HomeMy WebLinkAboutResolution - 3952 - Contract - Larcon Enterprises - Various Park Lights, Guadalupe Park - 09/10/1992Resolution No. 3952
September 10, 1992
Item 418
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract by
and between the City of Lubbock and Larcon Enterprises to furnish and in-
stall various park lights at Guadalupe Park, attached herewith, which shall
be spread upon the minutes of the Council and as spread upon the minutes of
this Council shall constitute and be a part of this Resolution as if fully
copied herein in detail. �--�
Passed by the City Council thi
ATTEST:
, city Secretary
APPROVED AS TO CONTE T:
01
e urc asing Manager
APPROVED AS TO FORM:
A�
Harold Willard, Assistant'City
Attorney
HW:3s/LAR=AES
D2-Agenda/August 31, 1992
CITY OF LUBBOCK
SPECIFICATIONS
FOR
GUADALUPE STRIP PARK LIGHTING;
BID # 12119
CITY. OF LUBBOCK
Lubbock, Texas ��� au
MAILED TO VENDOR: July 7, 1992
CLOSE: 07/16/92 @ 2:00 P.M.
BID # 12119 - GUADALUPE PARK LIGHTING
ADDENDUM # 1
Please modify of amend Contract Documents as follows:
Office of
Purchasing
1. Please note the correction of a typographical error at
"Notice to Bidders"; correct heading for project is
Guadalupe Park Lighting.
2. At "Information for Bidders; page l; item 1: the correct
closing date is 2:00 P.M. on the 16th day of July. 1992.
3. Please find enclosed the corrected Bid Proposal Form for bid
submitted.
A
YOU,
Ron Shuffiel ,
�&
CITY OF LUBBOCK
PURCHASING OFFICE
PLEASE RETURN ONE COPY WITH YOUR BID
i
City Lubbock
of
P.O. Box 2000
Lubbock. Texas 79457
606-767-2167
i,
MAILED TO VENDOR: July 7, 1992
CLOSE: 07/16/92 @ 2:00 P.M.
BID # 12119 - GUADALUPE PARK LIGHTING
ADDENDUM # 1
Please modify of amend Contract Documents as follows:
Office of
Purchasing
1. Please note the correction of a typographical error at
"Notice to Bidders"; correct heading for project is
Guadalupe Park Lighting.
2. At "Information for Bidders; page l; item 1: the correct
closing date is 2:00 P.M. on the 16th day of July. 1992.
3. Please find enclosed the corrected Bid Proposal Form for bid
submitted.
A
YOU,
Ron Shuffiel ,
�&
CITY OF LUBBOCK
PURCHASING OFFICE
PLEASE RETURN ONE COPY WITH YOUR BID
7,
NOTICE TO BIDDERS
CDWO 3113-591103-0001
S" COMMUNITY DEVELOPMENT BLOCK GRANT
CITY OF LUBBOCK
BID # 12119
Sealed proposals addressed to Gene Eads, Purchasing Manager, City
of Lubbock, Texas, will be received at the Purchasing Office,
Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas
79401 until 2:00 o'clock p.m., on the 16th day of July. 1992, or,
as changed by the issuance of formal addenda to all planholders,
to furnish all labor and materials and perform all work for the
construction of the following project:
GUADALUPE PARK LIGHTING
Bidders are also required to submit a signed certification in
compliance with Section 109 of Pub. L. 100-202 regarding
restrictions on the Award of Certain Contracts and Subcontracts
I to Foreign Countries.
I Bidders are required to submit a cashier's or certified check or
bid bond in the amount of 5% of the total bid and the successful
bidder shall provide bond in full amount of the contract executed
by a surety company authorized to do business in Texas.
The above described project will be paid for in cash by the
Community Development Block Grant received by the City from the
Department of Housing and Urban Development. The contract for
this project must comply with all applicable Federal laws and
regulations including the payment of federal minimum wages under
the provision of the Davis -Bacon Act, and the compliance with the
provisions of equal employment opportunities and under Section 3
Affirmative Action and Executive Order 11246.
Plans and Specifications are on file at the Purchasing Office and
may be obtained at the office of Gene Eads, C. P. M., Purchasing
Manager, Room L-04, Municipal Building, 1625 13th Street,
Lubbock, Texas, 79401.
There will be a pre-bid conference on July 9. 1992 at 10:00
o'clock a.m., Personnel Conference Room 108, Municipal Building,
1625 13th Street.
CITY OF LUBBOCK, TEXAS
i
Y: G ne Eads, C.P.M.
Purchasing Manager
i
INFORMATION FOR BIDDERS
1. Receipt and Opening of Bids
The City of Lubbock (herein called the "Owner"), invites bids
on the form attached hereto, all blanks of which must be
appropriately filled in. Bids will be received by the Owner
at the office of Gene Eads, Purchasing Manager, City of
Lubbock, Texas.until 2:00 o'clock p.m., on the 16th day of
July, 1992, and then at said office publicly opened and read
aloud. The envelopes containing the bids must be sealed,
addressed to Gene Eads, Purchasing Manager, at Municipal
Building, 1625 13th Street, (Room L04), Lubbock, Texas 79401
and designated as Bid for GUADALUPE PARK LIGHTING.
The Owner may consider as informal any bid not prepared and
submitted in accordance with the provisions hereof and may
waive any informalities or reject any and all bids. Any bid
may be withdrawn prior to the above scheduled time for the
opening of bids or authorized postponement thereof. Any bid
received after the time and date specified shall not be
considered. No bidder may withdraw a bid within thirty (30)
days after the actual date of the opening thereof.
2. Preparation of Bid
Each bid must be submitted in a sealed envelope bearing on
the outside the name of the bidder, his address and the
name of the project for which the bid is submitted. If
forwarded by mail, the sealed envelope containing the bid
must be enclosed in another envelope addressed as specified -
in the bid form.
3. Subcontracts
The bidder is specifically advised that any person, firm, or
other party to whom the bidder proposes to award a subcon-
tract under this Contract must be acceptable to the Owner
after verification by the Community Development Department
of the City of Lubbock.
The bidder should submit to the Owner a list of proposed
subcontractors which consists of each subcontractor's legal
name and business address. Although there is no requirement
that this list be submitted with a bid, the Owner requests
that such list be attached to said bid so that appropriate
action can be taken to prevent subsequent delay in subcon-
tract awards.
- 1 -
u
BID PROPOSAL
BID FOR UNIT PRICE
PLACE:
DATE:
PROJECT NO:
Proposal of
(hereinafter called "Bidder")
To the Honorable Mayor and City Council City of Lubbock, Texas
(hereinafter called "Owner")
Gentlemen:
The Bidder in compliance with your invitation for bids for
having carefully examined the plans, specifications, instructions
to bidders, notice to bidders and all other related Contract
Documents and the site of the proposed work, and being familiar
with all of the conditions surrounding the construction of the
proposed project including the availability of materials and labor,
hereby proposes to furnish all labor, materials, and supplies; and
to construct the project in accordance with the plans,
specifications and Contract Documents, within the time set forth
therein and at the prices stated in Exhibit "A".
The Bidder binds himself on acceptance of his proposal to execute a
Contract and any required bonds, according to the accompanying
forms, for performing and completing the said work within the time
stated and for the prices stated in Exhibit "A" of this proposal.
Bidder hereby agrees to commence the work on the above project on
or before a date to be specified in a written "Notice to Proceed"
of the Owner and to fully complete the project within 60 (SIXTY)
working days thereafter as stipulated in the specifications and
other Contract Documents. Bidder hereby further agrees to pay the
owner as liquidated damages the sum of $100.00 (ONE HUNDRED
DOLLARS) for each working day in excess of the time set forth
hereinabove for completion of this project, all as more fully set
forth in the General Conditions of the contract.
Bidder understands that the Owner reserves the right to reject any
or all bids and to waive any formality in the bidding.
I
Bidder agrees that this bid shall be good and may not be withdrawn
for a period of thirty (30) calendar days after the scheduled
closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site
of the work and has carefully examined the plans, specifications,
!� and Contract Documents pertaining to the work covered by this bid,
and he further agrees to commence work on or before the date
specified in the written notice to proceed, and to substantially
complete the work on which he has bid; as provided in the Contract
Documents.
Enclosed with this proposal is a Cashier's Check or Certified Check
for
Dollars ($ ) or a Proposal Bond in the sum
of Dollars ($ ), which it is
agreed shall be collected and retained by the Owner as liquidated
damages in the event the proposal is accepted by the Owner and the
undersigned fails to execute the necessary Contract Documents and
the required bond (if any) 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.
Contractor
By•
(Seal if Bidder is a Corporation)
ATTEST:
Secretary
Office of
Purchasing
City of Lubbock
P.O. Box 2000
Lubbock. Texas 79457
606-767-2167
MAILED: July 9, 1992
CLOSE DATE: 07/16/92 @ 2:00 P.M.
la
BID #12119 - GUADALUPE PARK LIGHTING
ADDENDUM #2
rI Please modify or amend Contract Documents as follows:
�1
1. Please find enclosed a new Bid Proposal Form for bid submittal.
E}
j' TNA YOU,
on Shuffield,
CITY OF LUBBOCK
PURCHASING OFFICE
�G
PLEASE RETURN ONE COPY WITH YOUR BID
r.
BID PROPOSAL
BID FOR LUMP SUM CONTRACT
PLACE:
DATE:
PROJECT NO:
Proposal of
(hereinafter called "Bidder")
To the Honorable Mayor and City Council City of Lubbock, Texas
(hereinafter called "Owner")
Gentlemen:
The Bidder in compliance with your invitation for bids for
Guadalupe Park Lighting
having carefully examined the plans, specifications, instructions
to bidders, notice to bidders and all other related Contract
Documents and the site of the proposed work, and being familiar
with all of the conditions surrounding the construction of the
proposed project including the availability of materials and labor,
hereby proposes to furnish all labor, materials, and supplies; and
to construct the project in accordance with the plans,
specifications and Contract Documents, within the time set forth
therein and at the prices stated below:
MATERIALS• (S )
SERVICES: (S )
TOTAL BID• ($ )
t l UNIT COST PER LINEAR FEET FOR ROCK EXCAVATION.
MATERIALS: (S /L.Ft.)
SERVICES: (S /L.Ft.)
TOTAL UNIT BID: (S /L.Ft.)
(Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall
govern.)
The Bidder binds himself on acceptance of his proposal to execute a
Contract and any required bonds, according to the accompanying
forms, for performing and completing the said work within the time
stated and for the prices stated in this proposal.
17, Bidder hereby agrees to commence the work on the above project on
or before a date to be specified in a written "Notice to Proceed"
of the Owner and to fully complete the project within 60 (SIXTY)
working days thereafter as stipulated in the specifications and
other Contract Documents. Bidder hereby further agrees to pay the
owner as liquidated damages the sum of $100.00 (ONE HUNDRED
DOLLARS) for each working day in excess of the time set forth
hereinabove for completion of this project, all as more fully set
forth in the General Conditions of the contract.
Bidder understands that the Owner reserves the right to reject any
or all bids and to waive any formality in the bidding.
Bidder agrees that this bid shall be good and may not be withdrawn
for a period of thirty (30) calendar days after the scheduled
r" closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site
of the work and has carefully examined the plans, specifications,
and Contract Documents pertaining to the work covered by this bid,
and he further agrees to commence work on or before the date
specified in the written notice to proceed, and to substantially
complete the work on which he has bid; as provided in the Contract
Documents.
Enclosed with this proposal is a Cashier's Check or Certified Check
for
Dollars ($ ) or a Proposal Bond in the sum
of Dollars ($ ), which it is
agreed shall be collected and retained by the Owner as liquidated
damages in the event the proposal is accepted by the Owner and the
undersigned fails to execute the necessary Contract Documents and
the required bond (if any) 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.
By • .
(Seal if Bidder is a Corporation)
ATTEST:
Secretary
r
Contractor
CITY OF LUBBOCK
COMMUNITY DEVELOPMENT BLACK GRANT PROGRAM
SPECIFICATIONS
FOR
TITLE: GUADALUPE STRIP PARK LIGHTING
ADDRESS: 1ST & AVENUE L
CDWO: 3113-591103-0001
BID NO.: 12119
1 �
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
LI
(THIS PAGE LEFT BLANK INTENTIONALLY)
L
NOTICE TO BIDDERS
(THIS PAGE LEFT BLANK INTENTIONALLY)
INDEX
I, NOTICE TO BIDDERS
2. INFORMATION FOR BIDDERS
3. BID PROPOSAL — BID FOR LUMP SUM CONTRACTS
4. BID PROPOSAL — BID FOR UNIT PRICE
5. PAYMENT BOND (FOR CONTRACTS IN EXCESS OF $259000)
6. PERFORMANCE BOND (FOR CONTRACTS IN EXCESS OF $25,000)
7. CERTIFICATE OF INSURANCE
8. HUD CERTIFICATIONS '
9. CONTRACT
10. GENERAL CONDITIONS OF THE AGREEMENT
11. 1EXHIBITS
.A. Copeland Anti -Kickback Regulations
B. Current Wage Determinations
A
12. SPECIAL CONDITIONS OF THE AGREEMENT
-13. SPECIFICATIONS (TO BE PROVIDED BY ENGINEERS)
14. SPECIAL CONDITIONS (TO BE PROVIDED BY ENGINEERS)
15. NOTICE OF ACCEPTANCE
No Text
r
7,
NOTICE TO BIDDERS
CDWO 3113-591103-0001
COMMUNITY DEVELOPMENT BLOCK GRANT
CITY OF LUBBOCK
BID # 12119
Sealed proposals addressed to Gene Eads, Purchasing Manager, City
of Lubbock, Texas, will be received at the Purchasing Office,
Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas
79401 until 2:00 o'clock p.m., on the 16th day of July, 1992, or
as changed by the issuance of formal addenda to all planholders,
to furnish all labor and materials and perform all work for the
construction of the following project:
GUADALUPE STRIP PAVING LIGHTING
Bidders are also required to submit a,signed certification in
compliance with Section 109 of Pub. L. 100-202 regarding
restrictions on the Award of Certain Contracts and Subcontracts
to Foreign Countries.
Bidders are required to submit a cashier's or certified check or
bid bond in the amount of 5% of the total bid and the successful
bidder shall provide bond in full amount of the contract executed
by a.surety company authorized to do business in Texas.
The above described project will be paid for in cash by the
Community Development Block Grant received by the City from the
Department of Housing and Urban Development. The contract for
this project must comply with all applicable Federal laws and
regulations including the payment of federal minimum wages under
the provision of the Davis -Bacon Act, and the compliance with the
provisions of equal employment opportunities and under Section 3
Affirmative Action and Executive Order 11246.
Plans and Specifications are on file at the Purchasing Office and
7�'' may be obtained at the office of Gene Eads, C. P. M., Purchasing
j Manager, Room L-04, Municipal Building, 1625 13th Street,
Lubbock, Texas, 79401.
17 There will be a pre-bid conference on July 9. 1992 at 0:00
o'clock a.m., Personnel Conference Room 108, Municipal Building,
1625 13th Street.
CITY OF LUBBOCK, TEXAS
J,fX1 S�0& A(I-S
Y: Gene Eards, C.P.M.
Purchasing Manager
No Text
n
n
F1
CERTIFICATION IN COMPLIANCE WITH
SECTION 109 OF PUB. L. 100-202
REGARDING RESTRICTIONS ON THE AWARD
OF CERTAIN CONTRACTS AND SUBCONTRACTS
TO FOREIGN COUNTRIES
(a) Definitions. The definitions pertaining to this provision are
those that are set forth in the clause entitled "Restrictions on
Public Works Projects."
(b) Certification. Except as provided in paragraph (c) of this
provision, by submission of its bid or proposal, the bidder
certifies that it -
(1) Is not a Contractor of a foreign country included on the
list of countries that -discriminate against U.S. firms
published by the Office of the United States Trade
Representative (USTR) (see paragraph (h) of this provision);
(2) Has not or will not enter into any subcontract with a
subcontractor of a foreign country included on the list of
countries that discriminate against U.S. firms published by
the USTR; and
(3) Will not provide any product of a country included on the
list of foreign countries that discriminate against U.S.
firms published by the USTR.
(c) Inability to certify. -A bidder unable to certify in accordance
with paragraph (b) of this provision shall submit with its offer
a written explanation fully describing the reasons for its
inability to make the certification.
(d) Applicability of 18 U.S.C. 1001. The certification in paragraph
(b) of this provision concerns a matter within the jurisdiction
of an agency of the United States, and the making of a false,
fictitious, or fraudulent certification may render the maker
subject to prosecution under Title 18, U.S.C. 1001.
(e) Notice. The bidder shall provide immediate written notice to the
Contracting Officer if, at any time before the contract award,
the bidder learns that its certification was erroneous when
submitted or has become erroneous by reason of changed
circumstances.
(f) Restrictions on contract award. Unless a waiver to these
restrictions is granted by the Secretary of Housing and Urban
Development, no contract will be awarded to a bidder (1) who is
owned or controlled by a citizen or national of a foreign country
included on the list of foreign countries that discriminate
against U.S. firms published by the USTR, (2) whose subcon-
tractors are owned or controlled by citizens or nationals of a
foreign country on the USTR list, or (3) who incorporates any
product of a foreign country on the USTR list in the public works
project.
(g) Recordkeeping. Nothing contained in the foregoing
shall b
construed to require establishment of a system oofrecordsin
order to render, in good faith, the certification required by
paragraph (b) of this provision. The knowledge and information
of a bidder is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business
dealings.
(h) USTR list. The USTR published an initial list in the Federal
Register on December 30, 1987 (53 FR 49244), which identified one J
country - Japan. The USTR can add countries to the list, and
remove countries from it, in accordance with section 109(c) of
Pub. L. 100-202.
LARCON ENTERPRISES
Contrac r
By.
LARRY W ANDERSON
OWNER
(Seal if Bidder is a Corporation)
ATTEST:
INFORMATION FOR BIDDERS
(THIS PAGE LEFT BLANK INTENTIONALLY)
l
L,
I�
INFORMATION FOR BIDDERS
1. Receipt and Opening of Bids
The City of Lubbock (herein,called the "Owner"), invites bids
on the form attached hereto, all blanks of which must,be
appropriately filled in. Bids will be received by the Owner
at the office of Gene Eads, Purchasing Manager, City of
Lubbock, Texas until 2:00 o�lclock P.m., on the 17th day of
duly, 1992, and then at said office publicly opened and read
aloud. The envelopes containing the bids must be sealed,
addressed to Gene Eads, Purchasing Manager, at Municipal
Building, 1625 13th Street, (Room L04), Lubbock, Texas 79401
and designated as Bid for GUADALUPE STRIP PARK LIGHTING.
The Owner may consider as informal any bid not prepared and
submitted in accordance with the provisions hereof and may
waive any informalities or reject any and all bids. Any bid
may be withdrawn prior to the above scheduled time for the
opening of bids or authorized postponement thereof. Any bid
received after the time and date specified shall not be
considered. No bidder may withdraw a bid within thirty (30)
days after the actual date of the opening thereof.
2. Preparation of Bid
Each bid must be submitted in a sealed envelope bearing on
the outside the name of the bidder, his address and the
name of the project for which the bid is submitted. If
forwarded by mail, the sealed envelope containing the bid
must be enclosed in another envelope addressed as specified
in the bid form.
3. Subcontracts
The bidder is specifically advised that any person, firm, or
other party to whom the bidder proposes to award a subcon-
tract under this Contract must be acceptable to the Owner
after verification by the Community Development Department
of the City of Lubbock.
The bidder should submit to the Owner a list of proposed
subcontractors which consists of each subcontractor's legal
name and business address. Although there is no requirement
that this list be submitted with a bid, the Owner requests
that such list be attached to said bid so that appropriate
action can be taken to prevent subsequent delay in subcon-
tract awards.
- 1 -
4. Telegraphic Modification
Any bidder may modify his bid by telegraphic communication
at any time prior to the scheduled closing time .for receipt
of bids, provided such telegraphic communication is received
by the Owner.prior to the closing time and, provided
further, the Owner is satisfied that a written confirmation
of the telegraphic modification over the signature of the
bidder was mailed prior to the closing time. The telegra-•
phic communication should not reveal the bid price but
should provide the addition or subtraction or other modi-
fication so that the final prices or terms will not be known
by the Owner until the sealed bid is opened. If written
:confirmation is not received within two (2).days-from the
closing time, no consideration will be given to the tele-
graphic modification.
5. Qualifications of Bidder
The Owner may make such investigations as he deems necessary
to determine the ability ofthebidder to perform the work,
and the bidder shall furnish to the Owner all such informa-
tion and data for this purpose as the Owner may request.
The Owner reserves the right to reject any bid if the
evidence submitted by, or investigation of, such bidder
fails to satisfy the Owner that such bidder is properly
qualified to carry outthe obligations of the Contract and
to complete the work contemplated therein. Conditional bids
will not be accepted. Bidder must be acceptable to the
Owner after verification by the HUD Area Office of the
bidder's current eligibility status.
6. Bid Security
Each bid must be accompanied by cash, certified check of the ^'
- bidder or a bid bond duly executed by the bidder and issued
by a surety company approved by the Owner, in the amount of
5% of the bid. Such cash, checks or bid bonds will be
returned to all except the three lowest bidders within three
(3) -days after the opening of bids, and the remaining cash,
checks or bid bonds will be returned promptly after the
Owner and the accepted bidder have executed the Contract,
or, if no award has been made within thirty (30) days after
the date of the opening'of bids, upon demand of the bidder
at any time thereafter, so long as he has not been notified
of the acceptance of his bid.
- 2 -
The successful bidder, upon his failure or refusal to execute
and deliver the Contract, certificate of insurance and bonds
�- required within ten (ten) days after he has received notice
of the acceptance of his bid, shall forfeit to the Owner the
security deposited with his bid.
r" 7. Time of Completion and Liquidated Damages
Bidder must agree to commence work on or before a date to be
specified in a written "Notice to Proceed" of the Owner and
to fully complete the project within (60) SIXTY working days
thereafter. Bidder must agree also to pay as liquidated
damages the sum of $100.00 (One Hundred dollars)_ for each
consecutive calendar day thereafter in which the: project is
not fully completed.
S. Conditions of Work
Each bidder must inform himself fully of the conditions
relating to the construction of the project and the
employment of labor thereon. Failure to do so will not
relieve a successful bidder of his obligation to furnish all
material and labor necessary to carry out the provisions of
his Contract. Insofar as possible the Contractor, in
carrying out his work must employ such methods or means as
will not cause any interruption of or interference with the
work of any other contractor.
9. Addenda and Interpretations
No interpretation of the meaning of the pians, specifications
or other pre-bid documents will be made to any bidder orally.
Every request for such interpretation should be in writing
and addressed to Gene Eads C.P.M.. Purchasing Manager
at P.O. Box 2000, Lubbock. TX 79457
and to be given consideration must be received at least five
(5) days prior to the date fixed for the opening of bids.
Any and all such interpretations and any supplemental
instruction will be in the form of written addenda to the
specifications which, if issued, will be mailed by certified
mail with return receipt requested to all prospective
bidders (at the respective addresses furnished for such
purposes), not later than three (3) days prior to the date
fixed for the opening of bids. Failure of any bidder to
receive any such addendum or interpretation shall not ,
3 -
relieve such bidder from any obligation under his bid as
submitted. All addenda so issued shall become part of the
Contract Documents.
10 Performance Bond and Payment Bond (Contract in Excess of
$25,000)
The successful bidder shall be required to furnish a
performance bond and payment bond in accordance with Article
5160, Vernon's Annotated Civil Statutes, in the amount of —
100% of the total Contract price, in the event said Contract
price exceeds $25,000.00. If the contract price does'not
exceed $25,000.00, the statutory bonds will not be required.
All bonds, if required, shall be submitted on the forms supplied
by the Owner, and executed by an approved Surety Company
authorized to do business in the State of Texas. And it is
further agreed that this Contract shall be in effect until such
bonds are so furnished. Said statutory bonds should be issued by
a Company carrying a current estaR ting of D- or superior, as the
rating of the bond company is a factor that will be considered in
determination the lowest responsible bidder.
11. Power of Attorney
Attorneys -in -fact who sign bid bonds or contract bonds must
file with each bond a certified and effectively dated copy of
their power of attorney.
12. Notice of Special Conditions
Attention is particularly called to those parts of the Contract ^
Documents and specifications which deal with the following:
(a) Inspection and testing of materials.
(b) Insurance requirements.
(c) Wage rates.
13. Laws and Regulations
The bidder's attention is directed to the fact that all
applicable State laws, municipal ordinances and the rules
and regulations of all authorities having jurisdiction over
construction of the project shall apply to the Contract
throughout, and they will be deemed to be included in the ^
Contract the same as though herein written out in full.
14. Obligation of Bidder
At the time of theopeningof bids, each bidder will be
presumed to have inspected the site and to have read and to —
4 -
r
be thoroughly familiar with the plans and Contract Documents
as defined in the General Conditions. The failure or
omission of any bidder to examine any farm, instrument or
document shall in no way relieve any bidder from -any
obligation in respect of his bid.
If Plans and Specifications are too bulky or cumbersome to
be physically bound to the Contract Documents, they are to
be considered incorporated by reference into the aforemen-
tioned Contract Documents.
15. Texas.State Sales Tax
This Contract is issued by an organization which qualifies
for exemption pursuant to the provisions of Article 20.04 of
the Texas Limited Sales, Excise and Use Tax Act.
The Contractor must obtain a limited sales, excise and use
tax permit which shall enable him to buy the materials to be
incorporated into the work without paying the tax at the
�. time of purchase.
16. Materials and Workmanship
The intent of these Contract Documents is that only mate-
rials and workmanship of the best quality and grade will be
furnished. The fact that the specifications may fail to be
sufficiently complete in some detail will not relieve the
Contractor of full responsibility for providing materials of
high quality and"for protecting them adequately until
incorporated into the project. The presence or absence of a
representative of the City on the construction site will not "
relieve the Contractor of full responsibility for complying.
with this provision. The specifications for materials and
methods set forth. in the Contract Documents provide minimum
standards of quality which the Owner believes necessary to
procure a satisfactory project.
17. Protection of the Work
The Contractor shall be responsible for the care, preser-
vation, conservation and protection of all materials,
supplies, machinery, equipment, tools, apparatus, acces-
sories, facilities and all means of construction, and any
and all parts of the work, whether the Contractor has been
paid, partially paid or not paid for such work, until the
date the City issues its certificate of completion to the
- 5 -
7
Contractor. The City reserves the right, after.the bids r-
have been opened and before the Contract has been awarded,
to require of a bidder the following information:
(a) The experience record of the bidder, showing completed _
jobs of a similar 'nature to the one covered by the
proposed Contract and all work in progress, with bond
amounts and percentage of work completed.
(b) A sworn statement of the current financial condition of
the bidder.
(c) An equipment schedule.
18. Protection'of 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 structureswhich might or could be damaged by
Contractor during the construction of the project coniem-
plated by these Contract Documents. The City of Lubbock
agrees that it will furnish Contractor with information as
to the location of all such underground lines and utilities
of which it has knowledge. However, such fact shall not
relieve the Contractor of his responsibilities aforemen-
tioned. All such underground lines or structures cut or
damaged by Contractor during the prosecution of the work
contemplated by this Contract shall be repaired immediately
by the Contractor to the satisfaction of the City of
Lubbock, Texas, at Contractor's expense.,
14. Contractor's Representative
The successful bidder shall be required to have a,respon-
sible local representative available at all times while the
work is in progress under this Contract. The successful
bidder shall be required to furnish the name, address and
telephone number where such local representative may be
reached during the time that the work contemplated by this
Contract is in progress.
6 _
20. Provisions Concerning Escalator Clauses
Proposals submitted containing any conditions which provide
for changes in the stated bid price due to increases in the
cost of materials, labor or other items required for the _
project will be rejected and returned to the bidder without
being considered.
- 7 -
(THIS PAGE LEFT BLANK INTENTIONALLY)
&l
i,
7
t,
r
t.
BID PROPOSAL - BID FOR UNIT PRICE
(THIS PAGE LEFT BLANK INTENTIONALLY)
BID PROPOSAL
BID FOR LUMP SUM CONTRACT
s,
PLACE: LUBBOCK, TEXAS
DATE: JULY 24, 1992
PROJECT NO: 12119
Proposal of LARCON ENTERPRISES
(hereinafter called "Bidder")
To the Honorable Mayor and City Council City of Lubbock, Texas
(hereinafter called "Owner")
Gentlemen:
The Bidder in compliance with your invitation for bids for
Guadalupe Park Lightino
having carefully examined the plans, specifications, instructions
to bidders, notice to bidders and all other related Contract
Documents and the site of the proposed work, and being familiar
with all of the conditions surrounding the construction of the
proposed project including the availability of materials and labor,
hereby proposes to furnish all labor, materials, and supplies; and
to construct the project in accordance with the plans,
specifications and Contract Documents, within the time set forth
therein and at the prices stated below:
MATERIALS: (s
SERVICES: (_ )
TOTAL BID: TWENTY-EIGHT THOUSAND ONE HUNDRED - (f28 , 155.00 )
FIVE AND N01100 -----------------------------
UNIT COST PER LINEAR FEET FOR ROCK EXCAVATION. 3.50 per lineal foot.
MATERIALS: (S /L.Ft.)
SERVICES: (f /L.Ft.)
TOTAL UNIT BID: (S /L.Ft.)
j�
p
k
(Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall
govern.)
The Bidder binds himself on acceptance of his proposal to execute a
Contract and any required bonds, according to the accompanying
forms, for performing and completing the said work within the time
stated and for the prices stated in this proposal.
Bidder hereby agrees to commence the work on the above project on
or before a date to be specified in a written "Notice to Proceed"
of the Owner and to fully complete the project within 60 (SIXTY)
working days thereafter as stipulated in the specifications and
other Contract Documents. Bidder hereby further agrees to pay the
owner as liquidated damages the sum of $100.00 (ONE HUNDRED
DOLLARS) for each working day in excess of the time set forth
hereinabove for completion of this project, all as more fully set
forth in the General Conditions of the contract.
a
Bidder understands that the Owner reserves the right to reject any
or all bids and to waive any formality in the bidding.
Bidder agrees that this bid shall be good and may not be withdrawn
for a period of thirty (30) calendar days after the scheduled
closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site
of the work and has carefully examined the plans, specifications,
and Contract Documents pertaining to the work covered by this bid,
and he further agrees to commence work on or before the date
specified in the written notice to proceed, and to substantially
complete the work on which he has bid; as provided in the Contract
Documents.
Enclosed with this proposal is a Cashier's Check or -Certified Check
for one thousand. four hundred eight and no/100 -------- _____Dollars ($ 1,408.00 ) or a Proposal Bond in the sum
of --_- Dollars ($
agreed shall be collected and retained by the Owner, as it
damages in the event the proposal is accepted by the owneliquidated
andthe
undersigned fails to execute the necessary Contract,Documents and
the required bond (if any) 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.
By
LARCON ENTERPRISES
Contractor
(Seal if Bidder is a Corporation)
ATTEST:
Secretary
PAYMENT POND
(THIS PAGE LEFT BLANK INTENTIONALLY)
110WONDff NG C109
6000 N. LAMAR • SUITE 200 « AUSTIN, TEXAS 76752-4497
Bond #Tx -482315 PAYMENT BOND
STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160 OF THE REVISED
CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, 1959
(McGregor Act — Public Works)
(Penalty of this bond must be 1007o of Contract amount)
KNOW ALL MEN BY THESE PRESENTS:
That, Larcon Enterprises
(hereinafter called the Principal), as Principal, and MERCHANTS BONDING COMPANY (Mutual), a
corporation organized and existing under the laws of the State of Iowa, with its principal office in the City of
Des Moines, (hereinafter called the Surety), as Surety, are held and firmly bound unto
City of Lubbock
(hereinafter called the Obligee) in the amount of Twenty Nine Thousand Dollars and no/100------
Dollars ($ 29, non _ no_), 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
day of , 19 , to- Guadalupe Strip Park Lighting Project„ Bid #12119
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 56th Legislature, 1959, and all liabilities on this
bond to all such claimants 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
17thay of_ September y 19--9?
Witness:
Attest:
11
r
(If Individual or Firm)
(If Corporation)
By.
Larcon Enterprises (Seal)
(Seal)
Principal
(Seal)
(Seal)
BONDING COMPANY (Mutual)
Surety
. '--�-w 1 _.
P"
1444TS CUU&)ANUU,!,j
DES MOINES, IOWA
POWER OF ATTOPNEY
All Mr [3 Prel-Its, that the MERCHANTS BU41DING COMPANY fl1.1L;tuaj), a corporj�ti--.ii the la-;%,,
!:)t 1: I. Slate of its principal office In 11ho City (" Des Moin"s, (";Jul�ly of Polk, S!Zjje of Ium' �:t;tuloa and
I
:,-c.son,s wake, constitute and a;,;)oin;
J. Story, RObcft D G'3ve- W. 'ATtmr% i Philli, E tvIorqotle'
Audrey ';'Jlharis, Paul ;jjj)j_,,urj, l0iji
and State of T caa its true and Wiful fel; nuttier
ranle, place and stead, to Sign oxecute -cknowlodge arid de;iv4'f itl it-; -fll
Any ;oid ail
nr— to hind lh(� fS COMPA,'.,'Y (Mutual) Itiereby :-,i tuliy arji,i is Lte !;,ime I.xuaw as if sjci; ,�r
y theo+ Pie MERCHANTS BONDING Ci-WiDi%NY
"L. 6rily hwri:;! rPvx !ie jy iat!fk ,, and c.;, if,rini:)c,
Pow-:ir-of,itormy mado and executed I)Ursuam to and by authority of !hi, fclioAing By-Lak-,,!; :idrpted t;. tjojjtd 'DifectoI3 'J
I k
C,r)ii,,FIANY (Mutual).
,iiTI 1'.tChairmari of thea Board or Presidurit or any vlt-uPius'dentyr
!o appoin,' ,'.11 a, � I. and to authorize them to execute on behalf of the Company, and at,%(j, ihI,,-
r" '--)nitis ar Sys i-,cognizances, contracts of indemnify and other wtWi-ti—, oblir
qnlory it ,h
ARTiCLE The signature of any authorized officer and lh:-] S_al Of the Gonip.i:iy r.:,Iy
any Powr:f-of-/ti of C'erwication thereof authorizing the execution and delivery of any bond, unjef:akii')"i, or other,;uretyship-
ns of the Company, arid such signature and seat when so used shall have the same:fo'rr:-r and offe^Z as though
manually f:xed
Witness Where!,fBONDING COMPANY (Mutual) has caused these presents to be signe,; 6v :IF, Vice fl:eswent at).-
V!ce iand corporate seal to be hereto affixed, this 161 day of Jdnu:ii%y A, r) . 1992
MERCHANTS
By
�STArE OF 10
COUNTY OF POL.t'
C): - this
d ay of lanuary 1992 Lefc;re "it? M j. Long and
I-wo;Ipy Bliss W 1.!-iovvn, who being b5,, me duly sworn did say that they are Vice President and President
Of !ht.`,Er JT; C3r.;NDING COMPANY 11`,Autuai), the corporation doicribed in the foregoing inS!rOrent, Z -Me !hat the Seal
affixed to We sa�,J inf',trument is Me Corporate Seal of the said Corporation and that the said instrument wa: sign. . and woad )d in behalf
of -,-aid Corporwr%fl r.y autni.)rity its Board of Directors.
1!; Testimoqy Whi'�ttol ; 11.%Ve hon unto set my hand and affixed my Official Seal, at the City of Des Moines, iov;t� the day ;r::d year first
above wrill-n.
pow
Fit
IOWA m
STATE OF 101,'dA
, "Ol-INTY OF I -OLK Its
I
raphes
8-4-92
I J. Long, President of the MERCHANTS BONDING CONIP1,t, (Mutual), do hereby ceilify lh<tt th,-, above and
4:1r'rcj,�ngisintirit -1d correct copy of!ho POWER OF ATTORNEY, exectit,.,d by said MERCHAN-,rS 9ONDiNG CONIPANY
tvtui,t, If, vithich s .Wl in force and effect.
fi Witness W1113(f-K4. I have set my hand and affixed the sr - d of the Cornpj;:Y, at \1W. C04"..
V ... ... 1A
till; 17th 0i o I September, 92• 0 - .5"
±7
Th :,f,"Ner Of 211�?'!
P"
i'.
7 ,
j PERFORMANCE BOND
r
(THIS PAGE LEFT BLANK INTENTIONALLY)
�i�s ect�at�,
]MONIN NG V.400
6000 N. LAMAR • SUITE 200 • AUSTIN, TEXAS 78752.4497
Bond #TX -48231 s PERFORMANCE BOND
6'
k
STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160 OF THE REVISED
CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, 1959
(McGregor Act — Public Works)
I PM (Penalty'of this bond must be 1009v' of Contract amount)
KNOW ALL MEN BY THESE PRESENTS:
That, Larcon Enterprises
(hereinafter called the Principal), as Principal, -and MERCHANTS BONDING COMPANY (Mutual), a
P" corporation organized and existing under the laws of the State of Iowa, with its principal office in the City of
{ Des Moines, (hereinafter called the Surety), as Surety, are held and firmly bound unto
City of Lubbock
(hereinafter called the Obligee) in the amount of Twenty Nine Thousand Dollars and no/100-----
Dollars ($ 29-000-00), 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
day of , 19_,y tp_ Guadalupe Strip Park Lighting Project, Bid #12119
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, 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.
r IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this
17thday of September � 19 92
r
Witness: Larcon Enter rises
(Seal)
Attest: (H Individual or Firm). (Seal)
(Seal)
i" (If Corporation) (Seal)
Principal
MEC BONDING COMPANY (Mutual)
Sure ..
r- By g
IT .ams, Attorney- - actor)
ERCHANTS OND11lillil COLIPA y Mutual
DES MOINES, IOWA
""' Q Egli .0f ATTORNE
Know Ail Men By These Pres�ts
ts', khat the MER011AN, Ti BONDING COMPANY (Mutu81), a edtrppration duly organized under the laws
of the State of Iowa, and having ;principal office in the Clty of De"s Moines, County of Polk, StalO of Iowa, hath made, constituted and
P' appointed', and does by these' presents make, coflstituie and appoint
C. W 'Story, Robert b. Cale, Terry W. Williams, Philip E Morgettr, Jr,,'
Audrey Williams, Paul B. Robinson, and 'Zelda fyi, Miffs
�+* of Austin and State of 'Texas its true' and lawful;Attorney-in-Fact, with full power
^ and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety:
Any and all bonds
POOR
and to bind the MERCHANTS BONDING COMPANY (Mutual) thereby as fully and to the same extent as it such bond or undertaking was
signed by the duly authorized officers of'the MERCHANTS SONDINGCOMPANY (Mutual), and all the acts of said Attorney, pursuant to the
authority herein given, are hereby ratified and confirmed.
'.. This Powar-of-Attorney is made and executed pursuant to amd'by authority of the following By -Laws adopted by the Board of Directors of
the Pi HANTS BONDING COMPANY (Mutual).
ARTICLE 2, SECTION 6A —The Chairman of the Board or Or or any Vice President or Secretary shall have power and authority
to appoint Atte.-nays-in-Fact, and to authorize them to exedute on behalf of the Company, and a)tach'the seal of the Company thereto,
nom• bo cls and undertakings recognizanoes; contracts of fridemnity and other writings oplfgatojy in the nature thereof.
ARI ICLE 2, SECTION 6B 'The signature of any,'authcgtlzed officer and the Seal'of the Company may be affixed by facsimile to
any Power -of -Attorney or Certification thereof auingri�ing the execution and delivery of any bond, undertaking, recognizance, or other
suretyship obligations of the Company and 'such signa)ure'and seal when so :shall �iav the same force and effect as though
p,.
manually fixed. i; s
In Witness Whereof, MERCHANTS, ONQ!NG COMPi ky (Mutual) has caused these preierit's tc� be signed by its Vice President and
Executive ice President, and its cQrppral seal to be he�8to affixed, this 1st day of January A. D., 1992
Attest ����, �� I• �� r
w••+ MERCHANTS BONDING COMPANY (Mutual)
jl a j i a .: �. • Gi • CO
_ lilt � � ii i ,� i,, lv I .•• ��•
pVkP0
!1 2
By .
• Q.
Vice President . y xrcrro,c3e Presid l �•
STATE OF IOWA
COUNTY OF PCt..K c 6�, .. .. A
On this 1st I day of Ianuary 1992 .I before me appeared M.J. Long and
Rodney Bliss III, to me personally known, who being by me duly sworn did say that they are Vice President and Executive Vice President
respectively of the MERCHANTS BONDING COMPANY (Mutual)R,the corporation described in the foregoing instrument, and that the Seal
r" affixed to the said instrument is the Corporate Seal of th9lsaid Corporation and that the said instrument was signed and sealed in behalf
of said Corporation by authority of its hoard of iDirectors.
In Testimony Whereof, I have hereunto set my: hand and Af fixed my Official Seal, at the City of Des Moines, Iowa the da and year first
POP,above written. Y Y
• .• r �
•G.B
1 �� Notary Public. Poik County lows
• • G1 My Commission Exp res
• . n�
IOWA STATEF IOWA!!!
OWA' !',' 8-4-92
r...
Z v COUNTY OF POI»f{ •s ;,
.• RIAS-
•• j -
•.. • • • •, t • I, M.J. Long, Vice �'residgnt of the MERG?HiNi'S BONDING COMPANY (rtiutiiAD do hereby certify that the above and
foregoing is a true and t:orteGt opt of the POwl, OF ATTORNEY, executed bey S id MERCHANTS BONDING COMPANY
•r (Mutual), which is sd ill in force and effect lis I
In Witness Whereof, I have hereunta�sa my and ajnd al�ixeq thb!seal of the Company, a� I �1iG CO •
•
this 17ti}t day of $epEIItbeir ! ! ;192 .oXQ . PO �A
f i � oR 99. qy
r _ _o R+• .
d. •
This poweruntil revoke33
,of attorney expires i I ; i • y'. •
b
PON 0
..��y • `gid .
i'
CERTIFICATE OF INSURANCE
E
t,
t,
.4 i'
(THIS PAGE LEFT BLANK INTENTIONALLY)
,
------•---------------------------------------------------------------------------------------------------------------
AATE: 09/27/92
'
PRODUCER
1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS 1
'
David Tate Insurance Agency
1 NO RIGHT UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, 1
(. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW '
5233 79th
Lubbock, TX 79424
�_
COMPANIES AFFORDING COVERAGE
1
(806) 794-1171i
--------------------------------------------------�
COMPANY-- A---- POTOMAC
,
1 LETTER '
'_ ------------------------------------------------
'--------------------------------------------------------
11 COMPANY B -----------------
INSURED
,
( LETTER-------------------------------------------------------------------------
1
LARCON ENTERPRISES
COMPANY C
1
LARRY ANDERSON
; LETTER ;
�^
1
!
3609 57TH
Lubbock, TI 79413
'
1 COMPANY D
f
1 LETTER 1
!
1-------------------------------------------------------------------------1
1 COMPANY E
.•LETTER
'----- COVERAGES -- --- 1 --------•---- ,
1 THIS IS TO CERTIFY THAT LISTED BELOWHAVETO
IANYSREQUIREMENT CE
1
OFEANYSSUED IOD
INDICATED. NOTWITHSTANDING TERM OR CONTRACTTHE OR OTHER DOCUMENTAWITH VE RE RESPECT TOR THE yICY W CH THIS 1
CERTIFICATE MAY BE
1
ISSUED OR MAY PERTAIN Th INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, !
EXCLUSIONS, AND CONDITIONS OF SUCH POLICES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY
PAID CLAIMS
1'--------------------------------------------------------------POLICY--i--POLICY--;--------------------------------------------
,,.
1 !EFFECTIVE !EXPIRATION!
'LTR! TYPE OF INSURANCE 1 POLICY NUMBER 1 DATE 1 DATE 1 ALL LIMITS IN THOUSANDS f
---1-------------------------------------'
1 1 GENERAL LIABILITY 1
1
A 1 [X] COMMERCIAL GENERAL LIABILITY 1 TPP0915208
1 1 1 GENERAL AGGREGATE S 600 1
1 11/01/91 1 11/01/92 1 PRODUCTS -COMP OPS AGGREGATE $ 600 1
1
! [] E I CLAIMS MADE. [I] OCCURRENCE 1
1 1 1 PERSONAL I ADVERTISING INJURY S 300 !
OWNER'S & CONTRACTORS PROTECTIVE
; ; ; EACH OCCURRENCE S 300 1
1
!
1 [ I
1 [ ]
! 1 1 FIRE DAMAGE (ANY ONE FIRE) S 50 !
_-----
-----------�--------------
1 1 to MEDICAL EXPENSE(ANY ONE PERSON)$ 5 1
------i------------------------------------------�
AUTOMOBILE LIABILITY
'----------f----------
1
1
!
1
1
A 1 [ I ANY AUTO ba0111474
1 [X] ALL OWNED AUTOS 1
1 11/01/91 1 11/01/92 - CSL ------------o 5------ 500--- i
!
1 [XI SCHEDULED AUTOS 1
1 1 1 BODILY INJURY 1 ;
1 1 1 (PER PERSON) 1 $'
'
!
! [I] HIRED AUTOS
[I] NON -OWNED AUTOS 1
- -'-------------;
1 [ ] GARAGE LIABILITY !
! 1 1 BODILY INJURY 1 ! 1
1 1 1 (PER ACCIDENT) 1 5
[ ] 1
1,
;
! ! 1----------------1--------------1 1
7
1 PROPERTY 1 1 1
' ' DAMAGE $ ,
;----AGGREGATE ---i
---! EXCESS LIABILITY---------------------------------------------------------------------EACH
1
! E ] UMBRELLA FORM
OCCURRENCE
1_ ,
1
! [ I OTHER THAN UMBRELLA
; S $
_ ,_
1 1
A l WORKERS' COMPENSATION i NCO09398100
AND
1 1 1 STATUTORY 1 '
1 12/01/91 1 12/01/92 1-----------------------^=-------------------!
1
I EMPLOYERS' LIABILITY �
11 11 S 500 (EACH ACCIDENT) 1
S 500 (DISEASE -POLICY LIMIT) 1
'' ` $ 500 (DISEASE -EACH EMPLOYEE)!
---'-------------------------------------'---------------------1----------l----------1----------------
1 1 OTHER.
;
1
1
1 1 !
1
!
..,
! 1 1 1
'------ '
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
1
,
1
,
-- -- - - -- - ----------------= ----------------
CERTIFICATE HOLDER __________________________________ -- CANCELLATION ----------- - - _�
1
CITY OF LUBBOCK
1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE El -
�..,
BOX 2@00 ROOM 106
1 PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 1
10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 1
.
i
1
LUBBOCK, TEXAS 79452
1 LEFT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 1
1 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. 1
1 AUTHORIZ REPRESENTATIVE 1
f-------------------------------------------------------------
��j�'
----------j:+Gc.L1L1------------------------------
HUD CERTIFICATIONS
SECTION 3/STATEMENT OF WORK FORCE NEEDS
(IN EXCESS OF $10,000)
(THIS PAGE LEFT BLANK INTENTIONALLY) _
r
U.S. Department of Housing
Supplement to the and Urban Development O
Public and
General Conditions of the Indian Housing
Contract for Construction
Arllcle 1 •• Labor Standards
Applicability
nd
The Project or Program to which the construction work covered
by this contract pertains is being assisted by the United States
Of America and the following Federal Labor Standards Provisions
Oft Included in this Contract or related instrument pursuant to
the provisions applicable to such Federal assistance.
A. 1. (h Minimum Wages. 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 uncon-
ditonally 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 (29 CFR 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 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(bx2) of the Davis -
Bacon Acton behalf of laborers or mechanics are considered
wages paid to such laborers Or mechanics, subject to the provi-
sions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or
costs Incurred for more than a weekly period (but not less often
than quarterly) under plans, funds, or programs, which cover the
particular weekly period, are deemed to be constructively made
or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate
wage rate and fringe benefits on the wage determination for the
classification of work actually performed, without regard to skill,
except as provided in 29 CFR Part 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 records accurately set forth the time spent in each
classification in which work is performed. The wage determina.
tion (including any additional classification and wage rates con•
formed under 29 CFR Part 5.5(axl)(ii) and the Davis -Bacon poster
(WH -1321) shall be posted at all times by the contractor and its
subcontractors at the site of the work in a prominent and ac-
cessible place where It can be easily seen by the workers.
(tlxa) Any cess of laborers or mechanics which is not
listed In the wagedeternination and which is to be employed
under the contract shall be classified in conformance with the
wage determination. HUD shall approve an additional classifica•
tion and wage rate and fringe benefits therefore only when the
following criteria have been met:
(1) The work to be performed by the classification
requested is not performed by a classification in the wage deter-
mination; and
(2) The classification is utilized in the area by the
construction industry; and
itThe roarsed D any
ana fide
fringe benefits. bearseasonaa relationship te rate. o wgerates
contained lin the wage determination.
f the contractor and the
be employedlIn the classification (if known), or theiorers and r epes+en•cs to
tatives, and HUD or its designee agree on the classification and
wage rate (including the amount designated for fringe benefits
where appropriate), a report of the action taken shall be sent by
HUD or Its designee to the Administrator of the Wage and Hour
Division, Employment Standards Administration, U.S. Department
Of Labor, Washington. D.C. 20210. The Administrator, or an
authorized representative, will approve. modify. or disapprove
every additional classification action within 30 days of receipt
a so advise HUD or its designee or will notify HUD or its
designee within the 30 -day period that additional time is
necesssary. (Approved by the Office of Management and Budget
under OMB Control Number 1215.0140.)
(c) In the event the contractor, the laborers or mechanics
to be employed in the classification or their representatives, and
HUD or Its designee do not agree on the proposed classification
and wage rate (including the amount designated for fringe benefits.
where appropriate), HUD or Its designee shall refer the questions,
including the views of all interested parties and the recommenda.
tion of HUD or its designee, to the Administrator for determination.
The Administrator, or an authorized representative, will issue a
determination within 30 days of receipt and so advise HUD or its
desl,;nee or will notify HUD or its designee within the 30 -day period
that additional time is necessary. (Approved by the Office of
Management and Budget under OMB Control Number 1215-0140.)
(d) The wage rate (including fringe benefits where ap-
propriate) determined pursuant to subparagraphs A.1.(11)(b) or (c) of
this paragraph, shall be paid to all workers performing work in the
classification under this contract from the first day on which work
Is performed in 4he classification.
pll) Whenever the minimum wage rate prescribed in the eon.
tract 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.
(lv) 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 applicable stan-
dards of the Davis -Bacon Act have been met. The Secretary of
Labor may require the contractor to set aside in a separate account
assets for the meeting of obligations under the plan or program.
(Approved by the Office of Management and Budget under OMB
Control Number 1215-0140.)
L Withholding. HUD or its designee shall upon Its own action
or upon written request of an authorized representative of the _
Department of Labor withhold or cause to be withheld from the
contractor under this contract or any other Federal contract with
the same prime contractor, or any other Federally -assisted contract
subject to Davis -Bacon prevailing wage requirements, which is held
by the same prime contractor so much of the accrued payments or
advances as may be considered necessary to pay laborers and
mechanics, including apprentices, trainees and helpers, employed
by the contractor or any subcontractor the full amount of wages re-
quired by the contract. In the event of failure to pay any taborer or
mechanic, Intcuding any apprentice, trainee or helper, employed or
working on the site of the wort; (or under the United States Housing
Act of 1937 or under the Housing Act of 1949 in the construction or
development of the project), all or part of the wages required by th-t
contract, HUD or Its designee may, after written notice to the con-
tractor, sponsor. applicant, or owner, take such action as may be
necessary to cause the suspension of any further payment, ad.
vance, or guarantee of funds until such violations have ceased.
HUD or its designee may, after written notice to the contractor.
disburse such amounts withheld for and on account of the contrac-
tor or subcontractor to the respective employees to whom they are
due. The Comptroller General shall make such disbursements in the
case of direct Davis -Bacon Act contracts.
3. (1) Payrolls and bask records. Payrolls and basic records
relating thereto shall be maintained by the contractor during the
course of the work and preserved for It 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
HUO_52554 (1.87)
-- - .__........ _. �....._.�...._ .... _ .... -• Pape 4 of 4 Pages
4
.
qualified applicants will receive consideration for employment
struction work: Provided, that If the applicant so participating Is a '
without regard to race, color, relipran, sex, or national origin.
' State or Iota! government, the above equal opportunity clause it
C. The Contractor will send to each labor union or represen. 11not applicable to any agency, Instrumentality or subdivision of such
tative of workers with which it has a collective bargaining agree
- government which does not participate in work on or under the r; -
ment or other contract or understanding a notice to be provided
contract. r,+::: :: �, -ts� = 1• •.u.r
advising the said labor union or workers representatives of the
L The applicant agrees that It will assist and cooperate actively
Contractor's commitments hereunder, and shall post copies of
with the administering agency and the Secretary of Labor in obtain- "
the notice in conspicuous places available to employees and ap-
Ing the compliance of contractors and subcontractors with the
plicants for employment. _.
.. equal opportunity clause and the rules, regulations. and relevant.
D. The Contractor will comply with all provisions of Executive
" orders of the Secretary of Labor, that it will furnish the administer.'-
dminister•'-Order
Order11246 of September 24, 1965 and of the rules, regulations,
Ing agency and the Secretary of Labor such Information as they
and relevant orders of the Secretary of Labor.
may require for the supervision of such compliance, and that it will '
E The Contractor will furnish all information and reports re•�,..
. otherwise assist the administering agency in the discharge of the ' Y'
�,•t;.
quired by Executive Order 11246 of September 24, 1965, and by
r . agency's primary responsibility for securing compliance.
rule3, regulations, and orders of the Secretary of Labor. or pur•
J- The applicant further agrees that it will refrain from entering in-'
suant thereto. and will permit access to Its books, records, and
to any contract or contract modification subject to Executive Order
accounts by the Secretary of Labor for purposes of investigation
11246 of September 24, 1965, with a contractor debarred from. or �
to ascertain compliance with such rules, regulations, and orders.
who has not demonstrated eligibility for, Government contracts and
F. In the event of the Contractors noncompliance with the :, } federally assisted construction contracts pursuant to the Executive
m
nondiscrimination clauses of this contract with any of the order and will carry out such sanctions and penalties for violation.. 4;J:
r` '
of the equal opportunity clause as may be imposed upon contrac- i:.i;
said rules, regulations, or orders, this contract may be canceled,
tors and subcontractors by the administering agency or the
terminated, or suspended in whole or in part and the Contractor
�RSecretary of Labor pursuant to Part Il, Subpart D of the Executive
may be declared Ineligible for further government contracts or
order. In addition, the applicant agrees that If it fails or refuses to
federally assisted construction contracts in accordance with pro-
comply with these undertakings, the administering agency may take
eedures authorized in Executive Order 11246 of September 24,
•,
any or all of the following actions: Cancel, terminate, or suspend in
1965. and such other sanctions may be imposed and remedies
• ' ' whole or in part this grant (contract, loan, insurance, guarantee); •..
Invoked as provided in Executive Order 11246 of September 24,
refrain from extending any further assistance to the applicant under
1965, or by rule, regulations or order of the Secretary of Labor,
the program with respect to which the failure or refund occurred
or as otherwise provided by law. �" • •
until satisfactory assurance of future compliance has been received
G. The Contractor will Include the portion of the sentence Im-
from such applicant; and refer the case to the Department of
~
mediately preceding paragraph A and the provisions of
Justice for appropriate legal proceedings. - _ - =� t z'=`j •'
paragraphs A through G in every subcontract or purchase order
�. • ' "'°'_`'� `'' ' �s ''�' '
unless exempted by rules, regulations, or orders of the Secretary
,
of Labor Issued pursuant to Section 204 of Executive Order
Article 3 - Equal Opportunity for Businesses and Lower income Per -
11246 of September 24, 1965, to that such provisions will be
sons Located Within the Project Arca
binding upon each subcontractor or vendor. The Contractor will
Aske such action with respect to any subcontract or purchase
, A. The work to be performed under this contract is on a project
order as the Secretary of housing and Urban Development or the
assisted under a program providing direct Federal financial �' •':.'
• Secretary of Labor may direct as a means of enforcing such pro•
assistance from the Department of Housing and Urban Develop• ir..--
visions, including sanctions for noncompliance. Provided,
, i. ment and is subject to the requirements of Section 3 of the Hous -
however, that In the event the Contractor becomes involved In,
Ing and Urban Development Act of 1968, as amended, 12 U.S.C. ~•
or is threatened with, dtigation with a subcontractor or vendor as
1701u. Section 3 requires that to the greatest extent feasible oppor-
a result of such direction by the Secretary of Housing and Urban
tunities for training and employment be given lower Income
Development or the Secretary of Labor, the Contractor may re-
residents of the unit of local government or the metropolitan area ~�-^
quest the United States to enter Into such litigation to protect
(or nonmetropotitan county) as determined by the Secretary of _r.
the interests of the United States. :" . -• .::...
_ Housing and Urban Development in which the project is located
H. The applicant further agrees that it will be bound by the
and contracts for work In connection with the project be awarded to
above equal opportunity clause with respect to its own employ
business concerns which are located in, or owned in substantial
, .•^
part
_ ment practices when it participates In federaly assisted con- ._art by persons residingin the same metropolitan area or
p
IC
countas the project. ' ' " •� tom.?
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-- - .__........ _. �....._.�...._ .... _ .... -• Pape 4 of 4 Pages
•
CONTRACTOR INFORMATION
TO: City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
DATE:_ 09/15/92
PROJECT NUMBER
CDWO: 3113-591103-0001
PROJECT NAME:GUADALUPE
STRIP PARK LIGHTING
1. The undersigned, having submitted a bid to the City of.
Lubbock for the construction of the above identified
project, certifies that:
(a) The legal name and business address (including zip
code) of the undersigned is: LARCON ENTERPRISES
3609 57TH STREET LUBBOCK, TEXAS 79413
2. The undersigned is:
(a) X A single proprietorship (list sole owner)
LARRY W. ANDERSON OWNER
(b) A partnership (list all partners)
3.
(c) A corporation (names of all principals and their
titles)
President:
Vice -President:
Secretary -Treasurer:
The Taxpayer Identification Number for the undersigned is
(whichever is applicable):
(a) Employer Identification Number (Federal Identification
Number):
75-1581691
(b) Social Secu'ri'ty Number:
4. If awarded the bid for the aforementioned project, the
undersigned agrees to forward to the City of Lubbock within'.
ten days after the execution of any subcontractor(s) a list
of all subcontractors who will be employed.on said project.
This list will consist of the subcontractor's legal name and
business address.
LARCON ENTERPRISES
Contractor
Date 09/15/92
LAR Y ANDERSON, OWNER
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CONTRACT
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(THIS PAGE LEFT BLANK INTENTIONALLY) -'
i
I
CONTRACT
THE STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this- 10th day of Sep ember
992 by and between the City of Lubbock, County of Lubbock, State of�
Texas, acting by and through David R. Langston, Mayor, and .thereunto
authorized to do so, hereinafter referred to as OWNER, and Larcon
Enterprises of the City of 1jubbock, County of lghh—oct, and State of
Texas, hereinafter referred to as CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by the OWNER
and under the conditions expressed in the bond bearing even date
herewith (if any), the CONTRACTOR hereby agrees with the OWNER to
commence and complete the construction of certain improvements described
as follows:
Bid # 12119 - GUADALUPE STRIP PARK LIGHTING PROJECT IN THE AMOUNT OF
$28,155.00.
and all extra work in connection herewith, under the terms as stated in
the Contract Documents and at his (or their) own proper cost and expense
to furnish all materials, supplies, machinery, equipment,
ment tools
superintendence, labor, insurance and other accessoriesand services
necessary to complete tie said construction in accordance with the
Contract Documents, as defined in the General Conditions of the
Agreement.
The CONTRACTOR hereby agrees to commence work within ten (10) days
after the date written notice to do so shall have been given to him and
to substantially complete same within the time specified in the Contract
Documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the
performance of the Contract in accordance with the proposal submitted
therefor, subject to additions and deductions, as provided in the
Contract Documents, and to make payment on account thereof as provided
therein.
r
�II
IN WITNESS WHEREOF, the part' o ese presents have executed
this contract in five (5) counterp rts, each whic7_K,
deemed an
original, in the year and day firs above a oned.
I Y OF AS
(If
T:v
i Secretary
APP VED A TO ON NT:
l
-PRO ED AS TO ORM:
CONT TOR Q C NTU PR 1 5 6
R N00.50N
TITLE:
ZWNER
COMPLETE ADDRESS: LARCON ENTERPRISES
3609 -57th Street
Lubbock, Texas 79413,
ATTEST:
Secretary
GENERAL CONDITIONS OF THE AGREEMENT
(THIS PAGE LEFT BLANK INTENTIONALLY)
r
t
INDEX TO GENERAL CONDITIONS
I.
Owner
2.
Contractor
3.
Owner's Representative and Architect or Consulting Engineer
n
4.
Contract Documents
5.
Interpretation of Specifications or Drawings
6.
Subcontractor
7.
Assignment
S.
Written Notice
9.
Work
10.
Substantially Completed
11.
Layout of Work
12.
Keeping of Plans and Specifications Accessible
13.
Right of Entry and Inspection
14.
Lines and Grades
r-
15.
Architect's Authority and Duty
c
16.
Superintendence and Inspections
17.
Contractor's Duty and Superintendence
18.
Contractor's Understanding
of
19.
Character of Workmen
20.
Construction Plant
21.
Sanitation
G
22.
Observation and Testing
23.
Defects and Their Remedies
L
G
24.
Changes and Alterations
25.
Extra Work
t
26. Discrepancies and Omissions
27. Right of Owner to Modify Methods and Equipment
28. Protection Against Accident to Employees and the -Public
29. Contractor's Insurance: Scope of Insurance and Special
Hazards
30. Protection Against Claims of Subcontractors, Laborers,
Materialmen and Furnishers of Machinery, Equipment and
Supplies
31. Protection Against Royalties or Patent Invention
32. Laws and Ordinances
33. Time for Completion and Liquidated.Demages
34. Time and Order of Completion
35. Extension of Time --
36. Hindrance and Delays
37. Quantities and Measurements
38. Protection of Adjoining Property
39. Price for Work
40. Construction Schedule & Periodic Estimates
41. Payments to Contractor
42. Payrolls and Basic Payroll Records of Contractor and
Subcontractor
43. Minimum Wages
44. Posting Wage Determination Decisions and Authorized Wage
Deductions
45. Employment of Laborers or Mechanics Not Listed in Aforesaid
Wage Determination. Decisions
46. Specific Coverage of Certain Types of Work by Employees
47. Underpayments of Wages or Salaries --
48. Anticipated Costs of Fringe Benefits
49. Fringe Benefits not Expressed as Hourly Wage Rates
f
r
50. Overtime Compensation Required by Contract Work Hours and
Safety Standards Act (76 Stat. 357-360: Title 40 U.S.C.,
Sections 327-332)
S1• Employment of Apprentices/Trainees
52. Employment of Certain Persons Prohibited
53. Regulations Pursuant to So -Called "Anti -Kickback Act"
54. Complaints, Proceedings or Testimony by Employees
55. Claims and Disputes Pertaining to Wage Rates
56. questions Co
ncerning Certain Federal Statutes and Regu-
lations
57.
Final Completion and Acceptance
58.
Final Payment
Y t
t
59.
Correction of Work Before Final Payment for Work
60.
Correction of Work After Final Payment
61.
Payment Withheld
62.
Delayed Payment _
63.
Time of Filing Claims
64.
Arbitration _
65.
Abandonment by Contractor
66.
Abandonment by Owner
67.
Losses from Natural Causes
68.
Independent Contractor
ontractor
69.
Cleaning Up
70.
Contractor's Right to Terminate
71.
Right of the Owner to Terminate Contract
j�
72.
Breach of Foregoing Federal Labor Standards Provisions
73.
Interest or Member of or Delegate to Congress
r
74.
Other Prohibited Interests
iC
_
75. Special Equal Opportunity Provisions
76. Certification of-Compliance with Air and Water Acts
77. Special Conditions Pertaining to Hazards Safety Standards
and Accident Prevention
78. Nondiscrimination against the handicapped (Sec. 504)
w
GENERAL CONDITIONS OF THEG REEMF..'
NT
1. OWNER
Whenever the word "Owner", or the expression "Party of the
First Part", or First Party", are used in this Contract, they
shall be understood as referring to the City of Lubbock, Texas.
2. CONTRACTOR ,
Whenever the word "Contractor", or the expression "Party of
the Second Part", or "Second Party", are used, they shall be
understood to mean the person, persons, co -partnership or
corporation, to wit:LARCON ENTERPRISES who has agreed to perform
the work embraced in this Contract, or to his or their legal
representative.
3. OWNER'S REPRESENTATIVE AND ARCHITECT OR CONSULTING ENGINEER
a. Whenever the term Owner's Representative is used in
this Contract, it shall be understood as referring to Carlos
Viail, Park Development Supervisor, of the City of Lubbock, or to
such other representative, supervisor or inspector as may be
authorized by said Owner to act as Owner's Representative under
this Agreement. Owner's Representative may designate
engineerings, supervisors or inspectors wh will act for Owner
under the direction of Owner's Representative, but such
engineers, supervisors or inspectors shall not directly supervise
the Contractor or men acting in behalf of the Contractor. The
Owner's Representative shall have authority to approve change
orders involving a decrease or increase in cost of Five Thousand
($5,000.00) Dollars or less.
b. Owner has designated Carlos Vigil, Park Development
Supervisor, to perform the duties of Architect or Consulting
Engineer on the project to be constructed pursuant to this
Contract. The Architect or Consulting Engineer, will administer
this Contract during construction and until final payment is due
or until the Owner's Representative terminates, modifies or
limits the duties which are the responsibility of the Architect
as hereinafter set forth, in which case the Owner's
Representative or his appointed agent shall perform any duties so
terminated, limited or modified. The word "_Architect" when used
in this agreement shall mean either Architect or Consulting
Engineer.
4. CONTRACT DOCUMENTS
The Contract's Documents shall consist of the Notice to
Bidders, Information for Bidders, Bid Proposal, Singed Agreement,
Statutory Bonds (if required), General Conditions of the Agree-
I I.
i
ment, Exhibits, A and B to the General Conditions, Special
Conditions of the Agreement (if any), Specifications, Drawings,
Insurance Certificate and all other documents made available to
Bidder for his inspection in accordance with the Notice to
Bidders, as well as all Addenda issued prior to the execution of
the Signed Agreement, and all Modifications, such as Change
Orders, written interpretations and written orders for minor
changes in the work which are issued by the Architect as
hereinafter authorized. The intent of the Contract Documents is
to include all items necessary for the proper execution and
completion of the work. The Contract Documents are
complementary, and what is required by any one shall be as
binding as if required by all. Work not covered in the Contract
Documents will not be required unless it is consistent therewith
and reasonably inferable therefrom as being necessary to produce
the intended results.
In the event Special Conditions are contained herein as part
of the Contract Documents and said Special Conditions conflict
with any ;of the General Conditions contained in this Contract,
then in such event the Special Conditions shall control.
The Contract Documents shall not be construed to create any
contractual relationship of any kind between the Architect and
the Contractor.
5. INTERPRETATION OF SPECIFICATIONS OR DRAWINGS
Whenever in the Specifications or Drawings accompanying this
Agreement the terms of description of various qualities relative
to finish, workmanship or other qualities of similar kind which
cannot, from their nature, be specifically and clearly described
and specified, but are necessarily described in general terms,
the fulfillment of which must depend on individual judgment,
then, in all such cases, any question of the fulfillment of said
Specifications or Drawings shall be decided by the Architect, and
said work shall be done in accordance with his interpretations of
the meaning of the words, terms or clauses defining the character
of the work.
6. SUBCONTRACTOR
A subcontractor is a person or entity who has a direct
contract with the Contractor to perform any of the work at the
site.
The Contractor may utilize the services of specialty
subcontractors on those parts of the work which, under normal
contracting practices, are performed by specialty subcontractors.
The Contractor shall not award any work to any subcontractor
without prior written approval of the Owner's. Representative,
which approval will not be given until the Contractor submits to
2
y
the Owner a written statement concerning the proposed award to
the subcontractor, which statement'shall contain such information
as the Owner may require.
The Contractor shall be as fully responsible to the Owner
for the acts and omissions of his subcontractors, and of persons _
either directly or indirectly employed by them, as he is for the
acts and omissions of persons directly employed by him.
The Contractor shall cause appropriate provisions to be
inserted in all subcontracts relative to the work to bind
subcontractors to the Contractor by the terms of the General
Conditions and other Contract Documents insofar as applicable to
the work of the subcontractors and to give the Contractor the
same power to terminate any subcontract that the Owner may
exercise over the Contractor under any provision of the Contract
Documents.
Nothing contained in this Contract shall create any con-
tractual relation between any subcontractor and the Owner or the
Architect, and said subcontractor will look exclusively to the
Contractor for any payments due subcontractor.
7. ASSIGNMENT
The Contractor agrees that he will retain personal control
and will give his personal attention to the fulfillment of this
Contract. The Contractor further agrees that assignment of any -
portion or feature of the work or materials required in the
performance of this contract shall not relieve him from his full
obligations to the Owner, as provided by this Contractual
Agreement.
8. WRITTEN NOTICE
r Written notice shall be deemed to have been duly served if
delivered in person to -the individual or to a member of the firm
or to an officer of the corporation for whom it is intended, or
if delivered at or sent certified mail to the last business
address known to him who gives the notice.'
All directions, instructions or notices required or autho-
rized to be given under these Contract Documents from the Owner,
Owner's Representative or Architect to the Contractor shall be in
writing.
PM
9. WORK
The work comprises the completed construction required by
tl the Contract Documents and includes all labor necessary to
produce such construction, and all material's and equipment
incorporated or to be incorporated in such construction.
i
7 - 3 -
Unless otherwise stipulated, the Contractor shall provide
and pay for all materials, supplies, machinery,equipment, tools,
superintendence, labor, insurance and all water, light, power,
fuel, transportation and all other facilities necessary for the
execution and completion of the 'work covered by the Contract
Documents. Unless otherwise specified, all materials shall be
new and both workmanship and materials shall be of a good
quality. The Contractor shall, if required, furnish satisfac-
tory evidence as to the kind and quality of materials. Materials
or work described in words which so applied have well known,
technical or trade meanings shall be held to 'refer to such
recognized standards.
All work shall be done and all materials furnished in strict
conformity with the Contract Documents or any other information
or instructions conveyed to the Contractor.
10. SUBSTANTIALLY COMPLETED
The term "Substantially Completed" means that the structure
or project contemplated by the Contract Documents has-been made
suitable for use or occupancy, or the facility is in a condition
to serve its intended purpose, but still may require minor
miscellaneous work and adjustment.
11. LAYOUT OF WORK
Except as specifically provided herein, the Contractor shall
be responsible for laying out all work and shall accomplish this
Work in a manner acceptable to the Architect. The Architect will
check,the Contractor's layout of all major structures and any
other layout work done by the Contractor at the Contractor's
request, but this check does not relieve the Contractor of the
responsibility of correctly locating all work in accordance with
the Plans and Specifications.
12. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished with til nnP copies of all
Drawings, Profiles and Specifications without expense to him and
he shall keep one copy of same consistently accessible on the job.
site.
i
`13.' RIGHT OF ENTRY AND INSPECTION
The Architect shall at all times have access to the work
wherever it is in preparation and progress.
The.,Architect will make periodic visits to the site,at
intervals appropriate.t o the state of construction to observe
the progress and quality of the executed work and to determine,
in general, if the work is proceeding in accordance with the Con-
tract Documents. He will not be required to make exhaustive or
continuous on-site inspections to check the quality or quantity
4 -
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f
The Owner reserves the right to perform work related to the
project with his own forces, and to award separate contracts in
connection with other portions of the project or other work on
the site of the Contract. If the Contractor claims that delay or
additional costs are involved because of such action by -the
Owner, he shall make such claim as provided elsewhere in the
Contract Documents.
14. LINES AND GRADES
All lines and grades shall be furnished by the Owner's
Representative whenever necessary for the commencement of the
work contemplated by these Contract Documents or the completion
of the work contemplated by these Contract Documents. Whenever
necessary, the Contractor shall suspend his work in order to
permit the Owner's Representative to comply with this require-
ment, but such suspension will be as brief as practical and the
Contractor shall be allowed no extra compensation therefore. The
Contractor shall give the Owner's Representative ample notice of
the time and place where lines and grades will be needed, All
stakes, marks, etc., shall be carefully preserved by the Con-
tractor, and in case of careless destruction or removal by him,
his subcontractors or their employees, such stakes, markst etc.,
shall be replaced by the Owner's Representative at the Contrac-
tor's expense.
15. ARCHITECT'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between.
work included herein.
the parties to this Contract that the Architect shall review all
5
of the work. Furthermore, the Architect will not have control or
charge of and will
not be responsible for the construction means
methods, techniques, sequences
or procedures, or the safety
precautions incident thereto. His efforts be
will directed
towards providing assurances for the Owner that the completed
project will
conform to the requirements of the Contract Docu-
ments, but -he will not be
responsible for the Contractor's
failure to perform the work in accordance with the Contract
Documents. On the basis of his on-site observations, he will
keep the Owner informed
of the progress of the work and will
endeavor to protect the Owner against defects and deficiencies in
the work of the Contractor.
7
The authorizedrepresentativeand agents of the 'Owner shall
be permitted to inspect all
L'
work, material, payrolls, records of
personnel, invoices of materials and other relevant
records. data and
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f
The Owner reserves the right to perform work related to the
project with his own forces, and to award separate contracts in
connection with other portions of the project or other work on
the site of the Contract. If the Contractor claims that delay or
additional costs are involved because of such action by -the
Owner, he shall make such claim as provided elsewhere in the
Contract Documents.
14. LINES AND GRADES
All lines and grades shall be furnished by the Owner's
Representative whenever necessary for the commencement of the
work contemplated by these Contract Documents or the completion
of the work contemplated by these Contract Documents. Whenever
necessary, the Contractor shall suspend his work in order to
permit the Owner's Representative to comply with this require-
ment, but such suspension will be as brief as practical and the
Contractor shall be allowed no extra compensation therefore. The
Contractor shall give the Owner's Representative ample notice of
the time and place where lines and grades will be needed, All
stakes, marks, etc., shall be carefully preserved by the Con-
tractor, and in case of careless destruction or removal by him,
his subcontractors or their employees, such stakes, markst etc.,
shall be replaced by the Owner's Representative at the Contrac-
tor's expense.
15. ARCHITECT'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between.
work included herein.
the parties to this Contract that the Architect shall review all
5
The Architect will review and approve or take other appro-
priate action upon the Contractor's submittals', such as Shop
Drawings, Product Data and Samples, but only for conformance with
the design concept of the work and with the information given in
the Contract Documents.
The Architect will have authority to order minor changes in
the work not involving an adjustment in the Contract Sum or an
extension of the Contract Time and not inconsistent with the
intent of the Contract Documents. Such changes shall be ef-
fected by, written order, and shall be binding an the.Owner and
the. Contractor. The Contractor shall carry out such written
orders promptly.
The Architect has the authority to stop the work whenever
such stoppage may be necessary to insure the proper execution
of the Contract. The Architect has the authority to reject work
which does not conform to the Contract Documents. _
In order to prevent delays and disputes and to discourage
litigation, it is further agreed that the Architect shall, in all
cases, determine the amounts and quantities of the several kinds
of work which are to be paid for under this Contract. Based on
the Architect's observations and an evaluation of the Contrac-
tor's Applications for.Payment, the Architect will determine the
amounts owing to the Contractor and will issue Certificates for
Payment in accordance with the provisions of this Agreement. He
shall determine all questions in relation to said work and the -
construction thereof, and shall, in all cases, decide every
question which may arise relative to the execution of this
Contract on the part of said Contractor. The Architect's
..estimates and findings shall'be conditions precedent to the right
of the parties hereto to arbitration or to any action on the --
Contract, and to any rights of the Contractor to receive any
money under the Contract; provided, however, that should the
Architect render any decision or give any direction which, in the
opinion of the Owner's Representative, is not in accordance with
the meaning and intent of this Contract, the Owner's Represen-
tative shall notify the Architect and the Contractor of his
objection, and the Architect shall direct the Contractor to
modify or remedy such work to meet the requirements of the
Owner's Representative. Should the Contractor object to any
decision or given direction which, in his opinion, is not in
accordance with the meaning and intent of this Contract, the
Contractor may file with said Owner's Representative, within 30
days, his written objection to the decision or direction so
rendered, and by such action may reserve the right to submit the
question so raised to arbitration, as hereinafter provided., It
is the intent of this Agreement that there shall be no delay in
the execution of the work. therefore, written decisions or
directions of the Architect as rendered shall be promptly carried
out, and any claim arising therefrom shall be thereafter adjusted
through arbitration, as hereinafter provided.
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t
The Owner's Representative shall, within a reasonable time,
render and deliver to both the Architect and the Contractor a
written decision on all written objections filed by the Con-
tractor. Should the Owner's Representative fail to make such a
decision within a'reasonable time, an appeal to arbitration may
be taken as if his decision had been rendered against the
Contractor.
16. SUPERINTENDENCE AND INSPECTIONS
It is agreed by the Contractor that the Owner's Represen-
tative shall be and is hereby authorized to appoint from time to
time such subordinate engineers, supervisors or inspectors as the
said Owner's Representative may deem proper to inspect the
materials furnished and the work performed or being performed
under this Agreement, and to see that said materials are fur-
nished and the work is done in accordance with the specifications
therefor. The Contractor shall furnish all reasonable aid and
assistance required by the subordinate engineers, supervisors or
inspectors for the proper inspection and examination of the work.
17. CONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful
prosecution and completion of this Contract and shall keep on the
work, during its progress, a competent superintendent and any
necessary assistants, all satisfactory to Owner's Representative.
The superintendent shall represent the Contractor in his absence
and all directions given to him shall be binding as if given to
the Contractor. Adequate supervision by competent and reasonable
representatives of the Contractor is essential to the proper
performance of the work, and lack of such supervision shall be
grounds for suspending operations of the Contractor. The work, -
from its commencement to completion, shall be under the exclusive
charge and control of the Contractor and all risk in connection
therewith shall be borne by the Contractor. The Owner, Owner's
Representatives or Architect will not be responsible for the acts
or omissions of the Contractor or any of his agents or employees
or any other persons performing any of the work.
The Contractor shall be responsible to the Owner for the
acts and omissions of his employees, subcontractors and their
agents and employees and other persons performing any of the work
under a contract with the Contractor.
18. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by
careful examination, satisfied himself as to the nature and
location of the work, the confirmation of the ground,'t•he
character, quality and quantity of materials to be encountered,
the character of equipment and facilities needed preliminary to
and during the prosecution of the work, and the general and local
�„ conditions, and all other matters which in any way affect the
work under this Contract. No verbal agreement or conversation
with any officer, agent or employee of the Owner I'either before
or after the execution of this Contract, shall affect or modify
any of the terms or obligations herein contained.
19. CHARACTER Of WORKERS
To do the work required by,this Contract, the Contractor
agrees to employ only orderly and competent workers, skillful in
the performance in the type of work required by the said Con-
tract, and he further agrees that whenever the Owner's Represen-
tative shall inform him in writing that any worker or workers
doing the work are, in his opinion, incompetent, unfaithful or
disorderly, such worker or workers shall be discharged from the
work and shall not again be employed to do the work without
written consent of the Owner's Representative.
20. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment,
machinery and materials necessary for the prosecution and com-
pletion of this Contract where it is not otherwise specifically
provided that the Owner shall furnish same, and it is also
understood that the Owner shall not be held responsible for the
care, preservation, conservation or protection of any materials,
tools, equipment or machinery or any part of the work until it is
finally completed and accepted.
The building of structures for the housing of workers or
equipment will be permitted only at such places as the Owner's
Representative shall direct, and the sanitary conditions of the
grounds in or about such structures shall at all times be main-
tained in a manner satisfactory to the Owner's Representative.
21. SANITATION
Necessary sanitary conveniences for the use of laborers on
the work site, properly secluded from public observation, shall
be constructed and maintained by the Contractor in such manner
and at such points as shall be approved by a subordinate super-
visor appointed by the Owner's Representative. The Contractor
shallstrictlyenforce the use of such facilities.
22. OBSERVATION AND TESTING
The Owner's Representative or the Architect shall have the
right at all reasonable times to observe and test the work.
Contractor shall make necessary arrangements and provide proper
facilities and access for such observation and testing at any
location wherever work is in preparation or progress. Contractor
shall ascertain the scope of any observations and tests which may
be contemplated by Owner's Representative or Architect and shall
give ample notice as to the time each part of the work will be
ready for such observations and tests. Owner's Representative or
- 8 -
r
Architect may reject any work found to be defective or not in
accordance with the Contract Documents, regardless of the stage
Of its completion or the time or place of discovery of such
errors, and regardless of whether either Owner's Representative
or Architect has previously accepted the work through oversight
or otherwise. If any work which is required to be inspected,
tested or approved, is covered up without written approval or
consent of the Owner's Representative or Architect, it must, if
requested by the Owner's Representative or Architect, be un-
covered for observation and testing at the Contractor's expense.
In the event that any part of the work is being fabricated or
manufactured at a location where it is not convenient for Owner's
Representative or Architect to make observations of such work or
require testing of said work, then in such event, Owner's Repre-
sentative or Architect may require Contractor to furnish Owner's
Representative or Architect certificates of inspection, testing
or approval made by persons competent to perform such tasks at
the location where that part of the work is being manufactured or
fabricated. All such tests will be in accordance with the
methods prescribed by the American Society for Testing and
Materials or such other applicable organization as maybe required
by law or the Contract Documents.
If any work which is required to be inspected, tested or
approved, is covered up without written approval or consent of
the Owner's Reprsentative or Architect, it must, if requested by
the Owner's Representative or Architect, be uncovered for
observation and testing at the Contractor's expense. The cost of
all such inspections, tests and approvals shall be borne by the
Contractor unless otherwise provided herein. Any work which
fails to meet the requirements of any such tests, inspections or
approval, and any work which meets the requirements of any such
tests or approval but does not meet the requirements of the
Contract Documents shall be considered defective. Such defective
work shall be corrected at the Contractor's expense.
Neither observations by the Owner's Representative or
Architect, nor inspections, tests or approvals made by Owner's
Representative or Architect or other persons authorized under
this Agreement to make such inspections, tests or approvals,
shall relieve the Contractor from his obligation to perform the
work in accordance with the requirements of the Contract Docu-
ments.
23. DEFECTS AND THEIR REMEDIES
It is agreed that if the work or any part thereof or
any material brought on the site of the work for use in the work
or selected for the same, shall be deemed by the Owner's Repre-
sentative or Architect as unsuitable or not in conformity with
plans, specifications and Contract Documents, the Contractor
shall, after receipt of written notice thereof from the Owner's
Representative or Architect, forthwith remove such material and
rebuild or otherwise remedy such work so that it shall be in full
- 9 -
accordance with this Contract. It is further -agreed
remedial action contemplated as hereinabove set forth
the Contractor's expense.
that any
shall be at
The Contractor shall promptly correct any workrejectedby
the Owner's Representative or Architect as defective or as
failing to conform to the Contract Documents, whether observed
before or after substantial completion and whether or not
fabricated, installed or completed, and shall correct any work
found to be defective or nonconforming within a period of one
year from the date of substantial completion of the Contract, or
within such longer period of time as may be prescribed by law or
by the terms of any applicable special warranty required by the
Contract Documents. The provisions of this Section apply to work
done by subcontractors as well as to work done by direct em-
ployees of the Contractor. The Contractor shall bear all costs
of correcting such rejected work, including compensation for the
Architect's additional services made necessary thereby.
If the Contractor fails to correct defective work as
required, or persistently fails to carry out the 'work in accor-
dance with the Contract Documents, the Owner's Representative, by
a written order signed personally or by an agent specifically so
empowered by the Owner in writing, may order the Contractor to
stop the work', or any portion thereof, until thecausefor such
order, has been eliminated; however, this right of the Owner to
stop `the work shall not give rise to any duty on the part of the
Owner to exercise this right for the benefit of the Contractor or
any other person or entity.
If the Contractor defaults or neglects to carry out the work
in accordance with the Contract Documents, and fails within seven
days after receipt of written notice from the Owner's Representa-
tive or other agent to commence and continue correction of such
default or neglect with diligence and promptness, the Owner may,
after seven days following receipt by the Contractor of an
additional written notice, and without prejudice to any other
remedy he may have,,make good such deficiencies. In such case,
an appropriate Change Order shall be issued deducting from the
payments then or thereafter due the Contractor the cost of
correcting such deficiencies, including compensation for the
Architect's additional services made necessary by such default,
neglect or failure. If the payments then or thereafter due the
Contractor are not sufficient to cover such amount, -the Contrac-
tor shall pay the difference to the Owner.
If, within one year after the date of substantial completion
of the work or designated portion thereof, or within one year
after acceptance by the Owner of designated equipment, or within
such longer period of time as may be prescribed by law or by the
terms of any applicable special warranty required by the Contract
Documents, any of the work is found to be defective or not in
accordance with the Contract Documents, the Contractor shall
correct it promptly after receipt of a written notice from the
- 10 -
Owner to do so unless the Owner has previously given the Con-
tractor a written acceptance of such condition. This obligation
shall survive termination of the Contract. The Owner shall give
such notice promptly after discovery of the defect.
24. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such
changes and alterations as the Owner may see fit, in the line,
L� 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.
25. EXTRA WORK
The term "extra work" as used in this Contract shall be -
understood to mean and include all work that may be required by
the Owner or Owner's Representative to be done by the Contractor
to accomplish any change, alteration or addition to the work as
shown on the plans and specifications or Contract Documents and
not covered by the Contractor's proposal, except as provided
under changes and alterations herein.
It is agreed that the Contractor shall perform all extra
work under the direction of the Architect when presented with a
written work order signed by the Owner's Representative, subject,
however, to the right of the Contractor to require written
confirmation of such extra work order by the Owner. It is also
agreed that the compensation to be paid to the Contractor for
performing said extra work shall be determined by one or more of
the following methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
Method (C) - If neither Method (A) or Method (B) be agreed
upon before the extra work is commenced, then
the Contractor shall be paid the actual field
cost of the work, plus fifteen (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 labor-
ers, and materials,_ supplies, teams, trucks, rentals on machinery
and equipment, for the time actually employed or used on such
extra work, plus actual transportation charges necessarily
incurred, together with all expenses incurred directly on account
of such extra work, including Social Security, Old Age Benefits,
Maintenance Bonds, ,Public Liability and Property Damage and
Workmen's Compensation and all other insurances as may be
required by law or ordinances or directed by the Owner's Repre-
sentative or Architect, or by them agreed to. Owner's Represen-
tative may direct the form in which accounts of the actual field
cost shall be kept and records of these accounts shall be made
available to the Owner's Representative. The Owner's Represen-
tative or Architect may also specify in writing, before the work
commences, the method of doing the work and the type and kind of
machinery and equipment to be used; otherwise, these matters
shall be determined by the Contractor. Unless otherwise agreed
upon or specified, the prices for the'use of machinery and
equipment shall be determined by using 100%, of the latest
Schedule of Equipment and Ownership Expenses adopted by the
Associated General Contractors of America. Where practical, the
terms and prices for the use of machinery and equipment shall be
incorporated in the written extra work order.The fifteen
.'percent (150) of the actual field cost to be paid to the Con-
tractor shall cover and compensate him for his profit, overhead,
general superintendence, and field office expense, and all other
elements of,cost and expense not embraced within the actual field
cost as herein defined, save that where the Contractor's Camp or
Field Office must be maintained primarily on account of such
extra work, then the cost to maintain and operate the same shall
be included in the "actual field cost."
No claim for extra work of any kind will be allowed unless
ordered in writing by the Owner's Representative. In case any
Orders or instructions.appear to the Contractor to -involve extra
work for which he should receive compensation or an adjustment in
the construction time, he shall make "a written request to the
Owner's Representative.for a written order authorizing such extra
work. Should a difference'of opinion arise as to what does or
does not constitute extra work, or as to the payment therefor,
and the Owner's Representative insists upon its performance, the
Contractor shall proceed with the work after making a written
request for a written order and shall keep adequate and accurate
account of the actual field cost thereof, as provided under
12 -
i
Method (C). The Contractor will thereby preserve the right to
submit the matter of payment''to arbitration, as herein below
provided.
26. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of this Contract
that all work described in the proposal, the specifications,
plans and other Contract Documents is to be done for the price
quoted by the Contractor and that such price shall include all
appurtenances necessary to complete the work in accordance with
the intent of these Contract Documents, as interpreted by the
Architect. If the Contractor finds any discrepancies or
omissions in these plans, specifications or Contract Documents,
he should notify the Architect and obtain a clarification before
the bids are received, and if no such request is received by the
Architect prior to the opening of bids, then it shall be consi-
dered that the Contractor fully understands the work to be
included and has provided sufficient sums in his proposal to
complete the work in accordance with these plans and specifi-
cations. It is further understood that any request for clari-
fication must be submitted no later than five days prior to the
opening of bids. ,
27. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If, at any time, the methods or equipment used by the Con-
tractor are found to be inadequate to secure the quality of work
with the rate of progress required under this Contract, the Owner
or Owner's Representative may order the Contractor in writing to
increase their safety or improve their character and efficiency
and the Contractor shall comply with such order.
If, at any time, the working force of the Contractor is
inadequate for securing the progress herein specified, the
Contractor shall, if so ordered in writing, increase his force
or equipment, or both, to such an extent as to give reasonable
assurance of compliance with the schedule of progress.
28. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
The Contractor shall take out and procure a policy or
policies of Worker's Compensation Insurance with an insurance
company licensed to transact business in the State of Texas,
which policy or policies shall comply with the Worker's Com-
pensation laws of the State of Texas. The Contractor shall at
all times exercise reasonable precaution for the safety of
employees and others on or near the work and shall comply with
all applicable provisions of federal, state and municipal laws
and building and construction codes. All machinery and equipment
and other physical hazards shall be guarded in accordance with
the "Manual of Accident Prevention in Construction" of Associated
! General Contractors of America, except where incompatible with
federal, state or municipal laws or regulations. The Contractor,
- 13 -
his sureties and insurance carriers shall defend, indemnify and
save harmless the Owner, all of its officers, the Architect and
their agents and employees from all damages, losses, or expenses
and from all suits, actions or claims of any character whatsoever
brought for or on account of any injuries or damages received or
sustained by any person or persons or property, on account of any
negligent act or fault of the Contractor or any subcontractor,
their agents.or employees, in execution and supervision of said
Contract, and the project which is the 'subject matter of this
Contract, including the failure of Contractor or any subcontrac-
tor to provide necessary barricades, warning lights or signs, and
`will be required to pay any judgment with costs which may be
obtained against the Owner, its officers, the Architect or any of
their agents or employees, including attorney.'s fees.
In any and all claims against the Owner, any officer of the
Owner, the Architect or any of their agents or employees by any
employee of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose act any of
them may be liable, the indemnification obligation under this
Section shall not be limited in any by any limitation on the
amount or type of damages, compensation or benefits payable by or
for the Contractor or any subcontractor under Worker's Compensa-
tion acts, disability benefit acts or other employee benefit
acts. The obligations of the Contractor under this Section shall ^'
not extend to the liability of the Architect, his agents or
employees, arising out of (1) the preparation or approval of
maps, drawings, opinions, reports, surveys, change orders,
designs or specifications, or (2) the giving of or the failure to
give directions or instructions by the Architect, his=agents'or
employees, provided such giving or failure to give is the primary _
cause of the injury or damage.
The safety precautions taken shall be the sole responsi-
bility of the Contractor, in his sole discretion as an Indepen-
dent Contractor. Inclusion of this section in the Agreement, as
well as any notice which may be given by the Owner, the Owner's
Representative or the Architect concerning omission under this
section as the work progresses, are intended as reminders to
the Contractor of his duty, and shall not be construed as any
assumption of duty to supervise safety precautions taken by
either the Contractor or any of his subcontractors.
29. CONTRACTOR'S INSURANCE: SCOPE OF INSURANCE AND SPECIAL HAZARDS
The Contractor shall not commence work under this Contract
until he has obtained all insurance as required herein. The
Contractor shall provide insurance for the adequate protection
of the Contractor and his subcontractors, respectively, against
damage claims which may arise from operations under this Con
tract, whether such operations be by the insured or by anyone
directly or indirectly employed by him and, also, against any of
the special hazards which may be encountered in the performance
of this Contract, as enumerated in the Supplemental General
Conditions.
The Contractor shall procure and carry, at his sole cost and
expense throughout the life of this'Contract, insurance protec-
tion as hereinafter specified. Such insurance shall be carried
with an insurance company licensed to transact business in the
State of Texas and shall cover all operations in connection with
this Contract, whether performed by the Contractor or a subcon-
tractor, or separate policies shall be provided covering the
operation of each subcontractor. All policies shall contain an
agreement on the part of the insurer waiving the right to
subrogation.
3'
(A) Worker's Compensation and Employer's Liability
Insurance.
As required by State statute covering all employees
employed on a work whether employed by the Contractor or any
subcontractor on the job.
(B) Owner's Protective or Contingent Public Liability
Insurance and Property Damage Liability Insurance.
I'
The Contractor shall obtain an Owner's Protective or
Contingent Public Liability Insurance policy, naming the City
of Lubbock as an additional insured and the amount of such
policy shall be as follows:
$_ 500,000 for bodily injuries, including accidental
death, to any one person, but limited to $ 500,000
per occurrence, and $ 100,000 for property damage.
The Contractor shall obtain a Contractor's Protective
(Contingent) Liability Insurance policy and the
amount of
said policy shall be as follows:
In an amount not less than $ 300 000 for bodily
?! injuries, including accidents death, to any
person, but not less than $ 5001 000 per occurrence
and in the amount of not less than 3009000 for
property damage.
�., Said policy shall include:
Premises and Operations
Explosion & Collapse Hazard
Underground Damage Hazard
Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury (with exclusion "e" waived)
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The City is to be named as an additional insured on
this policy for this specific job, and a copy of the
endorsement doing so is to be attached to the Certificate
of Insurance.
In addition to the insurance required above, the =
Department of Housing and Urban Development requires that
all contracts in excess of $100,000.00 provide Builders Risk
Insurance (Fire and Extended coverage).
Until the project is completed and accepted by the
Owner, said Owner or Contractor (at the Owner's option, as
indicated in the Supplemental General Conditions, Form
HUD -4238-N) is required to maintain Builder's Risk Insurance
(fire and extended coverage) on a 100 percent completed
value basis on the insprable portion of the project for the
benefit of the Owner, the Contractor and Subcontractors, as
their interests may appear. The Contractor shall not
include any costs for Builder's Risk Insurance (fire and
extended coverage) premiums during construction unless the
Contractor is required to provide such insurance; however,
this provision shall not release the Contractor from his
obligation to complete, according to plans and`specifica-
tions, the project covered by the Contract, and the Con-
tractor and his Surety shall be obligated to full perfor-
mance of the Contractor's undertaking.
(C) Automobile Insurance
The Contractor shall procure a Comprehensive Automobile
Liability Insurance Policy providing coverage to include all
owned and non -owned cars, including Employer's Non -ownership _
Liability and Hired and Non -owned Vehicles as follows:
In an amount not less that $ 250,000 for injuries,
including accidental death, to any one person, but not
less than $ 500,000 per occurrence, and in the
amount of not less than $ 100,000 for property
.damage.
(D) Proof of Coverage
Before work on this Contract is commenced, each
Contractor and subcontractor shall submit to the Owner for
approval three (3) certificates of insurance covering each --
insurance policy carried and offered as evidence of compli-
ance with the above insurance requirements, signed by an
authorized representative of the insurance company setting
forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance
applies.
16 -
The Contractor agrees that he will indemnify and save the
Owner, its officers, the Architect and their agents and employees
harmless from all claims growing out of any demands of subcon-
tractors, laborers, workmen, mechanics, materialmen'and fur-
nishers of machinery and parts thereof, equipment, power tools,
all suppliers, including commissary, incurred in the furtherance
of the performance of thi's Contract. When Owner so desires, the
Contractor shall furnish satisfactory evidence that all ob-liga_
tions of the nature hereinabove designated have been paid,
discharged or waived.
If during the progress of the work, Contractor shall allow
any indebtedness to accrue for work furnished by any of those
designated in the preceding paragraph and shall fail to pay and
discharge any such indebtedness within five (5) days after demand
r` is made, then Owner may, during the period for which such indebt-
edness shall remain unpaid, withhold from the unpaid portion of
this Contract, a sum equal to the amount of such unpaid indebt-
edness, or may apply the sum so withheld to discharge any such
indebtedness.
- 17 _ -
it
(3) The name of the policy and type or types of insurance
in force thereunder on the date borne by such certi-
ficate.
(4) The expiration date of the policy and the limit or
-limits of liability thereunder on the date borne by
such certificate.
(5) A statement that the insurance of the type afforded forded by
.the policy applies to all of the operations of whatever
character which are undertaken by the insured during
'
the performance of this Contract , provided such
operations are required in the performance of the
.�
Contract.
(6) A provision that the policy may -be cancelled only by
pffi�
mailing written notice to the named insured at the
address shown in the bid specifications, stating when,
not less than ten (10) days thereafter, cancellation
-of such policy shall be effective.
(7) A provision that written notice shall be given to the
Owner ten (10) days prior to any change in or cancel-
Pft
lation of the policies shown on the certificate.
30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS,
MATERIA LMEN, AND FURNISHERT OF MACHINERY, EQUIPMENT AND
SUPPLIES
The Contractor agrees that he will indemnify and save the
Owner, its officers, the Architect and their agents and employees
harmless from all claims growing out of any demands of subcon-
tractors, laborers, workmen, mechanics, materialmen'and fur-
nishers of machinery and parts thereof, equipment, power tools,
all suppliers, including commissary, incurred in the furtherance
of the performance of thi's Contract. When Owner so desires, the
Contractor shall furnish satisfactory evidence that all ob-liga_
tions of the nature hereinabove designated have been paid,
discharged or waived.
If during the progress of the work, Contractor shall allow
any indebtedness to accrue for work furnished by any of those
designated in the preceding paragraph and shall fail to pay and
discharge any such indebtedness within five (5) days after demand
r` is made, then Owner may, during the period for which such indebt-
edness shall remain unpaid, withhold from the unpaid portion of
this Contract, a sum equal to the amount of such unpaid indebt-
edness, or may apply the sum so withheld to discharge any such
indebtedness.
- 17 _ -
31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The Contractor shallpayall royalties and license fees, and
shall provide for the use of any design, device, material or
process covered by letters patent or copyright by suitable legal
agreement with the Patentee or Owner thereof. The Contractor —
shall defend all suits or claims for infringement'of any patent
or copyrights and shall indemnify and save the Owner harmless
from any loss on account thereof, except that Owner shall defend
all such suits and claims andshall be responsible for all such
loss when a particular design, device, material or process or the
product of a particular manufacturer or`manufacturers is speci-
fied or required in these Contract Documents by Owner; provided,
however, if choice of alternate design, device, material or
process is allowed to the Contractor, then Contractor shall
indemnify and save Owner harmless from any loss on account
thereof. If the material.or process specified or required by
Owner,is an infringement, the Contractor..shall beresponsible for
such loss unless he promptly gives written notice to the Owner of
such infringement.
32. LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with
all federal, state and local laws, ordinances and regulations —
which in any manner affect the Contract or the work, and shall
indemnify and save harmless the Owner against any claims arising
from the violation of any such laws, ordinances and regulations,
whether by the Contractor or his employees. If the Contractor
observes that the plans and specifications are at variance
therewith, he shall promptly notify the Architect and Owner's
Representative in writing, and any necessary changes shall be
adjusted as provided in the Contract for changes in the work. If
the Contractor performs any work knowing it to be contrary to
such laws, ordinances, rules and regulations, and without such
notice to the Owner's Representative, he shall bear all-
:costs
arising therefrom.
The Owner is a municipal,corporation of the State of Texas
and the law from which it derives its powers, insofar as the same
regulates the objects for which, or the manner in which, or the
conditions under which the Owner may enter into contracts, shall
be 'controlling. and shall be considered as part of this Contract
to the same effect as though embodied herein.
33. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed,, by and between
the Contractor and, the Owner, that the date of beginning and the
time for completion of the work as specified in the Contract are
ESSENTIAL CONDITIONS of this Contract; and it is further mutually
understood and agreed that the work embraced in this Contract
shall be commenced on a date to be specified in the "Notice to
Proceed."
- is
`j The Contractor agrees that said work shall be prosecuted
l regularly, diligently and uninterruptedly at such rate of
progress as will insure full completion thereof within the time
specified. It is expressly understood and agreed by and between
the Contractor and the Owner that the time for the completion of
the work described herein is a reasonable time for the comple-
tion of the same, taking into consideration the average climatic
range and usual industrial conditions prevailing in the locality.
If the said Contractor shall neglect, fail or refuse to
+� complete the work within the time herein specified, or any proper
�( extension thereof granted by the Owner, then the Contractor does
hereby agree, as a part of the consideration for the awarding of
this Contract, to pay to the Owner the amount specified in the
Bid Proposal, not as a penalty, but as liquidated damages for
such breach of Contract as hereinafter set forth, for each and
every calendar day that the Contractor shall be in default after
the time stipulated in the Contract for completing the work.
The said amount is fixed and agreed upon by and between the
Contractor and the Owner because of the impracticability and
extreme difficulty of fixing and ascertaining the actual damages
the Owner would in such event sustain, and said amount is agreed
to be the amount of damages which the Owner would sustain, and
said amount shall be permanently retained from time to time by
e the Owner from current periodical estimates.
A
It is further agreed that time is of the essence for each
and every portion of this Contract and of the specifications
wherein a definite and certain length of time is fixed for the
performance of any act whatsoever; and where, under the Contract,
additional time is allowed for the
completion of any work, the
new time limit fixed by such extension shall be of the
.,
essence of
this Contract. Provided, that the Contractor shell not be
charged with liquidated damages or any excess cost when the Owner
determines that the Contractor is without fault
and the Contrac-
tor's reasons for the time extension are acceptable to the Owner.
Provided, further, that the
Contractor shall not be charged with
liquidated damages or any
excess cost when the dela
tion of the work is due: y in comple-
(a) To any preference, priority or allocation order duly
issued by the Government.
(b) To any unforeseeable cause beyond the control and
without the fault or negligence of the Contractor,
including, but not restricted to, acts of God or of
the public enemy, acts of the Owner, acts of another
Contractor in the performance of a contract with the
Owner, fires, floods, epidemics, quarantine restric-
tions, strikes, freight embargoes or severe weather;
and
i'I 19 _
(c) To any delays of subcontractors or suppliers occasioned
by any of the causes specified in subsections (a) or
(b) of this section.
Provided further, that the Contractor shall, within ten (10)
days from the beginning of such delay, unless the Owner shall
grant a further period of time prior to the date of final
settlement of the Contract, notify the Owner's Representative, in
writing, of the causes of the delay, who shall ascertain the
facts and extent of the delay and notify the Contractor within a
_.reasonable time of the, Owner's decision in the matter.
34. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this Contract, unless
otherwise herein specifically provided, that the Contractor shall
be allowed to prosecute his work at such time and sessions, in
such order or precedence, and in such mariner as shall be most
conducive to economy of construction; provided, however, that the
order and time of prosecution shall be such that the work shall
be substantially completed as a whole and in part, in accordance
with this Contract, the plans and specifications, and within the
time of completion designated in the proposals; provided, also,
that when the Owner is having other work done, either by contract
or by his own force, the Owner's Representative may direct the
time and manner of construction work done under this Contract so
that conflicts will be avoided and the construction of the
various works being done for the Owner shall be harmonized.
The Contractor shall submit, at such times as mayreasonably
be requested by the Owner's Representative or Architect, sche-
dules which shall show the order in which the Contractor pro-
poses to carry on the work, with dates at which the Contractor
will start the several parts of the work, and estimated dates of
completion of the several parts.
35. EXTENSION OF TIME
The Contractor agrees that he has submitted his proposal in
full recognition of the time required for the completion of this
project, taking into consideration the average climatic range and
industrial conditions prevailing in this locality, and has
considered the liquidated damage provisions of section 33
hereinabove set forth, and that he shall not be entitled to, nor
will he request, an extension of time on this Contract, except
when his work has been delayed by an act or neglect of the Owner,
Owner's Representative, the Architect, employees of the Owner or
other contractors employed by the Owner, or by changes ordered in
the work, or by strike, walk -outs, acts of God or the public
enemy, fire or flood. The Contractor may apply in writing for an
extension of time, submitting therewith all written justifica-
tio`ns`as may be required by the Owner's Representative for such
an extension. The Owner's Representative within ten (10) days
after receipt of a written request for an extension of time by
- 20 -
the Contractor, supported by all requested documentation shall
then submit such written request to the City Council of the City
jj of Lubbock for its consideration. Should the Contractor disagree
j� with the action of the City Council, such disagreement shall be
settled by arbitration as hereinafter provided.
36. HINDRANCE AND DELAYS
In executing this Agreement, the Contractor agrees that in
undertaking to complete the work within the time herein fixed, he
has taken into consideration and made allowances for all hin-
drances and delays incident to such work, whether growing out of
�+ delays in securing material or workmen or otherwise. No charge
shall be made by the Contractor for hindrance or delays from any
cause during the progress of any part of the work embraced in
this Contract except where the work is stopped by order of the
Owner or Owner's Representative for the Owner's convenience, in
which event such expense, as in the judgment of the Owner's
.• Representative is caused by such stoppage', shall be paid by Owner
to Contractor.
37. QUANTITIES AND MEASUREMENTS
A
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
7 otherwise specifically provided.
In the event this Contract is let on a unit price basis,
then Owner and Contractor agree that this Contrant, including the
specifications, drawings and other Contract Documents are
intended to show clearly all work to be done and material to be
'- furnished hereunder. Where the estimated quantities are shown
for the various classes of work to be done and material to be
furnished under this Contract, they are approximations and are to
be used only as a basis for estimating the probable cost of the
f 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
r differ somewhat from these estimates, and that where the basis
for payment under this Contract is the unit price: method, payment
shall be for the actual amount of work done and materials
«M furnished on the project.
` 38. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the
adjacent or adjoining property or properties in any way en-
countered and which may be injured or damaged by any
process of construction to be undertaken under this Agreement,
and he shall be liable for any and all claims for such injury or
damage on account of his failure to fully protect all adjacent
property. The Contractor agrees to indemnify, save and hold
harmless the Owner against any claim or claims for damages due
M
to any injury to any adjacent or adjoining property arising or
growing out of the performance of this Contract, but such
indemnity shall not apply to any claim of any kind arising out
of the existence or character of the work. _
39. PRICE FOR WORK
In consideration of furnishing all necessary labor, equip-
ment and material and the completion of all work by the Contrac-
tor, and on the delivery of all materials embraced in this
Contract in full conformity with the specifications and stipu-
lations herein contained, the Owner agrees to pay the Contractor
the price set forth in the proposal attached hereto, which has
been made a part of this Contract, and the Contractor hereby
agrees to receive such price in full for furnishing all labor,
equipment and material required for the aforesaid work, and for
,all expenses incurred by him, and for well and truly performing
the same and the whole thereof in the manner and according to
this Agreement, the attached specifications, drawings, Contract
Documents and requirements of the Architect and the Owner's
Representative.
40. CONSTRUCTION SCHEDULE & PERIODIC ESTIMATES
Immediately after execution and delivery of the Contract,
and before the first partial payment is made, the Contractor
shall deliver to the Owner's Representative and to the Architect
an estimated construction progress schedule in a form satisfac-
tory to the Owner's Representative and Architect, showing the
pruposed dates of commencement and completion of each of the
various subdivisions of work required under the Contract Docu-
ments and the anticipated amount of each monthly payment that
will become due the Contractor in accordance with the progress
schedule. The Contractor shall also furnish on forms to be
supplied by the Owner (a) a detailed estimate giving a complete
breakdown of the Contract price and (b) periodic itemized
estimates of work done for the purpose of making partial payments
thereon. The costs employed in making up any of these schedules
will be used only for determining the basis of partial payments
and will not be considered as fixing a basis for additions to or
deductions from the Contract price.
At least fifteen days before the date for each progress
payment established in Section 41 of these General Conditions,
the Contractor shall submit to the Architect an itemized Appli-
cation for Payment, notarized if required, supported by such data
substantiating the Contractor's right to payment as the Owner or
the Architect may require, and reflecting retainage, if any, as
provided elsewhere in the Contract Documents.
Unless 'otherwise provided in the Contract Documents,
payments will be made on account of materials or equipment not
incorporated in the work but delivered and suitably stored at
the site.
22 -
r
r
0
i
The Contractor warrants that title to all work, materials
and equipment covered by an application for payment will pass to
the Owner either by incorporation in the construction -or upon
the receipt of payment by the Contractor, whichever occurs first,
free and clear of all liens, claims, security interests or
encumbrances, hereinafter referred to as "liens", and that no
work,'meterials or equipment covered by an Application for
Payment will have been acquired by the Contractor, or by any
other person performing work at the site or furnishing materials
and equipment for the project, subject to an agreement under
which an interest therein or an encumbrance thereon is retained
by the seller or otherwise imposed by the Contractor or such
other person.
The Architect will, within seven days after the receipt of
the Contractor's Application for Payment,.either issue a Certi-
ficate for Payment to the Owner, with a Copy to the Contractor,
for such amount as the Architect determines is properly due, or
notify the Contractor in writing of his reasons for withholding a
Certificate.
The issuance of a Certificate for Payment will constitute a
representation by the'Architect to the Owner, based on the
Architect's observations at the site and the date comprising the
Application for Payment, that the work has progressed to the
point indicated; that, to the best of his knowledge, information
and belief, the quality of the work is in accordance with the
Contract Documents (subject to an evaluation of the work for
conformance with the Contract Documents upon Substantial Comple-
tion, to the results of any subsequent tests required by or
performed under the Contract Documents, to minor deviations from
the Contract Documents correctable prior to completion, and to
any specific qualifications stated in his Certificate); and that
the Contractor is entitled to payment in the amount certified.
However, by issuing a Certificate for Payment, the Architect
shall not thereby bedeemed to represent that he has made exhaus-
tive or continuous on-site inspections to check the quality or
quantity of the work, or that he has reviewed the construction
means, methods, techniques, sequences or procedures, or that he
has made any examination to ascertain how or for what purpose
the Contractor has used the moneys previously paid on account of
the Contract Sum.
41. PAYMENTS TO CONTRACTOR
After the Architect has issued a Certificate for Payment,
and not later than the 25th day of each calendar month, the Owner
shall make a progress payment to the Contractor on the basis of a
duly certified and approved estimate of the work performed during
the preceding calendar month under this Contract, but to insure
the proper performance of this Contract, the Owner shall retain
five percent (5A) of the amount of each estimate until final
completion and acceptance of all work covered by this Contract:
23
Provided, that the Contractor shall submit his estimate not later
than the first day of the month; Provided, further, that the
Owner at any time after fifty percent 50%)of�the work has been
completed, if it finds that satisfactory progress is being made,
may make any of the remaining. progresspayments in.full; Pro-
vided,, further, that on completion and acceptance of each
separate building, public work or other division of the Con` -
tract, on which, the price is stated separately in the Contract,
payment may be made in full, including retained percentages
thereon, less authorized deductions.
In preparing estimates, the material delivered an the site
and preparatory work done may be taken into consideration.
All material and work covered by partial payments made shall
thereupon become the sole property of the Owner, but this
provision shall not be construed -as relieving the Contractor.
.from the sole responsibility for the care.and protection of
materials and work upon which payments have been made, or the
restoration of any damaged work, or as a waiver of the right of
the Owner to require the fulfillment of all the terms of the
Contract.
Owner's Right To Withhold Certain Amounts and Make Applica-
tion Thereof: The Contractor agrees that he will indemnify and
save the Owner harmless from all claims growing out of the lawful
demands of subcontractors, laborers, workmen, mechanics, mate-
rialmen and furnishers of machinery and parts thereof, equip-
ment, power tools and all supplies, including commissary,
incurred in the furtherance of the performance of the Contract.
The Contractor shall, at the Owner's request, furnish satisfac-
tory evidence that all obligations of the nature hereinabove
designated have been paid, discharged or waived. If the
Contractor fails so to do, then the Owner may, after having
served written notice on the said Contractor, either directly pay
unpaid bills of which the Owner has written notice, or withhold
from the Contractor's unpaid compensation' a' sum of money deemed
reasonably sufficient to pay any and all such lawful claims until
satisfactory evidence is furnished that all liabilities have been
fullydischarged, whereupon payment to the Contractor shall be
resumed in accordance with the terms of this Contract, but in no
event shall the provisions of this sentence be construed to
impose any obligations upon the Owner to either the Contractor or
his Surety. In paying any unpaid bills of the Contractor, the
Owner shall be deemed the agent of the Contractor, and any
payment so made by the Owner shall be considered as a payment
made under the Contract by the Owner to the Contractor, and the
Owner shall not be liable to the Contractor for any such payments
made in good faith.
No Certificate for a progress payment, nor anyprogress
payment, nor any partial or entire use or occupancy of the
project by the Owner, shall constitute an acceptance of any work
not in accordance with the Contract Documents.
- 24 -
7
7
fj The Contractor shall promptly pay each subcontractor, upon
�l receipt of payment from the Owner, out of the amount paid to the
Contractor on account of such subcontractor's work, the amount to
R which said subcontractor is entitled, reflecting the percentage
l actually retained, if any, from payments to the Contractor on
account of such subcontractor's work. The Contractor shall, by
an appropriate agreement with each subcontractor, require each
subcontractor to make payments to his sub -subcontractors in
similar manner.
42. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND
SUBCONTRACTORS
The Contractor and each subcontractor shall prepare their
payrolls on forms satisfactory to and in accordance with in-
structions to be furnished by the Local Public Agency or Public
Body. The Contractor shall submit weekly•'to the Local Public
Agency or Public Body two certified copies of all payrolls of the
Contractor and of the subcontractors, it being understood that
the Contractor shall be responsible for the submission of copies
j^ of payrolls of all subcontractors. Each such payroll shall
contain the "Weekly Statement of Compliance" set forth in Section
3.3 of Title 29, Code of Federal Regulations. The payrolls and
basic payroll records of the Contractor and each subcontractor
covering all laborers and mechanics employed upon the work
covered by this Contract shall be maintained during the course of
the work and preserved for a period of three,(3) years there-
after. Such payrolls and basic payroll records shall contain the
name and address of each such employee, his correct classifica-
tion, rate of pay (including rates of contributions or costs
�^ anticipated of the types described in Section 1(b)(2) of the
Davis -Bacon Act), daily and weekly number of hours worked,
deductions made and actual wages paid. In addition, whenever the
Secretary of Labor has found under Section 5.5(a)(1)(iv) of Title
4 29, Code of Federal Regulations, that the wages of any laborer or
mechanic include the amount of any costs reasonably anticipated
in providin benefits under a plan or program described in
Section 1(by(2)(8) of the Davis -Bacon Act, the Contractor or
t subcontractor shall maintain records which show that the
commitment to provide such benefits is enforceable, that the plan
or program is financially responsible and that the plan or
program has been communicated in writing to the laborers or
mechanics affected, and records which show the costs anticipated
or the actual cost incurred in providing such benefits. The
Contractor and each subcontractor shall make their employment
records with respect to persons employed by them upon the work
covered by this Contract available for inspection by authorized
representatives of the Secretary of Housing and Urban Develop-
went, the Local Public Agency or Public Body and the United
States Department of Labor. Such representatives shall be
permitted to interview employees of the Contractor or of any
subcontractor during working hours on the job.
- 25 -
43. MINIMUM WAGES (See Exhibit B: In excess of $2,000)
All laborers and mechanics employed upon the work covered by
this Contract shall be paid unconditionally and not less often
than once each week, and without subsequent deduction -or rebate
on any account (except such payroll deductions as are made —
mandatory by law and such other payroll deductions as are
permitted by the applicable regulations issued by the Secretary
of Labor, United States Department of Labor, pursuant to the
Anti -Kickback Act hereinafter identified), the full amount due at
time of payment computed at wage rates not less than those
contained in the wage determination decision of said Secretary of �-
Labor (a copy of which is included in Exhibit B) regardless of
any contractual relationship which may be alleged to exist
between the Contractor or any subcontractor and such laborers and
mechanics. All laborers and mechanics employed upon such work
shall be paid in cash, except that payment may be by check if the
employer provides or secures satisfactory: facilities approved by
the Local Public Agency or Public Body for the cashing of the
same without cost'or expense to the employee. For the purpose of
this clause, contributions made or costs reasonably anticipated
under Section 1(b)(2) of the Davis -Bacon Act on behalf of --
laborers or mechanics are considered wages paid to such laborers
or mechanics, subject to the provisions of Section 5.5(x)(1)(iv)
of Title 29, Code of Federal Regulations. Also forthepurpose
of this clause, regular contributions made or costs incurred for
more than a weeklyperiodunder plans, funds or programs, but
covering the particular weekly period, are deemed to be con-
structively made or incurred during such weekly period.
44. POSTING 'WAGE DETERMINATION DECISIONS AND AUTHORIZED WAGE
DEDUCTIONS
The applicable wage poster of the Secretary of Labor, United
.StatesDepartmentof Labor, and the applicable wage determination
decisions of said Secretary of Labor with respect to the various
classification of laborers and mechanics employed and to be.
employed upon the work covered by this Contract, and a statement
showing all deductions, if any, in accordance with the provisions
of this Contract, to be made from wages actually earned by
persons so employed or to be employed in such classifications,
shall be posted at appropriate conspicuous points at the site of
the work.
45. EMPLOYMENT OF LABORERS OR MECHANICS NOT LISTED IN AFORESAID
WACr nrTrGMTMATTnZ nrPTCTnKic
Any class of laborers or mechanics which isnot listed in
the wage determination decisions and which is to be employed
under the Contract will be classified or reclassified conform-
ably tothewage determination by the Local Public Agency or
Public Body, and a report of the action taken shall be submitted
by the Local Public Agency or Public Body, through the Secretary
of Housing and Urban Development, to the Secretary of Labor,
- 26 -
�I
United States Department of Labor. In the event the interested
parties cannot agree on the proper classification or reclassi-
fication of a particular class of laborers and mechanics to be
used, the question, accompanied by the recommendation of the
Local Public Agency or Public Body, shall be referred; through
the Secretary of Housing and Urban Development, to the Secretary
of Labor for final determination.
F1'
46. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY EMPLOYEES
The transportation of materials and supplies to or from the
site of the Project or Program to
United States Department of Labor. In the event the interested
parties cannot agree on the proper classification or reclassi-
fication of a particular class of laborers and mechanics to be
used, the question, accompanied by the recommendation of the
Local Public Agency or Public Body, shall be referred; through
the Secretary of Housing and Urban Development, to the Secretary
of Labor for final determination.
F1'
46. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY EMPLOYEES
The transportation of materials and supplies to or from the
site of the Project or Program to
which this Contract pertains
by the employees of the Contractor or of any subcontractor, and
(�
the manufacturing or furnishing of materials, articles, supplies
or equipment on the site the
I,
of Project or Program to which this
Contract pertains by persons employed by the Contractor or by
�.
any subcontractor, shall, for the purposes of this Contract,and
without limiting the generality of the foregoing
€
provisions of
this Contract, be deemed to be work to which these Federal tabor
Standards Provisions
are applicable.
47. UNDERPAYMENTS OF WAGES OR SALARIES
In case of underpayment of wages by the Contractor or by any
subcontractor to laborers or mechanics employed by the Contractor
or subcontractor upon the work covered by this Contract, the
Local Public Agency or Public Body, in addition to such other
rights as may be afforded it under this Contract, shall withhold
from the Contractor, out of any payments due the Contractor, so
much thereof as the Local Public Agency or Public Body may
consider necessary to pay such laborers or mechanics the full
amount of wages required by this Contract. The amount so
withheld may be disbursed by the Local Public Agency or Public
Body, for and on account of the Contractor or the subcontractor
(as may be appropriate), to the respective laborers or mechanics
to whom the same is due, or on their behalf to plans, funds or
programs for any type of•fringe benefit prescribed in the
applicable determination.
°i 48. ANTICIPATED COSTS OF FRINGE BENEFITS
If the Contractor does not make payments to a trustee or
other thirdperson, he may consider as part of the wages of any
laborer or mechanic the amount of any costs reasonably antici-
pated in providing fringe benefits under a plan or program of a
type expressly listed in the wage determination decisions of the
Secretary of Labor, which are a part of this Contract: Provided,
the Secretary of Labor has found, upon the written request of the
Contractor, that the applicable standards of the Davis -Bacon Act
have been met. The Secretary of Labor may require the Contractor
to set aside, in a separate account, assets for meeting the
obligations under the plan or program. of
t made by the Secretary of Labor in respect topfringenbenefitsgs
}
- 27 _
being provided by the Contractor must be submitted to the Local
Public Agency or Public Body with the first payroll filed by the
Contractor subsequent to receipt of the findings.
• -A-9a._F.RI.NDE..BENEF.ITS.•N.OT..EXP.RESSED...AS.HOIIRLY WAGE RATES
The Local Public Agency or Public Body shall require,
whenever the minimum rate prescribed in the Contract for a class
of laborers or mechanics includes a fringe benefit which is not
expressed as an hourly wage rate, and the Contractor is obligated
to pay the cash equivalent of such a fringe benefit, an hourly
cash equivalent thereof to be established. In the event the
interested parties cannot agree upon a cash equivalent of the
fringe benefit, the question, accompanied by the recommendation
of the Local Public Agency or Public Body, shall be referred,
"t*hrough the Secretary of Housing and _Urban Development, to the
Secretary of Labor for determination.
50. OVERTIME COMPENSATION REQUIRED BY -CONTRACT WORK HOURS AND
SAFETY STANDARDS ACT 76 STAT. 357-360: TI -TLE 40 U.S.C.
SECTIONS 327-332
(a) Overtime requirements. No Contractor orisubcontractor ^
contracting for any part of the Contract work which may require
or involve the employment of laborers or mechanics,,.
including
watchmen and guards, shall require or permit any laborer or.
mechanic in any work week in which they are employed on such work
to work in excess of 40 hours in such work week unless such
laborer or mechanic receives compensation at a rate: not less than �-
one and one-half gimes their basic rate of pay for all hours
worked in excess of 40 hours in such work week.
(b) Violation: Liability for unpaid wages and liquidated
damaq_es. In the event of any violation of the clause set forth
in paragraph (a) of this Section, the Contractor and any subcon
tractor responsible therefor shall be liable to any affected
employee for his unpaid wages. In addition, such Contractor and
subcontractor shall be liable to the United States for liquidated
damages. Such liquidated damages shall be computedwithrespect
to each individual laborer or mechanic employed in violation of
the clause set forth in paragraph (a) in the sum of $10 for each
calendar day on which such employee was required or permitted to -
work in excess of.the standard work week of 40 hours without
payment of the overtime wages required by the clause set forth in
paragraph (a).
(c) Withholding for liquidated damages. The Local Public
Agency or Public Body shall withhold or cause to be withheld from
any moneys payable on account of work performed by the Contractor
or any subcontractor such sums as may administratively be
- 28 '
determined to be.necessary to satisfy any liabilities of such
Contractor or subcontractor for liquidated damages as provided in
the clause set forth in paragraph (b) of this Section.
(d) Subcontracts. The Contractor shall insert 3n any
subcontract's the clauses set forth in paragraphs (a), (b) and —
(c) of this Section and also a clause requiring the subcon-
tractors to include these clauses in any lower tier subcontract
which they may enter into, together with a clause requiring this
g insertion in any further subcontracts that may In turn be made.
�+ 51. EMPLOYMENT OF APPRENTICES/TRAINEES
(a) Apprentices will be permitted to work at less than the
predetermined rate for the work they perform when they are
employed and individually registered in a bona fide apprentice-
ship program registered with the U. S. Department of Labor,
Manpower Administration, Bureau of Apprenticeship and Training,
or with a State Apprenticeship Agency recognized by the Bureau,
or if a person is employed in his first 90 days of probationary
employment as an apprentice in such an apprenticeship program who
is not individually registered in the program, but who has been
certified by the Bureau of Apprenticeship and Training or a State
Apprenticeship Agency (where appropriate) to be eligible for
probationary employment as an apprentice. The allowable ratio of
apprentices to journeymen in any craft classification shall not
be greater than the ratio permitted to the Contractor as to his
entire work force under the registered program. Any employee
listed on a payroll at an apprentice wage rate who is not a
trainee as defined in paragraph (b) of this Section, or is not
registered or otherwise employed as stated above, shall be paid
the wage rate determined by the Secretary of Labor for the
classification of work he actually performs. The: Contractor or
subcontractor will be required to furnish to the contracting
officer, or a representative of the Wage -Hour Division of the
U.S. Department of Labor, written evidence of the registration of
his program and apprentices, as well as the appropriate ratios
and wage rates (expressed in percentages of the journeymen hourly
rates), for the area of construction prior to using any appren-
tice on the Contract work. The wage rate paid apprentices shall
be not less than the appropriate percentage of the journeyman's
rate contained in the applicable wage determination.
(b) Trainees. Except as provided in 29 CFR 5.15, trainees
will not be permitted to work at less than the predetermined rate
for the work performed unless they are employed pursuant to and
individually registered in a program which has received prior
approval, evidenced by formal certification, by the U. S.
Department of Labor, Manpower Administration, Bureau of Appren-
ticeship and Training. The ratio of trainees to ,journeymen shall
not be greater than permitted under the plan approved by the
Bureau of Apprenticeship and Training. Every trainee must be
paid at not less than the rate specified in the approved program
for his level of progress. Any employee listed on the payroll at
29
a trainee rate who is not registered and participating in a
training plan approved by the Bureau of Apprenticeship and
Training shall be paid notlessthan the.wage'rate determined by
the Secretary:of Labor for the classification of work he actually
performs. The Contractor or subcontractor will be required to
furnish the contracting officer or a representative of the _
Wage -Hour Division of the U.S.'Department'of Labor.written
evidence of.the certification of his program, the registration of
the trainees and the ratios and wage rates prescribed in that
program. In the event the Bureau of Apprenticeship and Training
withdraws approval of 'a'training program, the Contractor will no
longer be permitted to utilize trainees at less than the appli-
cable predetermined rate for the work performed until an accept-
able program is approved.
(c) Equal Employment Opportunity.' The utilization of
apprentices, trainees and journeymen under this part shall be in
conformity with the equal employment opportunity, requirements of
Executive Order 11246, as amended, and 29 CFR Part 30.
52. EMPLOYMENT OF CERTAIN PERSONS PROHIBITED
No person under the age of sixteen years and no person who,
at the time, is serving sentence in a penal or correctional
institution shall be employed on the work covered by this
Contract.
53. REGULATIONS PURSUANT TO SO-CALLED "ANTI -KICKBACK ACT"
The Contractor shall comply with the applicable regulations
(See Exhibit A, attached and herein`incorpo-
r.sted by reference) of the'Secretary of Labor, United States
Department of Labor, made pursuant to the so-called"Anti-Kick-
back Act"�of June 13, 1934 (48 Stat. 9489 62 Stat. 862, 63 Stat.
1089 72 Stat. 967; 62 Stat, 740: Title 18 U.S.C., Section 874
and Title 40 U.S.C., Section 276c) and any amendments or modi-
fications thereof, and shall cause appropriate provisions to be
_inserted in subcontracts to insure compliance therewith by all
subcontractors subject thereto, and shall be responsible for the
submission,of affidavits required by subcontractors thereunder,
except as said Secretary of Labor may specifically provide for
reasonable limitations, variations, tolerances and exemptions
from the requirements thereof.
54. COMPLAINTS, PROCEEDINGS OR TESTIMONY BY EMPLOYEES
No,laborer or mechanic to whom the wage, salary or other
labor standards provisions of -this Contract•sre applicable shall
be diseharged.or in any other manner discriminated against by the
.Contractor or any subcontractor because such employee has filed
I
ny complaint or instituted or -caused to •be' instituted any
proceeding or has testified or is about to testify in any
proceeding under or relating to the labor standards applicable
to his employer under this Contract.
- 30 -
55. CLAIMS AND DISPUTES PERTAINING TO WAGE RATES
Claims and disputes pertaining to wage rates or to clas-
sifications of laborers and mechanics employed upon ttie work
covered by this Contract shall be promptly reported by the
Contractors in writing, to the Local Public Agency or Public Body
for referral by the latter through the Secretary of Housing and
Urban Development to the Secretary of Labor, United States
Department of Labor, whose decision shall be final with respect
thereto.
56. QUESTIONS CONCERNING CERTAIN FEDERAL STATUTES AND
REG111 ATTnm;C
All questions arising under this Contract which relate to
the application or interpretation of (a) the aforesaid Anti -
Kickback Act, (b) the Contract Work Hours ,and Safety Standards
Act, (c) the aforesaid Davis -Bacon Act, (-d) the regulations
issued by the Secretary of Labor, United States Department of
Labor, pursuant to said Acts or (e) the labor standards pro-
visions of any other pertinent Federal statute, shall be
re-ferred, through the Local Public Agency or Public Body and the
( Secretary of Housing and Urban Development, to the Secretary of
Labor, United States Department of Labor, for said Secretary's
appropriate ruling or interpretation, which shall be authori-
tative and may be relied upon for the purposes of this Contract.
57. FINAL COMPLETION AND ACCEPTANCE
When the Contractor
considers that the work, or a designated
portion thereof which is acceptable to the Owner, is
substan-tially complete as defined, the Contractor shall prepare for
i. submission to the Architect a list of items to be completed or
corrected. The failure to include any items on such list does
not alter the responsibility of the Contractor to complete all
work in accordance with the Contract Documents.
�., Within thirty-one (31) days after the Contractor has given
the Architect written notice that the work has been completed or
substantially completed, the Architect and the Owner's Represen-
tative shall inspect the work and within said time, if the work
be found to be completed or substantially completed in accordance
with the Contract Documents, the Architect will then prepare a
Certificate of Substantial Completion, which shall establish the
Date of Substantial Completion, and shall fix the time within
which the Contractor shall complete the items listed therein.
Warranties required by the Contract Documents shall commence on
the Date of Substantial Completion of the Work or designated
portion thereof, unless otherwise provided in the Certificate of
Substantial Completion. The Certificate of Substantial Comple-
tion shall be submitted to the Owner and the Contractor for their
written acceptance of the responsibilities assigned to them in
such Certificate.
- 31
Upon Substantial Completion.of the Work or designated
portion thereof, and upon application by the Contractor and
certification by the Architect, the Owner shall within ten
(10) days issue a certificate of acceptance of the work to
the Contractor. --'
58. FINAL PAYMENT
Upon receipt of written notice that the work is ready for
final inspection and acceptance, and upon receipt of a final
Application for Payment', the Architect will promptly make such
inspection and, when he finds the work acceptable under the
Contract Documents, and the Contract fully performed, he will
prepare a Final Statement of the value of all work performed and
materials furnished under the terms of the Agreement and promptly
issue a final Certificate for Payment, stating that to the best
of his knowledge, information and belief;'and on the basis of his
observations and inspections, the work has been completed in
accordance with the terms and conditions of the Contract Docu-
ments, and that the entire balance found due the Contractor and
noted in said final Certificate, is due and payable. The
Architect's final Certificate for Payment will constitute a
further representation that the 'conditions precedent to the
Contractor's being entitled to final payment, as set 'forth, have
been fulfilled.
Upon receipt of the Architect's Certificate`of Completion,
the Owner's Representative shall, if such Certificate is satis-
factory, submit same to the Owner, who shall pay to the Contrac-
tor on or before the 31st day after .the date of the Certificate
of Completion, the balance due Contractor under the terms of this
Agreement, provided he has fully performed his contractual
obligations under the terms of said Agreement; and said payment
shall become due in any event upon said performance by the
Contractor. Neither the certificate of acceptance,` nor the final
payment, nor any provisions in the Contract Documents shall
relieve the Contractor of the obligation for fulfillment of any
warranty which may be required in the special conditions (if any)
of this Contract or in the specifications made a part of this
Contract.
59. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK
The Contractor shall promptly remove from the Owner's
premises all materials condemned by the Owner's Representative on
account of failure to conform to the Contract, whetheractually
incorporated in the work or not, and the Contractor shall at his
own expense promptly replace such condemned materials with other
materials conforming to the requirements of the Contract. The
Contractor shall also bear the expense of restoring all work of
other contractors damaged by any such removal or replacement. If
the Contractor does not remove and replace any such condemned
- 32 -
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.
60. CORRECTION OF WORK AFTER FINAL PAYMENT
Neither the final payment nor certificate nor any provision
in this Contract shall relieve the Contractor of responsibility
for faulty materials or workmanship, and he shall remedy any
defects due thereto and pay for any damage to other work result-
ing therefrom which shall appear within a period of one (1) year
from the date of substantial completion. The Owner or the
Owner's Representative shall give notice of observed defects with
reasonable promptness.
2. third party claims filed or reasonable evidence
indicating probable filing of such claims,
3.1. failure of the Contractor to make payments properlyto
subcontractors, or for labor, materials or equipmet,
4. reasonable evidence that the work cannot be completed
for the unpaid balance of the Contract Sum,
�^^ 5. damage to the Owner or another contractor,
6. reasonable evidence that the work will not be completed
i
within the Contract time,
7. persistent failure to carry out the work in accordance
with the Contract Documents, or
-33-
61. PAYMENT WITHHELD
The Architect may decline to certify.payment, and may
withhold his Certificate in whole in
or part, to the extent
reasonably necessary to protect the Owner if, in his opinion, he
Is unable to make representations to the Owner as provided. If
the Architect is unable to make
representations to the Owner as
provided, and to certify payment in the amount of the Applica-
tion, he will notify the Contractor. If the Contract or the
Architect
cannot agree on a revised amount, the Architect will
promptly issue a Certificate for Payment for the
amount for which
he is able to make such representations to the Owner. The
Architect may also decline to certify payment or, because of
subsequently discovered evidence or subsequent observations, he
may nullify the whole or any part of any Certificate for Payment
previously issued, or the Owner may
withhold or nullify the whole
or part of any Certificate of Payment, to such extent as may be
necessary to protect the Owner from loss because of:
1. defective work not remedied,
2. third party claims filed or reasonable evidence
indicating probable filing of such claims,
3.1. failure of the Contractor to make payments properlyto
subcontractors, or for labor, materials or equipmet,
4. reasonable evidence that the work cannot be completed
for the unpaid balance of the Contract Sum,
�^^ 5. damage to the Owner or another contractor,
6. reasonable evidence that the work will not be completed
i
within the Contract time,
7. persistent failure to carry out the work in accordance
with the Contract Documents, or
-33-
8. failure to comply with contractual obligations to meet
all federal requirements concerning labor standards.
When the above grounds are .removed, or the Contractor
provides a surety bond satisfactory to the Owner which will
protect the Owner in the amount withheld, payment `shall be made
for amounts withheld because of the above grounds.
62. DELAYED PAYMENT
If within seven days after receipt of the Contractor's
Application for Payment, the Architect does not issue a Certi-
ficate for Payment or notify the Contractor that he is unable to
'make representations to the Owner, as provided in Section 40
herein, or if the Owner does not pay the Contractor within seven
days after the date established in the Contract Documents any
amount certified by the Architect or awarded by arbitration, or
any sum due to the Contractor which is not in dispute, then the
Owner shall pay the Contractor, in addition to the sums shown as
due by such statement or Certificate, interest thereon at the
rate of zero percent per_annum, unless otherwise specified, from
the date due, as provided under partial payments and final
payments heretofore set forth in this Contract, until such sums
are fully paid, which shall fully liquidate any injury to the
Contractor growing out of such delay in payment.
63. TIME OF FILING CLAIMS
It is further agreed by both parties hereto that all
questions of dispute oradjustment presented by the Contractor
shall be in writing and filed with the Owner's Representative
within fifteen (15) days after the Architect has given any
directions, orders or instructions to which the Contractor
desires to take exception. The Owner's Representative shall
reply to such written exceptions by the Contractor and render his
final decision in writing. In case the Contractor should appeal
from the decision of the Owner's Representative, any demand for
arbitration shall be filed with, the Owner's Representative and
the Owner in writing within ten (10) days after the date of
delivery to the Contractor of the final decision of the Owner's
Representative. It is further agreed that final acceptance of the
work by the Owner and the acceptance by the Contractor of the
final payment shall be a bar,to any claim by either party, except
where noted otherwise in the Contract Documents.
64. ARBITRATION
All questions of dispute under this Agreement shall be
submitted to arbitration at the request of either party to the
dispute. The parties may agree upon one arbitrator, otherwise,
.there shall be three; one named in writing by each party and the
third chosen by the two arbiters selected; or if the arbiters
fail to select a third arbiter within ten (10) days, he shall be
chosen by the District Judge, 72nd District of Texas. Each
- 34 -
arbiter shall be a resident of the City of Lubbock. Should the
party demanding arbitration fail to name an arbiter within ten
(10) days of the demand, his right to arbitrate shall lapse, and
the decision of the Owner's Representative shall be final and
binding on him. Should the other party fail to choose an arbiter
within ten (10) days, the Owner's Representative shall appoint
such arbiter. Should either party refuse or neglect to supply
the arbiters with any papers or information demanded in writing,
the arbiters are empowered by both parties to take Ex Parte
Proceedings.
The ters
two shallabeibindingall act on bothwith partiesmtoness. The decision .of any
either or both parties shall s the Contract, unless
date of the award by the arbitersp anditagreedrthat
each party shall have the right of appeal, and all proceedings
shall be according to and governed by the Arbi ration Statutes of
Texas, being Article 224, et se
Statutes. THE DECISION OF THE AotCiv
ARBITERS
UPONAANYtated QUESTIONi1
SUBMITTED TO ARBITRATION UNDER THIS CONTRACT SHALL BE A CON-
DITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION.
The arbiters, if they deem the case demands it, are autho-
rized to award the party whose contention is sustained such sums
as they deem proper for the time, expense and trouble incident to
the appeal, and if the appeal was taken without reasonable cause,
they may award damages for any delay occasioned thereby. The
arbiters shall fix their own compensation, unless otherwise
provided by agreement, and shall assess the costs; and charges of
the arbitration upon either or botharties.
he
arbiters must be made in writing and shell notbeopendtof the
objection on account of the form of proceedings or award.
65. ABANDONMENT BY CONTRACTOR
In case the Contractor should abandon and fail or refuse to
resume work within ten (10) days after written notification from
the Owner's Representative or Architect, or if the Contractor
fails to comply with the orders of the Architect, when such
orders are consistent with this Contract, or the Specifications
hereto attached, then the Surety on the bond shall be notified in
writing and directed to complete the work, and a copy of said
notice shall be delivered to the Contractor.
After receiving said notice of abandonment, the Contractor
shall not remove from the work any machiner
materials or supplies then on the job, but tfieequisame,1etogethers,
with any materials and equipment under the Contract for work, may
be held for use on the work by the Owner or the Surety of the y
Contractor or another and
Contractor in completion of the work;
the Contractor shall not receive any rental or credit therefore
(except when used in connection with Extra Work, where credit
shall be allowed as provided for under Section 25 of this
l .
- 35 -
Contract); it being understood that the use of such equipment and
materials •will ultimately reduce the cost to complete the work
and be reflected in the final settlement.
In case the Surety should fail to commence compliance with
the notice for completion hereinbefore provided for, within ten —
(10) days after service of such notice, then the Owner may
provide for completion of the work in either of the following
elective manners:
(a) The Owner may employ such force of men and use of
machinery, equipment, tools, materials and,supplies as said
Owner may deem necessary to complete the work and,charge the
expense of such labor, machinery, equipment, tools, mate-
rials and supplies to said Contractor`, and the expense so
charged shall be deducted and paid by the Owner out of such
moneys as may be due, or that may thereafter at any time
become due to the Contractor under and by virtue of this
Agreement. In case such expense is less than the sum which
would have been payable under this Contract, if the same had
been completed by the Contractor, then said Contractor shall
receive the difference. Incase such expense is greater
than the sum would have been payable under this Contract, if
the same had been completed by said "Contractor, then the
Contractor and/or his Surety shall `pay the amount of such
excess to the ,Owner; or
(b) The Owner, under sealed bids, after notice
published, es required by law, at least twice in a newspaper
having a general circulation in the county where the -work is
located, may let the contract for the completion of the
work under substantially the same terms and conditions which
are provided in this Contract. In case of any increase in
cost to the Owner under the new contract as compared to what
would have been the cost under this Contract, such increase
shall be charged to the Contractor, and the Surety shall be
and remain bound therefore. However, should the cost to
complete any such new contract prove to be less than that
which would have been the cost to complete the work under
this Contract, the Contractor or his Surety shall be
credited therewith.
When the work shall have been substantially completed, ^
the Contractor and his Surety shall be so notified and
certificates of completion and acceptance, as provided in
Section 57 hereinabove set forth, shall be issued. A
complete itemized statement of the Contract accounts,
certified by the Owner's Representative as being correct,
shall then be prepared and delivered to the Contractor and
his Surety, whereon the Contractor or his Surety or the
Owner, as the case may shall pay the balance due, as
reflectedbysaid statement, within sixty days after the
date of certificate of completion.
- 36 .
r
r
In the event the statement of accounts shows that the
cost to complete the work is less than that which would have
been the cost to the Owner had the work been completed by
the Contractor under the terms of this Contract, or when the
Contractor and/or his Surety shall pay the balance shown to
be due by them to the Owner, then all machinery, equipment,
tools, materials or supplies left on the site of the work
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 to the properownersany machinery, equipment,
tools, materials or supplies which remain on the job site
and belong to persons other than the Contractor of his
Surety.
66. ABANDONMENT BY OWNER
In case the Owner shall fail to comply with the terms of
this Contract, and should fail or refuse to comply with said
terms within ten (10) days after written notification by the
Contractor, then the Contractor may suspend or wholly abandon the
work, and may remove therefrom all machinery, tools and equip-
ment, and all materials on the ground that have not been included
In payments to the Contractor and have not been incorporated into
the work. Thereupon, the Architect shall make an estimate of the
total amount earned by the Contractor, which estimate shall
include the value of all work actually completed by said Con-
tractor at the prices stated in the attached proposal, the value
of all partially completed work at a fair and equitable price,
and the amount of all Extra Work performed at the prices agreed
upon, or provided for by the terms of this Contract, and a
reasonable sum to cover the cost of any provisions made by the
Contractor to carry the whole work to completion, and which
cannot be utilized. The Architect shall then make a final
statement of the balance due the Contractor by deducting from the
above estimate all previous payments by the Owner and all other
sums that may be retained by the Owner under the terms of this
- 37 -
Agreement, and shall certify same to the Owner's Representative.
If the Owner's Representative finds 'the -statement to be satis-
factory, he shall submit it to the Owner, who shell pay to the
Contractor on or before thirty (30) days after the date of the
notification by the.Contractor the balance shown by s$id final
statement as due the Contractor under` the terms of this Agree-
ment.
67. LOSSES FROM NATURAL CAUSES
Unless otherwise specified herein, all loss or damage to the
Contractor arising out of the nature of the work to be done, or
from the action of the elements, or from any unforeseen circum-
stances and the prosecution of the same, or from unusual obstruc-
tions or difficulties which may be encountered in the prosecution
of the work, shall be sustained and borne by the Contractor at
his own cost and expense.
68. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor,
with full, complete and exclusive power and authority to direct,
supervise and control his own employees and to determine the
method for performance of the work covered by this Contract. The
fact that the Owner's Representative or Architect shall have the
right to observe Contractor's work during its performance and to
carry out the other prerogatives which are expressly reserved to
and vested in the Owner, Owner's Representative or Architect
hereunder, is not intended to and shall not at any time change or
affect the status of the Contractor as an independent contractor
with respect to the Owner, Owner's Representative, Architect or
the Contractor's own employees, or to any other person, firm or
corporation.
69. CLEANING -UP
The Contractor shall at all times keep the premises free
from accumulation of debris caused by the work, and'at the
completion of the work he shall remove all such debris and also
his tools, scaffolding and surplus materials, and shall -leave the
work broom clean or its equivalent. The work shall be left in
good order and condition. In case of dispute, the Owner may
remove the debris and charge the cost to the Contractor.
70. CONTRACTOR'S RIGHT TO TERMINATE
The Contractor shall have the right to terminate the
Contract at any time when circumstances beyond the Contractor's
control occur, thru no fault of the Contractor, which prohibit
the completion of the Agreement as contemplated by the parties at
the time of execution. Should the Contractor choose to terminate
this Agreement, he shall accrue no rights to full payment
hereunder and shall receive only a pro rata payment for work
actually performed, the amount of such payment to be assessed by
- 38 -
the Owner. Should the Contractor choose not to terminate, even
though cause exists under this provision, Liquidated damages as
set forth herein shall in no way be affected.
71. RIGHT OF THE OWNER TO TERMINATE CONTRACT
In the
event that any of the provisions of this Contract are
violated by the Contractor, or by any of his subcontractors, the
Owner may serve written notice upon the Contractor and the Surety
of the Owner's intention to terminate the Contract, such notices
to contain the reasons for such intention, :'and unless within ten
(10) days after the serving of such notice upon the Contractor,
such violation or delay shall cease and satisfactory arrangement
of correction be made, the Contract shall, upon the expiration of
said ten (10) days, cease and terminate. In the _event of any
such termination, the Owner shall immediately serve notice
thereof upon the Surety and the Contractor, and the Surety shall
have the right to take over and perform the Contract: Provided,
however, that if the Surety does not commence
nce
within then (10) days from the date of the mailingoto8suchthereof Surety
of notice of termination, the Owner may take over the work and
prosecute the same at the expense of the Contractor and the
Contractor and his Surety shall be liable to the Owner for any
excess cost occasioned the Owner thereby, and in such event the
Owner may take possession of and utilize in completing the work
such materials, appliance and plant as may be on the site of the
work and necessary therefor.
72. BREACH OF FOREGOING FEDERAL LABOR STANDARDS PROVISIONS
In addition to the causes for termination of this Contract
as herein elsewhere set forth, the Local Public Agency or Public
Body reserves the right to terminate this Contract if the
Contractor or any subcontractor whose subcontract covers any of
the work covered by this Contract shall breach any of these
Federal Labor Standards Provisions. A breach
. ese Federal
Labor Standards Provisions may also be grounds ofor hdebarment, as
provided by the applicable regulations issued by the Secretary of
�^ Labor. A breach of Section 45 and the Federal Labor Standards
Provisions may be grounds for termination of the Contractj and
for debarment as provided in 29 CFR 5.6.
73. INTEREST OR MEMBER OF OR DELEGATE TO CONGRESS
No member of or Delegate to Congress or Resident
Commissioner shall be admitted to any share of this Contract or
to any benefit that may arise therefrom, but this
not be construed to extend to this Contract if maderwithfa shall
corporation for its general benefit.
74. OTHER PROHIBITED INTERESTS
No official of the Owner who is authorized in such capacity
and on behalf of the Owner to negotiate, make, accept or apov,
-39..
or to take part in negotiating, making, accepting or approving
any architectural, engineering, inspectionp construction or
material supply contract or any subcontract in connection with
the construction of the project shall become directlyor in- _
directly interested personally in this Contract or in any part _
hereof. No officer, employee, architect, attorney, engineer or
inspector of or for the Owner who is authorized in such capacity
and on behalf of the Owner to exercise any legislative, execu-
tive t
xecu-
tive, supervisory or other similar functions in connection with
the construction of the project shall become directly or indi-
rectly interested personally in this Contract or in any part
thereof, any material supply contract, subcontract, insurance
contract or any other contract pertaining to the project.
75. SPECIAL EQUAL OPPORTUNITY 'PROVISIONS
A. Activities and Contracts Not Subject to Executive Order
11246, as Amended. -�
(Applicable to Federally assisted construction con-
tracts and related subcontracts under $10,000)
During the performance of this Contract`, the Contractor
agrees as follows:
(1) The Contractor shall not discriminate against any
employee or applicant for employment because'of race, color,
religion, sex or national origin. The Contractor shall take -
affirmative action to ensure that applicants for employment
are employed, and that employees are treated during.employ-
ment, without regard to their 'race, color, religion, sex or _
national origin. Such action shall include," but not be
limited to, the following: employment, upgrading,.demotion
or.trensfer; recruitment or recruitment advertising; layoff
or termination; rates of pay or other forms of compensa-
tion; and selection .for training, including apprenticeship.
(2) The Contractor shall post in conspicuous places, --
available to employees and applicants for employment,
notices to be provided by the Contracting Officer setting
forth the provisions of this nondiscrimination clause. The
Contractor shall state that all qualified applicants will
receive consideration for, employment without regard to race,
color, religion, sex or national origin.
(3) The Contractor shall incorporate the foregoing.
requirements in all subcontracts.
B. Contracts SubjecttoExecutive'Order 112469 as _
Amended.
(Applicable to Federally assisted construction
contracts and .related subcontracts exceeding $10,000)
_ 40 -
(3) The Contractor will send to each labor union or
representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a
notice to be provided by the Contract Compliance Officer
advising the said labor union or workers' representative of
the Contractor's commitment under this Section, and shall
post copies of the notice in conspicuous places available to
employees and applicants for employment.
(4) The Contractor will comply with all provisions of
Executive Order 11246 of September 249 1965, and the rules,
j� regulations and relevant orders of the Secretary of Labor.
(5) The Contractor will furnish all information and
reports required by Executive Order 11246 of September 24,
1965, and the rules, regulations and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to his
books, records and accounts by the Department and the
Secretary of Labor for purposes of investigation to ascer-
tain compliance with such rules, regulations and orders.
(6) In the event of the Contractor's noncompliance
with the nondiscrimination clausesof this Contract, or with
any of such rules, regulations or orders, this Contract may
be cancelled, terminated or suspended in whole or in part,
and the Contractor may bedeclaredineligible for further
Government contracts or federally assisted construction
contract procedures authorized in Executive Order 11246 of
7 - 41 -
During the performance of this;Contract, the Contractor
agrees as follows:
(1) The Contractor will not discriminate against any
employee or applicant for employment because of r4ce, color,
religion, sex or national origin. The Contractor will take
4
affirmative action to ensure that applicants for employment
are employed, and that employees are treated' during employ-
ment, without regard to their race, color, religion, sex or
national origin. Such action shall include, but not be
limited to, the followings employment, upgrading, demotion
or transfer; recruitment or recruitment advertising; layoff
or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship. The
Contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be
provided by the Contracting Officer setting forth the
provisions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or
advertisements for employees placed by or on behalf of the
Contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color,
t,
religion, sex or national origin.
(3) The Contractor will send to each labor union or
representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a
notice to be provided by the Contract Compliance Officer
advising the said labor union or workers' representative of
the Contractor's commitment under this Section, and shall
post copies of the notice in conspicuous places available to
employees and applicants for employment.
(4) The Contractor will comply with all provisions of
Executive Order 11246 of September 249 1965, and the rules,
j� regulations and relevant orders of the Secretary of Labor.
(5) The Contractor will furnish all information and
reports required by Executive Order 11246 of September 24,
1965, and the rules, regulations and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to his
books, records and accounts by the Department and the
Secretary of Labor for purposes of investigation to ascer-
tain compliance with such rules, regulations and orders.
(6) In the event of the Contractor's noncompliance
with the nondiscrimination clausesof this Contract, or with
any of such rules, regulations or orders, this Contract may
be cancelled, terminated or suspended in whole or in part,
and the Contractor may bedeclaredineligible for further
Government contracts or federally assisted construction
contract procedures authorized in Executive Order 11246 of
7 - 41 -
September 24, 1965, or by rule, regulation or order of the
Secretary of Labor, or as otherwise provided by laws.
(7) The Contractor will include the portion of the
sentence immediately p.receding'paregraph B(1) o`f-this
Section, and the provisions of paragraphs (1) through (7)
which _follow, in every subcontract or purchase order unless
exempted by rules, regulations or order's of the Secretary of
Labor issued pursuant to Section.204'of Executive Order
11246 of September 24, 1965, so that such provisions will be
binding upon each subcontractor or vendor. The Contractor
will take such action with respect to shy subcontractor or
purchase order as the Department may direct as a.means of
enforcing such provisions, including sanctions for noncom-
pliance: Provided, however, that in the event,a Contractor
becomes involved in, or is threatened with, litigation with
a subcontractor or vendor as 'a result of such direction by
the Department, the Contractor"may request the United States
to enter such litigation to protect the interest of the
United States.
C. "Section 3" Compliance in the Pr
Employment and Business hnnnrtun
ovision of Traininc
es:
(Applicable to Federally assisted construction con-
tracts and related subcontracts exceeding $10,000)
During the performance of this Contract, the Contractor
agrees as follows:
(1) The Contractor agrees to'Comply with the
requirements of Section 3 of the Housing and Urban
Development Act of 1968 (12 USC 170(u)), as amended,
the HUD regulations issued pursuant thereto at 24 CFR
Part 135, and any applicable rules and orders of HUD
issued thereunder.
(2) The "Section 3" set forth.in 24 CFR 135.20(b)
shall form part of this 'Contract, as set forth in
Paragraph 1 of the General Conditions, "Contract and
Contract Documents."
(3) Contractors shall incorporate the "Section 3
clause" shown below and the foregoing requirements in
all subcontracts.
Section 3 Clause as set forth in 24 CFR 135.20(b)
A. The work to be performed under this Controct is on
a project assisted under a program providing direct Federal
financial assistance from the Department of,Housing and
Urban Development and is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968,
as amended, 12 U.S.C. 1701u. Section 3 requires that to the
- 42 _ -
r
7
greatest extent feasible opportunities for training and
employment be given lower income residents of the project
area, and contracts for work in connection with the project
be awarded to business concerns which are located in, or
owned in substantial part by persons residing in -the area
of the project.
B. The parties to this 'Contract will comply with the
provisions of said Section 3 and the regulations issued
pursuant thereto by the Secretary of Housing and Urban
Development and set forth in 24 CFR 135.20(b), and all
applicable rules and orders of the Department issued
thereunder, prior to the execution of this Contract. The
parties to this Contract certify and agree that they are
under no contractual or other disability which would prevent
them from complying with these requirements.
C. The Contractor will send to each labor organization
or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, if
any, a notice advising the said labor organization or
workers' representative of his commitments under this
Section 3 clause, and shall post copies of the notice in
conspicuous places available to employees and applicants for
employment or training.
F - 43 -
D. The Contractor will include this Section 3 clause
in every subcontract for work in connection with the project
and will, at the direction of the applicant for or recipient
of Federal financial assistance, take appropriate action
pursuant to a subcontract upon a finding that a Subcontrac-
tor is in violation of regulations issued by the Secretary
_
of Housing and Urban Development, 24 CFR 135.20 (b). The
Contractor will not subcontract with any subcontractor
where the Contractor has notice or knowledge that the
subcontractor has been found in violation of regulations
under 24 CFR 135.20''(b), and will not let any subcontract
unless the subcontractor has first provided said Contractor
with a preliminary statement of ability to comply with the
requirements of these regulations.
E. Compliance with the provisions of Section 3, the
regulations set forth in 24 CFR 135.20(b),
and all appli-
cable rules and orders of the Department issued thereunder
prior to the execution of the Contract, shall be a condition
of the Federal financial assistance provided to the project,
lG
[�
binding upon the applicant or recipient for such assistance,
its successors and assigns. Failure to ,fulfill these
requirements shall subject the applicant or recipient, its
contractors and subcontractors, its successors and assigns
to those sanctions specified by the grant or loan agreement
or contract through which Federal assistance is provided,
and to such sanctions as are specified by 24 CFR 135.20(b).
F - 43 -
76. ,CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS
(Applicable to Federally assisted construction contracts and
related subcontracts exceeding $100,000)
Compliance with Air and Water Acts
During the performance of this Contract, the Contractor
and all subcontractors shall comply with the requirements of
the Clean Air Act,, as amended, 42 USC 1857 et seq., and the
Federal Water Pollution Control Act, as amended, 33 USC 1251
et seq., and the regulations of the Environmental Protection
Agency with respect thereto, at 40 CFR Part 15, as amended.
In addition to the foregoing requirements, all non-
exempt contractors and subcontractors shall furnish to the
Owner the following:
(1) A stipulation by the Contractor or subcon-
tractors that any facility to be utilized in the
performance of any nonexempt contract or subcontract
is not listed on the List of Violating Facilities
issued by the Environmental Protection Agency (EPA)
pursuant to 40 CFR 15.20.
(2) An agreement by the Contractor to comply with
all the requirements of Section 114 of the Clean Air
Act, as amended, (42 USC 1857c-8) and Section 308 of
the Federal Water Pollution Control Act, as amended,
(33 USC 1318) relating to inspection, monitoring, ,
entry, reports and information, as well as all other
requirements specified in said Section 114 and Section
308, and all regulations and guidelines issued there-
under.
(3) A stipulation that as a condition for the
award of the Contract, prompt notice will be given of
any notification received from the Director, Office of
Federal Activities, EPA, indicating that a facility
utilized, or to be utilized for the contracts, is under
consideration to be listed on the EPA List of Violating
Facilities.
(4) An agreement by the Contractor that he will
include, or cause to be included, the criteria and
requirementsin paragraphs (1) through (4) of this
Section in every nonexempt subcontract and requiring
that the Contractor will take suchactionas the
Government may direct as a meansofenforcing such
provisions.
- 44 - .
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r
77. SPECIAL CONDITIONS PERTAINING TO HAZARDS,SAFETY STANDARDS
^kit% Af`f' MrMT 00r1/r L?TTnLf
A. Lead -Based Paint Hazards
(Applicable to contracts and related subcontracts for —
construction or rehabilitation of residential structures
exceeding $100,000)
The construction or rehabilitation of residential
structures is subject to the HUD Lead -Based Paint regula-
tions, 24 CFR Part 35. The Contractor and subcontractors
shall comply with the provisions for the elimination of
lead-based paint hazards under sub -part B of said regula-
tions. The Owner will be responsible for the inspections
and certifications required under Section 35.14(f) thereof.
B. Use of Explosives
The use of explosives will not be permitted unless
written permission to do so is obtained by the Contractor
from the City. When the use of explosives is necessary for
the prosecution of the work, the Contractor shall observe
all local, state and Federal laws in purchasing and handling
explosives. The Contractor shall take all necessary
precautions to protect completed work, neighboring property,
water lines or other underground structures. Where there is
danger to structures or property from blasting, the charges
shall be reduced and the material shall be covered with
suitable timber, steel or rope mats.
The Contractor shall notify all owners of public
utility property of his intention to use explosives at least
eight hours before blasting is done close to such property.
Any supervision or direction of use of explosives by the
Engineer does not in any way reduce the responsibility of
the Contractor or his Surety for damages that may be caused
by such use.
C. Danger Signals and Safety Devices
The Contractor shall make all necessary precautions to
guard against damages to property and injury to persons. He
shall put up and maintain in good condition sufficient red
or warning lights at night, suitable barricades and other
devices necessary to protect the public. In case the
Contractor fails or neglects to take such precautions, the
Owner may have such lights and barricades installed and
rj charge the cost of this work to the Contractor. Such action
►� by the Owner does not relieve the Contractor of any liabi-
lity incurred under these specifications or Contract.
i
E -
45 -
78. NONDISCRIMINATION AGAINST THE HANDICAPPED - SECTION 504
The Contractor shall not discriminate against any otherwise
qualified handicapped employee or applicant for employment solely
by reason of his handicap. The Contractor shall comply with
Section 504 of the Rehabilitation Act of 1973 (P.L. 93-112) as
amended (129 U.S.CA. §794).
46 - '
low
EXHIBITS
A. COPELAND ANTI—KICKBACK REGULATIONS
0. CURRENT WAGE DETERMINATIONS
(THIS PAGE LEFT BLANK INTENTIONALLY)
i
EXHIBIT A
ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS
SO-CALLED "ANTI-KICKP.ACK ACT" AND REGULATIONS PROMULGATED
PURSUANT THERETO BY THE SECRETARY OF LABOR,
UNITED STATES DEPARTMENT OF LABOR
TITLE 98, U.S.C., Section 874
(Replaces Section 1 of the Act of June 13, 1934 (48 Stat. 9489 40
U.S.C., Sec. 276b) pursuant to the Act of June 25, 19489 62 Stat.
862)
j KICKBACKS FROM PUBLIC WORKS EMPLOYEES.
Whoever, by force, intimidation, or threat of procuring
dismissal from employment, or by any other manner whatsoever
induces any person employed in the construction, prosecution,
completion or repair of any public building, public work, or
building or work financed in whole or in part by loans or grants
from the United States, to give up any part of the compensation
to which he is entitled under his contract of employment, shall
be fined not more than $5,000 or imprisoned not more than five
years, or both.
SECTION 2 OF THE -ACT OF JUNE 13 ,1934, AS AMENDED (48 Stat. 9489
62 Stat. 862, 63 Stat. 108, 72 Stat. 967, 40 U.S.C., Sec. 276c)
The Secretary of Labor shall make reasonable regulations for
contractors and subcontractors engaged in the construction,
prosecution, completion or repair of public buildings, public
works or buildings or works financed in whole or in part by loans
or grants from the United States, including a provision that each
contractor and subcontractor shall furnish weekly a statement
with respect to the wages paid each employee during the preceding
week. Section 1001 of Title 18 (United States Code) shall apply
to such statements. -
---XXX---
Pursuant to the aforesaid Anti -Kickback Act, the Secretary
of Labor, United States Department of Labor, has promulgated the
regulations hereinafter set forth, which regulations are found in
Title 29, Subtitle A, Code of Federal Regulations, Part 3. The
term "this part," as used in the regulations hereinafter set
forth, refers to Part 3 last above mentioned. Said regulations
are a follows:
TITLE 29 - LABOR
Subtitle A - Office of the Secretary of Labor
PART 3 - CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR
PUBLIC WORK FINANCED IN WHOLE OR IN PART BY LOANS OR
GRANTS FROM THE UNITED STATES
171
Section 3.V Purpose and scope.
This part prescribes "anti -kickback" regulations under
Section 2 of the Act of June 13, 1934, as amended (40 U.S.C.
276c), popularly known as the Copeland Act. This part applies to
any -contract which is subject to Federal wage standards and which
is for the construction, prosecution, completion, or repair of
public buildings, public works or buildings or works financed in
whole or in part by loans or grants from the United States. The ^
part is intended to aid in the enforcement of the minimum wage
provisions of the Davis -Bacon Act and the various statutes
dealing with Federally -assisted construction that contain similar
minimum wage provisions, including those provisions which are not
subject to Reorganization Plan No. 14 (e.g., the College Housing
Act of 1950, the Federal Water Pollution Control Act, and the
Housing Act of 1959), and in the enforcement of the overtime
provisions of the Contract Work Hours Standards Act whenever they
are applicable to construction work. The part details the _
obligation of contractors and subcontractors relative to the
weekly submission of statements regarding the wages paid on work
covered thereby; sets forth the circumstances and procedures
governing the making of payroll deductions; from the wages of
those employed on such work; and delineates the'methads of
payment permissible on such work.
Section 3.2 Definitions.
As .used in the regulations in this part:
(a) The terms "building" or "work" generally includes
construction activity as distinguished from manufacturing,
furnishing of materials, or servicing and maintenance work. The
terms include, without limitation, buildings, structures, and -
improvements of all types, such as bridges, dams, plants,
highways, parkways, streets, subways, tunnels, sewers, mains,
power lines, pumping stations, railways, airports, terminals,
docks, piers, wharves, ways, lighthouses, buoys, jetties,
breakwaters, levees, and canals; dredging, shoring, scaffolding,
drilling, blasting, excavating, clearing, and landscaping,
Unless conducted in connection with and at the site of such a
building or work as is described in the foregoing sentence, the
manufacture or furnishing of materials, articles, supplies, or
equipment (whether or not a Federal or State agencyacquires
title to such materials, articles, supplies, or equipment during
the course of the manufacture or furnishing, or owns the mate-
rials from which they are manufactured or furnished) is not a
"building" or "work" within the meaning of the regulations in
this part.
(b) The terms "conditions", "prosecution", "completion", or
"repair" mean all types of work done on a particular building or
work at the site thereof, including, without limitation, alter-
ing, remodeling, painting and decorating, the transporting of
materials and supplies to or from the buildinq or work by the
M The term "any affiliated person" includes a spouse,
child, parent, or other close relative of the contractor or
subcontractor, a partner or officer of the contractor or sub-
contractor, a corporation closely.connected with the contractor
or subcontractor as parent, subsidiary or otherwise, and an
officer or agent of such corporation.
(g) The term "Federal agency" means the United States, the
District of Columbia, and all executive departments, independent
establishments, administrative agencies, and instrumentalities of
the United States and of the District of Columbia, including
corporations, all or substantially all of the stock of which is
beneficially owned by the United States, by the District of
Columbia, or any of the foregoing departments, establishments,
agencies, and instrumentalities.
Section 3.3 Weekly statement with respect to payment of wages.
(a) As used in this section, the term "employee" shall not
apply to persons in classifications higher than that of laborer
or mechanic and those who are the immediate supervisors of such
employees.
r
employees p oyees of the construction contractor or construction sub-
contractor, and the manufacturing or furnishing of materials,
articles, supplies, or equipment on the site of the building or
work, by personsemployed at the site by the contractor or
subcontractor.
(c) The terms "public building" or "public work" include —
building or work for whose construction, prosecution, completion,
or repair, as defined above, a Federal agency is a contracting
party, regardless of whether title thereof is in a federal
I
agency.
(d) The term "building or work financed in whole or in part
by loans or grants from the United States" includes building or
work for whose construction, prosecution, completion, or repair,
as defined above, payment or part payment is made directly or
indirectly from funds by loans or by Federal
provided grants a
agency. The term does not include building or work for which
Federal assistance is limited solely to loan guarantees or
insurance.
(e) Every person paid by a contractor or subcontractor in
any manner for his labor in the construction, prosecution,
completion, or repair of a public building or public work or
building or work financed in whole or in part by loans or grants
from the United States is "employed" or receiving "wages",
regardless of any contractual relationship alleged to exist
between him and the real employer.
M The term "any affiliated person" includes a spouse,
child, parent, or other close relative of the contractor or
subcontractor, a partner or officer of the contractor or sub-
contractor, a corporation closely.connected with the contractor
or subcontractor as parent, subsidiary or otherwise, and an
officer or agent of such corporation.
(g) The term "Federal agency" means the United States, the
District of Columbia, and all executive departments, independent
establishments, administrative agencies, and instrumentalities of
the United States and of the District of Columbia, including
corporations, all or substantially all of the stock of which is
beneficially owned by the United States, by the District of
Columbia, or any of the foregoing departments, establishments,
agencies, and instrumentalities.
Section 3.3 Weekly statement with respect to payment of wages.
(a) As used in this section, the term "employee" shall not
apply to persons in classifications higher than that of laborer
or mechanic and those who are the immediate supervisors of such
employees.
r
W Each contractor or subcontractor engaged in the
construction, prosecution, completion, or repair of any public
building or public work, or building or; work financed in whole or
in part by loans or grants from the United States,, shall furnish
each week a statement with respect to the wages paid each of its
employees engaged on work covered by,29 CER Parts 3 and 5 during
the preceding weekly payroll period." This statement shall be =
executed by the contractor or subcontractor or by an authorized
officer or employee of the contractor or subcontractor who
supervises the payment of wages, and shall be on form WH 348
"Statement of Compliance", or on an identical form on the back of
WH 347, "Payroll (For Contractors Optional Use)" or on any form
with identical wording. Sample copies of WH 347 and WH 348 may
be obtained from the Government contracting or sponsoring.-
agency,
and copies of these forms maybe purchased at the Government
Printing Office.
(c) The requirements ofIthis section shall not apply to any
contract of $2,000 or less. —
(d) Upon a written finding by the head of a Federal agency,
the Secretary of Labor may provide reasonable limitations,
variations, tolerances, and exemptions from the requirements of
this section subject to such conditions as the Secretary of Labor
may specify.
(29 F.R. 95, Jan. 4,'1964, as amended at 33 F.R. 10186, July 17, 1968)'
Section 3.4 Submission of weekly statements and the preservation
and inspection of weekly payroll records.
(a) Each weekly statement required under Section 3.3 shall
be delivered by the contractor or subcontractor, within seven _
days after the regular payment date of the payroll period, to a
representative of a Federal or State agency in charge at site of
the building or work, or, if there is no representative of a "-
Federal or State agency at the site of the building or work,.the
statement shall be mailed by the contractor or subcontractor,
within such time, to a Federal or state agency' contracting for or
financing the building or work. After such examination and check
as may be made, such statement, or a copy thereof, shall be kept
available, or shall be transmitted together with a report of any
violation, in accordance with applicable procedures prescribed by
the United States Department of Labor.
(b)' Each contractor or subcontractor shall preserve his —
weekly payroll records for a period of three years from date of
completion of the contract.' The payroll records shall set out
accurately and completely the name and address of each laborer
and mechanic, his correct classification, rate of pay, daily and
weekly number of hours worked, deductions made, and actual wages
paid. Such payroll records shall be made available at ell times
for inspection by the contracting officer or his authorized
representatives of the Department of Labor.
Section 3.5 Payroll deductions permissible without application
to or approval of the Secretary of Labor.
Deductions made under the circumstances or in the situations
described in the paragraphs of this section may be made without
application to and approval of the Secretary of Labor:
(a) Any deduction made in compliance with the requirements
of Federal, State, or local law, such as Federal or State
withholding income taxes and Federal social security taxes.
(b) Any deduction of sums previously paid to the employee
as a bona fide prepayment of wages when such prepayment is made
without discount or interest. A "bona fide prepayment of wages"
Is considered to have been made only when cash or its equivalent
has been advanced to the person employed in such manner as to
give him complete.freedom of disposition of the advanced funds.
l(c) Any deduction of amounts required by court process to
` be paid to another, unless the deduction is in favor of the
contractor, subcontractor or any affiliated person, or when
r' collusion or collaboration exists.
(d) Any deductions constituting a contribution on behalf of
the person employed to funds established by the employer or
representatives of employees, or both, for the purpose of
providing either from principal or income, or both, medical or
hospital care, pensions or annuities on retirement, death
benefits, compensation for injuries, illness, accidents, sick-
ness, or disability, or for insurance to provide any of the
foregoing, or unemployment benefits, vacation pay, savings
-'accounts, or similar payments for the benefit of employees, their
families and dependents: Provided, however, that the following
standards are met: (1) The deduction is not otherwise prohibited
by law; (2) it is either: (i) Voluntarily consented to by the
employee in writing and -in advance of the period in which the
work is to be done and such consent is not a condition either for
the obtaining of or for the continuation of employment, or (ii)
provided for in a bona fide collective bargaining agreement
between the contractor or subcontractor and representatives of
its employees; (3) no profit or other benefit is otherwise
obtained, directly or indirectly, by the contractor or subcon-
tractor or any affiliated person in the form of commission
dividend, or otherwise; and (4) the deductions shall serve �the
convenience and interest of the employee.
(e) Any deduction contributing toward the purchase of
United States Defense Stamps and Bonds when voluntarily autho-
rized by the employee.
(f) Any deduction requested by the employee to enable him
to repay loans to or to purchase shares'in credit unions orga-
nized and operated,in;accordance -with Federal and State credit
union statutes.
(g) Any deduction voluntarily authorized by the employee
for the making of contributions to governmental`or'quasi-
governmental agencies, such as the American Red Cross.
(h) Any deduction voluntarily authorized bye the employee
for the making of contributions to Community Chests, United
Givers Funds, and similar charitable organizations.
(i) Any deductions to pay regular union initiation fees and
membership dues, not including fines or special assessments:
Provided, however, that a collective bargaining agreement between
the contractor or subcontractor and representatives of its
employees provides for such deductions and the deductions are not
otherwise prohibited by law. —
(j) Any deduction not more than for the "reasonable cost"
of board, lodging, or other facilities meeting the requirements
of section 3(m) of the Fair Labor Standards Act of 1938, as
amended, and Part 531 of this title. When such a deduction is
made the additional records required under'Section 516.27(x) of
this title shall be kept. "
Section 3.6 Payroll-deductions permissible with the approval of
the.Secretary of Labor.
Any contractor or subcontractor may apply to the Secretary
of Labor for permission to make any deduction not permitted under _
Section 3.5. The Secretary may grant permission whenever he
finds that: -
(a) The contractor, subcontractor, or any affiliated person
does not make a profit or benefit directly or indirectly from the
deduction either in the form of a commission, dividend, or
otherwise;
(b) The deduction is not otherwise prohibited by law;`
(c) The deduction is Jeither (1) voluntarily consented to by
the employee in writing and in advance of the period in'which the
work is to be done and such consent is not a condition either for
the obtaining of employment or its continuance, or r(2) provided
for in a bona fide collective bargaining agreement between the
contractor or subcontractor and representatives of its.`employees;
and
(d) The deduction serves the convenience and interest of
the employee. —
Section 3.7 Applications for the approval of the Secretary of
Labor.
Any application for the making of payroll deductions under
Section 3.6 shall comply with the requirements prescribed in the
following paragraphs of this section:
(a) The application shall be in writing and shall be
addressed to the Secretary of Labor.
(b) The application shall identify the contract or con-
tracts under which the work in question is to be performed.
Permission will be given for deductions only on specific,
identified contracts, except upon a showing of exceptional
,�. circumstances.
(c) The application shall state affirmatively that there is
compliance with the standards set forth in the provisions of
Section 3.6. The affirmation shall be accompanied by a full
statement of the facts indicating such compliance.
(d) The application shall include a description of the
proposed deduction, the purpose to be served thereby, and the
classes of laborers or mechanics from whose wages the proposed
deduction would be made.
(e) The application shall state the name and business of
any third person to whom any funds obtained from the proposed
deductions are to be transmitted and the affiliation of such
person, if any, with the applicant.
Section 3.8 Action by the Secretary of Labor upon applications.
The Secretary of Labor shall decide whether or not the
requested deduction is permissible under provisions of Section
3.6; and shall notify the applicant in writing of his decision.
Section 3.9 Prohibited payroll deductions.
Deductions not elsewhere for by this part and which are not
found to be permissible under Section 3.6 are prohibited.
Section 3.10 Methods of payment of wages.
The payment of wages shall be by cash, negotiable instru-
ments payable on demand, or the additional forms of compensation
for which deductions are permissible under this part. No other
methods of payment shall be recognized on work subject to the
Copeland Act.
Section 3.11 Regulations part of contract.
All contracts made with respect to the construction,
prosecution, completion, or repair of any public building or
r
i
public work or building or work financed in whole or in part by
loans or grants from the United States covered by the regulations _
in this part shall expressly bind the contractor or subcontractor
to comply with such of the regulations in this part as may be
applicable." In this regard, see Section 5.5 (a) of this sub-
title.
EXHIBIT 8
WAGE DETERMINATIONS
(Obtain from Community Development Office)
Subject to Change 10 Days
Prior to Bid Opening
(THIS PAGE LEFT BLANK INTENTIONALLY)
pl-
V i;:....
Chris Hooper, Administrative Assistant
Community Development
City of Lubbock
PO Box 2000
Lubbock, TX 79457
Dear Mr. Iioover:
U. S. Department of Housing and Urban Development
Fort Worth Office, Region VI
1600 Throckmo►ton
P.O. Box 2905
Fort Worth, texas 76113-2905
Subject: HUD Project number 8-91-I.1C-48-0022
installation of Security Lighting at Guadalupe Strip Park
Lubbock. (Lubbock County), TX
Enclosed is wage decision number TX91-28/657 (general wage decision),
which currently includes one (1) modification, and is applicable to
construction of the project cited above. General t•Tage Decisions have no
expiration date; however, they are subject to modification and/or supersedeas
action by the U. S. Department of Labor. It is important that each wage
decision be verified as current by calling this office at (ell) Ae5-5829 ten
(10) days prior to bic? opening. Any supersedeas decision or modification
announced in the Federal Register ten (10) days prior to bid opening will be
applicable to the subject project. If the contract has not been awarded
within ninety (90) days after bid opening, any modifications announced prior
to award of that contract will be effective.
The applicable wage decision, including modifications, must be made a
part of the bid documents (if any) or invitations for proposals, and made a
part of every subsequent contract and subcontract for construction work on the
project. The wage rates contained therein shell be the ninimum Fuge rates to
be paid under such contracts by contractors and subcontractors on the job.
The Federal Labor Standards Provisions (HUD -4010) must also be included in all
contracts, subcontracts, and any lower -tier subcontracts. We are enclosing a
HUD -4010 forri for your use. It is the Prine Contractor's responsib.lity to
ensure inclusion of wage rates and labor standards provisions in all
subcontracts.
The recipient must hold a preconstruction conference with the principal
contractor and all available subcontractors prior to start of construction, at
Which time they shall be advised of their responsibilities and obliraticns
regare ng the Federal Labor Standards Provisions and the Drage decision
�.. contained in the contract documents. A copy of the Preconstructicn Minutes
must be kept in the City's files.
Enclosed is a poster which is required to be posted in a prominent place
on the job site, readily accessible to the workers, along with a copy of the
wage decision.
8
2
ve are also enclosing a Start Work Notice form which you should complete
and return as notification when construction begins on the project.
DHUD, Labor Relations, 6SL
1600 Throckmorton
Po Box 2905
Fort t•7orth, TX 76113-2905
if you need additional information, please feel free to contact our
Labor Relations staff at (917) 885-5829.
Sincerely,
Ferias E. Fergu on
Labor Relations; Officer
Enclosures
General Decision Number TX910028/4,57
Superseded General Decision No. TX9000:o
State: TEXAS
Construction Type:
Highway
County(ies):
ECTOR MIDLAND RANDALL
LUBBOCK POTTER '1'A V T I)D
TOM GREEN
HEAVY (excluding tunnels & dams) and HIGHWAY PROJECTS (does not
include building structures in rest area projects).
Modification Number Publication Date
1 12/13/1991
TX910028 1
COUNTY(ies):
ECTOR MIDLAND
RANDALL TOM GREEN
LUBBOCK POTTER
TAYLOR
Craft Group Name:
Craft/Rate Text Block: SUTX2037A
1 11/13/1991
Basic Fringe
Hourly Benefits
Rate
ASPHALT HEATER OPERATOR
$7.467
ASPHALT RAKER
7.267
ASPHALT SHOVELER
6.400
BATCHING PLANT WEIGHER
9.799
CARPENTER
8.153
CARPENTER HELPER
6.881
CONCRETE FINISHER -PAVING
7.496
CONCRETE FINISHER HELPER PAVING
6.500
CONCRETE FINISHER STRUCTURES
8.148
• CONCRETE FINISHER HELPER STRUCTURES
6.987
ELECTRICIAN
10.000
ELECTRICIAN HELPER
9.500
FLAGGER
5.500
FORM BUILDER -STRUCTURES
8.021
' FORM BUILDER HELPER STRUCTURES
7.000•
FORM SETTER - PAVING & CURB
8.300
FORM SETTER HELPER -PAVING & CURB
6.307
TX910028 - 2
FORM SETTER -STRUCTURES
7.839
FORM SETTER HELPER STRUCTURES
6.479
LABORER -COMMON
6.018
LABORER UTILITY
7.102
MECHANIC
10.282
MECHANIC HELPER
8.000
OILER
8.233
SERVICER
7.823
PIPE LAYER
7.000
PIPE LAYER HELPER
6.250
ASPHALT DISTRIBUTOR OPERATOR
7.972
ASPHALT PAVING MACHINE
8.187
BROOMY OR SWEEPER OPERATOR
6.411
BULLDOZER .
7.963
CONCRETE PAVING CURING MACHINE
9.100
CONCRETE PAVING FINISHING MACHINE
8.075
CON6RETE PAVING JOINT SEALER
7.750
C014CRETE PAVING SAW
10.063
CONCRETE PAVING SPREADER
9.100
RFT"rnRCTNr: STEEL MACHINE,
6.500
SLIPFORM MACHINE OPERATOR`
9.000
CRANE, CLAMSHELL, BACKHOE
DERRICK, DRAGLINE, SHOVEL
LESS THAN 1 1/2 C.Y.
8.574
CRANE, CLAMSHELL, BACKHOE
DERRICK, DRAGLINE, SHOVEL
1 1/2 C.Y. & OVER
10.043
CRUSHER OR SCREENING PLANT
OPERATOR
7.500
FOUNDATION DRILL OPERATOR
CRAWLER MOUNTED
9.000
Ta91002814OS 3
FOUNDATION DRILL OPERATOR
TRUCK MOUNTED
10.750
_
FOUNDATION DRILL OPERATOR
HELPER
7.050
FRONT END LOADER - 2 1/2 C.Y.
& LESS
7.498
FRONT END LOADER - OVER 2 1/2
^
C.1.
7.669
HOIST - DOUBLE DRUM
8.100
MOTOR CRADEn OPERATOR
FINL GP.r,DE
10.343
_
MOTOR GRADER
9.835
PAVEMENT MARKING MACHINE
9.150
_
PLANER OPERATLOFF
10.458
ROLLE'r., STEEL j.:HEEL PLAIIT
6.828
ROLLER, STEEL 1 HEEL OTHER,
FLATWHEEL OR TA14PING
6.474
.ROLLER, PNEUMATIC SELF-PROPELLED
6.455
--
SCRAPER-2 C.Y. & LESS
7.546
SCRAPER-LIVER 17 C.Y.
7.655
SIDE BOOM
6.350
TRACTOR.-CRAWLER TYPE 150-HP
i:..0 LLS
7.290
' TRACTOR-CRAWLER TYPE OVER
150 HP-
10.750
TRACTOR - PNEUMATIC
7.422
--
REI14FORCIIdG STEEL SETTER
PAVING
7.926
REINFORCING STEEL SETTER
STRUCTURES
9.086
REINFORCING STEEL SETTER
HELPER
7.772
Ta91002 c - 4
STEEL WORKER - STRUCTURAL
'9.000
STEEL WORKER HELPER STRUCTURAL
6.250
SPREADER BOX OPERATOR
7.332
BARRICADE SERVICER WORK ZONE
6.500
TRUCK DRIVER -SINGLE AXLE LIGHT
6.592
TRUCK DRIVER -SINGLE AXLE HEAVY
6.791
TRUCK DRIVER -TANDEM AXLE SEMI
TRAILER
7.130
TRUCK DRIVER-LOWBOY/FLOAT
8.868
TRUCK DRIVER -TRANSIT MIX
6.891
WELDER
11.827
WELDER HELPER
8.290
Unlisted classifications needed for work not included within the
scope of the classifications listed may be added after award only
as provided in the labor standards contract clauses (29 CFR
5.5(a) 1(ii)).
END OF GENERAL DECISION
TX910028145
(THIS PAGE LEFT BLANK INTENTIONALLY)
I
F.
r
Feaeral Labor Standards Provisions
Appbicability
The Project Or Program to which the construction work covered by this
contract pertains is being assisted by the United States of America and the
following Federal tabor Standards Provisions are included in this Contract
pursuant to the provisions applicable to such Federal assistance.
A t. (1) Minimum Wages. All laborers and mechanics employed Or work.
ing upon the site of the work (Or under the United States Mousing Act of
1937 at under the Housing Act of 1949 in the construction or development
of the project). wall 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 tabor under the Copeland Act (29 CFR Part 3i, the full amount
of wages and bona title fringe benefits (or cash equivalents theredl) due at
Sme of payment computed at aces not toss than those contained in the
wage determination of the Secretary of tabor which is attached hereto and
made a pan hereof, regardless of any contractural 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 14b)(2) of the Davis -Bacon Act on behalf
of laborers or mechanics are considered wages paid to such laborers or
mechanics, subject to the provisions of 29 CFR'5.5(aXlXiv); also, regular
contributions made or costs incurred for more than a weekly period (but
not less Often than quarterly) under plans, funds, or programs, which cover
the particular weekly period, are deemed to be constructively made or
incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate
and fringe benefits on the wage determination for the classification of work
actually performed, without regard to skill, except as provided in 29 CFR
Part 5_5(aX4). Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classifica-
ton for the time actually worked therein: Provided. That the employer's pay-
roll records accurately set forth the time spent in each classification in
which work is performed. The wage determination (including any additional
classification and wage rates conformed under 29 CFR Part 5.5(aXiXii) and
the Davis -Bacon poster (WH -1321) shall be posted at all times by the con-
tactor and its subcontractors at the site of the work in a prominent and
accessible place where it can be easily seen by the workers.
(VI (a) 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 Ute wage determination. HUD shall
approve an additional classification and wage rate and fringe benefits
Qterefore only when the following criteria have been met
'* (1) The work to be performed by tie classification requested is not
performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction
industry; and
(3) The proposed wage rate, including any bona fide fringe bene -
61s, bears a reasonable relationship to the wage rates contained in the
watts determination.
is (b) If the contractor and the laborers and mechanics to be employed
in the classification (if known), or their representatives. and HUD or its
designee agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the action
taken shall be sent by HUD or its designee to the Administrator of the Wage
and Hour Division. Employment Standards Administration, U.S. Department
Of Labor, Washington, O.C. 20210. The Administrator. or an authorized
representative, will approve, modify. or disapprove every additional classifi-
cation action within 30 days of receipt and so advise MUD or its designee
Or will My HUD .Or its designee within the 30 -day period that additional
lime is necessary. (Approved by the Office'of Management and Budget
under OMB control number 1215.0140.)
(c) In the event the contractor, the laborers or mechanics 10 be
employed in the classification or their representatives. and MUD or its
designee do not agree on the proposed classification and wage rate
(including the amount designated for hinge benefits. where appropnateL
'Amend by Re*ision and adding, see page 3
Previous Edition is Obsolete
U.S. Department of Housing
and Urban Development
I01110011tN
i r
HUD or its designee shall refer the questions, including the views of all
Interested parties and the recommendation of HUD or its designee, to tete
Administrator for determination. The Administrator. or an authorized repre-
sentative, wall issue a determination within 30 days of receipt and so advise
HUD or its designee or will notify HUD or its designee within the 30 -day
period that additional time is necessary. (Approved by the Office of Man-
agement and Budget under OMB Control Number 1215-0140.)
• (d) The wage rate (including fringe benefits where appropriate)
determined pursuant to subparagraphs (1xb) or (c) of this paragraph. shall
be paid to all workers performing work in the classification under this con-
tract from the first day on which work is performed in the Classification.
(wl) Whenever the minimum wage rate prescribed in the contract for a
lass of laborers or mechanics includes a fringe benefit which is not
expressed as an hourly ate. the contractor Shall either pay the benefit as
stated in to wage determination or shall pay another bona fide fringe
benefit or an hourly cash equivalent thereof.
(iv) 0 the contactor does not make payments to a trustee Or dater third
person, the contractor may consider as part of the wages Of any laborer or
mechanic the amount of any coins reasonably anticipated in providing.
bona fide fringe benefits under It plan or program, Provided. That the
Secretary of Labor has found. upon the written request of the contactor.
that the applicable standards of the Davis -Bacon Aa have been met The
Secretary of Labor may require the contractor to set aside in a separate
account assets for the meeting of obligations under the plan or program.
(Approved by the Office of Management and Budget under OMS Control
Number 1215-0140.)
2. Withholding. HUD or its designee shall upon its own action or upon
written request of an authorized representative of the Department of Labor
withhold or cause to be withheld from the contractor under this contract or
any other Federal contract with the same prime contractor, or any other
Federally -assisted contract subject to Davis -Bacon prevailing wage
requirements, which is held by the same prime contractor to 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 lull amount of wages
required by the contract In the event of failure to pay any taborer or
mechanic. including any apprentice, trainee or helper, employed or working
on the site of the work (or under Ute United States Housing Act of. 1937 or
under the Housing Act of 1949 in the construction or development of the
project). all or part of the wages required by the contract HUD or its desig.
nee may, after written notice to to 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
teased. HUD or its designee may. after written notice to the contractor, dis-
burse such amounts withheld for and on account of the contractor or sub-
contractor to the respective employees to whom they are due. The Comp.
troller General shalt make such disbursements in the case of direct
Daws -Bacon Act contracts.
S. (t) Payrolls and basic records. Payroils and basic records rebating
thereto shall be maintained by the contractor during the course of the work
preserved lot 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 cor.
rect classification, hourly rates of wages pard (including rates of contribu•
lions or costs anticipated for bona fide fringe benefits or cash equivalents
thereof Of the types described in Section 11(bX21(B) of the Davis-tiocon Ac%
daily and weekly number of hours worked. deductions shade and actual
wages paid. Whenever the Secretary of Labor has found under 29 CFR S S
W)(1Nav1 that the wages of any laborer or mechanic include the amount of
any COSM reasonably anticipated in providing benefits under a clan or pro-
gram described in Section 1(bX2,XB) of the Davis -Bacon AcL the contractor
shall maintain records which Show that the commitment to provide such
NUOd010 12.641
1HB 1344.11
tenefits is entorceaole. that the pian or program is financially responsible.
and trial the plan or program has been communicated in writing to the
laborers or mechanics .;eecied. and records which show the Costs antiCi-
pated or the actual cost incurred in providing such benefits. Contractors
empioving apprentices or trainees under approved programs shalt maintain
written evidence of the registration of apprenticeship programs and certifi-
cation of trainee programs, the registration of the apprentices and trainees.
and the ratios and wage rates prescribed in the applicable programs.
(Approved by the Office of Management and Budget under OMB Control -
Numbers 1215.0140 and 1215.0017.)
(it) (a) The Contractor shall submit weekly for each week in which any
contract work is performed a Copy of all payrolls to HUD or its designee it
the agency is a parry to the contract but d the agency is not such a parry,
the contractor will submit the payrolls to the applicant sponsor. or owner.
as the case may be, for transmission to HUD or its designee. The payrolls
Submitted shall set out accurately and completely all of the information
required to be maintained under 29 CFR Part 5.5(a)(3Xi). This information
may be submitted in any form desired. Optional Form WH -347 is available
for this purpose and may be purchased from the Superintendent of Docu-
ments (Federal Stock Number 029-005-00014-1). U.S. Government Printing
Office, Washington. DC. 20402. The prime contractor is responsible for the
submission of copies of payrolls by all subcontractors. (Approved by the
Office of Management and Budget under OMB Control Number
1215-0149.)
(b) Each payroll submitted shall be accompanied by a 'Statement of
Compliance:' signed by the contractor or subcontractor or his or her agent
who pays or supervises the payment of the persons employed under the
contract and shall certify the following
(1) That the payroll for the payroll period contains the information
required to be maintained under 29 CFR Part 5.5 (ax3Xd and that such
information is correct and complete;
(2) That each taborer or mechanic (including each helper.
apprentice, and trainee) employed on the Contract during the payroll period
has been paid the full weekly wages earned. without rebate, either directly
or Indirectly. and that no deductions have been made either directly or indi-
rectly from the full wages earned. other than permissaole deductions as set
forth in 29 CFR Part 3;
(3) That each taborer or mechanic has been paid not less than the
applicable wage rates and fringe benefits or cash equivalents for the clas-
sication of work performed. as specified in the applicable wage determina-
tion incorporated Into the contract
(c) The weekly submission of a property executed certification set
forth on the reverse side of Optional Form WH -347 Shall satisfy the
requirement for submission of the "Statement of Compliance" required by
paragraph A.3.0i)(b) of this section.
(d) The falsification of any of the above certifications may subject the
contractor or subcontractor to civil or criminal prosecution under Section
1001 of Title 18 and Section 231 of Title 31 of the United States Code.
.-I.- (til The contractor or subcontractor shall make the records required
under paragraph A.3.(i) of this section available for inspection. copying. or
transcription by authorized representatives of HUD or its designee or the
Department of tabor. and shall permit such representatives to interview
employees during working hours on the job. if the contractor or subcon-
tractor fails to submit the required records or to make them available. HUD
or its designee may. after written notice to the contractor. sponsor. appli-
cant or owner. take such action as may be necessary to ,cause the sus-
pension of any further payment advance. or guarantee of funds. Funner-
more. failure to submit the required records upon request or to make such
records available may be grounds for debarment action pursuant to 29
CFR Part 5.12.
4. (i) Apprentices and Trainees. Apprentices. Apprentices will be per.
mined to work at less than the predetermined rate for the work they per-
formed when they are employed pursuant to and Individually registered in a
bona fide apprenticeship program registered with the U.S. Department of
Labor. Employment and Training Administration. Bureau of Apprenticeship
and Training. or with a State Apprenticeship Agency recognized by the
Bureau. or it a person 1s 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 Stale Apprenticeship Agency
(where appropriate) to be eligible for probationary employment as an
apprentice. The allowable ratio of apprentices to journeymen on the to"
in any craft classification shall not be greater than the ratio permitted td•Ir t
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 register
or otherwise employed as stated above. shalt 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
nthe lob site in excess of the ratio permitted under the registered program
Shall be paid not less than the applicable wage rate on the wage determ
nation for the work actually performed. Where a contractor'rs'perfdrming
Construction on a project in a locality other than that in which its program
registered, the ratios and wage rates (expressed in percentages of the jc
neyman's hourly rate) specified in the contractor's or subcontractor's rep
tered program shall be observed. Every apprenctice must be paid at not
less than the rate specified in the registered program for the apprentice's
level of progress. expressed as a percentage, of fine journeymen hourly r~
specified in the applicable wage determination. Apprentices shall be pat
hinge benefits in accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not specify hinge benefits.
apprentices must be paid the full amount of fringe benefits listed on the —
wage determination for the applicable classification. 9 the Administrator
determines that a different practice prevails for the applicable apprentice
classification. fringes shall be paid in accordance with that determination.
the event the Bureau of Apprenticeship and Training. or a State Aporen
beeship Agency recognized by the Bureau. withdraws approval of an
apprenticeship program. the contractor will no longer be permitted to utiii.
apprentices at less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16. trainees will not Cc
permitted to work at less than the predetermined rate for the work per-
formed unless they are employed pursuant to and incividuaily registered I
a program wnicn has received prior approval, evidenceo Dy formai cem —
cation by the U.S. Department of labor. Employment and Training Admii
stration. The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the Employment and
Training Administration. Every trainee must be paid at not less than the ►-
specified in the approved program for the trainee's level of progress.
expressed as a percentage of the journeyman hourly rate specified in V. -
applicable wage determination. Trainees snail be paid fringe benefits in
accordance with the provisions of the trainee program. If the trainee prc
gram does not mention fringe benefits, trainees snail be paid the full
amount Of fringe benefits listed on the wage determination unless the
Administrator of the Wage and Hour Division determines trial there is an
apprenticeship program associated with the corresponding journeymall—
wage rate on the wage determination which provides for less than lull
fringe benefits for apprentices. Any employee listed on the payroll at a
trainee rate who is not registered and participating in a training plan
approved by the Employment and Training Administration shall be paic's
less than the applicable wage rate on the wage determination for the r,
actually performed. In addition. any trainee performing work on the job .
in excess of the ratio permitted under the registered program shall be pa
not less than the applicable wage rate on the wage determination for 0—
work actually performed. In the event the Employment and Training Ad
istration withdraws approval of a training program. the Contractor will r .
longer be permitted to utilize trainees at less than the applicable predete
mined rate for the work performed until an acceptable program is —
app►Oved
(iii) 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 1124
amended and 29 CFR Pan 30.
* S. Compliance with Copeland Act requirements. The contractor sh:.
comply with the requirements of 29 CFR Part 3 which are Incorporated
reference in this contract _
6. Subcontracts. The contractor or sugcontractor will insert in any t
contracts the clauses contained in 29 CFR 55tap1) through (10) and a
other clauses as MUD or Its designee may by approotiate instructions
require. and also a clause requiring the subcontractors to include the,—
clauses
he—clauses in any lower tier subcontracts The prime contractor Shan be
responsible for the compliance by any subcontractor or lower tier sut
tractor with an the contract clauses in 29 CFR Pan 5 S.
-Amend by Adding, see page 3
Page 2 of 3 Pages
Huasolo l
r
i
7 - Cwuracle termination: debarment. A breach of the contract clauses to
29 CFR 5 S may be grounds for termination of the contract and for debar• •
mens as a contractor and a subcontractor as ofoviced in 29 CFR 512.
S. Compliance with Davis -Bacon and Related Act Requirements. All rul.
Ings and interpretations of the Davis -bacon and Rei.1leo Acts contained in
29 CFR trans 1. 3. and 5 are herein incarporatea ov reference in tris
contract
f. Disputes concerning labor standards. Disputes arisirq out of the labor
standards provisions of this contract shall not be suotec. to the general
disputes clause of urns contract Sucn aisoutes snail be esolvea in accor-
dance wain the procedures of the Department of Labor -let forth in 29 CFR
Parts 5.6. and 7. Disputes within the meaning of this clause include ass.
putes between the contractor lot any of its suoconlraCtorsi and HUD at its
designee. the u S Department of Labor. or ine emotovees or their
representatives
10. (a) Certification of Eligibility. By entering into ants contract the can -
tractor cendies that n.•n.er it tnor rte or steel not any person or firm who
has an interest in Ine contractor s form is a person or firm melrgible to be
awarded Government contracts by vinue or Section 3(a) of the Davis -
Bacon Act or 29 CFR 5.12(aK1) or to be awarded HUD Contracts or parva -
pate in HUD programs Pursuant to 24 CFR Pars 24.
fit No pan of this contract staff be subcontracted to any person or kin
hteligible for award of a Government contract by virtue of Section 3(a) of
the Davis -Bacon Act or 29 CFR 5.12(a)(11 or to be awarded HUD contracts
or Participate in HUD programs pursuant to 24 CFA Part 24.
Oil The penalty for making false statements is prescnaecrin the U.S.
Criminal Code. 18 U.S.C. 1001. Additionally. U.S. Crimnal Code. Section
1010. Title t8 S. U.S C.. "Federal Housing Administration transactions'. pro-
vides in part "Whoever. for the purpose of. ..influencing in any way me
action of such Administration... makes. ullets or publishes any statement
knowing the same to be false .. snAlt be tined not more tnan 55.000 or
imptisoned not more Inan two years. at born '
11. Comalarnts. Proceedings, or Testimony by Employees. No taborer or
mechanic to whom the wage. salary, or otner local siancares provisions of
tors ai omrari are zww,icau,c snap vc vaSGnarGCv or in anv viner manner
discriminated against oy the Contractor or any Suocontracior because Sucre
emotoyee has filed any comoiaint or instituted or caused to be instituted
any proceeding or nos testifieo or as about :o testiN in anv proceeding
uneer or relating to the taoor standards aovicawe unoer this Contract to
his emoiover
B Contract Work Hours and Safety Stanowas Act. As used in ams pars -
groan. ene terms ' saoorers and mecnaracs •rclune watchmen and
guards
(1) Overtime requirements. NO comrac:or or suocontractor contracting
for any pan of the contract work which may require or involve the employ-
ment of laborers at mechanics shall require or permit any such laborer or
linschantc on any workweek in which rte or she is employed on such work
to work in excess of forty hours in such workweek
unless such laborer or mechanic receives compensation
a&araded by revision and adding: (2/92)
at a rate not less than one and one-half times the
basic rate of pay for all hours worked in excess of
forty; hours in such workweek.
(2) Violation: liability tar unpaid wages; liquidaled damages. In she
event of any violation of the clause set bnh M attbparagrach rt) of this
paragraon, the contractor and any subcontractor responsible-nerefor snail
be Nable tot the unpaid wages. In addition. such contractor and suocon.
tractor shall be liable to the United States lin the case of work Gone under
contract for the District of Columbia or a territory. to such District or to such
territory). for ti0u11031ed camages. Such liquidated damages shall be com-
puted with respect to each mdavidual laborer or mechanic. mcfudang
watchmen and quotas, employee, in violation of the clause set tonn in sub.
paragrapn 111 of this paragraph. in the sum of S10 for each calendar day an
which such individual was reauited or Dermeried to work in excess of the
standard workweek of forty hours without payment of take
overtime wages required by the clause set forth in sub-
paragraph (1) of this paragraph.
(3) Withholding for unpaid Miages and liquidated damages. HUD Of fes
designee snail upon its own action or upon written request of an autho-
rized representative at the Department of labor VAVimld or cause to be
Withheld. from any moneys payable On account of work performed by the
contractor or subcontractor umer any such comract or any other Federal
contract with the same prune contract or any other Federally -assisted con-
tract subject to the Contract Work Hours and Safety Standards Act which
is held by the same pnme contractor such sums as may be deterrnined to
be necessary to satisfy any liabilities of such contractor or suocontractor
for unpaid waqes and tiouidated damages as orawced in me clause set
forth in succaragracin 12) of this caraoraon.
(4) Subcontracts. The contractor or suocontractor snail insert in any
subcontracts the clauses set form in suooaraoraon 11) through 14) of this
oaraqraon and also a clause recurring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor snail be
resoonsiole for compliance ov any subcontractor or lower tier suacentrae-
for wain the clauses set Conn in succaragraons I1) througn 14) of urns
paragraon.
C. Health and Safety ,
(1) No taoorer or mechanic snail be reautrea to work in surroundings
or under woritonq conditions wnicn are unsanitary, hazardous. or danger•
ous to his neaten and safety as deter maned under construction safety ono
neenn si3noaros promulgated c;r the Secretary of Lsoor oy regulation.
(2) Tne Contractor snail ccmeiv wain all regulations issued oy the
Secre:ary of V1cor pursuant to T -rte 29 Pan 1926 ilormeriat cart 15 is) and
f3iture to comply may result in imposition at sanctions ouesi.ant to the Con.
tract wont tours and Safety St3noaros Act tPuotac taw 91.54. a3 Stat 96).
(3) The Contractor snail include the provisions of this Ansae in every
subcontract so that such, provisions well be Dancing on eacn suocontractor.
The Contractor snsu take Sucn action wain respect to any subcontract as
the Secretary of Housing and Urban Development or the Secretary of Labor
snsu direct as a means of enforcing such provisions.
(1) except with respect to helpers as defined in 29 CFR 5.2(n)(4), the work to be performed by
the Classification requested is not performed by a classification in the wage determLriationt and
(4) with respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in
the area in wntch•the work is performed.
(4)(itr) Helpers. ttelpers•will be permitted to work on a project if the helper classiticatson is
specified on an applicable waqe determination or is approved pursuant to the conformance
procedure set north in 5.54aill)(ii). The allowable ratio of helpers to journeymen employed by
the contractor or subcontractor on the job site shall not be greater than two helpers tar revery
three journeymen (in other words, not were than 40 percent of the totalnumber of journeymen and
helpers in each contractor's or in each subcontractor'& own work employed on the job satef. Any
worker Listed on a payroll at a helper wage rate, who is not a helper as detinea Ln 29 CFR
5.2(n)(4), shall be paid not lass than the applicable wage rate on the wsga datermanatic+n for the
classification of work actually performed. In addition, any helper pertorsisnq work on the job
site in excesa of the ratio permitted shall be paid not less than the applscablo jqurneyman's
(or laborer'&, where approprlste) wage rate on the wage determination tar the work actually
parformed.
Page 3 of 3 Pages HUOs01012-841
No Text
SPECIFICATIONS
v
(THIS PAGE LEFT BLANK INTENTIONALLY)
7
r SECTION 16000 - GENERAL PROVISIONS FOR ELECTRICAL
t PART 1 - GENERAL
1.01 CHECKING DOCUMENTS:
A. The drawings and the specifications are numbered consecutively.
The Contractor shall check the drawings and specifications
thoroughly and shall notify the Owner of any discrepancies or
omissions of sheets or pages. Upon notification, the Owner
will promptly provide the Contractor with any missing portions
of the drawings or specifications. No discrepancies or
omissions of sheets or pages of the contract documents will
relieve the Contractor of his duty to provide all work required
by the complete contract documents.
1.02 INSPECTION OF SITE:
A. The bidders for the work under these sections of the
specifications shall inspect the existing installations and
thoroughly acquaint themselves with, conditions to be met and
the work to be accomplished in removing and modifying the
existing work, and in installing the new work. Failure to
comply with this shall not constitute grounds for any
additional payments in connection with removing or modifying
any part of the existing installations and/or installing any
new work.
1.03 MANUFACTURER'S DIRECTIONS:
A. All manufactured articles shall be applied, installed and
handled as recommended by the manufacturer.
16000-1
c
1.04 MATERIALS AND WORKMANSHIP:
A. All materials shall be new unless otherwise specified and of
the quality specified. Materials shall be free from defects.
All materials of a type for which the Underwriters
Laboratories, Inc. have established a standard shall be listed
by the Underwriters Laboratories, Inc. and shall bear their
label.
B. The Owner reserves the right to call for samples of any item
of material offered in substitution, together with a sample of
the specified materials, when, in the Owner's opinion, the
quality of the material and/or the appearance is involved and
it is deemed that an evaluation of the two materials may be
better made by visual inspection.
C. The Contractor shall be responsible for transportation of his
materials to and on the job, and shall be responsible for the
storage and protection of these materials and work until the
final acceptance of the job. The Contractor shall also be
responsible for the security and protection of any existing
lights on poles that are removed and stored prior to
reinstallation.
D. The Contractor shall furnish all necessary scaffolding, tackle,
tools and appurtenances of all kinds, and all labor required
for the safe and expeditious execution of his contract.
E. The workmanship shall in all respects be of the highest grade
and all construction shall be done according to the best
practice of the trade.
16000-1
c
1.05 SUBSTITUTION OF MATERIAL:
A. In general, where a definite material or only one —
manufacturer's name is mentioned in these specifications, it
has been done in order to establish a standard. The product of
the particular manufacturer mentioned is of satisfactory —
construction and any subtitling must be of quality as good as
or better than the named article. No substitution shall be
made without review by the Owner, who will be the sole judge of
equality.
B. Lighting fixtures and controls for this project have been
specified as a "no substitute" item in order to maintain'
interchangeability with other installations, to maintain
compatible life with City of Lubbock standard warehouse stocks
and to assure compatibility with existing spare parts
inventories. _
C. The Contractor shall submit for approval a complete list of the
materials he proposes to use. This list shall give
manufacturers' names and designations' corresponding to each and
every item and the submission shall be accompanied by complete —
descriptive literature and/or any supplementary data, drawings,
etc., necessary to give full and complete details.
D. Should a substitution be accepted under the provisions of the
conditions of these specifications, and should this substitute
prove to be defective or otherwise unsatisfactory for the
service for which it is intended within the guarantee period,
the Contractor who originally requested the substitution shall
replace the substitute material with the specified material.
1.06 SHOP DRAWINGS:
A. Wherever shop drawings are called for in these specifications,
they shall be furnished by the Contractor for the work involved
after review by the Engineer as to the make and type of
material and in sufficient time so that no delay or changes
will be caused. This is done in order to facilitate progress
on the job and failure on the part of the Contractor to comply
shall render him liable to stand the expense of any and all
delays, changes in construction, etc., occasioned by his
failure to provide the necessary details. Also, if the
Contractor fails to comply with this provision, the Owner
reserves the right to go directly to the manufacturer he
selects and secure any details he might deem necessary and
should there be any charges in connection with this, they shall -
be borne by the Contractor.
B. Shop drawings will be reviewed by the Owner for general
compliance with the design concept of the project and general
compliance with the information given in the contract
documents. Review by the Owner and any action by the Owner
in marking shop drawings is subject to the requirements of the
entire contract documents. Contractor will be held responsible
for quantities, dimensions which shall be confirmed and
correlated at the job site, fabrication processes and
techniques of construction, coordination of all trades and the
satisfactory performance of his work.
C. Shop drawings submitted shall not consist of manufacturers'
catalogues or tear sheets there from that contain no indication
of the exact item offered. Rather, the submission of
individual items shall designate the exact item offered and
shall clearly identify the item with the project.
16000-2
A
t
D. All shop drawings shall be submitted at one time and shall
consist of a bound catalogue of all shop drawings under each
section, properly indexed and certified that they have been
checked by the Contractor.
E. The omissions of any material from the shop drawings which has
been shown on the contract drawings or specified, even though
reviewed by the Engineer, shall not relieve the contractor from
furnishing and erecting same.
1.07 PROTECTION OF APPARATUS:
A. The Contractor shall at all times take such precautions as may
be necessary to properly protect existing equipment to be
reused or his new apparatus from damage. This shall include
the erection of all required temporary shelters to adequately
protect any apparatus stored in the open on the site.
1.08 PERMITS, FEE, ETC.:
A. The Contractor under each section of these specifications shall
arrange for a permit from the local authority. The Contractor
shall arrange for electric services as required. If any
charges are made by the utility company due to the word: on this
project, the Contractor shall pay these charges, including
charges for metering, connection, street cutting, etc. The
Contractor shall pay for any inspection fees or other fees and
charges required by ordinance, law, codes and these
specifications.
B. The Contractor shall protect all existing landscaping, trees,
irrigation systems and park facilities during the construction
of the project. The Owner will provide maps and field location
of all existing underground irrigation, electric, and control
lines. Should a buried line be damaged that is within + 3 feet
of the location as marked by the Owner, the contractor shall be
responsible for repair of the damaged line without any
additional compensation. Should a buried line be damaged by
the Contractor that has not been located by the Owner or has
not been located within + 3 feet of its actual location, the
Contractor shall immediately notify the Owner. The Owner shall
then determine whether the repairs will be made by the
Contractor or by the Owner's personnel. If the Owner directs
the Contractor to make the repairs, the Contractor shall be
reimbursed for the repair of improperly located lines. Any
streets, curbs, sprinkler heads, trees, equipment or facilities
that are damaged by the Contractor shall be repaired by the
Contractor at this own expense.
1.09 LAWS, CODES AND ORDINANCES:
A. All work shall be executed in strict accordance with all local,
state and national codes, ordinances and regulations governing
the particular class of work involved, as interpreted by the
inspecting authority. The Contractor shall be responsible for
the final execution of the work under this heading to suit
those requirements. Where these specifications and the
accompanying drawings conflict with these requirements, the
Contractor shall report the matter to the Engineer, shall
prepare any supplemental drawings required illustrating how the
r
16000-3
� I
work may be installed so as to comply and, ,on approval, make
the changes at no cost to the Owner. On completion.of the
various portions of the work the installation shall be tested
by the constituted authorities, approved and, on completion of
the work, the Contractor shall obtain and deliver to the Owner
a final certificate of acceptance.
1.10 TERMINOLOGY:
A. Whenever the words "furnish "provide", "furnish and install,"
"provide and install', and/or similar phrases occur, it is the
intent that the materials and equipment described be furnished,
installed and connected under this Division of the
Specifications, complete for operation unless specifically
noted to the contrary.
B. Where a material is described in detail,listed by catalogue
number or otherwise called for, it shall be the Contractor's
responsibility to furnish and install the material.
C. The use of the word "shall" conveys a mandatory condition to
the contract.
D. "This section" always refers to the section in which the
statement occurs.
E. "The project" includes all work in progress during the
construction period.
F. Indescribably the various items of equipment, in general, each
item will be described singularly, even though there may be a.
multiplicity of identical or similar items.
1.11 COOPERATION AND CLEANING UP:
A. The contractor for the work under each section of these
specifications shallcoordinatehis work with the work
described in all other sections of the specifications to the
end that, as a whole, the job shall be a finished one of its
kind, and shall carry on his work in such a manner that none of
the work under any section of these specifications shall be
handicapped, hindered or delayed at any time.
B. At all times during the progress of the work, the Contractor
shall keep the premises clean and free of unnecessary materials
and debris. The Contractor shall, on direction at any time
from the Engineer, clear any designated areas or area of
materials and debris._ On completion of any portion of the
work, the Contractor shall remove from the premises all tools
and machinery and all debris occasioned by the work, leaving
the premises free of all obstructions and hindrances.
C. Trenching shall not be left open overnight., Trenching shall
only be performed to the extent that it can be completed and
back-filled during the same day. Any trenches that must remain
open overnight shall be barricaded and lighted with approved
flashing lights to prevent injury to park users or pedestrians.
1.12 SALVAGE MATERIALS:
A. The Contractor shall remove existing equipment, piping, duct,
conduit, wire, junction boxes, light fixtures and other items
associated with the electrical systems where shown on the
drawings. Where such items are exposed to view or uncovered
has no continuing function (as determined by the Engineer),
they shall be removed by the contractor.
16000-4
B. Existing items (see above) where concealed which is not
disturbed, abandon in place, Plug, cap, disconnect or
r" otherwise render harmless all such itevis.
C. All items or materials removed from the project shall be made
available for the Owner's inspection. The Owner retains the
option to claim any item or material. Contractor shall deliver
F7i any claimed item or material in good condition to the place
designated by the Owner. All item not claimed become the
FM property of the contractor and shall be removed from the site.
1.13 GUARANTEE:
A. Unless a longer guarantee is hereinafter called for, all work,
material and equipment items shall be guaranteed for a period
of one year after acceptance by the Owner. All defects in
labor and materials occurring during this period, as determined
by the Owner, shall be repaired and/or replaced to the
complete satisfaction of the Owner. Guarantee shall be in
writing and in triplicate.
1.14 COMPLETION REQUIREMENTS:
A. Before acceptance and final payment the Contractor shall
furnish:
1. Accurate record drawings, shown in red ink on blue line
prints furnished for that purpose all changes from the
original plans made during installation of the work.
Drawings shall be filed with the Owner when the work
is completed.
2. All manufacturers' guarantees.
3. All operating manuals.
4. Guarantees
1.15 CONTRACTOR'S RESPONSIBILITY FOR FINAL INSPECTION:
Poo A. Before calling for the final inspection, the Contractor shall
carefully inspect his work to be sure it is complete and
according to plans and specifications.
r
1.16 EXISTING UTILITIES:
A. The Owner will provide the Contractor with plans of the
existing irrigation system and will assist the Contractor in
locating and flagging existing water lines, sprinkler heads,
conduit, etc.. However, the plans shall not be construed as
certified survey drawings. The Owner shall assume no liability
for the accuracy of the existing drawings nor for not
indicating or designating existing systems.
B. The Contractor shall assume all responsibility for the location
of all existing utilities. Care shall be taken in the
excavation for installation of new work. Damage to existing
systems shall be repaired by the Contractor with no additional
cost to the Owner.
END OF SECTION 16000
Oft
�' 16000-5
No Text
r
SECTION 16110 - RACEWAYS AND FITTINGS
PART 1 - GENERAL
1.01 NOTE:
A. Conform with applicable provisions of the General Conditions,
Special Conditions, General Requirements, and Supplemental
Conditions.
1.02 SUBMITTALS:
A. Submit manufacturer's data on all materials.
1.03 SCOPE:
A. The work shall include furnishing and installing all rigid
steel and flexible metallic conduit, intermediate metallic
conduit, electrical metallic tubing, polyvinyl chloride
conduit, wireways, pull and junction boxes and outlet boxes,
together with all supporting devices and other accessories
required.
PART 2 - PRODUCTS:
2.01 CONDUITS:
A. Rigid Steel Conduit; Rigid, threaded, thick -wall; galvanized
inside and outside or galvanized outside with a protective
coating inside; UL listed and labeled according to Standard
UL6; conforming to ANSI Standard 080.1; Pittsburg, Republic
Steel, Robroy or Allied.
B. Flexible Metal Conduit: Spirally wound with hot dip galvanized
steel strips (c(xmmercial Greenfield); conforming to UL Standard
UL I and UL listed and labeled; Triangle Counduit and Cable
Company, or equivalent.
C. Liquidtight Flexible Metal Conduit: Spirally wound with hot dip
galvanized steel strips as for flexible metal conduit; with
ployvinyl chloride cover extruded over the exterior to make
conduit liquidlight; UL listed; Electri-flex type "LA" or
equivalent.
2.02 CONDUIT FITTINGS:
A. Couplings and Terminations for Rigid Steel Conduit: Factory
made steel threaded couplings; bushing at all boxes and
cabinets, with locknuts inside and outside box or cabinet.
B. Couplings and Terminations for Electrical Metallic Tubing;
Join lengths of EMT with steel compression type couplings and
connectors where exposed to the weather or in wet locations.
Otherwise use steel, set -screw couplings and connectors. The
connectors shall have insulated throats or a smooth interior so
as not to damage the insulation during wire pulling operations.
C. Couplings and Terminations for Flexible Metal Counduit: T & B
440 Series couplings at connections between flexible and rigid
conduit; T & B 3110 or 3130 Series nylon insulated throat,
steel connectors at box or cabinet terminations.
D. Couplings and Terminations for Liquidtight Flexible Metal
Conduit: T & B 5271 Series adapters at connections between
flexible and rigid conduit; T & B 5331 Series nylon insulated
throat, steel connectors at box or cabinet terminations.
16110-1
2.03 PULL BOXES AND JUNCTION BOXES:
A. Sheet steel, galvanized inside and outside, with galvanized ^
covers.
B. Small Boxes: For boxes where the volume required is not over
100 cubic inches, use standard outlet boxes,
C. Larger Boxes: For boxes where the volume required is over 100 --
cubic inches, use cabinets as specified for panelboa.rd cabinets
with covers of same gauge as boxes, secured with corrosion
resistant bolts or screws.
PART 3 - EXECUTION
3.01 INSTALLATION OF BUILDING RACEWAYS:
A. All wiring of every description shall be run in conduit or
electrical metallic tubing unless noted or specified otherwise.
Conduits may be run exposed in machinery and electrical rooms
and unfinished areas. All other conduits shall be run
concealed unless otherwise noted. All exposed runs shall be
installed parallel to the surface of the building in a neat and
orderly manner.
B. Types: All counduits installed in wet or damp locations, or on
roofs shall be rigid galvanzied steel conduits. Above grade
interior counduits shall be rigid galvanized steel conduits, or
EMT. In sizes up to and including 1-1/211, electrical metallic
tubing may be used in dry locations where not subject to
mechanical damage. EMT may be used in air conditioned spaces,
such as accessible ceilings, dry wall partitions and exposed
where 6' above the floor. EMT shall not be used outside, in
concrete, underground, in underfloor spaces, in masonry walls,
in locations likely to be damp, or exposed within 6' of the
floor. Counduits installed below grade in slabs or buried in
earth shall be PVC or rigid galvanized steel.
C. Sizes: Size ,and install raceways so that conductors may be
drawn in without injury or excessive strain. Make field bends
with approved bending devices, Do not install bends or offsets
in which conduit is crushed, deformed or otherwise injured.
Sizes of conduits shown on the drawings are minimum sizes to be
installed.
D. Connections: Use lenghts of flexible metal conduit, not less
than 12" long at final connections to all motors, generators,
controls and other devices subject to movement because of
vibration or mechanical adjustment. Use flexible metal conduit_
also at connections to recessed lighting fixtures, and
elsewhere as required. In damp or wet locations, and where
installed outdoors, use liquidtight flexible metal conduit.
E. Around Heat Producing Equipment: Do not install raceways
within 3" of steam and hot water pipes, breeching and flues,
except where crossings are unavoidable, and then keep raceways
at least ill from insulation on the pipe, breeching or flue
crossed. Wherever possible, avoid instllaing raceways directly
above or in close proximity to boilers and other like objects
operating at high temperatures.
16110-2
r,
16110-3
F. Damp or Net Locations: In damp or wet locations make every
effort to avoid installing raceways.in a manner which will
create moisture traps. 'Where they must be so installed, seal
both 'ends of raceways with an approved sealing compound to
prevent "breathing" and moisture condensation within the
raceways.
G. Different Systems: In systems operating at more than 300 volts
between phase conductors, where different phase conductors are
to be run to a common gang wall switch box, install a separate
conduit for each different phase wire and its return switch
leg, and provide substantial barriers between adjacent switches
in the box so that two different phase wires will not be the
same compartment.
�.
H. Joining Rigid Conduits: Join with threaded couplings. Ream
out all conduit ends after threading. Secure rigid conduits at
1
panel boxes, junction boxes, pull boxes, switchboards,
support boxes, or sheet metal outlet boxes by galvanized
locknuts, inside and outside, with insulating bushing inside.
Unthreaded set screw type couplings or connectors are not
acceptable in rigid conduit systems. No running threads shall
be used anywhere in conduit systems.
I. Protection of Raceways: Seal ends of all raceways with blank
"
discs ("pennies"), push pennies or other approved closers
G
during construction. Do not pull any conductors into raceways
until all plastering in the vicinity is completed. Swab out
+�
all raceways before pulling in conductors.
J. Penetrations: Wherever "raceways -pass through floors, walls
partitions, etc., carefully fill any space between the: outside
of the raceway and the building material to prevent passage of
air, water, smoke and fumes. Filling material shall be fire
Y.:
resistive and, in general, similar to the basic building
materials through which the raceway passes.
3.02 CONDUIT SUPPORTS:
A. Support spacing: Use minimum spacing as directed by National
Electrical Code, but space hangers more closely where required
by conditions.
B. Vertical conduit risers: Support vertical conduits at each
floor by means of riser clamps or U -bolts, clamping them to a
steel channel bridging the opening in the floor.
C. Individual Counduits: Support conduits running vertically or
horizontally with galvanized malleable iron one hole clamps.
Carry individually supported horizontal conduits 1-1/4" and
larger on Kindorf No. 150 or Steel City No. C-149 hangers. Use
no perforated strap iron as hanger material. Where conduits
smaller than 1-1/4" are installed above metal lath and plaster
ceilings or mechanically suspended dry ceilings of the non -
removable type, they may be supported on ceiling runner
channels. Where conduits smaller than 1-1/4" are installed
above removalbe ceilings, attach them to the structure or bar
joists (where present) or support them on threaded hanger rods
with clips. Do not use any wire to support conduits or to
�•
attach conduits to supporting member. Locate conduits a
sufficient distance above the ceiling to permit removal of the
ceiling panels. Locate them so as not to hinder access to
mechanical and electrical equipment through the ceiling panels.
r,
16110-3
D. Multiple Conduits: Where multiple raceways are run
horizontally at the same elevations, they may be supported on
trapezes formed of sections of Unistrut angle iron or channels
suspended on rods or pipes. Size trapeze members including the
suspension rods for the number size and loaded weight of the
conduits they are to support. Space them as required for the --
smallest conduit supported.
3.03 INSTALLATION OF OUTLET BOXES:
A. Usage: Provide at each outlet or device of whatever character
a metal outlet box in which conduits shall terminate.
B. Boxes recessed in construction: Sheet steel boxes.
C. For Lighting Fixture Outlets: 4" octagonal by 1-1/2" minimum
depth with 3/8" fixture stud for incandescent lights which are
surface mounted, wall mounted or suspended.
D. For Wall Switches, Receptacles and Communications Use: Use
411x4" size with proper square cornered tile wall cover, plaster
cover, or finishing plate, except where construction will not
permit or the divice rquires a larger box.
E. Wall Munted telephone Outlet Boxes: 4-11/16" square by 2-1/8"
deep, unless otherwise noted or unless wall construction
requires a smaller box.
F. Boxes for exposed Work: Cast metal boxes.
G. Boxes for Outdoors: Cast metalboxes with gasketed covers.
3.04 INSTALLATION OF PULL AND, JUNCTION BOXES:
A. Sizing: Size all pull and junction boxes in accordance with
NEC, using larger sizes than required by code where job
conditions so indicate.
B. Mounting: Fasten all boxes securely to the building
construction, independent of counduit systems. On concealed
conduit systems where boxes are nototherwiseaccessible, set
box covers flush with finished surfaces for access.
C. Identification of Pull and Junction Boxes: Each pull and
junction box shall be labeled with indelible ink to indicate
the wiring contained inside the box. The label shall indicate
the panel and circuit number of the wiring contained. The "~
cover plates of boxes serving emergency circuits shall be
painted red. Boxes serving other systems shall be indicated by
name (Fire Alarm, P.A., Telephone, Data Cable, Nurse Call, --
Etc.
END OF SECTION 16110
'16110 - 4
1
SECTION 16115 UNDERGROUND ELECTRICAL DUCT
PART 1 - GENERAL
'., 1.01 NOTE
E A. Conform with applicable provisions of the General Conditons,
! Special Conditions, General Requirements, and Supplemental
Conditions.
1.02 SUBMITTALS:
A. Submit manufacturer's data on all materials.
1.03 SCOPE:
A. The work shall include furnishing and installing all
underground electrical duct and direct burial conduit, together
with all other accessories required.
PART 2 - PRODUCTS
2.01 CONDUITS:
A. Underground Plastic Conduit: Type 40, heavy wall,high impact
rigid virgin polyvinyl chloride (PVC) conduit and fittings,
conforming to NEMA Publications TC2 and TC3 and UL listed for
direct burial use; Carlon or equivalent.
B. Rigid Steel Conduit: As specified under Raceways and Fittings.
C. PVC Coated Steel Conduit: The conduit before coating shall
conform to UL Standard UL6 and ANSI Standard C80.1. The
conduit after coating shall meet NEMA Standard C80.1. The
conduit after coating shall meet NEMA Standard TN1-1974. The
polyvinyl chloride coating shall be bonded to the galvanized
outer surface of the conduit. The coating shall be a minimum
of .020 inches (20 mil). A loose coupling shall have a PVC
coating bonded to the outer surface with a PVC sleeve extending
from both ends such that when the coupling and conduit: are
joined ther shall be no exposed metal.
2.02 PULLBOXES:
A. Pullboxes for underground lighting circuits shall be buried,
fiberglass type with a bolted on cover. Boxes shall be equal
to Carson Industries Model 1491-13B.
PART 3 - EXECUTION
3.01 EXCAVATION:
A. Perform all excavation work required in connection with the
installation of the work under this Division. After the
electrical work has been installed, tested and approved,
backfill all excavations with suitable material. Include the
cutting of all sidewalks, streets and other pavement and
repairing the openings in them to return to the surface to
approximately its original condition.
B. Perform all excavations of every description of whatever
substances encountered and to the depths required for
installation of the work under this Division.
r
i�
dI 16115-1
C. During excavation, stack material suitable for backfilling in
an orderly manner a sufficient distance from the banks of the
trenches to prevent slides or cave-ins. Remove all excavated
material not required or suitable for backfill, or waste as
directed. Control grading to prevent surface water from
flowing into excavations and remove any water accumulating
therein by pumping.
D. Use open cut grading and make trenches of the necessary width
for proper installation of the lines with banks as nearly
vertical as possible.
E. Grade the bottom of trenches accurately to provide uniform
bearing and support for conduit or duct on undistrubed soil at
every point along its entire length.
F. Refer to Section 16000 for the protection and location of
existing irrigation, control, and electric lines.`
3.02 BACKFILLING:
A. Carefully backfill trenches with earth, sandy clay, sand
and gravel, soft shale or other approved material free from
large clods of earth or stone, deposited in thoroughly and
carefully rammed 6 -inch layers. Do not use blasted rock,
broken concrete or pavement, or large boulders as backfill
material. Settling the backfill with water will be permissible
and will be requirement when so directed. Re -open any trenches
improperly filled or where settlement occurs to the depth
required for proper compaction, then refill, mound over and
smooth off.
B. Backfill open trenches across roadways or other areas to be
paved as specified above except that the entire depth of trench
shall be backfilled in 6 -inch layers, each layer moistened and
compacted to a density of not less than 95% Standard Proctor in
such manner as to permit the rolling and compaction of the
filled trench together with the adjoining earth to provide the
required bearing value and permit paving of the area
immediately after backfilling is completed. Along all other
portions of the trenches, grade the ground to a reasonable
uniformity and leave the mounding over the trenches in a
uniform and neat condition.
3.03 OPENING AND CLOSING PAVEMENT:
A. Where excavation requires the opening of existing walks,
streets, drives or other existing pavement, including "black
topping," cut the pavement as required. Hold the size of the
cut to a minimum consistent with the work to be accomplished.
After the installation of the new work is completed and the
excavation has been backfilled patch the paving using materials
to match those cut out. Take care that the patches are level
with the original surfaces and thoroughly bond with them.
3.04 INSTLLATION OF CONCRETE ENCASED CONDUITS:
A. Use plastic conduits as specified, installed with steel
reinforced concrete encasement, with a miniamum of 6" of
concrete between conduits. Provide at least 30 inches of cover
from top of concrete encasement to finished grade.
16115-2
B. Support conduits completely in the trench before any concrete
is poured, using factory -fabricated plastic conduit spacers in
staggered configuration to provide the proper horizontal and
vertical spacings, and securing the entire assembly with heavy
twine or cord to insure rigidity during pouring.
C. Fabricate duct runs with standard factory -made fittings, elbows
and accessories. Make all changes of direction, horizontal or
vertical, with long sweep bends having a minimum radius of 25
feet except that manufactured bends at or near the ends of the
runs may be used on short runs of 100 feet or less. Make long
sweep bends with one or more curved or straight sections of
duct. Manufactured bends,where permitted, shall have a minumum
radius of 10 times the nominal duct diameter. Where
manufactured ducts of greater than a 30 degree angle are
required, use rigid hot dipped galvanized steel conduit bends.
During construction, protect partially completed duct lines
from entrance of dirt and debris by means of suitable factory
made duct plugs. After completion of installation, seal all
r• ends of spare ducts with factory -made duct plugs.
D. Install the concrete envelope for a given duct run in one pour
where possible. Use concrete of 3000 psi compressive strength.
In pouring concrete, do not allow heavy masses of concrete to
fall on ducts. Direct flow of concrete down sides of assembly
to bottom, forcing it to flow to center of bank and then to
rise up in middle, filling all spaces uniformly. Spade
concrete liberally and carefully with a long, flat slicing bar
between vertical rows to eliminate voids. Weight or brace the
duct bank assembly if necessary, to prevent the assembly from
,., floating. Because of the fact that plastic conduits may expand
considerably during construction, each run and its concrete
envelope shall be installed starting at one end and proceeding
toward the other with any necessary adjustments to length being
"~ made at the end toward which the work is progressing.
3.05 INSTALLATION OF UNDERGROUND PLASTIC CONDUIT:
.. A. Install at least 30 inches below finished grade unless noted to
the contrary. Assemble and install raceways in accordance with
manufacturer's instructions. Make joints with couplings and
solvent cement. Fabricate bends of 30 degrees or more with
factory -made elbows, or make field bends with proper heating
equipment. Bends showing signs of overheating or flattening
are unacceptable. Ream ends of all conduit before joining.
B. "Snake" plastic conduit in trench, from side to side, with a
complete cycle every 40 feet to allow for expansion and
contraction. Maintain this configurationduring backfilling.
• C. Where conduit turns up out of earth, or floor slabs, change
from plastic to rigid galvanized steel conduit below grade and
outside of such structures. Do not extend any platic conduit
above grade. Wrap all steel conduits and fittings buried in
earth as specified elsewhere herein, or use PVC coated steel
conduits.
i
3.06 INSTALLATION OF UNDERGROUND STEEL CONDUIT:
A. All steel conduit in earth shall be rigid galvanized steel
conduit. Wrap such conduit with 3M Company 0.020 inch thick
�., No. 51 '*scotchrap" vinyl plastic tape, half lapped to give a
�I
16115-3
double thickness wrap. Remove all oil, grease and dirt from
conduit with a suitable solvent, and cleananddry conduit
before wrapping. If conduit is pre -wrapped in the shop and
then cut and joined on the job, wrap all joints on the job,
overlapping pipe wrapping 3" on both sides of joints.
3.07 INSTALLATION OF PVC COATED CONDUITS:
A. During installation, visually examine the conduit for cuts.
Patch these areas with a paste containing a PVC solvent..
obtained from the conduit manufacturer. The patch shall be
built up to the original thickness of the coating and feathered
out on all sides of the damaged area a minimum of 1/2 inch to
provide a complete bonded seal over the damaged area.
END OF SECTION 16115
16115-4
7
SECTION 16120 - CONDUCTORS
PART 1 - GENERAL
1.01 NOTE:
A. Conform with applicable provisions of the General Conditions,
Special Conditons, General Requirements, an Supplemental
Conditions.
1.02 SUBMITTALS:
A. Submit manufacturer's data on all materials.
1.03 SCOPE:
! A. The work shall include the furnishing of all conductors,
together with all splices, connections, identification,
including pulling devices.
PART 2 - PRODUCTS
2.01 CONDUCTORS (600 VOLTS AND UNDER):
A. Type: Soft drawn, annealed copper, UL listed, rated at 600
volts, continuous without weld, splice or joint, uniform cross-
section, free from flaws, scale and other imperfections;
Okonite, Triangle, Anaconda or Simplex. No. 8 and larger shall
be stranded; No. 10 and smaller shall be solid.
., B. Insulation: Branch circuits shall have type THW or THWN
insulation unless the type is specifically designated or
specified. Service feeders shall by type THW or THWN. Feeder
circuits shall be Type THW or THWN.
C. Circuits Subjected to High Temperatures: Type THHN or. THWN
conductors for wiring in proximity to boilers, and for motors
and devices subject to high temperature because of high ambient
temperature or convection or radiant heat.
D. Lighting Fixture Conductors: Type and size approved by the NEC
for the purpose.
2.02 JOINTS AND SPLICES:
A. Stranded Copper Conductors: UL approved solderless bolted
pressure connectors or Thomas and Betts Series 54000
.. compression connectors. All connectors shall be of proper
sizes to match conductor sizes. All compression connectors
shall be applied with properly sized dies and tools. Split -
bolt connectors are not acceptable.
B. Stranded Aluminum Conductors: UL approved (AL/CU) sol.derless
bolted pressure connectors. All terminal lugs and connectors
shall be aluminum bodies and UL listed AL/CU. Equipment
suppliers shall be instructed to supply equipment with aluminum
compatible terminations. Compression type lugs shall be used
wherever space permits, two hole lugs for #2/0 AWG and larger,
one hole for #1/0 AWG and smaller. If incompatible mechanical
lugs are installed in vendor supplied equipment, they shall be
replaced by compression type lugs if space permits. If not, a
short length of copper conductor shall be pigtailed to the
aluminum conductor with a UL listed AL/CU aluminum alloy
compression type splice connector sized for the conductor.
16120-1
C. Solid Copper Conductors: UL approved solderless bolted
pressure connectors; or UL approved electrical spring
connectors of "Scotchlok", Ideal or T & B "Piggy" make. All
connectors shall be of proper sizes to match conductor sizes.
Split bolt connectors are not acceptable.
2.03 COLOR CODING:
A. Use standardized color -coding of conductors throughout. All
color coding shall be continuous for the entire length of the
conductors, and shall be permanent and readily distinguished
after installation. In,ceases'where the specified colors of
insulated wire and cable are unavailable, such conductors shall
be color -coded, as specified above, by means of Brady, or
equivalent, slip-on colored plastic sleeves or plastic tape at
all pull boxes, support boxes, outlet boxes, panelboards, and
other terminal and splicing points.
B. Neutral conductors shall be white or natural grey. Grounding
conductors shall be green, or green with one or more yellow
stripes.
C. Phase conductors shall be black, red and orange for phases A,B,
and C respectively in the 240 volt system.
PART 3 - EXECUTION
3.01 WIRE PULLING:
A. Provide suitable installation equipment for pulling conductors
into raceways or conduits. Use ropes of polyethylene, nylon or
other suitable material to pull in conductors. Attach pulling
line to conductors by means of woven basket grips or by pulling
eyes attached directly to conductors. All conductors to be
installed in a single conduit shall be pulled in together.
Pull no conductors into conduits until all work of a nature
which may cause injury to conductors is completed. Use an
Underwriters' listed cable pulling compound where necessary.
B. Cable Lubricants: All cable lubricants shall be UL listed, and
shall be certified by their manufacturer to be non -injurious to
the insulation on which they are used.
C. Pulling Devices in Empty Raceways Provide in every empty
raceway, not containing conductors to be installed by this
Contractor, a suitable pull line to facilitate future
installation of wiring. Lines shall be free from splices and
shall have ample exposed.length at each end. Identify each end
of each line with a linen tag bearing complete information as
to the purpose of the raceway and the location of its other
end. All lines shall be nylon or polyethylene cord with a
tensile strength not less than 200 pounds.
3.02 INSTALLATION OF BUILDING WIRE (600 VOLTS AND UNDER):
A. Feeders: Run all feeders their entire length in continuous
pieces without joints or splices, insofar as practicable. Dake
joints in branch circuits only where circuits divide as shown
on drawings. Such joints shall consist of one through circuit
to which shall be spliced the tap circuit.
16120-2
F
B. Branch Circuits: Not more than one power or lighting circuit
�.
shall be installed in a single conduit,,except that one 3 -wire
circuit or one 4 -wire circuit consisting of 2 different phase
wires and a common neutral or 3 different phase wires and a
common neutral may be installed in a single conduit. This
provision shall not prohibit the installation in a single
conduit of all conductors of a circuit with three- and four-way
switching.
C. Sizes: No wire shall be smaller than No. 12 except for signal
or control circuits, and except for individual lighting fixture
taps as permitted by the National Electrical Code.
r
D. Receptacle and Motor Branch Circuits: No. 12 conductors unless
noted or scheduled otherwise.
E. Joints and Splices: Make joints and splices only where
necessary and only at outlet boxes and pull boxes. All joints
^
shall be mechanically and electrically secure. After a joint
Eor
splice is complete, insulate it with Okonite rubber tape,
and Manson friction tape to make the insulation of the joint or
splice equal to that of the conductor. In lieu of this, 3M
Company's "Scotch" No. 33 vinyl plastic tape may be used if
applied in at least four layers (half lapped in two
directions), with all larger splices, terminals, sharp corners
•
and voids being first protected by application of
"Scotchfil" insulating putty.
F. Conductor splices in wet locations shall be made in accordance
"`
with the conductor manufacturer's recommendtions.
G. Joints in Aluminum Conductors: Prepare the cable by brushing
the exposed strands with a wire brush to remove surface oxides,
,.,
then apply an oxide -inhibiting joint compound (penetrax) before
inserting into the barrel of the connector and completely fill
the body of the connector or lug before compressing. Provide
spring cup Belleville washers on all bolted connections to
..
maintain high contact pressure. Exercise extreme care! to
assure proper terminations to avoid conductor creeping,
loosening, or oxidizing.
H. Cable Supports and Boxes: Install cable supports and boxes for
all vertical conductors in accordance with National Electrical
Code requirements. Boxes shall be of heavy galvanized steel
plate construction, not less than No. 10 USS gauge, riveted to
an angle iron frame. Removable box covers shall be secured
with corrosion -resistant screws. For cables without a. metallic
sheath, cable supports shall be of the split wedge type which
clamps each conductor firmly and lightens due to the wright of
cable. For cables with metallic sheath, a basket weave or
equal type of support shall be provided as approved by the
..
cable manufacturer.
END OF SECTION 16120
16120-3
No Text
SECTION 16170 - CIRCUIT AND MOTOR DISCONNECTS
PART 1 - GENERAL
1.01 NOTE:
A. Conform with applicable provisions of the General Conditions,
Special Conditions, General Requirements and Suppliemental
Requirements.
1.02 SUBMITTALS:
A. Provide complete catalog date and drawings on all items of
equipment .
1.03 MANUALS:
A. Include all submittal data in the operation and maintenance
manuals.
1.04 SCOPE:
r A. Provide all labor, material, equipment, and service necessary
for and incidental to the complete electrical distribution
system.
r.,
r PART 2 - PRODUCTS
2.01 DISCONNECT SWITCHES:
A. Unless otherwise noted or required, all disconnect switches
shall be UL listed and shall meet NEMA Standard KS1-1983 for
Type HD heavy duty switches. Switches shall be unfused unless
noted otherwise; quick make, quick break; in NEMA 3R
enclosures if exposed to the weather; elsewhere in NEMA 1
general purpose enclosures unless special enclosures are
required. All motor circuit switches shall be horsepower
rated.
B. Switches shall be of General Electric, Square D, Westinghouse
or ITE manufacture, equivalent to General Electric Type TH
quick make, quick break switches.
C. Where space does not permit use of the above specified
switches, such as within weatherproof fan housings, etc., use
suitable horsepower rated tumbler switches as unfused
disconnects; General Electric Type RB or equivalent.
D. Where disconnect switches are used to disconnect starters,
provide auxiliary poles in switches as required to disconnect
all auxiliary control circuits in starters.
END OF SECTION 16170
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16170-1
(THIS PAGE LEFT BLANK INTENTIONALLY)
SECTION 16400 - ELECTRICAL SERVICE
PART 1 - GENERAL
k
1.01 NOTE:
A. Conform with applicable provisions of the General Conditions,
Special Conditions, General Requirements, and the Supplemental
Conditions.
1.02 SUBMITTALS:
A. Submit for review catalog data and drawings for all equipment
items proposed for use under this Section.
1.03 SCOPE:
A. This section of the specifications pertains to all labor,
material and equipment for the complete electrical service from
the power company service point to the building service
entrance equipment.
PART 2 - PRODUCTS
2.01 MATERIALS
A. Underground Ducts: As specified under UNDERGROUND ELECTRICAL
DUCTS.
B. Underground Plastic Conduit: As specified under UNDERGROUND
ELECTRICAL DUCTS.
e
C. Secondary Service Conductors: As specified under CONDUCTORS.
_ PART 3 - EXECUTION
3.01 SERVICE CONNECTIONS:
A. Lubbock Power and Light will provide and install a transformer
assembly on a pole approximately where shown. Furnish and
install service entrance conductors of the size shown beginning
at weatherproof condulet fittings located on the service pole
where and as directed by the Power Company and then installed
in conduit extending down the pole, thence underground to the
service equipment. Final connections to the transformer will
be made by the Power Company.
3.02 METERING:
A. Furnish and install on the service pole, a weatherproof meter
base of the type and size as directed by the Power Company.
The metering instrument will be furnished and inserted into the
base by the Power Company.
3.03 SYSTEMS OF WIRING:
A. Electrical Service: Combined 120/240 volts, single phase, 3
wire, 60 Hz. service for lighting and power.
B. Feeders: 120/240 volts, single phase, 3 wire.
C. Branch Circuits: 2 or 3 wire as is most convenient for the
contractor, or as required to properly serve the load.
r+ D. Excavation and Backfilling: As specified under RACEWAYS AND
FITTINGS.
E. Installation of Underground Ducts: Install as specified under
UNDERGROUND ELECTRICAL CONDUITS.
6
_ 16400-1
F. Installation of Underground Plastic Conduit: Install as
specified under UNDERGROUND ELECTRICAL DUCTS.
G. Installation of Underground Steel Conduit: Install as
specified under UNDERGROUND ELECTRICAL DUCTS.
END OF SECTION 16400
E
k
SECTION 16450 - GROUNDING
PART 1 - GENERAL
1.01 NOTE:
r A. Conform with applicable provisions of the General Conditions,
C Special Conditions, General Requirements, and Supplemental
Conditions.
1.02 SUBMITTALS:
A. Submit manufacturer's data on all products.
1.03 SCOPE:
A. Furnish and install the various grounding systems outlined
herein in accordance with the National Electrical Code.
PART 2 - PRODUCTS
2.01 MATERIALS:
A. Products for grounding systems are specified elsewhere herein.
PART 3 - EXECUTION
3.01 SERVICE AND EQUIPMENT GROUNDING:
A. Provide adequate and permanent service neautral and equipment
grounding in accordance with the National Electrical Code, and
subject to the following additional requirements.
B. Connect the service ground and equipment ground to a common
point within the metallic enclosure containing the main service
disconnecting means. From the common point of connection of
the service ground and equipment ground, run in conduit a
combined service and equipment grounding conductor without
joint or splice to the grounding electrode and connect. it
thereto with an approved bolted pressure clamp. Clean all
contact surfaces thoroughly before connection, to assure good
metal to metal contact. Bond the conduit to the grounding
conductor at each end. The grounding electrode which shall be
10' long by 3/4 inch diameter copperclad steel ground rod.
C. Size grounding conductors in accordance with National
Electrical Code Tables 250-94 and 250-95.
3.02 GROUNDING RACEWAYS:
A. Assure the electrical continuity of all metallic raceway
. systems, pulling up all conduits and/or locknuts wrench tight.
Where expansion joints or telescoping joints occur, provide
r` bonding jumpers. Where flexible metallic conduit is employed,
provide a green -insulated grounding jumper installed in the
flexible conduit. Install a separate green -insulated conductor
in each non-mettallic conduit.
B. Provide grounding bushings on all service and feeder raceways
terminating within switchborads, motor control centers,
panelboards, cabinets, and all other enclosures. Provide
a
16450-1
grounding conductors from such bushings to the frame of the
enclosure and to the ground bus or equipment grounding strap.
Size grounding conductors in accordance with NEC Table 250-95.
3.03 EQUIPMENT GROUNDING CONDUCTORS:
A. Provide a separate, green -insulated copper grounding conductor,
with insulation of the same rating as phase conductors, for
each feeder and for each branch circuit indicated. Install the
grounding conductor in the same raceway with the related phase
and neutral conductors, and connect the grounding conductor to
pull boxes or outlet boxes at intervals of 100 feet or less.
Where paralleled conductors in separate raceways occur, provide
a grounding conductor in each raceway. Connect all grounding
conductors to bare grounding bars in panelboards, and to ground
buses in service equipment to the end that there will be an
uninterrupted grounding circuit from the point of a ground
fault back to the point of connection of the equipment ground
and system neautral. Size all of these grounding
conductors per NEC Table 250-95.
END OF SECTION 16450
16450-2
SECTION 16500 LIGHTING
r'
1 PART 1 - GENERAL
e
1.01 NOTE:
A. Conform with applicable provisions of the General Conditions,
Special Conditions, General Requirements, and Supplemental
Conditions.
1.02 SUBMITTALS:
A. Submit for review manufacturer's catalog data and drawings on
all interior and exterior lighting fixutres with separate sheet
for each fixture, assembled by Luminaire "Type" in alphabetical
order, with the proposed fixture and accessories clearly
labeled. Ballast and lamp data shall accompany fixture:
submittals. Submit dimensioned drawings and performance data
including coefficients of utilization, candela distribution,
spacing to mounting height ratio, efficiency and visual comfort
probability.
1.03 SUBSTITUTIONS:
A A. Flood lights and controls are specified as "no substitute"
j items. Refer to Section 16000 regarding these items.
! 1.04 SCOPE:
A. This section pertains to all labor, material, equipment and
services necessary for and incidental to the complete lighting
system as shown on the drawings and specified herein.
PART 2 - PRODUCTS
2.01 LIGHTING CONTACTORS (ELECTRICALLY HELD):
A. Lighting contactors shall be electrically held, type especially
designed to switch the current to incandescent filament,
fluorescent, mercury lamps, and other non -motor loads.
Contactors shall be rated as noted on the drawings and, unless
noted otherwise, shall be in a NEMA l housing. Coils shall be
suitable for operation on 120 volts and shall be operated from
momentary or maintained contact devices.
B. Contactors shall a Square D, 'Class 8903, no substitute.
2.02 TIME SWITCH:
A. Time switches shall be powered by a self-starting synchoronous
motor and shall have a NEMA 1 enclosure. Time switches shall
be Tork Model M-1101, no substitute.
2.03 TIMERS:
A. Timers for control of volleyball court lights shall be AMF -
Paragon Model #501-142-00, no substitute.
2.04 FLOODLIGHTS:
A. General area lighting floodlights shall be 400 watt, high
pressure sodium, NEMA 7x6 distribution, with multitap ballast
set for 240 volt operation. The fixture housing shall be die-
cast with dark bronze finish and a removeable ballast panel
roll
. 16500-1
that is interchangeable with those currently stocked by the
Owner. Floodlights shall be Hubbell #MVK-04005-268 with model
MVMG-2 mesh guard.
B. Volleyball court floodlights shall be 1500 watt, quartz, NEMA
6x5 distribution. Fixtures shall be Hubbell #QL-1505, no
substitute.
2.05 POLES AND ACCESSORIES:
A. Area lighting and volleyball lighting poles shall be round
tapered steel, 30 feet tall, capable of supporting 10.0 square
feet of fixture wind load in a 100 MPH wind,with gusts to 130,
MPH. Poles shall have an 8" bottom shaft diameter, 3.8" top
diameter and a 2-3/8" O.D. tenon top. The pole shall have a
dark bronze finish, anchor bolts, anchor bolt template,.and two
nuts and washers per bolt. Poles shall be equal to Hubbell
#RTS-P08T1-030.
B. Area floodlight poles shall be furnished with two or three
fixture mounting brackets as required. Brackets shall be equal
to Hubbell #THB-21 or THB-31.
C. Volleyball court poles shall be provided with pole top wiring
troughs equal to Hubbell #TMB-PTS.
2.06 PHOTOCELLS:
A. Photo electric controls shall be 120 volt, weatherproof units
with a Nema twistlock base, internal metal oxide surge arrester
and encapsulated cadmium sulfide cell.
2.07 PUSHBUTTON CONTROLS:
A. Pushbutton for volleyball court controls shall be heavy duty,
oil tight units with a cast junction box. Provide contacts as
required to operate timers.
3.01 OUTDOOR LIGHTING CONTROL:
A. Area lighting contactors shall be turned on by photocell and
off by time clock. Volleyball lights shall be controlled by a
pole mounted pushbutton and timer and supervised by the time
clock. When the pushbutton is operated the timer shall be
started and the lights turned on, provided the.master area
lighting time clock is "on". The volleyball court lights shall
remain on for the time period set by, the timer. the pushbutton
shall be provided with a tumbler lock, key switch which shall
bypass the timer and allow operation of lights as long as the
master area time clock is "on".
3.02 AIMING:
A. The Contractor shall be responsible for aiming all new lighting
fixtures. In general, the aim points for new lighting fixtures
are shown on the drawings. However, the exact aim point shall
be coordinated with the Owner's representative and adjustments
shall be made at no additional cost to the Owner.
END OF SECTION 16500
16500-2
NOTICE OF ACCEPTANCE
(THIS PAGE LEFT BLANK INTENTIONALLY)
.R
I
r
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
606-767-2167
Larcon Enterprises
3609 57th Street
Lubbock, TX 79413
SUBJECT: Guadalupe Park Lighting
Office of
Purchasing
September 14, 1992
The City of Lubbock, having considered the proposals submitted and
opened on the 24th day of July, 1992, for work to be done and materials
to be furnished in and for:
City of Lubbock Bid # 12119
GUADALUPE PARK LIGHTING
as set forth in detail in the Specifications, Plans, and Contract
Documents for such work for the City of Lubbock; it appearing that your
proposal is fair, equitable and to the best interest of said City,
please take notice that said proposal was accepted by the City Council
of the City of Lubbock on September 10, 1992, at the bid price contained
therein, subject to the execution of and furnishing of all other
documents specified and required to be executed and furnished under the
i" contract documents. It will be necessary for you to execute and furnish
to the City of Lubbock all such documents within ten (10) days from your
receipt of this Notice.
The five percent (5%) bid security, submitted with your proposal,
will be returned upon the execution of such contract documents and bonds
within the above specified ten (10) day period. In the event you should
fail to execute and furnish such contract documents and bonds within the
time limit specified, said bid security will be retained by the City of
Lubbock.
;CITY�
Gene Eads, C.P.M.
Purchasing Manager
C''
FZ