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HomeMy WebLinkAboutResolution - 4311 - Contract - Birchwood Construction - Concrete Repairs, Citibus - 11_11_1993Resolution No. 4311 November 11, 1993 Item 1.E 18 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 and all related documents by and between the City of Lubbock and Birchwood Construction of Levelland, Texas to furnish and install all materials as bid for the Concrete Repairs at Citibus for the City of Lubbock, which contract is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council th' ATTEST: ettyvM'. Jo-hition, City Secretary APPROVED AS TO CONTENT: ictor i ma PurchasihgNanager APPROVED AS TO FORM: tv"ia u. vanciver, ttrs Assistant City Attorney DGV:dpWenda #3\Birchwod.Rea Hovember 2, 1993 CITY OF LUBBOCK SPECIFICATIONS FOR CONCRETE REPAIRS BID #12724 1 r CITY OF LUBBOCK. � � Lubbock, Texas 1' City of Lubbock P.O. Box 2000 Lubbock. Texas 79457 BOB-767-2167 a a Office of Purchasing MAILED TO VENDOR: October 12, 1993 CLOSE DATE: October 27, 1993 AT 2 P.M. AFB #12724 - CONCRETE REPAIRS ADDENDUM # 1 Please modify or amend Contract Documents as follows: 1. Please find enclosed the plans/drawings referred to as Attachment "G" of the Specifications. All requests for additional information or clarification concerning this AFB should be submitted in writing and directed to Ron Shuffield, Senior Buyer. PLEASE RETURN ONE COPY WITH YOUR BID TH YOU, Ron Shuffie Senior Buyer CITY OF LUBBOCK SPECIFICATIONS for TITLE: CONCRETE REPAIRS (CITIBUS) ADDRESS: 801 TEXAS AVENUE LUBBOCK, TEXAS BID NUMBER: 12724 PROJECT NUMBER: 2171-552101-4511 CONTRACT PREPARED BY: Purchasing Department 1. 2. 3. 4. 5. 6. 7. B. 9. 10. 11. 12. INDEX PAGE NOTICETO BIDDERS..........................................................................................5 GENERALINSTRUCTIONS TO BIDDERS............................................................................7 BIDPROPOSAL - BID FOR LUMP SUM CONTRACTS.................................................................15 PAYMENTBOND..............................................................................................21 PERFORMANCEBOND..........................................................................................25 CERTIFICATEOFINSURANCE..................................................................................29 CONTRACT..................................................................................................33 GENERALCONDITIONS OF THE AGREEMENT.......................................................................37 CURRENT WAGE DETERMINATIONS...............................................................................55 SPECIFICATIONS............................................................................................57 SPECIAL CONDITIONS........................................................ ....59 ............................ NOTICEOF ACCEPTANCE......................................................................................61 '" 1 1� NOTICE TO BIDDERS P!OO l NOTICE TO BIDS B I D # 12724 Sealed bids addressed to Ron Shuffield, Senior Buyer, City of Lubbock, Texas, will be received at the office of the Purchasing Manager, Municipal Btdg., 1625 13th St., Room L-04, Lubbock, Texas, 79401, until 2:00 o'clock p.m. on the 27th day of October, 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: CONCRETE REPAIRS (CITIBUS) After the expiration of the time and date above first written, said sealed bids will be opened by the 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 Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written. The City of Lubbock will consider the bids on the 11th day of November, 1993, at Municipal Bldg., Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond and payment bond in accordance with Article 5160, Vernon's Ann. Civil St., in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000.00. Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior, as the rating of the bond company is a factor that will be considered in determination of the lowest responsible bidder. If the contract price does not exceed $25,000.00 the said statutory bonds will not be required. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) 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 wort: 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 the Purchasing Manager for the City of Lubbock, Lubbock, Texas. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained r' therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner 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 against on the grounds of race, color, sex, disability, or national origin in consideration for an award. There will be a pre -bid conference on 21st day of October, 1993, at 10:00 o'clock a.m., Conference Room 108, 1625 13th Street, Lubbock, Texas. The City of Lubbock does not discriminate againstpersons with disabilities. City of Lubbock pre - bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the Purchasing Department at (806) 767-2167 (Monday -Friday, 8:00 - 5:00 p.m.) or 1625 13th Street Room L-04 at Least 48 hours in advance of the meeting. CITY F LUBBOCK Ron Shuffield SENIOR BUYER I u r ADVERTISEMENT FOR BIDS BID # 12724 Sealed bids addressed to Ron Shuffield, Senior Buyer, Purchasing Department, City of Lubbock, Texas, will be received at the Purchasing Office, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401 until 22^00 o'clock p.m. on the 27th day of October, 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: CONCRETE REPAIRS (CITIBUS) After the expiration of the time and date above first written, said sealed proposals will be opened in the office of the Buyer and publicly read aloud. The plans, specifications, proposal forms and contract documents may be examined at the office of the Purchasing Manager for the City of Lubbock, Texas. Attention of each bidder is particularly called to the Schedule of General Prevailing Rate of Per Diem Wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, Texas. Each bidder's attention is further directed to the provisions of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning such wage scales and payment by the contractor of the prevailing rates of wages as heretofore established by the City of Lubbock. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. There will be a prebid conference on 21st day of October, 1993, at 10:00 o'clock: a.m., Personnel Conference Room 108, Municipal Building, 1625 13th Street, Lubbock, Texas. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons regardles s of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the Purchasing Department at (806) 767-2167 (Monday -Friday, 8:00 - 5:00 p.m.) or 1625 13th Street, Room L-04 at least 48 hours in advance of the meeting. z LUBBOCK Ron Shuffield ' Senior Buyer GENERAL INSTRUCTIONS TO BIDDERS ri I GENERAL INSTRUCTIONS TO BIDDERS SCOPE OF WORK The contractor shall furnish ell labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with contract documents for the CONCRETE REPAIRS, 801 Texas Avenue, Lubbock, Texas. 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 It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. 4. TIME AND ORDER FOR COMPLETION The construction covered by the contract documents shall be fully completed within 45 (forty-five) calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. The Contractor will be permitted to prosecute the work in the order of -his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so sub- mitted, the City may direct the Contractor to take such action as the City deems necessary to insure comple- tion of the project within the time specified. 5. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 6. AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements 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 these 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 specifications for materials and methods set forth in the contract documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project. 8. GUARANTEES All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 9. PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents 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 specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 10. PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed Jobs of a similar nature to the one covered by the proposed contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement 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 the Texas Limited Sales, Excise and Use Tax Act. The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. F* 12. PROTECTION OF SUBSURFACE LINES AND STRUCTURES rIt 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 durfrig the construction of the project r.. 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 shalt 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 rContractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. P 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 permissionisobtained for the use of explosives, the Contractor shall assume full responsibility for all damage which may occur as a 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. M. INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and 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 contain an agreement on the part of the insurer waiving the right to subrogation. The insurance certificates furnished shall name the City as an additional insured and shall further state that all subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from the _ Contractor to the effect that no work on this particular project shall be subcontracted. 17. LABOR AND WORKING HOURS Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages Included in these contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention _ is further directed to the requirements of Article 5159a, Vernon's Annotated Civil 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: (1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. (2) Delays in construction are due to factors outside the control of the 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. In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 18. PAYMENT OF 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 each 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, or Engineer, 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 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 is included 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. r 19. PROVISIONS CONCERNING ESCALATOR CLAUSES Poposals 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 1 correctly filled in and the bidder shall state the price both in words and numerals, for which he proposes to do the work contemplated or furnish the materials 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 the 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 withdrawn 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 (if any). (h) Specifications. (i) insurance Certificates. (j) 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. r k BID PROPOSAL V F BID PROPOSAL LUMP SUM CONTRACT PLACE: 801 TEXAS AVENUE, LUBBOCK, TEXAS 7 DATE• �T tL-7 IC., (f� �. PROJECT NUMBER: 12724 - CONCRETE REPAIRS (CITIBUS) t Proposal of �A LA3 CoNA S I�c-u C (hereinafter cal led 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 a — l.JJ p i1 S �N�1-fM1C I' l .c 1 Gl i rz i 4-A—c-ei-c- having carefo ly examined the plans, specifications, instructions to bidders, notice to bidders and all other re- lated contract documents and the site of the proposed work, and being familiar with all of the conditions surround- ing the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifica- tions and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. BID ITEM #1 - ALCOVE 1 MATERIALS:t 1 dL SERVICES: •'! Uv%L� TOTAL BID TEM #1:"'1�� T4�@JS4�,�t BID ITEM #2 - CONCRETE DRIVES t (1 CC MATERIALS:4""a 1 �'G3 s (S •� �• t L ) ►i i SERVICES: V- TOTAL BID ITYM #2• � ��� � TOTAL MATERIALS: 1,4a J•►^ u � �l ✓ (S �� L� 0 ) TOTAL SERVICES. J_US 0 (S T ' &'�2 ) "^ TOTAL BID (ITEMS 1 8 2): =t'Y� `4-0054_r CTq�' �. (Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of ,the Owner stipulated in the specifications and to fully complete the project within 45 consecutive and other contract documents. Bidder hereby further calendar days thereafter as agrees to pay to Owner as liquidated damages the sum of $100.00 (ONE HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents 7 M Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with instructi( number 20 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. - The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he h bid; as provided in the contract documents. Enclosed with this proposal is a Cashier's check or certified Check for L�S Dollar ($ 10W L ) or a Proposal Bond in the sum of A14 Dollars (S ), which it is agreed shall be collected and retained by the Owner as Liquidated damages in the event the proposal is accepted by the Owne and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bo shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. (Seal if Bidder is a Corporation) 0 LIST OF SUBCONTRACTORS This form shall be completed and submitted with the Bidderls'Pr000sal Minority Owned Yes No S2. 3. 1). or,.-:�c)e�.- C—.s,, 4. 5M LnrZS- X 6. 7. 8. 9. 10. I 6. soft CERTIFICATE OF INSURANCE CERTIFICATE OF INSURANCE {PRODUCER I BLEDSOE INSURANCE AGENCY 5143-69TH STREET P. 0. BOX 65028 LUBBOCK, TX. 79464-5028 ,806-794-8686 FAX NO: 806-794-92761.113-CODE INSURED BIRCHWOOD CONSTRUCTION, INC. IP. 0. BOX 8241 LEVELLAND, TX. 79338 F 7 COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, ■. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ISSUE DATE (MM/DD/YY) 11-18-93 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE COMPANY A LETTER TRINITY INSURANCE COMPANY COMPANY e LETTER COMPANY C LETTER COMPANY D LETTER COMPANY E LETTER { CO TYPE OF INSURANCE POLICY NUMBER LTR POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/OD/YY) DATE (MM/DD/YY) ALL LIMITS IN THOUSANDS GENERAL LIABILITY GENERAL AGGREGATE i 500, �A X COMMERCIAL GENERAL LIABILITY GLA5793922 10-15-93 10-15-94 PRODUCTS-COMP/OPSAGGREGATE $ 500, CLAIMS MADE XX OCCUR. PERSONAL & ADVERTISING INJURY $ 500, OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE $ 500, X $ 250.00 PD. DED. FIRE DAMAGE (Any one fire) $ 50, I I MEDICAL EXPENSE (Any one person) $ 5, AUTOMOBILE LIABILITY COMBINED IiINGLE $ ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY $ i SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON -OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY $ DAMAGE EXCESS LIABILITY EACH AGGREGATE OCCURRENCE $ S I OTHER THAN UMBRELLA FORM STATUTORY WORKER'S COMPENSATION $ 100, (EACH ACCIDENT) A AND 071CZ22559699 10— 15— 93 10-15-94 $ 500, (DISEASE —POLICY LIMIT) EMPLOYERS' LIABILITY $ 100, (DISEASE —EACH EMPLOY OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS CONCRETE CONSTRUCTION OPERATIONS CERTIFICATE HOLDER CANCELLATION CITY OF LUBBOCK P. 0. BOX 2000 LUBBOCK, TX. 79457 ATTN: RON SHEFFIELD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAII01 0 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 VND UPON THE COW?ANY, ITSiAGENTS OR REPRESENTATIVES. AUTHORIZED REFRESANTATIVE r" ACORD 25-S (B/BS) /� ©ACORD CORPORATION l9E CONTRACT CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 11th day of November. 1993, 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 BIRCHWOOD CONSTRUCTION of the City of LEVELLAND, County of HOCKLEY, and the State of'TEXAS, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #12724 - CONCRETE REPAIRS AT CITIBUS IN THE AMOUNT OF $19,998.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, Labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted 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 have executed this Texas in the year and day first above written. ATTEST: 1,=`tt - ATTEST: Corporate Secretary I� GENERAL CONDITIONS OF THE AGREEMENT J GENERAL CONDITIONS OF THE AGREEMENT i. OWNER Whenever the word owner, or the expression Party of the First Part, or First Party, are used in this contract, it —^ shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or the expression Party of the Second Part, or second Party, is used, it shall be understood to mean the person, persons, co -partnership or corporation, to -wit: BIRCHWOOD CONSTRUCTION who has agreed to perform the work embraced in this contract, or to his or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owener's Representative or representative is used in this contract, it shall be understood as referring to ANNE WHITEHOUSE, CITIBUS ADMINISTRATIVE ASSISTANT, City of Lubbock, under whose supervision these contract documents, including the plans and specifications, were prepared, and who will inspect constructions; or to such other representative, supervisor, or inspector as may be authorized by said owner to act in any particular under this agreement. Engineers, supervisor or inspectors will act for the owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or men acting in behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Proposal, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for his Inspection in accordance with the Notice to Bidders. 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words A 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 or satisfactory to the Owner's Representative. 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 beydeemed to have been duty 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. PM 8. 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 well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contertg3lated 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 The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense to him and he shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress of quality of the executed r, 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 onsite 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 onsite 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 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 be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him, his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY ti 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 and to discourage'litigation, it is further agreed that the Owner's Representative shall, in all cases, determine the _ amounts and quantities of the several kinds of work which are to be paid for under this contract. He shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The Owner's _ Representatives's estimates and findings shall be conditions precedent to the right of the parties hereto to arbitration or to any action on the contract, and to any rights of the Contractor to receive any money under this contract; provided, however, that should owner's Representative render any decision or give any direction, which in the opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party 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 the party appealing. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within six (6) days make written appeal to the Owner's Representative for his decision. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE' The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in his absence and all directions given _ to him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of his agents or employees, or any other persons performing any of the work. r 17. CONTRACTOR'S UNDERSTANDING rIt is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and i location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, r and the general and local conditions, and all other matters which in any way effect the work under this contract. p No verbal agreement or conversation with any officer, agent, or employee of the Owner, either before or after the y 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 Owner'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's 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 sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever work is in preparation or progress. Contractor shalt ascertain the scope of any �.. observation which may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any work found to be defective or'not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Observer has previously accepted the work through oversight or otherwise. If any work should be covered without approval or consent of the Owner, it u, 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 in such j event owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. r If any work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals _ shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approval, and any work which meets the requirements of any such tests or approval but does not meet the requirements of the contract documents shall be considered defective. Such defective work shall be corrected at the Contractor's expense. Neither observations by the Owner 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 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 Owners' 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, forthwith 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 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 Mork. 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 ell extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the actual field cost of the work, plus fifteen (15%) per cent. l In the event said extra work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workmen's Compensation and all other insurances as may c be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to L be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of 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 to be paid to Contractor shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by 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 as to the payment therefore, and the owner's Representative insistsupon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided raider 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 agreed that it is the intent of this contract that all work described in the proposal, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these " contract documents as interpreted by Owner's Representative. If the Contractor finds any discrepancies or omissions in these plans, specifications, or contract documents, he should notify the Owners' 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 r specifications. it is further understood that any request for clarification must be submitted no later than five k days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate,of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. r 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 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 carriers 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 or damages received or sustained by any person or persons or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in 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 judgment 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 the Owners 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 hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. 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 $500,000 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury (with exclusion "c" waived) 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 and or property damage, $500,000 Combined Single Limit. ki e C. Comprehensive Automobile Liability Insurance . The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, 5500.000 Combined Single Limit, to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned 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 $500,000 with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. F. Worker's Compensation and Employers 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 $500,000 G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at r' the address shown in the bid specifications. t (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. 29. DISABLED EMPLOYEES 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 in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and priviliges 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 suppliers, including commissary, incurred in the furtherance of the performance of this _ contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness. Any and all communications between any party under this paragraph must be in writing. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or Owner thereof. The Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the owner harmless from any loss on account thereof, except that Owner shall defend all such _ suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harmless from any loss on account thereof. If the material or process specified or required by Owner is an infringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner effect the contract or the work, and shall indemnify and save harmless the owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners' Representative in writing and any necessary changes shall be — adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the owner's Representative, he shalt bear all costs arising therefrom. I The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though i embodied herein. 33. ASSIGNMENT AND SUBLETTING The Contractor further agrees that he will retain personal control and will give! his personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the, Contractor from his full obligations to the owner, as provided by this contractual agreement. 34. TIME FOR COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the owner, that the date of beginning and time for completion as specified in the contract of work to be done hereunder are essential conditions of this p 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. 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 part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum �+ of $100.00 (One Hundred) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as f herein set forth for each and every calendar day that the Contractor shall be in default after the time stipulated i for completing the work. It is expressly understood and agreed, by and between 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. G The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sustain, and the amount is agreed to be damages the Owner would sustain and shall be retained by the Owner from current periodical estimates for payments or from final payment. It is further agreed and understood between the Contractor and Owner that time is; of the essence of this contract. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the proposals; provided, also, that when the Owner is having other work done, either by contract or by his own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, 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. 36. EXTENSION OF TIME The Contractor agrees that he has submitted his proposal in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 33 hereinabove set forth and that he shall not be entitled to, nor will he request, an extension of time on this contract, except when his work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the owner, or by changes ordered in the work, or by strike, walkouts, 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 for such an extension as requested by Contractor. The Owners 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 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 hereinafter 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 judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. OUANTITIES 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 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 materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or 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 claim 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 the delivery of 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 I� r" 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 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, try affidavit 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 price shall constitute a waiver of all claims against Owner which have not theretofore been timely filed as provided in this contract. 47. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment. Owner's Representative shall review said application for partial payment and the progress of the work 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. I 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 r Representative pay a reasonable and equitable portion of the retained percentage due Contractor. 43. FINAL COMPLETION AND ACCEPTANCE Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that the work has been completed or substantially completed, the Owner's Representative and the! owner shall inspect the work and within said time, if the work be found to be completed or substantially completed in 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 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 contractor required in the specifications made a part of this contract. 45. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK Contractor shall promptly remove from Owners' 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 any such 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 reasonable promptness. 47. PAYMENT WITHHELD The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss an 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 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 Owners' 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. — F 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 arbiter: 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. Should the other party fail to choose an arbiter within ten (10) days, the Owner's Representative shall appoint such arbiter. Should either party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the arbiters are empowered by both parties to take Ex Parte Proceedings. The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract, unless either or both parties shall appeal within ten (10) days from date of the. award by the arbiters, and it is hereby agreed that each party shall have the right of appeal and all proceedings shall be according to and governed by Arbitration Statutes of Texas, being Article 224, et seq., Vernon's Annotated Civil Statutes. THE DECISION OF THE ARBITERS UPON ANY QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT SHALL BE A CONDITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION. The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sustained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The arbiters shall fix their own compensation, unless otherwise provided by agreement, and shall assess the costs and charges of the arbitration upon either or both parties. The award of the arbiters must be made in writing and shall not be open to objection on account of the form of proceedings or award. 50. ABANDONMENT BY CONTRACTOR in case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written !- notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the orders of the Owner's Representative, when such orders are consistent with this contract, this Agreement, or the Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another I 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 use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for within ten (10) days after service of such notice, then the owner may provide for completion of the work in either of the following elective manners; Poo (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 the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been r" payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or F ( his Surety shall pay the amount of such excess to the Owner; or 1 (b) The Owner, under sealed bids, after notice published as required by law, at least twice 1n 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 Representative 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 ease 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 complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release 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 prices stated in the the attached proposal, the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the whole work to completion, and which cannot be utilized. The owner's Representative shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this Agreement, and shall certify same to the Owner who shalt pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this Agreement. 52. BONDS The successful bidder shall be required to furnish a performance bond and payment bend in accordance with Article 5160, Vernon's Annotated Civil Statutes in the amount of 100% of the total contract price, in the event said contract price exceeds $25,000.00. If the contract price does not exceed $25,000.00, the statutory bonds will not be required. All bonds, if required, shall be submitted on 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 the 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 shall have the right to observe Contractor's work during his performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an 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 work room clean or its equivalent. The work shall be left in goad order and condition. in case of dispute Owner may remove the debris and charge the cost to the Contractor. r CURRENT WAGE DETERMINATIONS G r I General Decision Number TX930028 Superseded General Decision No. TX910028 State: TEXAS Construction Type: Heavy Highway County(ies): ECTOR POTTER TOM GREEN LUBBOCK RANDALL MIDLAND TAYLOR V HEAVY (excluding tunnels & dams) and HIGHWAY PROJECTS (does not include building structures in rest area projects). Modification Number Publication Date 0 02/19/1993 . TX930028 - 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 BATCHING PLANT WEIGHER 9.799 CARPENTER 8.153 CARPENTER HELPER 6.881 CONCRETE FINISHER -PAVING 7.496 CONCRETE FINISHER HELPER PAVING 6.500 CONCRETE FINISHER STRUCTURES 8.148 CONCRETE FINISHER HELPER STRUCTURES 6.987.. ELECTRICIAN 10.000 ELECTRICIAN HELPER 9.500 FLAGGER 5.500 FORM BUILDER -STRUCTURES 8.021 FORM BUILDER HELPER STRUCTURES 7.000 FORM SETTER - PAVING & CURB 8.300 FORM SETTER HELPER -PAVING & CURB 6.307 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 MACHI14E 6.500 SLIPFORM MACHINE OPERATOR 9.000 CRANE, CLAMSHELL, BACKHOE DERRICK, DRAGLINE, SHOVEL LESS THAN 1 1/2 C.Y. 8.574 CRANE, CLAMSHELL, BACKHOE DERRICK, DRAGLINE, SHOVEL 1 1/2 C.Y. & OVER 10.043 CRUSHER OR SCREENING PLANT Fringes T};930028 - 2 F OPERATOR 7.500 FOUNDATION DRILL OPERATOR CRAWLER MOUNTED 9.000 FOUNDATION DRILL OPERATOR TRUCK MOUNTED 10.750 FOUNDATION DRILL OPERATOR HELPER 7.050 FRONT END LOADER - 2 1/2 C.Y. t & LESS 7.458 FRONT END LOADER - OVER 2 1/2 C.Y. 7.669 HOIST - DOUBLE DRUM 8.100 MOTOR GRADER OPERATOR FINE GRADE 10.343 MOTOR GRADER 9.835 PAVEMENT MARKING MACHINE 9.150 PLANER OPERATOR 10.458 ROLLER, STEEL WHEEL PLANT MIX PAVEMENTS 6.828 ROLLER, STEEL WHEEL OTHER, FLATWHEEL OR TAMPING 6.474 ROLLER, PNEUMATIC SELF-PROPELLED 6.455 SCRAPER-17 C.Y. & LESS 7.546 SCRAPER -OVER 17 C.Y. 7.655 ro SIDE BOOM 6.350 TRACTOR -CRAWLER TYPE 150 HP AND LESS 7.290 TRACTOR -CRAWLER TYPE OVER 150 HP 10.750 TRACTOR - PNEUMATIC 7.422 �- REINFORCING STEEL SETTER PAVING 7.926 REINFORCING STEEL SETTER STRUCTURES 9.086 r I REINFORCING STEEL SETTER HELPER 7.772 STEEL WORKER - STRUCTURAL 9.000 � STEEL WORKER HELPER STRUCTURAL 6.250 SPREADER BOX OPERATOR 7.332 BARRICADE SERVICER WORK ZONE 6.500 r- TRUCK DRIVER -SINGLE AXLE LIGHT 6.592 TRUCK DRIVER -SINGLE AXLE HEAVY 6.791 TRUCK DRIVER -TANDEM AXLE SEMI TRAILER 7.130 t TRUCK DRIVER-LOWBOY/FLOAT 8.868 TRUCK DRIVER -TRANSIT MIX 6.891 WELDER 11.827 WELDER HELPER ---------------------------------------------------------------- 8.290 rIUnlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR I e 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 r COUNTY(ies): LUBBOCK CARP1884A 07/01/1988 Rates Fringes CARPENTERS 12.50 2.73 MILLWRIGHTS 13.00 2.73 ----------------------------------------------------------=----- ELEC0850A O1/01/1991 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. ---------------------------------------------------------------- f'" Unlisted classifications needed for work not included within the .i scope of the classifications listed may be added after award only r (f TX930015 - 2 as provided in the labor standards contract clauses (29 CFR 5.5(a) 1(ii)). END OF GENERAL DECISION TX930015 - 3 SPECIFICATIONS CITIBUS REQUEST FOR BIDS GARAGE DRIVEWAY AND ALCOVE REMOVAL AND ISTALLATION Citibus Garage and Alcove Installation FTA Requirements FTA GUIDELINES AND REGULATIONS This project is in part funded by the Federal Transit 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.C. 1601 et. seq. * Surface Transportation Assistance Act of 1982, as amended. * Americans with Disabilities 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 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 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 1 R.. 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 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 employers payroll record accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a) (1) (11) of 29 CFR 5.5 and the Davis -Bacon poster r (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 determinationand 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: r- !' (a) The work to be performed by the classification requested is not performed by a classification �. in the wage determination; and (b) The classification is utilized in the area by the construction industry; and r- (c) The proposed wage rate, including any bona fide fringe benefits, bears a' reasonable r* relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or ` their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action 2 Citibus Garage and Alcove Installation FTA Requirements 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 r3 7 may require the contractor to set aside in a separate !' account assets for the meeting of obligations under the plan or program. r 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 4 Citibus Garage and Alcove Installation FTA Requirements the plan or program has been communicated in writing to the laborers or mechanics affected, and 'records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. Reference attached Wage Scale for hourly rates. b. (1) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the grantee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 5.5 (a) (3) of regulations, 29 CFR Part 5. This information may be submitted in any form desired, optional form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005-00014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (2) Each payroll submitted shall be accompanied by a "Statement of Compliance", signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: a. That the payroll for the payroll period contains the information required to be maintained, under Section 5.5 (a) (3) (i) of regulations, 29 CFR Part 5 and that such information is correct and complete. b. That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in regulations, 29 CFR Part 3. 5 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) (ii) '(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 18 and Section 231 of Title 31 of the United States Code. C. The Contractor or subcontractor shall make the records required under paragraph (a) (3) (1) 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 6 Citibus Garage and Alcove Installation FTA Requirements 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 worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage,,rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality 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 Tess 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 7 r- than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the 'approved program for the trainee's level of progress, expressed as a percentage of the journeyman's hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and hour Division determines that there is an apprenticeship program associated with the corresponding journeyman's wage rate on the wage determination for the classification of work actually performed. In addition any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. C. Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act Requirements. The contractor shall comply with the requirements of 18 U.S.C. 874 and 29 CFR Part 3, which are incorporated by reference. This act provides that each contractor or subgrantee shall be prohibited from inducing, by any means any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 6. Contract Termination: Debarment. A breach of the contract clauses in 29 CFR Section 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29',CFR Section 5.12. 7. Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and related acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference. S. Disputes Concerning Labor Standards. Disputes arising out of the general disputes clause of this contract shall not be 8 Citibus Garage and Alcove Installation FTA Requirements 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 Act or 29 CFR Section 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C.;Section 1001. 10. Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any work week in which, he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such work week unless such laborer or mechanic received compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such work week, whichever is greater. 11. Violation; Liability for Unpaid Wager; 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 9 I Q. permitted to work in excess of eight hours or in excess of the overtime wages required by the clause set forth in subparagraph (b) (1) of 29 CFR Section 5.5. 12. Withholding for Unpaid Wages and Liquidated Damages. DOT or the recipient shall upon its own action or upon, written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract which is held by the same prime contractor, such sums as may determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (b) (2) of 29 CFR Section 5.5. 13. Section 107 of C.W.H.S.S.A. is applicable to construction work and provides that no laborer or mechanic shall be requested to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to 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. Nonconstruction Grants. The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the recipient shall require the contracting officer to insert in any such contract a clause: providing that the records to be maintained under this paraLgraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of DOT and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. r" 15. 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 r subcontractor to include 'these clauses in any lower tier subcontracts. The prime contractor shall be responsible for r,. 10 I Citibus Garage and Alcove Installation FTA Requirements compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs 1. through 15. of this paragraph. See attached Wage Scale for compliance with the Davis -Bacon Act. TITLE VI CIVIL RIGHTS ACT OF 1964 Title VI Compliance During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor"), agrees as follows: 1. Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in federally - assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of FederalRegulations, 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 on the grounds of race, religion, color, sex, age, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the regulation, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for. Subcontracts, Including Procurement of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, religion, color, sex, age, or national origin. 4. Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, 11 7— d 5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the City of Lubbock shall impose such contract sanctions as it or the Federal Transit 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 City of Lubbock or the Federal Transit 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. DISADVANTAGED BUSINESS ENTERPRISE 1. Policy. It is the policy of the Department of Transportation r. 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 12 Citibus Garage and Alcove FTA Requirements Installation 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. BUY AMERICA PROVISION This procurement is subject to the Federal Transit Administration Buy America Requirements in 49 CFR part 661. A Buy America Certificate, Attachment B, 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 [Recipient) 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. EBARRED BIDDERS The Contractor, including any of its officers or holders of a controlling interest, is obligated to inform the City of Lubbock 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. The bidder must complete the Debarment and Suspension Certificate, Attachment C. PROTEST/APPEAL PROCEDURES Protest/Appeal procedures are as follows: 1) Request for approved equals, clarification of specifications, protest of specifications, and proposal protest must be received by the City in writing, not less than fifteen full days before date of the scheduled opening of proposals. Any request for approved equal or protest of the specifications must be fully supported with technical data, test results, or other pertinent information as 13 r I evidence that the substitutes offered is equal to or better than the specifications. 2) The City's final decision to requests will be postmarked at least ten full days before the date scheduled for opening of the proposals. 3) The Federal Transit Administration (FTA) will only review protest regarding the alleged failure of the City to have a written protest procedure or alleged failure to follow such procedures. 4) If a proposer feels that a protest is necessary, in compliance with number 3 above, the protestor shall file a protest with the FTA not later than five days after a final decision from the City is rendered under the City's protest/appeal procedures. In instances where the protestor alleges that the City failed to make a final determination on the protest, protestors shall file a protest with the FTA not later then five days after the protestor knew or should have 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 guidelines. A copy of the FTA protest must be sent to the City and also must include: - Name and address of the 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 the FTA for approval. 6) Additional information on FTA protest procedures requirements are outlined in FTA Circular 4220.1B. A copy of this circular can be secured by contacting the City. 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.). 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. 14 Citibus Garage and Alcove Installation FTA Requirements CONFLICT OF INTEREST No employee, officer, or agent of the grantee shall, participatein 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 abouttoemploy, has a financial or other interest in the firm selected for award. 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. TERMINATION a. Termination for Convenience The City of Lubbock may terminate this contract, in whole or in part, at any time by written notice to the Contractor. The Contractor shall be paid its costs, including contract close- out costs, and profit on work performed up to the time of termination. The Contractor shall• promptly submit its termination_ claim to the City, of Lubbock to be paid the Contractor. If the Contractor has any property in its possession belonging to the City of Lubbock, the Contractor will account for the same, and dispose of it in the manner the City of Lubbock directs. b. Termination for Default If the Contractor does not deliver supplies in accordance with _ the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City of Lubbock may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which -the Contractor is in -- default. The contractor will only be paid the contract price 15 for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the City of Lubbock that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City of Lubbock, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for a, convenience. c. Termination for Cost -Type Contracts The City of Lubbock may terminate this contract, or any portion of it, by serving a notice of termination on the Contractor. The notice shall state whether the termination is for convenience of the City of Lubbock or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the City of Lubbock or property supplied to the Contractor by the City of Lubbock. If the termination is for default, the City of Lubbock may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the City of Lubbock, and the parties shall negotiate the termination settlement to be paid the Contractor. If the termination is for the convenience of the City of Lubbock, the Contractor shall be paid its contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination. If, after serving a notice of termination for default, the City of Lubbock determines that the Contractor had an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the contractor, the City of Lubbock, after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. 16 M ATTACHMENT A CITIBUS r" BUY AMERICAN CERTIFICATE FOR GARAGE DRIVEWAY AND ALCOVE INSTALLATION 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 SIGNATURE TITLE or The bidder hereby certifies that it cannot comply with the requirement of Section 165 (a) of the Surface Transportation Act of 1982, but it may qualify for an exception to the requirements pursuant to Section 165 (a) of the Surface Transportation Assistance Act and regulations at 49 CFR 661.7. DATE SIGNATURE TITLE ATTACHMENT B CITIBUS DEBARMENT AND SUSPENSION CERTIFICATE FOR DRIVEWAY AND ALCOVE INSTALLATION The bidder hereby certifies that it will comply with the requirements of the Department of Transportation regulations "Governmentwide Debarment and Suspension (Non procurement)" 49 CFR Part 29. DATE SIGNATURE TITLE or The bidder hereby certifies that it cannot comply with the requirements of the Department of Transportation regulations "Government Debarment and Suspension (Nonprocurement)11 pursuant to 49 CFR Part 29. DATE SIGNATURE TITLE ATTACHMENT C CITIBUS CONTRACTORfS COMPLIANCE WITH AMERICANfS WITH DISABILITIES ACT Certification of compliance with the requirements of the American"s with Disabilities Act and the implementation guidelines established by the Department of Transportation. The bidder hereby certifies that the proposed signs complies with the requirements of the Americans with Disabilities Act and guidelines for public transportation facilities established by the Department of Transportation. DATE SIGNATURE TITLE r F rr CONCRETE DRIVE WAY REPAIRS General These specifications describe the removal and construction details for two of Citibus' commercial driveways. The work shall consist of removing the existing drives and replacing them with new installed drives. The contractor shall perform all work in accordance with the technical requirements of these! specifications and all rules, regulations, and requirements of the city of Lubbock. All materials supplied by the contractor shall conform to the contractor's standard units and be free of manufacturing and installation defects. The workmanship employed shall ne of the best quality and to the highest standards of commercially accepted practice for the class of work and shall result in a neat finished appearance. The contractor will remove and install the two drives in full f accordance with all applicable local, state, and federal regulations, laws, and codes. It shall be the contractor's responsibility to prosecute the work in such a way as to exercise due care to locate conduits, or other underground structures which might or could be damages by the contractor in performing the work of the project enclosed in this document. All such underground r. lines or structures cut or damaged by the contractor shall be repaired by the contractor to the satisfaction of the City at the contractor's expense. Locations Locations of where the work is to be done can be found in Attachment D1 and D2. Attachment D1 and D2 shows where each driveway is located, and what the specifications for installing the new driveways will be. Each drive is to be removed and installed at separate times. An acknowledged Citibus representative will instruct the contractor as to when to begin the construction of each drive and give the final approval of the work when it is completed. Attachment E provides detailed engineering specifications regarding the City of Lubbock's paving and concrete specifications. Equipment and Materials The contractor will supply all materials necessary in order to complete the removal and installation of these two drives. All materials used in construction must be compliance with what is mentioned in Attachment F. It is important for the contractor to make sure that in the process of removing the north and south driveways the absolutely no breakage, chipping, and damage of any kind is done to the center driveway. The middle drive must remain 1 in the same condition as how it was when the contractors began their work. Both of the new drives" level must be consistent with the remaining center drive. The contractor will be completely responsible and held accountable for any damage to City of Lubbock property that might be done during construction. The contractor will also be responsible for providing all workers and other necessary tools for the construction of the project. Driveway Specifications See Attachment D1 and D2. ADA Requirement The area of each driveway that is parallel with the adjacent sidewalk must be in ADA compliance with a continuous slope of 1:50. For further, details regarding this please consult. the Transportation Implications of the Americans with Disabilities Manual. Schedule The contractor will submit a tentative schedule. The schedule will include the date at which the contractor will begin work, the total number of days each drive will take, and a tentative finishing date. All work on the both drives must be fully complete in three (3) weeks. Payment Contractors are responsible for giving Citibus details regarding the cost it will take in supplies, labor, and time to remove and install the two drives. A breakdown of the bid proposal must be completely filled out prior to bid openings. Invoices for completed driveway work will be accepted at the rate of one per month. Any,invoices received prior to the end of the month, will be paid on or by the loth of the following month. Citibus will make payment for the drives on a per drive basis. 2 V i CONCRETE ALCOVE CONSTRUCTION General These specifications describe the construction details for Citibus' garage alcove. The work shall consist of building an alcove around a generator inside the Ctibus maintenance garage`. The contractor shall perform all work in accordance with the technical requirements of these specifications and the enclosed blue prints. The project that the contractor is to complete in these specifications is "PROJECT TWO" on the blue prints. All materials will be supplied by the contractor and shall conform to the contractor's standard units and be free of manufacturing and installation defects. The workmanship employed shall be of the best quality and to the highest standards of commercially accepted practice for the class of work and shall result in a neat finished appearance. The contractor will construct and install the alcove in full accordance with all applicable local, state, and federal regulations, laws, and codes. It shall be the contractor's responsibility to prosecute the work in such a way as to exercise due care to locate conduits, or other underground or electrical structures which might or could be damages by the contractor in performing the work of the project enclosed in this document. All such underground or electrical lines or structures cut or damaged by the contractor shall be repaired by the contractor to the satisfaction of the City at the contractor's expense. Location The location of where the work is to be done can be found in Attachments G1 and G2. Attachments G1 and G2 have explicit instructions as to where the alcove will be located, and what the specifications for installing the alcove will be. An acknowledge Citibus representative will instruct the contractor as to when to begin the construction of the alcove and give the final approval of the work once completed. Equipment and Materials The contractor will supply all materials necessary in order to complete the construction and installation of the alcove. All materials used in this construction must be in compliance with those mentioned in Attachment F. The construction of the new alcove must be done so that it is consistent with the current Citibus surroundings. The contractor will be completely responsible and held accountable for any damage to City of Lubbock property that might be done during construction. The contractor will also be responsible for providing all workers and other necessary tools for the construction of the project. 3 Alcove Svecifications See Attachment G1 and G2. Schedule The contractor will submit a tentative schedule.- The schedule will - include the date atwhich the contractor will begin work, the total number of days it will take to complete the alcove, and a tentative finishing date. All work on the alcove must be fully complete in two (2) weeks. Payment Contractors are responsible for givingCitibus details regarding the cost -it will take in supplies, labor, and time to remove and install the alcoves. Invoices for completed alcove work will be accepted at the rate of one per month. Any invoices received prior to the end of the month, will be paid on or by the loth of the following month. 0 11- 47,7244 trW-7SfAldf ATTACHMENT Dl #1 461�w oe 22�Xys _.5- ;A1 ATTACHMENT D2 A 6V7,el"65 oo 04UMOV4 �/'af I1��1` 1 �`�I � it �ii �r�r ! r �ty J� J+ i.x� �.' ,; • �i M.4. 9A, 15 PAYER P 7*6 PRI've J 7b i,r x -oi LA Wr p I/Ty 9147-7-C re #146, pakriog or Cr rf rell) Po 'Over AlOV611 ),If V 7W PV9p AaA "Pills 72':;!!XA--5- -:rreF� Ir ATTACHMENT E City of Lubbock, Texas i Traffic Engineering Department • Revised November, 1992 r t 8 1. . r f P� q i 4 1' b i r DRIVEWAY STANDARD! PLATE NO. '1' PROPERTY LINE _ _ / R/V PROPERTY LINE VISIBILLITY TRIANGLE It/Y. in Li— W R O R A C ISLANII So SO. rT. MIK AREA IF uSED SEE OTHER DETAIL SHEET FOR CURS RAMP IDimension Reference I Residential Commercial Industria Width W one-way 12' is, 20, two-way - minimum 12, 30' 40' two-way - maximum 30' 40' 50, r- Minimum Radius R 5' 15' 20' Minimum Spacing from property line P R R R+5' r from street corner C A+R A+R A+R +! (50' min.) .(50' min. between driveways S 3' 3' 10' Minimum Angle D 45 deg. 1 45 deg. 30 deg. f-uum f-uui Jiuc-vv�-ALV +'Iw+•L, t + ",v` BI A A Property line t I I 4 sidewalk I \ FIRE HYDRANT. POWER'POLE.1 8 MUST HAVE EXPANSt7r JOINT Expansion joints spaced 3C max. ENCLOSED IN CONCRETE. NOTE: all expansion joints to be 3f47 NOTE: Maintain constant gutter flow line (No stole) SECTION A -A Contraction markings V2 way through, Expansion joint. slab at 4 intervals. ;o•!' 4min. thickness ofsisidewalk. T - . SECTIONS B-B - (RESIDENTIAL) - Variable — 4 sidewalk 2 - 0. td­ ---- _ tl'•� min. thickness No.4 bar 2** from sidewalk in center of slab. Curb removed. (BUSINESS) 2' $Inn4 as I • a` Variable — - - -_—4.sidewalk IL -- "min. thickness � 6 on No. 4 bar 2" from sidewalk commercial driveway A ,n center of slab. and sidewalk. 6x6 10/10 wire mesh Curb and gutter completely centered in slab. C removed and construct Commercial Oriveway Gutter. as shorn on plate No. 4 Reinforced gutter section to be poured seperate from ` driveway. NOTE: See other Plates for F Curb Ramp details ` November,1992 �.. SIX FOOT CURB -BACK SIDEWALK • 8 �` � / sidewalk.. line __.J r•� - �I� PRE M CRANT• PowER POLE, ETC. MUST HAVE EXPANSION J0114T WHEN ENCLOSED 0 CMICRETE. I.. •• l c, • Espms,on joints i, 1 •. See frontal view below • e Expansion joints spaced 36 max. NOTE: All expansion joints to be 3/4" NOTE: fiAointan constant gutter flow line. (No scale) t, SECTION A -A Contraction markings V2 way through Expansion joint flab at intervals. / } s 4" min. thickness d • Ito •• •. of sidewalk. I SECTIONS B-B (RESIDENTIAL) • b sidewalk, � --•-- -� Vb►1abIP .._ ._... —r, i .. * ••• 1. _ ..._ •• j 4 •min. thickness Curb mmoved. No. 4 bar 2" from sidewalk G Incenl,lr of slab. (BUSINESS) Inner cc • requlrec fi sidewalk -Variable 1 6- min. thickness on commerclai dtrvew 3y IN sidewul4, • 'il o•%; 64 10/10 wire mesh centered Jn slab, - Curb and gutter completely removed and ' ♦ construct Commercial Orivewoy Goiter, as Shown on plate Nn 4 -s�'— P"+ LX Reinforced gutter section to be ! pouraa seperate from driveway. NOTE: See other FRONTAL. Plates for VIEW --- - 71 Curb Ramp details , F F • 4' •' f2R TYPE A 3•Rp•_ �. —1 Down Curb Section 1�-0,. 1�-6" TYPE .0 2. R R Down Curb Section • • 4 a 4 - - 9 11 /16" I' -a 5/16" NOTE: CONTRACTOR MAY USE EITHER OF THE ABOVE SECTIONS •E- 9 11/16, TYPE C 1 I 4• • 4 •3. � ''` ; ti Tie ' e .1.1�''.�--- 12 • e a : I •�„ ` J -TTI �—U 9 II/16" 1- 8 u 5/16" NOTE: REINFORCED GUTTER SECTION WILL BE CONSTRUCTED WITH THREE NO. ' 3 � BARS RUNNING THE ENTIRE LENGTH OF THE DRIVEWAY SECTION AND THE THREE HORIZONTAL BARS WILL BE SUPPORTED WITH THREE N0. 3 0 DOWEL BARS 12 INCHES IN LENGTH AND ON 6 FOOT CENTERS. LOCATIONS AS REQUESTED BY THE CITY ENGINEERS. TYPICAL CURB & GUTTER SECTIONS s 011 C NA i-A-CT r ATTACHMENT F r" MATERIALS OF CONSTRUCTION F 1. GENERAL The following paragraphs give the specifications on the various materials which are to be used in this project. On minor items a certificate from the manufacturer may be required, certifying that the material or equipment meets the specifications for such material as specified herein. All materials shall be subject to the approval of the Engineer before being used. 2. CONCRETE A. Cement Cement shall conform to "Standard Specifications and Test for Portland Cement," A.S.T.M. Serial Designation C150, Type I and Type III, and shall be an approved brand. B. Aggregate Description Concrete aggregates shall consist of natural, washed and screened sand, and washed and screened gravel or clean crushed stone conforming to "Standard Specification for Concrete Aggregate," A.S.T.M. C-33-39 and Item No. 360 of the Texas State Highway Specifications. Coarse aggregate for Class "C" Concrete Street Paving shall be crushed limestone (Brownwood Type). The aggregate shall be well graded from coarse to fine and shall be free from injurious amount of clay, soft or flaky materials, loam or organic impurities. All aggregate shall be approved by the Engineer before use. Maximum size of aggregate shall be 1- 1/2 inches. Aggregate for concrete construction proposed to be used in this project shall have a loss not to exceed 18% when subjected to 5 cycles of the Magnesium Sulfate soundness test A.S.T.M. C-88-76. Stockpiles The location of all stockpiles of aggregate: shall be approved by the Engineer prior to unloading( as to zoning requirements, smoothness and compaction of the ground, and traffic conditions. Stockpiles of aggregate to be incorporated into the project shall be protected from dust IV-1 by drift fences of any suitable material approved by the Engineer, when sandstorm possibilities exist. Care will be taken to prevent dusty conditions in the stockpile area from any sources. C. Water Water shall be clean, clear, free from oil, acid or organic matter and free from injurious amounts of alkali, salts or other chemicals. D. Concrete Materials Test Pre -Construction Tests The contractor will submit test certificates from an approved commercial laboratory on all aggregates proposed for use on this work. Tests should be made approximately 20 days before beginning the concrete operation. The contractor will submit in advance of construction the mix design and the result of compression tests made by a commercial laboratory. These will be made on each type of concrete mix design proposed for use on this project. Tests shall be made on 6 cylinders for each mix, 3 tested in 3 or 7 days, 3-tested at 7 or 28 days. Additional tests shall be furnished if, material source,is changed or if concrete used varies from the original design. The Engineer shall approve the mix design after the pre - construction tests have been completed. Construction Tests Tests of the aggregates and the concrete will be made by the Engineer during construction to determine conformity with the specifications. Test cylinders will be made in accordance with the Method of Making and Curing Concrete Compression and Flexure Test Specimens in the Field (ASTM Designation C-31). The specimens shall be cured under standard moisture and temperature conditions in accordance with requirements of ASTM C-31. Strength tests shall be made, in general, for each day's run, or for each 50 cubic yards of concrete if a days run _ greatly exceeds this amount, but these tests may be made entirely at the discretion of the Engineer. Strength tests on Class "C" Concrete 'shall be made for approximately each 30 cubic yards, or every third `truck on each day's run. The _ IV-2 F u, �i costs of all such testing will be borne by the City but the Contractor shall cooperate in securing and storing samples and shall furnish all materials required for sampling. r., A strength test shall consist of five standard test cylinders made from a composite sample obtained in accordance with the requirements of ASTM Designation C-172. Two of the cylinders shall be tested at 3 or 7 days and at 7 or 28 days. The fifth cylinder shall be held available for subsequent testing, if determined necessary by the Engineer. The test result shall be the average of the two 7 r- or 28 day specimens, except that, if one specimen in the test shows manifest evidence of improper sampling, molding, or testing, it shall be discarded and the remaining two strengths averaged. Should more than one specimen representing a given test show definite defects, due to improper sampling, molding or testing, the entire test shall be discarded. The result of the 7 or 28 day strength tests shall be used as the basis for accepting or rejecting the concrete represented. The results of the 3 or 7 day strength tests will be compared with the 3 or 7 day strength of the preconstruction test cylinders for the type and slump of the concrete being produced. Should the 3 or 7 day strengths indicate a deficiency in the 7 or 28 day strengths, the Engineer may require a temporary change in proportions to correct such deficiency. Such change shall remain in effect until the 7 or 28 day strength of the material in question is determined, at which time the change shall become permanent or shall be rescinded, depending upon the results of the 7 or 28 day test. The engineer shall record the concrete and the exact each load represented by a E. Concrete Design the delivery ticket number for location in the work at which strength test is deposited. Concrete conforming to these specifications may be "Ready Mix" but transporting vehicles shall be operated such as to insure delivery and placement in forms without loss or segregation of ingredients and within one hour of mixing time. Concrete will be mixed continuously during transit. IV-3 Mix Design All concrete for curb and gutter, valley gutters, fillets and alley stubs, alley slabs, drainage channels, inlet boxes, headwalls, and medians shall have 5% air entrainment (±1-1/2% tolerance). The concrete mix design shall be based on water -cement ratio, and shall be as follows for the different classes of concrete. Minimum Sacks Max. Gal Max. Slump Class Cement per C.Y. Water per sack in inches A 5 6.5 4 C 6 6 3 E 5.5 5.5 3 F 6 5.5 2 The concrete mix design for the different classes shall also be such that the compressive and flexural strength for each class shall not.be less than the followings Minimum Average for Class any test 3 day 7 day beam strength 28 day A --- 2100 --- 3000 C --- 3000 600 3600 E 2500 3000 --- --- F 2900 3500 --- --- Any concrete failing to meet these strength requirements or air content shall be removed and replaced. Low Strength Concrete Any class of concrete incorporated in any part of the project which does not meet the strength requirements specified above, shall be considered low strength concrete. Low strength concrete shall be removed and replaced at the expense of the Contractor. The Engineer shall determine the exact limits of any low - strength concrete required to be removed and replaced under the provisions of this paragraph. The methods to be used in removing and replacing such concrete hall be approved by the Engineer. IV-4 F F. Classification Unless otherwise shown on the plans: Class A concrete III. shall be used for curb and gutter, drainage channels, medians, inlet boxes, headwalls and sidewalks; Class C concrete shall be used for concrete paving and valley gutters constructed in thoroughfare and collector streets; Class E concrete shall be used for valley gutters on streets other than thoroughfares and collectors and for _ alley returns, alley paving and reinforced gutter sections; Class F concrete is used for railroad sections. G. Mixing All aggregates shall be accurately weighed or measured by volume. The concrete shall be mixed in an approved batch mixer equipped with an accurate water measuring tank, and shall be mixed for one and one-half minutes after all material is in the mixer. "Ready Mixed" or "Transit Mixed" concrete may be used. If used it shall conform to these specifications and the "Standard Specifications for Ready Mixed Concrete," A.S.T.M. Serial Designation C94-38 and Item No. 502 of the Texas State Highway Specifications. After mixing, the concrete shall be transported to the forms in a manner which will prevent separation or segregation of the aggregates and shall be placed without undue delay. It shall be deposited as nearly as practicable in its final position in order to avoid rehandling or flowing of the concrete. No water shall be added to the concrete to facilitate finishing. H. Curing Compounds Compounds used to form an air tight membrane over fresh concrete surface for curing purposes shall conform to Item 526, Texas State Highway Specifications and "A.S.T.M." Serial Designation C-309. 3. REINFORCING MATERIALS A. Wire Mesh Wire mesh reinforcing shall conform to "Standard Specifications for Welded Steel Fabric for Concrete Reinforcement" ASTM Designation A-185. Mesh reinforcement shall be of the size shown on the plans. All reinforcement shall be permanently marked with grade identification marks or shall, on delivery, be accompanied IV-5 by a manufacturer's guarantee of grade and compliance with these specifications. Reinforcement stored on the site shall be protected from accumulations of grease, mud or other foreign matter and from rust producing conditions and shall be free from rust, scale, oil, mud or structural defects when incorporated into alley slab, or valley gutters. B. Bar Reinforcing Reinforcing steel to be used on this project shall conform to A.S.T.M. Designation A-432 and shall be deformed to A.S.T.M. 305 requirements unless otherwise shown on the plans. C. Fiber Reinforcement (1) The fiber used shall be 100 per cent virgin polypropylene collated, fibrillated fibers specifically manufactured for use as concrete reinforcement, containing no reprocessed olefin materials. (2) The physical characteristics of the fiber to be used is as follows: Specific Gravity - 0.91; Tensile Strength 70 to 110 ksi; Length of fibers - 1/211. (3) Fibrous concrete reinforcement materials provided by this section shall produce concrete conforming to the requirements for each type and class of concrete listed in Section 4-2-E. Quantities to be used shall conform to manufacturer's recommendations, unless otherwise directed by the Engineer. 4. JOINT MATERIAL A. Expansion Joint Materials Bituminous premolded expansion joint material shall conform to Item No. 420.2 (a) of the Texas State Highway Department Specifications. Expansion joints shall be placed as shown on the plans or as directed by the Engineer. - B. Joint Sealing Material Joint sealing material shall be W.R. Meadows SOF-SEAL or approved equivalent IV-6 r SPECIAL CONDITIONS r t' r i .. NOTICE OF ACCEPTANCE TO: The City of Lubbock, having considered the proposals submitted and opened on the _day of 199_, for work to be done and materials to be furnished in and for: as set forth in detail in the specifications, Plans, and Contract Documents for such work for the City of Lubbock; it appearing that your proposal is fair, equitable and to the best interest of said City, please take notice that said proposal was accepted by the City Council of the City of Lubbock on the day of ! 199_ at the bid price contained therein, subject to the execution of and furnishing of all contract documents, bonds, certificates of insurance, and all other documents specified and required to be executed and furnished under the contract documents. It will be necessary for you to execute and furnish to the City of Lubbock all such documents within ten (10) days from your receipt of this Notice. The five percent (5%) bid security, submitted with your proposal, will be returned upon the execution of such contract documents and bonds within the above specified ten (10) day period. In the event you should fail to execute and furnish such contract documents and bonds within the time limit specified, said bid security will be retained by the City of Lubbock. CITY OF LUBBOCK Owner's Representative Page is too large to OCR. Page is too large to OCR.