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Home My WebLink AboutResolution - 3963 - Contract - Row Wall Electric - Baseball Field Lighting, Mae Simmons Park - 09/24/1992Resolution No. 3963 September 24, 1992 Item #14 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 Row Wall Electric for installation of baseball field lighting at Mae Simmons 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 th ATTEST: ary APPR"ur NTENT• neManager APPROVED AS TO FORM: arolard,- Assistant'City Attorney Sw:js/R0WWALL.RES D2-Aganda/Saptambar 15, 1992 CITY OF LUBBOCK SPECIFICATIONS FOR MAE SIMMONS/MARTIN LUTHER KING BALLFIELD LIGHTING BID # 12186 for VP 05i CITY OF LUBBOCK Lubbock, Texas ��3 G t Office of Purchasing City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 606-767-2167 MAILED TO VENDOR: September 2, 1992 CLOSE: September 9, 1992 @ 2:00 P.M. BID #12186 - MAE SIMMONS/MARTIN LUTHER KING BALLFIELD LIGHTING ADDENDUM # 1 PLEASE MODIFY OR AMEND CONTRACT DOCUMENTS AS FOLLOWS: 1. At Section 05 Electrical; item 3.2 should read as follows: RIGID CONDUIT Rigid galvanized steel conduit or IMC should be installed at the service entrance to provide raceway for feeder or branch circuits. The rigid galvanized steel conduit shall connect to the bottom of the trench with a 90 degree elbow connection at its outer end. Feeder or branch circuits shall be installed using non-metallic conduit. All ends of a raceway that are not continuous shall have open butt ends protected with insulating type busing. 2. At Section 05 Electrical; item 3.3 shall be deleted. Direct { Burial cable shall not be acceptable. 3. Note 14 on the drawing should read "Lighting controller box to be supplied by owner and installed by contractor inside controller box." 4. Trenching shall be done only in areas as shown on plans. ' 5. Contractor shall install two (2) 100 amp lighting contactors and r a remote control key operated switch to control the ballfield lighting inside the concession stand. TH YOU ,. fRon Shuffiel G BUYER PLEASE RETURN ONE COPY WITH YOUR BID CITY OF LUBBOCK COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SPECIFICATIONS FOR TITLE: MAE SIMMONS/MARTIN LUTHER KING - BALLFIELD LIGHTING ADDRESS: 24TH STREET & QUIRT AVENUE CDWO: 3113-592104-0001 BID NO.: 12186 CONTRACT PREPARED BY: PURCHASING DEPARTMENT (THIS PAGE LEFT BLANK INTENTIONALLY) INDEX 1. NOTICE TO BIDDERS - 2. INFORMATION FOR BIDDERS 3. BID PROPOSAL - BID FOR LUMP SUM CONTRACTS 4. BID PROPOSAL - BID FOR UNIT PRICE 5. PAYMENT BOND (FOR CONTRACTS IN EXCESS OF $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. EXHIBITS .A. Copeland Anti -Kickback Regulations B. Current Wage Determinations 12. SPECIAL CONDITIONS OF THE AGREEMENT -13. SPECIFICATIONS (TO BE PROVIDED BY ENGINEERS) 14. SPECIAL CONDITIONS (TO BE PROVIDED BY ENGINEERS) 15. NOTICE OF ACCEPTANCE i w, i. Ii �1 INDEX 1. NOTICE TO BIDDERS - 2. INFORMATION FOR BIDDERS 3. BID PROPOSAL - BID FOR LUMP SUM CONTRACTS 4. BID PROPOSAL - BID FOR UNIT PRICE 5. PAYMENT BOND (FOR CONTRACTS IN EXCESS OF $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. EXHIBITS .A. Copeland Anti -Kickback Regulations B. Current Wage Determinations 12. SPECIAL CONDITIONS OF THE AGREEMENT -13. SPECIFICATIONS (TO BE PROVIDED BY ENGINEERS) 14. SPECIAL CONDITIONS (TO BE PROVIDED BY ENGINEERS) 15. NOTICE OF ACCEPTANCE (THIS PAGE LEFT BLANK INTENTIONALLY) PIW u I NOTICE TO BIDDERS No Text m NOTICE TO BIDDERS CDWO 3113-592104-0001 COMMUNITY DEVELOPMENT BLOCK GRANT CITY OF LUBBOCK BID # 12186 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 9th day of September. 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: MAE SIMMONS/MARTIN LUTHER KING - BALLFIELD 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 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 September 1. 1992 at 10:00 o'clock a.m., Personnel Conference Room 108, Municipal Building, 1625 13th Street. CITY OF LUBBOCK, TEXAS n: -)Gene Eads, C.P.M. Purchasing Manager (THIS PAGE LEFT BLANK INTENTIONALLY) ^' r( 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 be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (b) of this provision. The knowledge and information of a bidder is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (h) USTR list. The USTR published an initial list in the Federal Register on December 30, 1987 (53 FR 49244), which identified one country - Japan. The USTR can add countries to the list, and remove countries from it, in accordance with section 109(c) of Pub. L. 100-202. S& -Z -'s CJ.2k Contractor By: -4,,., 116 CZ - (Seal if Bidder is a Corporation) ATTEST: tr Secretary .�4 MIJ I ,.I . .1 INFORMATION FOR BIDDERS (THIS PAGE LEFT BLANK INTENTIONALLY) F, j INFORMATION FOR BIDDERS r 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 9th day of .1 SeRtember, 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 MAE SIMMONS J MARTIN LUTHER KING - BALLFIELD 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 of the bidder to perform the work, and the bidder shall furnish to the Owner all such informa- tion and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitt.ed by, or investigation of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. Conditional bids will not be accepted. Bidder must be acceptable to the Owner after verification by the HUD Area Office of the bidder's current eligibility status. 6. Bid Security Each bid must be accompanied by cash, certified check of the bidder or a bid bond duly executed by the bidder and issued by a surety company approved by the Owner, in the amount of 5% of the bid. Such cash, checks or bid bonds will be returned to all except the three lowest bidders within three (3) days after the opening of bids, and the remaining cash, checks or bid bonds will.be returned promptly after the Owner and the accepted bidder have executed the Contract, or, if no award has been made within thirty (30) days after the date of the opening of ;bids, upon demand of the bidder at any time thereafter, so long as he has not been notified of the acceptance of his bid. r I The successful bidder, upon his failure or refusal to execute f and deliver the Contract, certificate of insurance and bonds required within ten (ten) days after he has received notice of the acceptance of his bid, shall forfeit to the Owner the security deposited with his bid. 7. Time of Completion and Liquidated Damages Bidder must agree to commence work on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within .(60) SIXTY working days thereafter. Bidder must agree also to pay as liquidated damages the sum of $100.00 lone Hundred dollars for each consecutive calendar day thereafter in which the project is not fully completed. 8. Conditions of Work Each bidder must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of his Contract. Insofar as possible the Contractor, in carrying out his work must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor. 9. Addenda and Interpretations No interpretation of the meaning of the plans, specifications or other documents pre-bid 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 days (5) 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 f 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 a„ receive any such addendum or interpretation shall not f - 3 - i relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents. 10.' Performance Bond and Payment Bond (Contract in Excess of $25,000) - The successful bidder shall be required to furnish a performance bond and payment bond in accordance with Article 5160, Vernon's Annotated Civil Statutes, in the amount of ^ 100% of the total Contract price, in the event said Contract price exceeds $25,000.00. If the contract price does not exceed $25,000.00, the statutory bonds will not be required. All bonds, if required, shall be submitted on the forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. And it is further agreed that this Contract shall be in effect until such bonds are so furnished. Said statutory bonds should be issued by a Company carrying a current Best Rating of B 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 the opening of bids, each bidder will be presumed to have inspected the site and to have read and to - 4 - be thoroughly, familiar with the plans and Contract Documents as defined in the General Conditions. The failure or omission of any bidder to examine any form, instrument or document shall in no way relieve any bidder from -any • obligation in respect of his bid. 17. Protection of the Work The Contractor shall be responsible for the care, preser- vatian, 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 t -he date the City issues its certificate of completion to the If Plans and Specifications are too bulky or cumbersome to be physically bound to the r r Contract Documents, they are to be considered incorporated by reference into the aforemen- tioned Contract Documents. 15. Texas State Sales Tax - r, 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 the on construction site will not relieve the Contractor of full responsibility for t 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- vatian, 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 t -he date the City issues its certificate of completion to the - S r r �. Contractor. The City reserves the right, after the bids have been opened and before the Contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder, showing completed jobs of a similar nature to the one covered by the proposed Contract and all work in progress, with bond amounts and percentage of work completed. (b) A sworn statement of the current financial condition of the bidder. (c) An equipment schedule. 18. Protection of Subsurface Lines and Structures It shall be the Contractor's responsibility to prosecute the work contemplated by the Contract Documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contem- plated by these Contract Documents. The City of Lubbock agrees that it will furnish Contractor with information as to the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforemen- tioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this Contract shall be repaired immediately by the Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 19. Contractor's Representative The successful bidder shall be required to have a respon- sible local representative available at all times while the work is in progress under this Contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this Contract is in progress. 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) ,-7 7 (THIS PAGE LEFT BLANK INTENTIONALLY) BIO PROPOSAL 810 FOR LUMP SUM CONTRACT PLACE:' DATE • " I - 4 �Z PROJECT NO: �^ / Proposal of & tj 141 C. G /,cc, "-r I C— (hereinafter called "Bidder") To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called "Owner") Gentlemen: The Bidder in compliance with your invitation for bids for MAE SIMMONS/MARTIN LUTHER KING - BALLFIELD 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: k i SERVICES: (S TOTAL BID: (f 3 C;00 ) (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 5100.00 (ONE HUNDRED DOLLARS) for each working day in excess of the time set forth fi hereinabove for completion of this project, all as more fully set forth in the General Conditions of the contract. I_ Bidder understands that the Owner reserves the right to reject any or all bids and to Naive a formalit in h + bidding. any Y the j L Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days e ( 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 C L 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. f Enclosed with this proposal is a Cashier's Check or Certified Check for Dollars (S ) or a Proposal Bond in the sum of Dollars (S ), 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. (JR0 *eP . 4 Contractor By: (Seal if Bidder is a Corporation), i ATTEST: Secretary L i L l L L 7 i WASHINGTON L%'rMN AT10`AL L%s wwi CUftitT'ksry SNOW ALL NiFN BY THESE PRESENTS: That We, ROW—WALL ELECTRIC, INC. BID OR PROPOSAL BOND j) (hereinafter called the principal), as przcipal. and WASHINGTON IiiTERNATIONAL INSURANCE CO. a corporation organ- ized and doing business under and by virtue of the laws of the State of ARIZONA , and duly licensed for the purpose of •._ : -making, guaranteeing or.becaaing sole surety -upon bonds.or undertakings required or authorized hy. the laws -of the.Slate of: IA$.1: as Surety, cre held and firmly bound unto (hereinafter called the Obligee; CITY OF LUBBOCK in the just and he sum of FIVE PERCENT OF THE GREATEST AMOUNT BID ------------------------------ D011= (S-------5%---------) Iawhrl money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our and each of our successes and assigns, jointly and severalty, firmly by these presents THE CONDITION OF THIS OBLIGATION IS SUCH THAT, Wl?EMEREAS, the above bounden principal as aforesaid, is about to hand in and submit to the obligee c bid or proposal for the MAE SIMMONS/MARTIN LUTHER KING — BALLFIELD LIGHTNING in accordance with the plaits and specifications filed in the office of the obligee and under the notice inviting proposals therefor. NOW. THEREFORE, if the -bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal - thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by lax, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said Principal and said Surety have caused these presents to be duly signed and sealed this 9TH hof SEPTEMBER - !g 92 ROW—WALL ELECTRIICC, INC. By /a _ WASHINGT INTERNATIONAL INSURANCE COMPANY r7l By&Sab- O4WARD Atso:aey-tn-Fah General WASHINGTON INTERNATIONAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Washington International Insurance Company,a corporation organized and existing under the laws of the State of Arizona, and having its principal office in the Village of Schaumburg, Illinois, does hereby constitute and appoint * * * HOWARD COWAN, KEVIN DUNN, AND CARLA ROGERS * * * its true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertaking, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said Washington International Insurance Company as fully and amply, to all intents and purposes, as if the same has been duly executed and acknowledged by its President at its principal office. This Power of Attorney shall be limited in amount to $1,000,000.00 for any single obligation. This Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted February 4, 1976, and January 17, 1984, which read, in part, as follows: 1. The President may appoint Attorneys -in -Fact, and authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds, and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Special Attorneys -in -Fact, who are hereby authorized to certify to copies of any power-of-attorney issued in pursuant to this section and/or any of the By -Laws of the Company, and to remove, at any time, any such Attorney-in-fact or Special Attorney -in -Fact and revoke the authority given him." 2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the corporate seal of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seat affixed in the ordinary course of business shalt be valid and binding upon the company. IN TESTIMONY WHEI corporate seat to ernationat Insurance Company has caused this instrument to be signed and its )rized offic this 23rd day of March, 1992. �+ WA G INTER AL INSURANCE COMPANY r a Ste erson, Vice President STATE OF ILLINOIS COUNTY OF COOK On this 23rd day of March, 1992, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said that he is the therein described and authorized officer of the Washington International Insurance Company; that the seat affixed to said instrument is the Corporate Seal of said Company; IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my Official Seal, the day and year first above writ="OFFiCI� ^^^SERV' ARETSKYtate of Illinois ristinetaretsky,,//No ary Pubtxpires 10/7/92 My Commission Expyfes tober 1992 CERTIFICATE STATE OF ILLINOIS ) COUNTY OF COOK ) .. 1, the undersigned, Secretary of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article 1II, Section S of the By -Laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now in force. Signed and seated in the County of Cook. Dated t 9TH d of SEPTEMBER, 19 92. Lewis M. Moeller, Secretary r I i, 1 r 17 PAYMENT POND w; r 4 F 1, r f d� i P (THIS PAGE LEFT BLANK INTENTIONALLY) r k. BOND NO. S-200-8838 STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 71ST LEGISLATURE, REGULAR SESSION 1989 (McGREGOR ACT — PUBLIC WORKS) (Penalty of this Bond must be 100% of Contract Amount) KNOW ALL MEN BY THESE PRESENTS. That ROW—WALL ELECTRIC, INC. (hereinafter called the Principal), as Principal. and WASHINGTON INTERNATIONAL INSURANCE COMPANY (hereinafter called Surety), as Surety, are held and firmly bound unto CITY OF LUBBOCK (hereinafter called the Obligee), In the amount of THIRTY NINE THOUSAND FIVE HUNDRED AND NOIJQO------- ----------------------- ------------- — DOLLARS (s 39,500.00 ) 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 24TH day of SEPTEMBER .1a 92 ,to MAE SIMMONS BALLPARK LIGHTING PROJECT 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 Iabor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 71st Legislature, Regular Session, 1989, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 30TH day of SEPTEMBER ,19 92 ROW WALL ELECTRIC INC . (Pnnacaq ey Arn� d WASHINGTON INTERNATIONALAINSURANCE COMPAWWOM cy d'�.-1 KEVIN DUNN Attamey4n-Fact IMPORTANT NOTICE To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain k information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 FAX # (512)475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. i General E r WASHINGTON INTERNATIONAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Washington International Insurance Campany,s corporation organized and existing under the laws of the State of Arizona, and having its principal office in the Village of Schaumburg, Illinois, does hereby constitute and appoint * * * HOWARD COWAN, KEVIN DUNN, AND CARLA ROGERS * * * its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakirgp, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or permitted by taw, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said Washington International Insurance Company as fully and amply, to alt intents and purposes, as if the same has been duly executed and acknowledged by its President at its principal office. This Power of Attorney shall be limited in amount to 51,000,000.00 for any single obligation. This Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted February 4, 1976, and January 17, 1984, which read, in part, as follows: 1. The President may appoint Attorneys -in -Fact, and authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds, and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Special Attorneys -in -Fact, who -are hereby authorized to certify to copies of any power- of -attorney issued in pursuant to this section and/or any of the By -Laws of the Company, and to remove, at any time, any such Attorney -in -Fact or Special Attorney -in -Fact and revoke the authority given him.$ 2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the corporate seal of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shalt be valid and binding upon the company. IN TESTIMONY WHEREOF, f0 tl nternationat Insurance Company has caused this instrument to be signed and its corporate seal to be a s orized offic , this 23rd day of March, 1992. AW 0••*:.�G�� WA G INTER AL INSURANCE COMIPANY z ;CORPORATE : z a, 00 : SEAL ; �i *� ; n o Ste erson, Vice President I y ARIZONA 'p . STATE OF ILLINOIS•••.....•'� a�~ o COUNTY OF COOK ) On this 23rd day of March, 1992, before me came the individual who executed the preceding instrument, to me personally known, and, being by we duty sworn, said that he is the therein described and authorized officer of the Washington International Insurance Company; that the seal affixed to said instrument is the Corporate Seal of said Company; IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, the day and year first above writ=CHRISTINE �........EAL"ETSKYof Illinois istine Zaretsky No ary Publ 10/7/92 My Commission Exp es tober 1992 CERTIFICATE STATE OF ILLINOIS COUNTY OF COOK ) 1, the undersigned, Secretary of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article III, Section 5 of the By -Laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now in force. Signed and seated in the County of Cook. Gated th,r3OTH�I;ESAPTEMBER, 14 92 Lewis M. Moeller, Secretary I � I.: t. PERFORMANCE BOND E. . 7 1 (THIS PAGE LEFT BLANK INTENTIONALLY) PON k � I 4 - BOND NO. S-200-8838 r STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160 s OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 71ST LEGISLATURE, REGULAR SESSION 1989 (McGREGOR ACT - PUBLIC WORKS) (Penalty of this Bond must be 100% of Contract Amount) KNOW ALL MEN BY THESE PRESENTS. That ROW–WALL ELECTRIC, INC. (hereinafter called the Principal), as Principal, and WASHINGTON INTERNATIONAL INSURANCE COMPANY (hereinafter called Surety), as Surety. are held and firmly bound unto CITY OF LUBBOCK (hereinafter called the Obligee), in the amount of THIRTY NINE THOUSAND FIVE HUNDRED AND N01100 --------- --------------------------------------------------------- DOLLARS ---------------------------------------------------------- DOLLARS (539,500.00 ) 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 24TH day of SEPTEMBER— '19 92 ,to MAE SIMMONS BALLPARK LIGHTING PROJECT 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, THERREFORE, 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 71st Legislature, Regular Session, 1989, and all liabilities on this bond shall be E 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 30TH day of SEPTEMBER .19 92 ROW–WALL ELECTRIC INC. (Principal) by WASHINGTON INTERNATIONAL WSURANCE COMPANFufety) by KEVIN DM Artomey4n•Fact i a IMPORTANT NOTICE To obtain information or make a complaint: �^ You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: r 1-800-252-3439 You may write the Texas Department of Insurance: i . P.O. Box 149104 Austin, TX 78714-9104 FAX # (512)475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: t This notice is for information onlyand does not become a part or condition of the attached document. i P General WASHINGTON INTERNATIONAL INSURANCE COMPANY POWER OF ATTORNEY ALL exOiWsting MEN underYtheTHESE tawsPRESENTS: the State ofthe Arizona,, and having gton rits principal Officl Insurance e the Village g of organized chaumburg Illinois, does hereby constitute and appoint * * * HOWARD COWAN, KEVIN DUNN, AND CARLA ROGERS * * * its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertaking, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or nay be allowed, required, or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such fnstrument(s) in pursuance of these presents, shalt be as binding upon the said Washington International Insurance Company as fully and amply, to all intents and purposes, as if the same has been duty executed and acknowledged by its President at its principal office. This Power of Attorney shall be limited in amount to $1,000,000.00 for any single obligation. This Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted February 4, 1976, and January 17, 1984, which read, in part, as follows: 1 The President may appoint Attorneys- In -Fact, and authorize them to execute on behalf of the Company, and attach the Seat of the Company thereto, bonds, and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Special Attorneys -in -Fact, who are hereby authorized to certify to copies of any power-of-attorney issued in pursuant to this section and/or any of the By -Laws of the Company, and to remove, at any time, any such Attorney -in -Fact or Special Attorney -in -Fact and revoke the authority given him.* 2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the corporate seal of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seat affixed in the ordinary course of business shall be valid and binding upon the company. IN TESTIMONY WHto be 4 t►�a yr�j�O n�t m corporate seal to �'td4�iIF�� //jy;��' or o ,t;' .•'• '% G 0 _;CORPORATE'; ,C ; SEAL ee zoya.,• STATE OF ILLINOIS 7� •..,�,,•• a�;•� COUNTY OF COOK national Insurance Company has caused this instrument to be signed and its $zed offfc , this 23rd day of March, 1992. p WA G INTER AL INSURANCE COMPANY 10 Ste erson, Vice President On this 23rd day of March, 1992, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said that he is the therein described and authorized officer of the Washington International Insurance Company; that the seat affixed to said instrument is the Corporate Seat of said Company; IN, TESTIMONY WHEREOF, I have hereunto set kNC1AL SEAL" C RISTINE ZARETSKY No ry Public. State of Illinois MY mmialot Expires 10/7/92 STATE OF ILLINOIS ) COUNTY OF COOK ) CERTIFICATE hand and affixed my Official Seal, the day and year first above =ristine Zaretsky./No ary My Commission Exai+es octd I, the under igned, Secretary of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, 00 HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article III, Section S of the By -Laws of the Corporation, and the Resolution of the Board of Directors, sat forth in the Power of Attorney, are now in force. Signed and seated in the County of Cook. Dated t0TH dAwofSEPTEMBER , 19 92 Lewis M. Moeller, Secretary CERTIFICATE OF INSURANCE (THIS PAGE LEFT BLANK INTENTIONALLY) i" s !" FARMERS Ir4SURANCE GROUP OF= ^,C(v1PANIIES I Single limit liability for coverages checked X 4b0vel1gPa,QOfleach accident CARGO - ------------------"..�------. - each -Vehicle ---------- each occurence WORKERS -COMPENSATION -------- -----------------------------------------------------.----------- COVERED NOT-COVEREfl X - ______-._,____---___-- UMBRELLA LIABILITY ----------------------------------------- TRUCK INSURANCE EXCHAY46C I INTERIM CERTIFICATE AS TO EVIDENCE OF INSURANCE --�_,_-____-_-- This is It does not an insurance policy. This is only a verification of insurance. in ----------------each not any way mend, extend or alter the coverage provided by -;fie f---- policies listed below: thirty day written notice to AGENT 3547-31S shown below. NAMED Certificate issued to: INSURED GENERA? LIABILITY - 7581 ib 84 City of Lubbock JO$ BRA :Row Wall Electric, Inc, AUTO LIABILITY - 7581 tb 83 PO Box 2000 AMERICA Lubboct, TX 79457 P.O. Box 1914 CARBO LIABILITY - Lubbock, Tx. 79408 YORKERS COMPENSATION - N2207 04 35 P-- i lie certify that policies for the above namod Insured are in force as follows: r This Interim Certificate As to evidence of Insurance shall exlire sixty days ' from 12_01 A.K. October_?_ ---,1197, unless cancelled prior to such date by l.rritten notice to the naeed lnsvred, r COMMERCIAL 6ENERAt LIABILITY COVERA6 LIMITS OF INSURANCE ----NOT ------BODILY COVERED COVEREQ--------- _ INJURY OR -PROPERTY DAMA6E X - General Aggregate Limit (Other than 2,000,000 Products/Completed Operations) X - Products/Completed 00efations Aggregate 21000,000 Limit X - Each Occurence 11000,Q00 X - Personal k Advertising Injury 1.000.000 X Fire Damage r- o- X - Medical Expenses 5,000 AUTO LIABILITY _COi+_ERR..---_-- --X 6E ______ LIMITS -OF -INSURANCE ____ __ - Owned eOdily :n�Lry--`---------_- tach Person--- X _ }tired Accident X -._-_-___.._each Non -Owned Property Damage each Accident -Liability X - Employer's Ownership Contingent Single limit liability for coverages checked X 4b0vel1gPa,QOfleach accident CARGO - ------------------"..�------. - each -Vehicle ---------- each occurence WORKERS -COMPENSATION -------- -----------------------------------------------------.----------- COVERED NOT-COVEREfl X - ______-._,____---___-- UMBRELLA LIABILITY ----------------------------------------- I Umbrelia Policy Number --�_,_-____-_-- _ each -`-- ------ _ ___ accident ----------------each occurence f---- If we cancel this Certificate ------ --- aggregate before the expiration Sate a--: will :Dail a thirty day written notice to the other loterest shown below. Certificate issued to: !" City of Lubbock JO$ #12186 PO Box 2000 AMERICA Lubboct, TX 79457 CAN DEPENDON FARMER'S iQ-67-92 ---�� -_-- t P-- i DateDuAttrSiCIAeture IMPORTANT NOTICE To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 FAX # (512)475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. i General WASHINGTON INTERNATIONAL INSURANCE COMPANY POKER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Washington International Insurance Company,a corporationorganized and 9 ! existing under the laws of the State of Arizona, and having its principal office in the Village of Schaumburg, Illinois, does hereby constitute and appoint • • HOWARD COWAN, KEVIN DUNN, AND CARLA ROGERS w r • its true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakirpp, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or permitted by law, statute, rule, regulation, contract or otherwise, and P" the execution of such instrument(s) in pursuance of these presents, shad be as binding upon the said Washington i International Insurance Company as fully and amply, to all intents and purposes, as if the same has been duly executed and acknowledged by its President at its principal office. This Power of Attorney shall be limited in amount to $1,000,000.00 for any single obligation. This Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted February 4, 1976, and January 17, 1984, which read, in part, as follows: 1. The President may appoint Attorneys -in -Fact, and authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds, and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Special Attorneys -in -Fact, who are hereby authorized to certify to copies of any power-of-attorney issued in pursuant to this section and/or any of the By -Laws of the Company, and to remove, at any time, any such Attorney -in -Fact or Special Attorney -in -Fact and revoke the authority given him." 2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the corporate seal of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shall be valid and binding upon the company. IN TESTIMONY WHEREOF, corporate seal to be—, STATE OF ILLINOIS a COUNTY OF COOK ) Insurance Company has caused this instrument to be signed and its y4, this 23rd day of March, 1992. On this 23rd day of March, 1992, before me came the individual who executed the preceding instrument, to me personalty known, and, being by me duty sworn, said that he is the therein described and authorized officer of the Washington International Insurance Company; that the seat affixed to said instrument is the Corporate Seal of said Company; IN TESTIMONY WHEREOF, I have hereunto se writ =CHRISTINEZARETsKy EAL" ETSMYof Illinoiss 10/7/92 CERTIFICATE STATE OF ILLIWOIS COUNTY OF COOK ) t my hand and affixed my Official Seal, the day and year first above Oistine Zaretsky,/ No ary Publ' My Commission Exp- es tuber 1992 I, the undersigned, Secretary of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, 00 HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article III, Section 5 of the By -Laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now in force. 5 Signed and sealed in the County of Cook. Dated t 30TH d of$ �PTEMBER , 19 92 Lewis x. Moeller, Secretary i HUD CERTIFICATIONS SECTION 3/STATEMENT OF WORK FORCE NEEDS (IN EXCESS OF $109000) (THIS PAGE LEFT BLANK INTENTIONALLY) i HUD -52554 (1.87 HB 7417.1 A 7417.1 REV- • U.S. Department of Housing Supplement t0 the and Urban Development General Conditions of the Public and Indian Hosing Contract for Construction Article 1 — Labor Standards r Applicability The Project or Program to which the construction work covered and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is by this contract pertains is being assisted by the United States necesssary. (Approved by the Office of Management and Budget of America and the following Federal Labor Standards Provisions under OMB Control Number 1215-0140.) r•+ j are included in this Contract or related instrument pursuant to the provisions applicable to such Federal assistance. (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and A. 1. (1) Minimum Wages. All laborers and mechanics employed HUD or its designee do not agree on the proposed classification or working upon the site of the work (or under the United States and wage rate (including the amount designated for fringe benefits, P" Housing Act of 1937 or under the Housing Act of 1949 in the where appropriate), HUD or its designee shalt refer the questions, F construction or development of the project), will be paid uncon• including the views of all interested parties and the recommenda. ditionally and not less often than once a week, and without tion of HUD or Its designee, to the Administrator for determination. subsequent deduction or rebate on any account (except such The Administrator, or an authorized representative, will issue a payroll deductions as are permitted by regulations Issued by the determination within 30 days of receipt and so advise HUD or its Secretary of Labor under the Copeland Act (29 CFR Part 3), the designee or will notify HUD or its designee within the 30 -day perioc full amount of wages and bona fide fringe benefits (or cash that additional time is necessary. (Approved by the Office of equivalents thereof) due at time of payment computed at rates Management and Budget under OMB Control Number 1215-0140.) not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part (d) The wage rate (including fringe benefits where ap- propriate) determined pursuant to subparagraphs A.1.(ii)(b) hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and 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 mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis - is performed in the classification. Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provi- (ill) Whenever the minimum wage rate prescribed in the con• tract for a class of laborers or mechanics includes a fringe benefit 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 which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated In the wage determination or shall pay than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made another bona fide fringe benefit or an hourly cash equivalent thereof. or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate (Iv) if the contractor does not make payments to a trustee or wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs r except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's upon the written request of the contractor, that the applicable stan- dards of the Davis -Bacon Act have been met. The Secretary of payroll records accurately set forth the time spent in each Labor may require the contractor to set aside in a separate account I classification in which work is performed. The wage determina- tion (including any additional classification and wage rates con- assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB formed under 29 CFR Part 5.5(a)(1)(ii) and the Davis -Bacon poster Control Number 1215-0140.) (WH -1321) shall be posted at all times by the contractor and its 2. Withholding. HUD or its designee shall upon its own -action subcontractors at the site of the work in a prominent and ac• or upon written request of an authorized representative of the cessible place where It can be easily seen by the workers. Department of Labor withhold or cause to be withheld from the (Ilxa) Any class of laborers or mechanics which is not listed in the wage determination and which s h employed contractor under this contract or any other Federal contract with the same prime contractor, or any other Federallyassisted contract 4 under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classifica• subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or tion and wage rate and fringe benefits therefore only when the advances as may be considered necessary to pay laborers and following criteria have been met: mechanics, Including apprentices, trainees and helpers, employed (1) The work to be performed by the classification by the contractor or any subcontractor the full amount of wages re - quired by the contract. In the event of failure to pay any laborer or requested is not performed by a classification in the wage deter- mination; and mechanic, Inlcuding any apprentice, trainee or helper, employed or (2) The classification is utilized in the area by the working on the site of the work (or under the United States Housin, Act of 1937 or under the Housing Act of 1949 in the construction construction industry; and (3) The proposed wage rate, including any bona fide o development of the project), all or part of the wages required by th, contract, HUD or its designee may, after written notice to fringe benefits, bears a reasonable relationship to the wage rates Contained in the wage determination, the con. tractor, sponsor, applicant, or owner, take such action as may be (b) If the contractor and the laborers and mechanics to necessary to cause the suspension of any further payment, ad. vance, or guarantee of funds until such violations have ceased. rw be employed in the classification (if known), or their represen• HUD or its designee may, after written notice to the contractor, • tatives, and HUD or its designee agree on the classification and disburse such amounts withheld for and on account of the contras wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by for or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements HUD or its designee to the Administrator of the Wage and Hour Division, in th case of direct Davis -Bacon Act contracts. Employment Standards Administration. U.S. Department of Labor, Washington, D.C. 20210. The Administrator, 3. (1) Payrolls and basic records. Payrolls and basic records or an authorized representative, will approve, modify, or disapprove relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three every additional classification action within 30 days of receipt 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 i HUD -52554 (1.87 HB 7417.1 A 7417.1 REV- __ Page 4 of 4 Pages --- -ti ---- qualified applicants will receive consideration for employment struction work: Provided, that if the applicant so participating is a without regard to race, color, religion, sex, or national origin. State or local governrnert, tho above equal opportunity clause is C. The Contractor will send to each labor union or represen• 1,not applicable to any agency, Instrumentality or subdivision of such" tative of workers with which it has a collective bargaining agree- _ government which does not participate in work on or under the merit or other contract or understanding a notice to be provided contract. .. _ •• �; ; •.'':: ' •,;:r; fir• --;=,:fit: 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. -..' s • • _ . • . t, . ; equal opportunity clause and the rules, regulations, and relevant D. The Contractor will comply with all provisions of Executive " orders of the Secretary of Labor, that it will furnish the administer. Order 11246 of September 24, 1965 and of the rules, regulations, Ing agency and the Secretary of Labor such information as they and relevant orders of the Secretary of Labor. may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the E. The Contractor will furnish all information and reports re' ; quired by Executive Order 11246 of September 24, 1965, and by i= agency's primary responsibility for securing compliance. rules, regulations, and orders of the Secretary of Labor, or put- J. The applicant further agrees that It will refrain from entering It. . 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 an( federally assisted construction contracts pursuant to the Executive F. In the event of the Contractor's noncompliance with the ,:.i, order and will carry out such sanctions and penalties for violation. • nondiscrimination clauses of this contract or with any of the ° ` of the equal opportunity qactrs clause as may be imposed upon conlrac• t: said rules, regulations, or orders, this contract may be canceled, ; tors and subcontractors by the administering agency or themay terminated, or suspended in whole or in part and the Contractor Secretary of Labor pursuant to Part II, Subpart D of the Executive 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. : with these undertakings, the administering agency may take cedures authorized in Executive Order 11246 of September 24,comply 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, ti refrain from extending any further assistance to the applicant undo 1965, or by rule, regulations 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. y=. ••• ? s-� ' r -i-`j; paragraphs A through G in every subcontract or purchase order -•�: -,• a'' x '''1=r '+� unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive OrderArticle 3 — Equal Opportunity for Businesses and Lower Income Per - 11246 of September 24, 1965, so that such provisions will be' :., sons Located Within the Project Area binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase , , ,: ,,� .• _ A. The work to be performed under this contract is on a project order as the Secretary of Housing and Urban Development or the assisted under a program providing direct Federal financial. ?' .• ; - Secretary of Labor may direct as a means of enforcing such pro- assistance from the Department of Housing and Urban Develop ••. visions, including sanctions for noncompliance. Provided, .�; 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, iitigation with a subcontractor or vendor as 1701u. Section 3 requires that to the greatest extent feasible oppor- a result of such direction by the Secretary of Housing and Urban . tunities for training and employment be given lower Income --%.*-;_: Development or the Secretary of Labor, the Contractor may re- residents of the unit of local government or the metropolitan area quest the United States to enter into such litigation to protect (or nonmetropolitan county) as determined by the Secretary of the interests of the United States. �_•...,: ,:.:`.:..:;....... = Housing and Urban Development in which the project is located H. The applicant further agrees that it will be bound by the , and contracts for work In connection with the project be awarded to above equal opportunity clause with respect to its own employ "' business concerns which are located in, or owned in substantial �- - ment practices when it participates in federaly assisted con- __., ! part by persons residing In the same metropolitan area or ,., ;,' ° •: t �: } f nonmetropolitan county) as the project. ' " .,; "''•,z'� 331 •.. ��•; ,7j• i. iCf ,nom •i' .i•�+'ry :t,1 • e;l :•i -- 1 t 5,• t,a h, r. i (..„:.•,t:'}t '' f :r1\.•b 7 7. lv � .1� .. t', i.. f ! 1 �, � let' r: r. ��• ,; �. , �vf' c:., f3 hU;. • 1G t , �c,a 'I ., a ��Z'LA..:C , �if•:•�:.,.•��.a,.o-��'• r.�e►. !� :'!'^:. r:Ys`�l;;•..• t i !.s:+ t•'-wr q Y .,r L. ±h , ••-�.' '• '' � � i ( 3 f � 1... � e =. N�trl:, �i,l 1 yi.3•.,tl.t”! 4.D'. �'=�.: 4 ,- ..hili •�3'.hJ. t+� i, _L'.:)'d. lw,Ty :.. i! ..,.�t,,:.,nr: G.: • ti �3•:r: . '�� r \ is 1 t F ' , .Al S+ u2tu :, ,; r _: � !rte• 'Rf;•l�+,irit.t^—W:y;rrfa+:: i� ,Ps �,.;f•+` srr , s, '.; '4' sr' . f \= .. >'. ..� _,� � , - ., ti •! ,.t .r.;{:_ :.r i, �, �r C t t_ Snr .,i4t .ill7ln t!G•! ui,.lt,>;t}4.(+s}ri•.1,�'t�r�1j,� .:. _.{••, -, rt;f �- + .g `; •_ - ,.:..sp It .i �w 1�.� p fr j� � r. . �• :,t }.`. r•ll;t*"• � �•�-. - .r _ -' �'� "''�"•i` : } t� ri .. r:.. �,...: t �1. f.• 1 '.'rl1 • a\4[ .. .� � . •i. ,ts .•... , •.. • ••r 'i, );. ^ .i'" fr7.'\e 1.:,;':'i'.'••':1rt' �'�•}n r,naorr,i,ltt i, '� •.j iii.•, • ••s ..\ •, •. •. •.. _ .• __ Page 4 of 4 Pages --- -ti ---- CONTRACTOR INFORMATION TO: City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 DATE: S 4? -'T, PROJECT NUMBER CDWO: PROJECT NAME: 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: • _ lqr� 5 41, 2. The undersigned is: (a) A single proprietorship (list sole owner) (b) A partnership (list all partners) (c) A corporation (names of all principals and their titles) ... / President: Vice -President: Secretary -Treasurer: Al, J 3. The Taxpayer Identification Number for the undersigned is (whichever is applicable): (a) Employer Identification Number (Federal Identification Number): `?Sr-IZ 'iS �r (b) Social Security Number: 4. If awarded the bid for the aforementioned project, the undersigned agrees to forward to the City of Lubbock within — ten days after the execution of any subcontractor(s) a list of all subcontractors who will be employed on said project. This list will consist of the subcontractor's legal name and -� business address. Re Ofcr— Contractor Date BY: 4,- .. C r- D f i x p, t d ¢ OO V U N W O O Z W ►� uZ Z Z O Q W ." � 3 d .. fi O Z W W f.. N Ir Q 4 r-1 air W � war r G. .t i` d i l.. ! W CCC Z p O O Q N W o OM c.1 ¢ r P r LA- 0 .J W d N co J d � a c=.1 m pO O W N Q ►W-1 Ia-1 O ►�+ W z¢ ¢ v (THIS PAGE LEFT BLANK INTENTIONALLY) CONTRACT 0 (THIS PAGE LEFT BLANK INTENTIONALLY) CONTRACT THE STATE OF TEXAS COUNTY OF.LUBBOCK THIS AGREEMENT, made and entered into this 24th day of September. (,. 1992, 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—Row-Wall Electric. Inc. of the City of Lubbock, County of Lubbock and State of Texas, hereinafter referred to as CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any), the CONTRACTOR hereby agrees with the OWNER to commence and complete the construction of certain improvements described as follows: Bid # 12186 - MAE SIMMONS BALLPARK LIGHTING PROJECT IN THE AMOUNT OF $39,500.000. and all extra work in connection herewith, under the terms as stated in ±.. the Contract Documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the Contract Documents, as defined in the General Conditions of the Agreement. The CONTRACTOR hereby agrees to commence work within ten (10) days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the Contract Documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the Contract in accordance with the proposal submitted therefor, subject to additions and deductions, as provided in the Contract Documents, and to make payment on account thereof as provided therein. r ll IN WITNESS WHEREOF, the T es to ese presen s have executed this contract in five (5) countts, each f c sh 11 be ed an original, in the year and day fabove me ion d. f ST: Cit Secretary AP 0 ED AS PCO N . AP VED AS FORM• ROW -WALL ELECTRIC, INC. CONTRA OR BY: _ TITLE: /"/ COMPLETE ADDRESS: BOX 1914 LUBBOCK, TX 79408 ATTEST: Seff9tary m PW L L OW 6. GENERAL CONDITIONS OF THE AGREEMENT 4 1 (THIS PAGE LEFT BLANK INTENTIONALLY) INDEX TO GENERAL CONDITIONS I. Owner 2. Contractor - 3. Owner's Representative and Architect or Consulting Engineer 4. Contract'Documents 5. Interpretation of Specifications or Drawings 6. Subcontractor 7. Assignment 8. 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 15. Architect's Authority and Duty 16. Superintendence and Inspections 17. Contractor's Duty and Superintendence 18. Contractor's Understanding 19. Character of Workmen 20. Construction Plant 21. Sanitation 22. Observation and Testing 23. Defects and Their Remedies 24. Changes and Alterations 25. Extra Work .26. Discrepancies and Omissions 27. Right of Owner to Modify Methods and Equipment 28. Protection Against Accident to Employees and the -Public 29. Contractor's Insurance: Scope of Insurance and Special Hazards 30. Protection Against Claims of Subcontractors, Laborers, Materialmen and Furnishers of Machinery, Equipment and Supplies' 31. Protection Against Royalties or Patent Invention 32. Laws and Ordinances 33. Time for Completion and Liquidated Damages 34. Time and Order of Completion 35. Extension of Time 36. Hindrance and Delays 37. Quantities and Measurements 38. Protection of Adjoining Property 39. Price for Work 40. Construction Schedule & Periodic Estimates 41. Payments to Contractor 42. Payrolls and Basic Payroll Records of Contractor and Subcontractor 43. Minimum Wages 44. Posting Wage Determination Decisions and Authorized Wage Deductions 45. Employment of Laborers or Mechanics Not Listed in Aforesaid Wage Determination Decisions 46. Specific Coverage of Certain Types of Work by Employees. 47. Underpayments of Wages or Salaries 48. Anticipated Costs of Fringe Benefits 49. Fringe Benefits not Expressed as Hourly Wage Rates 50. Overtime Compensation Required by Contract Work Hours and Safety Standards Act (76 Stat. 357-360: Title 40 U.S.C., Sections 327-332) 51. Employment of Apprentices/Trainees .52. Employment of Certain Persons Prohibited 53. Regulations Pursuant to So -Called "Anti -Kickback Act" 54. Complaints, Proceedings or Testimony by Employees 55. Claims and Disputes Pertaining to Wage Rates 56. Questions Concerning Certain Federal Statutes and Regu- lations 57. Final Completion and Acceptance 58. Final Payment 59. Correction of Work Before Final Payment for Work 60. Correction of Work After Final Payment 61. Payment Withheld 62. Delayed Payment 63. Time of Filing Claims 64. Arbitration 65. Abandonment by Contractor 66. Abandonment by Owner 67. Losses from Natural Causes 68. Independent Contractor 69. Cleaning Up 70. Contractor's Right to Terminate 71. Right of the Owner to Terminate Contract 72. Breach of Foregoing Federal Labor Standards Provisions 73. Interest or Member of or Delegate to Congress 74. Other Prohibited Interests 75. Special Equal Opportunity Provisions 76.. Certification of Compliance with Air and Water Acts 77. Special Conditions Pertaining to Hazards Safety Standards and Accident Prevention 78. Nondiscrimination against the handicapped (Sec. 504) GENERAL CONDITIONS OF THE AGREEMENT 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:ROW-WALL ELECTRIC, INC. who has agreed to perform the work embraced in this Contract, or to his or their legal representative. 3. OWNER'S REPRESENTATIVE AND ARCHITECT OR CONSULTING ENGINEER a. Whenever the term Owner's Representative is used in this Contract, it shall be understood as referring to Carlos Vigil, 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- ment, Exhibits A and B to the General Conditions, Special Conditions of the Agreement (if any), Specifications, Drawings, Insurance Certificate and all other documents made available to Bidder for his inspection in accordance with the Notice to Bidders, as well as all Addenda issued prior to the execution of the Signed Agreement, and all Modifications, such as Change Orders, written interpretations and written orders for minor changes in the work which are issued by the Architect as hereinafter authorized. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the work. The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. Work not covered in the Contract Documents will not be required unless it is consistent therewith and reasonably inferable therefrom as being necessary to produce the intended results. In the event Special Conditions are contained herein as part of the Contract Documents and said Special Conditions conflict with any of the General Conditions contained in this Contract, then in such event the Special Conditions shall control. The Contract Documents shall not be construed to create any contractual relationship of any kind between the Architect and the Contractor. 5. INTERPRETATION OF SPECIFICATIONS OR DRAWINGS Whenever in the Specifications or Drawings accompanying this Agreement the terms of description of various qualities relative to finish, workmanship .or other qualities of similar kind which cannot, from their nature, be specifically and clearly described and specified, but are necessarily described in general terms, the fulfillment of which must depend on individual judgment, then, in all such cases, any question of the fulfillment of said Specifications or Drawings shall be decided by the Architect, and said work shall be done in accordance with his interpretations of the meaning of the words, terms or clauses defining the character of the work. 6. SUBCONTRACTOR A subcontractor is a person or entity who has a direct contract with the Contractor to perform any of the work at the site. The Contractor may utilize the services of specialty subcontractors on those parts of the work which, under normal contracting practices, are performed by specialty subcontractors. The Contractor shall not award any work to any subcontractor without prior .written approval of the Owner's Representative, which approval will not be given until the Contractor submits to 2 ►- the Owner a written statement concerning the proposed award to 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 ofersons directl P directly.employed by him. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the Contractor by the terms of the General Conditions and other Contract Documents insofar as applicable to the work of the subcontractors and to give the Contractor the same power to terminate any subcontract that the Owner may exercise over the Contractor under any provision of the Contract Documents. Nothing contained in this Contract shall create any con- tractual relation between any subcontractor and the Owner or the Architect, and said subcontractor will look exclusively to the Contractor for any payments due subcontractor. 7. ASSIGNMENT The Contractor agrees that he will retain personal control and will give his personal attention to the fulfillment of this Contract. The Contractor further agrees that assignment of any - portion or feature of the work or materials required in the performance of this contract shall not relieve him from his full obligations to the Owner, as provided by this Contractual Agreement. 8. WRITTEN NOTICE ,.. Written notice shall be deemed to have been duly.served if delivered in person to -the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered.at or sent certified mail to the last business address known to him who gives the notice. i All directions, instructions or notices required or autho- rized to be given under these Contract Documents from the Owner, Owner's Representative or Architect to the Contractor shall be in writing. 9. WORK The work comprises the completed.construction required by the Contract Documents and includes all labor necessary to produce such construction, and all materials and equipment incorporated or to be incorporated in such construction. 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 (11 ()na copies of all Drawings, Profiles and Specifications without expense to him and he shall keep one copy of same consistently accessible on the job. site. ; '13. RIGHT OF ENTRY AND INSPECTION The Architect shall at all times have access to the work wherever it is in preparation and progress. The Architect will make periodic visits to the site at intervals appropriate to the state of construction to observe the progress and quality of the executed work and to determine, in general, if the work is proceeding in accordance with the Con- tract Documents. He will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity 4 - C: 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 1' rof the work. Furthermore, the Architect will not have control or charge of and will,not be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. His efforts will be directed towards providing assurances for the Owner that the completed project will conform to the requirements of the Contract Docu- ments, but -he will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. On the basis of his on-site observations, he will keep the Owner informed of the progress of the work and will endeavor to protect the Owner against defects and deficiencies in the work of the Contractor. The authorized representative and agents of the ll be Orecords wner aof permitted to inspect all work, material, payrolls, personnel, invoices of materials and other relevant data and records. The Owner reserves the right to perform work related to the project with his own forces, and to award separate contracts in connection with other portions of the projector other work on the site of the Contract. If the Contractor claims that delay or r" 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 the give Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Con- tractor, and in case of careless destruction or removal by him, his subcontractors or their employees, such stakes, marks, etc. , shall be replaced by the Owner's Representative at the tor's expense. Contrac- 15. ARCHITECT'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Contract that the Architect shall review all work included herein. "" • _ 5 _ The Architect will review and approve or take other appro- priate action upon the Contractor's submittals, such as Shop Drawings, Product Data and Samples, but only for conformance with the design concept of the work and with the information given in the Contract Documents. The Architect will have authority to order minor changes in the work not involving an adjustment in the Contract Sum or an extension of the Contract Time and not inconsistent with the _- intent of the Contract Documents. Such changes shall be ef- fected by written order, and shall be binding on the.Owner and the Contractor. The Contractor shall carry out such written orders promptly. The Architect has the authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract.. The Architect has the authority to reject work which does not conform to the Contract Documents. In order to prevent delays and disputes and to discourage litigation, it is further agreed that the Architect shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under this Contract. Based on the Architect's observations and an evaluation of the Contrac- tor's Applications for Payment, the Architect will determine the amounts owing to the Contractor and will issue Certificates for Payment in accordance with the provisions of this Agreement. He shall determine all questions in relation to said work and the - construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this Contract on the part of said Contractor. The Architect's estimates and findings shall be conditions precedent to the right of the parties hereto to arbitration or to any action on the Contract, and'to any rights of the Contractor to receive any money under the.Contract; provided, however, that should the Architect render any decision or give any direction which, in the — opinion of the Owner's Representative, is not in accordance with the meaning and intent of this Contract, the Owner's Represen- tative shall notify the Architect and the Contractor of his objection, and the Architect shall direct the Contractor to modify or remedy such work to meet the requirements of the Owner's Representative. Should the Contractor object to any _ decision or given direction which, in his opinion, is not in accordance with the meaning and intent of this Contract, the Contractor may file with said Owner's Representative, within 30 days, his written objection to the decision or direction so rendered, and by such action may reserve the right to submit the question so raised to arbitration, -as hereinafter provided. It is the intent of this Agreement that there shall be no delay in the execution of the work. Therefore, written decisions or directions of the Architect as rendered shall be promptly carried out, and any claim arising therefrom shall be thereafter adjusted — through arbitration, as hereinafter provided. _ 6 _' 16. SUPERINTENDENCE AND INSPECTIONS It is agreed by the Contractor that the Owner's Represen- tative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work performed or being performed under this Agreement, and to see that said materials are fur- nished and the work is done in accordance with the specifications therefor. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. 17. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this Contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor is essential to'the proper performance of the work, and lack of such supervision shall be grounds for suspending operations of the Contractor. The work,** from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner, Owner's Representatives or Architect will not be responsible for the acts or omissions of the Contractor or any of his agents or employees or any other persons performing any of the work. The Contractor shall be responsible to the Owner for the acts and omissions of his employees, subcontractors and their agents and employees and other persons performing any of the work under a contract with the Contractor. 18. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the - 7 - The Owner's Representative shall within a reasonable time, render and deliver to both the Architect and the Contractor a written decision tractor. Should on all written objections filed the Owner's by the Con- Representative fail to make such a decision within a reasonable time, an appeal to arbitration may be taken as if his decision had been rendered against -the Contractor. - 16. SUPERINTENDENCE AND INSPECTIONS It is agreed by the Contractor that the Owner's Represen- tative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work performed or being performed under this Agreement, and to see that said materials are fur- nished and the work is done in accordance with the specifications therefor. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. 17. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this Contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor is essential to'the proper performance of the work, and lack of such supervision shall be grounds for suspending operations of the Contractor. The work,** from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner, Owner's Representatives or Architect will not be responsible for the acts or omissions of the Contractor or any of his agents or employees or any other persons performing any of the work. The Contractor shall be responsible to the Owner for the acts and omissions of his employees, subcontractors and their agents and employees and other persons performing any of the work under a contract with the Contractor. 18. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the - 7 - work under this Contract'. No verbal agreement or conversation with any officer, agent or employee of the Owner, either before or after the execution of this Contract, shall affect or modify zany 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 shall strictly enforce the use of such facilities. 22. OBSERVATION AND TESTING The Owner's Representative or the Architect shall have the right at all reasonable times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever work is in preparation or progress. Contractor shall ascertain the scope of any observations and tests which may be contemplated by Owner's Representative or Architect and shall give ample notice as to the time each part of the work will be ready for such observations and tests. Owner's Representative or aff-IM P004 t { _ Architect ma y 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 r" 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 C 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 an h t Y suc ests, 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 Architect, nor inspections, Representative or Architect this Agreement to make such shall relieve the Contractor work in accordance with the ments. the Owner's Representative or tests or approvals made by Owner's or other persons authorized under inspections, tests or approvals, from his obligation to perform the requirements of the Contract Docu- 23. DEFECTS AND THEIR REMEDIES It is agreed that if the work or any part thereof or '.. any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner's Repre- sentative or Architect as unsuitable or not in conformity with plans, specifications and Contract Documents, the Contractor .shall, after receipt of written notice thereof from the Owner's Representative or Architect, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full - 9 - ,accordance with this Contract. It is further agreed that any remedial action contemplated as hereinaboveset forth shall be at the Contractor's expense. The Contractor shall promptly correct any work rejected by the Owner's Representative or Architect as defective or as failing to conform to the Contract Documents, whether observed before or after substantial completion and whether or not fabricated, installed or completed, and shall correct any work found to be defective or nonconforming within a period of one year from the date of substantial completion of the Contract, or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents. The provisions of this Section apply to work done by subcontractors as well as to work done by direct em- ployees of the Contractor. The Contractor shall bear all costs of correcting such rejected work, including compensation for the Architect's additional services made necessary thereby. If the Contractor fails to correct defective work as required, or persistently fails to carry out the work in accor- dance with the Contract Documents, the Owner's Representative, by a written order signed personally or by an agent specifically so empowered by the Owner in writing, may order the Contractor to stop the work', or any portion thereof, until the cause for such order has been eliminated; however, this right of the Owner to stop the work shall not give rise to any duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. If the Contractor defaults or neglects to carry out the work in accordance with the Contract Documents, and fails within seven days after receipt'of written notice from the Owner's Representa- tive or other agent to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, after seven days following receipt by the Contractor of an additional written notice, and without prejudice to any other remedy he may have, make good such deficiencies. In such case, an appropriate Change Order shall be issued deducting from the payments then or thereafter due the Contractor the cost of _correcting such deficiencies, including compensation for the Architect's additional services made necessary by such default, neglect or failure. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contrac- tor shall pay the difference to'the Owner. If, within one year after the date of substantial completion of the work or designated portion thereof, or within one year after acceptance by the Owner of designated equipment, or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct -it promptly after receipt of a written notice from the - 10 - 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, 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 1000, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15a) of the actual field cost to be paid to the Con- tractor shall cover and compensate him for his profit, overhead, "- general superintendence, and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such extra work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by the Owner's Representative. In case any orders or instructions appear to ;the Contractor to involve extra work for which he should receive compensation or an adjustment in the construction time, he shall make a written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work, oras 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 - r r 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 1- force or equipment, or both, t -o such an extent as to give reasonable assurance of compliance with the schedule of progress. i 28. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC r- The Contractor shall take out and procure a policy or policies of Worker's Compensation Insurance with insurance an 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, s - 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 providenecessary barricades, warning lights or signs, and will be required to pay any judgment with costs which may be obtained against the Owner, its officers; the Architect or any of their agents or employees, including attorney.'s fees. In any and all claims against the Owner, any officer of the Owner, the Architect or any of their agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose act any of them may be liable, the indemnification obligation under this Section shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under Worker's Compensa- tion acts, disability benefit acts or other employee benefit acts. The obligations of the Contractor under this Section shall not extend to the liability of the Architect, his agents or employees, arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, _ designs or specifications, or (2) the giving of or the failure to give directions or instructions by the Architect, his agents or employees, provided such giving or failure to give is the primary cause of the injury or damage. - The safety precautions taken shall be the sole responsi- bility of the Contractor, in his sole discretion as an Indepen- dent Contractor.' Inclusion of this section in the Agreement, as well as any notice which may be given by the Owner, the Owner's Representative or the Architect concerning omission under this section as the work progresses, are intended as reminders to the Contractor of his duty, and shall not be construed as any assumption of duty to supervise safety precautions taken by either the Contractor or any of his subcontractors. 29. CONTRACTOR'S INSURANCE: SCOPE OF INSURANCE AND SPECIAL HAZARDS The Contractor shall not commence work under this Contract until he has obtained all insurance as required herein. The* Contractor shall provide insurance for the adequate protection of the Contractor and his subcontractors, respectively, against damage claims which may arise from operations under this Con- tract, whether such operations be by the insured or by anyone directly or indirectly employed by him and, also, against any of - 14 _ i the special hazards which may be encountered in the performance of this Contract, as enumerated in the Supplemental General Conditions. The Contractor shall procure and carry, at his sole cost and expense throughout the life of this Contract, insurance protec- tion as hereinafter specified. Such insurance shall be carried with an insurance company licensed to transact business in the State of Texas and shall cover all operations in connection with this Contract, whether performed by the Contractor or a subcon- tractor, or separate policies shall be provided covering the operation of each subcontractor. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. (A) Worker's Compensation and Employer's Liability Insurance. As required by State statute covering all employees employed on a work whether employed by the Contractor or any subcontractor on the job. (B) Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. The Contractor shall obtain an Owner's Protective or Contingent Public Liability Insurance policy naming the City of Lubbock as an additional insured and the amount of such policy shall be as follows: $ 500,000 --for bodily injuries, including accidental death, to any one person, but limited to $ 5002000 per occurrence, and $ 100,000 1 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 $ 3009000 for bodily injuries, including accidental death, to any one person, but not less than $ 150-019000 per occurrence and in the amount of not less than 300,000 for property damage. Said policy shall include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury (with exclusion "c" waived) 6 15 - The City is to be named as an additional insured on this policy for this specific job, and a copy of the. endorsement doing so is to be attached to the Certificate of Insurance. 'In addition to the insurance required above, the _— Department of Housing and Urban Development requires that all contracts in excess of $100,000.00 provide Builders Risk Insurance (Fire and Extended coverage). Until the project is completed and accepted by the Owner, said Owner or Contractor (at the Owner's option, as indicated in the Supplemental General Conditions, Form HUD -4238-N) is required to maintain Builder's Risk Insurance (fire and extended coverage) on a 100 percent completed value basis on the insurable portion of the project for the benefit of the Owner, the Contractor and Subcontractors, as their interests may appear. The Contractor shall not include any costs for Builder's Risk Insurance (fire and extended coverage) premiums during construction unless the Contractor is required to provide such insurance; however, this provision shall not release the Contractor from his '- obligation to complete, according to plans and specifica- tions, the project covered by the Contract, and the Con- tractor and his Surety shall be obligated to full perfor- mance of the Contractor's undertaking. (C) Automobile Insurance The Contractor shall procure a Comprehensive Automobile Liability Insurance Policy providing coverage to include all owned and non -owned cars, including Employer's Non -ownership Liability and Hired and Non -owned Vehicles as follows: In an amount not less that $ 250,000 for injuries, — including accidental death, to any one person, but not less than $ 500,000 per occurrence, and in the amount of not less than $ 100,000 for property damage. -- (D) Proof of Coverage Before work on this Contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval three (3) certificates of insurance covering each -- insurance policy carried and offered as evidence of compli- ance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: — (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. 16 (3) The name o.f the policy and type or types of insurance in force thereunder on the date borne by such certi- ficate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A statement that the insurance of the type afforded by .the policy applies to all of the operations of whatever character which are undertaken by the insured during the performance of this Contract, provided such operations are required in the performance of the Contract. (6) A provision that the policy may be cancelled only by mailing written notice to the named insured at the address shown in the bid specifications, stating when, not less than ten (10) days thereafter, cancellation •of such policy shall be effective. (7) A provision that written notice shall be given to the t! Owner ten (10) days prior to any change in or cancel- lation of the policies shown on the certificate. 1 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN, AND FURNISHERS OF MACHINERY, EQUIPMENT AND r SUPPLIES The Contractor agrees that he will indemnify and save the Owner, its officers, the Architect and their agents and employees harmless from all claims growing out of any demands of subcon- tractors, laborers, workmen, mechanics, materialmen and fur- nishers of machinery and parts thereof, equipment, power tools, all suppliers, including commissary, incurred In the furtherance of the performance of this Contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obliga- tions of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall. fail to pay and discharge any such indebtedness within five (5) days after demand is made, then Owner may, during the period for which such indebt- edness shall remain unpaid, withhold from the unpaid portion -of this Contract, a sum equal to the amount of such unpaid indebt- edness, or may apply the sum so withheld to discharge any such indebtedness. - 17 - 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or Owner thereof. The Contractor — shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of 'a particular manufacturer or manufacturers is speci- fied or required in these Contract Documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harmless from any loss on account "- thereof. If the material or process specified or required by Owner is an infringement, the Contractor shall -be responsible for such loss unless he promptly gives written notice to the Owner of such infringement. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations which in any manner affect the Contract or the work, and shall indemnify and save harmless the Owner against any claims arising from the violation of any such laws, ordinances and regulations, whether by the Contractor or his employees. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Architect and Owner's Representative in writing, and any necessary changes shall be adjusted as provided in the Contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, he shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling and shall be considered as part of this Contract to the same effect as though embodied herein. 33. TIME FOR COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning and the time for completion of the work as specified in the Contract are ESSENTIAL CONDITIONS of this Contract; and it is further mutually understood and agreed that the work embraced in this Contract shall be commenced on a date to be specified in the "Notice to Proceed." 18 - The Contractor agrees that said work shall be prosecuted regularly, diligently and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed by and between 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 the Owner from current periodical estimates. It is further agreed that time is of the essence for each and every portion of this Contract and of the specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where, under the Contract, additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this Contract. Provided, that the Contractor shall not be charged with liquidated damages or any excess cost when the Owner determines that the Contractor is without fault and the Contrac- tor's reasons for the time extension are acceptable to the Owner. Provided, further, that the Contractor shall not be charged with liquidated damages or any excess cost when the delay in comple- tion of the work is due: (a) To any preference, priority or allocation order duly issued by the Government. (b) To any unforeseeable cause beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of. God or of r the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restric- tions, strikes, freight embargoes or severe weather; e and - 19 (c) To any delays of subcontractors or suppliers occasioned by any of the causes specified in subsections (a) or (b) of this section. Provided further, that the Contractor shall, within ten (10) days from the beginning of such delay, unless the Owner shall grant a further period of time prior to the date of final settlement of the Contract, notify the Owner's Representative, in writing, of the causes of the delay, who shall ascertain the facts and extent of the delay and notify the Contractor within a reasonable time of the Owner's decision in the matter. 34. TIME AND ORDER OF COMPLETION It is the meaning and intent of this Contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such time and sessions, in such order or precedence, and in such manner as shall be most conducive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this Contract, the plans and specifications, and within the time of completion designated in the proposals; provided, also, that when the Owner is having other work done, either by contract or by his -own force, the Owner's Representative may direct the time and manner of construction work done under this.Contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative or Architect, sche- dules which shall show the order in which the Contractor pro- poses to.carry on the work, with dates at which the Contractor will start the several parts of the work, and estimated dates of completion of the several parts. 35. EXTENSION OF TIME The Contractor agrees that he has submitted his proposal in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of section 33 hereinabove set forth, and that he shall not be entitled to, nor will he request, an extension of time on this Contract, except when his work has been delayed by an act or neglect of the Owner, Owner's Representative, the Architect, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walk -outs, acts of God or the public enemy, fire or flood. _ The Contractor may apply in writing for an extension of time, submitting therewith all written justifica- tions as may be required by the Owner's Representative for such an extension. The Owner's Representative within ten (10) days after receipt of a written request for an extension of time by - 20 - 1. the Contractor supported by all requested documentation shall then submit such written request to the City Council of the City r of Lubbock for its consideration. Should the Contractor disagree with the action of the City Council, such disagreement shall be settled by arbitration as hereinafter provided. 36. HINDRANCE AND DELAYS In executing this Agreement, the Contractor agrees that in undertaking to complete the work within the time herein fixed, he has taken into consideration and made allowances for all hin- drances and delays incident to such work, whether growing out of delays in securing material or workmen or otherwise. No charge shall.be.made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this Contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event such expense, as in the judgment of the Owner's Representative is caused by such stoppage, shall be paid by Owner to Contractor. 37. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be . allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this Contract is let on a unit price basis, then Owner and Contractor agree that this Contract, including the specifications, drawings and other Contract Documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this Contract, they are approximations and are to be used only as a basis for estimating the probable cost of the work and for comparing their proposals offered for the work. It is understood and agreed that the actual amount of work to be done and the materials to be furnished under this Contract may differ somewhat from these estimates, and that where the basis for payment under this Contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 38. PROTECTION OF ADJOINING PROPERTPIKY 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 t^" 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�-• all adjacentpro property. The Contractor agrees to indenify, save and hold harmless the Owner against any claim or claims for damages due 21 - - to any injury to any adjacent or adjoining property arising or growing out of the performance of this Contract, but such indemnity shall not apply to any claim of any kind arising out of the existence or character of the work. 39. PRICE FOR WORK In consideration of furnishing all necessary labor, equip- ment and material and the completion of all work by the Contrac- tor, and on the delivery of all materials embraced in this Contract in full conformity with the specifications and stipu- lations herein contained, the Owner agrees to pay the Contractor the price set forth in the proposal attached hereto, which has been made a part of this Contract, and the Contractor hereby agrees to receive such price in full for furnishing all labor,, equipment and material required for the aforesaid work, and for all expenses incurred by him, and for well and truly performing the same and the whole thereof in the manner and according to this Agreement, the attached specifications, drawings, Contract Documents and requirements of the Architect and the Owner's Representative. 40. CONSTRUCTION SCHEDULE & PERIODIC ESH MATES Immediately after execution and delivery of the Contract, and before the first partial payment is made, the Contractor shall deliver to the Owner's Representative and to the Architect an estimated construction progress schedule in a form satisfac- tory to the Owner's Representative and Architect, showing the proposed dates of commencement and completion of each of the various subdivisions of work required under the Contract Docu- ments and the anticipated amount of each monthly payment that will become due the Contractor in accordance with the progress schedule. The Contractor shall also furnish on forms to be supplied by the Owner (a) a detailed estimate giving a complete breakdown of the Contract price and (b) periodic itemized estimates of work done for the purpose of making partial payments thereon. The costs employed in making up any of these schedules will be used only for determining the basis of partial payments and will not be considered as fixing a basis for additions to or deductions from the Contract price. At least fifteen days before the date for each progress payment established in Section 41 of these General Conditions, the Contractor shall submit to the Architect an itemized Appli- cation for Payment, notarized if required, supported by such data substantiating the Contractor's right to payment as the Owner or the Architect may require, and reflecting retainage, if any, as provided elsewhere in the Contract Documents.' Unless otherwise provided in the Contract Documents, payments will be made on account of materials or equipment not incorporated in the work but delivered and suitably stored at the site. 22 - r The Contractor Warrants that title to all work, materials and equipment covered by an application for payment will pass to the Owner either by incorporation in the construction -or upon the receipt of payment by the Contractor, whichever occurs first, free and clear of all liens, claims, security interests or _ encumbrances, hereinafter referred to as "liens", and that no work, materials or equipment covered by an Application for Payment will have been acquired by.the Contractor, or by any other person performing work at the site or furnishing materials and equipment for the project, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. The Architect will, within seven days after the receipt of the Contractor's Application for Payment, either issue a Certi- ficate for Payment to the Owner, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor in writing of his reasons for withholding a Certificate. The issuance of a Certificate for Payment will constitute a representation by the"'Archite'ct to the Owner, based on the Architect's observations at the site and the data comprising the Application for Payment, that the work has progressed to the point indicated; that, to the best of his knowledge, information and belief, the quality of the work is in accordance with the Contract Documents (subject to an evaluation of the work for conformance with the Contract Documents upon Substantial Comple- tion, to the results of any subsequent tests required by or performed under the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in his Certificate); and that the Contractor is entitled to payment in the amount certified. However, by issuing a Certificate for Payment, the Architect shall not thereby bedeemed to represent that he has made exhaus- tive or continuous on-site inspections to check the quality or quantity of the work, or that he has reviewed the construction means, methods, techniques, sequences or procedures, or that he has made any examination to ascertain how or for what purpose the Contractor has used the moneys previously paid on account of the Contract Sum. 41. PAYMENTS TO CONTRACTOR After the Architect has issued a Certificate for Payment, and not later than the 25th day of each calendar month, the Owner �• shall make a progress payment to the Contractor on the basis of a duly certified and approved estimate of the work performed during the preceding calendar month under this Contract, but to insure the proper performance of this Contract, the Owner shall 'retain five percent (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 SOA) of the work has been cgmpleted, if it finds that satisfactory progress is being made, may make any of the remaining progress payments in full; Pro- vided, further, that on completion and acceptance of each separate building, public work or other division of the Con- tract, on which the price is stated separately in the Contract, payment may be made in full, including retained percentages thereon, less authorized deductions. In preparing estimates, the material delivered on the site and preparatory work done may be 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 fully discharged, whereupon payment to the Contractor shall be resumed in accordance with the terms of this Contract, but in no event shall the provisions of this sentence be construed to impose any obligations upon the Owner to either the Contractor or his Surety. In paying any unpaid bills of the Contractor, the Owner shall be deemed the agent of the Contractor, and any payment so made by the Owner shall be considered as a payment made under the Contract by the Owner to the Contractor, and the Owner shall not be liable to the Contractor for any such payments made in good faith. No Certificate for a progress payment, nor any. progress payment, nor any partial or entire use or occupancy of the project by the Owner, shall constitute an acceptance of any work — not in accordance with the Contract Documents. _ 24 _ - 25 - F. The Contractor shall promptly pay each subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such subcontractor's work, the amount to which said subcontractor is entitled, reflecting the percentage actually retained, if any, from payments to the Contractor on account of -such subcontractor's work. The Contractor shall, by an appropriate agreement with each subcontractor, require each �.. subcontractor to make payments to his sub -subcontractors in I 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 ? f ,Contractor and of the subcontractors, it being understood that the Contractor shall be responsible for the submission of copies of payrolls of all subcontractors. Each such payroll shall contain the "weekly Statement of Compliance" set forth in Section 3.3 of Title 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 ^j 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 r" 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 r^ 29, Code of Federal Regulations, that the wages of any laborer or mechanic include the amount I of any costs reasonably anticipated in providing benefits under a plan or program described in f., Section 1(b)(2)(B) of the Davis -Bacon Act, the Contractor or { subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible and that the plan or program has been communicated in writing to.the laborers or mechanics affected, and records which show the costs anticipated the r� or 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- meet, 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(a)(1)(iv) of Title 299 Code of Federal Regulations. Also for the purpose of this clause, regular contributions made or costs incurred for more than a weekly period under plans, funds or programs, but covering the particular weekly period, are deemed to be con- structively made or incurred during such weekly period. 44. POSTING WAGE DETERMINATION DECISIONS AND AUTHORIZED WAGE DEDUCTIONS The applicable wage poster of the Secretary of Labor, United States Department of Labor, and the applicable wage determination decisions of said Secretary of Labor with respect to the various classification of laborers and mechanics employed and to be employed upon the work covered by this Contract, and a statement showing all deductions, if any, in accordance with the provisions of this Contract, to be made from wages actually earned by persons so employed or to be employed in such classifications, shall be posted at appropriate conspicuous points at the site of the work. 45. EMPLOYMENT OF LABORERS OR MECHANICS NOT LISTED IN AFORESAID WAGE DETERMINATION DECISIONS Any class of laborers or mechanics which is not listed in the wage determination decisions and which is to be employed under the Contract will be classified or reclassified conform- ably to the wage determination by the Local Public Agency or Public Body, and a report of the action taken shall be submitted by the Local Public Agency or Public Body, through the Secretary of Housing and Urban Development, to the Secretary of Labor, - 26 - United States Department of Labor. In the event the interested parties cannot agree on the proper classification or reclassi- fication of a particular class of laborers and mechanics to be used, the question, accompanied by the recommendation of the Local Public Agency or Public Body, shall be referred; through the Secretary of Housing and Urban Development, to the Secretary of Labor for final determination. 46. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY EMPLOYEES The transportation of materials and supplies to or from the site of the Project or Program to which this Contract pertains by the employees of the Contractor or of any subcontractor, and the manufacturing or furnishing of materials, articles, supplies or equipment on the site of the Project or Program to which this Contract pertains by persons employed by the Contractor or by any subcontractor, shall, for the purposes of this Contract, and without limiting the generality of the foregoing provisions of this Contract, be deemed to be work to which these Federal Labor Standards Provisions are applicable. 47. UNDERPAYMENTS OF WAGES OR SALARIES In case of underpayment of wages by the Contractor or by any subcontractor to laborers or mechanics employed by the Contractor or subcontractor upon the work covered by this Contract, the Local Public Agency or Public Body, in addition to such other _ rights as may be afforded it under this Contract, shall withhold from the Contractor, out of any payments due the Contractor, so much thereof as the Local Public Agency or Public Body may consider necessary to pay such laborers or mechanics the full amount of wages required by this Contract. The amount so withheld may be disbursed by the Local Public Agency or Public Body, for and on account of the Contractor or the subcontractor (as may be appropriate), to the respective laborers or mechanics to whom the same is due, or on their behalf to plans, funds or programs for any type offringe benefit prescribed in the applicable determination. 48. ANTICIPATED COSTS OF FRINGE BENEFITS If the Contractor does not make payments to a trustee or other third person, he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably antici- pated in providing fringe benefits under a plan or program of a �^ type expressly listed in the wage determination decisions of the Secretary of Labor, which are a part of this Contract: Provided, the Secretary of Labor has found, upon the written request of the �.. Contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside, in a separate account, assets for meeting the obligations under the plan or program. A copy of any findings made by the Secretary of Labor in respect to fringe benefits r' - 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.9..•....FRI..NDE..BENEF..ITS..N.O.T..EXPRESSED..-AS ..HOURLY WADE RATES The Local Public Agency or Public Body shall require, whenever the minimum rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate, and the Contractor is obligated to pay the cash'equivalent of such a fringe benefit, an hourly cash equivalent thereof to be established. In the event the interested parties cannot agree upon a cash equivalent of the — fringe benefit, the question, accompanied by the recommendation of the Local Public Agency or Public Body, shall be referred, Through the Secretary of Housing and Urban Development, to the -� Secretary of Labor for determination. - 50. OVERTIME COMPENSATION REQUIRED BY CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 76 STAT. 357-360: TITLE 40 U.S.C. SECTIONS 327-332 (a) Overtime requirements. No Contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics, including watchmen and guards, shall require or permit any laborer or mechanic in any work week in which they are employed on such work to work in excess of 40 hours in such work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times their basic rate of pay for all hours worked in excess of 40 hours in such work week. (b) Violation: Liability' for unpaid wanes and liquidated damaqes. In the event of any violation of the clause set forth in paragraph (a) of this Section, the Contractor and any subcon- tractor responsible therefor shall be liable to any affected — employee for his unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violation of the clause set forth in paragraph (a) in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without — payment of the overtime wages required by the clause set forth i.n 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 P the clause set forth in paragraph (b) of this Section. (d) Subcontracts. The Contractor shall insert'ln any subcontracts the clauses set forth in paragraphs (a), (b) and (c) of this Section and also a clause requiring the subcon- tractors to include these clauses in any lower tier subcontract which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. 51. EMPLOYMENT OF APPRENTICES/TRAINEES - (a) Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed and individually registered in a bona fide apprentice- ship program registered with the U. S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training, ., or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his first 90 days of probationary employment as an apprentice in such an apprenticeship program who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the Contractor as to his entire work force under the registered program. Any employee P, 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 not less than the wage rate determined by the Secretary of Labor for the classification of work he actually performs. The Contractor or subcontractor will be required to furnish the contracting officer or a representative of the — Wage -Hour Division of the U.S. Department of Labor written evidence of the certification of his program, the registration of the trainees and the ratios and wage rates prescribed in that program. In the event the Bureau of Apprenticeship and Training withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the appli- cable predetermined rate for the work performed until an accept- able program is approved. (c) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 52. EMPLOYMENT OF CERTAIN PERSONS PROHIBITED No person under the age of sixteen years and no person who, at the time, is serving sentence 'in a penal or correctional institution shall be employed on the work covered by this Contract. 53. REGULATIONS PURSUANT TO SO-CALLED "ANTI -KICKBACK ACT" The Contractor shall comply with the applicable regulations (See Exhibit A, attached and herein incorpo- rated by reference) of the Secretary of Labor, United States Department of Labor, made pursuant to the so-called "Anti -Kick- back Act" of June 13, 1934 (48 Stat. 948, 62 Stat. 8629 63 Stat. 1080 72 Stat. 967; 62 Stat. 740: Title 18 U.S.C., Section 874 and Title 40 U.S.C., Section 276c) and any amendments or modi- fications thereof, and shall cause appropriate provisions to be inserted in subcontracts to insure compliance therewith by all subcontractors subject thereto, and shall be responsible for the submission of affidavits required by subcontractors thereunder, except as said Secretary of Labor may specifically provide for reasonable limitations, variations, tolerances and exemptions from the requirements thereof. 54. COMPLAINTS, PROCEEDINGS OR TESTIMONY BY EMPLOYEES No laborer or mechanic to whom the wage, salary or other. labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or.any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable to his employer under this Contract. - 30 - r 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 tFie work covered by this Contract shall be promptly reported by the Contractor, in writing, to the Local Public Agency or Public Body for referral by the latter through the Secretary of Housing and Urban Development to the Secretary of Labor, United States Department of Labor, whose decision shall be final with respect thereto. 56. QUESTIONS CONCERNING CERTAIN FEDERAL STATUTES AND REGULATIONS All questions arising under this Contract which relate to the application or interpretation of (a) the aforesaid Anti - Kickback Act, (b) the Contract Work Hours and Safety Standards Act, (c) the aforesaid Davis -Bacon Act, (d) the regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to said Acts or (e) the lebbr 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 i, When the Contractor considers that the work, or a designated portion thereof which is acceptable to the Owner, is substan- tially complete as defined, the Contractor shall prepare for submission to the Architect a list of items to be completed or corrected. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all ? work in accordance with the Contract Documents. Within thirty-one (31) days after the Contractor has given the Architect written notice that the work has been completed or substantially completed, the Architect and the Owner's Represen- tative shall inspect the work and within said time, if the work be found to be completed or substantially completed in accordance with the Contract Documents, the Architect will then prepare a Certificate of Substantial Completion, which shall establish the 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. ' E - 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, whether actually incorporated in the work or not, and the Contractor shall at his own expense promptly replace such condemned materials with other materials conforming to the requirements of the Contract. The Contractor shall also bear the expense ofrestoring all work of other contractors damaged by any such removal or replacement. If the Contractor does not remove and replace any such condemned - 32 - M 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. 61. PAYMENT WITHHELD The Architect may decline to certify payment, and may withhold his Certificate in whole or in part, to the extent reasonably necessary to protect the Owner if, in his opinion, he is unable to make representations.to the Owner as provided. If the Architect is unable to make representations to the Owner as provided, and to certify payment in the amount of the Applica- tion, he will notify the Contractor. If the Contract or the Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which he is able to make such representations to the Owner. The Architect may also decline to certify payment or, because of subsequently discovered evidence or subsequent observations, he may nullify the whole or any part of any Certificate for Payment previously issued, or the Owner may withhold or nullify the whole or part of any Certificate of Payment, to such extent as may be necessary to protect the Owner from loss because of: 1. 2. 3. 4. 5. 6. 7. defective work not remedied, third party claims filed or reasonable evidence indicating probable filing of such claims, failure of the Contractor to make payments properly to subcontractors, or for labor, materials -or equipment, reasonable evidence that the work cannot be completed for the unpaid balance of the Contract Sum, damage to the Owner or another contractor, reasonable evidence that the work will not.be completed within the Contract time, persistent failure to carry out the work in accordance with the Contract Documents, or Y - 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 or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) days after the Architect has given any — directions, orders or instructions to which the Contractor desires to take exception. The Owner's Representative shall reply to such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal from the decision of the Owner's Representative, any demand for arbitration shall be filed with, the Owner's Representative and the Owner in writing within ten (10) days after the date of — delivery to the 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 - a resident of the City of Lubbock. Should the arbitration fail to name an arbiter within ten demand, his right to arbitrate shall lapse, and the Owner's Representative shall be final and Should the other party fail to choose an arbiter days, the Owner's Representative shall appoint hould either party refuse or neglect to supply h any papers or information demanded in writing, empowered by both parties to take Ex Parte The arbiters shall act with promptness. The decision -of any two shall be binding on both parties to the Contract, unless either or both parties shall appeal within ten (10) days from date of the award by the arbiters, and it is hereby agreed that each party shall have the right of appeal, and all proceedings shall be according to and governed by the Arbitration Statutes of Texas, being Article 224, et seq., Vernon's Annotated Civil Statutes. THE DECISION OF THE ARBITERS UPON ANY QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT SHALL BE A CON- DITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION. The arbiters, if they deem the case demands it, are autho- rized to award the party whose contention is sustained such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The arbiters shall fix their own compensation, unless otherwise provided by agreement, and shall assess the costs and charges of the arbitration upon either or both parties. The award of the arbiters must be made in writing and shall not be open to objection on account of the form of proceedings or award. 65. ABANDONMENT BY CONTRACTOR In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner's Representative or Architect, or if the Contractor fails to comply with the orders of the Architect, when such orders are consistent with this Contract, or the Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment, the Contractor shall not remove from the work any machiner yl materials or supplies then on the job, but the esamemetogether s� with any materials and equipment under the Contract for work, may be held for use on the work by the Owner or the Surety of the Contractor or another Contractor in completion of the work; and the Contractor shall not receive any rental or credit therefore r, (except when used in connection with Extra Work, where credit shall be allowed as provided for under Section 25 of this 35 - arbiter shall be party demanding (10) days of the the decision of binding on him. 3 within ten (10) such arbiter. S the arbiters wit the arbiters are Proceedings. a resident of the City of Lubbock. Should the arbitration fail to name an arbiter within ten demand, his right to arbitrate shall lapse, and the Owner's Representative shall be final and Should the other party fail to choose an arbiter days, the Owner's Representative shall appoint hould either party refuse or neglect to supply h any papers or information demanded in writing, empowered by both parties to take Ex Parte The arbiters shall act with promptness. The decision -of any two shall be binding on both parties to the Contract, unless either or both parties shall appeal within ten (10) days from date of the award by the arbiters, and it is hereby agreed that each party shall have the right of appeal, and all proceedings shall be according to and governed by the Arbitration Statutes of Texas, being Article 224, et seq., Vernon's Annotated Civil Statutes. THE DECISION OF THE ARBITERS UPON ANY QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT SHALL BE A CON- DITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION. The arbiters, if they deem the case demands it, are autho- rized to award the party whose contention is sustained such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The arbiters shall fix their own compensation, unless otherwise provided by agreement, and shall assess the costs and charges of the arbitration upon either or both parties. The award of the arbiters must be made in writing and shall not be open to objection on account of the form of proceedings or award. 65. ABANDONMENT BY CONTRACTOR In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner's Representative or Architect, or if the Contractor fails to comply with the orders of the Architect, when such orders are consistent with this Contract, or the Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment, the Contractor shall not remove from the work any machiner yl materials or supplies then on the job, but the esamemetogether s� with any materials and equipment under the Contract for work, may be held for use on the work by the Owner or the Surety of the Contractor or another Contractor in completion of the work; and the Contractor shall not receive any rental or credit therefore r, (except when used in connection with Extra Work, where credit shall be allowed as provided for under Section 25 of this 35 - Contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work - and be reflected in the final settlement. In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for,,within ten —r _(10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: - (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, mate- rials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this Contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum would have been payable under this Contract, if the same had been completed by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice - published as required by law, at least twice in a newspaper having a general circulation in the county where the -work is located, -may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this Contract. In case of any increase in cost to the Owner under the'new contract as compared to what would have been the cost under this Contract, such increase shall be charged to the Contractor, and the Surety shall be and remain bound therefore. However, should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this Contract, the Contractor or his Surety shall be credited therewith. When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and certificates of completion and acceptance, as provided in Section 57 hereinabove set forth, shall be issued. A complete itemizedstatement of the Contract accounts, certified by the Owner's Representative as being correct, shall .then be prepared and delivered to the Contractor and his Surety, whereon the Contractor or his Surety or the Owner, as the case may be, shall pay the balance due, as reflected by said statement, within sixty days after the date of certificate of completion. 36 ' 66. ABANDONMENT BY OWNER In case the Owner shall fail to comply with the terms of In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this Contract, or when the Contractor and/or his Surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, ^" tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to complete the work exceed the contract r" price, and the Contractor and/or his Surety fail to pay the 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; T 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 the or without notice, as Owner may elect. The Owner shall ` release to the proper owners any 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 r" 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 stateme t of the balance due the Contractor by deducting from the T above estimate all previous payments by the Owner and all other } sums th t 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 shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor under the terms of this Agree- r 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 maybe 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 Ccntractor as an independent contractor with respect to the Owner, Owner's Representative, Architect or the Contractor's own employees, or to any other person, firm or corporation. 69. CLEANING UP , The Contractor shal•1 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 Contractorchoose 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 - r 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 of these Federal Labor Standards Provisions may also be grounds for debarment, as provided by the applicable regulations issued by the Secretary of Labor. A breach of Section 45 and the Federal Labor Standards Provisions may be grounds for termination of the Contract, and for debarment as provided in 29 CFR 5.6. 73. INTEREST OR MEMBER OF OR DELEGATE TO CONGRESS No member of or Delegate to Congress or Resident Commissioner shall be admitted to any share of this Contract or to any benefit that may arise therefrom, but this not be construed to extend to this Contract if maderwithlan shall corporation for its general benefit. 74. OTHER PROHIBITED INTERESTS Flo No official of the Owner who is authorized in such capacit 1; and on behalf of the Owner to negotiate, make, accept or approvey, - 39 the Owner. Should the Contractor choose not to terminate,even though cause j 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 an of the y provisions of this Contract are violated by the Contractor, by PM or 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 j notice thereof upon the Surety and the Contractor, and the Surety shall have the right to take over and perform the Contract: Provided,.. however, that if the Surety does not commence performance thereof within then (10) days from the date of the mailing to such Surety of notice of termination, the Owner may take over the work and prosecute the same at the expense of the Contractor and theContractor and his Surety shall be liable to the Owner for any excess cost occasioned the Owner thereby, and in such event the r 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 of these Federal Labor Standards Provisions may also be grounds for debarment, as provided by the applicable regulations issued by the Secretary of Labor. A breach of Section 45 and the Federal Labor Standards Provisions may be grounds for termination of the Contract, and for debarment as provided in 29 CFR 5.6. 73. INTEREST OR MEMBER OF OR DELEGATE TO CONGRESS No member of or Delegate to Congress or Resident Commissioner shall be admitted to any share of this Contract or to any benefit that may arise therefrom, but this not be construed to extend to this Contract if maderwithlan shall corporation for its general benefit. 74. OTHER PROHIBITED INTERESTS Flo No official of the Owner who is authorized in such capacit 1; and on behalf of the Owner to negotiate, make, accept or approvey, - 39 or to take part in negotiating, making, accepting or approving any architectural, engineering, inspection, construction or material supply contract or any subcontract in connection with the construction of the project shall become directly or in- directly interested personally in this Contract or in any part hereof. No officer, employee, architect, attorney, engineer or inspector of or for the Owner who is authorized insuchcapacity and on behalf of the Owner to exercise any legislative, execu- tive, supervisory or other similar functions in connection with the construction of the project shall become directly or indi- rectly interested personally in this Contract or in any part thereof, any material supply contract, subcontract, insurance contract or any other contract pertaining to the project. 75. SPECIAL EQUAL OPPORTUNITY PROVISIONS A. Activities and Contracts Not Subject to Executive Order 1.1246, as Amended. (Applicable to Federally assisted construction con- tracts and related subcontracts under $10,000) During the performance of this Contract, the Contractor agrees as follows: (1) The.Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor shall take affirmative action to ensure that applicants for employment are employed, and that employees are treated during employ- ment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensa- tion; and selection .for training, including apprenticeship. (2) The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contracting Officer setting forth the provisions of this nondiscrimination clause. The Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (3) The Contractor shall incorporate the foregoing requirements in all subcontracts. B. Contracts Subject to Executive Order 11246, as Amended. (Applicable to Federally assisted construction contracts and related subcontracts exceeding $10,000) 40 - r During the performance.of this Contract, the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor will take affirmative action to ensure that applicants for employment are employed, and that employees are treated during employ- ment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contracting Officer setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or 1: advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive �-* consideration for employment without regard to race, color, religion, sex or national origin. (3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representative of the Contractor's commitment under this Section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and the rules, regulations and relevant orders of the Secretary of Labor. (5) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 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. T (6) In the event of the Contractor's noncompliance. with the nondiscrimination clauses of this Contract, or with any of such rules, regulations or orders, this Contract may be cancelled, terminated or suspended in whole or in part, and the Contractor may be declared ineligible for further Government contracts or federally assisted construction C contract procedures authorized in Executive Order 11246 of - 41 September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by laws. (7) The Contractor will include the portion of the sentence immediately preceding paragraph B(1) of _this Section, and the provisions of paragraphs (1) through (7) ` which -follow, in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontractor or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncom- pliance: Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department, the Contractor may request the United States to enter such litigation to protect the interest of the United States. C. "Section 3" Compliance in the Provision of Training, Employment and Business Opportunities: (Applicable to Federally assisted construction con- tracts and related subcontracts exceeding $10,000) During the performance of this Contract, the Contractor agrees as follows: (1) The Contractor agrees to comply with the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 USC 170(u)), as amended, the HUD regulations issued pursuant thereto at 24 CFR Part 135, and any applicable rules and orders of HUD issued thereunder. (2) The "Section 3" set forth in 24 CFR 135.20(b) shall form part of this Contract, as set forth in Paragraph 1 of the General Conditions, "Contract and Contract Documents." (3) Contractors shall incorporate the "Section 3 clause" shown below and the foregoing requirements in all subcontracts. Section 3 Clause as set forth in 24 CFR 135.20(b) A. The work to be performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the 42 _ IrW greatest extent feasible opportunities for training and employment be given lower'income residents of the project area, and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. _ B. The parties to this Contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development and set forth in 24 CFR 135.20(b), and all applicable rules and orders of the Department issued thereunder, prior to the execution of this Contract. The parties to this Contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. C. The Contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause, and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. D. The Contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to a subcontract upon a finding that a Subcontrac- tor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135.20 (b). The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of regulations under 24 CFR 135.20'(b), and will not let any subcontract unless the subcontractor has first provided said Contractor with a preliminary statement of ability to comply with the requirements of these regulations. f - 43 E. Compliance with the provisions of Section 3, the r regulations set forth in 24 CFR 135.20(b), and all appli- cable rules and orders of the Department issued thereunder prior to the execution of the Contract, shall be a condition *" of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, I 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 exceedin2 $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) l 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 - 308v 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 _ requirements in paragraphs (1) through (4) of this Section in every nonexempt subcontract and requiring that the Contractor will take such action as the Government may direct as a means of enforcing such provisions. - 44 - w L . t. y 77. SPECIAL CONDITIONS PERTAINING TO HAZARDS SAFETY STANDARDS AND ACCIDENT PREVENTION A. Lead -Based Paint Hazards POO (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. I C. Danger Signals and Safety Devices The Contractor shall make all necessary precautions to guard against damages to property and injury to persons. He shall put up and maintain in good condition sufficient red or warning lights at night, suitable barricades and other devices necessary to protect the public. In case the Contractor fails or neglects to take such precautions, the Owner may have such lights and barricades installed and charge the cost of this work to the Contractor. Such action by the Owner does not relieve the Contractor of any liabi- lity incurred under these specifications or Contract. - 45 - 18. NONDISCRIMINATION AGAINST THE HANDICAPPED - SECTION 504 The Contractor shall not discriminate against any otherwise qualified handicapped employee or applicant for employment solely by reason of his handicap. The Contractor shall comply with Section 504 of the Rehabilitation Act of 1973 (P.L. 93-112) as — amended (129 U.S.C.A. §794). EXHIBITS A. COPELAND ANTI—KICKBACK REGULATIONS B. CURRENT WAGE DETERMINATIONS 0 (THIS PAGE LEFT BLANK INTENTIONALLY) r i EXHIBIT ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS ' SO-CALLED "ANTI -KICKBACK �� ACK ACT AND REGULATIONS PROMULGATED PURSUANT THERETO BY THE SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR TITLE 'f8, U.S.C., Section 874 (Replaces Section 1 of the Act of June 13, 1934 (48 Stat. 948, 40 U.S.C., Sec. 276b) pursuant to the Act of June 25, 1948, 62 Stat. 862) KICKBACKS FROM PUBLIC WORKS EMPLOYEES. Whoever, by force, intimidation, or threat of procuring dismissal from employment, or by any other manner whatsoever induces any person employed in the construction, prosecution, completion or repair of any public building, public work, or building or work financed in whole or in part by loans or grants from the United States, to give up any part of the compensation to which he is entitled under his contract of employment, shall be fined not more than $59000 or imprisoned not more than five years, or both. SECTION 2 OF THE ACT OF JUNE 139 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 r - 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 'Section 3.1 Purpose and scope. This part prescribes "anti -kickback" regulations under Section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c), popularly known as the Copeland Act. This part applies to any contract which is subject to Federal wage standards and which -- is for the construction, prosecution, completion, or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States. The - part is intended to aid in the enforcement of the minimum wage provisions of the Davis -Bacon Act and the various statutes dealing with Federally -assisted construction that contain similar minimum wage provisions, including those provisions which are not subject to Reorganization Plan No. 14 (e.g., the College Housing Act of 1950, the Federal Water Pollution Control Act, and the Housing Act of 1959), and in the enforcement of the overtime provisions of the'Contract Work Hours Standards Act whenever they are applicable to construction work. The part details the obligation of contractors and subcontractors relative to the weekly submission of statements regarding the wages paid on work covered thereby; sets forth the circumstances and procedures governing the making of payroll deductions from the wages of those employed on such work; and delineates the methods of payment permissible on such work. Section 3.2 'Definitions. As used in the regulations in this part: (a) The terms "building" or "work" generally includes construction activity as distinguished from manufacturing, furnishing of materials, or servicing and maintenance work. The - terms include, without .limitation, buildings, structures, and improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals; dredging, shoring,'scaffolding, drilling, blasting, excavating, clearing, and landscaping. Unless conducted in connection with and at the site of such a building or work as is described in the foregoing sentence, the manufacture or furnishing of materials, articles, supplies, or equipment (whether or not a Federal or State agency acquires title to such materials, articles, supplies, or equipment during the course of the manufacture or furnishing, or owns the mate- rials from which they are manufactured or furnished) is not a "building" or "work" within the meaning of the regulations in this part. " (b) The terms "conditions", "prosecution", "completion", or repair mean all types of work done on a particular building or work at the site ther f eo , including, without limitation, alter- ing, remodeling, painting and decorating, the transporting of materials and supplies to or from the building or work by the ! employees of the construction contractor or construction sub- contractor, and the manufacturing or furnishing of materials, t- articles, supplies, or equipment on the site of the building or work, by,persons employed at the site by the contractor or subcontractor. (c) The terms "public building" or "public work" include _ building'or work for whose construction, prosecution, completion, or repair, as defined above, a Federal agency is a contracting party, regardless of whether title thereof is in a federal agency. (d) The term "building or work financed in whole or in part by loans or grants from the United States" includes building or work for whose construction, prosecution, completion, or repair, as defined above, payment or part payment is made directly or indirectly from funds provided by loans or grants by a Federal agency. The term does not include building or work for which Federal assistance is limited solely to loan guarantees or insurance. (e) Every person paid by a contractor or subcontractor in r^ any manner for his labor in the construction, prosecution, completion, or repair of a public building or public work or building or work financed in whole or in part by loans or grants from the United States is "employed" or receiving "wages", regardless of any contractual relationship alleged to exist between him and the real employer. (f) The term "any affiliated person" includes a spouse, child, parent, or other close relative of the contractor or subcontractor, a partner or officer of the contractor or sub- 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. POO, i (b) Each contractor or subcontractor engaged in the construction, prosecution, completion, or repair of any public building or public work, or building or work financed in whole or in part by loans or grants from the United States, shall furnish oach week a statement with respect to the wages paid_each of its employees engaged on work covered by 29 CFR Parts 3 and 5 during the preceding weekly payroll period. This statement shall be executed by the contractor or subcontractor or by an authorized officer or employee of the contractor or subcontractor who _ supervises the payment of wages, and shall be on form WH 348 "Statement of Compliance", or on an identical form on the back of WH 3479 "Payroll (For Contractors Optional Use)" or on any form with identical wording. Sample copies of WH 347 and WH 348 may be obtained from the Government contracting or sponsoring agency, and copies of these forms may be purchased at the Government Printing Office. (c) The requirements of this section shall not apply to any contract of $2,000 or less. (d) Upon a written finding by the head of a Federal agency, the Secretary of Labor may provide reasonable limitations, variations, tolerances, and exemptions from the requirements of ` this section subject to such conditions as the Secretary of Labor may specify. (29 F.R. 95, Jan. 4, 1964, as amended at 33 F.R. 10186, July 17, 1961 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 he transmitted together with'a report of any violation, in accordance with applicable procedures prescribed by the United States Department of Labor. (b) Each contractor or subcontractor shall preserve his weekly payroll records for a period of three years from date of completion of the contract. The payroll records shall set out accurately and completely the name and address of each laborer and mechanic, his correct classification, rate of pay, daily and weekly number of hours worked, deductions made, and actual wages paid. Such payroll records shall be made available at all times for inspection by the contracting officer or his authorized representatives of the Department of Labor. r -- Section 3.5 Payroll deductions permissible without application to or approval of the Secretary of Labor. Deductions made under the circumstances or in the situations � described in the paragraphs of this section may be made without 1 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. (c) Any deduction of amounts required by court process to be paid to another, unless the deduction is in favor of the contractor, subcontractor or any affiliated person, or when collusion or collaboration exists. (d) Any deductions constituting a contribution on behalf of the person employed to funds established by the employer or representatives of employees, or both, for the purpose of providing either from principal or income, or both, medical or ' hospital care, pensions or annuities on retirement, death benefits, compensation for injuries, illness, accidents, sick- ness, or disability, or for insurance to provide any of the foregoing, or unemployment benefits, vacation pay, savings accounts, or similar payments for the benefit of employees, their families and dependents: Provided, however, that the following standards are met: (1) The deduction is not otherwise prohibited by law; (2) it is either: (i) Voluntarily consented to by the employee in writing and -In advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of or for the continuation of employment, or (ii) provided for in a bona fide collective bargaining agreement between the contractor or subcontractor and representatives of its employees; (3) no profit or other benefit is otherwise obtained, directly or indirectly, by the contractor or subcon- tractor or any affiliated person in the form of commission, dividend, or otherwise; and (4) the deductions shall serve the convenience and interest of the employee. (e) Any deduction contributing toward the purchase of United States Defense Stamps and Bonds when voluntarily autho- rized by the employee. r (f) Any deduction requested by the employee to enable him 'to repay loans to or to purchase shares in credit unions orga- nized and operated in accordance with Federal and State credit _ union statutes. (g) Any deduction voluntarily authorized by the employee for the making of contributions to governmental or quasi - governmental agencies, such as the American Red Cross. (h) Any deduction voluntarily authorized by the employee for the making of.contributions'to Community Chests, United Givers Funds, and similar charitable organizations. (i) Any deductions to pay regular union initiation fees and membership dues, not including fines or special assessments: Provided, however, that a collective bargaining agreement between the contractor or subcontractor and representatives of its employees provide's for such deductions and the deductions are not otherwise prohibited by law. (j) Any deduction not more than for the "reasonable cost" of board, lodging, or other facilities meeting the requirements of section 3(m) of the Fair Labor Standards Act of 1938, as -- amended, and Part 531 of this title. When such a deduction is made the additional records required. under Section 516.27(a) of this title shall be kept. Section 3.6 Payroll deductions permissible with the approval of the Secretary of Labor. Any contractor or subcontractor may apply to the Secretary of Labor for permission to make any, deduction not permitted under Section 3.5. The Secretary may grant permission whenever he — finds that: (a) The contractor, subcontractor, or any affiliated person does not make a profit or benefit directly or indirectly from the deduction either in the form or a commission, dividend, or otherwise; (b) The deduction is not otherwise prohibited by (c) The deduction is either (1)' voluntarily consented to by the employee in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of employment or its continuance, or (2) provided for in a bona fide collective bargaining agreement between the contractor or subcontractor and representatives of its employees; and (d) The deduction serves the convenience and interest of the employee. (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 a 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. f wages. Section 3.10 Methods of payment o 1 . 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 t' 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 • 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. t (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 a 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. f wages. Section 3.10 Methods of payment o 1 . 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 t' 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 public work or building or work financed in whole or in part by loans or grants from the United States covered by the regulations in this part shall expressly bind the contractor or subcontractor _ to comply with such of the regulations in this part as may be applicable. In this regard, see Section 5.5 (a) of.this sub- title. - - EXHIBIT B WAGE DETERMINATIONS (Obtain from Community Development Office) Subject to Change 10 Days Prior to Bid Opening 7 (THIS PAGE LEFT BLANK INTENTIONALLY) "- r -s JUL 15 -a Ms. Sandy Ogletree City of Lubbock PO Box 2000 Lubbock, TX 79457 Dear Ms. Ogletree: U. S. Department of Housing and Urban Development fort Worth Office, Region A 1600 Throckmorton P.O. Box 2905 Fort Worth, Texas 76113-2905 Subject: HUD Project Number B -91 -MC -48-0022 Installation of Ballfield Liahtina at Mae Simmons Park Lubbock (Lubbock County), TX Enclosed is wage decision number TX91-28/694 (general wage decision), which currently includes one (1) modification, and is applicable to construction of the project cited above. General 1Vage 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 (817) 885-5829 ten (10) days prior to bid opening. Any supersedeas decision or modification announced in the Federal Register ten (10) days prior to bid opening will be applicable to the subject project. if the contract has not been awarded within ninety (90) days after bid opening, any modifications announced prior to award of that contract will be effective. The applicable wage decision, including modifications, must be made a part of the bid documents (if any) or invitations for proposals, and made a part of every subsequent contract and subcontract for construction work on the project. The wage rates contained therein shall be the minimum wage rates to be paid under such contracts by contractors and subcontractors on the job. The Federal Labor Standards Provisions (HUD -4010) must also be included in all contracts, subcontracts, and any lower -tier subcontracts. We are enclosing a HUD -4010 form for your use. It is the Prime Contractor's responsibility to ensure inclusion of wage rates and labor standards provisions in all subcontracts. The recipient must hold a preconstruction conference with the principal contractor and all available subcontractors prior to start of construction, at which time they shall be advised of their responsibilities and obligations regarding the Federal Labor Standards Provisions and the wage decision contained in the contract documents. A copy of the Preconstruction Minutes must be kept in the City's files. Enclosed is a poster which is required to be posted in a prominent place on the job site, readily accessible to the workers, -along with a copy of the wage decision. '�rawra " 0II .W= j N D60 r -s JUL 15 -a Ms. Sandy Ogletree City of Lubbock PO Box 2000 Lubbock, TX 79457 Dear Ms. Ogletree: U. S. Department of Housing and Urban Development fort Worth Office, Region A 1600 Throckmorton P.O. Box 2905 Fort Worth, Texas 76113-2905 Subject: HUD Project Number B -91 -MC -48-0022 Installation of Ballfield Liahtina at Mae Simmons Park Lubbock (Lubbock County), TX Enclosed is wage decision number TX91-28/694 (general wage decision), which currently includes one (1) modification, and is applicable to construction of the project cited above. General 1Vage 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 (817) 885-5829 ten (10) days prior to bid opening. Any supersedeas decision or modification announced in the Federal Register ten (10) days prior to bid opening will be applicable to the subject project. if the contract has not been awarded within ninety (90) days after bid opening, any modifications announced prior to award of that contract will be effective. The applicable wage decision, including modifications, must be made a part of the bid documents (if any) or invitations for proposals, and made a part of every subsequent contract and subcontract for construction work on the project. The wage rates contained therein shall be the minimum wage rates to be paid under such contracts by contractors and subcontractors on the job. The Federal Labor Standards Provisions (HUD -4010) must also be included in all contracts, subcontracts, and any lower -tier subcontracts. We are enclosing a HUD -4010 form for your use. It is the Prime Contractor's responsibility to ensure inclusion of wage rates and labor standards provisions in all subcontracts. The recipient must hold a preconstruction conference with the principal contractor and all available subcontractors prior to start of construction, at which time they shall be advised of their responsibilities and obligations regarding the Federal Labor Standards Provisions and the wage decision contained in the contract documents. A copy of the Preconstruction Minutes must be kept in the City's files. Enclosed is a poster which is required to be posted in a prominent place on the job site, readily accessible to the workers, -along with a copy of the wage decision. 2 T*le) are also enclos- ng a Start Work Notice form which you should comple- and return as notification when construction begins on the project. DHUD, Labor Relations, 6SL 1600 Throckmorton PO Box 2905 Fort Worth, TX 76113-2905 If you need additional information, please feel free to contact our Labor Relations staff at (817) 885-5829. Sincerely, Ferias E. Ferguson Labor Relations Officer Enclosures 0 General Decision Number TX910028/4?9/ Superseded General Decision No. TX900023, State: TEXAS Construction Type: Highway County(ies): ECTOR •MIDLAND RANDALL LUBBOCK POTTER TAYLOR TOM GREEN HEAVY (ekcluding tunnels & dams) and HIGHWAY PROJECTS (does not include building structures in rest area projects). Modification Number 1 Publication Date 12/13/1991 TX910028 - 1 COUNTY(ies): F.CTOR MIDLAND RANDALL TOM GREEN LUBBO" ' �h POT'T'ER 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 i 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 t. POO FORM SETTER—STRUCTURES 7.839 7FORM SETTER HELPER STRUCTURES 6.479 t_ LABORkR—COMMON 6.018 d LABORER UTILITY 7.102 i MECHANIC 10.282 MECHANIC HELPER 8.000 OILER 8.233 SERVICER 7.823 R-- PIPE LAYER 7.000 PIPE LAYER HELPER 6.250 } ASPHALT DISTRIBUTOR OPERATOR 7.972 ASPHALT PAVING MACHINE 8.187 e, BROOD; OR SWEEPER OPERATOR 6.411 BULLDOZER 7.963 CONCRETE PAVING CURING MACHINE 9.100 CONCRETE PAVING FINISHING MACHINE 8.075 CONCRETE PAVING JOINT SEALER 7.750 CONCRETE PAVING SAW 10.063 CONCRETE PAVING SPREADER 9.100 RFTNFnRCTN(= 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 i Ta910028 — 3 r: FOUNDATION DRILL OPERATOR TRUCK MOUNTED 10.750 FOUNDATION DRILL OPERATOR HELPER 7.050 FRONT END LOADER - 2 1/2 C.Y. & LESS 7.458 FRONT END LOADER - OVER 2 1/2 C.Y. 7.669 HOIST - DOUBLE DRUM 8.100 MOTOR GRADER OPERATOR FINE GRADE 10.343 MOTOR GRADER 9.835 - PAVEMENT MAP.KING MACHINE 9.150 _ PLANER OPERATOR 10.458 ROLLER, STEEL WHEEL PLANT -- MIX PAVEMENTS 6.828 ROLLER, STEEL WHEEL OTHER, - FLATWHEEL OR TAMPING 6.474 ROLLER, PNEUMATIC SELF-PROPELLED 6.455 SCRAPER -1 C.Y. & LESS 7.546 SCRAPER -OVER 17 C.Y. 7.655 SIDE BOOM 6.350 TRACTOR -CRAWLER TYPE 150 HP _ A.iD LESS 7.290 TRACTOR -CRAWLER TYPE OVER - 150 HP 10.750 TRACTOR - PNEUMATIC 7.422 _ REINFORCING STEEL SETTER PAVING 7.92G REINFORCING STEEL SETTER STRUCTURES 9.086 REINFORCING STEEL SETTER HELPER 7.772 TX910028 - 4 r" U 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 U 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 TX910028 - 5 THIS PAGE LEFT BLANK INTENTIONALLY Federal Labor Standards Provisions Applicability 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 are included in this Contract pursuant to the provisions aopticaole to such Federal assistance. A. 1. (i) Minimum Wages. All laborers and mechanics employed or work- ing upon the site of the worK (or under the United Stites Housing Act of 1937 or under me Housing Act of 1949 in the construction or development of the project). will be paid unconddionaily and not less often than once a week. and without subsecuent deduction or rebate on any account (except such payroll deductions as are Permitted by regulations rssueo by the Secretary of Lacor under me Copeland Act (29 CFR Part 3). the full amount of wages and bona tide fringe benefits for cash equivalents thereof) due at ome of payment computed at rates not less tnan those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractural relationship which may be alleged 10 exist between the contractor and such laborers and mechanim Contributions made or costs teasonably anticipated for bona fide fringe benefits under Section l(b)(2) of the Davis -Bacon Act on benalf of laborers or mechanics are considered wages pard to such laborers or mechanics. subject to the provisions of 29 CFR75.5(aH1)(rv): also. regular Contributions made or Boss incurted for more than a weeKly period (but not less often than quarterly) under plans, tunas. of programs. which cover the particular weeKiy per". are deemed to be constructively made or incurred during such weeKry period. Such laborers and mechanics snail be pard 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 Pan 5.5(a)(4). Laborers or mechanics performing worx in more than one classification may be compensated at the rate specified for each classi ica- 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(a)f 1Hii) and Ute Davis -Bacon poster (WH -1321) shall be posted at all times by the con- tractor and its subcontractors at the site of the work in a prominent and accessible_ place wnere it can be easily seen by the workers. (1i) (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 the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met '* (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction Industry, and (3) The proposed wage rate, including any bona tide fringe bene- fit„ bears a reasonable relationship to the wage rates contained in the wage determination. 9 (b) If the contractor and the laborers and mechanics to be employed In the classification (it known), or their representatives, and HUD or its designee agree on the classification and wage rale (including the amount designated for fringe benefits where appropriate). a report of the action taken shall be sent by HUD or its designee Ip the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Depanment of Labor. Washington. D.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 HUD or its designee or will notify HUD or its designee within the 30 -day period that additional bme is necessary. (Approved by the Ot ice of Management and Budget under OMB control number 1215-0140.) (c) In the event the contractor. the laborers or mechanics to be employed in me classification or Meir representatives. and HUD Or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits. where appropnalel. *Amend by Ravinion and adding, men page 3 Previous Edition is Obsolete U.S. Department ole Nta>,iw"I /` and Urban Dewtbgmenti HUD or its desrq89Psrf all interested parbasan(i'ttta:regmmc3,a31t W C111HUMIvmrttsaiisignee. to the Administrator fcn lmwrnikna=n.Tftcrtuunwor. crartatuvwr¢ed repre- sentative, will 15&16 alaetermntatnrwatttms=)UyFrdfrgecetittamd so advise HUD or its desigTes�rucmdinttot„AUMOr�ltZdssrWwvwithmtthe'30-day period that at Man- agement and Bui!p t:unaixrC %ffX muot,fttnrramt t3tffi-Dtt ,) (d) The wrg�ersle(mt>+t>mrTgittmgderte3tts$+wtmrea;itprt�rrate) determined punuarntttrrsttdmtregtarMs( shall be pard to all vaaterffiMVWmn%vswW .aider this con- tract from the fiend:ty,art+vvrtKdnwotwduttigertotmeei m1tfe ttEass+ttpnon. (ii) Whenaat-.mtonn mujnmacp!rnttepct=rdaW;mtttt =rdract for a class of laborewarrmemama:srintiti, nttntatenetbtvri chis not expressed as benefit as stated in the walwaleesmknstirmlarrMag+ atttrtsttermststaitdeftmge benefit or an holtiV.,c t,muivale!n,,tttevecre. (iv) If the COTtf=bctdaesnmvtonte syntaits lWattmttteeecr otner third person, the conrad:urmavcantaoar-ss=rt;a fttxtiew+sgrsxitamy laborer or mechanic the andumicn.arnfcds=s sasety m*lamumaatteelmwmviding. bona fide Iringemuretns uncor•alt»rirhat Ute Secretary of Lalannas:ttiund;,rispcn.tae writtesrremtesttaat«he+contractor, that the applicane•suaT=as.o)ttnaL-Mn s-i3aazrnAAEUttb,.--tbeen met The Secretary of tatorrmav,•reaure•:rrecwruafzarnar,sstt erma separate account assetsibrrttwmestm-lr;.niaaxgaltotrswnuBrrttrmtparlrmr program. (Approved by rte l]mide ofteaasigesrrcrtnandii3rroftDttummt3nL)MB Control Number 1215-0140) •• 2. Withholdtrq;.iiiUD4r iwdes+gmmn,snau,uacttnitmcrmmazzn or upon written requestuf,aniautnwrzr:a temenanunrve mlHaw.Mimpn mens of tabor withhold or catLH'tcr.•birw/Inneta,fram'tne`CamtaetbTrunmWtmts contract or any other Fedeauc rritac tmimme szrrteany other Federally-assisewcomrt-tlsito*@mamC,AvrztSkcaniwuwailmg wage requirements. witenits dela:txwtitue;samtr.Arrmv.cmttfactoram-much of the accrued paymei1WatrsavdnC.Masmay, baOOnawtattaSirremessary to pay laborers and fisc:tan,=4,inctuatng„apAte.-nuciiz.tte+rttftm:ano netpers. employed oy tra-tlomrawwrarany,s.rn=nuetrorrillfeildilamount of wages required by tneatvT to= In+tna.evemia)tjknilrrt to'tpB mrWl=orer or mecnanic. inclLa!nqjanyia=iamtm.l.tainewcvrttempe.I Employed or workni on the site of tre of 1937 or under the HOusn%AfaGtalf ent of the project). all or or its desig- nee may, afterrinrttamrrosit'le+tt,rite t�Turtz�orr.�tnrntnc.ajtcant or owner take such actioi.ammatylR,.newmaTIMCF c2 tSe'IItm.3tnMvmcn of any further payment.ai&mms,03w% a mnbmottthnas'.Umtilmudhwictabons have ceased. HUD anti•-dbmqpeamay?,lMvrwrntemw.lcmttbtthecontractor. ass burse such armtirntt;wttbttei"tt+lOy=411=t ac=mL mtadttaw=ntmctor or sub- contractor to tturre$ reentatGypexs to�►wttatt+ttt¢�yanesiue. The Comp- troller General."rafirri testu=Kdcducsvnentsritntttw W10irect Davis -Bacon hazaantrav%. 3- (i) :relating thereto shall t8 of the wort preserved forBOstramicrirtntes�yp3testnereasterrfolrtiln0aktn�rsand mechanics States Housing Act of-U:3?orrumterrats.t+busarq;Acttottm.D R.+mtrneconstrucuor or oevetoomerralrthe?:VnWr.:t�.SiL=wecmasssttaula mmmttne7tame. address, and sarrtaltsvetuitv/”tumt79trof'rtacit+gtratTvwnMffit.thspt her eor• rect c1asS+hcaten7.hQutrdltsS�d/hvagt S CAiK17{1fIQL'ltrtim�rmlrStpf contribu- bons or costs equivalents thereof of the Act daily and week-•nrut>a,o)n7aur6Fworuoesl.JQ'sLrCsdrT�cistade and actual wages paid Wtrnev�r,ttrve3itotesap df)LLarmma ttpucTzftundm 29 CFR 5 139IH+v) that ttk ,wsge ti¢rypttasao�:o7rmecttsstna,mtlWnettneamount of any costs reaslTtalmty gTttC^�tpfsYsit ptntrrdfrtq)t18mrintsrunperr a Alan of pro gram descripelt•m trrrianrt1t wfnbeT08wtstLlTtttar+akcx:me conlractc Shall mtrntainrrtf,+putt:°w+1141'nsttOfw1m31ctte]oil/mm�trtlHrtttlID;pstpvide sucn MMM -4010 (7 &A (HB 1344.1 benefits is enforceable, that the plan or program is linanci.illy responsible, and that the plan Or prooram has been COmmunic-3ted in apprentice. The allowable ratio of apprentices 10 journeymen on Iht writing t0 the laborers or mechanics :irtected. and records which show the costs anoict- in , in any Craft classification shall not be greater than the ratio permitted torr paled or the actual cost incurred in providing such benefits. Contractors contractor as to the entire work force under the registered program. Anu- worker listed on a payroll at an apprentice wage rate, who is not regoi empjovinq apprentices or trainees under approved programs shall maintain or otherwise employed as stated above. shall be written evidence Of the registration OI apprenticeship programs and Cenifl- Canon Of trainee programs. the registration of the paid not less than the applicable wage rate on the wage determination for the classification of apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs work actually performed. In addition, any apprentice performing work off. (Approved by the Office of Management and Budget under OMB Control the lob site in excess of the ratio permitted under the registered prOgrar Numbers 1215.0140 and 1215-0017.) shall be paid not less than the applicable wage rate on the wage deterr (ii) (a) The contractor Shall submit weekly for each week in which any nation for the work actually performed. Where a contractor is perfiirming contract work is performed a copy of all payrolls to HUD or its designee of Construction On a project in a locality other than that in which n5 program registered. the ratios and wage rates lexpressed in the agency is a parry 10 the contract but it the agency is not such a party, the percentages Of the I. neyman's hourly rate) specified in the contractor's or subcontractor's Contractor will submit the payrolls to the applicant sponsor• or owner, re tered program shall be observed. Every apprenCtice must be as tne case may be. for transmission to HUD or its designee The payrolls paid at not less than the rate specified in the registered program for the submitted shall set Out accurately and COmpletely all of the information to be apprentice's level of progress, expressed as a percentage Of the journeymen hourly required maintained under 29 CFR Part 5.5(a)(3)(Q. This information may be specified in the applicable wage determination. Apprentices shall submitted in any form desired. Optional Form WH -347 IS available for this purpose and may be purchased from the Superintendent be pa fringe benefits in accordance with the provisions of the apprenticeship of DOCu- ments (Federal Stock Number 029-005-00014-1), U.S. Government program. It the apprenticeship program does not specify fringe benefits,_ Printing Office, Washington, DC. 20402. The pnme contractor is responsible apprentices must be paid the full amount of fringe benefits listed on the for the submission of copies of payrolls by all subcontractors. (Approved by the wage determination for the applicable classification. It the Administrator Office of Management and Budget under OMB Control Number determines that a different practice prevails for the applicable apprentice 1215-0149) classification. fnnges shall be paid in accordance with that determination. (b) Each payroll submitted shall be accompanied by a "Statement the event the Bureau of Apprenticeship and Training, or a State Appren"-' of Compliance:' signed by the contractor or subcontractor ticesnio Agency recognized by the Bureau, withdraws approval of an Or his or her agent who pays or supervises the payment of the persons employed under aocrentmesnio orogram. the contractor will no longer be permitted to utiaz the contract and small certiy, the following: apprentices at fess tnan the applicable predetermined rate for the work (1) That the payroll for the payroll period contains the information performed until an acceptable program is approved. required to be maintained under 29 CFR Part 5.5 (a)(3)(4 and that such (ii) Trainees. Exceot as provided in 29 CFR 5 16. trainees will not til iMdrmation i3 correct and complete: permteeci to work at less inan the oredetermined rare for the work Der- (2) That each laborer or mechanic (including eacn helper, forrrNa urress tnev are employed pursuant to and individually recislered it apprentice, and trainee) employed on the contract during the pavrotl verioo a _-!Ccrarn wn:cn has received orsor aoDroyal. evidenced by format Cen" cation by 1ne U S. Depanment of Moor. Employment and Traininq Admit has been paid the full weekly wages earned, witnout rebate. either directly stralion The ratio of trainees to lournevmen on the site Or indirectly. and Ihat n0 deductions have been made either directly or incl- redly from the full wages earned, other than permissable deductions lob snail not De greater thin permitted under one plan acoroved by the Emotovment and as set forth in 29 CFR Part 3: Training Administration. Every traineemust be paid at not less than the r" . (3) That each laborer or mechanic has been paid not less than ine soecitied in the approved preg►am for the trainees level of progress. applicable wage rates and fringe benefits or Cash equivalents for the clas- expressed as a percentage OI the fournevman hourly rate soecdied in in_ sication of work performed• as specified in the applicable wage oetermina- applicable waoe determination Trainees snail be paid fringe benefits in Iton incorporated into the contract accordance with the provisions of the trainee program If the trainee pro— (c) The weekly submission of a properly executed cenfiwtion set dram goes not mention fringe Denelits. trainees Snail be Cato the lull form on the reverse side Of Optional Form WH -347 shall satisfy one amount of Innge benefits listed on the wage determination unless the requirement for submission of the "Statement of Compliance' required by Administrator of the Wage and Hour D, Sion determines at there is an paragraph A.3.(ii)(b) of this section. aPprenticesnip program associated wiln the corresponding lourneymar�-- (d) The falsification of any of the above certifications may subject the wage rate on the wage determination which provides for less Imam full Innge benefits for apprentices. Any Contractor or subcontractor to civil or criminal prosecution under Section employee listed on the payroll at a trainee rate who is not registered and parncipating 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (i) The contractor or subcontractor shall make the records required in a training plan approved by the Employment and Training Administration snail be paid--) under paragraph A.3.(l) of this section available for inspection, copying. or less than the applicable wage rate on the wage determination for the wi t transcripbon by authorized representatives of HUD or its designee or the actually performed. In addition. any trainee performing work on the lob -_i in Department of Labor, and shall permit such representatives to interview excess of the ratio permitted under the registered program shall be paid employees during working hours on the job. If the contractor or subcon- not less than the applicable wage rate on the wage determination for thy- work actually performed. In the event the Employment tractor fads to submit the required records or to make them available. HUD and Training Adm istration withdraws approval Of a training or its designee may, after written notice to the contractor, sponsor, appli- program, the contractor will no - longer be permitted to utilize trainees at less Cants or owner, take such action as may be necessary to cause the sus- than the applicable predeter- mined rale for one work perlormed until an acceptable pension of any further payment advance, or guarantee of funds. Funher- program is approved _ more, failure to submit the required records upon request or to make such (iii) Equal employment Opportunity. The utilization of apprentices, records available may be grounds for debarment action pursuant to 29 CFR Pan 5.12. trainees ano journeymen unner this pin sna11 be in conformity wtln the 4. (i) Apprentices and Trainees. Apprentices. Apprentices will be Per. .qua) emnjoyment opoonunily, requirements Of Executive Order 11246, amended. and 29 CFR Pan 30 n)itted 10 work at less than the predetermined rate for the work they per. *' 5. Compliance with Copeland Act formed when they are employed pursuant to and individually registered in a requirements. The contractor shall comply with the requirements of 29 CFR Part 3 bona fide apprenticeship program registered with the U S. Department of whicn Are incorporated by reference in this contract Labor. Employment and Training Administration, Bureau of Apprenticeship 6. Subcontracts. The contractor or subcontractor and Training, or with a State Apprenticeship Agency recognized by the will insert in any Su^ contracts one clauses eont'kined in 29 CFR 5 51-3)(1) through Bureau, or if a person is employed in his or her first g0 days of probationary (10) and su, , other clauses as HUD or its designee may by appropriate employment as an apprentice in such an apprenticesmio program wno is instructions require. and ioso a clause requiring the Subcontractors to include these not individually registered in the program, but who NIS been certified by the Bureau of Apprenticeship and Training Of a State Avorenticesnip Agency -- clauses in any lower tier subcontracts The prime contractor shall be (where appropriate) to be eligible lot probationary employment as an responsible IOr the compliance by any subcontractor or lower tier subct- tractor with all the contract clauses in 29 CFR Pan 5 5. "Amend by Addinq, see page 3 Page 2 of 3 Pages HUD -401012.1 1 'fan 7• CGntracle termination: debarment. A breach of the contract clauses in 29 CFR 5 5 may be grounas for termination of the contract and for debar- ment as a contractor and a subcontractor as provided in 29 CFR 5.12. S. Comobeance with Davis -Bacon and Related Act Requirements. All rul rags and interpretations of the Oaves-Socon and Related Acts contained in 29 CFR Parts 1.3. and 5 are herein incorporated ov reference in this contract I. Disputes concerning tabor standards. 0,soutes arisirg out Of the labor standards oravision , of this contract snail not be suoiec: to tree general disoules clause of this contract Such disoutes shall be •esolvea in accor. dance weln the procedures of the Department at W bor -:et forth in 29 CFR Pans 5. C and 7. Disputes within tree meaning of this clause include dis- putes between the contractor for any of its suocontraCtorsl and HUD Or its designee. the U S. Department of labor. or the employees or their i epresentatives. 10. (i) Certification of Eligibility. By entering into this contract the can - tractor eendies that rt"o-er of (nor ne or she) not anv person or firm who has an interest in the contr t ' b ac or s rm is a person or hrm h-nehgible to be awarded Government contracts by virtue of Section Wal of the Davis. Bacon Actor 29 CFR 5.12(a1(1) or to be awarded HUD contracts or parbcl- pate in HUD programs pursuant to 24 CFR Part 24. n No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of - the Davis -Bacon Act or 29 CFR 5.12(aRt) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (11) The penalty for making false statements is prescnbedrn the U.S. Criminal Code. 18 U.S.C. 1001. Additionally. U.S. Cremnaf Code. Section 1010. Title 18. U.S.C, -Federal Housing Administration transactions". pro- vides in part 'Whoever. tar the purpose of. .influencing in any way me action of such Administration... makes. utters or ouctisnes anv statement knowing tree same to be false... snail ce fined not more tran 55.000 or imprisoned not more than two years. or ootn " 11. Complaints. Proceedings. of Testimony by Employees. No taborer or mecnanic to wnom tree wage. salary. or otner favor stancaras provisions of this Contract are avoncabte-snap be discharged or in anv otner manner discriminated against by the Contractor or any subcontractor oecause sucn employee has bled any complaint or insututeo or caused to ce instituted any proceeding or has testified or is aoout to testitv in anv oroceedeng uneer or relating to tree labor standards apahacao:e uneer this Contract to hes emotover. 8 Contract work Hours and Safety Standards Act As used in this para. graph. the terms'•iaborers and'•mecnar,cs :rclude watcrmen and guards. - (1) Overtime requirements. tfo contractor Or subContractot contracting for any pan of the contract work which may require or involve the employ. Ment of laborers or mechanics snail require or permit any such laborer or Rlechame in any workweek in which he or she K employed an such work to work in excess of forty hours in much workweek unless such laborer or mechanic receives compensation *JU-taded by revision and addings (2/92) at a rate not less than one and one-half tildes the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation: liability for unpaid wages: liquidated damages. In free event of any Violation of the clause set forth in suboaragraon 111 of this paragraph. the contractor and any subcontractor responsible therefor snail be liable lar the unpaid wages. In addition. such contractor and subcon. tractor snail be liable to the United States tin the case of work done under contract for the District of Coliumota or a territory. to such District or to such territory). for hquh03ted damages. Such hquhdated damages small be com- putea with respect to each individual laborer or mechanic. including watchmen and guards. employed in vwlation of the clause set forth in sub- paragraph (t) of this caragrann. in the sum of S10 for each calendar day on which such individual was required or permitted to work in eircess of the standard workweek of forty hours without payment of the overtime wages required by the clause met forth in sub paragraph (1) of this paragraph. (3) Withholding for unpaid wages and liquidated damages. HUO or its designee shall upon its own action or upon wrmen request of an aum0- rized representative of the Department of tabor withhold or cause to be withheld. from any moneys payable an account of work performed by the contractor or subcontractor under any such contract or any other Federal contract wim the same prime contract or any other Federally-assrsted con- tract Subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any Itabititie3 at such Contractor or subcontractor for unpaid wages and hquidateo damages as Provided in rte clause set forth In suvpatagraon (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor snail insert in any subcontracts line clauses set fortn in suooaraoraon 11) through 44) of this Paragraon and also a clause requiring the succontractdrs to include these Clauses in any lower tier suocontraets. The prime contractor snail be resoonsiote for compliance OV any subcontractor or lower tier suOCOntrae- toe with the clauses set forth in suovaragtaons 11) through 14) of this paragraon. C. Health and Safety . (1) NO laoorer Or mecnanic snail be required td work in surroundings or under working conditions which are unsanitary. nazaroous. or danger. pus to ties neactn ano salety as cetermineo under construction safety and neenh stancaras promulgated ey ine Secretary of t acor by regulation. (2) The Contractor snail ccmoty wain all regulations issued cy the Secreary of tacor pursuant to T ::e 29 Part 1926 (formerly can 15181 and I3aiure to comoiy may result in hmoosition of sanctions Pursuant to the Can. tract Work Harts and Salety Standards Act 1PY011c law 91.54, 83 Slat 96L (3) The Contractor snail include the provisions of this Article in every subcontract so that sucn Provisions well be vending on each succontractor. The Contractor snail take such action with respect :o any subcontract as the Secretary of Housing and Urban Development or the Secretary of tabor shall direct as a means of enforcing such provisions. (1)Cxcept with respect to helpers as defined in 29 CFR 5.2(n)(4), the work to to performed by t the classification requested is not performed by a classification in the wage cc terminntiont and (4) with respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed. (4)(1v) Helpers. Relpera'will be permitted to work on a project if the helper clafaitication is specified on an applicable wage determination or is approved pursuant to the contormnnce procedure tet forth in 5.5(a)(1)(Li). The allowable ratio of helpers to Journeymen employed by the contractor or subcontractor on the job site shall not be greater than two helpers f three journeymen (in other words, not more than 40 percent of the total number of journeymen and or every helpers in each contractor's or in each subcontractor's own work employed on the Job eito). Any worker listed on a payroll at a helper wage rate, who is not a helper as defined an 29 CFR 5.2(n)(4), shall be paid not less than the applicable wage rate on the wage determi,natii.n for the Classification of work actually performed. In addition, any helper pertarmtnq work on the Job reel site in excess of the ratio permitted shall be paid not less than the appl►cablo Iurnsyman's j (orflaborer,s, where appropriate) wage rate on the wage determination tar the work actually �" Page 3 of 3 Pages NUDa010 tI•e4f -z i j� l CE7CMR P. TE lhbrk�ng on rat c)r Fbderall� r 7 1 n e c l.t Consiruction ncro� You must be paid not less than the wage rate in the schedule posted with this Notice for the WAGES kind of work you perform. OJ�EJZ= You must be paid not less than one and onp-half times your basic rate of pay for all hours worked over 40 a week. There are some exceptions. AIFM'NTICES Apprentice rates apply only to apprentices properly registered under approved Federal or State apprenticeship programs. If you do not receive proper pay, contact the Contracting Officer listed below: or you may contact the nearest office of the Wage and Hour Division, U.S. Department of Labor. The Wage and Hour Division has offices in several hundred communities throughout the country. They are listed in the U.S. Government section of most telephone directories under. U.S. Department of Labor Employment Standards Administration I S. r)roartmenl of Labor No Text START WORK NOTICE DHUD, Labor Relations, 6SL P.O. Box 2965 Fort Worth,, TX 76113 This is to notify you that construction has started on the following project: HUD PROJECT NUMBER: LOCATION: City/State DATE OF START WORK: NUMBER OF WAGE DECISION TO BE USED: BRIEF DESCRIPTION OF WORK: CONTRACT AWARD DATE: AMOUNT: $ BID OPENING DATE: (Signature) (Title) (Telephone Number) PLEASE SUBMIT TWO (2) COPIES (THIS PAGE LEFT BLANK INTENTIONALLY) No Text (THIS PAGE LEFT BLANK INTENTIONALLY) S], CTION O1- SUMMARY OF WORK Martin Luther King Little League Lighting - Mae Simmons Park (24th Street @ Quirt Avenue) 1. General 1.1 Scope of Project A. The purpose of these plans and specifications is to define the performance and design standards for the installation of Baseball Field lighting at Martin Luther King Little League Field (24th Street @ Quirt Avenue, Lubbock, Texas). Contractor shall supply all supervision, perform all work, and furnish all labor, equipment, and incidentals necessary for the erection and construction of the lighting, poles, and electrical system as specified and/or implied by these plans and specifications. 1.2 Work Included A. Section 02 - Product Substitution B. Section 03 - Lighting C. Section 04 - Steel Poles D. Section 05 - Electrical 1.3 Additional Information A. All information under General Instructions To Bidder, General Conditions of Agreement, and Special Conditions apply to this section. B.. These plans and specifications were prepared by the Parks and Recreation Department (which shall be called Owner). Contractor shall set all construction stakes for locations of elements at project site. Owner shall have 36 hours to approve or adjust staking before construction is begun. Construction shall not begin until staking is approved by Owner. 2. Quality Assurance 2.1 Contractor shall take all precautions necessary to protect all existing trees, shrubbery, sidewalks, buildings, vehicles, utilities, etc., in the area where the work is being done. The Contractor shall rebuild, restore, and make good at his own expense, all injury and damage to same which may result from work being carried out under this contract. '- 2.2 The Contractor shall take all necessary precautions to assure the safety of the park visitors during the construction and clean-up operations. The Contractor shall maintain and keep in good repair the work intended under these Plans and Specifications and shall perform all necessary repair, construction, and renewal to the date of acceptance by Owner. 2.3 Any utilities and irrigation lines shown on plans are for information only and are not guaranteed by the Owner to be accurate as to location and depth. The Contractor's attention is directed to the fact that other underground utility lines may exist that Owner is not aware of. It is the Contractor's obligation to locate and familiarize himself with all utilities and to provide for their safety. Damage to utilities will be repaired at Contractor's Expense. End - of - Section f y SECTION X02_ PRODUCT SUBSTITUTION Martin Luther King Little League Lighting - Mae Simmons Park (24th Street @ Quirt Avenue) Substitutions 1. Conditions for substitutions ("OR EQUAL") A. In the event that the clause "OR EQUAL" is used in the specifications pertaining to materials, the Bidder desiring to make substitutions for specified equipment shall submit the following: 1. Product identification, including manufacturer's name, address, and product literature. 2. Product description. 3. Product performance and test date. 4. Reference standards. B. Request for substitution should be included with overall bid and will be considered , before contract is awarded. C. After _contract is awarded, no substitutions will be considered. It will be Bidder/Contractor's responsibility to insure l the availability of specified product or l substitution before bid date. D. Bidder shall provide the same guarantee for substitution as for product or method specified. E. Bidder shall coordinate installation of accepted substitution into work, making such changes as may be required for work to be complete in all aspects. a, F. Bidder shall waive all claims for additional costs related to substitution which „ consequently becomes apparent. G. Bidder shall be prepared to send owner a price breakdown of any and/or all items he has bid on. Price breakdowns will only be requested after the bid opening has taken place. 2 Substitutions will not be considered if: A. They are indicated or implied on shop drawings or project data submittals without — being formally described as to their differences from what was originally specified. B. Acceptance will require substantial revision of the original design intent. End - of Section r r SECTION 03 LIGHTING Martin Luther King Little League Lighting - Mae > Simmons Park (24th Street @ Quirt Avenue) 1. Lighting Performance 1.1 Footcandle Level A. The performance criteria for this playing field requires lighting equipment which will provide average light levels of 50 footcandles infield and 30 footcandles outfield maintained with normal lamp replacement and reflector cleaning. A maintenance factor of .8 is to be used in determining the initial light value after adjustment for a tilt factor. The light levels are stated in the numeric values to be obtained during the initial hours of the operation of the lighting system. Bidders shall supply computer generated point by point lights scans based on 155,000 lumens per lamp showing both initial and maintained footcandle levels. B. The footcandle level shall have a uniformity ratio of maximum to minimum of not greater than 2:1 infield and 3:1 outfield. 1.2 Spill/Glare Light Control - Designated Areas A. At 200' Distance: Light levels shall not exceed the designated maximum footcandles or average footcandles shown below. These levels shall be shown as initial footcandles and shall be measured at a distance of 200 feet .from the boundary of the ball field in any direction. 200' From Field Boundary Max Footcandles'l Average Foot- candles Horizontal Footcandles 0.3 0.12 Footcandles with meter aimed toward brightest light bank 1..7 0.9 B. At 5001 Distance: Light levels shall not exceed the designated maximum footcandles or average footcandles shown below. These levels shall be shown as initial footcandles and shall be measured at a distance of 500 feet from the boundary of the ball field in any direction. 5001 From Field Boundary Max Footcandles Average Foot- candles Horizontal Footcandles 0.03 0.01 Footcandles with meter aimed to- ward brightest light bank 0.33 0.2 2. Energy Consumption Performance 2.1 The manufacturer shall guarantee that the maximum kilowatt consumption shall not exceed 32 kw to meet the maintained footcandle levels and spill control requirements as specified. 3. Inspection and Verification 3.1 Field Test and Measure Procedures A. All testing will be done with each field illuminated individually. B. -Infield Area Test Stations - Test stations for infield measurements of horizontal illumination levels shall cover an area of 80 feet by 80 feet and consist of 25 locations on an equally spaced 20 feet by 20 feet grid (commencing 10 feet outside each baseline). C. Outfield Area Test Stations - Test stations for outfield measurements of horizontal illumination levels shall cover the entire outfield area to the fence.. Test stations shall be on a 20 feet by 20 feet grid and consist of 33 locations. D. Horizontal Footcandle Readings - The test cell shall be positioned 36 inches above the playing surface for all field footcandle readings. i I A. 3.2 Off -Site testing and Measurement Procedures A. Ambient Light Levels - Ambient light (light outside the playing area generated by sources other than ballfield lighting such as moon light or street lighting) levels shall be measured at the designated test stations as specified in 1.2.A. Technician is to record the maximum ambient footcandle levels in all planes and horizontal footcandle: levels for each test station with playing field lights off. Then with playing field lights on, repeat the measuring procedure for spill light and subtract the difference for each test station. B. Horizontal Footcandle Readings - The test cell shall be positioned horizontally 36 inches above grade for all horizontal spill light footcandle readings. C. Any Plane Footcandle Readings - The test cell shall be positioned in any plane: for measurement of maximum footcandles as specified in section 1.2.A. 3.3 Testing equipment for measurement of footcandle levels shall be United Technology's Digital Model #61, a Gossen Panalux Electronic 2 or an approved equal, and must show proof of calibration prior to testing as -required by manufacturer. r, 3.4 Final Approval A. For final approval of the project, the manufacturer shall provide a final report from the test results that shall provide the following items. 1. Identification of number and location of the test stations. 4. Luminaire Assembly 4.1 General Description A. The luminaire assembly shall consist of lamp, lamp socket, reflector, lens, lamp cone, reinforcing retaining ring, adjustable aiming mounting device, steel crossarms, integral wiring enclosed in rigid raceway, pole clamps and shall be Light Structure System "Trade Mark" as manufactured by Musco Sports - Lighting, Inc. or an approved equal. 4.2 Items to be submitted for consideration of an alternate Luminaire Assembly. A. Failure to provide any of the following information with the alternate submittal will be grounds for rejection of the alternate. Each item shall also be clearly lettered to correspond with the following list. All items shall be assembled in the order indicated and secured or bound in a neat and orderly fashion for easy use and reference. Bidders requesting to use equipment other than that specified shall submit ten (10) days prior to bid opening the following: 1. Layout Drawing - Overall lighting layout design showing luminaire mounting heights and pole locations. 2. Aiming Drawing - Light aiming point plan showing focus points and reflector types. 3. Luminaire Assembly Drawing - A drawing of the luminaire assembly and its interface to show the required poles. The drawing shall show size, strength, type of material, coating of all components and hardware, and shall meet the following specifications: a. Structural Strength The luminaire assembly as shown in the manufacturer's submittal shall be capable of withstanding forces equal to 125 mph wind levels as per ANSI -B standards, without structural damage or misalignment of the luminaries on the assembly. b. Coatings All component surfaces of the completed assembly, except for the reflector, hardware and fasteners, shall be coated with hot dipped galvanized ASTM A-123. Reflector - The reflector shall be of spun aluminum with alzak finish. C. Reflector and Lamp Supports The reflector shall be fastened to the lamp cone with a reinforcing retaining ring containing an p acrylic compressed fiber ring which centers and stabilizes the lamp in the reflector and provides a heat shield to protect the lamp socket from heat. d. Lens A removable lens with silicone gasket shall be attached to the reflector and shall be impact and thermal resistant glass. The lens rim shall be stainless steel or equal and shall be attached to the reflector with hinged cable or chain. e. Aiming The manufacturer shall provide a mechanical positioning device for each luminaire on the assembly which device shall be set at the factory by the manufacturer based upon computer calculated aiming information such that each assembly is delivered to the job site as a composite light source. The device shall provide for repositioning of the aiming after relamping. The manufacturer shall also supply drawings showing the aiming point locations of each liminaire. 4. Computer Models - Field Light Values a. Manufacturer shall submit an original (copies are unacceptable) computer derived lighting scan showing point by point horizontal footcandle levels on the playing surface, maximum to minimum ratio, number of luminaries, initial lamp lumens and average tilt factor per Section 1.1.A. b. Manufacturer is to submit with this computer derived lighting scan information on the number and type of fixtures being used and kilowatt consumption for the lighting system. 5. Computer Models - Extended Scans a. Manufacturer shall submit a computer derived lighting scan with spill control showing the following: a) Point by point horizontal footcandles. b) Point by point maximum footcandles as explored in any plane. Manufacturer is to submit these scans on a 1380 foot by 1380 foot area using an equally spaced 30 foot x 30 foot grid with the facility located in the center of the 1380 foot x 1380 foot area. These scans shall reflect the spill light readings as defined in Section 1.2.A. 6. Equipment Model Numbers - Written statement of model number and manufacturer for all equipment bid. Submit a packet of descriptive literature on all equipment bid, as well as drawings and specifications of the luminaire assembly. 7. Luminaire Assembly Warranty - Written warranty from the manufacturer covering luminaire assembly and equipment replacement policy. 8. Aiming Alignment Warranty - Written - warranty form the manufacturing company headquarters covering the aiming alignment of the luminaire assembly. 9. Wind Load Engineer's Certification - Certified engineer, independent of manufacturer, shall verify and stamp wind load test of luminaire assembly to meet or exceed structural strength as described in section 4.2.A.3.a.. 10. U.L. Test Report - Bidder shall supply for the owner's review, a copy of the Underwriters Laboratory report covering the luminaire assembly being bid. r� r 11. Verification of Demonstrated Field Technology - The manufacturer must submit in writing documented proof showing a minimum of five (5) such similar lighting projects where the ^, specifications outlined above for spill control, field illumination values, and W energy consumption have been met. 12. Manufacturer's Guarantee - The manufacturer shall submit in writing a letter guaranteeing compliance as to the above specifications. Written explanation shall be provided prior to bidding as to specified criteria for which non-compliance is anticipated and an explanation as to why the criteria should be waived. 4.3 Lamps A. Lamps shall be 1500 watt metal halide and shall met ANSI designation M48PC 1500 BU and be Westinghouse #MH1500BU, or an approved equal. 4.4 Ballast A. There shall be an individual ballast for each luminaire. The ballast shall be a lead peak auto -regulating ballast. The remote ballast system described above shall be located approximately 10' above grade on the same pole as the luminaire assembly in a NEMA Type 3R enclosure where the ballast and capacitors shall operate in ambient air not to exceed 70 degrees C as established by U.L. Test Standards. The assembly design shall be adaptable to various standard ballast and must retain U.L. listing. 4.5 Wiring and Over current Protection A. All wiring on the luminaire assembly shall meet National Electrical Code and shall pass from each luminaire on the assembly through protective enclosures to join in a common enclosure. Each luminaire shall have individual supplemental fuse protection located in ballast boxes or in adjacent metal enclosures. Fusing must be U.L. listed. In - Line fusing will NOT be accepted. i 4.6 Special Conditions . A. Codes - Luminaire assembly shall be U.L. listed and meet National Electrical Code and NEMA Publication FA -1. Pole clamps are not U.L. listed. B. Manufacturer's Warranty - Luminaire assembly shall be warranted in writing by the manufacturer for a period of seven (7) years and shall be submitted with the bid. Any parts that shall be found defective shall be replaced free of any material or labor charges to the customer. C. Aiming Alignment Warranty - The alignment of the luminaries shall be warranted by the manufacturer against movement on the luminaire assembly for a period of five years from the date of installation. Labor charges for re -aiming during the warranty period shall be the responsibility of the manufacturer. D. Replacement Parts - The contractor shall furnish to the owner one extra lamp and six extra fuses for future use. END OF SECTION r r� SECTION 04 STEEL POLES r• Martin Luther King Little League Lighting - Mae Simmons Park (24th Street @ Quirt Avenue) MM 1. Structural Design 1.1 Wind Criteria A. The poles and method of installation of base shall be designed to withstand the overturning moment created by wind loads on poles and luminaires assembly (EPA) at each location. The entire structure, including pole and luminaire assembly, shall withstand forces equal to 125 m.p.h. wind level without damage or misalignment of the luminaire assembly as defined by ANSI -B Standard. Pole strength shall be calculated based upon AASHTO Pole Structure Criteria. Foundation design shall be based upon BROMS Standards using a safety factor of three (3) (Alternate UBC). Poles shall be set according to approved drawing and shall be plumb within three feet of location. 1.2 Pole Specifications A. Poles shall be all steel with a concrete base and shall be designed to withstand forces specified in the Structural Design section above. Poles shall be equipped with reinforced handhole containing equipment grounding lug and cover plate approximately 12 inches above base. 1-1/2" couplings with accompanying reinforced handholes and cover plates shall be provided to service the luminaires and disconnects. Fixture manufacturer to determine quantity and location of these items. Overall pole length will be determined by required light levels as listed in section 03 LIGHTING. Galvanized elements (pole, crossarms,braces, boxes, hubs, or any extension attached to the pole) shall be hot -dipped meeting ASTM -123 standards. B. Concrete Base Pole shall be formed with concrete that obtains 9500 PSI strength and contains pre -stressed steel cable that is stressed to 28,910 lbs. (which shall be 70% of the ultimate yield strength of the cable). r 2. Soil Conditions 2.1 The design criteria for these specifications are _based on soil conditions with 200 PSF or greater compression load. It shall be the contractor's responsibility to notify the owner of soil conditions other than the design criteria. The owner shall then be responsible and absorb the cost to provide: A. Adequate pole bases for soil conditions less than 200 PSF. B. Excavation and removal of materials other than normal soils, such as rock, caliche, etc. 3. Installation 3.1. Lighting Protection A. The contractor shall provide and install one 5/8" by 81 long copperweld ground rod at each pole base approximately three feet from the pier in undisturbed earth at a minimum of 12 inches below grade. A 16 bare copper ground wire shall be extended from this ground rod through the PVC raceway to approximately two feet above the foundation. 3.2 Backfill A. The contractor shall use concrete to backfiff around the embedded pole base to assure the foundation design criteria. END OF SECTION SECTION 05 ELECTRICAL POO Martin Luther King Little League Ligh.ting - Mae Simmons Park (24th Street @ Quirt Avenue) 1. SYSTEM DESIGN The electrical wiring system shall consist of a main entrance service panel board with underground feeder or branch circuits to factory installed safety disconnect breaker located in electrical component enclosure mounted on each luminaire pole (NEC 230-84). The systems shall be designed to result in no greater than 3% voltage drop at any luminaire. The system shall have overcurrent protection for each service, feeder, branch circuits and ballast. Each pole shall have a grounding electrode connected to the system circuit grounded conductor (NEC 250-24). A neutral conductor connecting to the service system ground shall be run from circuit breaker panel to all electrical component enclosures and luminaire assembly equipment. For ungrounded systems, a grounding electrode shall be established at the entrance and connect to equipment grounding conductor which connects to the circuit breaker panel, all electrical component enclosure and luminaire assembly equipment. The power supply to the main service entrance panel board shall be provided by the utility company and the owner as shown on the accompanying drawings. 2. SERVICE ENTRANCE Main entrance circuit breaker panel board shall be located as shown on the drawing and shall be a circuit breaker panel board with NEMA 3R enclosure. Circuit breakers shall be the bolt -on type. Panel board shall have a minimum of two feeder or branch circuits. Equipment shall be Square "D" type I -Line, NEHB or NQO or approved equal. Service underground conductors (laterals) shall be installed in rigid galvanized steel conduit or IMC from service entrance equipment and extend to the bottom of the trench with 90 degree elbows at its outer end. If raceway is not continuous, open butt end shall be protected with insulating type bushing. 3. UNDERGROUND FEEDER AND BRANCH CIRCUITS 3.1 FEEDER AND BRANCH CIRCUITS Underground wiring for feeder circuits shall run from the circuit breaker panel board to the safety disconnect breaker mounted in the electrical equipment enclosure on each luminaire pole. 3.2 RIGID CONDUIT Rigid galvanized steel conduit or IMC shall be installed at the service entrance to provide raceway for feeder or branch circuits. The rigid galvanized steel conduit shall connect to the circuit breaker panel board and extend to the bottom of the trench with a 90 degree elbow connection at its outer end.- Feeder or branch circuits shall be direct burial cable or direct burial non-metallic conduit as specified. All ends of a raceway that are not continuous shall have open butt ends protected with insulating type bushing. 3.3 DIRECT BURIAL CABLE Feeder or branch circuits shall be direct burial cable of copper or USE or OF insulated conductors. 3.4 DIRECT BURIAL CONDUIT Underground conduit shall be non-metallic Carlon PV-Duit PVC plastic conduit, type 40 Heavywall 90 C rated, or approved equal. Underground PVC conduit shall be connected to the 90 degree rigid galvanized steel elbows located at the bottom of the trench where the feeder originates and runs to and connects to the 90 degree rigid galvanized steel elbows at each pole. Underground conduit wiring conductors in PVC conduit shall be copper building wire type THWN. 4. BRANCH CIRCUIT SAFETY DISCONNECT BREAKER Each luminaire pole shall have an individual safety disconnect breaker which shall be rated for service entrance duty. Each disconnect breaker shall be factory installed in a NEMA 3R electrical• component enclosure. The required safety breakers shall be installed approximately eight (8) feet above final grade. 5. ELECTRICAL EQUIPMENT ENCLOSURE ON POLES Nema 3R electrical equipment enclosure on each pole containing disconnect breaker, panel and distribution terminal blocks shall bet provided by manufacturer. (See section II for specifications on equipment enclosure) 6. BRANCH CIRCUITS ON POLES Branch circuits at each pole extending from the safety disconnect breaker to fixture distribution terminal blocks in each electrical equipment enclosure shall be factory installed by manufacturer and wired for single phase. Contractor shall be responsible for changing the phasing as required. 7. OVERCURRENT PROTECTION 7.1 SERVICE ENTRANCE Service entrance feeder or branch circuits shall have properly sized overcurrent protection. The circuit breaker must be compatible with the specified panels and shall be thermal magnetic bolt -on type with a common trip handle for multi- pole breakers. Exterior tie handles shall not be acceptable. The AIC rating of overcurrent devices shall equal or exceed the available fault circuit at the main lug terminal. The circuit breakers shall be Square "D" FA, QO or EH bolt -on circuit breaker or approved equal. 7.2 BRANCH CIRCUIT DISCONNECT BREAKER Factory installed branch circuit disconnect breakers shall be Square "D" FA or QO circuit breaker or a pproved equal. 0 7.3 BALLAST SUPPLEMENTAL FUSES �I All luminaire fixture ballasts shall be individually protected against overcurrent by factory installed supplemental fuses. 480/277 volt ballast protection shall be Limitron Bussman Fuse #KTK or approved equal 600 volt rated. 120, 240, 208 volt ballast protection shall be Fusetron Bussman Fuse #MDA or approved equal. r 0 S. GROUNDING Main entrance service and all luminaire assemblies and Toles shall meet the following requirements for grounding: 8.1 GROUNDING AT SERVICE ENTRANCE The service entrance circuit breaker panel board shall have a 16 bare copper grounding electrode conductor connected from the neutral bar to two parallel 5/8 inch by 8 foot copperweld ground rods buried a minimum of 12 inches below final grade with a minimum six (6) foot separation between rods. If ground rods cannot be instaled vertically, they may be installed at no less than a 45 degree angle from vertical or buried horizontally in a trench 2-1/2 feet deep. 8.2 GROUNDING AT EACH LUMINAIRE POLE Each luminaire pole shall have green equipment ground wire connecting all equipment grounds in the electrical equipment enclosures and wire harness up pole and connect to luminaire equipment. 9. TRENCHING Trenching depth and width shall be adequate to install direct burial cable and conduit with minimum cover of 24 inches. Trenches shall be backfilled with excavated soil and compacted to approximately the same density of surrounding soil to eliminate settlement. Backfill maybe accomplished by tamping or water jetting and flooding until full settlement has been reached. Special attention shall be taken at all locations where 90 degree rigid galvanized steel conduit • extends into trench. Backfill beneath elbow shall be tamped to approximately the same density of surrounding soil to eliminate shearing action on conductors. End - of - Section i NOTICE OF ACCEPTANCE f (THIS PAGE LEFT BLANK INTENTIONALLY) City of Lubbock P.O. Box 2000 Lubbock. Texas 79457 606-767-2167 Row -Wall Electric, Inc. Box 1914 Attn: Lynn B. Rowan, III Lubbock, TX 79408 SUBJECT: Mae Simmons Ballfield Lighting Office of Purchasing September 29, 1992 The City of Lubbock, having considered the proposals submitted and opened on the 9th day of September, 1992, for work to be done and materials to be furnished in and for: City of Lubbock Bid # 12186 MAE SIMMONS BALLFIELD 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 24, 1992, at the bid price contained therein, subject to the execution of and furnishing of all other documents specified and required to be executed and furnished under the contract documents. It will be necessary for you to execute and furnish to the City of Lubbock all such documents within 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 OF LUBBOCK c��G-✓ Z__eads, C.P.M. Purchasing Manager r