HomeMy WebLinkAboutResolution - 4143 - Contract - Artex Electric Company - Traffic Signal Cable Relocation, CTP - 05_13_1993Resolution No. 4I143
May 13, 1993
Item #29
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 Artex Electric Company to provide traf-
fic signal cable relocation for Citibus Transfer Plaza, Lubbock, Texas,
attached herewith, which shall be spread upon the minutes of the Council and
as spread upon the minutes of this Council shall constitute and be a part of
this Resolution as if fully copiedbein detail.
Passed by the City Council this I 13th dak,,pfr'''r—Mai 1993.
ATTEST:
Betty MI. o nson, Oity Secretary
APPROVED AS TO CONTENT:
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Victor i man, urc asing Manager
APPROVED AS TO FORM:
Harold94aa t� Willard, Assistant City
Attorney
EWaje/ARMELE.RES
DI-Agenda/May S, 1993
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LUBBOCK TEXAS
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MWM ARCHITECTS INC.
LUBBOCK MIDLAND
HUGO REED AND ASSOCIATES, INC.
CONSULTING CIVIL ENGINEERS
MARCH 1993
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PROJECT NO. 1192-1
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BID NO. 12540
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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 pity of Lubbock and Artex Electric Company 'to provide traf-
file signal cable` relocation for Citibus Transfer Plaza, 'Lubbock, Texas,
attached herewith, which shall be spread upon the minutes of the Council and
as spread upon the minutes of this Council shall constitute ':and be a part of
this Resolution as if fully copied herein in detail.
Passed by the City Council this day of 1993.
ATTEST:
Betty M. Johnson, City Secretary
APPROVED AS TO CONTENT:
j Z-a6l Mtt�
Victor man, urc as ng anager
APPROVED AS TO FORM:
Harold Willard, Assistant it
Attorney y
aw:j■/ARTEXELE.RES
D1-Asenda/Hay S, 1993
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LUBBOCK TEXAS
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MWM ARCHITECTS INC.
LUBBOCK MIDLAND
HUGO REED AND ASSOCIATES, INC.
CONSULTING CIVIL ENGINEERS
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PROJECT NO. 1192-1
BID NO. 12540
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ADVERTISEMENT FOR BIDS
Sealed proposals addressed to Ron Shuffield, Senior Purchasing
Buyer, City of Lubbock, Texas, will be received at the office of the
Purchasing Agent, Municipal Building, 1625 13th Street, Room L-04,
Lubbock, Texas, 79401 until 2:OOPM CDT - April 15, 1993 or as
changed by the issuance of formal addenda to all planholders, to furnish
all labor and materials and ,perform all work for the construction of the
following described project:
Traffic Sicmal Cable Relocation
Citibus Downtown Transfer Plaza
After the expiration of the time and date above first written, said
sealed proposals will be opened by the Purchasing Buyer at his office
and publicly read aloud.
The plans, specifications, proposal forms and contract documents
may be examined at the office of the Purchasing Buyer for the City of
Lubbock, Texas and MWM Architects, Inc., 2574 74th Street, Suite 201,
Lubbock, Texas.
The plans, specifications, proposal forms and contract documents
shall be distributed from the office of MWM Architects, Inc., 2574 74th
Street, Suite 201, Lubbock, Texas.
Each Prime Bidder shall be furnished with two (2) sets of complete
plans and specifications upon the deposit of $100.00 as a guarantee of
their safe return. The full amount of the deposit shall be returned if
the documents are returned in good condition within ten (10) calendar
days after the bid opening.
Attention of each bidder is particularly called to the Schedule of
General Prevailing Rate of Per Diem Wages included in the contract
documents on file in the office of the Purchasing Buyer of the City of
Lubbock, Texas. Each bidder's attention is further directed to the
provisions of the Davis - Bacon Act, and the requirements contained
therein concerning such wage scales and payment by the contractor of the
prevailing rates of wages as heretofore established by the U.S.
Department of Labor.
The City of Lubbock reserves the right to reject any and all bids
and to waive any and all formalities.
The City of Lubbock hereby notifies all bidders that in regard to
any contract entered into pursuant to this advertisement, minority and
women business enterprises will be afforded equal opportunities to
submit bids in response to this invitation and will not be discriminated
against on the grounds of race, color, sex, or national origin in
consideration for an award. Further, each bidder's attention is herein
directed to the Federal Transportation Administration (FTA) requirement
that a minimum of Five (5) Percent of the total amount of the Work shall
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be supplied by minority, women, and/or disadvantaged business
enterprises.
You are hereby respectfully notified that this contract involves
trenching more than five (5) feet deep and that the plans and
specifications for this contract includes detailed plans and --
specifications for trench safety systems that meet Federal Occupational
Safety and Health Administration standards, and that these plans and
specifications must include a separate bid (pay) item for these same
trench safety systems. You are further notified and advised that if you
are the successful bidder and your bid is accepted, you will be
responsible for and are required by the execution of this contract to
conduct a safety program for this trench system including, but not _
limited to, the designation of one of your representatives at the job
site to be in charge at all times of the implementation and maintenance
of the trench system safety program during the life of this Contract. —
There will be a pre -bid conference on April 8, 1993 at 10:00 AM,
CST, Conference Room #108, Municipal Building, 1625 13th Street. _
BY: Ron Shafield
Senior Purc sing Buyer
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NOTICE TO
BIDDERS
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Sealed proposals addressed to
Ron Shuffield,
Senior_ Purchasing
�-
Buyer, City of Lubbock, Texas, will
be received at
the office of the
Purchasing Agent, 1625 13th St., Room
L-04, Lubbock,
Texas, 79401 until
2:OO PM CDT - April 15, 1993
, or as changed by
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the issuance of formal addenda to all
planholders, to furnish all labor
and materials and perform all work for the construction of the following
described project:
Traffic Signal Cable Relocation
Citibus Downtown Transfer Plaza
After the expiration of the time and date above first written, said
sealed proposals will be opened by the Purchasing Buyer at his office
` and publicly read aloud.
It is the sole responsibility of the bidder to insure that his bid
is actually in the office of Ron Shuffield, Senior Purchasing Buyer for
the City of Lubbock, prior to the expiration of the date above first
p^ written.
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The City of Lubbock will consider the bids on the May- 13,1993,
at the Municipal Bldg., Lubbock, Texas, or as soon thereafter as may be
reasonably convenient, subject to the right to reject any or all bids
and waive any formalities. The successful bidder will be required to
furnish a performance bond and payment bond in accordance with Article
I' 5160, Vernon's Ann. Civil St., in the amount of 100% of the total
contract price in the event that said contract price exceeds'$25,000.00.
Said statutory bonds should be issued by a company carrying a current
Best Rating of B or superior, as the rating of the bond company is a
factor that will be considered in determination of the lowest
responsible bidder. If the contract price does not exceed $25,000.00
the said bonds will not be required.
Bidders are required, whether or not a payment or performance bond
is required, to submit a cashier's or certified check issued by a bank
r^ satisfactory to the City of Lubbock, or a proposal bond from a reliable
surety company, payable without recourse to the order of the City of
Lubbock in an amount not less than 5% of the total amount of the largest
r„ bid amount of this proposal submitted as a guarantee that bidder will
enter into a contract and execute all necessary bonds within 10 days
after notice of award of the contract to him.
It shall be each bidders sole responsibility to inspect the site
of the work and to inform himself regarding all local conditions under
which the work is to be done. It shall be understood and agreed that
�- all such factors have been thoroughly investigated and considered in the
preparation of the bid submitted.
The plans, specifications, proposal forms and contract documents
may be examined at the office of Purchasing Buyer for the City of
Lubbock, Texas and MWM Architects, Inc. 2574 74th Street, Suite 201,
Lubbock, Texas.
Attention of each bidder is particularly called to the schedule of
general prevailing rate of per diem wages included in the contract
documents on file in the office of the Purchasing Buyer of the City of
Lubbock, which document is specifically referred to in this notice to
bidders. Each bidder's attention is herein directed to provision of
the Davis -Bacon Act, and the requirements contained therein concerning
the above wage scale and payment by the contractor of the prevailing
rates of wages as heretofore established by the U.S. Department of Labor
in said wage scale.
The City of Lubbock hereby notifies all bidders that in regard to
any contract entered into pursuant to this advertisement, minority and
women business enterprises will be afforded equal opportunities to
submit bids in response to this invitation and will not be discriminated
on the grounds of race, color, sex, or national origin in consideration
for an award. Further, each bidder's attention is herein directed to
the Federal Transportation Administration (FTA) requirement that a
minimum of Five ( 5 ) Percent of the total amount of the Work shall be
supplied by minority, women and/or disadvantaged business enterprises.
There will be a pre -bid conference on April 8; 1993 at 10:00 AM,
CST, Conference Room #108, Municipal Building, 1625 13th Street.
CITY OF LUBBOCK
BY: Ron ShiMield
Senior Purchasing Buyer
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:. GENERAL INSTRUCTIONS TO BIDDERS
1. SCOPE OF WORK
The work to be done under the contract documents shall consist
of the following:
The contractor shall furnish all labor, superintendence,
machinery, equipment and all materials necessary to complete
this project in accordance with contract documents.
2. CONTRACT DOCUMENTS
All work covered by this contract shall be done in accordance
with contract documents described in the General Conditions.
All bidders shall be thoroughly familiar with all of the
requirements set forth on the contract documents for the
construction of this project and shall be responsible for the
satisfactory completion of all work contemplated by said
contract documents.
3. PLANS FOR USE BY BIDDERS
r„ It is the intent of the City of Lubbock that all _parties with
k an interest in submitting a bid on the project covered by the
contract documents be given a reasonable opportunity to
examine the documents and prepare a bid without charge of
forfeiture of deposit. The contract documents may be examined
without charge as noted in the Notice to Bidders.
r.. 4. TIME AND ORDER FOR COMPLETION
The bidder shall stipulate in his proposal the number of
consecutive calendar days from the date specified in the
Notice to Proceed issued by the City of Lubbock that it will
take him to fully complete the construction covered by the
contract documents.
5. PAYMENT
All payments due to Contractor shall be made in accordance
with the provisions of the General Conditions of the contract
documents.
6. AFFIDAVITS OF BILLS PAID
The City of Lubbock reserves the right, prior to final
�» acceptance of this project to irequire the Contractor to
execute an affidavit that all bills for labor, materials and
incidents incurred in the construction of the improvements
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contemplated by the contract documents ;have been paid in full
and that there are no claims pending, of which the Contractor
has been notified.
7. MATERIALS AND WORKMANSHIP
The intent of the contract documents is that only materials
and workmanship of the best quality and grade will be
furnished. The fact that the specifications may fail to be
sufficiently complete in some detail will not relieve the
Contractor of full responsibility for providing materials of
high quality and for protecting them adequately until
incorporated into the project. The presence or absence of a
representative of the City on the site will not relieve the
Contractor of full responsibility -of complying with this
provision. The specification for materials and methods set
forth in the contract documents provide minimum standards of
quality which the Owner believes necessary to procure a
satisfactory project.
S. GUARANTEES
All equipment and materials incorporated in the project and
all construction shall be guaranteed against defective
materials and workmanship. Prior to final acceptance, the
Contractor shall furnish to the Owner, a written general
guarantee which shall provide that the Contractor shall remedy
any defects in the work, and pay for any and all damages of
any nature whatsoever resulting in such defects, _when such
defects appear within ONE year from date of final acceptance
of the work as a result of defective materials or workmanship,
at no cost to the Owner (City of Lubbock).
9. PLANS FOR THE CONTRACTOR
The contractor will be furnished such copies of plans and
specifications, and related contract documents as are
reasonably necessary for his use during construction Plans
and specifications for use during construction will only be
furnished directly to the Contractor. The Contractor shall _
then distribute copies of plans and specification to
suppliers, subcontractors or others, as required for proper
prosecution of the work contemplated by the Contractor. y
10. PROTECTION OF THE WORK
The Contractor shall be responsible - for the care, —
preservation, conservation, and protection of all materials,
supplies, machinery equipment, tools, apparatus, accessories,
facilities, and all means of construction, and any and all —
parts of the work whether, the Contractor has been paid,
partially paid or not paid for such work, until the date'the
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City issues its certificate of completion to Contractor. The
City reserves the right, after the bids have been opened and.
before the contract has been awarded, to require of a bidder
the following information:
a. The experience record of the bidder showing
completed jobs of a similar nature to the one
covered by the proposed contract and all work in
progress with bond amounts and percentage completed.
b. A sworn statements of the current financial
. condition of the bidder.
C. Equipment schedule
11. TEXAS STATE SALES TAX
This contract is issued by an organization which qualifies for
exemption provisions pursuant to provisions of Article 20.04
of Texas Limited Sales, Excise and Use Tax Act.
The Contractor must obtain a limited sales, excise and use tax
�- permit which shall enable him to buy the materials to be
F incorporated into the work without paying the tax at the time
of purchase.
12. PROTECTION OF SUBSURFACE LINES AND STRUCTURES
It shall be the Contractor's responsibility to prosecute the
work contemplated by the contract documents in such a way as
to exercise due care to locate and prevent damage to all
underground pipelines, utility lines, conduits or other
underground structures which might or could be damaged by
Contractor during the construction of the project contemplated
by these contract documents. The City of Lubbock agrees that
it will furnish Contractor the location of all such
underground lines and utilities of which it has knowledge.
However, such fact shall not relieve the Contractor of his
responsibilities aforementioned. All such underground lines
or structures cut or damaged by Contractor during the
prosecution of the work contemplated by this contract shall
be repaired immediately by Contractor to the satisfaction of
the City of Lubbock, Texas, at Contractor's expense.
13. BARRICADES AND SAFETY MEASURES
The Contractor shall, at his own expense, furnish and erect
such barricades, fences, lights, and danger signals, and shall
take such other precautionary measures for the protection of
persons, property and the work as may be necessary.
The Contractor will be held responsible for all damage to the work
due to failure of barricades, signs, and lights to protect -it, and
when damage is incurred, the damaged portion shall be immediately
removed and replaced by Contractor at his own cost and expense.
The Contractor's responsibility for maintenance of barricades,
signs, and lights shall not cease until the date of issuance to
Contractor of City's certificate of acceptance of the project.
14. EXPLOSIVES
The use of explosives will not be permitted unless written
permission to do so is obtained by :the Contractor from the
City. In all cases where written permission is obtained for
the use of explosives, the Contractor shall assume full
responsibility for all damage which may occur as direct or
indirect result of the blasting. In addition; in all cases _
where explosives are authorized to be used, the Contractor
shall use utmost care so as not to endanger life or property
and the Contractor shall further use only such methods as are _
currently utilized by persons, firms, or corporations engaged
in similar type of construction activity.
Explosive materials shall not be stored or kept at the --
construction site by the Contractor.
In all cases where explosives are to be used during the
construction of the project contemplated by this contract, it
shall be the duty of the Contractor to notify each utility
company having structures (above or below the ground) in
proximity to the site of the work of Contractor's intention
to use explosives, and such notice shall be given sufficiently
in advance to enable the companies to take such steps as they
may deem necessary to protect their property from injury.
Such notice, however, shall not relieve the Contractor of
responsibility for any damage resulting ,from his blasting
operations.
15. CONTRACTOR'S REPRESENTATIVE
The successful bidder shall be required to have a responsible --
local representative available at all times while the work is
in progress under this contract. The 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.
16. INSURANCE
The contractor shall not commencework under this contract
until he has obtained all insurance as required in the General
Conditions of the contract documents, from an underwriter
authorized to do business in the State of Texas and
satisfactory to the City. Proof of coverage shall be
furnished to the City and written notice of cancellation or
any material change will be provided ten (10) days in advance
of cancellation or change. All policies shall obtain an
agreement on the part of the insurer waiving the right to
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subrogation.
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The insurance certificates furnished shall name the City and
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the Architects and his Consultants as an 'additional insured
and shall further state that all subcontractors are named as
additional insured, or in the alternative, shall be
accompanied by a statement from the Contractor to the effect
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that no work on this particular project shall be
subcontracted.
17. LABOR AND WORKING HOURS
Attention of each bidder is particularly called to the
schedule of general prevailing rate of per diem wages included
in these contract documents. The wage rate which must be paid
on this project shall not be less than specified in the
schedule of general prevailing rates of per diem wages as
above mentioned. The bidder's attention is further directed
to the requirements of the Davis - Bacon Act statutes
providing for the payment of the wage schedules above
mentioned and the bidder's obligations thereunder. The
inclusion of the schedule of general prevailing rate of per
diem wages in these contract documents does not release the
Contractor from compliance with any wage law that may be
applicable. Construction work under this contract requiring
an inspector will not be performed on weekends or holidays
unless the following conditions exist:
a. The project being constructed is essential to the
City of Lubbock's ability to provide the necessary
service to its citizens.
b. Delays in construction are due to factors outside
the control of Contractor. The Contractor is
approaching the penalty provisions of the contract
and Contractor can show he has made a diligent
effort to complete the contract within the allotted
time.
Before construction work requiring an inspector is to be
performed on weekends or holidays, the Contractor must notify
the Owner's Representative not less than three full working
days prior to the weekend or holiday he desires to do work and
obtain written permission from the Owner's Representative to
do such work. The final decision on whether to allow
construction work requiring an inspector on weekends or
holidays will be made by the Owner's Representative.
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In any event, if a condition should occur or arise at the site
of the project or from the work being done under this contract
which is hazardous or dangerous to property or life, the
Contractor shall immediately commence work, regardless of the
day of the week or the time of day, to correct or alleviate
such condition so that it is no longer dangerous to property
or life.
18. PAYMENT TO EMPLOYEES AND FILING OF PAYROLLS
The contractor and each of his subcontractors shall pay each
of his employees engaged in work on the project under this
contract in full (less mandatory legal deductions) in cash, —
or by check readily cashable without discount, not less often
than once a week. The Contractor and each of his
subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with
the Owner's Representative, a certified, sworn legible copy
of such payroll. This shall_ contain the name of each
employee, his classification, the number of hours worked on -
each day, rate of pay, and net of pay. The affidavit shall
state that the copy is a true and correct copy of such
payroll, that no rebates or deductions (except as shown) have
been made, or will in the future be made from the wages paid
as shown thereon. The Contractor must classify employees
according to one of the classifications set forth in the
schedule of general prevailing rate of per diem wages, which
schedule in the contract documents.
The Contractor shall forfeit as a penalty to the City of —
Lubbock on whose behalf this contract is made, ten dollars for
each laborer, workman, or mechanic employed for each calendar
day, or portion thereof, such laborer, workman or mechanic is
paid less than the wages assigned to his particular
classification as set forth in the schedule of general
prevailing rate of per diem wages included in these contract
documents.
19. PROVISIONS CONCERNING ESCALATOR CLAUSES
Proposals submitted containing any conditions which provide
for changes in the stated bid price due to increases or
decreases in the cost of materials, labor or other items
required for the project will be rejected and returned to the
bidder without being considered.
20. PREPARATION FOR PROPOSAL
The bidder shall submit his proposal on forms furnished by the
City. All blank spaces in the form shall be correctly filled _
in and the bidder _shall state the price both in words -and
numerals for which he .proposes to do the work contemplated
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or furnish the material required. Such prices shall be
written in ink, distinctly and legibly, or typewritten. In
case of discrepancy between the price written in words and the
price written in figures, the price written in words shall
govern. If the proposal is submitted by an individual, his
name must be signed by him or his duly authorized agent. If
a proposal is submitted by a firm, association, or
partnership, the name and address of each member must be given
and the proposal signed by a member of the firm, association
or partnership or person duly authorized. If the proposal is
submitted by a company or corporation, the company or
corporate name and business address must be given, and the
proposal signed by an official or duly authorized agent.
Powers of attorney authorizing agents or others to sign
proposals must be properly certified and must be in writing
and submitted with the proposal. The proposal shall be
executed in ink.
Each proposal shall be enclosed in a sealed envelope,
addressed as specified in the Notice to Bidders, and endorsed
on the outside of the envelope in the following manner:
a. Bidder's name
b. Proposal for (description of project)
Bid proposals may be withdrawn and resubmitted at any time
prior to the time set for opening of the bids, but no proposal
may be written or altered thereafter.
21. BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed
by bidder shall be bound and include the following:
a. Notice to Bidders
b. General Instructions to Bidders
C. Bidder's Proposal
d. Statutory Bond (if required)
e. Contract Agreement
f. General Conditions
g. Special Conditions
h. Plans
i. Specifications
j. Insurance Certificates
k. Addenda
1. All other documents made available to bidder for his
inspection in accordance with the Notice to Bidders.
If Plans and Specifications are too bulky or cumbersome to be
physically bound, they are to be considered incorporated by
reference into the aforementioned contract documents.
22. SOILS INVESTIGATION
A soils investigation report is available for the site of this
project, and may be examined at the office of'Purchasing Manager
of the City of Lubbbock and at the offices of the Architects or
Structural Engineers.
Bidders should visit the site and acquaint themselves with the
existing conditions. _
Prior to bidding, the bidders may make their own subsurface
investigations to satisfy themselves as to site and subsurface
conditions, but such investigations should be arranged in advance
with the Architect.
23. QUALITY ASSURANCE
A soils testing laboratory and a concrete testing laboratory will
be retained by the Owner to observe and test the work in connection
with excavating, trenching, filling, backfilling, grading and
concrete work.
This Contractor shall cooperate with the testing labs in providing --
timely notice and access to the work.
24. FEDERAL REGULATIONS
The bidders shall be advised that included in the Contract
Documents are applicable Federal Regulations - some contain text
and others included by reference. The Federal Regulations shall —
take precedence over and shall supercede any City or State
Regulation.
25. MINORITY, WOMEN AND/OR DISADVANTAGE BUSINESS PARTICIPATION
Each bidder's attention is herein directed to the Federal
Transportation Administration (FTA) requirement that a minimum of
Five (5) Percent of the total amount of the work shall be supplied
by minority, women, and or disadvantaged business enterprises.
26. TRENCH EXCAVATION
You are hereby respectfully notified that this contract involves
trenching more than five (5) feet deep and that the plans and
specifications for this contract includes detailed plans and
specifications for trench safety systems that meet Federal
Occupational Safety and Health Administration standards, and that
these plans and specifications must include a separate bid (pay)
item for these same trench safety systems. You are further
notified and advised that if you are the successful bidder and your _
bid is accepted, you will be responsible for and are required by
the execution of this contract to conduct a safety program for this
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trench system including, but not limited to, the designation of one
of your representatives at the job site to be in charge at all
times of the implementation and maintenance of the trench system
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safety program during the life of this Contract.
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BID FOR UNIT PRICE CONTRACTS
PLACE Downtown Transfer Plaza
DATE April 15, 1993
PROJECT NO. 1192-1
Proposal of Artex Electric Company _ (hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas
!� (hereinafter called Owner)
Gentlemen:
The Bidder, in compliance with your invitation for bids for the
construction of the
Traffic Signal Cable Relocation
Citibus Downtown Transfer Plaza
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
l including the availability of materials and labor, hereby proposes to
l furnish all labor, materials and supplies; and to construct the project
in accordance with the plans, specifications and contract documents,
within the time set forth therein and at the price to cover all
expenses incurred in performing the work required under the contract
documents, of which this proposal is to be a part of, is as follows:
P-
ITEM QUANTITY ITEM DISCRIPTION AND UNIT PRICE TOTAL
NO AND UNIT AMOUNT
1 LUMP SUM Install new approved 14-pair, 3 cable
r• overhead traffic signal control cable
in new location as indicated upon the
" traffic cable relocation plan to
replace existing 14-pair, 3 cable
overhead traffic signal control cable
as shown, installed, including all
splicing, junction boxes, testing and
acceptance by the City of Lubbock
Traffic Engineering Department, complete
in place, per lump sum
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MATERIALS: Six thousand Six Hundrpd DOLLARS($ &rng nn ) $
SERVICES: Five Thousand nine Hundrpd DOLLARS($ �) $�.�p0
TOTAL ITEM 1: Twenty ($ 1 9
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5g4 n(j) $ 32,59900
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ITEM QUANTITY ITEM DISCRIPTION AND UNIT PRICE
NO AND UNIT
2 LUMP SUM Install new 4-pair underground traffic
control cable and power cable in
location as shown on the plan to
replace the existing underground traffic
control cable that operates the traffic
signal at the Southeast corner of the
intersection of Broadway with Avenue H,
r., installed, including all splicing,
junction boxes, pull boxes, boring,
trenching and backfilling, testing and
acceptance by the City of Lubbock
Traffic Engineering Department,
complete in place., per lump sum.
r, MATERIALS: %1.G t OLLARS ( $ 9,608.0
SERVICES: DOLLARS ($ 5,889.00j
TOTAL ITEM 2: 4t. Y n ($15,497.Oq
3 LUMP SUM Remove existing overhead traffic
control cable from areas as
indicated after new cable is
installed, tested, placed into service
and accepted by the City of Lubbock
r., Traffic Engineering Department,
complete and in place, per lump sum
MATERIALS:' DOLLARS($ -0- )
SERVICES: b)u..,. DOLLARS($ 2,241.00)
TOTAL ITEM 2: ($ 2,241.0q
4 LUMP SUM Temporarily relocate existing overhead
traffic signal control as indicated on
the temporary relocation plan including
installation of 4-pair cable supplied
by City of Lubbock Traffic Engineering
Department, maintain all existing
services until work in Items 1 and 2 are
complete and in place, per lump sum
,.. MATERIALS: i; a,...-i.iDOLLARS ( $ 3,075.00
}
SERVICES: IL:-� 'fit_ ��y. - �DOLLARS($ 5,114.00 )
TOTAL ITEM 2: ($ „8,189.00 )
BID TOTALS
l
r
C
TOTAL
AMOUNT
$ 5:88MU
$ 15,497.00
$ - 0-
$ 2,241.00
$ 2,241.00
MATERIALS:..............................................51C).9
SERVICES:..............................................$19,1F4_nn
BIDTOTAL, ALL ITEMS: ................................... IP,456-nn
r
Amount shall be shown in both words and figures. In case of
■- discrepancy, the amount shown in words shall govern.
The undersigned acknowledges the receipt of Addendums Nos. —0 r to
the plans, specifications and contract documents.
The undersigned agrees and pledges to complete the entire work in
Forty -Five ( 45) consecutive calendar days after the issuance of a
Notice to Proceed by the City of Lubbock.
Bidder hereby agrees to commence the work on the above project on
r. or before a date to be specified in a written "Notice to Proceed" from
the Owner and to fully complete the project within the consecutive
calendar days thereafter as stipulated elsewhere in this proposal.
Bidder hereby further agrees to pay to Owner as liquidated damages the
sum of $100.00 for each consecutive calendar day in excess of the time
set forth hereinabove for completion of this project, all as more fully
set forth in the general conditions of the contract documents.
Bidder understands and agrees that this proposal shall be completed
and submitted in accordance with instruction number 20 of General
rInstructions to Bidders.
�+ Bidder understands that the Owner reserves the right to reject any
or all bids and to waive any formality in the bidding.
The bidder agrees that this bid shall be good and may not be
withdrawn for a period of forty-five (45) calendar days after the
scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site
of the work and has carefully examined the plans, specifications and
contract documents pertaining to the work covered by this bid, and he
further agrees to commence work on or before the date specified in the
written notice to proceed, and to substantially complete the work on
which he has bid; as provided in the contract documents.
Enclosed with this proposal is a Cashier's Check, Certified Check
or a Proposal Bond in the amount of five percent (5%) of the largest bid
amount of this proposal, which it is agreed, shall be collected and
retained by the Owner as liquidated damages in the event the proposal
is accepted by the Owner and the undersigned fails to execute the
necessary contract documents and the required bond with the Owner within
ten (10) days after the date of receipt of written notification of
acceptance of said proposal; otherwise, said check or bond shall be
returned to the undersigned upon demand.
Bidder understands and agrees that the contract to be executed by Bidder
shall be bound and include all contract documents made available to him
for his inspection in accordance with the Notice to Bidders.
ARTEX ELECTRIC COMPANY
Contractor
BY: �&�A
BURL D. BOURNS -OWNER
(Seal if Bidder is a Corporation)
ATTEST:
Secretary
LIST OF SUBCONTRACTORS
This form shall be completed and submitted with the Bidder's Proposal.
1.
2.
3.
4.
5.
6.
7.
S.
9.
10.
J1W 4tt---
Minority Owned
Yes No
C"
x
r
BUY AMERICA CERTIFICATE
The bidder hereby certifies that it will comply with the
requirements of section 165(a) of the Surface Transportation
.- Assistance Act of 1982 and the regulations in 49 CFR 661.
Date April 115 1993 /
Signature / A
Title Owner
or
7
The bidder hereby certifies that it cannot comply with the
requirements of Section 165(a) of the Surface Transportation Act
of 1982, but it may qualify for an exception to the requirement
pursuant to Section 165(b) of the Surface Transportation
Assistance Act and regulations at 49 CFR 661.7.
Date
Signature
Title
7
DEBARMENT AND SUSPENSION CERTIFICATE
The bidder hereby certifies that it will comply with the
r• requirements of the Department of Transportation regulations
f "Governmentwide Debarment and Suspension (Nonprocurement)" 49 CFR
Part 29.
Date
Signature
Title Qwnet^
or
The bidder hereby certifies that it cannot comply with the
requirements of the Department of Transportation regulations
r "Governmentwide Debarment and Suspension (Nonprocurement)11 pursuant
{ to 49 CFR Part 29.
r
Date
Signature
r
Title
r
7
r-
G
I
BOND NO. UP 1214631 9—
BID OR PROPOSAL BOND
KNOW ALL MEN BY THESE PRESENTS, that we
Artex Electric Company
as PRINCIPAL, (hereinafter called the Principal), and Indiana Lumbermens Mutual insurance Company
, a corporation duly organized under the State of Indiana and authorized to transact
a general surety business in the State of as SURETY, (hereinafter called the Surety), are held firmly bound unto:
City of Lubbock
as OBLIGEE, (hereinafter called the Obligee), in the sum equal to 5 % of the accompanying bid of the Principal, not,
however, in excess of TNRF.P. TiinttsANn ANT) UnJ1 nn____ dollars,
($ -4, nnn _ on ), for the payment of which sum well and truly to be made, the said Principal and the said Surety,
bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit to the
Obligee a proposal or bid, dated on or about the date mentioned below, for: (1) the performance of the designated work, or
(2) the furnishing of the specified goods, supplies or products, to -wit:
Traffic Signal Cable Relocation
Downtown Transfer Plaza
NOW, THEREFORE, if the Principal shall not legally withdraw said bid within or at the times permitted therefor, but shall
duly make and enter into a written contract with the Obligee, in accordance with the terms of said proposal or bid, or any
amendment thereof acceptable to the Principal, within the time permitted therefor after such contract forms are presented to
the Principal for execution, should the Obligee award the Principal the said work or contract, or any part thereof: and if the
Principal shall give bond or bonds for the faithful performance thereof, and/or for payment for labor and materials going
thereinto, as in the specifications or contracts provided: or if the Principal shall, in case of failure so to do, pay to the Obligee
the damages which the Obligee shall have actually suffered by reason of such failure, not exceeding the penal sum of this
bond, then this obligation shall be null and void, otherwise to be and remain in full force and virtue.
PROVIDED, HOWEVER, that no action shall lie, or claim be enforced hereunder, unless the award on the basis of said bid
shall have been made within thirty (30) days after the formal opening of said bid, or within the time specified within the bid
provisions, whichever time shall be greater, and unless the Obligee hereunder shall give notice to Surety of said award at the
time of notification to the Principal; and unless legal action to enforce any claim hereunder shall have been commenced
within six (6) months from the date of the formal opening of said bid.
PROVIDED, always, that this Bond shall not be valid and binding upon the Surety unless accompanied by a Certified Copy
of a Power of Attorney authorizing the undersigned Attorney•in•Fact to execute such a bond, the Serial Number upon which
Copy of Power of Attorney shall correspond with the Bond Number set out above.
Signed, sealed, and dated this 1 51h day ofApril 19 93
BY
Principal
BY
Laura Espinoza Attorney -in -Fact
PM
FORM 209-Ul
r \
p Indiana
i Lumbermens
uwws,race
LQt\G�wy
(
PRINCIPAL Artex Electric Company EFFECTIVE DATE
POWER OF ATTORNEY
4-15-93
3508 Ave J Lubbock, Tx.79412
(STREET ADDRESS) (CITY) (STATE) (ZIP CODE)
CONTRACT AMOUNT $60,000 AMOUNT OF BOND $
POWER NO.
3,000
SBP 12145319
KNOW ALL MEN BY THESE PRESENTS, that the Indiana Lumbermens Mutual Insurance Company, a Corporation duly organized and
existing under the laws of the State of Indiana, with its principal office in the City of Indianapolis, Indiana, does hereby make, constitute
and appoint
La»* -a Fg ian7.a State of TPXAS
r' as its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute, acknowledge and deliver any
l and all Bonds and undertakings, recognizances, contracts of indemnity, and other writings obligatory in the nature thereof for and on
its behalf as follows:
The obligation of the Company shall not exceed one million (S1.000.000.00) dollars.
And to bind the Corporation thereby as fully and to the same extent as if such Bonds and undertakings, recognizances, contract of
indemnity, and other writings obligatory in the nature thereof were signed by the President, sealed and duly attested by the Secretary
of the Corporation, hereby ratifying and confirming all that the said Aftorney(s)-in- Fact may do in the premises. This Power of Attorney
is executed and may be revoked pursuant to and by authority granted by Article IV, Section 2-A (1) and (2) of the By -Laws of the
Indiana Lumbermens Mutual Insurance Company, which reads as follows:
(1) The President or any Vice President shall have the power and authority, by and with the concurrence with the Secretary of the
Corporation, to appoint Attorneys -in -Fact for purposes only of executing and attesting to Bonds and undertakings,
recognizances, contracts of Indemnity, and other writings obligatory in the nature thereof, and at any time to remove any such
Attorney -in -Fact and to revoke the power and authority given to him.
(2) Attorneys -in -Fact when so appointed shall have power and authority, subject to the terms and limitations of the Powers of
Attorney issued to them, to execute and deliver on behalf of the Corporation any and all Bonds and undenakings,
recognizances, contracts of indemnity, and other writings obligatory in the nature thereof, and such instrument executed by
any such Attorney -in -Fact shall be as binding upon the Corporation as if signed by an Executive Officer and sealed and
attested by the Secretary.
IN WITNESS WHEREOF, the Indiana Lumbermens Mutual Insurance Company has caused these presents to be signed by its Vice
r.. President, attested by its Secretary and its Corporate Seal to be hereto affixed this FIRST day of JUNE 19 g2
ATTEST: Indiana Lumbermens Mutual Insurance Company
By By
r. Secretary Vice President
STATE OF INDIANA SS:
COUNTY OF MARION
+" On this FIRST day of JUNE 19 92 , before me personally came
the individual who executed the preceding instrument, to me known, who being by me duly sworn, acknowledged the execution of the
l above instrument and did depose and say; that he is the therein described and authorized officer of the Indiana Lumbermens Mutual
Insurance Company; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that
it was so affixed by order of the Board of Directors of said Corporation; and that he signed his name thereto by like order.
tiP e9
/D /99f1 0. ___ ` Ir
1 „ a tau
My ommissionExpires Z: � `i ^otary Public
STATE OF INDIANA SS.. �NO.'pNV
COUNTY OF MARION—w~
r
I, the undersigned, Secretary of the Indiana Lumbermens Mutual Insurance Company, do hereby certify that the above
and foregoing is a true and correct copy of a Power of Attorney, executed by said Indiana Lumbermens Mutual
Insurance Company, which is still in force and effect.
This Certificate may be signed and sealed by facsimile under and by the authority of the following resolution of the Board of Directors of
Indiana Lumbermens Mutual Insurance Company at a meeting duly called and held on the 12th day of June 1973.
"RESOLVED: That the use of printed facsimile of the Corporate Seal of the Company and of the signature of the Secretary on
any certification of the correctness of a copy of an instrument executed by the President or a Vice President pursuant to Article
IV, Section 2-A (1) and (2) of the By -Laws appointing and authorizing Attorney -In -Fact to sign in the name and on behalf of the
Company Bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof,
with like effect as if such seal and such signature had been manually affixed and made, hereby is authorized and approved."
In witness whereof, I have hereunto set my hand and affixed the seat of said Corporation, this
day of Apri 1 19 93.
15th
.-� (SEAL)
� G.J
cam 25]
Secretary
STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUES OF TEXAS
AS AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION,
1959
KNOW ALL MEN BY THESE PRESENTS, that (hereinafter
called the Principal(s), as Principal(s), and
(hereinafter called the Surety(s), as Surety(s), are held and firmly
bound unto the City of Lubbock (hereinafter called the Obligee), in the
amount of Dollars ($ ) lawful money of
the United States for the payment whereof, the said Principal and Surety
bind themselves, and their heirs, administrators, executors, successors
and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract
with the Obligee, dated the day of , 19 , to
CONSTRUCT THE TRAFFIC SIGNAL CABLE RELOCATION for the CITIBUS DOWNTOWN
TRANSFER FACILITY as shown in the Plans, Specifications and Contract
Documents
and said Principal under the law is required before commencing the work
provided for in said contract to execute a bond in the amount of said
contract which contract is hereby referred to and made a part hereof as
fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if
the said Principal shall pay all claimants supplying labor and material
to him or a sub -contractor in the prosecution of the work provided for
in said contract, then, this obligation shall be void; otherwise to
remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to .the
provisions of Article 5160 of the Revised Civil Statutes of Texas as
amended by Acts of the 56th Legislature, Regular Session, 1959, and all
liabilities on this bond shall be determined in accordance with the
provisions of said Article to the same extent as if it were copied at
length herein.
i
I
IN WITNESS WHEREOF, the said Principals) and Surety(s) have signed
and sealed this instrument this day of 19
Surety
Principal
*By:
(Title)
By:
(Title)
By:
(Title)
By:
(Title)
The undersigned surety company represents that if is duly qualified
to do business in Texas, and hereby designates an
agent resident in Lubbock County to whom any requisite notices may be
delivered and on whom service of process may be had in matters arising
out of such suretyship.
Surety
*By:
(Title)
Approved as to form:
City of Lubbock
By:
City Attorney
*Note: If signed by an officer of the Surety Company there must be on
file a certified extract from the by-laws showing that this person has
authority to sign such obligation. If signed by an Attorney in Fact,
we must have a copy of power of attorney for our files.
re-
r
CERTIFICATE OF INSURANCE
TO: CITY OF LUBBOCK DATE:
Lubbock, Texas Type of
r, Project:
t„
r THIS IS TO CERTIFY THAT (Name and Address
j of Insured) is, at the date of this certificate, insured by the Company
with respect to the business operations hereinafter described, for the
types of insurance and in accordance with the provisions of the standard
r` policies used by this Company, the further hereinafter described.
Exceptions to standard policy noted hereon.
TYPE OF INSURANCE
Policy No. Effective Expires Limits of Liability
Workmen's
Compensation
Owner's Protec-
Per Person
$
tive or Contin-
Per Occurrence
$
gent Liability
----------------------------------------------------------------------
Property Damage
$
Contractor's
Per Person
$
Protective or
Per Occurrence
$
Contingent
Property Damage
$
Liability
----------------------------------------------------------------------
Per Person
$
Automobile
Per Occurrence
$
----------------------------------------------------------------------
Property Damage
$
Comprehensive
General Liability
$
Umbrella Liability $
-------------------------------------------------------------
The foregoing Policies (do)
Locations Covered
DESCRIPTION of Operations Covered
(do not) cover all sub -contractors.
r
The above policies either in the body thereof or by appropriate
endorsement provide that they may not be charged or canceled by the
insurer in less than the legal time required after the insured has
received written notice of such change or cancellation, or in -case there
is no legal requirement, in less than five days in advance of
cancellation.
FIVE COPIES OF THIS CERTIFICATE
MUST BE SENT TO THE OWNER (Name of Insurer)
By:
Title
r
'I
_ j
STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160
OF THE REYISED CIYIL STATUTES OF TEXAS AS
AMENDED BY
ACTS OF THE 56TH LEGISLATURE, R-EGULAR SESSION, 1959
(McGREGOR ACT — PUBLIC WORKS)
(Penalty of this Bond must be 100%of Contract Amount)
KNOW ALL MEN BY THESE PRESENTS, That
Burl D. Bourns dba Artex Electric Cnmpany
(hereinafter called the Principal), as Principal, and Indiana Lumbermens Mutual Insurance Company
1 (hereinafter called the Surety), as,Surety, are held and firmly bound unto
City of Lubbock
(hereinafter called the Obligee), in the amount of THIRTY EIGHT THOUSAND FOUR HUNDRED FIFTY
SIX AND NO/100----------- DOLLARS ($ 38,456.00 ) for the payment
whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and
r assigns, jointly and severally, firmly by these presents.
f WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 24th
I
day of June 19 _33_ , to
Bid #12540-Traffic Signal Cable Relocation - Citibus
7
which contract is hereby referred to and made a part hereof as fully and to the some extent as if copied of length
herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faith-
fully perform the work in accordance with the plans, specifications and contract documents, then this obligation
shall be void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised
Civil Statutes of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, and all liabilities on
this bond shall be determined in accordance with the provisions of said article to the some extent as if it were
copied at length herein.
IN WITNESS WHEREOF, tiie said Principal and Surety have signed and sealed this instrument this 24111
day of r1unp 19 _93_ _.
BOND CHEAT
BEST RATING '4
LICENSED IN 1
--.......1Vll
Burl D. Bourns dba Artex Electric Company
Principal
BDU-2838 ED. 7-71 (TEXAS)
By Laura Espinoza Fact Atfarn�r•in-
.-
STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS AS
AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION, 1959
(McGREGOR ACT - PUBLIC WORKS)
(Penalty of this Bond must be 100 a of Contract Amount)
KNOW ALL MEN BY THESE PRESENTS, That
(hereinafter called the Principal), as Principal, and Indiana Lumbermens Mutual Insurance -.Company
(hereinafter called the Surety), as Surety, are held and firmly bound unto
City of Lubbock
(hereinafter called the Obligee), in the amount of THIRTY EIGHT THOUSAND'- FOUR HUNDRED FIFTY
SIX AND NO/100--- DOLLARS ($ 38,456.00 ) 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 Jiine , 19 _ 53_ , to
Bid #12540-Traffic Signal Cable Relocation - Citibus
which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length
herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay
all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in
said contract, then this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised
Civil Statutes of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, and all liabilities on
this bond shall be determined in accordance with the provisions of said article to the some extent as if it were
copied at length herein.
IN WITNESS WHEREOF, toe said Principal and Surety have signed and sealed this instrument this 24tb
day of June , 19 93 .
SM RATING
UCBSED IN TEXAS
Burl D. Bourns dba Artex Electric Company
Principal
BDU-2838A Ed. /87 (Texas)
By (;�.t.�.✓
Laura Espinoza Attorney-in-Focr
UUIZ99-000
Indiana
�- Lumbermens POWER OF ATTORNEY
►QU P Mgerente
PRINCIPAL Burl n Rourne dba Artex E1 ertriC-
_rnm an- n -- EFFECTIVE DATE dune 24, 1993
350A UP J Luhhork, TX_ 79412
(STREET ADDRESS) (CITY) (STATE) (ZIP CODE)
CONTRACT AMOUNT t38.496 00 AMOUNT OF BOND $ _ 38, 456.00
POWER No. S B P 12148402
KNOW ALL MEN BY THESE PRESENTS that the Indiana Lumbermens Mutual Insurance Company, a Corporation duty organized and
existing under the laws of the State of Indiana, with its principal office in the City of Indianapolis, Indiana, does hereby make, constitute
and appoint
Laura F-; i noza State of Texas
as its true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute, acknowledge and deliver any
and all Bonds and undertakings, recognizances, contracts of indemnity, and other writings obligatory in the nature thereof for and on
its behalf as follows:
The obligation of the Company shall not exceed one million ($1,000,000.00) dollars.
And to bind the Corporation thereby as fully and to the same extent as if such Bonds and undertakings, recognizances, contract of
indemnity, and other writings obligatory in the nature thereof were signed b the President, sealed and duty attested by the Secretary
of the Corporation, hereby ratifying and confirming all that the said Aftorneyrs)-in-Fact may do in the premises. This Power of Attorney
is executed and may be revoked pursuant to and by authority granted by Article. IV, Section 2-A (1)i and (2) of the By -Laws of the
Indiana Lumbermens Mutual Insurance Company, which reads as follows:
(1) The President or any Vice President shall have the power and authority, by and with the concurrence with the Secretary of the
Corporation, to appoint Attorneys -in -Fact for purposes only of executing and attesting to Bonds and undertakings,
recognizances, contracts of indemnity, and other writings obligatory in the nature thereof, and at any time to remove any such
Attomey-in-Fact and to revoke the power and authority given to him.
(2) Attorneys -in -Fact when so appointed shall have power and authority, subject to the terms and limitations of the Powers of
Attorney issued to them, to execute and deliver on behalf of the Corporation any and all Bonds and undertakings,
recognizances, contracts of indemnity, and other writings obligatory in the nature thereof, and such instrument executed by
any such Attorney -in -Fact shall be as binding upon the Corporation as if signed by an Executive Officer and sealed and
attested by the Secretary.
IN WITNESS WHEREOF, the Indiana Lumbermens Mutual Insurance Company has caused these presents to be signed by its Vice
President, attested by its Secretary and its Corporate Seal to be hereto affixed this FIRST _ day of JUNE 1992.
ATTEST: Indiana Lumbermens Mutual Insurance Company
By , W By ^} r )
i STATE OF INDIANA Secretary Vic;President
now COUNTY OF MARION ( SS:
On this FIRST day of JUNE 19 92 before me personally came
the individual who executed the preceding instrument, to me known, who being by me duly swom, acknowledged the execution of the
above instrument and did depose and say; that he is the therein described and authorized officer of the Indiana Lumbermens Mutual
Insurance Company; that he knows the seal of said Corporation; that the seat affixed to the said instrument is such corporate seal; that
it was so affixed by order of the Board of Directors of said Corporation; and that he signed his name thereto by lice order.
If 11
4�e ZV f_�l - __:
My ommission Expires �'i^ otary Public
#'.• --- Jet
STATE OF INDIANA ss �'VCjAap
COUNTY OF MARION
I, the undersigned, Secretary of the Indiana Lumbermens Mutual Insurance Company, do hereby certify that the above
and foregoing is a true and correct copy of a Power of Attorney, executed by said Indiana Lumbermens Mutual
Insurance Company, which is stilt in force and effect.
I This Certificate may be signed and sealed by facsimile under and by the authority of the following resolution of the Board of Directors of
E Indiana Lumbermens Mutual Insurance Company at a meeting duly called and held on the 12th day of June 1973.
"RESOLVED: That the use of printed facsimile of the Corporate Seal of the Company and of the signature of the Secretary on
any certification of the correctness of a copy of an instrument executed by the President or a Vice President pursuant to Article
IV, Section 2-A (1) and (2) of the By -Laws appointing and authorizing Attomey-in-Fact to sign in tha name and on behalf of the
Company Bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof
with like effect as if such seal and such signature had been manually affixed and made, hereby is authorized and approved.'i
In witness whereof, I have hereunto set my hand and affixed the seal of said Corporation, this 24th
day of June 19 93•
(st:AL)
Form 253
r Secretary
4
i11', 1 _L_ a
F
A0:4'1,19. CERTIFICATE OF INS
PRODUCER
Boley Fuaatherston Insurance
F. 0. Di awer 10
Wichita Falls TX 76307
URAN/�E ISSUE DATE (MMIDDJYY)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY
LETTER A U I l UM I NUUcS i N-SUIRANCE COMPANY
COMPANY
INSURED LETTER B 1 EXAS WURI`L C:UMF• INSURANCE FUND
COMPANY G.
LETTER
COMPANY
AR EX ELECTRIC CO LETTER D
3508 AVENUE J COMPANY E
1 r -r-v -Te A . •n LETTER
f"
COVERAGES ;
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE
POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED
BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN
MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO:;
LTR
TYPE OF INSURANCE POLICY NUMBER
POLICY EFFECTIVE POLICY EXPIRATION LIMITS
DATE (MM/DD/YY) DATE (MM/DD/YY)
GENERAL LIABILITY
GENERAL AGGREGATE
$1 i Qrjo, [ )(-i(_t
A
X ' COMMERCIAL GENERAL LIABILITY ; BINDER # 8225
06 / 15/ 93 06 / 15 / 94 PRODUCTS-COMP/OP AGG.
$1 , Ulil.}, Q00
CLAIMS MADE X OCCUR.
PERSONAL & ADV. INJURY
45OoSoo()
OWNER'S & CONTRACTOR'S PROT.
EACH OCCURRENCE
45001 000
FIRE DAMAGE (Any one fire)
450, Q00
I
MED. EXPENSE (Any one person) 35 11 C)OC-)
AUTOMOBILE LIABILITY
COMBINED SINGLE
E
A
ANY AUTO BINDER #SL26
06/15/93 06/15/94 LIMIT _
ALL OWNED AUTOS
BODILY INJURY
$
x SCHEDULED AUTOS
(Per person)
250, 000
P�
X HIRED AUTOS
BODILY INJURY
3
X NON -OWNED AUTOS
(Per accident)
r
500, 00c)
GARAGE LIABILITY
PROPERTY DAMAGE
i
10U UC)u
EXCESS LIABILITY
EACH OCCURRENCE
S
7
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
AGGREGATE
i
WORKER'S COMPENSATION
B AND
EMPLOYERS' LIABILITY
OTHER
STATUTORY LIMITS
TSF 103969 10/01 / •_:�2 1 V / 01 / DS EACH ACCIDENT Si 0,0, ut o
DISEASE —POLICY LIMIT 4500, 009
DISEASE —EACH EMPLOYEE $1 (710 _ 0(7)0
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
TRAF'F I I_' :1 I GNAT_ ;'ABL` RELOCA M JN
CERTIFICATE HOLDER
Cl TY Of- LUDBOt=i:;
PUkCHA i NC; AGENT
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r• � �,� : roc=)
ACORD 25-S
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL I_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL' IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
u1jLL 1
CACORD CORPORATION 1990
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CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK �%
THIS AGREEMENT, made and entered into this by and between the City of Lubbock, County of Lubbock,
State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred to as
OWNER, and ARTEX ELECTRIC COMPANY of the City of-W0LfFORTH and the State of TEXAS, hereinafter termed CONTRACTOR.
Ab-hbOu—v
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed
by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees
with OWNER to commence and complete the construction of certain improvements described as follows:
BID 012540 - TRAFFIC SIGNAL CABLE RELOCATION - CITIBUS
and all extra work a in connection therewith, underthe terms as stated in the contract documents and at his (or their) own
proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance
and other accessories and services necessary to complete the said construction in accordance with the contract documents as
defined in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been
given to him and to substantially complete same within FOURTY-FIVE (45) consecutive calendar days.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the
proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment
on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents 7aveexecuted i reemen ock, Lubbock`County,^Texas in the
year and day first above written.
TEST: ` , /n TT FrL K TE (OWN ER RI /1
Secretar
APPROVEP, AS TO CONT NT:
rAPPROVED AS TO F M:
I
ATTEST:
r Corporate Secretary
ARTEX ELECTRIC COMPANY
TITLE: U1f.V7lkh
COMPLETE ADDRESS:
3 S
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GENERAL CONDITIONS OF THE AGREEMENT
1. OWNER
Whenever the word Owner, or the expression of the First Part,
or First Party, are used in this contract, it shall be
understood as referring to the City of Lubbock, Texas.
2. CONTRACTOR
Whenever the word Contractor, or the expression Party of the
Second Part, or Second Party, is used, it shall be understood
to mean the person, persons, co -partnership or corporation,
r- to -wit: ARTEX ELECTRIC COMPANY , who has agreed to perform the
i work embraced in this contract, or to his or their legal
representative.
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3. OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative is used in this
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contract, it shall be understood as referring to John Wilson,
General Manager of Citibus, City of Lubbock, under whose
supervision these contract documents, including the plans and
specifications, were prepared, and who will inspect
constructions; or to such other representative, supervisor,
or inspector as may be authorized by said owner to act in any
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particular under this agreement. Engineers, supervisor, or
inspectors will act for the Owner under the direction of
Owner's Representative, but shall not directly supervise the
Contractor or men acting in behalf of the Contractor.
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4. CONTRACT DOCUMENTS
The contract documents shall consist of the Notice to Bidders,
General Instructions to Bidders, Proposal, Signed Agreement,
Statutory Bonds (if required), General Conditions of the
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Agreement, Special Conditions of the Agreement (if any),
Specifications, Plans, Insurance Certificate, and all other
documents made available to Bidder for his inspection in
accordance with the Notice to Bidders.
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5. INTERPRETATION OF PHRASES
r- Whenever the words "Directed," "Permitted," "Designated,"
i "Required," "Considered Necessary," "Prescribed," or words of
like import are used, it shall be understood that the
direction, requirement, permission, order, designation, or
prescription of the Owner's Representative is intended; and
similarly the words "Approved," "Acceptable," "Satisfactory,"
or words of like import shall mean approved by or acceptable
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or words of like import shall mean approved by or acceptable
or satisfactory to the Owner's Representative.
Whenever in the Specifications or drawings accompany this
agreement, the terms of description of various qualities
relative to finish, workmanship, or other qualities of similar
kind which cannot, from their nature, be specifically and
clearly described and specified, but are necessarily described
in general terms, the fulfillment of said Specifications shall
be decided by the Owner's Representative, and said work shall
be done in accordance with his interpretations of the meaning
of the words, terms, or clauses defining the character of
the work.
[� 6. SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only
those having a direct contract with the Contractor for
performance of work on the project contemplated by these
contract documents. owner shall have no responsibility to any
Subcontractor employed by Contractor for performance of work
on the project contemplated by these contract documents, but
said Subcontractors will look exclusively to Contractor for
any payments due Subcontractor.
7. WRITTEN NOTICE
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.
S. WORK
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
satisfactory evidence as to the kind and quality of materials.
Materials or work described in words which so applied have
r' well known, technical or trade meaning shall be held to refer
such recognized standards.
All work shall be done and all material furnished in strict
conformity with the contract documents.
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9. SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the structure
or project contemplated by the contract documents has been
made suitable for use or occupancy or the facility is in a
condition to serve its intended purpose, but still may require
minor miscellaneous work and adjustment.
10. LAYOUT
Except as specifically provided herein, the Contractor shall
be responsible for laying out all work and shall accomplish
this work in a manner acceptable to the Owner's
Representative. The Owner's Representative will check the
Contractor's layout of all major structures and any other
layout work done by the Contractor at Contractor's request,
but this check does not relieve the Contractor of the
responsibility of correctly locating all work in accordance
with the Plans and Specifications.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
j The Contractor shall be furnished with one copies of all
Plans, Profiles, and Specifications without expense to him and
r.. he shall keep one copy of same consistently accessible on the
d job site.
12. RIGHT OF ENTRY
The Owner's Representative may make periodic visits to the
site to observe the progress of quality of the executed work
and to determine, in general, if the work is proceeding in
accordance with the contract documents. He will not be
required to make exhaustive or continuous on -site inspections
to check the quality or quantity of the work, nor will he be
responsible for the construction means, methods, techniques,
sequences, or procedures, or the safety precautions incident
thereto. His efforts will be directed towards providing
assurances for the Owner that the completed project will
conform to the requirements of the contract documents, but he
will not be responsible for the 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 guard the Owner against defects and deficiencies in the
work of the Contractor.
13. LINES AND GRADES
All lines and grades shall be furnished by the Owner's
Representative whenever necessary for the commencement of the
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work contemplated by these contract documents or the
completion of the work contemplated by these contract
documents. Whenever necessary, Contractor shall suspend his
work in order to permit Owner's Representative to comply with
this requirement, but such suspension will be as brief as
practical and Contractor shall give the Owner's Representative _
ample notice of the time and place where lines and grades will
be needed. All stakes, marks, etc. shall be carefully
preserved by the Contractor, and in case of careless
destruction or removal by him, his subcontractors, or his
employee, such stakes, marks, etc., shall be replaced by the
Owner's Representative at Contractor's_ expense.
14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the
parties to this agreement that the Owner's Representative
shall review all work included herein. He has the authority
to stop the work whenever such stoppage may be necessary to
insure the proper execution of the contract. In order to
permit delays and disputes to discourage litigation it is
further agreed that the Owner's Representative shall, in all,
cases, decide every question which may arise relative to the
execution of this contract -on the part of said Contractor.
The Owner's Representative estimates and findings shall be
conditions precedent to the right of the parties hereto to
arbitration or to any action on the contract, and to any
rights of the Contractor to receive any money under this
contract; provided, however, that should Owner's
Representative render any decision or give any direction,
which in the opinion of either party hereto is not in
accordance with the meaning and intent of this contract, 1
either partly may file with said Owner's Representative within
30 days his written objection to the decision or direction so
rendered, and by such action may reserve the right to submit
the questions so raised to arbitration as hereinafter
provided. It is the intent of this Agreement that there shall
be no delay in the execution of the work, therefore, written
decisions or direction of the Owner's Representative as
rendered shall be promptly carried out, and any claim arising
therefrom shall be thereafter adjusted to arbitration as
hereinafter provided.
The Owner's Representative shall, within a reasonable time,
render and deliver to -both the Owner and the Contractor a
written decision on all claims of the parties hereto and on
all questions which may arise relative to the execution of the
work or the interpretation of the contract, specifications,
and plans. Should the Owner's Representative fail to make such .-
decision within a reasonable time, an appeal to arbitration
may be taken as if his decision had been rendered against
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the party appealing.
15. SSUPERINTENDENCE AND INSPECTION
It is agreed by the Contractor that the Owner's Representative
shall be and is hereby authorized to appoint from time to time
such subordinate engineers, supervisors, or inspectors, as the
said Owner's Representative may deem proper to inspect the
materials furnished and the work done under this Agreement,
and to see that said material is furnished and said work is
done in accordance with the specifications therefore. The
Contractor shall furnish all reasonable aid and assistance
required by the subordinate engineers, supervisors or
inspectors for the proper inspection and examination of the
work. The Contractor shall regard and obey the: directions and
instructions of any subordinate engineers, supervisors or
inspectors so appointed, when such directions and instructions
are consistent with the obligations of this Agreement and
accompanying plans and specifications provided, however,
should the Contractor object to any orders by any subordinate
engineer, supervisor or inspector, the Contractor may within
six (6) days make written appeal to the Owner's Representative
for his decision.
16. CONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful
prosecution and completion of this contract and shall keep on
the work, during its progress, a competent superintendent and
any necessary assistants, all satisfactory to Owner's
Representative. The superintendent shall represent the
contractor in his absence and all directions given to him
shall be binding as if given to the Contractor. Adequate
supervision by competent and reasonable representatives of the
Contractor is essential to the proper performance of the work
and lack of such supervision shall be grounds for suspending
operations of the Contractor.
The work, from its commencement to completion, shall be under
the exclusive charge and control of the Contractor and all
risk in connection therewith shall be borne by the Contractor.
The Owner or Owner's Representatives will not be responsible
for the acts or omissions of the Contractor, or any
subcontractors, or any of his agents or employees, or any
other persons performing any of the work.
17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by
careful examination, satisfied himself as to the nature and
location of the work, the confirmation of the ground, the
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character, quality, and quantity of materials to be
encountered, the character of equipment and facilities needed
preliminary to and during the prosecution of the work, and the
general and local conditions, and all other matters which in
any way effect the work under this contract. No verbal
agreement or conversation with any officer, agent, or employee
of the Owner, either before or after the execution of this
contract, shall effect or modify any of the terms or
obligations herein contained.
18. CHARACTER OF WORKMEN
The Contractor agrees to employ only orderly and competent
men, skillful in the performance in the type of work required
under this contract, to do the work; and agrees that whenever
the owners's Representative shall inform him in writing that
any man or men on the work, are, in his opinion, incompetent,
unfaithful, or disorderly, such man or men,shall be discharged
from the work and shall not again be employed on the work
` without the Owner's Representative written consent.
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment,
machinery and materials necessary in the prosecution and
completion of this contract where it is not otherwise
specifically provided that owner shall furnish same, and it
is also understood that Owner shall not be held responsible
for the care, preservation, conservation, or protection of any
materials, tools, equipment or machinery or any part of the
work until it is finally completed and accepted.
The building of structures for the housing of men or equipment
will be permitted only at such places as the owner's
.Representative shall direct, and the sanitary conditions of
the grounds in or about such structure shall at all times be
maintained in a manner satisfactory to the. Owner's
Representative.
20. SANITATION
Necessary sanity conveniences for
work site, properly secluded from
be 'constructed and maintained by
manner and at such points as shall
Representative and their use shall
21. OBSERVATION AND TESTING
the use of laborers on the
public observation, shall
the Contractor in such a
be approved by the Owner's
be strictly enforced.
The Owner or Owner's Representative shall have the right at
all reasonable times to observe and test the work. Contractor
shall make necessary arrangements and provide proper
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facilities and access for such observation and testing at any
location wherever work is in preparation or ',progress.
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Contractor shall ascertain the scope of any observation which
may be contemplated by Owner or Owner's Representative and
shall give ample notice as to the time each part of the work
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will be ready for such observation. owner or Owner's
Representative may reject any work found to be defective or
not in accordance with the contract documents, regardless of
the stage of its completion or the time or place of discovery
of such errors and regardless of whether Owner's Observer has
previously accepted the work through oversight or otherwise.
If any work should be covered without approval or consent of
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the Owner, it must, if requested by Owner or Owner's
Representative, be uncovered for examination at Contractor's
expense. In the event that any part of the work is being
fabricated or manufactured at a location where it is not
convenient for Owner or Owner's Representative to make
observations of such work or require testing of said work,
then is such event of Owner or Owner's Representative may
require Contractor to furnish owner or Owner's Representative
certificates of inspection, testing or approval made by
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persons competent to perform such tasks at the location where
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that part of the work is being manufactured or fabricated. All
such tests will be in accordance with the methods prescribed
by the American Society for Testing and Materials or such
other applicable organization as may be required by law or the
contract documents.
If any work which is required to be inspected, tested, or
r approved is covered up without written approval or consent of
the Owner or Owner's Representative, it must, if requested by
the Owner or Owner's Representative, be uncovered for
observation and testing at the Contractor's expense. The cost
j of all such inspections, tests and approvals shall be borne
by the Contractor unless otherwise provided herein. Any work
r++ which fails to meet the requirements of any such tests,
inspections or approval, and any work which meets the
requirements of any such tests or approval but does not meet
r the requirements of the contract documents shall be considered
k defective. Such defective work shall be corrected at the
Contractor's expense.
Neither observations by the Owner or Owner's Representative,
nor inspections, tests, or approvals made by. Owner, Owner's
Representative, or other persons authorized under this
agreement to make such inspections, tests, or approvals shall
relieve the Contractor from his obligation to perform the work
in accordance with the requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is further agreed that if the work or any part thereof, or
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any material brought on the site of the work for use in the
work or selected for the same, shall be deemed by the Owner
or Owner's Representative as unsuitable or not in conformity
with plans, specification and contract documents, the
Contractor shall, after receipt of written notice thereof from
the Owner's Representative, forewith remove such material and
rebuild or otherwise remedy such work so that it shall be in
full accordance with this contract. It is further agreed that
any remedial action contemplated as hereinabove set forth
shall be at Contractor's expense.
23. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such
changes and alterations as the Owner may see fit, in the line,
grade, form dimensions, plans, or materials for the work
herein contemplated, or any part thereof, either before or
after the beginning of the construction, without affecting the
validity of this contract and the accompanying bond.
If.such changes or alterations diminish the quantity of the
work to be done, they shall not constitute the basis for a
claim for damages, or anticipated profits on the work that
may, be dispensed with. If they increase the amount of work,
and the increased work can fairly be classified under the
specifications, such increase shall be paid according to the
quantity actually done and at the unit price established for `
such work under this contract; otherwise such additional work
shall be paid for as provided under Extra Work. In case the
Owner shall make such changes or alterations as shall make
useless any work already done or material already furnished
or used in said work, then the Owner shall recompense the
Contractor for any material or labor so used, and for any _.
actual loss occasioned by such change, due to actual expenses
incurred in preparation for the work as originally planned.
24 EXTRA WORK
The term "extra work" as used in this contract shall be
understood to mean and include all work that may be required
by the Owner or Owner's Representative to be done by the
Contractor to accomplish any change, alteration or addition
to the work as shown on the plans and specifications or
contract documents and not covered by Contractor's proposal,
except as provided under Changes and Alterations herein.
It is agreed that the Contractor shall perform all extra work `-
under the direction of the Owner's Representative; subject,
however, to the right of the Contractor to require written
confirmation of such extra work order by the Owner. It is
also agreed that the compensation to be paid to the Contractor
for performing said extra work shall be determined by the
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following methods:
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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
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and laborers, materials, supplies, teams, trucks, rentals on
machinery and necessarily incurred, together with all expenses
incurred directly on account of such extra work, including
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Social Security, Old Age Benefits, Maintenance Bonds, Public
Liability and Property Damage and Workmen's Compensation and
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all other insurances as may be required by law or ordinances
or directed by the Owner or Owner's Representative, or by them
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agreed to. Owner's Representative may direct the form in
which accounts of the actual field cost shall be kept and
records of these accounts shall be made available to the
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Owner's Representative. The Owner's Representative may also
specify in writing, before the work commences, the method of
doing the work and the type and kind of machinery and
equipment to be used; otherwise, these matters shall be
determined by the Contractor. Unless otherwise agreed upon,
the prices for the use of machinery and equipment shall be
determined by using loot, unless otherwise specified, 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 (15%) of the actual
field cost as herein defined, save that where the
Contractor's Camp or Field Office must be maintained primarily
on account of such Extra Work, then the cost to maintain
and operate the same shall be included in the "actual field
cost."
No claim for extra work of any kind will be allowed unless
ordered in writing by Owner's Representative. In case any
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 written
request to the Owner's Representative for a written order
authorizing such extra work. Should a difference of opinion
arise as to what does or does not constitute extra work or
ras to the payment therefore, and the Owner's Representative
insists upon its performance, the Contractor shall proceed
with the work after making written request for written order
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and shall keep adequate account of,the actual field cost
thereof, as provided under Method (C). The Contractor will
thereby preserve the right to submit the matter of payment to
arbitration as herein below provided.
25. DISCREPANCIES AND OMISSIONS
It is further agrees that it is the intent of this contract
that all work described in the proposal, the specifications,
plans and other contract documents, is to be done for the s'
prices quoted by the Contractor and that such price shall
include all appurtenances necessary to complete the work is
accordance with the intent of these contract documents as —
interpreted by Owner's Representative. If the Contractor finds
any discrepancies or omissions in these plans, specifications,
or contract documents, he should notify the Owner's Representative
and obtain a clarification before the bids are received, and if
no such request is received by the Owner's Representative
prior to the opening of bids, then it shall be considered that
the Contractor fully understands the work to be included and has
provided sufficient sums in his proposal to complete the work
in accordance with these plans and specifications. It is
further understood that any request for clarification must be
submitted no later than five days prior to the opening of bids.
26. RIGHT OF THE _OWNER _TO_MODIFY _METHODS _AND EQUIPMENT
If at any time the methods or equipment used by the Contractor
are found to be inadequate to secure the quality of work with
the rate of progress required under this contract, the Owner
or Owner's Representative may order the Contractor in writing
to increase their safety or improve their character and
efficiency and the -Contractor shall comply with such order. f
If, at any time, the working force of the Contractor is
inadequate for securing the progress herein specified, the
Contractor shall, if so ordered in writing increase his force
or equipment, or both to such an extent as to give reasonable
assurance of compliance with the schedule of progress.
27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
The Contractor shall take out and procure a policy or policies
of Workmen's Compensation Insurance with an insurance company
licensed to transact business. in the State of Texas, which
policy shall comply with the Workmen's Compensation laws of
the State of Texas. The Contractor shall at all times exercise
reasonable precaution for the safety of employees and others
on or near the work and shall comply with all applicable
provisions of federal, state, and municipal laws and building and construction codes. All machinery and equipment and other
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physical hazards shall be guarded in accordance with the
"Manual of Accident Prevention in Construction" of Associated
General Contractors of America, except where incompatible with
federal, state, or municipal laws or regulations. The
Contractor, his sureties and insurance carrier shall defend,
indemnify and save harmless the Owner and all of its officers,
agents, and employees from all suits, actions, or claims of
any character whatsoever, brought for or on account of any
injuries of damages received or sustained by any person or
persons or property, on account of any negligent act or fault
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of the Contractor or any subcontractor, their agents or
employees, in the execution and supervision of said contract,
and the project which is the subject matter of this contract,
on account of the failure of Contractor or any subcontractor
to provide necessary barricades, warning lights, or signs and
will be required to pay any judgement with costs which may be
obtained against the Owner or any of its officers, agents, or
employees including attorneys fees.
The safety precautions taken shall be the sole responsibility
of the Contractor, in his sole discretion as an Independent
Contractor; inclusion of this paragraph in the Agreement, as
well as any notice which may be given by the Owners or Owner's
Representative concerning omissions under this paragraph as
the work progresses, are intended as reminders to the
Contractor of his duty and shall not be construed as any
assumption of duty to supervise safety precautions by either
the Contractor or any of his subcontractors.
28. CONTRACTOR'S INSURANCE
The Contractor shall procure and carry at his sole cost and
expense through the life of this contract, insurance
protection as herein after specified. Such insurance shall
be carried with an insurance company authorized to transact
business in the State of Texas and shall cover all operations
in connection with this contract, whether performed by the
Contractor or a subcontractor, or separate policies shall be
provided covering the operation of each subcontractor.
A. Comprehensive General Liability Insurance
The contractor shall have Comprehensive General Liability
Insurance with limits of $300,000 Bodily Injury and
$300,000 Property Damage per occurrence to include:
Premises and Operations
Explosion & Collapse Hazard
Underground Damage Hazard
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Products & Completed Operations Hazard
Contractual Liability `
Independent Contractors Coverage
Personal Injury (with exclusion "c" waived)'
The City is to be named as an additional insured on this
policy for this specific job, and copy of the endorsement
doing so is to be attached to the Certificate of
Insurance.
B. Owner's Protective or Contingent Public, Liability
Insurance and Property Damage Liability Insurance.
The Contractor shall obtain an Owner's Protective or
Contingent Public Liability Insurance policy naming the
City of Lubbock as insured and the amount of such policy
shall be as follows:
For bodily injuries, including accidental death, $500,000
per occurrence, and $100,000 for Property Damage.
C. ComprehensiveAutomobile Liability Insurance
The Contractor shall have Comprehensive Automobile
Liability Insurance with limits of not less than;
Bodily Injury $250/500,000
Property Damage $100,000
to include all owned and non -owned cars including: r
Employers Non -ownership Liability Hired and Non -Owned
Vehicles. The City is to be named as an additional
insured on this policy for this specific job and copy of
the endorsement doing so is to be attached to the
Certificate of Insurance.
D. Builder's Risk Insurance
The Contractor shall obtain a Builder's Risk policy in
the amount of (100% of potential
loss) naming the City of Lubbock as insured.
E. Excess or Umbrella Liability Insurance
The Contractor shall have Excess or Umbrella Liability
Insurance in the amount'of
(1,000,000 minimum) with coverage to correspond with
Comprehensive General Liability and comprehensive
Automobile Liability coverages.
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The City is to be named as an additional insured on this
policy for this specific job and copy of the endorsement
doing so is to be attached to the Certificate of
Insurance.
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F. Worker's Compensation and Employer's Liability Insurance
As required by State statute covering all employees
whether employed by the Contractor or any Subcontractor
on the job with Employers Liability of at least $100,000
limit.
G. Proof of Coverage
Before work on this contract is commenced, each
Contractor and subcontractor shall submit to the Owner
for approval five Certificateds of Insurance covering
each insurance policy carried and offered as evidence of
compliance with the above insurance requirements, signed
by an authorized representative of the insurance company
setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the
insurance applies.
(3)
The name of the policy and type or types of
insurance in force thereunder on the date borne by
such certificate.
(4)
The expiration date of the policy and the limit or
limits of liability thereunder on the date borne by
such certificate.
(5)
A provision that the policy may cancelled only
by mailing written notice to the named insured at
the address shown in the bid specifications.
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(6)
A provision that written notice shall be given to
the City ten days prior to any change in or
Pcancellation
of the policies shown on certificate.
(7)
A provision that written notice shall be on the form
(or identical copies thereof) contained in the job
specifications. No substitute of nor amendment
thereto will be acceptable.
29. DISABLED EMPLOYEES
13
Contractors having more than 15 employees agree to comply with
the Americans with Disabilities Act of 1990, and agree not to
discriminate against a qualified individual with a disability
because of the disability of such individual with regard to
job application procedures, the hiring, advancement, or
discharge of employees, employee compensation, job training,
and other terms, conditions, and privileges of employment.
30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS,
MATERIALMEN, AND FURNISHERS OF MACHINERY, EQUIPMENT, AND
SUPPLIES
The Contractor agrees that he will indemnify and save the
Owner harmless from all claims growing out of any demands of
subcontractors, laborers, workmen, mechanics, materialmen and
furnishers of machinery and parts thereof, equipment, power
tools, all supplies, including commissary, incurred in the
furtherance of the performance of this contract. When Owner
so desires, the Contractor shall furnish satisfactory evidence
that all obligations of the nature hereinabove designated
have been paid, discharged or waived.
4—
If during the progress of the work, Contractor shall allow any
indebtedness to accrue for work furnished by any of those
designated in the preceding paragraph and shall fail to pay
and discharge any such indebtedness within five (5) days after
.demand is made, then owner may, during the period for which
such indebtedness shall remain unpaid, withhold from the
unpaid portion of this contract, a sum equal to the amount of
such unpaid indebtedness or may apply the sum so withheld to
discharge any such indebtedness.
,A-
Any and all communications between any party under this
paragraph must be in writing.
31. PROTECTION AGAINST ROYALTIES FOR PATENT INVENTION
The Contractor shall pay all royalties and license fees, and
shall provide for�the use"of any design, device, material or
process covered by letters patent or copyright by suitable
legal agreement with the Patentee or Owner thereof. The
Contractor shall defend all suits or claims for infringement
of any patent or copyrights and shall indemnify and save the
Owner harmless from any loss on account thereof, except that
Owner shall defend all suits and claims and shall be `
responsible for all such loss when a particular design,
device, material or process or the product of a particular
manufacturer or manufacturers is specified or required in
these contract documents by Owner; provided, however, if
choice of alternate design, device, material, or process is
14
allowed to the Contractor, then Contractor shall indemnify and
save Owner harmless from any loss on account thereof. If the
r" 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
r such infringement.
32. LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with all
federal, state, and local laws, ordinances and regulations,
which in any manner effect the contract or the work, and
6hall indemnify and save harmless the Owner against any claims
arising from the violation of any such laws, ordinances, and
regulations, whether by the Contractor or his employees. If
the Contractor observes that the plans and specifications are
at variance therewith, he shall promptly notify the Owner's
Representative in writing and any necessary changes shall be
adjusted as provided in the contract for changes in work. If
the Contractor performs any work knowing it to be contrary to
such laws, ordinances, rules, and regulations, and without
such notice to the Owner's Representative, he shall bear all
costs arising therefrom.
•- The Owner is a municipal corporation of the State of Texas and
the law from which it derives its powers, insofar as the same
regulates the objects for which, or the manner in which, or
r, the conditions under which the Owner may enter into contracts,
shall be controlling, and shall be considered as part of this
contract to the same effect as though embodied herein.
33. ASSIGNMENT AND SUBLETTING
The Contractor further agrees that he will retain personal
r. control and will give his personal attention to the
fulfillment of this contract. The Contractor further agrees
that subletting any portion or feature of the work, or
materials required in the performance of this contract, shall
not relieve the Contractor from his full obligations to the
Owner, as provided by this contractual agreement.
f
34. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed by and between the
Contractor and the Owner, that the date of beginning and time
for completion as specified in the contract of work to be done
hereunder are essential conditions of this contract; and it
is further mutually understood and agreed that the work
embraced in this contract shall be commenced on a date to be
specified in the Notice to Proceed.
15
F
If the Contractor should neglect, fail, or refuse to complete
the work within the time herein specified, or any proper
extension thereof granted by the Owner, then the Contractor
does hereby agree as a part of the consideration for the
awarding of this contract, the Owner may withhold permanently
form Contractor's total compensation, the sum of $100.00 PER
DAY, not as a penalty, but as liquidated damages for the breach
of the contract as herein set forth for each and every
calendar day that the Contractor shall be in default after the
time stipulated for completing the work.
It is expressly understood and agreed, by and between the
r Contractor and, the Owner, that the time for the completion of
the work described herein is reasonable time for the
completion of the same, taking into consideration the average
climatic change and conditions and usual industrial conditions
prevailing in this locality.
,., The amount is fixed and agreed upon by and between the
Contractor and the Owner because of the impracticability and
extreme difficulty in fixing and ascertaining actual damages
the Owner would in such event sustain, and the amount is
PM agreed to be damages the Owner would sustain and shall be
retained by the Owner from current periodical estimates for
payments or from final payment.
It is further agreed and understood between the Contractor and
Owner that the time is of the essence of this contract.
35. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless
r" otherwise herein specifically provided, that the Contractor
shall be allowed to prosecute his work at such time and
sessions, in such order of precedence, and in such manner as
shall be most conductive to economy of construction; provided,
however, that the order and time of prosecution shall be such
that the work shall be substantially completed as a whole and
in part, in the proposals; provided, also, that when the Owner
is having other work done, either by contract or by his own
force, the Owner's Representative may direct the time and
manner of constructing work done under this contract so that
the conflicts will be avoided and the construction of the
various works being done for the Owner shall be harmonized.
r
The Contractor shall submit, at such times as many as may
reasonably be requested by the Owner's Representative,
schedules which shall show the order in which the Contractor
�.
proposes to carry on the work, with dates at which the
Contractor will start the several parts of the work and
estimated dates of completion of the several parts.
16
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36. EXTENSION OF TIME
r
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
r!"
range and industrial conditions prevailing in this locality,
and has considered the liquidated damage provisions of
paragraph 33 hereinabove set forth and that he shall not be
entitled to, nor will he request, an extension of time on this
contract, except when his work has been delayed by an act or
1
neglect of the Owner, Owner's Representative, employees of the
Owner or other contractors employed by the owner, or by
p','
changes ordered in the work, or by strike, walk -outs, acts of
God or the public enemy, fire or flood. The: Contractor may
apply in writing for an extension of time, submitting
therewith all written justification as may be required by
Owner's Representative within ten (10) days after receipt of
a written request for an extension of time by the Contractor
supported by all requested documentation shall then submit
such written request to the City Council of the City of
f
Lubbock for their consideration. Should the Contractor
disagree with the action of City Council on granting an
extension of time, such disagreement shall be settled by
arbitration as herein provided.
37. HINDRANCE AND DELAYS
In executing the contract agreement, the Contractor agrees
that in undertaking to complete the work within the time
herein fixed, he has taken into consideration and made
allowances for all hindrances and delays incident to such
work, whether growing out of delays in securing material or
workmen or otherwise. No charge shall be made by the
Contractor for hindrance or delays from any cause during the
progress of any part of the work embraced in this contract
except where the work is stopped by order of the Owner or
Owner's Representative for the Owner's convenience, in which
event, such expense as in the judgement of the Owner's
Representative that is caused by such stoppage shall be paid
by Owner to Contractor.
38. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be
allowed, but the actual measured or computed length, area,
solid contents, number and weight only shall be considered,
unless otherwise specifically provided.
In the event this contract is let on a unit price basis, then
Owner and Contractor agree that this contract, including the
specifications, plans and other contract documents are
17
intended to show clearly all work to be done and material to
be furnished hereunder. Where the estimated quantities are
shown for the various classes of work to be done and material
to be furnished under this contract, they are approximate and
are to be used only as a basis for estimating the probable
cost of the work and for comparing their proposals offered for
the work. It is understood and agreed that the actual amount
of work to be done and the materials to be furnished under
this contract may differ somewhat from these estimates, and
that where the basis for payment under this contract is the
unit price method, payment shall be for the actual amount of
work done and any materials furnished on the project.
39. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the adjacent
or adjoining property of properties in any way encountered,
which may be injured or seriously affected by any process of
construction to be undertaken under this agreement, from any
damage or injury by reason of said process of construction;
and he shall be liable for any and all claims for such damage
on account of his failure to fully protect all adjacent
property. The Contractor agrees to indemnify, save and hold
harmless the Owner against any claims or claims for damages
due to any injury to any adjacent or adjoining
property, arising or growing out of the performance of this
contract, but such indemnity shall not apply to any claim of any kind arising out of the existence or character of the
work.
40. PRICE FOR WORK
In consideration of the furnishing of all necessary labor,
equipment and material and the completion of all work by the
Contractor, and on all materials embraced in this contract in
full conformity with the specifications and stipulations
herein contained, the Owner agrees to pay the Contractor the
price set forth in the proposal attached hereto, which has
been made a part of this contract, and the Contractor hereby
agrees to receive such price in full for furnishing all .-
materials and all labor required for the aforesaid work, also,
for all expenses incurred by him and for well and truly
performing the same and the whole thereof in the manner and _
according to this agreement, the attached specifications,
plans, contract documents, and requirements of Owner's
Representative.
41. PAYMENTS
No payments made or certificates given shall be considered as
conclusive evidence of the performance of the contract, either
wholly or in part, nor shall any certificate or payment be
18 r
considered as acceptance of defective work. Contractor shall
at any time requested during the progress of the work furnish
the Owner or Owner's Representative with a verifying
certificate showing the Contractor's total outstanding
indebtedness in connection with the work. Before final
'! payment is made, Contractor shall satisfy Owner, by affidavit
r or otherwise, that there are no outstanding liens against
Owner's premises by reason of any work under the contract.
Acceptance by Contractor of final payment of the contract
shall constitute a waiver of all claims against Owner which
have not therefore been timely filed as provided in this
contract.
42. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall
submit to Owner's Representative an application or partial
payment. Owner's Representative shall review said application
for partial payment and the progress of the work made by the
Contractor and if found to be in order shall prepare a
certificate for partial payment showing as completely as
practical the total value of the work done by the Contractor
up to and including the last day of the preceding month; said
statement shall also include the value of all sound materials
delivered on site of the work that are to be fabricated into
the work.
The owner shall then pay the Contractor on or before the
fifteenth day of the current month the total amount of the
Owner's Representative's Certificate of Partial Payment, less
5% of the amount thereof, which 5% shall be retained until
final payment, and further, less all previous payments and all
further sums that may be retained by Owner under the terms of
this agreement. It is understood, however, that in case the
whole work be near to completion, and this fact is certified
to by Owner's Representative and some unexpected and some
unusual delay occurs due to no fault or negligence on the part
of the Contractor, the Owner may upon written recommendation
of Owner's Representative pay a reasonable and equitable
portion of the retained percentage due contractor.
43. FINAL COMPLETION AND ACCEPTANCE
AND ACCEPTANCE
Within thirty-one (31) days after the Contractor has given the
Owner's Representative written notice that the work has been
completed or substantially completed, the Owner's
Representative and the Owner shall inspect the work and
within said time, if the work be found to be completed or
substantially completed, on accordance with the contract
documents, the Owner's Representative shall issue to the Owner
and Contractor his certificate of completion, and thereupon
it shall be the duty of the Owner within thirty-one (31) days
19
to issue a certificate of acceptance of the work to the
contractor.
44. FINAL PAYMENT
Upon the issuance of the certificate of completion, the
Owner's Representative shall proceed to make final measurement
and prepare a final statement of the value of all work
performed and materials furnished under the terms of the �.
agreement, and shall certify same to the Owner, who -shall pay
to the Contractor on or before the 31st day after the date of
certificate of completion, the balance due Contractor under
the terms of this agreement, provided he has fully performed his contractual obligations under the terms of this contract;
and said payment shall become due in any event upon said
performance by the Contractor. Neither the certificate of
acceptance nor the final payment, nor any provisions in the
contract documents shall relieve the Contractor of the
obligation for fulfillment of any warranty which may be
required in the special conditions (if any) of this contract
or required in the specifications made a part of this
contract.
45. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK
Contractor shall promptly remove from Owner's premises all
materials condemned by the Owner's Representative on account
of failure to conform to the contract, whether actually
incorporated in the work or not, and Contractor shall at his
own expense promptly replace such condemned materials with
other materials conforming to the requirements of the
contract. Contractor shall also bear the expense of restoring
all work of other contractors damaged by any such removal or..
replacement. If Contractor does not remove and replace
condemned work within a reasonable time after a written notice
by the Owner or the Owner's Representative, Owner may remove
and replace it at Contractor's Expense.
46. CORRECTION OF WORK AFTER FINAL PAYMENT
Neither the final payment nor certificate nor any provision
in this contract shall relieve the Contractor of
responsibility for faulty materials or workmanship, and he
shall remedy any defects due thereto and pay for any damage
to other work resulting therefrom, which shall appear within
a period of one (1) year from the date of substantial
completion. The Owner or the Owner's Representative shall
give notice of observed defects with a reasonable promptness.
47. PAYMENT WITHHELD
The Owner may, on account of subsequently discovered evidence,
20
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` withhold or nullify the whole or part of any certificate to
such extent as may be necessary to protect himself from loss
on account of:
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence indicating possible
filing of claims.
(c) Failure of the Contractor to make payments promptly to
subcontractors or for materials or labor.
(d) Damage to another contractor.
When the above grounds are removed, or the Contractor provides
a surety bond satisfactory to the owner, which will protect
the Owner in the amount withheld, payment shall be made for
amounts withheld because of them.
48. TIME OF FILING OF FILING CLAIMS
It is further agreed by both parties hereto that all questions
of dispute or adjustment presented by the Contractor shall be
in writing and filed with the Owner's Representative within
fifteen (15) days after the Owner's Representative has given
any directions, order or instruction to which the Contractor
desires to take exception. The Owner's Representative shall
reply to such written exceptions by the Contractor and render
his final decision in writing. In case the Contractor should
appeal from the decision of the Owner's Representative,.any
demand for arbitration shall be filed with the Owner's
Representative and the Owner in writing within ten (10) days
after the date of delivery to Contractor of the final decision
of the Owner's Representative. It is further agreed that
final acceptance of the work by the Owner and the acceptance
by the Contractor of the final payment shall be a bar to any
claim by either party, except where noted otherwise in the
contract documents.
49. ARBITRATION
All questions of dispute under this agreement shall be
submitted to arbitration at the request of either party to the
dispute. The parties may agree upon one arbitrator,
otherwise, there shall be three; one named in writing by each
party and the third chosen by the two arbiters selected; or
�. if the arbiters fail to select a third within ten (10) days,
he shall be chosen by the District Judge, 72nd Judicial
District of Texas. Each arbiter shall be a resident of the
City of Lubbock. Should the party demanding arbitration fail
to name an arbiter within ten (10) days of the demand, his
right to arbitrate shall lapse, and the decision of the
Owner's Representative shall be final and binding on him.
21
1
50.
Should the other party fail to choose an arbiter within ten
(10) days, the Owner's Representative shall appoint such,
arbiter. Should either party refuse or neglect to supply the
arbiters with any papers or information demanding in writing,
the arbiters are empowered by both parties to take Ex Parte
Proceedings.
The arbiters shall act with promptness. The decision of any
two shall be binding on both parties to the contract, unless
either or both parties shall appeal within ten (10) days from
date of the award by the arbiters, and it is hereby agreed
that each party shall have the right of appeal and all
proceedings shall be according to and governed by Arbitration r
Statutes of Texas, being Article 224, et seq., Vernon's
Annotated Civil Statutes. THE DECISION OF THE ARBITERS UPON
ANY QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT
SHALL BE A CONDITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION.
The arbiters, if they deem the case demands it, are authorized
to award the party whose contention is sustained, such sums
as they deem proper for the time, expense and trouble incident
to the appeal, and if the appeal was taken without reasonable
cause, they may award damages for any delay occasioned
thereby. The arbiters shall fix their own compensation,
unless otherwise provided by agreement, and shall assess the
costs and charges of the arbitration upon either or both
parties. The award of the arbiters must be made in writing
and shall not be open to objection on account of the form of
proceedings or award.
ABANDONMENT BY CONTRACTOR
In case the Contractor should abandon and fail or refuse to
resume work within ten (10) days after written notification
from the Owner or the Owner's Representative, or if the
Contractor fails to comply with the orders of the Owner's
Representative, when such orders are consistent with this
contract, this Agreement, or the Specifications hereto
attached, then the Surety on the bond shall be notified in
writing and directed to complete the work and a copy of said (-
notice shall be delivered to the Contractor.
After receiving said notice of abandonment, the Contractor r
shall not remove from the work any machinery, equipment,
tools, materials, or supplies then on the job, but the same,
together with any material and equipment under the contract
for work, may be held for use on the work by the Owner or the
Surety of the Contractor, or another contractor, in completion
of the work; and the Contractor shall not receive any rental
or credit therefore (except when used in connection with Extra
Work where credit shall be allowed as provided for under
paragraph 24 of this contract); it being understood that the
22
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4 use of such equipment and materials will ultimately reduce the
�-+ cost to complete the work and be reflected in the final
V settlement.
In case the Surety should fail to commence compliance with the
notice for completion hereinbefore provided for within ten
(10) days after the service of such notice, then the Owner may
provide for completion of the work in either of the following
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, materials, and supplies to said Contractor, and
the expense so charged shall be deducted and paid by the
Owner out of such moneys as may be due, or that may
thereafter at any time become due to the Contractor under
and by virtue of this Agreement. In case such expense
is less than the sum which would have been, payable under
this contract, if the same had been completed by said
Contractor, then the Contractor and/or his Surety shall
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 of location of the
work, may let the contract for the completion of the
work under substantially the same terms and conditions
which are provided in this contract. In case of any
increase in cost to the Owner under the new contract as
compared to what would 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
paragraph 42 hereinabove set forth, shall be issued. A
complete itemized statement of the contract accounts,
certified to by Owner's Represent ative as being correct
shall then be prepared and delivered to Contractor and his
Surety, whereon the Contractor or his Surety, or the Owner as
the case may be, shall pay the balance due as reflected by
said statement within 30 days after the date of certificate
of completion.
In the event the statement of accounts shows that the cost to
23
complete the work is less than that which would have been the
cost to the Owner had the work been completed by the
Contractor under the terms of this contract, or when the
Contractor and/or his Surety shall pay the balance shown to
be due by them to the Owner, then all machinery, equipment,
tools, materials, or supplies left on the site ofthe work
shall be turned over to the Contractor and/or his Surety.
Should the cost to complete the work exceed the contract
price, and the Contractor and/or his Surety fail to pay the
amount due the Owner within the time designated hereinabove,
and there remains any machinery, equipment, tools, materials,
or supplies on the site of the work, notice thereof, together
with an itemized list of such equipment and materials shall
be mailed to the Contractor and his Surety at the respective
addresses designated in this contract; provided, however, that
actual written notice given in any manner will satisfy this
condition. After mailing, or other giving of such notice,
such property shall be held at the risk of the Contractor and
his Surety subject only to the duty of the Owner to exercise
ordinary care to protect such property. After fifteen (15) ---
days from the date of said notice the Owner may sell such
machinery, equipment, tools, materials, or supplies and apply
the net sum derived from such sale to the credit of the
Contractor and his Surety. Such sale may be made at either
public or private sale, with or without notice., as the Owner
may elect. The Owner shall release any machinery, equipment,
tools, materials, or supplies which remain on the *jobsite and
belong to persons other than the Contractor or his Surety, to
their proper owners.
51. ABANDONMENT BY OWNER
In case the Owner shall fail to comply with the terms of this -
contract, and should fail or refuse to comply with said terms
within ten (10) days after written notification by the
Contractor, then the Contractor may suspend or wholly abandon
the work, and may remove therefrom all machinery, tools, and
equipment, and all materials on the ground that have not been
included in payments to the Contractor and have not been
incorporated into the work. Thereupon, the Owner's
Representative shall make an estimate of the total amount
earned by the Contractor, which estimate shall include the
value of all work actually completed by said .Contractor at `
the priced stated in the attached proposal, the value of all
partially completed work at a fair and equitable price, and
the amount of all Extra Work performed at the priced agreed '-
upon, or provided for by term of this contract, and a
reasonable sum to cover the cost of any provisions made by the
Contractor to carry the whole work to completion, and which r
cannot be utilized. The Owner's Representative shall then
make a final statement of the balance due to the Contractor
24
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by deducting from the above estimate all previous payments by
the Owner and all other sums that may be retained by the Owner
under the terms of this Agreement, and shall certify same to
the Owner who shall pay to the Contractor on or before thirty
(30) days after the date of the notification by the Contractor
the balance shown by said final statement as due the
f Contractor, under the terms of this Agreement.
52. BONDS
The successful- bidder shall be required to furnish a
performance bond and payment bond in accordance with Article
5160, Vernon's Annotated Civil Statutes in the amount of loot
of the total contract price, in the event said contract price
exceed $25,000.00. If the contract price does not exceed
$25,000.00, the statutory bonds will not be required. All
bonds, if required, shall be submitted on forms supplied by
.. the Owner, and executed by an approved Surety. Company
authorized to do business in the State of Texas. And it is
further agreed that this contract shall not be in effect until
such bonds are so furnished.
53. SPECIAL CONDITIONS
In the event, special conditions are contained herein as part
of the contract documents and said special conditions conflict
with any of the general conditions contained in this contract,
then in such event the special conditions shall control.
54. LOSSES FROM NATURAL CAUSES
Unless otherwise specified herein, all loss or damage to the
contractor arising out of the nature of the work to be done,
or from the action of the elements, or from any unforeseen
circumstance and prosecution of the same, or from unusual
obstructions or difficulties which may be encountered in the
prosecution of the work, shall be sustained and borne by the
Contractor at his own cost and expense.
55. INDEPENDENT_ CONTRACTOR
Contractor is, and shall remain, an independent contractor
with full, complete and exclusive power and authority to
direct, supervise, and control his own employees and to
determine the method of the performance of the work covered
} hereby. The fact that the Owner or Owner's Representative
f shall have the right to observe Contractor's work during his
performance and to carry out the other prerogatives which are
expressly reserved to and vested in the Owner or Owner's
a Representative hereunder, is not intended to and shall not at
any time change or effect the status of Contractor as an
25
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independent contractor with respect to either the Owner or
Owner's Representative or to the Contractor's own employees
or to any other person, firm, or corporation.
56. CLEANING UP
The Contractor shall at all times keep the premises free from
accumulation of debris caused by the work, and at the
completion of the work he shall remove all such debris and
also his tools, scaffolding, and surplus materials and shall
leave the workroom clean or its equivalent. The work shall
be left in good order and condition. In case of dispute Owner
may remove the debris and charge the cost to the Contractor.
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FTA GUIDELINES AND REGULATIONS
r This project is in part funded by the Federal Transportation
Administration (FTA). FTA regulations require all grant
recipients, contractors/subcontractors associated with projects
funded in whole or in part to comply with all applicable FTA
requirements and federal statutes/regulations including but not
limited to the following:
* Federal Transportation Administration Act of-1964, as
amended, 49 U.S.0 1601 et. seq.
Surface Transportation Assistance Act of 1982,.=as amended.
* Americans with Disability Act of 1990.
* 49 CFR Part 27 - Elderly -and Handicapped
* 41 CFR section 101-19.6 - Accommodations for Physically
Handicapped.
* 29 CFR Part 1926 - Safety Standards.
* 40 CFR Part 249 - Use of Fly Ash in Procurement of Cement
and Concrete.
As per FTA guidelines, the following clauses/provisions shall be
caused or required to be inserted in full by the contracting
officer.
LABOR PROVISIONS - CONSTRUCTION CONTRACTS
1. Minimum wages.
a. All laborers and mechanics employed or working upon the
site of the work (or under the United States Housing
Act of 1937 or under the Housing Act of 1949 in the
construction or development of the project), will be
paid unconditionally and not less often than once a
week, and without subsequent deduction or rebate on any
account (except such payroll deductions as are
permitted by regulations issued by the Secretary of
Labor under the Copeland Act (29CFR Part 3)), the full
amount of wages and bona fide fringe benefits (or cash
equivalents thereof) due at time of payment computed at
rates not less than those contained in the wage
determination of the Secretary of Labor which is
t attached hereto and made a part hereof, regardless of
any contractual relationship which may be alleged to
exist between the contractor and such laborers and
mechanics. Contributions made or costs reasonably
anticipated for bona fide fringe benefits under Section
1 (b) (2) of the Davis -Bacon Act on behalf of laborers
or mechanics are considered wages paid to such laborers
t:
or mechanics, subject to the provisions of paragraph
(a) (1) (iv) of 29 CFR 5.5; also, regular contributions
made or costs incurred for more than a weekly period.
Such laborers and mechanics shall be paid the
appropriate wage rate and fringe benefits on the wage
determination for the classification of work actually
performed, without regard to skill, except as provided
in 29 CFR 5.5 (a) (4). Laborers or mechanics
performing work in more than one classification may be
compensated at the rate specified for each ...
classification for the time actually worked therein:
provided, that the employer's payroll record accurately
set forth the time spent in each classification in
which work is performed. The wage determination y`
(including any additional classification and wage rates
conformed under paragraph (a) (1) (ii) of 29 CFR 5.5
and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at
the site of the work in a prominent and accessible
place where it can be easily seen by the workers.
b. (1) The contracting officer shall require that any,
class of laborers or mechanics which is not listed
in the wage determination and which is to be
employed under the contract shall be classified in
conformance with the wage determination. The
contracting officer shall approve an additional
classification and wage rate and fringe benefits
therefore only when the following criteria have
been met:
(a) The work to be performed by the
classification requested is not performed by
a classification in the wage determination; G
and
(b) The classification is utilizedinthe area by
the construction industry; and
(c) The proposed wage rate, including any bona
fide fringe benefits, bears a reasonable
relationship to the wage rates contained in
the wage determination.
(2) If the contractor and the laborers .and mechanics
to be employed in the classification (if known),
or their representatives, and the contracting r
officer agree on the classification and wage rate
(including the amount designated for fringe
benefits where appropriate), a report of the
action taken shall be sent by the contracting
officer to the administrator of the Wage and Hour
Division, Employment Standards Administration,
U.S. Department of Labor, Washington, D.C. 20210.
The Administrator, or an authorized
representative, will approve, modify, or
disapprove every additional classification action
within 30 days of receipt and so advise the
contracting officer or will notify the contracting
officer within the 30-day period that additional
time is necessary.
(3) In the event the contractor, the laborers or
mechanics to be employed in the classification or
their representatives, and the contracting officer
do not agree on the 'proposed classification and
wage rate (including the amount designated.for
fringe benefits, where appropriate), the
contracting officer shall refer the questions
— including the views of all interested parties and
the recommendation of the contracting officer to
the Administrator for determination. The
Administrator, or an authorized representative,
will issue a determination within 30 days of
receipt and so advise the contracting officer or
will.notify the contracting officer within the 30-
day period that additional time is necessary.
(4) The wage rate (including fringe benefits where
appropriate) determined pursuant to subparagraphs
(a) (1) (b) or (c) of 29 CFR 5.5, shall be paid to
all workers performing work in the classification
under this contract from the first day on which
work is performed in the classification.
c. Whenever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes
a fringe benefit which is not expressed as an hourly
rate, the contractor shall either pay the benefit as
stated in the wage determination or shall pay another
bona fide fringe benefit or an hourly cash equivalent
thereof.
d. If the contractor does not make payments to a trustee
or other third person, the contractor may consider as
part of the wages of any laborer or mechanic the amount
of any costs reasonably anticipated in providing bona
fide fringe benefits under a plan or program, provided,
that the Secretary of Labor has found, upon the written
request of the contractor, that The Secretary of Labor
may require the contractor to set aside in a separate
account assets for the meeting of obligations under the
plan or program.
2. Withholding
DOT shall upon its own action or upon written request of an
authorized representative of the Department of Labor
withhold or cause to be withheld from the contractor under
this contract or any other Federal contract with the same
prime contractor, or any other Federally -assisted contract
subject to Davis -Bacon prevailing wage requirements, which
is held by the same prime contractor, so much of the accrued
payments or advances as may be considered necessary to pay
laborers and mechanics, including apprentices, trainees, and
helpers, employed by the contractor or any subcontractor the
full amount of wages required by the contract. In the event
of failure to pay any laborer or mechanics, including any
apprentice, trainee, or helper, employed or working on the
site of the work (or under the United States Housing Act of
1937 or under the Housing Act of 1949 in the construction of
development of the project),'all or part of the wages
required by the contract, DOT may, after written notice to
the contractor, sponsor, applicant, or owner, take such
action as may be necessary to cause the suspension of any --
further payment, advance, or guarantee of funds until such
violations have ceased.
3. Payrolls and Basic Records
a. Payrolls and basic records relating thereto shall be
maintained by the contractor during the course of the
work and preserved for a period of three years
thereafter for all laborers and mechanics working at
the site of the work (or under the United States
Housing Act of 1937, or under the Housing Act of 1949,
in the construction or development of the project).
Such records shall contain the name, address, and
social security number of each such worker, his or her.
correct classification, hourly rates of wages paid
(including rates of Contributions or costs anticipated
for bona fide fringe benefits or cash equivalents
thereof of the types described in Section 1 (b) (2) (b)
of the Davis -Bacon Act, daily and weekly number of
hours worked, deductions made and actual wages paid.
Whenever the Secretary of Labor has found under 29 CFR
5.5(a) (1) (iv) that the wages of any laborer or
mechanic include the amount of any costs reasonably
anticipated in providing benefits under a plan or
program described in Section 1(b) (2) (b) of the Davis -
Bacon Act, the contractor shall maintain records which
show that the commitment to provide such benefits is
enforceable, that the plan or program is financially
responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics
affected, and records which show the costs anticipated
or the actual costs incurred in providing such
benefits. Contractors employing apprentices or
trainees under approved programs shall maintain written
evidence of the registration of apprenticeship programs
and certification of trainee programs, the registration
of the apprentices and trainees, and the ratios and
i;
-
wage rates prescribed in the applicable programs.
b. (1) The contractor shall submit weekly, for each week
in which any contract work is performed, a copy of
all payrolls to the grantee. The payrolls
submitted shall set out accurately and completely
all of the information required to be maintained
under 5.5 (a) (3) of regulations, 29 CFR Part 5.
This information may be submitted in any form
desired, optional form WH-347 is available for
this purpose and may be purchased from the
Superintendent of Documents (Federal stock -number
029-005-00014-1), U.S. Government Printing Office,
Washington, D.C. 20402. The prime contractor is
responsible for the submission of copies of
payrolls by all subcontractors.
(2) Each payroll submitted shall be accompanied by a
"Statement of Compliance", signed by the
contractor or subcontractor or his or her agent
who pays or supervises the payment of the persons
employed under the contract and shall certify the
following:
a. That the payroll for the payroll period
contains the information required to be
' maintained under Section 5.5 (a) (3) (1) of
regulations, 29 CFR Part 5 and that such
information is correct and complete.
b. That each laborer or mechanic (including each
helper, apprentice, and trainee) employed on
the contract during the payroll period has
been paid the full weekly wages earned,
without rebate, either directly or
indirectly, and that no deductions have been
made either directly or indirectly from the
full wages earned, other than permissible
deductions as set forth in regulations, 29
CFR Part 3.
C. That each laborer or mechanic has been paid
not less than the applicable wage rates and
fringe benefits or cash equivalents for the
classification of work performed, as
specified in the applicable wage
determination incorporated into the contract.
(3) The weekly submission of a properly executed
certification set forth on the reverse side of
optional form WH-347 shall satisfy the requirement
for submission of the "Statement of Compliance"
required by paragraph (a) (3) (11) (b) of 29 CFR
Section 5.5.
(4) The falsification of any of the above
certifications may subject the contractor or
subcontractor to civil or criminal prosecution
under Section 1001 of Title IS and Section 231 of
Title 31 of the United States Code.
C. The Contractor or subcontractor shall make the records
required under paragraph (a) (3) (i) of 29 CFR Section
5.5 available for inspection, copying, or transcription
by authorized representatives of DOT or the Department
of Labor, and shall permit such representatives to
interview employees during working hours on the job.
If the contractor or subcontractor fails to submit the
required records or to make them available, the federal
agency may, after written notice to the contractor,
sponsor, applicant, or owner, take -such action as may
be necessary to cause the suspension of any further
payment, advance or guarantee of funds. Furthermore,
failure to submit the required records upon request or
to make such records available may be grounds for
debarment action pursuant to 29 CFR Section 5.12.
4. APPRENTICES AND TRAINEES
a. Apprentices. Apprentices will be permitted to work at
less than the predetermined rate for the work they
performed when they are employed pursuant to and
individually registered in a bona fide apprenticeship
program registered with the U.S. Department of Labor,
Employment and Training Administration, Bureau of
Apprenticeship and Training, or with a state
apprenticeship agency recognized by the Bureau, or if a
person is employed in his or her first 90 days of
probationary employment as an apprentice in such an
apprenticeship program, who is not individually
registered in the program, but who has been certified
by the Bureau of Apprenticeship and Training or a state
apprenticeship agency (where appropriate) to be
eligible for probationary employment as an apprentice.
The allowable ratio of apprentices to journeymen on the
job site in any craft classification shall not be
greater than the ratio permitted to the contractor as
to the entire work force under the registered program.
Any workerlisted on a payroll at an apprentice wage
rate, who is not registered or otherwise employed as
stated above, shall be paid not less than the
applicable wage rate on the wage determination for the
classification of work actually performed. In
addition, any apprentice performing work on the job
site in excess of the ratio permitted under the
registered program shall be paid not less than the
applicable wage rate on the wage determination for the
work actually performed. Where a contractor is
performing construction on a project in a locality
other than that in which its program is registered, the
ratios and wage rates (expressed in percentages of the
?`
journeyman's hourly rate) specified in the contractor's
or subcontractor's registered program shall be
observed. Every apprentice must be paid at'not less
than the rates specified in the registered program for
the apprentice's level of progress, expressed as a -
percentage of the journeyman's hourly rate specified in
the applicable wage determination. Apprentices shall
be paid fringe benefits in accordance with the
provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe
benefits, apprentices must be paid the full amount of
fringe benefits,listed on the wage determination for
the applicable classification. If the Administrator
determines that a different practice prevails for the
applicable apprentice classification, fringe benefits
shall be paid in accordance with that determination.
In the event the Bureau of Apprenticeship and Training,
or a state apprenticeship agency recognized by the
Bureau, withdraws approval of an apprenticeship
program, the contractor will no longer be permitted to
-
utilize apprentices at less than the applicable
predetermined rate for the work performed until an
acceptable program is approved.
b. Trainees. Except as provided in 29 CFR Section 5.16,
trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they
are employed pursuant to and individually registered in
a program which has received prior approval, evidenced
by formal certification by the U.S. Department of
Labor, Employment and Training Administration. The
ratio of trainees to journeymen on the site shall not
be greater than permitted under the plan approved by
the Employment and Training Administration. Every
trainee must be paid at not less than the rate
r;
specified in the approved program for the trainee's
level of progress, expressed as a percentage of the
journeyman's hourly rate specified in the applicable
wage determination. Trainees shall be paid fringe
benefits in accordance with the provisions of the
.,
trainee program. If the trainee program does not
mention fringe benefits, trainees shall be paid the
If
full amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and
hour Division determines that there is an
apprenticeship program associated with the
corresponding journeyman's wage rate on the wage
determination for the classification of work actually
performed. In addition any trainee performing work on
the job site in excess of the ratio permitted under the
registered program shall be paid not less than the
applicable wage rate on the wage determination for the
work actually performed. In the event the Employment
and Training Administration withdraws approval of a
training program, the contractor will no longer be
permitted to utilize apprentices at less than the
applicable predetermined rate for the work performed
until an acceptable program is approved.
C. Equal Employment Opportunity. The utilization of
apprentices, trainees and journeymen under this part
shall be in conformity with the equalemployment
opportunity requirements of Executive Order 11246, as
amended, and 29 CFR Part 30.
5. Compliance with Copeland Act Requirements. The contractor
shall comply with the requirements of 18 U.S.C. 874 and 29
CFR Part 3, which are incorporated by reference. This act
provides that each contractor or.subgrantee shall be
prohibited from inducing, by any means any person employed
in the construction, completion, or repair of public work,
to give up any part of the compensation to which he is
otherwise entitled.
6. Contract Termination: Debarment. A breach of the contract
clauses in 29 CFR Section 5.5 may be grounds for termination
of the contract, and for debarment as a contractor and a
subcontractor as provided in 29 CFR Section 5.12.
7. Compliance with Davis -Bacon and Related Act Requirements.
All rulings and interpretations of the Davis -Bacon and
related acts contained in 29 CFR Parts 1, 3, and 5 are
herein incorporated by reference.
S. Disputes Concerning Labor Standards. Disputes arising out
of the general disputes clause of this contract shall not be
subject to the general disputes clause of this contract.
Such disputes shall be resolved in accordance with the
procedures of the Department of Labor set forth in 29 CFR
Parts 5, 6, and 7. Disputes within the meaning of this
clause include disputes between the contractor (or any of
its subcontractors) and the contracting agency, the U.S.
Department of Labor, or the employees or their
representatives.
9. a. Certification of Eligibility. By entering into this
contract the contractor certifies that neither it (nor
he or she) nor any person or firm who has an interest
in the contractor's firm is a person or firm ineligible
to be awarded government contracts by virtue of Section
3(a) of the Davis -Bacon Act or 29 CFR Section
5.12(a)(1).
b. No part of this contract shall be subcontracted to any
person or firm ineligible for award of a government
contract by virtue of Section 3(a) of the Davis -Bacon
1
1
{ Act or 29 CFR Section 5.12(a)(1).
C. The penalty for making false statements is prescribed
i in the U.S. Criminal Code, IS U.S.C. Section 1001.
10. overtime Requirements. No contractor or subcontractor
contracting for any part of the contract work which may
require or involve the employment of laborers or mechanics
shall require or permit any such laborer or mechanic in any
work week in which he or she is employed on such work to
work in excess of eight hours in any calendar day or in
excess of forty hours in such work week unless such laborer
r` or mechanic received compensation at a rate not less than
one and one-half times the basic rate of pay for all hours
worked in excess of eight hours in any calendar day or in
excess of forty hours in such work week, whichever is
greater.
11. Violation; Liability for Unpaid Wages; Liquidated Damages.
In the event of any violation of the clause set forth in
subparagraph (b) (1) of 29 CFR Section 5.5, the contractor
and any subcontractor responsible therefor shall be liable
�- for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the
case of work done under contract for the District of
�,. Columbia or a territory, to such district or to such
territory), for liquidated damages. Such liquidated damages
shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in
} violation of the clause set forth in subparagraph (b) (1) of
29 CFR Section 5.5 in the sum of $10 for each calendar day
on which such individual was required or permitted to work
in excess of eight hours or in excess of the overtime wages
required by the clause set forth in subparagraph (b) (1) of
29 CFR Section 5.5.
12. Withholding for Unpaid Wages and Liquidated Damages. DOT or
the recipient shall upon its own action or upon written
request of an authorized representative of the Department of
Labor withhold or cause to be withheld, from any monies
payable on account of work performed by the contractor or
subcontractor under any such contract or any other Federal
contract with the same prime contractor, or any other
Federally -assisted contract which is held by the same prime
contractor, such sums as may determined to be necessary to
satisfy any liabilities of such contractor or subcontractor
for unpaid wages and liquidated damages as provided in the
clause set forth in subparagraph (b) (2) of 29 CFR Section
5.5.
13. Section 107_of C.W.H.S.S.A. is applicable to construction
work and provides that no laborer or mechanic shall be
requested to work in surroundings or under working
t
conditions which are unsanitary, hazardous, or dangerous to
C
his health and safety as determined under construction,
safety and health standards promulgated by the Secretary of
Labor. These requirements do not apply to the purchases of
supplies or materials or articles ordinarily available on
the open market, or contracts for transportation or
transmission of intelligence.
14. Subcontracts. The contractor or subcontractor shall insert
in any subcontracts the clauses set forth in subparagraph 1 }--
through 15. of this paragraph and also a clause requiring
the subcontractor to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in subparagraphs 1. through 15.
of this paragraph.
EQUAL EMPLOYMENT OPPORTUNITY%NONDISCRIMINATION
Nondiscrimination
During the performance of this contract, the contractor agrees as
follows:
a. The Contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, —
sex, age, or national origin. The Contractor will take
affirmative action to ensure that applicants are employed,
and that employees are treated during employment without
regard to their race, color, religion, sex, age, or national
origin. Such action shall include but not be limited to the
following: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation;
and selection of training, including apprenticeship. The
contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices setting
forth the provision of this nondiscrimination clause.
b. The contractor will, in all solicitations or advertisements
for employees placed by or on behalf of the contractor,
state that all qualified applicants will receive
consideration.for employment without regard to race, color, --
religion, sex, age, or national origin.
C. The contractor will send to each labor union or
representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a
notice, advising the said labor union or worker's
representative of the contractor's commitments under this -�
section 202 of Executive Order 11246 of September 24, 1965,
and shall post copies of:the notice in conspicuous places
available to employees and applicants for employment.
r-
t
d. The contractor will comply with all provisions of Executive
Order 11246 of September 24, 1965, as amended by Executive
Order 11375, and with the rules, regulation, and relevant
orders of the Secretary of Labor.
e. The contractor will furnish all information and reports
required by Executive Order 11246 if September 24, 1965, and
by rules, regulation, and orders of the Secretary of Labor,
or pursuant thereto, and will permit access to his books,
records, and accounts by the Federal Transportation
Administration and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules,
regulations, and orders.
f. In the event of the contractor's noncompliance with the
nondiscrimination clauses or this agreement or with any of
the said rules, regulation or orders, this agreement may be
cancelled, terminated, or suspended in whole or in part.
The contractor may be declared ineligible for further
Government contracts of Federally assisted construction
contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, as amended, and
such other sanctions may be imposed and remedies invoked as
provided in Executive Order 11246 if September 24, 1965, or
by rule, regulation, or order of the Secretary of Labor or
as otherwise provided by law.
g. The contractor will include a citation to 42 CFR 60-1 (b)
and (c) and the provisions of paragraphs (a) through (g)
herein, in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary
of Labor issued pursuant to Section 204 of Executive Order
11246 of September 24, 1965, as amended by Executive Order
11375. Such provision shall be binding upon each
subcontractor or vendor. The contractor will take such
action with respect to any subcontractor or purchase order
as the Federal TransportationAdministrationmay direct as a
means of enforcing such provisions, including sanctions for
noncompliance, provided, however, that in the event a
contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of
such direction by the Federal Transportation Administration
may direct as a means of enforcing such provisions,
including sanctions for noncompliance, provided, however
that in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or 'vendor
as a result of such litigation to protect the United States.
EQUAL EMPLOYMENT OPPORTUNITY/CONSTRUCTION CONTRACT SPECIFICATIONS
Standard Federal Equal Employment Opportunity Construction
Contract Specifications (Executive Order 11246):
1. As used in these specifications:
a. "Covered Area": means the geographical area described
in the solicitation from which this contract resulted.
b. "Director": means Director, Office of Federal Contract
Compliance Programs, United States Department of Labor,
or any person to whom the Director delegates authority.
C. "Employer Identification Number": means the Federal
Social Security Number used on the employerfs quarterly
Federal Tax Return, U.S. Treasury Department Form 941. --
d. "Minority" includes:
(i) Hispanic (all persons of Mexican, Puerto Rican,
Cuban, Central or South American or Other.Spanish
culture or origin regardless of race)
(ii) Black (all persons having origins in any of the
black African racial groups not of Hispanic
origin)
(iii) Asian and Pacific Islander (all persons having
origins in any oftheoriginal people of the Far
East, Southeast Asia`, and the Indian subcontinent
or the Pacific Islands); and
(iv) American Indian or Alaskan native (all persons
having origins in any of the original people of
North America and maintaining identifiable tribal
affiliations throughmembership and participation
or community identification).
2. Whenever the Contractor, or any subcontractor at any tier,
subcontracts a portion of the work involving any
construction trade, it shall physically include. in each
subcontract in excess of $10,000 the provision of these'
specifications and the notice which contains the applicable
goals for minority and female participation and which is set
forth in the solicitation from which this contract resulted.
3. If the Contractor is participating (pursuant to 41 CFR 60-
4.5) in a hometown plan approved by the U.S. Department of
Labor in the covered area,.either individually or through an
association, its affirmative action obligations on work in
the plan area (including goals and timetables) shall be in
accordance with that plan for those trades which have unions
participating in the plan. Contractors must be able to
demonstrate their participation in and compliance with the
provisions of any such hometown plan. Each contractor or
subcontractor participating in an approved plan is
individually required to comply with its obligations under
the EEO clause, and to make a,good faith effort to achieve
each goal under the plan in each trade in which it has
employees. The overall good faith performance by other
contractors or subcontractors toward a goal in an approved
plan does not excuse any covered contractorfs failure to
make good faith efforts to achieve the plan goals and
timetables.
4. The Contractor shall implement the specific affirmative
action standards provided in paragraphs (7) (a) through (p)
of these specifications. The goals set forth in the
solicitation from which this contract resulted are expressed
as percentages of the total hours of employment and -training
of minority and female utilization the contractor should
reasonably be able to achieve in each construction trade in
which it has employees in the covered area. Covered
►- construction contractors performing construction work in
geographical areas where they do not have a Federal or
Federally assisted construction contract shall apply the
minority and female goals established for the geographical
area where the work is being performed. Goals are published
periodically in the Federal Register in notice form, and
such notices may be obtained from any Federal Contract
r. Compliance Program Office or from Federal Procurement
Contracting Officers. The contractor is expected to make
substantial uniform progress toward its goals in each craft
.� during the period specified.
5. Neither the provisions of any collective bargaining
agreement, nor the failure by a union with whom the
contractor has a collective bargaining agreement, to refer
either minorities or women shall excuse the Contractor's
obligations under these specifications, Executive Orders
11246 and 11375, or the regulations promulgated pursuant
thereto.
6. In order for the nonworking training hours of apprentices
and trainees to be counted in meeting the goals, such
apprentices and trainees must be employed by the Contractor
during the training period, and the contractor must have
made a commitment to employ the apprentices and trainees at
the completion of their training subject to the availability
of employment opportunities. Trainees must be trained
pursuant to training programs approved by the U.S.
Department of Labor.
7. The contractor shall take specific affirmative actions to
ensure equal employment opportunity. The evaluation of the
Contractor's compliance with these specifications shall be
based upon its effort to achieve maximum results from its
actions. The Contractor. shall document these efforts fully,
and shall implement affirmative action steps at least as
extensive as the following:
a. Ensure and maintain a working environment free of
harassment, intimidation and coercion at all sites, and
in all facilities at which the contractor's employees
?" are assigned to work. The contractor, where possible,
will assign two or more women to each construction
project. The contractor shall specifically ensure
personnel are aware of and carry out the contractor's
obligation to maintain such a working environment, with
specific attention to minority or female individuals
working at such sites or in such facilities.
b. -`Establish and maintain a current list of minority and
female recruitment sources, provide written
notification to minority and female recruitment sources
and to community organizations when the contractor or
its unions have employment opportunities available, and
maintain a record of the organizations' responses.
C. Maintain a current file of the names, addresses and
telephone numbers of each minority and female off -the -
street applicant and minority or female referral
service from a union, a recruitment source or community
organization and -of what action was taken with respect
to each such individual. If such individual was sent
to the union hiring hall for referral and was not
referred back to the contractor by the union or if
referred, not employed by the contractor, this shall be
documented in the file with the reason therefore, along
with whatever additional actions the contractor may
have taken.
d.' Provide immediate written notification to the director
when the union or unions with which the contractor has
a collective bargaining agreement has not referred to
the contractor a minority person or women sent by the
contractor, or when the contractor has other
information that the union referral process has impeded
the contractor's efforts to meet its obligations.
e. Develop on-the-job training opportunities and/or
participate in training programs for the area which
expressly include minorities and women, including
upgrading programs and apprenticeship and trainee
programs relevant to the contractor's employment needs,
especially those programs funded or approved by the
Department of Labor. The contractor shall provide
notice of these programs to the sources compiled under
(7) (b) above.
f. Disseminate the contractor's.EEO policy by providing
notice of the policy to unions and training programs
and requesting their cooperation in assisting the f
contractor in meeting its EEO obligations; by including
it in any policy manual and collective bargaining
agreement; by publicizing it in the company newspaper,
annual report, etc.; by: specific review of the policy
with all management personnel and with all minority and
female employees at least once,a year; and by posting
the company EEO policy on bulletin boards accessible to
all employees at each location where construction work
is performed.
R
g. Review, at least annually, the company's EEO policy and
affirmative action obligations under these
C"
specifications with all employees having any
}
responsibility for hiring, assignment, layoff,
termination or other employment decisions including
�.,
specific review of these items with on -site supervisory
personnel such as superintendents, general foremen,
etc., prior to the initiation of construction work at
any job site. A written record shall be made and
maintained identifying the time and place of these
meetings, persons attending, subject matter discussed,
and disposition of the subject matter.
h. Disseminate the contractor's EEO policy externally by
including it in any advertising in the news media,
specifically including it in any advertising in the
news media, specifically including minority and female
news media, and providing written notification to and
discussing the contractor's EEO policy with other
contractors and subcontractors with whom the contractor
does or anticipates doing business.
i. Direct its recruitment efforts, both oral and written,
to minority, female and community organizations, to
schools with minority and female students and to
minority and female recruitment and training
organization serving the contractor's recruitment area
and employment needs. Not later than one month prior
to the date for the acceptance of applications for
apprenticeship or other training by any recruitment
source, the contractor shall send written notification
to organizations such as the above, describing the
openings, screening procedures, and tests to be used in
the selection process.
j. Encourage present minority and female employees to
recruit other minority persons and women and, where
reasonable, provide after school, summer and vacation
employment to minority and female youth both on the
site and in other areas of the contractor's workforce.
k. Validate all tests and other selection requirements
where there is an obligation to do so under 41 CFR Part
60-3.
t
1. Conduct, at least annually, an inventory and evaluation
r at least of all minority and female personnel for
promotional opportunities and encourage these employees
to seek or to prepare for, through appropriate
�.. training, etc., such opportunities.
m.` Ensure that seniority practices, job classifications,
work assignments and other personnel practices, do not
have a discriminatory effect by continually monitoring
i
all personnel and employment related activities to
ensure that the EEO policy and the contractor's
obligations under these specifications are being
carried out.
n. Ensure that all facilities and company activities are
nonsegregated except that separate or single -user
toilet and necessary changing facilities shall be
provided to assure privacy between the sexes.
o. Document and maintain a record of all solicitations of
offers for subcontracts from minority and female
construction contractors and suppliers, including
circulation of solicitations to minority and female
contractor associations and other business
associations.
p. Conduct a review, at least annually, of all
supervisors' adherence to and performance under the
contractor's EEO policies and affirmative action
obligations.
8. Contractors are encouraged to participate in voluntary
associations which assist in fulfilling one or more of their
affirmative action obligations set forth in paragraphs (7)
(a) through (p). The efforts of a contractor association,
joint contractor -union, contractor community, or other
similar group of which the contractor is a member and
participant, may be asserted as fulfilling any one or more
of its obligations under (7) (a) through (p) of these
specifications, provided that the contractor actively
participates in the group, makes every effort to assure that
the group has a positive impact on the employment of
minorities and women in the industry, ensures that the
concrete benefits of the program are reflected in the
contractor's minority and female workforce participation,
makes a good faith effort to meet its individual goals and
timetables, and can provide access to documentation which
demonstrates the effectiveness of actions taken on behalf of
the contractor. The obligation to comply, however, is the
contractor's and failure of such a group to fulfill an
obligation shall not be a defense for the contractor's
noncompliance.
9. A single goal for minorities and separate single goal for
women have been established. The contractor, however, is
required to provide equal employment opportunity and to take
affirmative action for all minority groups, both male and
female, and all women, both minority and non -minority.
Consequently, the contractor may be in violation of the
Executive Order if a particular group is employed in a --
substantially disparate manner (for example, even though the
contractor has achieved its goal for women generally, the
contractor may be in violation of the Executive Order if a
10. The contractor shall not use the goals and timetables or
affirmative action to discriminate against any person
because of race, color, religion, sex, age, or national
origin.
11. The contractor shall not enter into any subcontract with any
person or firm debarred from government contracts pursuant
to Executive Order 11246, as amended by Executive Order
11375.
12. The contractor shall carry out such sanctions and penalties
for violation of these specification and of the equal
opportunity clause, including suspension, termination and
cancellation of existing subcontracts as may be imposed or
ordered pursuant to Executive Order 11246, as amended, and
its implementing regulations by the Office of Federal
Contract Compliance Programs, Any contractor who fails to
carry out such sanctions and penalties shall be in violation
of these specifications and Executive Order 11246, as
amended.
13. The contractor, in fulfilling its obligations under these
specification, shall implement specific affirmative action
steps, at least as extensive as those standards prescribed
in paragraph (7) of these specification, so as to achieve
maximum results from its efforts to ensure equal employment
opportunity. If the contractor fails to comply with the
requirements of the Executive Order, the implementing
regulation, or these specification, the Director shall
proceed in accordance with 41 CFR 60-4.8.
14. The contractor shall designate a responsible official to
monitor all employment related activity to ensure that the
company EEO policy is being carried out, to submit reports
relating to the provisions herein as may be required by the
Government and to keep records. Records shall at least
include for each employee the name, address, telephone
numbers, construction trade, union affiliation if any,
employee identification number when assigned, social
security number, race, sex, status (e.g., mechanic,
apprentice, trainee, helper, or laborer), dates of changes
in status hours worked per week in the indicated trade, rate
of pay, and locations at which the work was performed.
Record shall be maintained in an easily understandable and
retrievable form; however, to the degree that existing
records satisfy this requirement, contractors shall not be
required to maintain separate records.
4 15. Nothing herein shall be construed as a limitation upon the
application of other laws which establish different
standards of compliance or upon the application of
requirements for the hiring of local or other area residents
(e.g., those under the Public Works Employment Act of 1977
and the Community Development Block Grant Program.)
EEO/CONSTRUCTION CONTRACT NOTICE
Notice of Requirement for Affirmative Action to Ensure Equal
Employment Opportunity (Executive Order 11246),:
1. The offerorfs or bidder's attention is called to the "Equal
Opportunity Clause" and the "Standard Federal Equal
Employment Opportunity Construction Contract Specifications"
set forth herein.
2. a., The goals and timetables for minority and female
participation, expressed in percentage terms for the
contractor's aggregate workforce in -each trade on all
construction work in the covered area, are as follows:
These goals are applicable to all the contractor's
construction work (whether or not it is Federal or
Federally assisted) performed in the covered area. If
the contractor performs construction work in a
geographical area located outside the covered area, it
shall apply the goals established for such geographical
area where the work is actually performed. With regard
to this second area, the contractor also is subject to
the goals for both its Federally involved and
nonfederally involved construction.
b. The contractor's compliance with the Executive Order
and the regulations in 41 CFR Part 60-4 shall be based
on its implementation of the Equal Opportunity clause,
specific affirmative action obligations required by the
specifications set forth in 41 CFR 60-4.3(a), and its
efforts to meet the goals. The hours of minority and
female employment and training must be substantially
uniform throughout the length of the contract, and in
each trade, and the contractor shall make a good faith
effort to employ minorities and women evenly on each of
its projects. The transfer of minority or female
employees or trainees from contractor to contractor or
from project to project for the sole purpose of meeting
the contractor's goals shall be a violation of the
contract, the Executive Order, and the regulations in
41 CFR Part 60-4. Compliance with the goals will be
measured against the total work hours performed.
3. The contractor shall provide written notification to.the
Director of the Office of Federal Contract Compliance
Programs within 10 working days of award of any construction
subcontract in excess of $10,000 at any tier for
construction work under the contract resulting from this
solicitation. The notification shall list the name, address
and telephone number of the subcontractor; employer
f
identification number of the subcontractor; estimated dollar
amount of the subcontract; and the geographical area in
which the contract is to be performed.
4. As used in this notice and in the contract resulting from
this solicitation, the "covered area", is Lubbock, Lubbock
P County, Texas.
DISADVANTAGED BUSINESS ENTERPRISE
1. Policy. It is the policy of the Department of
Transportation that disadvantaged business enterprises as
defined in 49 CFR Part 23 shall have the maximum opportunity
to participate in the performance of contracts financed in
whole or part with Federal funds provided under this
agreement. Consequently, the DBE requirements of 49 CFR
Part 23 apply to this agreement.
2. DBE Obligation. The recipient or its contractor agrees to
ensure that disadvantaged business: enterprises as defined in
49 CFR Part 23 have the maximum opportunity to participate
in the performance of contracts and subcontracts financed in
whole or in part with Federal funds provided under this
agreement. In this regard all recipients or contractors
shall take all necessary and reasonable steps in accordance
with 49 CFR Part 23 to ensure that disadvantaged business
enterprises have the maximum opportunity to compete for and
perform contracts. Recipients and their contractors shall
not discriminate on the basis of race, creed, color,
national origin, age, or sex in the award and performance of
DOT -assisted contracts.
TITLE VI CIVIL RIGHTS ACT OF 1964
Title ;VI Compliance -
�- During the performance of this contract, the contractor, for
t' itself, its assignees and successors in interest (hereinafter
referred to as the "contractor"), agrees as follows:
1. Compliance with Regulations: The contractor shall comply
with the Regulations relative to nondiscrimination in
federally -assisted programs of the Department of
Transportation (hereinafter, "DOT") Title 49, Code of
C Federal Regulations, Part 21, as they may be amended from
time to time (hereinafter referred to as the Regulations),
which -are herein incorporated by reference and made a part
of this contract.
2. Nondiscrimination: The contractor, with regard to the work
performed by it during the contract, shall not discriminate
ti
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on the grounds of race, religion, color, sex, age, or
national origin in the selection and retention of
subcontractors, including procurement of materials and
leases of equipment. The contractor shall not participate
either directly or indirectly in the discrimination
Prohibited by section 21.5 of the regulation, including
employment practices when the contract covers a program set
forth in Appendix B of the Regulations.
3. Solicitations for Subcontracts, Including Procurement of
Materials and Equipment: In all solicitations, either by
competitive bidding or negotiation made by the contractor
for work to be performed under a subcontract, including
procurement of materials or leases of.equipment, each
potential subcontractor or supplier shall be notified by the
contractor of the contractors obligations under this
contract and the Regulations relative to nondiscrimination r--
on the grounds of race, religion, color, sex, age, or
national origin.
4.' Information and Reports: The contractor shall provide all
information and reports required by the Regulations or
directives issued pursuant thereto, and shall permit access
to its books, records, accounts, other sources of
information, and its facilities, as may be determined by the
Recipient or the Federal Transportation Administration (FTA)
to be pertinent to ascertain compliance with such
Regulations, orders and instructions. Where any .information
is required or a contractor is in the exclusive possession
of another who fails or refuses to furnish this information,
the contractor shall so certify to the Recipient, or the
Urban Mass Transportation, as appropriate, and shall set
forth what efforts it has made to obtain the information.
5. Sanctions .for Noncompliance: In the event of the
contractor's noncompliance with the nondiscrimination
provisions of this contract, the Recipient shall impose such
contract sanctions as it or the Federal Transportation
Administration may determine to be appropriate, including,
but not"limited to:
a. Withholding of payments to the contractor under the
contract until the contractor complies, and/or,
b. Cancellation, termination or suspension of the —
contract, in whole or in part.
6. Incorporation of Provisions: The contractor shall include `
the provisions of paragraph (1) through (6) of this section
in every subcontract, including procurement of materials and
leases of equipment, unless exempt by the'Regulations, or -
directives issued pursuant thereto. The contractor shall
take such action with respect to any.subcontract or
procurement as the Recipient or the Federal Transportation
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Administration may direct as a means of enforcing such
provisions including sanctions for noncompliance: Provided,
however, that, in the event a contractor becomes involved
in, or is threatened with, litigation with a subcontractor
or supplier as a result of such direction, the contractor
may request the Recipient to enter into such litigation to
protect the interest of the Recipient, and, in addition, the
contractor may request the services of the Attorney General
in such litigation to protect the interest of the United
States.
This procurement is subject to the Federal Transportation
Administration Buy America Requirements in 49 CFR part 661.
A Buy America Certificate, as per attachment, must be completed
and submitted with the bid. A bid which does not include the
certificate will be considered non -responsive.
A waiver from the Buy America Provision may be sought by the City
of Lubbock if grounds for the waiver exist.
Section 165(a) of the Surface Transportation Act of 1982 permits
FTA participation on this contract only if steel, cement, and
manufacturing products used in the contract are produced in the
United States.
CARGO PREFERENCE
"The contractor agrees:
1. To utilize privately owned United States -flag commercial
vessels to ship at least 50 percent of the gross tonnage
(computed separately for dry bulk carriers, dry cargo
liners, and tankers) involved, whenever shipping any
equipment, materials, or commodities pursuant to this
section, to the extent such vessels are available at fair
and reasonable rates for United States-flag,commercial
vessels.
2. To furnish within 30 days following the date of .loading for
shipments originating within the United States, or within 30
working days following the date of loading for shipment
g originating outside the United States, a legible copy of a
rated, "on -board" commercial ocean bill -of -lading in English
17 for each shipment of cargo described in paragraph (1) above
to the Recipient (through the prime contractor in the case
of sub -contractor bills -of -lading) and to the Division of
National Cargo, office of Market Development, Maritime
Administration, 400 Seventh St. S.W., Washington, D.C.
20590, marked with appropriate identification ofthe
Project.
3. To insert the substance of the provisions of this clause in
all subcontracts issued pursuant to this contract.
CONSERVATION
Contractor shall recognize mandatory standards and policies
relating to energy efficiency which are contained in the State
energy conservation plan issued in compliance with the Energy
Policy and Conservation Act (42 USC Section 6321 et seq.).
CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
REQUIREMENTS
Contractor agrees to comply with all applicable standards,
orders, or requirements issued under Section 306 of the Clean Air
Act (42 USC 1857 (h)), Section 508 of the Clean Water Act (33 USC
1368), Executive Order 11738, and Environmental Protection Agency
regulations (40 CFR, Part 15) which prohibit the use under
nonexempt Federal contracts, grants or loans, of facilities
included on the EPA List for Violating Facilities. Contractor
shall report violations to FTA and to the USEPA Assistant
Administrator for Enforcement (ENO329).
INTEREST OF MEMBERS OF, OR DELEGATES TO, CONGRESS
In accordance with 18 U.S.C. section 431, no member of, or
delegates to, the Congress of the United States shall be admitted
to a share or part of this contract or to any benefit arising
therefrom.
CONFLICT OF INTEREST
No employee, officer, or agent of the grantee shall participate
in selection, or in the award or administration of a contract if
a conflict of interest, real or apparent, would be involved.
Such a conflict would arise when:
a. The employee, officer or agent;
b. Any member of his immediate family;
C. His or her partner; or
d. An organization which employs, or is about to employ,
has a financial or other interest in the firm selected
for award.
r
The grantee's officers, employees or agents shall neither solicit
nor accept gratuities, favors or anything of monetary value from
contractors, potential contractors, or parties of subagreements.
DEBARRED BIDDERS
The Contractor, including any of its officers or holders of a
controlling interest, is obligated to inform the Recipient
whether or not it is or has been on any debarred bidders' list
maintained by the United States Government. Should the
contractor be included on such a list during the performance of
this project, it shall so inform the Recipient. Certification
as per attachment must be completed and submitted with the bid.
A bid which does not include the certificate will be considered
non -responsive.
PROJECT SIGNS
The Contractor shall erect at the site of construction, and
maintain during construction, signs satisfactory to the
Department of Transportation identifying the Project and
indicating that the Government is participating in the
development of the project.
PROTEST/APPEAL PROCEDURES
Protest/Appeal procedures are as follows:
t; 1) Requests for approved equals, clarification of
specifications, protest of specifications, and proposal
protest must be received by the City in writing, not less
r than fifteen full days before date of the scheduled opening
of proposals. Any request for approved equal or protest of
P14 - the specifications must be fully supported with technical
data, test results, or other pertinent information as
i evidence that the substitutes offered is equal to or better
than the.specifications.
r 2) The City's final decision to requests will be postmarked
at least ten full days before the date scheduled for opening
of the proposals.
�-. 3) The Federal Transit Administration (FTA) will only
review protest regarding the alleged failure of the City to
have a written protest procedure or alleged failure to
follow such procedures.
4) If a proposer feels that a protest is necessary, in
compliance with number 3 above, the protestor shall file a
protest with FTA not later than five days after a final
r decision from the City is rendered under the City's
protest/appeal procedures. In instances where the protestor
alleges that the City failed to make a final determination
on the protest, protestors shall file a protest with FTA not
later than five days after the protestor knew or should have
i
known of the City's failure to render a final determination
on the protest. The City will give the protestor the
mailing address of the FTA Regional Office when requested,
for the filing of a protest in accordance with these
guideline. A copy of the FTA protest must be sent to the
City and also must include:
Name and address of protestor.
Identify the City of Lubbock and the proposal
number.
Statement of the grounds for protest and any
supporting documentation with detail of the.
alleged failure to follow protest procedures or
the alleged failure to have procedures, and be
fully supported to the extent possible.
A copy of the local protest filed with the City
and a copy of the City's decision, if any.
5) Following a protest, the City will not make an award of
a contract without consulting FTA for approval.
6) Additional information.on.FTA protest procedures
requirements are outline in FTA Circular 4220.1B. A copy of
this circular can be secured by contacting the City.
General Decision Number TX930028
Superseded General Decision No. TX910028
State: TEXAS
Construction Type:
Heavy
Highway
County(ies):
ECTOR POTTER TOM GREEN
LUBBOCK RANDALL
r MIDLAND TAYLOR
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HEAVY (excluding tunnels & dams) and HIGHWAY PROJECTS (does not
include building structures in rest area projects).
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Modification Number Publication Date
0 02/19/1993
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1
TX9300-S - 1
COUNTY(ies):
ECTOR POTTER TOM GREEN
LUBBOCK RANDALL
MIDLAND TAYLOR
SUTX2037A 11/13/1991
Rates
ASPHALT HEATER OPERATOR
$7.467
ASPHALT RAKER
7.267
ASPHALT SHOVELER
6.400
HATCHING 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
S.148
CONCRETE FINISHER HELPER STRUCTURES
6.987
ELECTRICIAN
10.000
ELECTRICIAN HELPER
9.500
FLAGGER
5.500
FORM BUILDER -STRUCTURES
8.021
FORM BUILDER HELPER STRUCTURES
7.000
FORM SETTER - PAVING & CURB
8.300
FORM SETTER HELPER -PAVING & CURB
6.307
FORM SETTER -STRUCTURES
7.839
FORM SETTER HELPER STRUCTURES
6.479
LABORER -COMMON
6.018
LABORER UTILITY
7.102
MECHANIC
10.282
MECHANIC HELPER
8.000
OILER
8.233
SERVICER
7.823
PIPE LAYER
7.000
PIPE LAYER HELPER
6.250
ASPHALT DISTRIBUTOR OPERATOR
7.972
ASPHALT PAVING MACHINE
8.187
BROOM OR SWEEPER OPERATOR
6.411
BULLDOZER
7.963
CONCRETE PAVING CURING MACHINE
9.100
CONCRETE PAVING FINISHING MACHINE
8.075
CONCRETE PAVING JOINT SEALER
7.750
CONCRETE PAVING SAW
10.063
CONCRETE PAVING SPREADER
9.100
REINFORCING 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, CT_AMSHELL, BACKHOE
DERRICK, DRAGLINE, SHOVEL
1 1/2 C... & OVER
10.043
CRUSHER OR SCREENING PUNNT
Fringes _
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OPERATOR
7.500
FOUNDATION DRILL OPERATOR
CRAWLER MOUNTED
9.000
1
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
C'
MOTOR GRADER OPERATOR
-
FINE GRADE
10.343
MOTOR GRADER
9.835
PAVEMENT MARKING MACHINE
PLANER OPERATOR
9.150
10.458
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ROLLER, STEEL WHEEL PLANT
MIX PAVEMENTS
6.828
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ROLLER, STEEL WHEEL OTHER,
FLATWHEEL OR TAMPING
6.474
ROLLER, PNEUMATIC SELF-PROPELLED
6.455
SCRAPER-17 C.Y. & LESS
7.546
SCRAPER -OVER 17 C.Y.
7.655
SIDE BOOM
6.350
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TRACTOR -CRAWLER TYPE 150 HP
AND LESS
7.290
_
TRACTOR -CRAWLER TYPE OVER
150 HP
10.750
TRACTOR - PNEUMATIC
7.422
REINFORCING STEEL SETTER
PAVING
7.926
REINFORCING STEEL SETTER
STRUCTURES
9.086
REINFORCING STEEL SETTER
HELPER
STEEL WORKER - STRUCTURAL
7.772
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
WELDER
6.891
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
L
as pr.-vided in the labor standards
contract clauses (29 CFR
TX930028 - 3
5.5(a) 1(ii)).
END OF GENERAL DECISION
TX930025 -
General Decision Number TX930015
Superseded General Decision No. TX910015
State: TEXAS
Construction Type:
Building
County(ies):
LUBBOCK
BUILDING CONSTRUCTION PROJECTS (does not include residential
construction consisting of single family homes and apartments up
to and including 4 stories). (Use current heavy & highway
general wage determination for Paving & Utilities Incidental to
Building Construction).
Modification Number Publication Date
0 '02/19/1993
TX930015 - 1
COUNTY(ies):
LUBBOCK
CARP1884A 07/01/1988
Rates
Fringes
CARPENTERS
12.50
2.73
MILLWRIGHTS
13.00
2.73 -
------------------------ ----------------------------------------
ELEC0850A 01/01/1991
_
Rates
Fringes
ELECTRICIANS
----------------------------------------------------------------
13.25
2.50+3.25%
PLUM0629A 06/01/1989
Rates
Fringes
PLUMBERS:
Mechanical contracts
over $150,000
15.00
1.59
Mechanical contracts
$150,000 or less
----------------------------------------------------------------
10.50
1.59
SFTX0669A 04/01/1991
Rates Fringes
SPRINKLER FITTERS 18.20 4.65
----------------------------------------------------------------
SUTX2048A 03/16/1992
Rates
Fringes
ACOUSTICAL CEILING AND DRYWALL
MECHANICS
10.00
.25
BRICKLAYERS
11.74
GLAZIERS
9.50
LABORERS
5.95
LATHERS
11.17
MASON TENDERS
6.25
PAINTERS
10.50
PLASTERERS
11.17
POWER EQUIPMENT OPERATORS:
._
Backhoe
10.50
.42
ROOFERS
9.71
SHEET METAL WORKERS (Including
duct work)
8.80
.69
WELDERS - Receive rate prescribed
for the craft
performing
operation to,which welding is incidental.
----------------------------------------------------------------
-
Unlisted classifications needed for work not included within the
scope of the classifications listed may be added after award only
7
TX930015 - 2
as provided in the labor standards contract clauses (29 CFR
5.5(a) 1(ii)).
END OF GENERAL DECISION
F
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TX930015 - 3
SECTION 1 - RESERVED
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FSECTION 2. DETAILS OF SCOPE OF WORK
This section of the Specifications describes the details of the scope of work required for furnishing and installing new
communications cable, terminal boxes, splice kits, and appurtenances. As part of the required work, the Contractor shall furnish
and install all necessary cable, mounting hardware, boxes, connectors, and incidental materials necessary to provide proper
traffic signal system communications between the City's central computer and the affected intersections.
This section also describes the details of the scope of work required for removal of existing cable, boxes, mounting hardware,
span wire, and appurtenances.
2.1 INSTALLATION OF NEW COMMUNICATIONS CABLE
The Contractor shall furnish and install paired conductor communications cable, as shown in the Plans and Specifications. The
Contractor shall furnish and install all necessary cable, mounting hardware, pole guys, aerial splice kits, terminal boxes, ground
rods, grounding conductors, and all other incidentals necessary for furnishing, installing, and connecting the cable. The
Contractor shall furnish and install protective sleeves on cables that are subject to abrasion by trees or other structures.
2.1.1 Work on Utility Company Facilities
The Contractor will be installing and removing cable from existing utility poles.
The utilities involved are:
Lubbock Power and Light
Southwestern Bell
Southwestern Public Service Company
The Contractor shall be responsible for the execution and coordination of all required utility make-ready work.
When working on utility poles, the Contractor shall conform to all requirements of the utility owner in addition to the other
requirements of the Contract Documents.
2.1.1 Cable Testing
The Contractor, will perform a cable test on the new cable prior to the cutting of the old cable in the presence of and as
directed, by the City of Lubbock, Traffic Engineering Dept. Personnel
` The cable will be tested in its entirety.
When the cable has satisfactorily passed testing as determined by the City, the Contractor shall install the necessary boxes to
their final position on the poles, and begin the splicing procedure as described in Section 2.6, order of Construction.
2.1.3 Cable Splices
The Contractor shall splice the cables at the locations shown on the Plans. No other splices shall be permitted.
Splices in communication cables shall be made using crimped solderless connectors filled with a sealing compound to provide
a moisture -proof splice. Each crimped connector shall be constructed to provide 100 percent positive connectivity between
inserted wire ends. Crimping shall be possible with the use of a hand device without compromising the integrity of the
connection.
2.1.4 Bonding and Grounding
4 Metallic cable sheaths, span wire, and terminal boxes shall be made mechanically and electrically secure to form a continuous
t—
system and shall effectively be grounded.
The communications cable metallic sheath shall be grounded at each cable splice point.
2.2 REMOVE OF EXISTING COMMUNICATIONS CABLE
The Contractor shall remove paired conductor communications cable as shown in the Plans and Specifications. The Contractor
shall remove all cable, boxes, mounting hardware, span wire, and appurtenances. All of the removed materials will become
the property of the Contractor.
2.3 COMMUNICATIONS CABLE SPECIFICATIONS
The Contractor shall provide to the Engineer, no more than two weeks after the date specified in the work order, a certified
report stating that the communications cable which he will provide meets the requirements set forth below. The Engineer will
accept reports on previous lots of communications cable if they are accompanied by a statement from the communications cable
manufacturer that each was manufactured in the same way as the lot which was tested. The costs of all ,such testing and
certification shall be included in the costs of the associated communications cable.
The communications cable shall conform to the requirements of :
• Non -Figure 8: IMSA 19-2 (4 Pair)
• Figure 8: IMSA 19-4 (14 Pair)
The cable shall have AWG #19 solid conductors.
2.4 TERMINAL BOXES SPECIFICATION
The terminal boxes shall be of aluminum or steel, and shall conform to the requirements for NEMA Type 12 enclosures.
The terminal boxes shall have a hinged cover which shall open either up or to the side.
The terminal boxes shall be able to accommodate three (3) two (2) inch (minimum) wire entrance holes with suitable fittings.
The fittings shall contain clamps to hold entering cables firmly. The clamps shall be designed to seal the hole to prevent the
entrance of dust, etc., and an approved pliable sealant shall be used to seal around the cables at the fittings.
The terminal box shall have suitable brackets for use in firmly attaching the box to a wooden utility pole with nails or screws.
Access to the brackets shall not be impaired by the cable fittings and clamps.
The terminal boxes shall be at least 24 inches high by 12 inches wide by 6 inches deep.
Existing boxes may be relocated and reused as appropriate.
2.5 AERIAL SPLICE KIT SPECIFICATION -'
Where shown in the Plans, the Contractor shall furnish and install aerial enclosures for splicing overhead communications cable.
Splice enclosures shall be of polyethylene construction and capable of accommodating at least 12 pair cable. The enclosure —
shall provide easy access to aerial cable, while providing weather protection for the splice.
The enclosure shall have the following overall maximum exterior dimensions: 30 inches long, 10 inches high, and 4 inches
deep. Minimum dimensions of 16 inches long, 6 inches high, and 3.5 inches wide shall be provided for the interior
compartment.
The enclosure over shall be capable of easy removal for splicing the communications cable and easily stored for typical _
maintenance activity such as replacement of interior termination blocks or cable diagnostics.
r
The voice communication pair shall be connected using crimp splices within the enclosure.
Each crimp connector shall be constructed to provide 100 percent positive connectivity between inserted wire ends. Crimping
shall be possible with the use of a hand device without compromising the integrity of the connection.
The aerial enclosure shall be capable of being installed while enclosing the overhead supporting messenger strand. Once
installed, the enclosed messenger strand and communications cable shall appear as one unit under the splice cover.
Bonding and grounding of the splice enclosure shall be accomplished through attachment to the messenger support strand.
Cable binding posts shall be configured to allow up to three -wire conductors each.
2.6 BOXES
2.6.1 Pull Boxes
Where pull boxes are required by these Specifications or any included Plans, the contractor shall furnish and install either
concrete pull boxes or metal pull boxes at his option. Box covers shall be embossed with the words "Traffic Signal" in 3/4"
(minimum) letters. These shall conform to the following requirements.
2.6.2 Metal
Metal boxes shall conform to the requirements of any included Plans. They shall be fabricated of cast iron.
2.7 ORDER OF CONSTRUCTION
Certain portions of the work described by these Plans and Specifications must be completed in a certain order of occurrence
and within a specified time. This is required to minimize the down time of the traffic signals affected by this project.
Before the Contractor can cut the old cable and splice to the new cable, the new cable must be tested by the Contractor at the
direction and acceptance by the City. This would require the Contractor to have all of the new cable and terminal boxes
installed and the cable spliced as required. After the cable passes testing, the Contractor shall follow the schedule of cutting
and splicing as follows:
1. Notify the City to place all traffic signals on affected in standby.
2. Cut existing Cables A, B, and F at the ends terminal boxes (leave enough cable to bring into the bottom to
the new terminal box).
3. Splice the new cables to the existing Cables A, B and F cables.
4. Notify City of completion so the City can bring the controllers back on-line to verify proper operation of the
new cable.
c
5. Remove old cable.
The Contractor shall complete Steps 2 through 4, listed above, in an amount of time such that the traffic signals will be off-line
(no communication link) for a period of time that includes only one p.m. peak traffic period. One p.m. peak traffic period is
defined as Monday through Friday, 4:00 p.m. to 6:00 p.m.
For example, the Contractor may do the work beginning on Tuesday at 6:00 p.m., but must be complete by 4:00 p.m. on
Thursday.
2.8 GENERAL CONSTRUCTION REQUIREMENTS
This article sets forth various general requirements for construction of the work and for safety and public convenience. All
of these requirements are incidental to the work and no direct payments will be made for this work. The costs of all these
requirements shall be included in the costs of the applicable bid items:
In each instance, the Contractor shall furnish and install all necessary equipment, material, concrete, safety items, and labor to
perform the required work.
2.8.1 Restoration of Areas
The Contractor shall restore to their original conditions, all sidewalks, street surfaces, curbs, curbs and gutters, driveway aprons,
grassed areas, and walls which are damaged in any way by his work, whether the damage was necessary or unnecessary. The
Contractor shall bear the cost of all such restoration.
A. Sidewalk Restoration - Damaged sections of sidewalk shall be completely replaced. A section of sidewalk
is defined as the entire area of the sidewalk between expansion joints and/or scored or sawed construction
joints. However, if a section of sidewalk is wider than six (6) feet, the Contractor may saw it in half
longitudinally and replace only the damaged half. In all cases, the material and texture of the restored
sidewalk shall, insofar as practical, match the existing adjacent sidewalk. Restoration shall be accomplished
within seven (7) calendar days after the damage originally occurred.
B. Driveway Apron - Damaged sections of driveway aprons shall be completely replaced. A section of driveway
apron is defined as the entire area of the driveway apron between expansion joints and/or scored or sawed
construction joints. in al cases, the material and texture of the restored driveway apron shall, insofar as
practical, match the existing adjacent driveway apron. Restoration shall be accomplished within seven (7)
calendar days after the damage originally occurred.
C. Curbs and Curbs and Gutters Damaged sections of curbs and of curbs and gutters shall be completely
replaced. A section of curb or of curb and gutter is defined as the entire portion between expansion joints.
The style and shape of the curb or curb and gutter shall match the style and shape of the existing curb or curb and gutter and the material and texture shall be the same insofar as practical. Restoration shall be
accomplished within seven (7) calendar days after the damage occurred.
D. Streets Surfaces - Damaged street surfaces shall be prepared by the Contractor for restoration by the City
within seven (7) calendar days after the damage occurred. This preparation shall consist of neatly sawing the
edges of the area to be restored, as approved by the Engineer, and backfilling the area with suitable material
as directed by the Engineer. No zig-zag edges will be permitted. The City shall repair the pavement as —
required by City ordinances and practices. The City will bill the Contractor for this service at the current
rates. Payment for this service shall be made by the Contractor to the City within thirty (30) days after
receipt by the Contractor of the invoice for the service. No payments will be made by the City to the
Contractor for work on this project as long as the Contractor has outstanding obligations in this regard which
are beyond this 30-day period.
E. Grassed Areas - Damaged grassed areas shall be restored to their original levels and contours. The top one
inch of soil shall be raked, shall be free of large stones and debris, and shall be suitable for seeding. The
Contractor shall seed or sod the area with the same type of grass as exists surrounding the area. Restoration
shall be accomplished within fifteen (15) calendar days after the damage occurred.
F. Walls - Damaged walls shall be restored in a manner approved by the Engineer. Such restoration shall be
neat and, insofar as practical, shall be accomplished in a manner which conceals the fact that damage
occurred. Restoration shall be accomplished within fifteen (15) calendar days after the damage concurred.
2.8.2 Damage to Traffic Signals
In the event that the activities of the Contractor damage any portion of a traffic signal installation, the Contractor shall
n
e�
Cimmediately notify the Engineer and shall immediately repair or replace such damaged item(s) as directed by the Engineer.
Alternatively, as determined by the Engineer upon such notification, the City will repair or replace the damaged item and will
�•• bill the Contractor. The Contractor shall pay the City for this service within thirty (30) days after receipt of the City's invoice.
No payments will be made by the City to the Contractor for work on this project as long as the Contractor has outstanding
obligations in this regard which are beyond this 30-day period.
2.8.3 Public Safety
The Contractor shall furnish, install, an maintain necessary barricades, lights, flashers, signs, flagmen, fences, and other devices
to prevent accidents and damage or injury to the public and to property whenever the Contractor's operations create a hazardous
condition for vehicular or pedestrian traffic, or to the public in general. The Contractor shall notify the Engineer at least 24
hours prior to creating such conditions. Flagmen shall be provided with the necessary equipment and shall not be assigned other
duties at the same time as they are assigned to warn of or direct the public around or through such hazards. All equipment
and materials used to fulfill the requirements of this paragraph shall be kept clean and in good repair by the Contractor. The
Contractor shall conform to all similar requirements contained in the Standard Specification for Construction of Highways,
Streets, and Bridges, published by the Texas SDHPT. All traffic control devices shall conform to the requirements of Part VI
of the 1980 Texas Manual on Uniform Traffic Control Devices for Streets and Highways.
In the event the Contractor appears neglectful of satisfying the above requirements, the Engineer may call the Contractor's
attention to the existence of a hazard. The Contractor shall then immediately provide the necessary protection. Failure to the
Engineer to point out such conditions shall not relieve the Contractor of his responsibility to provide adequately for the safety
of traffic and of the public in general.
The Engineer shall have the authority to stop the Contractor from proceeding with work at any location where. a hazardous
condition is not adequately protected in the judgement of the Engineer. Such action by the Engineer shall not entitle the
Contractor to any additional compensation, or justify a claim for any additional compensation at contract time.
2.8.4 Public Convenience
The Contractor shall conduct his work in a manner which minimizes inconvenience and obstruction to the public. All public
traffic shall be permitted to pass through the work area with minimal delay unless otherwise noted.
In order to minimize public inconvenience, the Contractor shall not have under construction more than he can reasonably and
effectively control at one time.
Adverse effects on abutting property owners shall be minimized in accordance with the requirements of the Standard
Specifications for Construction of Highways, Streets, and Bridges, published by the Texas SDHPT. Intersection roadways and
driveways shall be maintained open to traffic unless otherwise noted or approved by the Engineer.
Any spillage of material by the Contractor on any public street or sidewalk shall be removed by the Contractor immediately.
The Contractor shall not perform any work which, in the judgement of the Engineer, will adversely affect traffic or the
operation of any traffic signal between the hours of 7:00 am. and 9:00 am. and between the hours of 4:00 p.m. and 6:00 p.m.
F
SECTION 3 - POWER REQUIREMENTS
The contractor will perform all work necessary and/or shown on the plans to insure service power is provided to the control
combined at Avenue H and Broadway. Power is the be provided by L.P. & L.
FTRAFFIC CONTROL DEVICE WORK MEASUREMENT AND PAYMENT
7 GENERAL
F
F
F
The unit price bid on each item, as stated in the proposal, shall include furnishing all labor, superintendence, machinery,
equipment, and materials, except materials specified to be furnished by others, necessary or incidental to complete the
various items of work in accordance with the plans and specifications. Cost of work or materials shown on, or which can
be reasonably inferred from the plans or the intent thereof, or called for in the specifications on which no separate payment
is made shall be included in the bid prices on the various pay items. The bid items listed on the proposal will be the only
pay items on this project, unless the contract documents are revised by addendum or change order. All quantities for
payment shall be determined by the OWNER'S REPRESENTATIVE.
1. LUMP SUM AND PER EACH QUANTITIES
Lump sum and per each quantities shall be measured for the actual quantity of the bid item specified as it is finally
constructed in place. The lump sum quantity shall include all items that are required to complete that item for the
use that it was intended and shall be full compensation for the furnishing and placing of all materials and incidentals
to the completion of the item specified, removing and disposing of all obstructions noted on the plans or as become
necessary; and for furnishing and placing all materials, and for all manipulations, labor, tools, equipment and
incidentals necessary to the completion of the work as herein specified.
2. FINAL CLEANUP
The Contractor shall make a final cleanup of all parts of the work to the approval of the City Engineer before final
acceptance will be made by the City. Any costs that may be associated with this final cleanup shall be included as
a part of the unit prices bid for the various items of work. No direct compensation will be made separately for the
final cleanup.
MP-1
TYPICAL
PULL
BOX
CAST IRON FULL BOX
----12.50' — -�� 1.25'
1.00,
6.25' R
31
6.19' R-
'�i«i►i�a
--1.75'
n•J
WEN
1.508
j+
vet � � �.se•-'18.00' 3.00'
NOTES
1. TW GALVANIZED LIFT [YES PER COVER REQUIRED.
Q. VRASS 'L' ROLTS A411 NUTS IN DIAGONAL CORNERS.
TVO RCOUIRED.
3. COVER TO K EMBOSSED 'TRArrTC SIGNALS'.
4. MI. BOX TO BE INSTALLED ON A BED OF CRUSHED
STONE HAVING A HINIML04 DCPIM Q I2 INCICS
DCLOv TF+C COTTON Or THE PULL DOx
CITY OF LUBBOCK
PILL BOX DETAIL
TYPICAL INSTALLTION
•-- — owe
..
MAP IN FILE
SEE
RESOLUTION
BLOCK 135
o OFFICE SLOG. 9 a ` ORIGINAL TOWN OF LUBBOCK
�� I ,o 25 25 25 25 2s ,� 25' 25 z CITIBUS DOWNTOWN TRANSFER PLAZA
I
26 25'
1716
h
N
N
N
N
N
66w
I- 'o _0 _0
BROADWAY
0
loo, 25' 25 25 25 25' 20 25 25 25 25 25 IOC' 25 25 25 25' 25 2C 25 25' 25' 25 25' 75 25' 25' 2
1 2 3 4 5 W 2019 18 17 16 (� 1 2 3 4 5 20 19 IS 17 16 LL_ 1 2;
LEGEND=
d-sox SCALE: I °= 100'
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il 7 14 cv 7 f - EXISTING UNDERGROUND CABLE CONDUIT
W �a " " N I " N Ds - SERVICE DROP FOR SIGNAL �� AT
III
8 13 N N 8 13 N N ! BROADWAY AND AVENUE H
w N 9 12 N N 9 12 N N < J-BOX - EXISTING ON WOOD POLES
U 0 - EXISTING POWER POLES
lob' N 10,25 125' I I N 100 N 10 125' 125' 11 to
N 75' N Ic — — - PROPOSED UNDERGROUND CABLE- I CABLE, 4 pr.
--- • -- - PROPOSED OVERHEAD CABLE - 3 CABLES,14 pr. ea.
3 t h � ST ® - PROPOSED PULL BOX
1 - EXISTING PULL BOX
-Bo
lold 1 125 125 20 -4 _ 1a `V125 125 20N75N N
N 2 19 1% \. N 2 19 N
N 3 18 IV N 3 18 N N
N 4 W N 4(7 N w N
5 t0 -i0 5
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6
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W
N 7 14 N N 7 14 N W N
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a a
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.42918��
J•BOX :.
14 t h S7�.-r
J-BOX NEW POLE
IO N I125 0 125 20 -,o 100 I125 2O 125 20 N 75 N
N N TRAFFIC CABLE
0 7 IQ ',c "D i to .� i--%r t /1 r% A T I /1 A l nt A A I