the
free of charge, such copies of
as are reasonably necessary for
-In line 4 the successful Contractor shall be named.
Add the following paragraphs after the first paragraph:
"The Contractor shall supervise and direct Work, using the
Contractor's best skill and attention.. The Contractor shall be
solely responsible for and have control over construction means,
methods, techniques, sequences and procedures and for the layout
and coordination of all portions of the Work under the Contract."
"The Contractor shall not be relieved of obligations to perform the
Work in accordance with the Contract Documents either by activities
or duties of the Architect in the Architect's administration of the
Contract, or by tests, inspections or approvals required or
performed by persons other than the Contractor."
GeneralConditions- Item #3
Add the word "Architects..." before the word "Engineers,..." in
line eight.
rSPECIAL CONDITIONS
01023 - 1
'IT
CITIBUS 1192-1
Add the following sentence to.the end of the paragraph: "Any and
all communications between the Owner, the Owner's Representative
and the Contractor involving change order(s), construction change --
directive(s) and/or orders for a minor change(s) in the Work shall
go through the'Architect."
General Conditions - Item #4
Add the words "...Addenda issued prior to execution of the
Contract..." after the word "...Plans..." in line five.
General Conditions Item #5
In lines five and eight of -the first -paragraph and line seven of
second paragraph add: "and the Architect" after "Representative".
Delete the word "..his..." in line six of the second paragraph and
add the word ..their..." in place of the deleted word.
Add the following paragraphs after the second paragraph:
"In the interest of brevity the Contract Documents frequently omit
modifying words such as "all" and "any" and articles such as "the" _
and "an", but the fact that a modifier or an article is absent from
one statement and appears in another is not intended to affect the
interpretation of either statement."
"In case of conflict between drawings, specifications, large and
small scale details, schedules or other parts of the Contract
Documents, the Owner's Representative and/or Architect will
determine the requirements to use; but in general,, the material,
equipment or method producing the best quality of construction in
the opinion of the Architect will be used."
General Conditions - Item #6
Add the following paragraphs after the first paragraph: --
"A Subcontractor is a person or entity who has a direct contract
with the Contractor to perform a portion of the Work at the site.
The term "Subcontractor" is referred to throughout the Contract
Documents as if singular in number and means a Subcontractor or an
authorized representative of the Subcontractor. The term
"Subcontractor" does not include a separate contractor or
subcontractors of a separate contractor."
"A Sub -subcontractor is a person or entity who has a direct or
indirect contract with a Subcontractor to perform a portion of the
Work at the site. The term "Sub -subcontractor" is referred to
01023 - 2 SPECIAL CONDITIONS 7
r
f
4
CITIBUS 1192-1
throughout the Contract Documents as if singular in number and
means a Sub -subcontractor or an authorized representative of the
Sub-subcontractor."
"The preeceeding two (2) paragraphs shall not limit claimants who
have furnished labor and/or material in the procecution of the work
from filing claims for payment."
"Unless otherwise stated in the Contract Documents or the bidding
requirements, the Contractor, as soon as practicable after award
of the Contract, shall furnish in writing to the Owner through the
Architect the names of persons or entities (including those who are
C to furnish materials or equipment fabricated to a special design)
proposed for each principal portion of the Work. The Architect
will promptly reply to the Contractor in writing stating whether
�.. or not the Owner or the Architect, after due investigation, has
reasonable objection to any such proposed person or entity.
Failure of the Owner or Architect to reply promptly shall
constitute notice of no reasonable objection."
"By appropriate agreement, written where legally required for
validity, the Contractor shall require each Subcontractor, to the
extent of the Work to be performed by the Subcontractor, to be
bound to the Contractor by terms of the Contract Documents, and to
assume toward the Contractor all the obligations and
responsibilities which the Contractor, by these Documents, assumes
toward the Owner and Architect. Each subcontract agreement shall
preserve and protect the rights of the Owner and Architect under
the Contract Documents with the respect to the Work to be performed
by the Subcontractor so that subcontracting thereof will not
prejudice such rights, and shall allow to the Subcontractor, unless
specifically provided otherwise in the subcontract agreement, the
benefit of all rights, remedies and redress against the Contractor
that the Contractor, by the Contract Documents has against the
Owner. Where appropriate, the Contractor shall require each
Subcontractor to enter into similar agreements with Sub -
subcontractors. The Contractor shall make available to each
proposed Subcontractor, prior to the execution of the subcontract
agreement, copies of the Contract Documents to which the
Subcontractor will be bound, and upon written request of the
Subcontractor, identify to the Subcontractor terms and conditions
of the proposed subcontract agreement which may be at -variance with
the Contract Documents. Subcontractors shall similarly make copies
of applicable portions of such documents available to their
proposed Sub -subcontractors."
General Conditions - Item #11
SPECIAL CONDITIONS
01023 - 3
f
CITIBUS 1192-1
In line one delete the words "one copies" and substitute "a
reasonable number of copies".
General Conditions - Item #13
Delete the entire paragraph.
General Conditions - Item #15
In lines three and nine, after the word "subordinate" add the word
"Architect"
General Conditions - Item #16
In line one the third paragraph, after the words " The Owner or
Owner's Representative" add the words "...and the Architect or his
Consultants... 11
Add the following after the third paragraph: "The Contractor shall
be solely responsible for and have control over the construction
means, methods, techniques, sequences, procedures and for _
coordinating all portions of the Work."
General Conditions - Item #27
In the first paragraph, line sixteen, after the word "employees"
add the words "including the Architect and his Consultants"...
General Conditions - Item #28 Also name "Architect" in articles A, B, C, and E as additional
insured.
General Conditions Item #30
In line two of paragraph one, after the word "Owner" add the words
"and Architect and his Consultants...
General Conditions - Item #31
In lines four and seven, after the word "Owner" add the words "and
Architect and his Consultants".
01023 - 4 SPECIAL CONDITIONS
CITIBUS 1192-1
General Conditions - Item #32
In line four of paragraph one, after the word "Owner" add the words
"and Architect and his Consultants".
General Conditions - Item #33
In the second paragraph, line six, delete the number "$0.00 ( )"
and substitute the words and numbers "One hundred dollars
($100.00)".
General Conditions — Item #37
Delete Item #37
General Conditions - Item #39
In line nine, after the word "Owner" add the words ".., the
Architect and his Consultants".
General Conditions - Item #42
In line one of the first paragraph, delete the word "tenth" and add
"25th".
In lines two and three of the first paragraph, after "Owner's
Representative" add the words "and the Architect".
In line nine of the first paragraph after "materials delivered" add
"and suitably stored...".`
* Add the following paragraphs which, as such, shall
constitute Item #57.
Item #57 - Basic Definition
"The term "Work" means the construction and services required by
the Contract Documents, whether completed or partially completed,
and includes all other labor, materials, equipment and services
provided or to be provided by the Contractor to fulfill the
Contractor's obligations. The Work may constitute the whole or a
part of the Project."
"The Project is the total construction of which the Work performed
under the Contract Documents may be the whole or a part and which
may include construction by the Owner or by separate contractors."
SPECIAL CONDITIONS 01023 - 5
El
CITIBUS 1192-1
"The Drawings are the graphic and pictorial portions of the
Contract Documents, wherever located and whenever issued, showing
the design, location and dimensions of the Work, generally
including plans, elevations, sections, details, schedules and
diagrams."
"The Specifications are the portion of the Contract Documents
consisting of the written requirements for materials, equipment,
construction, systems, standards and workmanship for the Work, and
performance of related services."
"The Project Manual is the volume usually assembled for the Work
which may include the bidding requirements, sample forms,
Conditions of the Contract and Specifications."
* Add the following paragraphs which, as such, shall
constitute Item #58:
Item #58 - Execution, Correlation and Intent
"The intent of the Contract. Documents is to include all items
necessary for the proper execution and completion of the Work by _
the Contractor. The Contract Documents are complementary, and what
is required by one shall be as binding as if required by all;
performance by the Contractor shall be required to be consistent
with the Contract Documents and what is required from them as being
necessary to produce the intended results.
"Organization of the Specifications into divisions, sections and _
articles, and arrangement of Drawings shall not control the
Contractor in dividing the Work among Subcontractors or in
establishing the extent of Work to be performed by any trade." r
"Unless otherwise stated in the Contract Documents, words which
have well-known technical or construction industry meanings are
used in the Contract Documents in accordance with such recognized
meanings such as found in the Illustrated Encyclopedic Dictionary
of Building and Construction Terms by Hugh Brooks."
Add the following paragraph which, as such, shall
constitute Item #59
Item #59 - Ownership and Use of Architect's Drawings, _
Specifications and Other Documents
"The Drawings Specifications and other documents prepared by the
Architect are instruments of the Architect's service through which
the Work to be executed by the Contractor is described. The
01023 - 6 SPECIAL CONDITIONS
i.
CITIBUS 1192-1
Contractor may retain one contract record set. Neither the
Contractor nor any Subcontractor, sub -subcontractor or material or
equipment supplier shall own or claim a copyright in the Drawings,
Specifications and other documents prepared by the Architect, and
unless otherwise indicated the Architect shall be deemed the author
of them and will retain all common law, statutory and other
reserved rights, in addition to the copyright. All copies of them,
except the Contractor's record set, shall be returned or suitably
accounted for to the Architect, on request, upon completion of the
Work. The Drawings, Specifications and other documents prepared
by the Architect, and copies thereof furnished to the Contractor,
are for use solely with respect to this Project. They are not to
be used by the Contractor or any Subcontractor, Sub -subcontractor
or material or equipment supplier on other projects or for
additions to this Project outside the scope of the Work without the
specific written consent of the Owner and Architect. The
Contractor, Subcontractors, Sub-subcontractors,and material or
equipment suppliers are granted a limited license to use and
reproduce applicable portions of the Drawings, Specifications and
other documents prepared by the Architect appropriate to and for
use in the execution of their Work under the Contract Documents.
All copies made under this license shall bear the statutory
copyright notice, if any, shown on the Drawings, Specifications and
other documents prepared by the Architect._ Submittal or
distribution to meet official regulatory requirements or for other
purposes in connection with this Project is not to be construed as
publication in derogation of the Architect's copyrights or other
reserved rights."
* Add the following paragraphs which, as such, shall
constitute Item #60.
Item #60 - Architect
"The Architect is the person lawfully licensed to practice
architecture or an entity lawfully practicing architecture
identified as such in the Agreement and is referred to throughout
the Contract Documents as if singular in number. The term
"Architect" means the Architect or the Architect's authorized
representative."
Add the following paragraphs which, as such, shall
constitute Item #61.
SPECIAL CONDITIONS 01023 - 7
T
CITIBUS 1192-1
Item #61 - Architects Administration of the Contract
"In accordance with the Owner's Contract with the Architect, the
Architect's Administration of the Contract shall consist of the
following activities:"
"The Architect will have authority to act on behalf of the Owner
only to the extent provided in the Contract Documents, unless
otherwise modified by written instrument in accordance with other
provisions of the Contract."
"The Architect will not have control over or charge of and will not
be responsible for construction means, methods, techniques,
sequences or procedures, or for the safety precautions and programs
in connection with the Work, since these are solely the
Contractor's responsibility. The Architect will not be responsible
for the Contractor's failure to carry out the Work in accordance
with the Contract Documents. The Architect will not have control
over or charge of and will not be responsible for acts or omissions
of the Contractor, Subcontractor, or their agents or employees, or
of any other persons performing portions of the Work."
"Except as otherwise provided in the Contract Documents or when _
direct communications have been specially authorized, the Owner and
Contractor shall endeavor to communicate through the Architect.
Communications by and with the Architect's consultants shall be
through the Architect. Communications by and with Subcontractors
and material suppliers shall be through the Contractor.
Communications by and with separate contractors shall be through
the Owner." —
"The Architect will review and approve or take other appropriate
action upon the Contractor's submittals such as Shop Drawings, _
Product Data and Samples, but only for the limited purpose of
checking for conformance with information given and the design
concept expressed in the Contract Documents The Architect's action
will be taken with such reasonable promptness as to cause no delay
in the Work or in activities of the Owner, Contractor or separate
contractors, while allowing sufficient time in the Architect's
professional judgment to permit adequate review. Review of such
submittals is not conducted for the purpose of determining the
accuracy and completeness of other details such as dimensions and
quantities, or for substantiating instructions for installation or
performance of equipment or systems, all of which remain the '-
responsibility of the contractor as required by the Contract
Documents. The Architect's review of the Contractor's submittals
shall not relieve the Contractor of the obligations under the
Contract. The Architect's review shall not constitute approval of
safety precautions or of any construction means, methods,
01023 - 8 SPECIAL CONDITIONS
i
k
CITIBUS 1192-1
techniques, sequences or procedures. The Architect's approval of
a specific item shall not indicate approval of an assembly of which
the item is a component."
"The Architect will assist the Owner's Representative in the
preparation Change Orders and Construction Change Directives, and
may authorize minor changes in the Work not affecting a change in
cost or time."
"The Architect will interpret and decide matters concerning
performance under and requirements of the Contract Documents on
written request of either the Owner or Contractor. The Architect's
response to such request will be made with reasonable promptness
and within any time limits agreed upon. If no agreement is made
concerning the time within which interpretations required of the
Architect shall be furnished, then delay shall not be recognized
on account of failure by the Architect to furnish such
interpretations until 15 working days after written request is made
for them."
"Interpretations and decisions of the Architect will be consistent
with the intent of and reasonably inferable from the Contract
Documents and will be in writing or in the form of drawings. When
making such interpretations and decisions, the Architect will
endeavor to -secure faithful performance by both Owner and
Contractor, will not show partiality to either and will not be
liable for results of interpretations or decisions so rendered in
good faith."
"The Architect's decisions on matters relating to aesthetic effect
will be final if consistent with the intent expressed in the
Contract Documents."
END OF SECTION 01023
iT SPECIAL CONDITIONS
01023 - 9
7
SPECIAL CONDITIONS - SECTION II
1.01 RELATED DOCUMENTS:
A. Applicable requirements of the General Conditions and Supplementary
General Conditions apply to work specified in this section.
1.02 EXAMINATION OF SITE:
A. Bidders are expected to visit the site and compare the drawings and
t specifications with existing conditions, and inform themselves of all
conditions which will affect this work. Failure of` the successful
bidder to do so will in no way relieve the bidder from necessity of
furnishing any materials, labor or equipment, or performing any work
that may be required to complete work in accordance: with drawings and
specifications, without additional cost to the Owner.
1.03 NOTIFICATIONS:
A. The Contractor shall give verbal notification at least 48 hours prior
to commencing any of the following:
1. Disconnection of Utility Lines
2. Relocation of Power Pole(s)
3. Removal of Existing Trees
4. Removal of Existing Sidewalks
5. Demolition of Existing Structures
6. Shoring of Existing Structure
1.04 PROTECTION AND ACCESS:
i A. The Contractor shall adequately protect the adjacent property at all
times, and shall make good at his own expense any damage to such
property arising out of any operation connected with his contract.
B. The Contractor shall at all times protect trees and shrubs designated
to remain.
1.05 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK:
A. Before the award of the Contract, the Contractor shall furnish in
writing for acceptance by the Owner a list of the names of Subcon-
tractors proposed for the various portions of the work, including the
federal identification number of the Contractor and each Subcon-
tractor. Pay estimates will not be considered until Subcontractors
are approved.
1.06 SITE WORK:
A. The Contractor shall commence work on the removal and/or protection
of existing trees and disconnection of all utilities before demoli-
tion of structures.
1.07 SPECIAL PROJECT PROCEDURES:
A. EXISTING FACILITIES:
1. The drawings and notes do not completely describe existing
buildings or water, sewer, waste, electrical or other construc-
tion conditions and each bidder shall visit the site prior to
submitting his proposal and shall inspect the installation and
conditions to be met and work to be accomplished in removing the
existing work. Failure to comply with this shall not constitute
grounds for any additional payments in connection with removing
any part of the existing installations to meet the requirements
of this contract.
2. Certain information is shown on the drawings concerning the
existing conditions for general information purposes, but shall
not be interpreted as representing "as built" conditions. Where
the existing conditions are found to be different from that
indicated, the Contractor shall notify the Owner so a resolution
of the situation can be resolved without additional expense to
the Owner in so far as possible.
3. All materials, improvements and salvaged items designated to be
removed shall become the property of the Contractor and shall be
legally removed from the site by the Contractor.
B. WORKING AND STORING AREAS:
1. The areas indicated on the Site Plan limiting lines comprise the
working and storing areas. Storing or working outside of the
indicated space is prohibited. Keep areas outside the indicated
working and storing spaces free from debris incident to this
contract. All weeds must be cut and maintained at all times.
C. FACILITIES:
1. The Contractor shall take precautions to protect existing facili-
ties and features within the designated construction limits and
along the access to the construction site. Any damage caused by
the Contractor or his Subcontractor shall be repaired immediately
at his expense.
D. REPAIR OF DAMAGE:
1. The Contractor shall be responsible for any loss or damage caused
by him, his workmen, or his subcontractors to the work, to trees,
materials, tools, and equipment of one another, to adjacent
property and persons, and shall make good any loss, damage or
injury without cost to the Owner.
E. EXISTING UNDERGROUND UTILITIES:
1. Existing underground utility lines occur in the site where the
work is to be done. Such lines shall be verified and staked by ^
the Contractor prior to start of the work.
F. UTILITY CONNECTIONS:
1. Utility Service: Coordinate with Owner for shutoff, capping and
continuation of utility services as required.
2. Outages: Two days prior notice of all utility outages shall be
given to the Owner, and all work of this nature shall be approved
and coordinated with Owner.
3. Contractor shall coordinate with the respective utility company
for the timely removal and relocation of power poles if any
exist.
G. CONSTRUCTION SEQUENCE:
1. During the course of the execution of this contract, the Owner
,may receive bids and award contracts for other work on this or
adjacent sites.
2. This Contractor shall cooperate and coordinate with the Owner and
other on -site contractors so as not to interfere with each
II 2
other's work. If a problem arises with conflicts in work areas,
it shall be brought to the Owner's attention for resolution.
1.08 COORDINATION:
A. All contractors and subcontractors on the project shall coordinate
their work with each other, advising on work schedules, equipment
locations, etc.
1.09 FIELD ENGINEERING:
A. LAYING OUT WORK:
1. A competent foreman or superintendent approved by the Owner shall
be available at the site at all times and in continuous supervi-
sion during the progress of the work to receive! instructions and
to act for the Contractor in the direction of all work.
1.10 REGULATORY REQUIREMENTS:
A. PERMITS AND LAWS:
1. The Contractor shall comply with all Federal, State and Municipal
Laws, Codes and Ordinances applicable to the work of this con-
tract, and he shall also comply with all regulations of the
National Board of Fire Underwriters having jurisdiction, and he
shall obtain and pay for all permits required in connection with
the execution of his work. The Owner shall be furnished with
certified copies of these permits if requested.
2. If the above Laws, Codes or Ordinances conflict with the Contract
Documents, then the laws, codes or ordinances shall govern
instead of the documents, except in such cases where the docu-
ments exceed them in quality of materials, or labor; then the
documents shall be followed.
1.11 PROJECT MEETINGS:
A. PRE -CONSTRUCTION CONFERENCE:
1. Prior to the Contractor beginning work at the site, the Owner
will hold a demolition conference at a time and place to be
established by the Owner.
B. PROJECT BRIEFINGS
1. Each month, the Contractor shall brief the Owner on project
progress during the preceding period. Any slippage in schedule
shall be discussed during the briefings.
� ` 2. Briefings shall be held at a time and place acceptable to the
tJ Owner.
1.12 TEMPORARY UTILITIES:
A. The Contractor shall at his expense furnish power, natural gas, and
water which he may require during demolition. The Contractor shall
make all arrangements necessary to connect to existing utility
systems if needed.
1.13 BARRIERS:
A. CONSTRUCTION FENCES:
1. The Contractor shall at his option install construction fence(s)
for the safe execution of this contract. Due to the nature of
this project, a construction fence may be necessary if the
Contractor plans to demolish structures. If he plans to move the _
structures off site, temporary construction fences may also be
used.
2. After hours public safety is a maior consideration.
1.14 TEMPORARY CONTROL OF MATERIALS:
A. DISPOSAL OF WASTE MATERIALS: _
1. The Contractor shall remove all combustible and non-combustible
waste materials completely from the Owner's property and legally
dispose of same.
2. Burning of any materials will not be permitted within the bound-
aries of the Owner's property.
B. DAILY SITE CLEANUP:
1. The Contractor shall, on a daily basis, have all loose, discard-
ed, material debris and packaging materials picked up and placed
in a proper trash receptacle for removal from the site.
1.15 FIRE PROTECTION DURING DEMOLITION:
A. The Contractor, Subcontractors, and their personnel are required to
be in compliance with the fire protection and prevention requirements
of the Occupational Safety and Health Act for Demolition.
B. Fire extinguishes shall be available at all times while work is being
performed. The number and type are to be as specified in Subpart F
of OSHA. The Contractor is required to furnish his own extincuishes .
C. Waste combustible materials shall not be allowed to accumulate at the
work site and shall be removed from the site and disposed on a
regular basis.
1.16 CONTRACT CLOSEOUT:
A. FINAL CLEANING:
1. At completion of demolition and just prior to acceptance by the
Owner, conduct a final inspection of the property and perform
final cleaning.
2. Clean paved surfaces; rake clean other surfaces of grounds.
END OF SECTION
II - 4
SPECIAL CONDITIONS - SECTION III
DEMOLITION, REMOVAL AND SITE CLEARING
GENERAL
1.01
RELATED DOCUMENTS:
Drawings and general provisions of Contract, including General and
+r"
Supplementary General Conditions, apply to this Section.
1.02
SUMMARY:
This section requires the selective removal and subsequent off site
disposal of the following:
1. All existing structures and associated foundations.
2. All paving including sidewalks and drive approaches INCLUDING ALL
CURB AND GUTTER AND ALLEY RETURNS ADJACENT TO THE PAVING ON PERIME-
TER STREETS.
3. Removing all trees, shrubs, and vegetation not specifically desig-
nated to remain.
4. All foundations of buildings previously removed from the site.
i"
5. Any other items associated with item numbers 1, 2, 3, and 4 listed
.above.
r
f
1.03
RELATED WORK SPECIFIED ELSEWHERE:
A. Earthwork
1.04
JOB CONDITIONS
A. Condition of Structures:
1. Owner assumes no responsibility for actual condition of items or
structures to be demolished or removed.
a. Conditions existing at time of inspection for bidding pur-
poses will be maintained by Owner insofar as practicable.
b. Structures will be inspected for asbestos containing
materials and any remediation of asbestos containing materi-
als required will be completed by another contractor prior
to issuance of notice to proceed.
B. Protection:
Provide temporary barricades and other forms of protection to
protect general public from injury due to selective demolition work.
1. Provide interior and exterior shoring, bracing, or support to
prevent movement, settlement, or collapse of structure or
element to be demolished and adjacent facilities or work to
remain.
2. Protect from damage existing trees and shrubs that are to remain
T in place.
fl 3. Remove protection at completion of work.
C. Damages: Promptly repair damages caused to adjacent properties by
demolition work.
D. Traffic: Conduct selective demolition operations and debris removal
to ensure minimum interference with roads, streets, walks, and other
adjacent occupied or used facilities.
1. Do not close, block, or otherwise obstruct streets, walks, or
other occupied or used facilities without written permission
from authorities having jurisdiction. Provide alternate routes
around closed or obstructed traffic ways if required by govern-
ing regulations.
E. Environmental Controls: Use water sprinkling, temporary enclosures,
and other methods to limit dust and dirt migration. Comply with
governing regulations pertaining to environmental protection.
1. Do not use water when it may create hazardous or objectionable
conditions such as ice, flooding, and pollution.
EXECIITION
1.05 DEMOLITION
A. General: Perform selective demolition work in a systematic manner.
Use such methods as required to complete work indicated on Drawings
in accordance with demolition schedule and governing regulations.
1. Demolish concrete and masonry in small sections. Cut concrete
and masonry at junctures with construction to remain using
power -driven masonry saw or hand tools; do not use power -driven
impact tools.
2. Provide services for effective air and water pollution controls
as required by local authorities having jurisdiction. --
3. Demolish and remove all foundation beams and pads. Demolish and
remove below -grade concrete, wood or metal construction.
4. Completely fill below -grade areas and voids resulting from
demolition work. Provide fill consisting of approved earth,
gravel, or sand, free of trash and debris, stones over 6 inches
in diameter, roots, or other organic matter. Fill for below
grade areas shall be in accordance with earthwork section.
5. Public utilities above grade will be removed and or relocated
from the site by the respective utility company. With the
exception of the underground telephone conduit of Southwestern
Bell Telephone Company, all below grade utilities will be
removed and relocated by the respective utility.
Southwestern Bell Telephone Company's conduits will remain in
place and the Contractor shall provide all care and safeguards
necessary to protect the conduits through the completion of this
contract.
B. If conditions become evident that will conflict, or cause a con-
flict, with intended scope of this work,. investigate and measure
both nature and extent of the conflict. Submit report to Owner's
Representative in written, accurate detail. Pending receipt of
directive from Owner's Representative, rearrange selective demoli-
tion schedule as necessary to continue overall job progress without
undue delay.
1.06 SALVAGED MATERIALS:
A. Salvaged Items: With the exception of the brick pavers located in
the alley areas on the site, all salvaged items shall become the
property of the Contractor and shall be legally removed from site.
Brick pavers located in the alley areas shall remain the property of
the City of Lubbock and shall be removed by the Contractor under
this contract and stacked neatly on pallets in an area designated by
the City of Lubbock Street Department.
1.07 DISPOSAL OF DEMOLISHED MATERIALS:
t A. Remove from building site debris, rubbish, and other materials
resulting from demolition operations. Transport and legally dispose
off site.
B. If hazardous materials are encountered during demolition operations,
comply with applicable regulations, laws, and ordinances concerning
removal, handling, and protection against exposure or environmental
pollution.
C. Burning of removed materials is not permitted on project site.
1.08 CLEANUP AND REPAIR:
A. Upon completion of demolition work, remove tools, equipment and
demolished materials from site. Remove protection and leave site
clean.
B. Repair demolition performed in excess of that required. Restore
elements scheduled to remain to condition existing prior to start of
operations. Repair adjacent property or surfaces damaged by selec-
tive demolition work.
END OF SECTION
7 III - 3
t
F
SPECIAL CONDITIONS - SECTION IV
EARTHWORK
1.0 GENERAL
The following are minimum requirements applicable to this project. In
cases of conflict or disagreement with other sections of these specifica-
tions, the plans, or any applicable laws, ordinances, codes or regula-
tions, the more stringent requirement shall govern.
1.1
The term "earthwork" used herein shall mean excavation, filling, grading,
and subgrade preparations,.whether.such operations are a separate major
contract, subcontract, or are incidental as part of work by other trades.
This work includes, but is not necessarily limited to, filling to obtain
rough grading and excavation of footings and miscellaneous structures.
1.2 RELATED WORK
A. Demolition, clearing, and grubbing
1.3 DEFINITIONS
Excavation shall mean the removal of soil materials to design depths and
elevations necessary to construct subgrade for pavements, slabs, walks or
other structures or landscape areas.
Filling shall mean the construction of soil embankments with approved
materials to raise the grade back to its original elevation.
` Unclassified Excavation shall mean all excavation except Rock Excavation,
which shall mean the removal of any dense and hard natural material
exceeding 2/3 cubic yard volume that cannot be removed without the use of
explosives, drilling, or pneumatic impact methods.
Structural Fill shall mean all materials approved for specific uses of
raising the grade below pavements, slabs, walks and other structures, or
for backfilling excavations made below or adjacent to any structure.
On -site Material shall mean any material found naturally on the site.
Imported Material shall mean any material hauled to the site from off -
site areas to be incorporated into the work, subject to approval for the
intended use.
Backfillina shall mean the filling of any excavation with materials
approved for the specific use.
Unsuitable Soil Excavation shall mean the removal of any soil materials
determined to be deficient for use under pavements, slabs, walks or other
structures or uses.
Subgrade shall mean the completed soil foundation on which any base
materials, pavements, walks, slabs or other structures will be con-
structed.
ASTM is the American Society for :Testing Materials; referenced ASTM
specifications or test procedures shall mean the latest edition thereof.
TSDHPT is the Texas State Department of Highways and Public Transporta-
tion; referenced TSDHPT specifications shall mean as detailed in the
latest edition of TSDHPT's "Standard Specifications for Construction of
Highways, Streets and Bridges."
F IV - 1
1.4 QUALITY ASSURANCE
A. The Owner shall provide the services of an independent commercial
geotechnical and/or soil testing laboratory for the purposes of
performing in -place moisture -density tests, materials tests, examina-
tions, and recommendations as to suitability of soil materials pro-
posed by Contractor to be incorporated into the work, site inspec-
tions during progress of work under this section, and other purposes
which the Owner or Engineer may occasionally deem necessary to insure
adherence to the project specifications.
B. Contractor shall notify the testing laboratory when parts of the work
will be ready for any required tests or inspections far enough in
advance to avoid unnecessary delays.
C. Contractor shall notify the testing laboratory of proposed off -site
borrow areas, if any, at least 5 (five) days in advance of intent to
use materials from such area, so that the laboratory can verify
acceptability of the materials for the intended use. If requested by
the laboratory, Contractor shall supply suitable quantities of said
material to the laboratory for testing, or shall make the borrow area
accessible to the lab's employees for sampling purposes.
D. Copies of all test reports shall be sent to the Owner, Engineer, and
Contractor.
1.5 SITE CONDITIONS
A. Any data presented in soil or subsurface investigations made avail-
able to Contractor either as an exhibit included with these specifi-
cations or separately are presented solely for the convenience of the
Contractor. Such data is not intended as an indication of all
.conditions which may be encountered on -site during prosecution of
work under this contract. Contractor is left to reach his own
conclusions from any data presented. Contractor may, after prior
written approval by Owner, make further test borings or other specif-
ic exploratory examinations of site conditions at his own expense.
B. Contractor shall verify locations of all utilities within the limits
of construction with respective utility company or owner. Should
unknown or incorrectly located underground facilities be encountered
during excavation work, the respective utility company or owner shall
be contacted immediately.
C. Contractor shall take adequate means to support or otherwise protect
all structures, pavements, utilities, walks, and other improvements
intended to remain intact, both on -site and on adjacent properties,
from damages that may result from earthwork operations.
D. Any planned interruptions to existing utility services necessitated
by this work shall be preceded by Contractor issuing notice to the
Engineer, utility, and any governing authorities having jurisdiction,
a minimum of 48 hours prior to the planned interruption.. Additional-
ly, Contractor shall obtain written authorization to proceed as
necessary.
E. Contractor shall notify the Engineer of any substantive conditions
encountered on -site that are inconsistent with the plans, specifica-
tions, and soils investigation.
IV - 2
I
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F
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2.0 PRODUCTS
2.1 MATERIALS
A. Structural fill material may be on -site or imported material, subject
to the approval of the Engineer, and in general shall be a material
free of injurious amounts of clay, organics, or other problematic
constituents, shall have no particles larger than 3" in any dimen-
sion, shall have a maximum liquid limit of 35, and shall have a
maximum plasticity index of 12.
B. Unsuitable soils for use as structural fill are defined under ASTM
Designation D2487 (based on the Unified Soil Classification System)
as ML, OL, CH, MH, OH, and PT.
3.0 EXECUTION
3.1 PREPARATION
A. Contractor shall locate and barricade as necessary for adequate
protection all property corners, improvements, and benchmarks intend-
ed to remain intact. Contractor shall notify Engineer of proposed
start-up date.
B. Contractor shall notify Engineer of any substantive deviations on -
site from anticipated conditions that may affect the laying out,
construction, or quality of the work.
3.2 TESTING AND INSPECTIONS
A. Contractor shall coordinate with the commercial testing laboratory to
assure that laboratory and field quality control tests and inspec-
tions are performed as required and in a manner to least impede the
orderly progression of the work. The laboratory shall perform tests
on all fill and natural subgrade materials proposed to be incorporat-
ed into the work to assure adherence to the specifications. These
tests may include, but may not necessarily be limited to, sieve
analyses, determination of moisture -density relationships, determina-
tion of relative density relationships (for cohesionless soils), and
determination of Atterberg Limits where required by soil type. Field
inspections may include, but may not necessarily be limited to,
determination of field moisture -density relationships, determination
of limits of unsuitable soils, miscellaneous sampling operations, and
inspections of excavations.
3.3 EXCAVATION
A. Excavated materials shall be used for the structural fills and
subgrades provided the materials are found to be acceptable for the
intended use by the testing laboratory and/or the Engineer.
B. Unsuitable soils found beneath proposed building or paved areas
during excavation operations shall be removed and replaced with
satisfactory materials. Limits of excavation of unsuitable soils
shall be determined by the testing laboratory and/or the Engineer.
Unsuitable soils under building or paved areas that cannot be uti-
lized elsewhere on -site shall be removed off -site.
C. If rock is encountered during excavation operations,,Contractor shall
notify the Engineer in order that suitable measurements may be taken
to determine the extent of the rock and work required to remove it.
If unit prices have not been supplied for rock excavation, prices
must be agreed upon and documented with Contractor, Owner, and
Engineer prior to performing rock excavation.
IV - 3
D. Excavation, including over -excavation and remedial measures there-
fore, for removal of building footings, foundations, and other
building structural excavations, shall be as per requirements de-
tailed with site demolition specifications.
E. Contractor shall notify the Engineer and the appointed testing
laboratory if any buried tanks, soil contamination, unusual odors, or
other significant unexpected subsurface conditions are encountered
during excavation work.
3.4 GRADING
A. In general, areas that have been excavated for demolition purposes
shall be returned to the original grade as determined by the Engi-
neer.
3.5 FILLING
A. All surfaces of areas excavated to receive fill shall be inspected
and approved by a representative of the appointed testing laboratory
and/or the Engineer before placement of fill materials.
B. Structural fill material shall be used for raising the grade below
all excavated areas. If insufficient suitable material exists on -
site to complete subgrade areas, Contractor shall secure approval
from the Engineer for a source of imported material. Subgrades shall
be finished to planned elevations unless otherwise authorized in "—
writing by the Engineer.
C. Under excavated areas to receive fill, the existing materials (if
acceptable) shall be replaced in maximum 81, lift depths, processed,
and compacted to a minimum of 95'k of Standard Proctor, ASTM D698.
D. Fill materials shall be placed in layers of uniform thickness not to
exceed 8" loose depth. Materials to be compacted by hand -operated
equipment shall be placed in lifts of 4" loose depth maximum.
E. Do not incorporate frozen material into the fill lifts.
F. Stones, rocks, or other particles larger than 3" diameter shall be
removed from the final fill lift and shall not be present in the top
611 of completed subgrade embankment.
3.6 COMPACTION
A. Theoretical maximum densities for soils used shall be as determined
in accordance with ASTM D698 for cohesive soil materials, and rela-
tive densities as determined in accordance with ASTM D2049 for
cohesionless soils (granular materials that will not produce a well-
defined moisture -density relationship).
B. Minimum compaction requirements shall be as follows:
1. Fill materials in all excavated areas, no less than 95% ASTM D698
for cohesive material; no less than 100% ASTM D2049 for granular
material.
C. Fill materials shall be uniformly moistened or dried as necessary to
obtain uniform moisture conditions within the specified limits.
Cohesive soil materials shall have a moisture content within -it to
+3% of the laboratory determined optimum, and within f3t for granular
materials.
D. Contractor shall utilize only processing and compaction equipment
designed specifically for the types of soil materials being used.
IV - 4
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3.7 FIELD QUALITY CONTROL
A. Contractor shall coordinate timing of required field quality control
tests and inspections with the appointed testing laboratory. Testing
laboratory employees shall be allowed complete access to the work in
order to inspect, test, and approve fill lifts, excavation surfaces,
and subgrades prior to performance of further construction thereon.
B. Field density tests shall be performed in accordance with ASTM D2922
(nuclear density method) and that the same method shall be employed
for all field density tests unless otherwise approved by the Engi-
neer. The exact number and locations of these in -place density tests
shall be at the option of the testing laboratory subject to review
and approval by the Engineer. The following shall serve as minimum
requirements in this regard:
1. A minimum of one (1) in -place density test shall be performed per
5,000 square feet area per 8" loose lift of fill, or per 5,000
square feet of excavation. In no case shall the number and
locations of tests be -less than that needed to assure adherence
to specified density requirements.
C. Contractor shall provide additional processing and compaction of
areas determined to be defective by the inspections and testing
results until satisfactory results are obtained. If in the opinion
of the Engineer, based on test reports and inspections, repeated
failure to achieve required densities is the result of ineffective,
inappropriate, or otherwise deficient work methods by the Contractor,
Contractor shall provide for retesting at his own expense and shall
alter his equipment and/or work methods until required results are
achieved.
3.8 MAINTENANCE
A. If completed earthwork areas suffer damage due to weather, construc-
tion activities, or other causes, the damaged areas shall be reworked
as necessary to obtain required grades, compaction, and tolerances
prior to commencing further construction thereon.
t B. Completed earthwork areas shall be kept free of trash and debris.
C. Any materials not incorporated into the work, either due to being
unsuitable or excess in quantity, shall be legally disposed of off -
site by Contractor.
D. During the project warranty period, if any, Contractor shall be
liable for the repair of paved areas that subsequently undergo
observable or damaging settlement. Repair shall include neat removal
of surface improvements, correction of settled materials by further
backfill and compaction or by other suitable stabilization, and
replacement of improvements to match original work. Restoration
shall be accomplished in a manner to minimize evidence of same.
END OF SECTION
7 IV - 5