HomeMy WebLinkAboutResolution - 3646 - Contract - Tom's Tree Place - Treescape Program, Guadalupe Neighborhood - 06_13_1991Resolution No.
June,13, 1991
Item #33
3646
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RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract by and
between the City of Lubbock and Tom's Tree Place for Guadalupe Treescape Pro-
gram at the Guadalupe Neighborhood, attached herewith, which shall be spread
upon the minutes of the Council and as spread upon the minutes of this Council
shall constitute and be a part of this Resolution as if fully copied herein in
detail.
Passed by the City Council this 13th
ATTEST:
Rane�te Boyd, City 5ecr
APPROVED AS TO CONTENT:
ary
sing Manager
APPROVED AS TO FORM:
Harold Willard, Assistan-V City
Attorney
day of June
, 1991.
�- ,364-c
CITY OF LUBBOCK
SPECIFICATIONS
FOR
GUADALUPE TREESCAPE PROGRAM
BID # 11317
CITY OF LU113BOCK
Lubbock, Texas��
'=4- 3L'4`'
CITY OF LUBBOCK
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SPECIFICATIONS
FOR
TITLE: GUADALUPE TREESCAPE PROGRAM
ADDRESS: GUADALUPE NEIGHBORHOOD
CDWO: 3113-597116-0001
--
BID NO.: .11317
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
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INDEX
1. NOTICE TO BIDDERS
2. INFORMATION FOR BIDDERS
3. BID PROPOSAL - BID FOR LUMP SUM CONTRACTS
4. BID PROPOSAL - BID FOR UNIT PRICE
5. PAYMENT BOND (FOR CONTRACTS IN EXCESS OF $259000)
6. PERFORMANCE BOND (FOR CONTRACTS IN EXCESS OF $259000)
7. CERTIFICATE OF INSURANCE
8. HUD CERTIFICATIONS
9. CONTRACT
10. GENERAL CONDITIONS OF THE AGREEMENT
11. YEXHIBITS
.A. Copeland Anti -Kickback Regulations
B. Current Wage Determinations
12. SPECIAL CONDITIONS OF THE AGREEMENT
-13. SPECIFICATIONS (TO BE PROVIDED BY ENGINEERS)
14. SPECIAL CONDITIONS (TO BE PROVIDED BY ENGINEERS)
15. NOTICE OF ACCEPTANCE
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NOTICE TO BIDDERS
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NOTICE TO BIDDERS
F
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CDWO 3113-597116-0001
COMMUNITY DEVELOPMENT BLOCK GRANT
CITY OF LUBBOCK
BID # 11317
Sealed proposals addressed to Gene Eads, Purchasing Manager, City
of Lubbock, Texas, will be received at the Purchasing Office,
Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas
79401 until 2:00 o'clock p.m., on the 23rd day of May. 1991, or
as changed by the issuance of formal addenda to all planholders,
to furnish all labor and materials and perform all work for the
construction of the following project:
GUADALUPE TREESCAPE PROGRAM
Bidders are also required to submit a signed certification in
compliance with Section 109 of Pub. L. 100-202 regarding
restrictions on the Award of Certain Contracts and Subcontracts
to Foreign Countries.
Bidders are required to submit a cashier's or certified check or
bid bond in the amount of 5% of the total bid and the successful
bidder shall provide bond in full amount of the contract executed
by a surety company authorized to do business in Texas.
The above described project will be paid for in cash by the
Community Development Block Grant received by the City from the
Department of Housing and Urban Development. The contract for
this project must comply with all applicable Federal laws and
regulations including the payment of federal minimum wages under
the provision of the Davis -Bacon Act, and the compliance with the
provisions of equal employment opportunities and under Section 3
Affirmative Action and Executive Order 11246.
Plans and Specifications are on file at the Purchasing Office and
may be obtained at the office of Gene Eads, C. P. M., Purchasing
Manager, Room L-04, Municipal Building, 1625 13th Street,
Lubbock, Texas, 79401.
There will be a pre -bid conference on May 16, 1991 at 10:00
o'clock a.m., Personnel Conference Room 108, Municipal Building,
1625 13th Street.
CITY OF LUBBOCK, TEXAS
BY: Ge a Eads, C.P.M.
Purchasing Manager
F
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CERTIFICATION IN COMPLIANCE WITH
SECTION 109 OF PUB. L. 100-202
REGARDING RESTRICTIONS ON THE AWARD
OF CERTAIN CONTRACTS AND SUBCONTRACTS
TO FOREIGN COUNTRIES
(a) Definitions. The definitions pertaining to this provision are
those that are set forth in the clause entitled "Restrictions on
Public Works Projects."
(b) Certification. Except as provided in paragraph (c) of this
provision, by submission of its bid or proposal, the bidder
certifies that it -
(1) Is not a Contractor of a foreign country included on the
list of countries that discriminate against U.S. firms
published by the Office of the United States Trade
Representative (USTR) (see paragraph (h) of this provision);
(2) Has not or will not enter into any subcontract with a
subcontractor of a foreign country included on the list of
countries that discriminate against U.S. firms published by
the USTR; and
(3) Will not provide any product of a country included on the
list of foreign countries that discriminate against U.S.
firms published by the USTR.
(c) Inability to certify. A bidder unable to certify in accordance
with paragraph (b) of this provision shall submit with its offer
a written explanation fully describing the reasons for its
inability to make the certification.
(d) Applicability of 18 U.S.C. 1001. The certification in paragraph
(b) of this provision concerns a matter within the jurisdiction
of an agency of the United States, and the making of a false,
fictitious, or fraudulent certification may render the maker
subject to prosecution under Title 18, U.S.C. 1001.
(e) Notice. The bidder shall provide immediate written notice to the
Contracting Officer if, at any time before the contract award,
the bidder learns that its certification was erroneous when
submitted or has become erroneous by reason of changed
circumstances.
(f) Restrictions on contract award. Unless a waiver to these
restrictions is granted by the Secretary of Housing and Urban
Development, no contract will be awarded to a bidder (1) who is
owned or controlled by a citizen or national of a foreign country
included on the list of foreign countries that discriminate
against U.S. firms published by the USTR, (2) whose subcon-
tractors are owned or controlled by citizens or nationals of a
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foreign country on the USTR list, or (3) who incorporates any
product of a foreign country on the USTR list in the public works
project.
(g) Recordkeeping. Nothing contained in the foregoing shall be
construed to require establishment of a system of records in ,
order to render, in good faith, the certification required by -
paragraph (b) of this provision. The knowledge and information
of a bidder is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business
dealings.
(h) USTR list.. The USTR published an initial list in the Federal
Register on December 30, 1987 (53 FR 49244), which identified one
country - Japan. The USTR can add countries to the list, and
remove countries from it, in accordance with section 109(c) of
Pub. L. 100-202.
Contractor
By:
(Seal if Bidder is a Corporation)
ATTEST:
Secretary
Restrictions on Public Buildings and Public Works Projects
(a) Definitions.
"Component," as used in this clause, means those articles,
materials, and supplies incorporated directly into the product.
"Contractor or subcontractor of a foreign country," as used in
this clause, means any Contractor or subcontractor that is a
citizen or national of a foreign country or is controlled
directly or indirectly by citizens or nationals of a foreign
country.. A contractor or subcontractor shall be considered to be
a citizen or national of a foreign country, or controlled
directly or indirectly by citizens or nationals of a foreign
country -
(1) If 50 percent or more of the Contractor or sub-
contractor is owned by a citizen or national of the
foreign country;
(2) If the title to 50 percent or more of the stock of the
Contractor or subcontractor is held subject to trust or
fiduciary obligation in favor of citizens or nationals
of the foreign country.
(3) If 50 percent or more of the voting power in the
Contractor or subcontractor is vested in or exercisable
on behalf of a citizen or national of the foreign
country; -
l (4) In the case of a partnership, if any general partner is
a citizen of the foreign country;
(5) In the case of a corporation, if its president or other
chief executive officer or the chairman of its board of
directors is a citizen of the foreign country or the
majority of any number of its directors necessary to
constitute a quorum are citizens of the foreign country
or the corporation is organized under the laws of the
foreign country or any subdivision, territory, or
1 possession thereof; or
(6) In the case of a contractor or subcontractor who is a
joint venture, -if any participant firm is a citizen or
national of a foreign country or meets any of the
criteria in subparagraphs (a)(1) through (5) of this
clause.
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"Product," as used in this clause, means construction materials -
i.e., articles, materials, and supplies brought to the
construction site for incorporation into the public works
project, including permanently affixed equipment, instruments,
utilities, electronic or other devices, but not including
vehicles or construction equipment. In determining the origin of
a product, the City of Lubbock will consider a product as
produced in a foreign country if it has been assembled or
manufactured in the foreign country, or if the cost of the
components mined, produced, or manufactured in the foreign
country exceed 50 percent of the cost of all its components.
(b) Restrictions.
The Contractor shall not (1) knowingly enter into any subcontract
under this contract with a subcontractor of a foreign country
included on the list of countries that discriminate against U.S.
firms published by the United States Trade Representative (see
paragraph (c) of this clause), or (2) supply any product under
this contract of a country included on the list of foreign
countries that discriminate against U.S. firms published by the
USTR.
(c) USTR list.
The USTR published an initial list in the Federal Register on
December 30, 1987 (53 FR 49244), which identified one country -
Japan. The USTR can add other countries to the list, or remove
countries from it, in accordance with section 109(c) of Pub.L.
100-202.
(d) Certification.
The Contractor may rely upon the certification of a prospective
subcontractor that it is not a subcontractor of a foreign country
included on the list of countries that discriminate against U.S.
firms published by the USTR and that products supplied by such
subcontractor for use on the Federal public works project under
this contract are not products of a foreign country included on
the list of foreign countries that discriminate against U.S.
firms published by the USTR, unless such Contractor has knowledge
that the certification is erroneous.
(e) Subcontracts.
The Contractor shall incorporatethis clause, modified only for
the purpose of properly identifying the parties, in all
subcontracts. This paragraph (e) shall also be incorporated in
all subcontracts.
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INFORMATION FOR BIDDERS
1. Receipt and Opening of Bids
The City of Lubbock (herein called the "Owner"), invites bids
on the form attached hereto, all blanks of which must be
appropriately filled in. Bids will be received by the Owner
at the office of Gene Eads, Purchasing Manager, City of
Lubbock, Texas until 2:00 o'clock p.m., on the 23rd day of
May. 1991, and then at said office publicly opened and read
aloud. The envelopes containing the bids must be sealed,
addressed to Gene Eads, Purchasing Manager, at Municipal
Building, 1625 13th Street, (Room LO4), Lubbock, Texas 79401
and designated as Bid for GUADAI,UPE TREESCAPE PROGRAM.
The Owner may consider as informal any bid not prepared and
submitted in accordance with the provisions hereof and may
waive any informalities or reject any and all bids. Any bid
may be withdrawn prior to the above scheduled time for the
opening of bids or authorized postponement thereof. Any bid
received after the time and date specified shall not be
considered. No bidder may withdraw a bid within thirty (30)
days after the actual date of the opening thereof.
2. Preparation of Bid
Each bid must be submitted in a sealed envelope bearing on
the outside the name of the bidder, his address and the
name of the project for which the bid is submitted. If
forwarded by mail, the sealed envelope containing the bid
must be enclosed in another envelope addressed as specified
in the bid form.
r' 3. Subcontracts
The bidder is specifically advised that any person, firm, or
other party to whom the bidder proposes to award a subcon-
tract under this Contract must be acceptable to the Owner
after verification by the Community Development Department
of the City of Lubbock.
The bidder should submit to the Owner a list of proposed
subcontractors which consists of each subcontractor's legal
name and business address. Although there is no requirement
that this list be submitted with a bid, the Owner requests
that such list be attached to said bid so that appropriate
action can be taken to prevent subsequent delay in subcon-
tract awards.
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4. Telegraphic Modification
Any bidder may modify his bid by telegraphic communication
at any time prior to the scheduled closing time :For receipt
of bids, provided such telegraphic communication is received
by the Owner prior to the closing time and, provided
further, the Owner is satisfied that a written confirmation
of the telegraphic modification over the signature of the
bidder was mailed prior to the closing time. The telegra-
phic communication should not reveal the bid price but
should provide the addition or subtraction or other modi-
fication so that the final prices or terms will not be known
by the Owner until the sealed bid is opened. If.written
confirmation is not received within two (2) days from the
closing time, no consideration will be given to the tele-
graphic modification.
5. Qualifications of Bidder
The Owner may make such investigations as he deems necessary
to determine the ability of the bidder to perform the work,
and the bidder shall furnish to the Owner all such informa-
tion and data for this purpose as the Owner may request.
The Owner reserves the right to reject any bid if the
evidence submitted by, or investigation of, such bidder
fails to satisfy the Owner that such bidder is properly
qualified to carry out the obligations of the Contract and -
to complete the work contemplated therein. Conditional bids
will not be accepted. Bidder must be acceptable to the
Owner after verification by the HUD Area Office of the
bidder's current eligibility status.
6. Bid Security
Each bid must be accompanied by cash, certified check of the
bidder or a bid bond duly executed by the bidder and issued
by a surety company approved by the Owner, in the amount of
5% of the bid. Such cash, checks or bid bonds will be
returned to all except the three lowest bidders within three
(3) days after the opening of bids, and the remaining cash,
checks or bid bonds will be returned promptly after the
Owneri'and the acceptedbidderhave executed the Contract,
or, if no award has been made within thirty (30) days after
the date of the opening of bids, upon demand of the bidder
at any time thereafter, so long as he has not been notified
of the acceptance of his bid.
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The successful bidder, upon his failure or refusal to execute
and deliver the Contract, certificate of insurance and bonds
required within ten (ten) days after he has received notice
of the acceptance of his bid, shall forfeit to the Owner the
security deposited with his bid.
7. Time of Completion and Liquidated Damages
Bidder must agree to commence work on or before a date to be
specified in a written "Notice to Proceed" of the Owner and
to fully complete the project within (30) THIRTY working days
thereafter. Bidder must agree also to pay as liquidated
damages the sum of $50.00 (Fifty dollars) for each
consecutive calendar day thereafter in which the project is
not fully completed.
8. Conditions of Work
Each bidder must inform himself fully of the conditions
relating to the construction of the project and the
employment of labor thereon. Failure to do so will not
relieve a successful bidder of his obligation to furnish all
material and labor necessary to carry out the provisions of
his Contract. Insofar as possible the Contractor, in
carrying out his work must employ such methods or means as
will not cause any interruption of or interference with the
work of any other contractor.
9. Addenda and Interpretations
No interpretation of the meaning of the plans, specifications
or other pre -bid documents will be made to any bidder orally.
Every request for such interpretation should be in writing
and addressed to Gene Eads, C.P.M., Purchasing Manager
at _ P.O. Box 2000, Lubbock. TX 79457
and to be given consideration must be received at least five
(5) days prior to the date fixed for the opening of bids.
Any and all such interpretations and any supplemental
instruction will be in the form of written addenda to the
specifications which, if issued, will be mailed by certified
mail with return receipt requested to all prospective
bidders (at the respective addresses furnished for such
purposes), not later than three (3) days prior to the date
fixed for the opening of bids. Failure of any bidder to
receive any such addendum or interpretation shall not
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relieve such bidder from any obligation under his bid as
submitted. All addenda so issued shall become part of the
Contract Documents.
10. Performance Bond and Payment Bond (Contract in Excess of
$25,000)
The successful bidder shall be required to furnish a
performance bond and payment bond in accordance with Article
5160, Vernon's Annotated Civil Statutes, in the amount of
100% of the total Contract price, in the event said Contract
price exceeds $25,000.00. If the contract price does not
exceed $25,000.00, the statutory bonds will not be required.
All bonds, if required, shall be submitted on the forms supplied
by the Owner, and executed by an approved Surety Company
authorized to do business in the State of Texas. And it is
further agreed that this Contract shall be in effect until such
bonds are so furnished. Said statutory bonds should be issued by
a Company carrying a current Best Rating of B or superior, as the
rating of the bond company is a factor that will be considered in'
determination the lowest responsible bidder.
11. Power of Attorney
Attorneys -in -fact who sign bid bonds or contract bonds must
file with each bond a certified and effectively dated copy of
their power of attorney.
12. Notice of Special Conditions
Attention is particularly called to those parts of the Contract
Documents and specifications which deal with the following:
(a) Inspection and testing of materials.
(b) Insurance requirements.
(c) Wage rates.
13. Laws and Regulations
The bidder's attention is directed to the fact that all
applicable State laws, municipal ordinances and the rules
and regulations of all authorities having jurisdiction over
construction of the project shall apply to the Contract
throughout, and they will be deemed to be included in the
Contract the same as though herein written out in full.
14.• Obligation of Bidder
At the time of the opening of bids, each bidder will be
presumed to have inspected the site and to have read and to
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s be thoroughly familiar with the plans and Contract Documents
as defined in the General Conditions. The failure or
omission of any bidder to examine any form, instrument or
document shall in no way relieve any bidder from -any
obligation in respect of his bid.
If Plans and Specifications are too bulky or cumbersome to
be physically bound to the Contract Documents, they are to
be considered incorporated by reference into the aforemen-
tioned Contract Documents.
15. Texas State Sales Tax
This Contract is issued by an organization which qualifies
for exemption pursuant to the provisions of Article 20.04 of
the Texas limited Sales, Excise and Use Tax Act.
The Contractor must obtain a limited sales, excise and use
tax permit which shall enable him to buy the materials to be
incorporated into the work without paying the tax at the
time of purchase. -
16. Materials and Workmanship
The intent of these Contract Documents is that only mate-
rials and workmanship of the best quality and grade will be
furnished. The fact that the specifications may fail to be
sufficiently complete in some detail will not relieve the
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Contractor of full responsibility for providing materials of
high quality and for protecting them adequately until
incorporated into the project. The presence or absence of a
representative of the City on the construction site will not
relieve the Contractor of full responsibility for complying
with this provision. The specifications for materials and
methods set forth. in the Contract Documents provide minimum
standards of quality which the Owner believes necessary to
procure a satisfactory project.
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17. Protection of the Work
The Contractor shall be responsible for the care, preser-
vatior'r, conservation and protection of all materials,
supplies, machinery, equipment, tools, apparatus, acces-
sories, facilities and all means of construction, and any
and all parts of the work, whether the Contractor has been
paid, partially paid or not paid for such work, until the
date the City issues its certificate of completion to the
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Contractor. The City reserves the right, after the bids
have been opened and before the Contract has been awarded,
to require of a bidder the following information:
(a) The experience record of the bidder, showing completed
jobs of a similar nature to the one covered by the
proposed Contract and all work in progress, with bond
amounts and percentage of work completed.
(b) A sworn statement of the current financial condition of
the bidder.
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(c) An equipment schedule.
18. Protection of Subsurface Lines and Structures
It shall be the Contractor's responsibility to prosecute the
work contemplated by the Contract Documents in such a way as
to exercise due care to locate and prevent damage to all
underground pipelines, utility lines, conduits or other
underground structures which might or could be damaged by
Contractor during the construction of the project contem-
plated by these Contract Documents. The City of Lubbock
agrees that it will furnish Contractor with information as
to the location of all such underground lines and utilities
of which it has knowledge. However, such fact shall not
relieve the Contractor of his responsibilities aforemen-
tioned. All such underground lines or structures cut or
damaged by Contractor during the prosecution of the work
contemplated by this Contract shall be repaired immediately
by the Contractor to the satisfaction of the City of
Lubbock, Texas, at Contractor's expense.
19. Contractor's Representative
The successful bidder shall be required to have a respon-
sible local representative available at all times while the
work is in progress under this Contract. The successful
bidder shall be required to furnish the name, address and
telephone number where such local representative may be
reached during the time that the work contemplated by this
Contract is in progress.
20. Provisions Concerning Escalator Clauses
Proposals submitted containing any conditions which provide
for changes in the stated bid price due to increases in the
cost of materials, labor or other items required for the
project will be rejected and returned to the bidder without
being considered.
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BID PROPOSAL - BID FOR UNIT PRICE
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BID PROPOSAL
BID FOR UNIT PRICE
M
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PLACE
_
DATE Z�J�jQQ
PROJECT N0.
Proposal of �pi'1il
Sfi'�`P� �1/
(hereinafter
called "Bidder")
To the Honorable
Mayor and City Council
4,.;.
City of Lubbock,
Texas (hereinafter called
"Owner")
w;
Gentlemen:
^Y
t
The Bidder, in mpl'agce with your invitation for bids for
ZwAatu
the construction of Er#
having carefully examined the plans, specifications, instructions
to bidders, notice to bidders and all other related Contract
Documents and the site of the proposed work, and being familiar
with all of the conditions surrounding the construction of the
proposed project, including the availability of materials and
labor, hereby proposes to furnish all labor, materials, and
supplies, and to construct the project in accordance with the -
plans, specifications and Contract Documents, within the time set
forth therein and at the prices stated in Exhibit "An.
The Bidder binds himself on acceptance ofhis proposalto
execute a Contract and any required bonds, according'to the
accompanying forms, for performing and completing the,said work`
within the time stated and for the prices stated in Exhibit "A",;'
of this proposal. '•:;;;,,,
Bidder hereby agrees to commence the work on the above
project on or before a date to be specified in a written "Notice
to Proceed" of the Owner and to fully complete the project within
3 d consecutive calendar days thereafter, .as stipulated in
the specifications and other Contract Documents. Bidder hereby
further agrees to pay to Owner as liquidated damages the sum of
$ 5 0.o.0 for each consecutive calendar day in excess of
the time set forth hereinabove for completion of this project,
all as more fully set forth in the General Conditions•of the
Contract Documents.
Bidder understands that the Owner reserves the right to
reject any or all bids and to waive any Formality in the bidding.
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Bidder agrees that this bid shall be good and may not be
withdrawn for a period of thirty (30) calendar days after.the Yi
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 of
before the date specified in the written notice to proceed, and
to substantially complete the work 'on which he has bid, as'
provided in the Contract Documents. r
Enclosed with this prpQpo al 's a. Cashier's Check or Certi-
fied Check for 6 it 146WedL�01ao Dollars
($ (,?DQ 00 , or a Proposal Bond in the sum of
Dollars ($
which it is agreed shall be collected and retained by the Owner
as liquidated damages in the event the proposal is accepted by
the Owner and the undersigned fails to execute the necessary
Contract Documents and the required bonds (if any) within ten
(10) days after the date of receipt of written notification of r
acceptance of said proposal; otherwise, said check or bond shall
be returned to the undersigned upon demand.
Bidder understands and agrees that the Contract to be
executed by Bidder shall be bound and include all. Contract
Documents made available to him for his inspection in accordance
with the Notice to Bidders.
�Ni s ee, e
4 Contr ctor
BY:
Joan"
(Seal if Bidder is a Corporation)
ATTEST:
C) 0 tv
d
Sretary
S t
EXHIBIT A
BID PROPOSAL
GUADALUPE TREESCAPE
PROGRAM
['
-Unit prices to include all
necessary labor,
parts, and equipment required
to perform work, including
staking and guying. (Contractor
to supply
stakes.) Unit prices shall
be used for additions or deletions to
contract, if necessary.
,..
TOTAL
ITEM
TREE
INSTALLATION
UNIT PRICE
60 EA. Shademaster Honeylocust
$�
$
$��Q�
15 gallon
�5
60 EA. Lacebark Elm
$
$
15 gallon
00
TOTAL BID
$ Q '"
Bidders Signature
Date �►�. ���
No Text
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PAYMENT POND
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PAYMENT BOND
(Applicable on all contracts in excess of $25,000)
(To be used in Texas under V.A.C.S. Art. 5160)
THE STATE OF
COUNTY OF
KNOW ALL MEN BY THESE PRESENTS: That we (1)
(2)
of , hereinafter called Principal, and
(3 ) of
, State of hereinafter
called the Surety, are held firmly bound unto 41
of ,
hereinafter called Owner, and unto all persons, firms and
corporations who may furnish materials for, or perform labor upon
'the building or improvements hereinafter referred to in the penal
sum of ($ )
Dollars in lawful money of the United States, to be paid in
, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors,
administrators and successors, jointly and severally, firmly by
these presents.
THE CONDITION OF THIS OBLIGATION is such that Whereas, the
Principal entered into a certain Contract with (6)
dated the day of , 19 , a copy of
which is hereto attached and made a part hereof, for the construc-
tion of:
NOW THEREFORE, the condition of this obligation is such
that, if the Principal shall promptly make payment to all
claimants, as defined in Article 5160, Revised Civil Statutes of
Texas, 1925, as amended by House Bill 344, Acts 56th Legislature,
Regular Session, 1959, effective April 27, 1959, and as further
amended by Acts 1969, 61st Legislature, p. 1390, ch. 422, Sec. 1,
effective June 2, 1969, supplying labor and materials in the
prosecution of the work provided for in said Contract, then this
obligation shall be null and void, otherwise, it shall remain in
full force and effect.
This bond is made and entered into solely for the protection
of all claimants supplying labor and materials in the prosecution
of the work provided for in said Cantract, and all such claimants
shall have a direct right of action under the bond as provided in
11
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Article 5160, Revised Civil Statutes of Texas, 1925, as amended
by House Bill 344, Acts 56th Legislature, Regular Session, 1959,
and as further amended by Acts 1969, 61st Legislature, p. 1390,
ch. 422, Sec. 19 effective June 2, 1969.
PROVIDED FURTHER, that if any legal action be filed upon
this bond, venue shall lie in County, Texas, and
that the said Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration or addition
.to the terms of the Contract or to the work to be performed
thereunder or the specifications accompanying the same shall in
any wise affect its obligation on this bond, and said Surety does
hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Contract or to the
.work..or..to the ..specifications_._ _
PROVIDED FURTHER, that no final settlement between the Owner
and the Contractor shall abridge the right of any beneficiary
hereunder. whose claim_ may._be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in six
counterparts, each one of.which shall be deemed an original, this
the day of , 19
Principal
ATTEST:
Principal Secretary
(SEAL)
(Address).
Witness as to Principal
Address
Surety
ATTEST.:
BY:
Surety Secretary
(SEAL)
Witness as to Surety
Address
Address
NOTE: If Contractor is Part-
nership, all partners
should execute bond.
These
.footnotes refer
to'the numbers
in the body of Contract
above:
Date
of Bond must not
be prior to date of
Contract.
(1)
Correct name of
Contractor
(3)
Correct name of Surety''
(2)
A Corporation, a
Part-
(4)
Correct name of Owner
nership or an Individual,
(5)
County and State
as the case may
be
(6)
Owner
(THIS PAGE LEFT BLANK INTENTIONALLY)
PERFORMANCE BONO
�
4
�l
(THIS PAGE LEFT BLANK INTENTIONALLY)
r
r
PERFORMANCE BOND
(Applicable on all contracts in excess of $25,000)
(To be used in Texas under V.A.C.S. Art. 5160)
THE STATE OF
COUNTY OF
KNOW ALL MEN BY THESE PRESENTS: That we (1)
v (2)
of , hereinafter called Principal, and
(3) of
State of , hereinafter
called the Surety, are held firmly bound unto 4
of ,
hereinafter called Owner, in the penal sum of
($ ) Dollars in lawful money
of the United States, to be paid in 5)
, for the payment of which sum well and
.truly to be made, we bind ourselves, our heirs, executors,
administrators and successors, jointly and severally, firmly by
these presents.
THE CONDITION OF THIS OBLIGATION,is such that Whereas, the
Principal entered into a certain Contract with (6)
dated the day of , 19 , a copy of
which is hereto attached and made a a part -hereof, for the
construction of:
(herein called the "work").
These footnotes refer to the numbers in the body of Contract
above:
Date of Bond must not be prior to date of Contract.
(1) Correct name of Contractor (3) Correct name of Surety
(2) A Corporation, a Part- (4) Correct name of Owner
nership or an Individual, (5) County and State
as the case may be (6) Owner
NOW THEREFORE, if the Principal shall well, truly and
faithfully perform the work in accordance with the plans,
specifications and Contract Documents during the original term
thereof, and any extensions thereof which may be granted by the
Owner, with or without notice to the Surety, and if the Principal.
shall satisfy all claims and demands incurred under such Con-
tract, and shall fully indemnify and save harmless the Owner from
all costs and damages which it may suffer by reason of failure to
do so, and shall reimburse and repay the Owner all outlay and
expense which the Owner may incur in making good any default,
then this obligation shall be void; otherwise, it shall remain in
full force and effect.
PROVIDED FURTHER, that if any legal action be filed upon
this bond, venue shall lie in , Texas,
and that the said Surety, for value received, hereby stipulates
and agrees that no change, extension of time, alteration or
addition to the terms of the Contract or to the work to be
performed thereunder or the specifications accompanying the same
shall in any wise affect its obligation on this bond, and it does
hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Contract or to the
work or to the specifications. ~"
IN WITNESS WHEREOF, this instrument"is executed in six
counterparts, each one of which shall be deemed and original,
this the day of , 19-
Principal
ATTEST:
Principal Secretary
Address
(SEAL)
Witness as to Principal
Address
Surety
ATTEST:
BY:
Surety Secretary
Address
(SEAL)
Witness as to Surety
Address
NOTE: If Contractor is Partnership, a•11 partners should execute
bond.
CERTIFICATE OF INSURANCE
(THIS PAGE LEFT BLANK INTENTIONALLY)
d
CERTIFICATE OF INSURANCE
_______________________________________________________________________________-
ALUNU 25-S (3/88)
PRODUCER
:This Certificate is issued as amatter of inform.
}_
|ation only and confers no rights upon the certi-
Tom Cunnius & Associates
|ficate holder. This certificate does not amend,
P,`O, Box_16269
!extend or alter the coverage afforded below.
| Lubbock, T% 79490-6269
|-------- COMPANIES AFFORDING COVERAGE ----------
�
v
!LETTER A Aetna Life & Casualty
`
------------------_-----~----|LETTER
B'
} �I GURED �.
|_-------------�------------_-___________________-
WEST TEXAS SERVICES, INC
!LETTER C �
DBA TOM"S TREE PLACE
|--------_----------------------------------------
| 5104 34TH
l'
!LETTER D
LUBBOCK, TEXAS
|----------------------~---------_-----------------
79410
' !LETTER E
COVERAGES---- ------------------------------------------------------------------
['This certifies -that policies
of insurance listed below have been issued to the
insured named for the period
indicated, notwithstanding any requirements, term~
or condition of Any contract
or other document with respect to which this cert.
�.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.- - -- --- .
.CL|TYPE OF INSURANCE | POLICY
NUMBER |EFF.DATE|EXP.DATE|ALL LIMITS IN THOUSAND
_____________-_______+_________________+________+________+______________________
FGENERAL LIABILITY �
| | _ :GENERAL AGG �$ 500
A [X]Commercial GL !NEW ISSUE 105/15/91105/15/92/PRD-CMP/OV AGG|$ 500
[ 3Claims [X]Occur.',
) | |PER & ADVTINJ/$ 500
30wnrs/Cntr. Prt.|
| | !EACH OCCURENCE|$ 500
F[
[ ] �i
| | |FIRE DAMAGE \$ 50
[ ] |
| .| 1MED EXPENSES |$ 5
LIABILITY |-----------------+--------+--------+----------------------[
,,AUTOMOBILE
]Any Auto |
| | |CSL |$
A [X3All Owned Autos !NEW ISSUE
|05/15/91|05/15/92|---- +------_----------
C%3Scheduled Autos |
| | |BI/P|$ 300
[X]Hired Autos |
| | |----+-----------------
i. [%3Non-Owned Autos |
| | |BI/A|$ 500
' [ ]Garage Liability(
|----+-----------------
[ ] | | | |P.D.�$ 300
| EXCESS LIABILITY |-----------------+--------+--------+----+-----------------
[ ' [ ] |
| | | !Each Occ|Aggregat
[ J Other than Umb.|
| | | !$ |$
WORKERS COMPENSATION |-----------------+--------+--------+--Statutory -----------
L. AND |
| | | |$ Each Acc.
EMPLOYERS LIABILITY |
| | | |$ Disease -Lim
|
| | | |$ Disease-Emo
FOTHER |-----------------+--------+--------+----------------------
|
| | |
|
F_______________________________________________________________________________
| | |
_
Descriptiqn of operations/locations/vehicles/special
items
RE: BID #11317
FCERTIFICATE
HOLDER—,
Should any of the above'described
:policies be cancelled before the expiration date
CITY OF LUBBOCK
| P.O. BOX 2000
!thereof, the issuing company will endeavor to
:Mail 30 days written notice to'the certificate
�.
LUBBOCK, TX
!holder named to the left, but failure to mail
!such notice shall impose no obligation of liab-
79457
|ility upon the company, its agents, or reps.
'
|-----------AUTHORTZED REPRESENTATIVE------------
.
�'
.
~��_
^
r
C
r
HUD CERTIFICATIONS
SECTION 3/STATEMENT OF WORK FORCE NEEDS
(IN EXCESS OF $109000)
w
t
w. •
I
r
(THIS PAGE LEFT BLANK INTENTIONALLY)
0
U.S. Department of Housing
and Urban Development tQ
Supplement to the Public and
General Conditions of the Indian Housing
Contract for Construction
Article 1 — Labor Standards
Applicability
The Project or Program to which the construction work covered
by this contract pertains is being assisted by the United States
of America and the following Federal Labor Standards Provisions
are included In this Contract or related instrument pursuant to
the provisions applicable to such Federal assistance.
A. 1. (1) Mlnlmum Wages. All laborers and mechanics employed
or working upon the site of the work (or under the United States
Housing Act of 1937 or under the Housing Act of 1949 in the
construction or development of the project), will be paid uncon-
ditionally and not less often than once a week, and without
subsequent deduction or rebate on any account (except such
payroll deductions as are permitted by regulations issued by the
Secretary of Labor under the Copeland Act (29 CFR Part 3). the
full amount of wages and bona fide fringe benefits (or cash
equivalents thereof) due at time of payment computed at rates
not less than those contained In the wage determination of the
Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may be
alleged to exist between the contractor and such laborers and
mechanics. Contributions made or costs reasonably anticipated
for bona fide fringe benefits under Section 1(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 provi-
sions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or
costs incurred for more than a weekly period (but not less often
than quarterly) under plans, funds, or programs, which cover the
particular weekly period, are deemed to be constructively made
or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate
wage rate and fringe benefits on the wage determination for the
classification of work actually performed, without regard to skill,
except as provided in 29 CFR Part 5.5(a)(4). Laborers or
mechanics performing work in more than one classification may
be compensated at the rate specified for each classification for
the time actually worked therein: Provided, That the employer's
payroll records accurately set forth the time spent in each
classification in which work is performed. The wage determina-
tion (including any additional classification and wage rates con-
formed under 29 CFR Part 5.5(a)(1)(ii) and the Davis -Bacon poster
('WH-1321) shall be posted at all times by the contractor and its
subcontractors at the site of the work in a prominent and ac-
cessible place where It can be easily seen by the workers.
(Ilia) Any class of laborers or mechanics which is not
listed In the wage determination and which Is to be employed
under the contract shall be classified in conformance with the
wage determination. HUD shall approve an additional classifica-
tion and wage rate and fringe benefits therefore only when the
following criteria have been met:
(1) The work to be performed by the classification
requested Is not performed by a classification in the wage deter-
mination; and
(2) The classification Is utilized In the area by the
construction industry; and
(3) The proposed wage rate, Including any bona fide
fringe benefits, bears a reasonable relationship to the wage rates
contained in the wage determination.
(b) If the contractor and the laborers and mechanics to
be employed in the classification (if known), or their represen-
tatives, and HUD or Its designee agree on the classification and
wage rate (including the amount designated for fringe benefits
where appropriate), a report of the action taken shall be sent by
HUD or Its designee to the Administrator of the Wage and Hour
Division, Employment Standards Administration, U.S. Department
of Labor, Washington, D.C. 20210. The Administrator, or an
authorized representative, will approve, modify, or disapprove
every additional classification action within 30 days of receipt
and so advise HUD or Its designee or will notify HUD or its
designee within the 30-day period that additional time is
necesssary. (Approved by the Office of Management and Budget
under OMB Control Number 1215-0140.)
(c) In the event the contractor, the laborers or mechanics
to be employed in the classification or their representatives, and
HUD or its designee do not agree on the proposed classification
and wage rate (including the amount designated for fringe benefits,
where appropriate), HUD or its designee shall refer the questions,
including the views of all interested parties and the recommenda-
tion of HUD or its designee, to the Administrator for determination.
The Administrator, or an authorized representative, will issue a
determination within 30 days of receipt and so advise HUD or its
designee or will notify HUD or its designee within the 30-day period
that additional time is necessary. (Approved by the Office of
Management and Budget under OMB Control Number 1215-0140.)
(d) The wage rate (including fringe benefits where ap-
propriate) determined pursuant to subparagraphs A.1.(ii)(b) or (c) of
this paragraph, shall be paid to all workers performing work in the
classification under this contract from the first day on which work
Is performed in the classification.
(111) Whenever the minimum wage rate prescribed In the con-
tract for a class of laborers or mechanics includes a fringe benefit
which is not expressed as an hourly rate, the contractor shall either
pay the benefit as stated in the wage determination or shall pay
another bona fide fringe benefit or an hourly cash equivalent
thereof.
(Iv) If the contractor does not make payments to a trustee or
other third person, the contractor may consider as part of the
wages of any laborer or mechanic the amount of any costs
reasonably anticipated In providing bona fide fringe benefits under
a plan or program, Provided, that the Secretary of Labor has found,
upon the written request of the contractor, that the applicable stan-
dards of the Davis -Bacon Act have been met. The Secretary of
Labor may require the contractor to set aside In a separate account
assets for the meeting of obligations under the plan or program.
(Approved by the Office of Management and Budget under OMB
Control Number 1215.0140.)
2. Withholding. HUD or its designee shall upon its own action
or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld from the
contractor under this contract or any other Federal contract with
the same prime contractor, or any other Federally -assisted contract
subject to Davis -Bacon prevailing wage requirements, which is held
by the same prime contractor so much of the accrued payments or
advances as may be considered necessary to pay laborers and
mechanics, Including apprentices, trainees and helpers, employed
by the contractor or any subcontractor the full amount of wages re-
quired by the contract. In the event of failure to pay any laborer or
mechanic, inlcuding any apprentice, trainee or helper, employed or
working on the site of the work (or under the United States Houslnl
Act of 1937 or under the Housing Act of 1949 in the construction o
development of the project), all or part of the wages required by th-
contract, HUD or its designee may, alter written notice to the con•
tractor, sponsor, applicant, or owner, take such action as may be
necessary to cause the suspension of any further payment, ad.
vance, or guarantee of funds until such violations have ceased.
HUD or its designee may, after written notice to the contractor,
disburse such amounts withheld for and on account of the contras
for or subcontractor to the respective employees to whom they are
due. The Comptroller General shall make such disbursements in th
case of direct Davis -Bacon Act contracts.
3. (1) Payrolls and basic records. 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
— - � - - --- ' - HUD•52554 I1.8'
HB 7417.1 & 7417.1 REV.
qualified applicants will receive consideration for employment
struction work: Provided, that If the applicant so participating Is E
without regard to race. color, religion, sex, or national origin.
State or loca! government, the above equal opportunity clause 1:
C. The Contractor will send to each labor union or represen-
?' not applicable to any agency, instrumentality or subdivision of But
tative of workers with which It has a collective bargaining agree
government which does not participate in work on or under the
merit or other contract or understanding a notice to be provided
contract. - .1 1 r;+; ,: , , :;:� r.�l•c,:..
advising the said labor union or workers representatives of the
1. The applicant agrees that It will assist and cooperate actively
Contractor's commitments hereunder, and shall post copies of
with the administering agency and the Secretary of Labor in obtaii
the notice in conspicuous places available to employees and ap•
Ing the compliance of contractors and subcontractors with the
plicants for employment.
equal opportunity clause and the rules, regulations, and relevant
D. The Contractor will comply with all provisions of Executive
` orders of the Secretary of Labor, that it will furnish the administe
Order 11246 of September 24, 1965 and of the rules, regulations,
Ing agency and the Secretary of Labor such Information as they
and relevant orders of the Secretary of tabor.
may require for the supervision of such compliance, and that it wi
±,
otherwise assist the administering agency in the discharge of the,
E. The Contractor will furnish all information and reports re
primary responsibility for securing compliance. '
quired by Executive Order 11246 of September 24, 1965, and by •
:agency's
rules, regulations, and orders of the Secretary of Labor, or pur-
J. The applicant further agrees that it will refrain from entering ,.
suant thereto, and will permit access to Its books, records, and
-. to any contract or contract modification subject to Executive Orde
accounts by the Secretary of Labor for purposes of investigation
11246 of September 24. 1965, with a contractor debarred from, or
to ascertain compliance with such rules, regulations, and orders.
who has not demonstrated eligibility for, Government contracts ai
federally assisted construction contracts pursuant to the Ezecuti"
F. In the event of the Contractor's noncompliance with the ;:�_
order and will carry out such sanctions and penalties for violation
with any of the
nondiscrimination clauses of this contract or "t' of the equal opportunity clause as may be imposed upon contrac-
said rules, regulations, or orders, this contract may be canceled,
tors and subcontractors by the administering agency or the
.terminated, or suspended in whole or in part and the Contractor
Secretary of Labor pursuant to Part 11, Subpart D of the Executive
may be declared ineligible for further government contracts or
° `order. In addition, the applicant agrees that If It fails or refuses tc
federally assisted construction contracts in accordance with pro-
• comply with these undertakings, the administering agency may ta.
cedures authorized in Executive Order 11246 of September 24,
any or all of the following actions: Cancel, terminate, or suspend i
1965. and such other sanctions may be imposed and remedies
• `7'whole or In part this grant (contract, loan, Insurance, guarantee);
Invoked as provided In Executive Order 11246 of September 24,
' : refrain from extending any further assistance to the applicant and
1965, or by rule, regulations or order of the Secretary of Labor,
the program with respect to which the failure or refund occurred
or as otherwise provided by law.
until satisfactory assurance of future compliance has been receiv{
G. The Contractor will include the portion of the sentence im-
-from such applicant; and refer the case to the Department of ;
mediately preceding paragraph A and the provisions of
for appropriate legal proceedings. •_<•- i- a t=� 1 =•�-"
_;'.Justice
paragraphs A through G in every subcontract or purchase order
:,;. -:; ••-: ti • :.; - t ' °'' x� x °` ''`' �'
unless exempted by rules, regulations, or orders of the Secretary
of Labor issued pursuant to Section 204 of Executive Order
Article 3 — Equal Opportunity for Businesses and Lower Income For-
11246 of September 24, 1965, so that such provisions will be'
sons Located Within the Project Area t:..
binding upon each subcontractor or vendor. The Contractor will
,;:, , :: , , ,,. .
take such action with respect to any subcontract or purchase
> A. The work to be performed under this contract Is on a project
order as the Secretary of Housing and Urban Development or the
assisted under a program providing direct Federal financial
Secretary of Labor may direct as a means of enforcing such pro-
assistance from the Department of Housing and Urban Develop- -
visions, including sanctions for noncompliance. Provided,
y-r ment and is subject to the requirements of Section 3 of the Hous
however, that in the event the Contractor becomes involved in,
Ing and Urban Development Act of 1968, as amended, 12 U.S.C.
or is threatened with, litigation with a subcontractor or vendor as
1701u. Section 3 requires that to the greatest extent feasible oppc
a result of such direction by the Secretary of Housing and Urban
tunities for training and employment be given lower Income
Development or the Secretary of Labor, the Contractor may re-
residents of the unit of local government or the metropolitan area
quest the United States to enter into such litigation to protect
:; (or nonmetropolitan county) as determined by the Secretary of
the interests of the United States. _.,.. :,,:;::�,,: ... _
_ Housing and Urban Development in which the project is located
H. The applicant further agrees that it will be bound by the
and contracts for work In connection with the project be awarded
above equal opportunity clause with respect to its own employ-
business concerns which are located in, or owned in substantial
- merit practices when it participates in federaly assisted con- _
part by persons residing in the same metropolitan area (or
.:<<; a. - ,, ;.::.•',::. ...1v , tr: n r i , •+
nonmetropolitan county) as the project. `� 3
,...� al � �' art �h•t�'tl :r'[
.1 , �
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�C
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... ,n, .
Page 4 of A Pages`�:-
CONTRACTOR I"NPORMATION
TO: City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
DATE:
PROJECT NUMBER
CDWO:
PROJECT NAME:
1. The undersigned, having submitted a bid to the City of.
Lubbock for the construction of the above identified
project, certifies that:
(a) The legal name and business address (including zip
code) of the undersigned is:
2. The undersigned is:
(a) A single proprietorship (list sole owner)
(b) A partnership (list all partners)
(c) A corporation (names of all principals and their
titles)
President:
Vice -President:
Secretary -Treasurer:
3. The Taxpayer Identification Number for the undersigned is
(whichever is applicable):
(a) Employer Identification Number (Federal Identification
Number):
(b) Social Security Number:
4. If awarded the bid for the aforementioned project, the
undersigned agrees to forward to the City of Lubbock within —
ten days after the execution of any subcontractor(s) a list
of all subcontractors who will be employed on said project.
This list will consist of the subcontractor's legal name and
business address.
Contractor
Date
PRELIMINARY STATEMENT OF WORK FORCE NEEDS
CONTRACTOR'S NAME NATURE OF CONTRACT
ADDRESS AMOUNT OF CONTRACT
ANTICIPATED OCCUPATIONAL
CATEGORIES TO BE UTILIZED
ANTICIPATED NUMBER OF
NON -TRAINEE POSITIONS
ANTICIPATED.NUMBER OF
TRAINEE POSITIONS
* This form is to be -completed by all contractors prior to signing any contract.
(THIS PAGE LEFT BLANK INTENTIONALLY)
No Text
(THIS PAGE LEFT BLANK INTENTIONALLY)
CONTRACT
THE STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 14th day of
June, 1991, by and between the City of Lubbock, County of
Lubbock, State of Texas, acting by and through B.C. McMinn,
Mayor, and thereunto authorized to do so, hereinafter
referred to as OWNER, and Tom's Tree Place of the City -of
Lubbock, County of Lubbock, and state of Texas, hereinafter'
referred to as CONTRACTOR.
WITNESSETH: That for and in consideration of the V
payments and agreements hereinafter mentioned, to be made
and performed by the OWNER and under the conditions__-r--/
expressed in the bond bearing even date herewith (if anya�s
the CONTRACTOR hereby agrees with the OWNER to commence and
complete the construction of certain improvements :described
as follows:
Bid # 11317 - GUADALUPE TREESCAPE PROGRAM IN THE AMOUNT OF
$11,940.00
and all extra work in connection herewith, under the terms
as stated in the Contract Documents and at his (or their)
own proper cost and expense to furnish all- materials,
supplies, machinery, equipment, tools, superintendence,
labor, insurance and other accessories and services
necessary to complete the said construction in accordance
with the Contract Documents, as defined in the General
Conditions of the Agreement.
The CONTRACTOR hereby agrees to commence work within
ten (10) days after the date written notice to do- so shall
have been given to him and to substantially complete same
within the time specified in the Contract Documents.
The OWNER agrees to pay the CONTRACTOR in current funds
for the performance of the Contract in accordance with the
proposal submitted therefor, subject to additions and
deductions, as provided in the Contract Documents, and to
make payment on account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have
executed this contract in five (5) counterparts, each of
which shall be deemed an original, in the year and day first
above mentioned.
CITY OF LUBBOCK, TEXAS
4
Mayor
ATTEST:
40nSecretary
APPROVED AS TO CONTENT:
J
A OVED AS TO FO i
TOM'S TREE PLINCE
CONT C
BY:
TITLE:
COMPLETE ADDRESS
5104 34th Street
Lubbock, TX 79410
ATTEST:
e retary
GENERAL CONDITIONS OF THE AGREEMENT
G
(THIS PAGE LEFT BLANK INTENTIONALLY)
0
INDEX TO GENERAL CONDITIONS
1.
Owner
2.
Contractor
r
L
3.
Owner's Representative and Architect or Consulting Engineer
4.
Contract Documents
5.
Interpretation of Specifications or Drawings
6.
Subcontractor
7.
Assignment
8.
Written Notice
9.
Work
f
10.
Substantially Completed
11.
Layout of Work
12.
Keeping of Plans and Specifications Accessible
13.
Right of Entry and Inspection
14.
Lines and Grades
15.
Architect's Authority and Duty
16.
Superintendence and Inspections
17.
Contractor's Duty and Superintendence
18.
Contractor's Understanding
19.
Character of Workmen
20.
Construction Plant
21.
Sanitation
22.
Observation and Testing
23.
Defects and Their Remedies
24.
Changes and Alterations
25.
Extra Work
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26. Discrepancies and Omissions
27. Right of Owner to Modify Methods and Equipment
28. Protection Against Accident to Employees and the -Public
29. Contractor's Insurance: Scope of Insurance and Special
Hazards
30. Protection Against Claims of Subcontractors, Laborers,
Materialmen and Furnishers of Machinery, Equipment and
Supplies
31. Protection Against Royalties or Patent Invention
32. Laws and Ordinances
33. Time for Completion and Liquidated Damages
34. Time and Order of Completion
35. Extension of Time
36. Hindrance and Delays
37. Quantities and Measurements
38. Protection of Adjoining Property
39. Price for Work
40. Construction Schedule & Periodic Estimates
41. Payments to Contractor
42. Payrolls and Basic Payroll Records of Contractor and
Subcontractor
43. Minimum Wages
44. Posting Wage Determination Decisions and Authorized Wage
Deductions
45. Employment of Laborers or Mechanics Not Listed in Aforesaid
Wage Determination Decisions
46. Specific Coverage of Certain Types of Work by Employees
47. Underpayments of Wages or Salaries
48. Anticipated Costs of Fringe Benefits
49. Fringe Benefits not Expressed as Hourly Wage Rates
50. Overtime Compensation Required by Contract Work Hours and
Safety Standards Act (76 Stat. 357-360: Title 40 U.S.C.,
Sections 327-332)
51. Employment of Apprentices/Trainees
52. Employment of Certain Persons Prohibited .
53. Regulations Pursuant to So -Called "Anti -Kickback Act"
54. Complaints, Proceedings or Testimony by Employees
55. Claims and Disputes Pertaining to Wage Rates
56. Questions Concerning Certain Federal Statutes and Regu-
lations _
57. Final Completion and Acceptance
58. Final Payment
59. Correction of Work Before Final Payment for Work
60. Correction of Work After Final Payment
61. Payment Withheld
62. Delayed Payment
63. Time of Filing Claims
64. Arbitration
65. Abandonment by Contractor
66. Abandonment by Owner
67. Losses from Natural Causes
68. Independent Contractor
69. Cleaning Up
70. Contractor's Right to Terminate
71. Right of the Owner to Terminate Contract
72. Breach of Foregoing Federal Labor Standards Provisions
73. Interest or Member of or Delegate to Congress
74. Other Prohibited Interests
75. Special Equal Opportunity Provisions
76. Certification of -Compliance with Air and Water Acts
77. Special Conditions Pertaining to Hazards Safety Standards
and Accident Prevention
78. Nondiscrimination against the handicapped (Sec. 504)
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GENERAL CONDITIONS OF THE AGREEMENT
I 1. OWNER
Whenever the word "Owner", or the expression "Party of the
First Part", or "First Party", are used in this Contract, they
shall be understood as referring to the City of Lubbock, Texas.
2. CONTRACTOR `
l Whenever the word "Contractor", or the expression "Party of
the Second Part", or "Second Party", are used, they shall be
understood to mean the person, persons,co-partnership or
corporation, to wit:TOM'S TREE PLACE who has
agreed to perform the work embraced in this Contract, or to his
or their legal representative.
3. OWNER'S REPRESENTATIVE AND ARCHITECT OR CONSULTING ENGINEER
a. Whenever the term Owner's Representative is used in
this Contract, it shall be understood as referring to Chris Hooper,
-.
Community Development Administrative Assistant, . of the City of Lubbock,
or to such other representative, supervisor or inspector as may
be authorized by said Owner to act as Owner's Representative
under this Agreement. Owner's Representative may designate
engineerings, supervisors or inspectors wh will act for Owner
under the direction of Owner's Representative, but such
engineers, supervisors or inspectors shall not directly supervise
the Contractor or men acting in behalf of the Contractor. The
Owner's Representative shall have authority to approve change
orders involving a decrease or increase in cost of Five Thousand
($5,000.00) Dollars or less.
r Hooper,
b. Owner has designated Chris Ho pe to perform the duties
of Architect or Consulting Engineer on the project to be
constructed pursuant to this Contract. The Architect or
Consulting Engineer will administer this Contract during
construction and until final payment is due or until the Owner's
Representative terminates, modifies or limits the duties which
are the responsibility of the Architect as hereinafter set forth,
`
in which case the Owner's Representative or his appointed agent
shall perform any duties so terminated, limited or modified. The
word "Architect" when* used in this agreement shall mean either
Architect or Consulting Engineer.
4. CONTRACT DOCUMENTS
The Contract's Documents shall consist of the Notice to
Bidders, Information for Bidders, Bid Proposal, Singed Agreement,
Statutory Bonds (if required), General Conditions of the Agree-
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l
1
ment, ExhibitsA and B to the General Conditions, Special
Conditions of the Agreement (if any), Specifications, Drawings,
.Insurance Certificate and all other documents made available to
Bidder for his inspection in accordance with the Notice to
Bidders, as well as all Addenda issued prior to the execution of
the Signed Agreement, and all Modifications, such as Change
Orders, written interpretations and written orders for minor
changes in the work which are issued by the Architect as
hereinafter authorized. The intent of the Contract Documents is
to include all items necessary for the proper execution and
completion of the work. " The Contract Documents are
complementary, and what is required by any one shall be as
binding as if required by all. Work not covered in the Contract
Documents will not be required unless it is consistent therewith
and reasonably inferable therefrom as being necessary to produce
the intended results.
In the event Special Conditions are contained herein as part
of the Contract Documents and said Special Conditions conflict
with any of the General Conditions contained in this Contract,
then in such event the Special Conditions shall control.
The Contract Documents shall not be construed to create any
contractual relationship of any kind between the Architect and
the Contractor.
5. INTERPRETATION OF SPECIFICATIONS OR DRAWINGS
Whenever in the Specifications or Drawings accompanying this
Agreement the terms of description of various qualities relative
to finish, workmanship or other qualities of similar kind which
cannot, from their nature, be specifically and clearly described
and specified, but are necessarily described in general terms,
the fulfillment of which must depend on individual judgment,
then, in all such cases, any. question of the fulfillment of said
Specifications or Drawings shall be decided by the Architect, and
said work shall be done in accordance with his interpretations of
the meaning of the words, terms or clauses defining the character
of the work.
6. SUBCONTRACTOR
A subcontractor is a person or entity who has a direct
contract with the Contractor to perform any of the work at the
site.
The Contractor may utilize the services of specialty
subcontractors on those parts of the work which, under normal
contracting practices, are performed by specialty subcontractors.
The Contractor shall not award any work to any subcontractor
without prior written approval of the Owner's` Representative,
which approval will not be given until the Contractor submits to
2
the Owner a written statement concerning the proposed award to
the subcontractor, which statement shall contain such information
r,
as the Owner may require.
The Contractor shall be as fully responsible to the Owner
for the acts and omissions of his subcontractors, and of persons
either directly or indirectly employed by them, as he is for the
acts and omissions of persons directly employed by him.
The Contractor shall cause appropriate provisions to be
inserted in all subcontracts relative to the work to bind
subcontractors to the Contractor by the terms of the General
Conditions and other Contract Documents insofar as applicable to
the work of the subcontractors and to give the Contractor the
same power to terminate any subcontract that the Owner may
exercise over the Contractor under any provision of the Contract
Documents.
Nothing contained in this Contract shall create any con-
tractual relation between any subcontractor and the Owner or the
Architect, and said subcontractor will look exclusively to the
'
Contractor for any payments due subcontractor.
7. ASSIGNMENT
The Contractor agrees that he will retain personal control
and will give his personal attention to the fulfillment of this
Contract. The Contractor further agrees that assignment of any -
portion or feature of the work or materials required in the
performance of this contract shall not relieve him from his full
obligations to the Owner, as provided by this Contractual
Agreement.
8. WRITTEN NOTICE
Written notice shall be deemed to have been duly served if
delivered in person to -the individual or to a member of the firm
or to an officer of the corporation for whom it is intended, or
if delivered at or sent certified mail to the last business
address known to him who gives the notice.
All directions, instructions or notices required or autho-
rized to be given under these Contract Documents from the Owner,
Owner's Representative or Architect to the Contractor shall be in
writing.
r 9. WORK
�1
The work comprises the completed construction required by
the Contract Documents and includes all labor necessary to
Cproduce such construction, and all materials and equipment
.incorporated or to be incorporated in such construction.
• - 3 -
Unless otherwise stipulated, the Contractor shall provide
and pay for all ,materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance and all water, light, power,
fuel, transportation and all other facilities necessary for the
execution and completion of the work covered by the Contract
Documents. Unless otherwise specified, all materials shall be
new and both workmanship and materials shall be of a good
quality. The Contractor shall, if required, furnish satisfac-
tory evidence as to the kind and quality of materials. Materials
or work described in words which so applied have well known,
technical or trade meanings shall be held to refer to such
recognized standards.
All work shall be done and all materials
conformity with the Contract Documents or any
or instructions conveyed to the Contractor.
10. SUBSTANTIALLY COMPLETED
furnished in strict
other information
The term "Substantially Completed" means that the structure
or project contemplated by the Contract Documents has been made
suitable for use or occupancy, or the facility is in a condition
to serve its intended purpose, but still may require minor
miscellaneous work and adjustment.
11. LAYOUT OF WORK
Except as specifically provided herein, the Contractor shall
be responsible for laying out all work and shall accomplish this
work in a manner acceptable to the Architect. The Architect will
check the Contractor's layout of all major structures and any
other layout work done by the Contractor at the Contractor's
request, but this check does not relieve the Contractor of the
responsibility of correctly locating all work in accordance with
the Plans and Specifications.
12. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished with (1) nne copies of all -
Drawings, Profiles and Specifications without expense to him and.
he shall keep one copy of same consistently accessible on the job.
site. i
'13. RIGHT OF ENTRY AND INSPECTION
The Architect shall at all times have access to the work
wherever it is in preparation and progress.
The Architect will make periodic visits to the site at
intervals appropriate to the state of construction to observe
the progress and quality of the executed work and to determine,
in general, if the work is proceeding in accordance with the Con-
tract Documents. He will not be required to make exhaustive or
continuous on -site inspections to check the quality or quantity
- 4` -
of the work Furthermore, the Architect will not have control or
charge of and will not be responsible for the construction means,
methods, techniques, sequences or procedures, or the safety
precautions incident thereto. His efforts will be directed
towards providing assurances for the Owner that the completed
project will conform to the requirements of the Contract Docu-
ments, but -he will not be responsible for the Contractor's
failure to perform the work in accordance with the Contract
Documents. On the basis of his on -site observations, he will
keep the Owner informed of the progress of the work and will
endeavor to protect the Owner against defects and deficiencies in
the work of the Contractor.
The authorized representative and agents of the Owner shall
be permitted to inspect all work, material, payrolls, records of
personnel, invoices of materials and other relevant data and
records.
The Owner reserves the right to perform work related to the
project with his own forces, and to award separate contracts in
connection with other portions of the project or other work on
the site of the Contract. If the Contractor claims that delay or
additional costs are involved because of such action by the
Owner, he shall make such claim as provided elsewhere in the
Contract Documents.
14. LINES AND GRADES
All lines and grades shall be furnished by the Owner's _ -
Representative whenever necessary for the commencement of the
work contemplated by these Contract Documents or the completion
of the work contemplated by these Contract Documents. Whenever
necessary, the Contractor shall suspend his work in order to
permit the Owner's Representative to comply with this require-
ment, but such suspension will be as brief as practical and the
Contractor shall be allowed no extra compensation therefore. The
Contractor shall give the Owner's Representative ample notice of
[
the time and place where lines and grades will be needed. All
stakes, marks, etc., shall be carefully preserved by the Con-
tractor, and in case of careless destruction or removal by him,
his subcontractors or their employees, such stakes, marks, etc.,
shall be replaced by the Owner's Representative at the Contrac-
tor's expense.
15. ARCHITECT'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between
the parties to this Contract that the Architect shall review all
work included herein.
The Architect will review and approve or take other appro-
priate action upon the Contractor's submittals, such as Shop
Drawings, Product Data and Samples, but only for conformance with
the design concept of the work and with the information given in
the Contract Documents.
The Architect will have authority to order minor changes in
the work not involving an adjustment in the Contract Sum or an
extension of the Contract Time and not inconsistent with the
intent of the Contract Documents. Such changes shall be ef-
fected by written order, and shall be binding on the.Owner and
the Contractor. The Contractor shall carry out such written
orders promptly.
The Architect has the authority, to stop the work whenever
such stoppage may be necessary to insure the proper execution
of the Contract. The Architect has the authority to reject work
which does not conform to the Contract Documents.
In order to prevent delays and disputes and to discourage
litigation, it is further agreed that the Architect shall, in all
cases, determine the amounts and quantities of the several kinds
of work which are to be paid.for under this Contract. Based on
the Architect's observations and an evaluation of the Contrac-
tor's Applications for Payment, the Architect will determine the
amounts owing to the Contractor and will issue Certificates for
Payment in accordance with the provisions of this Agreement. He
shall determine all questions in relation to said work and the -
construction thereof, and shall, in all cases, decide every
question whichmay arise relative to the execution of this
Contract on the part of said Contractor. The Architect's
estimates and findings shall be conditions precedent to the right
.of the parties hereto to arbitration or to any action on the
Contract, and to any rights of the Contractor to receive any
money under the Contract; provided, however, that should the
Architect render any decision or give any direction which, in the
opinion of the Owner's Representative, is not in accordance with
the meaning and intent of this Contract, the Owner's Represen-
tative shall notify the Architect and the Contractor of his
objection, and the Architect shall direct the Contractor to
modify or remedy such work to meet the requirements of the
Owner's Representative. Should the Contractor object to any
decision or given direction which, in his opinion, is not in -
accordance with the meaning and intent of this Contract, the
Contractor may file with said Owner's Representative, within 30
days, his written objection to the decision or direction so
rendered, and by such action may reserve the right to submit the
question so raised to arbitration, as hereinafter provided. It
is the intent of this Agreement that there shall be no delay in
the execution of the work. Therefore, written decisions or
directions of the Architect as rendered shall be promptly carried
out, and any claim arising therefrom shall be thereafter adjusted
through arbitration, as hereinafter provided.
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The Owner's Representative shall, within a reasonable time,
render and deliver to both the Architect and the Contractor a
written decision on all written objections filed by the Con-
(' tractor. Should the Owner's Representative fail to make such a
( decision within a reasonable time, an appeal to arbitration may
be taken as if his decision had been rendered against-the
Contractor.
16. SUPERINTENDENCE AND INSPECTIONS
It is agreed by the Contractor that the Owner's Represen-
tative shall be and is hereby authorized to appoint from time to
time such subordinate engineers, supervisors or inspectors as the
said Owner's Representative may deem proper to inspect the
materials furnished and the work performed or being performed
under this Agreement, and to see that said materials are fur-
nished and the work is done in accordance with the specifications
therefor. The Contractor shall furnish all reasonable aid and
assistance required by the subordinate engineers, supervisors or
for the proper inspection and examination of the work.
rinspectors
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17. CONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful
prosecution and completion of this Contract and shall keep on the
work, during its progress, a competent superintendent and any
necessary assistants, all satisfactory to Owner's Representative.
The superintendent shall represent the Contractor in his absence
and all directions given to him shall be binding as if given to
the Contractor. Adequate supervision by competent and reasonable
representatives of the Contractor is essential to the proper
performance of the work, and lack of such supervision shall be
grounds for suspending operations of the Contractor. The work, -
from its commencement to completion, shall be under the exclusive
charge and control of the Contractor and all risk in connection
therewith shall be borne by the Contractor. The Owner, Owner's
Representatives or Architect will not be responsible for the acts
or omissions of the Contractor or any of his agents or employees
!
!
or any other persons performing any of the work.
The Contractor shall be responsible to the Owner for the
acts and omissions of his employees, subcontractors and their
agents and employees and other persons performing any of the work
under a contract with the Contractor.
18. CONTRACTOR'S UNDERSTANDING
It is
understood and agreed that the
Contractor has, by
careful examination,
satisfied himself as
to the nature and
location of
the work, the confirmation of
the ground, the
character,
quality and quantity of materials
to be encountered,
the character
of equipment and facilities
needed preliminary to
and during
the prosecution of the work, and
the general and local
conditions,
and all other matters which in
any way affect the
work under this Contract. No verbal agreement or conversation
with any officer, agent or employee of the Owner, either before
or after the execution of this Contract, shall affect or modify
any of the terms or obligations herein contained.
19. CHARACTER OF WORKERS
To do the work required by this Contract, the Contractor
agrees to employ only orderly and competent workers, skillful in
the performance in the type of work required by the said Con-_
tract, and he further agrees that whenever the Owner's Represen-
tative shall inform him in writing that any worker or workers
doing the work are, in his opinion, incompetent, unfaithful or
disorderly, such worker or workers shall be discharged from the
work and.shall not again be employed to do the work without
written consent of the Owner's Representative.
20. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment,
machinery and materials necessary for the prosecution and com-
pletion of —this Contract where it is not otherwise specifically
provided that the Owner shall furnish same, and it is also
understood that the Owner shall not be held responsible for the
care, preservation, conservation or protection of any materials,
tools, equipment or machinery or any part of the work until it is
finally completed and accepted.
The building of structures for the housing of workers or
equipment will be permitted only at such places as the Owner's
Representative shall direct, and the sanitary conditions of the
grounds in or about such structures shall at all times be main-
tained in a manner satisfactory to the Owner's Representative.
21. SANITATION
Necessary sanitaryconveniences for the use of laborers on
the work site, properly secluded from public observation, shall
be constructed and maintained by the Contractor in such manner
and at such points as shall be approved by a subordinate super-
visor appointed by the Owner's Representative. The Contractor
shall strictly enforce the use of such facilities.
22. OBSERVATION AND TESTING
The Owner's Representative or the Architect shall have the
right at all reasonable times to observe and test the work.
Contractor shall make necessary arrangements and provide proper
facilities and access for such observation and testing at any
location wherever work is in preparation or progress. Contractor
shall ascertain the scope of any observations and tests which may
be contemplated by Owner's Representative or Architect and shall
give ample notice as to the time each part of the work will be
ready for such observations and tests. Owner's Representative or
F
Architect may reject any work found to be defective or not in
accordance with the Contract Documents, regardless of the stage
of its completion or the time or place of discovery of such
errors, and regardless of whether either Owner's Representative
or Architect has previously accepted the work through_oversight
or otherwise. If any work which is required to be inspected,
tested or approved, is covered up without written approval or
consent of the Owner's Representative or Architect, it must, if
requested by the Owner's Representative or Architect, be un-
covered for observation and testing at the Contractor's expense.
In the event that any part of the work is being fabricated or
manufactured at a location where it is not convenient for Owner's
Representative or Architect to make observations of such work or
require testing of said work, then in such event, Owner's Repre-
sentative or Architect may require Contractor to furnish Owner's
Representative or Architect certificates of inspection, testing
or approval made by persons competent to perform such tasks at
the location where that part of the work is being manufactured or
fabricated. All such tests will be in accordance with the
methods prescribed by the American Society for Testing and
Materials or such other applicable organization as maybe required
by law or the Contract Documents.
If any work which is required to be inspected, tested or
approved, is covered up without written approval or consent of
the Owner's Reprsentative or Architect, it must, if requested by
the Owner's Representative or Architect, be uncovered for
observation and testing at the Contractor's expense. The cost of
all such inspections, tests and approvals shall be borne by the
Contractor unless otherwise provided herein.. Any work which
fails to meet the requirements of any such tests, inspections or
approval, and any work which meets the requirements of any such
tests or approval but does not meet the requirements of the
Contract Documents shall be considered defective. Such defective
work shall be corrected at the Contractor's expense.
Neither observations by
Architect, nor inspections,
Representative or Architect
this Agreement to make such
shall relieve the Contractor
work in accordance with the
ments.
the Owner's Representative or
tests or approvals made by Owner's
or other persons authorized under
inspections, tests or approvals,
from his obligation to perform the
requirements of the Contract Docu-
23. DEFECTS AND THEIR REMEDIES
It is agreed that if the work or any part thereof or
any material brought on the site of the work for use in the work
or selected for the same, shall be deemed by the Owner's Repre-
sentative or Architect as unsuitable or not in conformity with
plans, specifications and Contract Documents, the Contractor
shall, after receipt of written notice thereof from the Owner's
Representative or Architect, forthwith remove such material and
rebuild or otherwise remedy such work so that it shall be in full
accordance with
remedial action
the Contractor's
this Contract. It is further agreed that any
contemplated as hereinabove set forth shall be at
expense.
The Contractor shall promptly correct any work rejected by
the Owner's Representative or Architect as defective or as
failing to conform to the Contract Documents, whether observed
before or after substantial completion and whether or not
fabricated, installed or completed, and shall correct any work
found to be defective or nonconforming within a period of one
year from the date of substantial completion of the Contract, or
within such longer period of time as may be prescribed by law or
by the terms of any applicable special warranty required by the
Contract Documents. The provisions of this Section apply to work
done by subcontractors as well as to work done by direct em-
ployees of the Contractor. The Contractor shall bear all costs
of correcting such rejected work, including compensation for the
Architect's additional services made necessary thereby.
If the Contractor fails to correct defective work as
required, or persistently fails to carry out the work in accor-
dance with the Contract Documents, the Owner's Representative, by
a written order signed personally or by an agent specifically so
empowered by the Owner in writing, may order the Contractor to
stop the work', or any portion thereof, until the cause for such
order has been eliminated; however, this right of the Owner to
stop the work shall not give rise to any duty on the part of the
Owner to exercise this right for the benefit of the Contractor or
any other person or entity.
If the Contractor defaults or neglects to carry out the work
in accordance with the Contract Documents, and fails within seven
days after receipt of written notice from the Owner's Representa-
tive or other agent to commence and continue correction of such
default or neglect with diligence and promptness, the Owner may,
after seven days following receipt by the Contractor of an
additional written notice, and without prejudice to any other
remedy he may have, make good such deficiencies. In such case,
an appropriate Change Order shall be issued deducting from the
payments then or thereafter due the Contractor the cost of
correcting such deficiencies, including compensation for the
Architect's additional services made necessary by such default,
neglect or failure. If the payments then or thereafter due the
Contractor are not sufficient to cover such amount, the Contrac-
tor shall pay the difference to the Owner.
If, within one year after the date of substantial completion
of the work or designated portion thereof, or within one year
after acceptance by the Owner of designated equipment, or within
such longer period of time as may be prescribed by law or by the
terms of any applicable special warranty required by the Contract
Documents, any of the work is found to be defective or not in
accordance with the Contract Documents, the Contractor shall
correct it promptly after receipt of a written notice from the
10 -
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Owner to do so unless the Owner has previously given the Con-
tractor a written acceptance of such condition. This obligation
shall survive termination of the Contract. The Owner shall give
such notice promptly after discovery of the defect.
24. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such
changes and alterations as the Owner may see fit, in the line,
grade, form, dimensions, plans or materials for the work herein
contemplated, or any part thereof, either before or after the
beginning of the construction, without affecting the validity of
this Contract and the accompanying bond.
If such changes or alterations diminish the quantity of the
work to be done, they shall not constitute the basis for a claim
for damages, or anticipated profits on the work that may be
dispensed with. If they increase the amount of work, and the
increased work can fairly be classified under the specifications,
such increase shall be paid according to the quantity actually
done and at the unit price established for such work under this
Contract; otherwise, such additional work shall be paid for as
provided under extra work. In case the Owner shall make such
changes or alterations as shall make useless any work already
done or material already furnished or used in said work, then the
Owner shall recompense the Contractor for any material or labor
so used and for any actual loss occasioned by such change due
to actual expenses incurred in preparation for the work as
originally planned.
25. EXTRA WORK
The term "extra work" as used in this Contract shall be
understood to mean and include all work that may be required by
the Owner or Owner's Representative to be done by the Contractor
to accomplish any change, alteration or addition to the work as
shown on the plans and specifications or Contract Documents and
not covered by the Contractor's proposal, except as provided
under changes and alterations herein.
It is agreed that the Contractor shall perform all extra
work under the direction of the Architect when presented with a
written work order signed by the Owner's Representative, subject,
however, to the right of the Contractor to require written
confirmation of such extra work order by the Owner. It is also
agreed that the compensation to be paid to the Contractor for
performing said extra work shall be determined by one or more of
the following methods:
r
Method (A) - By agreed unit prices; or
By lump
Method (B) - agreed sum; or
t.
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r,
Method (C) - If neither Method (A) or Method (B) be agreed
upon before the extra work is commenced, then
the Contractor shall be paid the actual field
cost of the work, plus fifteen (15%) percent.
In the event said extra work be performed and paid for under
Method (C), then the provisions of this paragraph shall apply and
the "actual field cost" is hereby defined to include the cost of
all workmen, such as foremen, timekeepers, mechanics and labor-
ers, and materials, supplies, teams, trucks, rentals on machinery
and equipment, for the time actually employed or used on such
extra work, plus actual transportation charges necessarily
incurred, together with all expenses incurred directly on account
of such extra work, including Social Security, Old Age Benefits,
Maintenance Bonds, Public Liability and Property Damage and
Workmen's Compensation and all other insurances as may be
required by law or ordinances or directed by the Owner's Repre-
sentative or Architect, or by them agreed to. Owner's Represen-
tative may direct the form in which accounts of the actual field
cost shall be kept and records of these accounts shall be made
available to the Owner's Representative. The Owner's Represen-
tative or Architect may also specify in writing, before the work
commences, the method of doing the work and the type and kind of
machinery and equipment to be used; otherwise, these matters
shall be determined by the Contractor. Unless otherwise agreed
upon or specified, the prices for the use of machinery and
equipment shall be determined by using 100%, of the latest
Schedule of Equipment and Ownership Expenses adopted by the
Associated General Contractors of America. Where practical, the
terms and prices for the use of machinery and equipment shall be
incorporated in the written extra work order. The fifteen
percent (150) of the actual field cost to be paid to the Con-
tractor shall cover and compensate him for his profit, overhead,
general superintendence, and field office expense, and all other
elements of cost and expense not embraced within the actual field
cost as herein defined, save that where the Contractor's Camp or
Field Office must be maintained primarily on account of such
extra work, then the cost to maintain and operate the same shall
be included in the "actual field cost."
- No claim for extra work of any kind will be allowed unless
ordered in writing by the Owner's Representative. In case any
orders or nstructions appear to the Contractor to involve extra
work for which he should receive compensation or an adjustment in
the construction time, he shall make a written request to the
Owner's Representative for a written order authorizing such extra
work. Should a difference of opinion arise as to what does or
does not constitute extra work, or as to the payment therefor,
and the Owner's Representative insists upon its performance, the
Contractor shall proceed with the work after making a written
request for a written order and shall keep adequate and accurate
account of the actual field cost thereof, as provided under
- 1`2 -
rj
Method (C). The Contractor will thereby preserve the right to
submit the matter of payment to arbitration, as herein below
provided.
26. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of this Contract
that all work described in the proposal, the specifications,
plans and other Contract Documents is to be done for the price
quoted by the Contractor and that such price shall include all
appurtenances necessary to complete the work in accordance with
the intent of these Contract Documents, as -interpreted by the
Architect.. If the Contractor finds any discrepancies or
omissions in these plans, specifications or Contract Documents,
he should notify the Architect and obtain a clarification before
the bids are received, and if no such request is received by the
Architect prior to the opening of bids, then it shall be consi-
dered that the Contractor fully understands the work to be
included and has provided sufficient sums in his proposal to
complete the work in accordance with these plans and specifi-
cations. It is further understood that any request for clari-
fication must be submitted no later than five days prior to the
opening of bids.
27. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If,
at any time, the
methods or equipment used by the Con-
tractor
are found to be inadequate
to secure the quality of work
with the
rate of progress
required under this Contract, the Owner
or Owner's
increase
Representative
their safety or
may order the Contractor in writing to
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, t.o such an extent as to give reasonable
assurance of compliance with the schedule of progress.
28. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
The Contractor shall take out and procure a policy or
policies of Worker's Compensation Insurance with an insurance
company licensed to transact business in the State of Texas,
which policy or policies shall comply with the Worker's Com-
pensation laws of the State of Texas. The Contractor shall at
all times exercise reasonable precaution for the safety of
employees and others on or near the work and shall comply with
all applicable provisions of federal, state and municipal laws
and building and construction codes. All machinery and equipment
and other physical hazards shall be guarded in accordance with
the "Manual of Accident Prevention in Construction" of Associated
General Contractors of America, except where incompatible with
federal, state or municipal laws or regulations. The Contractor,
13 -
his sureties and insurance carriers shall defend, indemnify and
save harmless the Owner, all of its officers, the Architect and
their agents and employees from all damages, losses, or expenses
and from all suits, actions or claims of any character whatsoever
brought for or on account of any injuries or damages received or
sustained by any person or persons or property, on account of any
negligent act or fault of the Contractor or any subcontractor,
their agents or employees, in execution and supervision of said
Contract, and the project which is the subject matter of this
Contract, including the failure of Contractor or any subcontrac-
tor to provide necessary barricades, w.arning lights or signs, and
will be required to pay any judgment with costs which may be
obtained against the Owner, its officers, the Architect or any of
their agents or employees, including attorney.'s fees.
In any and all claims against the Owner, any officer of the.
Owner, the Architect or any of their agents or employees by any
employee of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose act any of
them may be liable, the indemnification obligation under this
Section shall not be limited in any way by any limitation on the
amount or type of damages, compensation or benefits payable by or
for the Contractor or any subcontractor under Worker's Compensa-
tion acts, disability benefit acts or other employee benefit
acts. The obligations of the Contractor under this Section shall
not extend to the liability of the Architect, his agents or
employees, arising out of (1) the preparation or approval of
maps, drawings, opinions, reports, surveys, change orders,
designs or specifications, or (2) the giving of or the failure to
give directions or instructions by the Architect, his agents or
employees, provided such giving or failure to give is the primary
cause of the injury or damage.
The safety precautions taken shall be the sole responsi-
bility of the Contractor, in his sole discretion as an Indepen-
dent Contractor. Inclusion of this section in the Agreement, as
well as any notice which may be given by the Owner, the Owner's
Representative or the Architect concerning omission under this
section as the work progresses, are intended as reminders to
the Contractor of his duty, and shall not be construed as any
assumption of duty to supervise safety precautions taken by
either the Contractor or any of his subcontractors.
29. CONTRACTOR'S INSURANCE: SCOPE OF INSURANCE AND SPECIAL HAZARDS
The Contractor shall not commence work under this Contract
until he has obtained all insurance as required herein. The
Contractor shall provide insurance for the adequate protection
of the Contractor and his subcontractors, respectively, against
damage claims which may arise from operations under this Con-
tract, whether such operations be by the insured or by anyone
directly or indirectly employed by him and, also, against any of
the special hazards which may be encountered in the performance
of this Contract, as enumerated in the Supplemental General
Conditions.
` The Contractor shall procure and carry, at his sole cost and
expense throughout the life of this Contract, insurance protec-
tion as hereinafter specified. Such insurance shall be carried
t with an insurance company licensed to transact business in the
State of Texas and shall cover all operations in connection with
this Contract, whether performed by the Contractor or a subcon-
tractor, or separate policies shall be provided covering the
operation of each subcontractor. All policies shall contain an
agreement on the part of the insurer waiving the right to
subrogation.
F
(A) Worker's Compensation and Employer's Liability
Insurance.
As required by State statute covering all employees
employed on a work whether employed by the Contractor or any
subcontractor on the job.
(B) Owner's Protective or Contingent Public Liability
Insurance and Property Damage Liability Insurance.
The Contractor shall obtain an Owner's Protective or
Contingent Public Liability Insurance policy naming the City
of Lubbock as an additional insured and the amount of such
policy shall be as follows:
$ 500,000 for bodily injuries, including accidental
death, to any one person, but limited to $ 500p000
per occurrence, and $ 100,000 for property damage.
The Contractor shall obtain a Contractor's Protective
(Contingent) Liability Insurance policy and the amount of
said policy shall be as follows:
In an amount not less than $ 300pOOO for bodily
injuries, including accidental death, to any one
person, but not less than $ 500 000 per occurrence
and in the amount of not less than $__ 300,000 for
property damage.
Said policy shall include:
Premises and Operations
Explosion & Collapse Hazard
Underground Damage Hazard
Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury (with exclusion "c" waived)
F -
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The City is to be named as an additional insured on
this policy for this specific job, and a copy of the
endorsement doing so is to be attached to the Certificate
of Insurance.
In addition to the insurance required above, the
Department of Housing and Urban Development requires that
all contracts in excess of $100,000.00 provide Builders Risk
Insurance (Fire and Extended coverage).
Until the project is completed and accepted by the
Owner, said Owner or Contractor (at the Owner's option, as
indicated in the Supplemental General Conditions, Form
HUD-4238-N) is required to maintain Builder's Risk Insurance
(fire and extended coverage) on a 100 percent completed
value basis on the insurable portion of the project for the
benefit of the Owner, the Contractor and Subcontractors, as
their interests may appear. The Contractor shall not
include any costs for Builder's Risk Insurance (fire and
extended coverage) premiums during construction unless the
Contractor is required to provide such insurance; however,
this provision shall not release the Contractor from his
obligation to complete, according to plans and specifica-
tions, the project covered by the Contract, and the Con-
tractor and his Surety shall be obligated to full perfor-
mance of the Contractor's undertaking.
(C) Automobile Insurance
The Contractor shall procure a Comprehensive Automobile
Liability Insurance Policy providing coverage to include all
owned and non -owned cars, including Employer's Non -ownership
Liability and Hired and Non -owned Vehicles as follows:
In an amount not less that $ 250,000 for injuries,
including accidental death, to any one person, but not
less than $ 500,000 per occurrence, and in the
amount of not less than $ 1009000 for property
damage.
(D) Proof of Coverage
Before work on this Contract is commenced, each
Contractor and subcontractor shall submit to the Owner for
approval three (3) certificates of insurance covering each
insurance policy carried and offered as evidence of compli-
ance with the above insurance requirements, signed by an
authorized representative of the insurance company setting
forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance
applies.
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(3) The name of the policy and type or types of insurance
in force thereunder on the date borne by such certi-
ficate.
(4) The expiration date of the policy and the limit or
-limits of liability thereunder on the date borne by
such certificate.
(5) A statement that the insurance of the type afforded by
{! :the policy applies to all of the operations of whatever
character which are undertaken by the insured during
the performance of this Contract, provided such
operations.are required in the performance of the
Contract.
(6) A provision that the policy may be cancelled only by
mailing written notice to the named insured at the
address shown in the bid specifications, stating when,
not less than ten (10) days thereafter, cancellation
•of such policy shall be effective.
(7) A provision that written notice shall be given to the
Owner ten (10) days prior to any change in or cancel-
lation of the policies shown on the certificate.
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, its officers, the Architect and their agents and employees
harmless from all claims growing out of any demands of subcon-
tractors, laborers, workmen, mechanics, materialmen and fur-
nishers of machinery and parts thereof, equipment, power tools,
all suppliers, including commissary, incurred in the furtherance
of the performance of thi's Contract. When Owner so desires, the
Contractor shall furnish satisfactory evidence that all obliga-
tions of the nature'hereinabove designated have been paid,
discharged or waived.
If during the progress of the work, Contractor shall allow
any indebtedness to accrue for work furnished by any of those
designated in the preceding paragraph and shall fail to pay and
discharge any such indebtedness within five (5) days after demand
is made, then Owner may, during the period for which such indebt-
edness shall remain unpaid, withhold from the unpaid portion of
this Contract, a sum equal to the amount of such unpaid indebt-
edness, or may apply the sum so withheld to discharge any such
indebtedness.
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- 17 -
31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The Contractor shall pay all royalties and license fees, and
shall provide for the use of any design, device, material or
process covered by letters patent or copyright by suitable legal -
agreement with the Patentee or Owner thereof. The'Contractor
shall defend all suits or claims for infringement of any patent
or copyrights and shall indemnify and save the Owner harmless
from any loss on account thereof, except that Owner shall defend
all such suits and claims and shall be responsible for all such
loss when a particular design, device, material or process or the
product of a particular manufacturer or manufacturers is speci-
fied or required in these Contract Documents by Owner; provided,
however, if choice of alternate design, device, material or
process is allowed to the Contractor, then Contractor shall
indemnify and save Owner harmless from any loss on account
thereof. If the material or process specified or required by
Owner is an infringement, the Contractor shall be responsible for
such loss unless he promptly gives written notice to the Owner of
such infringement.
32. LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with
all federal, state and local laws, ordinances and regulations
which in any manner affect the Contract or the work, and shall
indemnify and save harmless the Owner against any claims arising
from the violation of any such laws, ordinances and regulations,
whether by the Contractor or his employees. If the Contractor
observes that the plans and specifications are at variance
therewith, he shall promptly notify the Architect and Owner's
Representative in writing, and any necessary changes shall be
adjusted as provided in the Contract for changes in the work. If
the Contractor performs any work knowing it to be contrary to
such laws, ordinances, rules and regulations, and without such
notice to the Owner's Representative, he shall bear all costs
arising therefrom.
The Owner is a municipal corporation of the State of Texas
and the law from which it derives its powers, insofar as the same
regulates the objects for which, or the manner in which, or the
conditions under which the Owner may enter into contracts, shall
be controlling and shall be considered as part of this Contract
to the same effect as though embodied herein.
33. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed, by and between
the Contractor and the Owner, that the date of beginning and the
time for completion of the work as specified in the Contract are
ESSENTIAL CONDITIONS of this Contract; and it is further mutually
understood and agreed that the work embraced in this Contract
shall be commenced on a date to be specified in the "Notice to
Proceed."
- 18�-
The Contractor agrees that said work shall be prosecuted
regularly, diligently and uninterruptedly at such rate of
progress as will insure full completion thereof within the time
specified. It is expressly understood and agreed -by and between _
the Contractor and the Owner that the time for the completion of
the work described herein is a reasonable time for the comple-
tion of the same, taking into consideration the average climatic
range and usual industrial conditions prevailing in the locality.
If the said Contractor shall neglect, fail or refuse to
complete the work within the time herein specified, or any proper
extension thereof granted by the Owner, then the Contractor does
hereby agree, as a part of the consideration for the awarding of
this Contract, to pay to the Owner the amount specified in the
Bid Proposal, not as a penalty, but as liquidated damages for
such breach of Contract as hereinafter set forth, for each and
every calendar day that the Contractor shall be in default after
the time stipulated in the Contract for completing the work.
The said amount is fixed and agreed upon by and between the
Contractor and the Owner because of the impracticability and
extreme difficulty of fixing and ascertaining the actual damages
the Owner would in such event sustain, and said amount is agreed
to be the amount of damages which the Owner would sustain, and
said amount shall be permanently retained from time to time by
the Owner from current periodical estimates.
It is further agreed that time is of the essence for each
and every portion of this Contract and of the specifications
wherein a definite and certain length of time -is fixed for the
performance of any act whatsoever; and where, under the Contract,
additional time is allowed for the completion of any work, the
new time limit fixed by such extension shall be of the essence of
this Contract. Provided, that the Contractor shall not be
charged with liquidated damages or any excess cost when the Owner
determines that the Contractor is without fault and the Contrac-
tor's reasons for the time extension are acceptable to the Owner.
Provided, further, that the Contractor shall not be charged with
liquidated damages or any excess cost when the delay in comple-
tion of the work is due:
(a) To any preference, priority or allocation order duly
issued by the Government.
(b) To any unforeseeable cause beyond the control and
without the fault or negligence of the Contractor,
I. including, but not restricted to, acts of God or of
the public enemy, acts of the Owner, acts of another
Contractor in the performance of a contract with the
Owner, fires, floods, epidemics, quarantine restric-
tions, strikes, freight embargoes or severe weather;
and
19' _
(c) To any delays of subcontractors or suppliers occasioned
by any of the causes specified in subsections (a) or
(b) of this section.
Provided further, that the Contractor shall, within ten (10)
days from the beginning of such delay, unless the Owner shall
grant a further period of time prior to the date of final
settlement of the Contract, notify the Owner's Representative, in
writing, of the causes of the delay, who shall ascertain the
facts and extent of the delay and notify the Contractor within a
reasonable time of the Owner's decision in the matter.
34. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this Contract, unless
otherwise herein specifically provided, that the Contractor shall
be allowed to prosecute his.work at such time and sessions, in
such order or precedence, and in such manner as shall.be most
conducive to economy of construction; provided, however, that the
order and time of prosecution shall be such that the work shall
be substantially completed as a whole and in part, in accordance
with this Contract, the plans and specifications, and within the
time of completion designated in the proposals; provided, also,
that when the Owner is having other work done, either by contract
or by his own force, the Owner's Representative may direct the
time and manner of construction work done under this Contract so
that conflicts will be avoided and the construction of the
various works being done for the Owner shall be -harmonized.
The Contractor shall submit, at such times as may reasonably
be requested by the Owner's Representative or Architect, sche-
dules which shall show the order in which the Contractor pro-
poses to carry on the work, with dates at which the Contractor
will start the several parts of the work, and estimated dates of
completion of the several parts.
35. EXTENSION OF TIME
The Contractor agrees that he has submitted his proposal in
full recognition of the time required for the completion of this
project, taking into consideration the average climatic range and
:industrial conditions prevailing in this locality, and has
considered the liquidated damage provisions of section 33
hereinabove set forth, and that he shall not be entitled to, nor
will he request, an extension of time on this Contract, except
when his work has been delayed by an act or neglect of the Owner,
Owner's Representative, the Architect, employees of the Owner or
other contractors employed by the Owner, or by changes ordered in
the work, or by strike, walk -outs, acts of God or the public
enemy, fire or flood. The Contractor may apply in writing for an
extension of time, submitting therewith all written justifica-
tions as may be required by the Owner's Representative for such
an extension. The Owner's Representative within ten (10) days
after receipt of a written request for an extension of time by
20 -
the Contractor, supported by all requested documentation shall
then submit such written request to the City Council of the City
of Lubbock for its consideration. Should the Contractor disagree
with the action of the City Council, such disagreement shall be
settled by arbitration as hereinafter provided.
36. HINDRANCE AND DELAYS
In executing this Agreement, the Contractor agrees that in
undertaking to complete the work within the time herein fixed, he
has taken into consideration and made allowances for all hin-
drances and delays incident to such work, whether growing out of
delays in securing material or workmen or otherwise. No charge
shall be -made by the Contractor for hindrance or delays from any
cause during the progress of any part of the work embraced in
this Contract except where the work is stopped by order of the
Owner or Owner's Representative for the Owner's convenience, in
which event such expense, as in the judgment of the Owner's
Representative is caused by such stoppage, shall be paid by Owner
to Contractor.
37. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be
allowed, but the actual measured or computed length, area, solid
contents, number and weight only shall be considered, unless
otherwise specifically provided.
In the event this Contract is let on a unit price basis,
then Owner and Contractor agree that this Contract, including the
specifications, drawings and other Contract Documents are
intended to show clearly all work to be done and material to be
furnished hereunder. Where the estimated quantities are shown
for the various classes of work to be done and material to be
furnished under this Contract, they are approximations and are to
be used only as a basis for estimating the probable cost of the
work and for comparing their proposals offered for the work. It
is understood and agreed that the actual amount of work to be
done and the materials to be furnished under this Contract may
differ somewhat from these estimates, and that where the basis
for payment under this Contract is the unit price.method, payment
shall be for the actual amount of work done and materials
furnished on the project.
38. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the
adjacent or adjoining property or properties in any way en-
countered and which may be injured or damaged by any
process of construction to be undertaken under this Agreement,
and he shall be liable for any and all claims for such injury or
damage on account of his failure to fully protect all adjacent
property. The Contractor agrees to indemnify, save and hold
harmless the Owner against any claim or claims for damages due
- 21
to any injury to any adjacent or adjoining property arising or
growing out of the performance of this Contract, but such
indemnity shall not apply to any claim of any kind arising out
of the existence or character of the work. _
39. PRICE FOR WORK
In consideration of furnishing all necessary labor, equip-
ment and material and the completion of all work by the Contrac-
tor, and on the delivery of all materials embraced in this
Contract in full conformity with the specifications and stipu-
lations herein contained, the Owner agrees to pay the Contractor
the price set forth in the proposal attached hereto, which has
been made a part of this Contract, and the Contractor hereby
agrees to receive such price in full for furnishing all labor,
equipment and material required for the aforesaid work, and for
all expenses incurred by him, and for well and truly performing
the same and the whole thereof in the manner and according to
this Agreement, the attached specifications, drawings, Contract
Documents and requirements of the Architect and the Owner's
Representative.
40. CONSTRUCTION SCHEDULE h PERIODIC ESTIMATES
Immediately after execution and delivery of the Contract,
and before the first partial payment is made, the Contractor
shall deliver to the Owner's Representative and to the Architect -
an estimated construction progress schedule in a form satisfac-
tory to the Owner's Representative and Architect, showing the
proposed dates of commencement and completion of each of the
various subdivisions of work required under the Contract Docu-
ments and the anticipated amount of each monthly payment that
will become due the Contractor in accordance with the progress
schedule. The Contractor shall also furnish on forms to be
supplied by the Owner (a) a detailed estimate giving a complete
breakdown of the Contract price and (b) periodic itemized
estimates of work done for the purpose of making partial payments
thereon. The costs employed in making up any of these schedules
will be used only for determining the basis of partial payments
and will not be considered as fixing a basis for additions to or
deductions from the Contract price.
At least fifteen days before the date for each progress
payment established in Section 41 of these General Conditions,
the Contractor shall submit to the Architect an itemized Appli-
cation for Payment, notarized if required, supported by such data
substantiating the Contractor's right to payment as the Owner or
the Architect may require, and reflecting retainage, if any, as
provided elsewhere in the Contract Documents.
Unless otherwise provided in the Contract Documents,
payments will be made on account of materials or equipment not
incorporated in the work but delivered and suitably stored at
the site.
- 22 -
The Contractor warrants that title to all work, materials
and equipment covered by an application for payment will pass to
the Owner either by incorporation in the construction -or upon
the receipt of payment by the Contractor, whichever occurs first,
free and clear of all liens, claims, security interests or
encumbrances, hereinafter referred to as "liens", and that no
work, materials or equipment covered by an Application for
Payment will have been acquired by the Contractor, or by any
other person performing work at the site or furnishing materials
and equipment for the project, subject to an agreement under
which an interest therein or an encumbrance thereon is retained
by the seller or otherwise imposed by the Contractor or such
other person.
The Architect will, within seven days after the receipt of
the Contractor's Application for Payment, either issue a Certi-
ficate for Payment to the Owner, with a copy to the Contractor,
for such amount as the Architect determines is properly due, or
notify the Contractor in writing of his reasons for withholding a
Certificate.
The issuance of a Certificate for Payment will constitute a
representation by the Architect to the Owner, based on the
Architect's observations at the site and the data comprising the
Application for Payment, that the work has progressed to the
point indicated; that, to the best of his knowledge, information
and belief, the quality of the work is in accordance with the
Contract Documents (subject to an evaluation of the work for
conformance with the -Contract Documents upon Substantial Comple-
tion, to the results of any subsequent tests required by or
performed under the Contract Documents, to minor deviations from
the Contract Documents correctable prior to completion, and to
any specific qualifications stated in his Certificate); and that
the Contractor is entitled to payment in the amount certified.
However, by issuing a Certificate for Payment, the Architect
shall not thereby bedeemed to represent that he has made exhaus-
tive or continuous on -site inspections to check the quality or
quantity of the work, or that he has reviewed the construction
means, methods, techniques, sequences or procedures, or that he
has made any examination to ascertain how or for what purpose
the Contractor has used the moneys previously paid on account of
r
the Contract Sum.
41. PAYMENTS TO CONTRACTOR
After the Architect has issued a Certificate for Payment,
and not later than the 25th day of each calendar month, the Owner
shall make a progress payment to the Contractor on the basis of a
duly certified and approved estimate of the work performed during
k the preceding calendar month under this Contract, but to insure
the proper performance of this Contract, the Owner shall retain
five percent (51) of the amount of each estimate until final
completion and acceptance of all work covered by this Contract:
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- 23 -
Provided, that the Contractor shall submit his estimate not later
than the first day of the month; Provided, further, that the
Owner at any time after fifty percent 50") of the work has-been
completed, if it finds that satisfactory progress is being made,
may make any of the remaining progress payments in full; Pro-
vided, further, that on completion and acceptance -of each
separate building, public work or other division of the Con-
tract, on which the price is stated separately in the Contract,
payment may be made in full, including retained percentages
thereon, less authorized deductions.
In preparing estimates, the material delivered on the site
and preparatory work done may be taken into consideration.
All material and work covered by partial payments made shall
thereupon become the sole property of the Owner, but this
provision shall not be construed as relieving the Contractor
from the sole responsibility for the care and protection of
materials and work upon which payments have been made, or the
restoration of any damaged work, or as a waiver of the right of
the Owner to require the fulfillment of all the terms of the
Contract.
Owner's Right To Withhold Certain Amounts and Make Applica-
tion Thereof: The Contractor agrees that he will indemnify and
save the Owner harmless from all claims growing out of the lawful
demands of subcontractors, laborers, workmen, mechanics, mate-
rialmen and furnishers of machinery and parts thereof, equip- _
ment, power tools and all supplies, including commissary,
incurred in -the furtherance of the performance of the Contract.
The Contractor shall, at the Owner's request, furnish satisfac-
tory evidence that all obligations of the nature hereinabove
designated have been paid, discharged or waived. If the
Contractor fails so to do, then the Owner may, after having
served written notice on the said Contractor, either directly pay
unpaid bills of which the Owner has written notice, or withhold
from the Contractor's unpaid compensation a sum of money deemed
reasonably sufficient to pay, any and all such lawful claims until
satisfactory evidence is furnished that all liabilities have been`
fully discharged, whereupon payment to the Contractor shall be `
resumed in accordance with the terms of this Contract, but in no
event shall the provisions of this sentence be construed to
impose any obligations upon the Owner to either the Contractor or
his Surety. In paying any unpaid bills of the Contractor, the
Owner shall be deemed the agent of the Contractor, and any
payment so made by the Owner shall be considered as a payment
made under the Contract by the Owner to the Contractor, and the
Owner shall not be liable to the Contractor for any such payments
made in good faith.
No Certificate for a progress payment, nor any progress
payment, nor any partial or entire use or occupancy of the
project by the Owner, shall constitute an acceptance of any work
not in accordance with the Contract Documents.
- 2 4' -
. The Contractor shall promptly pay each subcontractor, upon
receipt of payment from the Owner, out of the amount paid to the
Contractor on account of such subcontractor's work, the amount to
which said subcontractor is entitled, reflecting the percentage -
actually retained, if any, from payments to the Contractor on
account of -such subcontractor's work. The Contractor shall, by
an appropriate agreement with each subcontractor, require each
subcontractor to make payments to his sub -subcontractors in
similar manner.
42. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND
SUBCONTRACTORS
The Contractor and each subcontractor shall prepare their
payrolls on forms satisfactory to and in accordance with in-
structions to be furnished by the Local Public Agency or Public
Body. The Contractor shall submit weekly to the Local Public
Agency or Public Body two certified copies of all payrolls of the
Contractor and of the subcontractors, it being understood that
the Contractor shall be responsible for the submission of copies
of payrolls of all subcontractors. Each such payroll shall
..
contain the "Weekly Statement of Compliance" set forth in Section
3.3 of Title 29, Code of Federal Regulations. The payrolls and
basic payroll records of the Contractor and each subcontractor
covering all laborers and mechanics employed upon the work
covered by this Contract shall be maintained during the course of
the work and preserved for a period of three (3).years there-
after. Such payrolls and basic payroll records shall contain the
name and address of each such employee, his correct classifica-
tion, rate of pay (including rates of contributions or costs
anticipated of the types described in Section 1(b)(2) of the
..
Davis -Bacon -Act), daily and weekly number of hours worked,
deductions made and actual wages paid. In addition, whenever the
Secretary of Labor has found under Section 5.5(a)(1)(iv) of Title
29, Code of Federal Regulations, 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 or
�^
subcontractor shall maintain records which show that the
commitment to provide such benefits is enforceable, that the plan
or program is financially responsible and that the plan or
program has been communicated in writing to the laborers or
mechanics affected, and records which show the costs anticipated
or the actual cost incurred in providing such benefits. The
Contractor and each subcontractor shall make their employment
r",
records with respect to persons employed by them upon the work
i
covered by this Contract available for inspection by authorized
representatives of the Secretary of Housing and Urban Develop-
ment, the Local Public Agency or Public Body and the United
`
States Department of Labor. Such representatives shall be
permitted to interview employees of the Contractor or of any
r
f
subcontractor during working hours on the job.
', - 25 -
43. MINIMUM WAGES (See Exhibit 8: In excess of $2,000)
All laborers and mechanics employed upon the work covered by
this Contract shall be paid unconditionally and not less often
than once each week, and without subsequent deduction -or rebate -
on any account (except such payroll deductions as are made
mandatory by law and such other payroll deductions as are
permitted by the applicable regulations issued by the Secretary
of Labor, United States Department of Labor, pursuant to the
Anti -Kickback Act hereinafter identified), the full amount due at
time of payment computed at wage rates not less than those
contained in the wage determination decision"of said Secretary of
Labor (a copy of which is included in Exhibit 8) regardless of
any contractual relationship which may be alleged to exist
between the Contractor or any subcontractor and such laborers and
mechanics. All laborers and mechanics employed upon such work
shall be paid in cash, except that payment may be by check if the
employer provides or secures satisfactory facilities approved by
the Local Public Agency or Public Body for the cashing of the
same without cost or expense to the employee. For the purpose of
this clause, contributions made or costs reasonably anticipated
under Section 1(b)(2) of the Davis -Bacon Act on behalf of
laborers or mechanics are considered wages paid to such laborers
or mechanics, subject to the provisions of Section 5.5(a)(1)(iv)
of Title 29, Code of Federal Regulations. Also for the purpose
of this clause, regular contributions made or costs incurred for
more than a weekly period under plans, funds or programs, but
covering the particular weekly period, are deemed to be con-
structively made or incurred during such weekly period.
44. POSTING WAGE DETERMINATION DECISIONS AND AUTHORIZED WAGE
DEDUCTIONS
The applicable wage poster of the Secretary of Labor, United
States Department of Labor, and the applicable wage determination
decisions of said Secretary of Labor with respect to the various
classification of laborers and mechanics employed and to be
employed upon the work covered by this Contract, and a statement
showing all deductions, if any, in'accordance with the provisions
of this Contract, to be made from wages actually earned by
persons so employed or to be employed in such classifications,
shall be posted at appropriate conspicuous points at the site of
the work.
45. EMPLOYMENT OF LABORERS OR MECHANICS NOT LISTED IN AFORESAID
WAGE DETERMINATION DECISIONS
Any class of laborers or mechanics which is not listed in
the wage determination decisions and which is to be employed
under the Contract will be classified or reclassified conform-
ably to the wage determination by the Local Public Agency or
Public Body, and a report of the action taken shall be submitted
by the Local Public Agency or Public Body, through the Secretary
of Housing and Urban Development, to the Secretary of Labor,
- 26 -
United States Department of Labor. In the event the interested
parties cannot agree on the proper classification or reclassi-
fication of a particular class of laborers and mechanics to'be
used, the question, accompanied by the recommendation of the
Local Public Agency or Public Body, shall be referred, through
�.., the Secretary of Housing and Urban Development, to the Secretary
s of Labor for final determination.
46. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY EMPLOYEES
The transportation of materials and supplies to or from the
site of the Project or Program to which this Contract pertains
by the employees of the Contractor or of any subcontractor, and
the manufacturing or furnishing of materials, articles, supplies
or equipment on the site of the Project or Program to which this
Contract pertains by persons employed by the Contractor or by
any subcontractor, shall, for the purposes of this Contract, and
without limiting the generality of the foregoing provisions of
this Contract, be deemed to be work to which these Federal Labor
Standards Provisions are applicable.
47. UNDERPAYMENTS OF WAGES OR SALARIES
In case of underpayment of wages by the Contractor or by any
subcontractor to laborers or mechanics employed by the Contractor
or subcontractor upon the
work covered by this Contract, the
Local Public Agency or Public
Body, in addition to such other
M
rights as may be afforded
it under this Contract, shall withhold
from the Contractor, out
of any payments due the Contractor, so
much thereof as the Local
Public Agency or Public Body may
t
consider necessary to pay
such laborers or mechanics the full
amount of wages required
by this Contract. The amount so
withheld may be disbursed
Body, for
by the Local Public Agency or Public
the Contractor the
and on account
of or subcontractor
(as may be appropriate),
to the respective laborers or mechanics
to whom the same is due,
or on their behalf to plans, funds or
programs for any type offringe
benefit prescribed in the
applicable determination.
t
48. ANTICIPATED COSTS OF FRINGE BENEFITS
If the Contractor does not make payments to a trustee or
r• other third'person, he may consider as part of the wages of any
laborer or mechanic the amount of any costs reasonably antici-
pated in providing fringe benefits under a plan or program of a
type expressly listed in the wage determination decisions of the
Secretary of Labor, which are a part of this Contract: Provided,
the Secretary of Labor has found, upon the written request of the
Contractor, that the applicable standards of the Davis -Bacon Act
have been met. The Secretary of Labor may require the Contractor
to set aside, in a separate account, assets for meeting the
obligations under the plan or program. A copy of any findings
made by the Secretary of Labor in respect to fringe benefits
', - 27 -
being provided by the Contractor must be submitted to the Local
Public Agency or Public Body with the first payroll filed by the
Contractor subsequent to receipt of the findings.
k...-..F.RL.�1EE..BENEF..IrS..N.OT ..EXPRESSED..A. S .HOURLY WAGE RATES
The Local Public Agency or Public Body shall require,
whenever the minimum rate prescribed in the Contract for a class
of laborers or mechanics includes a.fringe benefit which is not
expressed as an hourly wage rate, and the Contractor is obligated
to pay the cash -equivalent of such a fringe benefit, an hourly
cash equivalent thereof to be established. In the event the -
interested parties cannot agree upon a cash equivalent of the
fringe benefit, the question, accompanied by the recommendation
of the Local Public Agency or Public Body, shall be referred,
•t'hrough the Secretary of Housing and Urban Development, to the
Secretary of Labor for determination.
50. OVERTIME COMPENSATION REQUIRED BY CONTRACT WORK HOURS AND
SAFETY STANDARDS ACT (76 STAT. 357-360: TITLE 40 U.S.C.
SECTIONS 327-332
(a) Overtime requirements. No Contractor or subcontractor
contracting for any part of the Contract work which may require
or involve the employment of laborers or mechanics, including
watchmen and guards, shall require or permit any laborer or
mechanic in any work week in which they are employed on such work
to work in excess of 40 hours in such work week unless such
laborer or mechanic receives compensation at a rate not less than
one and one-half times their basic rate of pay for all hours
worked in excess of 40 hours in such work week.
(b) Violation: Liability for unpaid wages and liquidated
damages. In the event of any violation of the clause set forth
in paragraph (a) of this Section, the Contractor and any subcon-
tractor responsible therefor shall be liable to any affected
employee for his unpaid wages. In addition, such Contractor and
subcontractor shall be liable to the United States for liquidated
damages. Such liquidated damages -shall be computed with respect -
to each individual laborer or mechanic employed in violation of,
the clause set forth in paragraph (a) in the sum of $10 for each
calendar day on which such employee was required or permitted to
work in excess of the standard work week of 40 hours without
payment of the overtime wages required by the clause set forth in
paragraph (a).
(c) Withholding for liquidated damages. The Local Public
Agency or Public Body shall withhold or cause to be withheld from
any moneys payable on account of work performed by the Contractor
or any subcontractor such sums as may administratively be
28 -
determined to be necessary to satisfy any liabilities of such
Contractor or subcontractor for liquidated damages as provided in
the clause set forth in paragraph (b) of this Section.
(d) Subcontracts. The Contractor shall insert -In any
subcontracts the clauses set forth in paragraphs (a), (b) and
(c) of this Section and also a clause requiring the subcon-
tractors to include these clauses in any lower tier subcontract
which they may enter into, together with a clause requiring this
insertion in any further subcontracts that may in turn be made.
51. EMPLOYMENT OF APPRENTICES/TRAINEES
(a) Apprentices will be permitted to work at less than the
predetermined rate for the work they perform when they are
employed and individually registered in a bona fide apprentice-
ship program registered with the U. S. Department of Labor,
Manpower Administration, Bureau of Apprenticeship and Training,
or with a State Apprenticeship Agency recognized by the Bureau,
or if a person is employed in his first-90 days of probationary
employment as an apprentice in such an apprenticeship program who
is not individually registered in the program, but who has been
certified by the Bureau of Apprenticeship and Training or a State
Apprenticeship Agency (where appropriate) to be eligible for
probationary employment as an apprentice. The allowable ratio of
apprentices to journeymen in any craft classification shall not
be greater than the ratio permitted to the Contractor as to his
entire work force under the registered program.. Any employee
listed on a payroll at an apprentice wage rate who is not a
trainee as defined in paragraph (b) of this Section, or is not
registered or otherwise employed as stated above, shall be paid
the wage rate determined by the Secretary of Labor for the
classification of work he actually performs. The Contractor or
subcontractor will be required to furnish to the contracting
officer, or a representative of the Wage -Hour Division of the
U.S. Department of Labor, written evidence of the registration of
his program and apprentices, as well as the appropriate ratios
and wage rates (expressed in percentages of the journeymen hourly
rates), for the area of construction prior to using any appren-
tice on the Contract work. The wage rate paid apprentices shall
be not less than the appropriate percentage of the journeyman's
`
rate contained,.in the applicable wage determination.
(b) Trainees. Except as provided in 29 CFR 5.15, trainees
will not be permitted to work at less than the predetermined rate
for the work performed unless they are employed pursuant to and
individually registered in a program which has received prior
approval, evidenced by formal certification, by the U. S.
Department of Labor, Manpower Administration, Bureau of Appren-
ticeship and Training. The ratio of trainees to journeymen shall
not be greater than permitted under the plan approved by the
Bureau of Apprenticeship and Training. Every trainee must be
�..
paid at not less than the rate specified in the approved program
for his level of progress. Any employee listed on the payroll at
I
- 29 -
a trainee rate who is not registered and participating in a
training plan approved by the Bureau of Apprenticeship and
Training shall be paid not less than the wage rate determined by
the Secretary of Labor for the classification of work he actually
performs. The Contractor or subcontractor will be required to _
furnish the contracting officer or a representative of the
Wage -Hour Division of the U.S. Department of Labor written
evidence of the certification of his program, the registration of
the trainees and the ratios and wage rates prescribed in that
program. In the event the Bureau of Apprenticeship and Training
withdraws approval of a training program, the Contractor will no
longer be permitted to utilize trainees at less than the appli-
cable predetermined rate for the work performed until an accept-
able program is approved.
(c) Equal Employment Opportunity. The utilization of
apprentices, trainees and journeymen under this part shall be in
conformity with the equal employment opportunity requirements of
Executive Order 11246, as amended, and 29 CFR Part 30.
52. EMPLOYMENT OF CERTAIN PERSONS PROHIBITED
No person under the age of sixteen years and no person who,
at the time, is serving sentence in a penal or correctional
institution shall be employed on the work covered by this
Contract.
53. REGULATIONS PURSUANT TO SO-CALLED "ANTI -KICKBACK ACT"
The Contractor shall comply with the applicable regulations
(See Exhibit A, attached and herein incorpo-
rated by reference) of the Secretary of Labor, United States
Department of Labor, made pursuant to the so-called "Anti -Kick-
back Act" of June 13, 1934 (48 Stat. 9489 62 Stat. 8629 63 Stat.
1089 72 Stat. 967; 62 Stat..740: Title 18 U.S.C., Section 874
and Title 40 U.S.C., Sec.tion 276c) and any amendments or modi-
fications thereof, and shall causeappropriate provisions to be
inserted in subcontracts to insure compliance therewith by all
subcontractors subject thereto, and shall be responsible for the
submission of affidavits required by subcontractors thereunder,
except as said Secretary of Labor may specifically provide for
reasonable limitations, variations, tolerances and exemptions
from the requirements thereof.
54. COMPLAINTS, PROCEEDINGS OR TESTIMONY BY EMPLOYEES
No laborer or mechanic to whom the wage, salary or other
labor standards provisions of this Contract are applicable shall
be discharged or in any other manner discriminated against by the
Contractor or any subcontractor because such employee has filed
any complaint or instituted or caused to be instituted any
proceeding or has testified or is about to testify in any
proceeding under or relating to the labor standards applicable
to his employer under this Contract.
- 30" -
r
55. CLAIMS AND DISPUTES PERTAINING TO WAGE RATES
Claims and disputes pertaining to wage rates or to clas-
sifications of laborers and mechanics employed upon tte work
covered by this Contract shall be promptly reported by the
Contractor, in writing, to the Local Public Agency or Public Body
for referral by the latter through the Secretary -of Housing and
Urban Development to the Secretary of Labor, United States
Department of Labor, whose decision shall be final with respect
i
thereto.
56. QUESTIONS CONCERNING CERTAIN FEDERAL STATUTES AND
REGULATIONS
�.
All questions arising under this Contract which relate to
the application or interpretation of (a) the aforesaid Anti -
Kickback Act, (b) the Contract Work Hours and Safety Standards
Act, (c) the aforesaid Davis -Bacon Act, (d) the regulations
issued by the Secretary of Labor, United States Department of
Labor, pursuant to said Acts or (e) the labbr standards pro-
visions of any other pertinent Federal statute, shall be re-
ferred, through the Local Public Agency or Public Body and the
Secretary of Housing and Urban Development, to the Secretary of
Labor, United States Department of Labor, for said Secretary's
appropriate ruling or interpretation, which shall be authori-
tative and may be relied upon for the purposes of this Contract.
57. FINAL COMPLETION AND ACCEPTANCE
When the Contractor considers that the work, or a designated
portion thereof which is acceptable to the Owner, is substan-
tially complete as defined, the Contractor shall prepare for
submission to the Architect a list of items to be completed or
corrected. The failure to include any items on such list does
not alter the responsibility of the Contractor to complete all
work in accordance with the Contract Documents.
r
Within thirty-one (31) days after the Contractor has given
the Architect,written notice that the work has been completed or
substantially completed, the Architect and the Owner's Represen-
tative_.shall inspect .the -work an.d within said ,time, if the work
f-
be found to'be completed or substantially completed in accordance
!'
with the Contract Documents, the Architect will then prepare a
Certificate of Substantial Completion, which shall establish the
Date of Substantial Completion, and shall fix the time within
which the Contractor shall complete the items listed therein.
Warranties required by the Contract Documents shall commence on
the Date of Substantial Completion of the Work or designated
portion thereof, unless otherwise provided in the Certificate of
Substantial Completion. The Certificate of Substantial Comple-
tion shall be submitted to the Owner and the Contractor for their
written acceptance of the responsibilities assigned to them in
such Certificate.
- 31 - .
Upon Substantial Completion.of the Work or designated
portion thereof, and upon application by the Contractor and
certification by the Architect, the Owner shall within ten
(10) days issue a certificate of acceptance of the -work to _
the Contractor. --
58. FINAL PAYMENT
Upon receipt of written notice that the work is ready for
final inspection and acceptance, and upon receipt of a final
Application for Payment, the Architect will promptly make such
inspection and, when he finds the work acceptable under the
Contract Documents, and the Contract fully performed, he will
prepare a Final Statement of the value of all work performed and
materials furnished under the terms of the Agreement and promptly
issue a final Certificate for Payment, stating that to the best
of his knowledge, information and belief, and on the basis of his
observations and inspections, the work has been completed in
accordance with the terms and conditions of the Contract Docu-
ments, and that the entire balance found due the Contractor and
noted in said final Certificate, is due and payable. The
Architect's final Certificate for Payment will constitute a
further representation that the conditions precedent to the
Contractor's being entitled to final payment, as set forth, have
been fulfilled.
Upon receipt of the Architect's Certificate. of Completion,
the Owner's Representative shall, if such Certificate is satis-
factory, submit same to the Owner, who shall pay to the Contrac-
tor on or before the 31st day after the date of the Certificate
of Completion, the balance due Contractor under the terms of this
Agreement, provided he has fully performed his contractual
obligations under the terms of said Agreement; and said payment
shall become due in any event upon said performance by the
Contractor. Neither the certificate of acceptance, nor the final
payment, nor any provisions in the Contract Documents shall
relieve the Contractor of the obligation for fulfillment of any
warranty which may be required in the special conditions (if any)
of this Contract or in the specifications made a part of this
Contract.
59. CORRECYION OF WORK BEFORE FINAL PAYMENT FOR WORK
The Contractor shall promptly remove from the Owner's
premises all materials condemned by the Owner's Representative on
account of failure to conform to the Contract, whether actually
incorporated in the work or not, and the Contractor shall at his
own expense promptly replace such condemned materials with other
materials conforming to the requirements of the Contract. The
Contractor shall also bear the expense of restoring all work of
other contractors damaged by any such removal or replacement. If
the Contractor does not remove and replace any such condemned
- 32 -
work within a reasonable time after a written notice by the Owner
or the Owner's Representative, Owner may remove and replace it at
�., Contractor's expense.
r
60. CORRECTION OF WORK AFTER FINAL PAYMENT
Neither the final payment nor certificate nor any provision
in this Contract shall relieve the Contractor of responsibility
for faulty materials or workmanship, and he shall remedy any
defects due thereto and pay for any damage to other work result-
ing therefrom which shall appear within a period of one (1) year
from the date of substantial completion. The Owner or the
Owner's Representative shall give notice of observed defects with
reasonable promptness.
61. PAYMENT WITHHELD
The Architect may decline to certify payment, and may
withhold his Certificate in whole or in part, to the extent
reasonably necessary to protect the Owner if, in his opinion, he
is unable to make representations..to the Owner as provided. If
the Architect is unable to make representations to the Owner as
provided, and to certify payment in the amount of the Applica-
tion, he will notify the Contractor. If the Contract or the
Architect cannot agree on a revised amount, the Architect will
promptly issue a Certificate for Payment for the amount for which
he is able to make such representations to the Owner. The
Architect may also decline to certify payment or, because of
subsequently discovered evidence or subsequent observations, he
may nullify the whole or any part of any Certificate for Payment
previously issued, or the Owner may withhold or nullify the whole
or part of any Certificate of Payment, to such extent as may be
necessary to protect the Owner from loss because of:
1. defective work not remedied,
2. third party claims filed or reasonable evidence
indicating probable filing of such claims,
3. failure.of the Contractor to make payments properly to
subcontractors, or for labor, materials -or equipment,
4 reasonable evidence that the work cannot be completed
for the unpaid balance of the Contract Sum,
5. damage to the Owner or another contractor,
6. reasonable evidence that the work will not be completed
within the Contract time,
7. persistent failure to carry out the work in accordance
with the Contract Documents, or
33
8. failure to comply with contractual obligations to meet
all federal requirements concerning labor standards.
When the above grounds are removed, or the Contractor
provides a surety bond satisfactory to the Owner which will
protect the Owner in the amount withheld, payment shall be made
for amounts withheld because of the above grounds.
62. DELAYED PAYMENT
If within seven days after receipt of.the Contractor's
Application for Payment, the Architect does not issue a Certi-
ficate for Payment or notify the Contractor that he is unable to
'make representations to the Owner, as provided in Section 40
herein, or if the Owner does not pay the Contractor within seven
days after the date established in the Contract Documents any
amount certified by the Architect or awarded by arbitration, or
any sum due to the Contractor which is not in dispute, then the
Owner shall pay the Contractor, in addition to the sums shown as
due by such statement or Certificate, interest thereon at the
rate of zero percent per annum, unless otherwise specified, from
the date due, as provided under partial payments and final
payments heretofore set forth in this Contract, until such sums
are fully paid, which shall fully liquidate any injury to the
Contractor growing out of such delay in payment.
63. TIME OF FILING CLAIMS _
It is further agreed by both parties hereto that all
questions of dispute or adjustment presented by the Contractor
shall be in writing and filed with the Owner's Representative
within fifteen (15) days after the Architect has given any
directions, orders or instructions to which the Contractor
desires to take exception. The Owner's Representative shall
reply to such written exceptions by the Contractor and render his
final decision in writing. In case the Contractor should appeal
from the decision of the Owner's Representative, any demand for
arbitration shall be filed with, the Owner's Representative and
the Owner in writing within ten (10) days after the date of
delivery to the Contractor of the final decision of the Owner's
Representative. It is further agreed that final acceptance of the
work by the Owner and the acceptance by the Contractor of the
final payment shall be a bar to any claim by either party, except
where noted otherwise in the Contract Documents.
64. ARBITRATION
All questions of dispute under this Agreement shall be
submitted to arbitration at the request of either party to the
dispute. The parties may agree upon one arbitrator, otherwise,
there shall be three; one named in writing by each party and the
third chosen by the two arbiters selected; or if the arbiters
fail to select a third arbiter within ten (10) days, he shall be
chosen by the District Judge, 72nd District of Texas. Each
- 34 -
F
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 the Arbitration Statutes of
Texas, being Article 224, et seq., Vernon's Annotated Civil
Statutes. THE DECISION OF THE ARBITERS UPON ANY QUESTION
SUBMITTED TO ARBITRATION UNDER THIS CONTRACT SHALL BE A CON-
DITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION.
The arbiters, if they deem the case demands it, are autho-
rized to award the party whose contention is sustained such sums
as they deem proper for the time, expense and trouble incident to
the appeal, and if the appeal was taken without reasonable cause,
they may award damages for any delay occasioned thereby. The
arbiters shall fix their own compensation, unless otherwise
provided by agreement, and shall assess the costs and charges of
the arbitration upon either or both parties. The award of the
arbiters must be made in writing and shall not be open to
objection on account of the form of proceedings or award.
65. ABANDONMENT BY CONTRACTOR
In case the Contractor should abandon and fail or refuse to
resume work within ten (10),days after written notification from
the Owner's Representative or Architect, or if the Contractor
fails to comply with the orders of.the Architect, when such
orders are consistent with this Contract, or the Specifications
hereto attached, then the Surety on the bond shall be notified in
:writing.and,directed to complete the work, and a copy of said
notice shall be delivered to the Contractor.
After receiving said notice of abandonment, the Contractor
shall not remove from the work any 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 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 Section 25 of this
F
- 35 -
Contract); it being understood that the use of such equipment and
materials will ultimately reduce the cost to complete the work
and be reflected in the final settlement.
In case the Surety should fail to commence compliance with
the notice for completion hereinbefore provided for, within ten
(10) days after service of such notice, then the Owner may
provide for completion of the work in either of the following
elective manners:
(a) The Owner may employ such force of men and use of
machinery, equipment, tools, materials and supplies as said
Owner may deem necessary to complete the work and charge the
expense of such labor, machinery, equipment, tools, mate-
rials and supplies to said Contractor, and the expense so
charged shall be deducted and paid by the Owner out of such
moneys as may be due, or that may thereafter at any time
become due to the Contractor under and by virtue of this
Agreement. In case such expense is less than the sum which
would have been payable under this Contract, if the same had
been completed by the Contractor, then said Contractor shall
receive the difference. In case such expense is greater
than the sum would have been payable under this Contract, if
the same had been completed by said Contractor, then the
Contractor and/or his Surety shall pay the amount of such
excess to the Owner; or
(b) The Owner, under sealed bids, after notice
published as required by law, at least twice in a newspaper
having a general circulation in the county where the -work is
located, may let the contract for the completion of the
work under substantially the same terms and conditions which
are provided in this Contract. In case of any increase in
cost to the Owner under the new contract as compared to what
would have been the cost under this Contract, such increase
shall be charged to the Contractor, and the Surety shall be
and remain bound therefore. However, should the cost to
complete any such new Contract prove to be less than that
which would have been the cost to complete the work under
this Contract, the Contractor or his Surety shall be `
credited°therewith.
When the work shall have been substantially completed,
the Contractor and his Surety shall be so notified and
certificates of completion and acceptance, as provided in
Section 57 hereinabove set forth, shall be issued. A
complete itemized statement of the Contract accounts,
certified by the Owner's Representative as being correct,
shall then be prepared and delivered to the Contractor and
his Surety, whereon the Contractor or his Surety or the
Owner, as the case may be, shall pay the balance due, as
reflected by said statement, within sixty days after the
date of certificate of completion.
- 36 -
1,
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,
rtools,
materials or supplies left on the site of the work
shall be turned over to the Contractor and/or his Surety.
Should the cost to complete the work exceed the contract
price, and the Contractor and/or his Surety fail to pay the
amount due the Owner within the time designated hereinabove,
and there remains any machinery, equipment, tools, materials
or supplies on the site of the work, notice thereof,
together with an itemized list of such equipment and
materials shall be mailed to the Contractor and his Surety
at the respective addresses designated in this Contract;
provided, however, that actual written notice given in any
manner will satisfy this condition. After mailing, or other
giving of such notice, such property shall be held at the
risk of the Contractor and his Surety, subject only to the
duty of the Owner to exercise ordinary care to protect such
property. After fifteen (15) days from the date of said
notice, the Owner may sell such machinery, equipment, tools,
materials or supplies and apply the net sum derived from
such sale to the credit of the Contractor and his Surety.
Such sale may be made at either public or private sale, with
or without notice, as the Owner may elect. The Owner shall
release to the proper owners any machinery, equipment, _
tools, materials or supplies which remain on the job site
and belong to persons other than the Contractor of his
Surety.
66. ABANDONMENT BY OWNER
In case the Owner shall fail to comply with the terms of
this Contract, and should fail or refuse to comply,with said
terms within ten (10) days after written notification by the
Contractor, then the Contractor may suspend or wholly abandon the
work, and may remove therefrom all machinery, tools and equip-
ment, and all materials on the ground that have not been included
in payments to the Contractor and have not been incorporated into
the work. Thereupon, the Architect shall make an estimate of the
total amount earned by the Contractor, which estimate shall
include the value of all work actually completed by said Con-
tractor at the prices stated in the attached proposal, the value
of all partially completed work at a fair and equitable price,
and the amount of all Extra Work performed at the prices agreed
upon, or provided for by the terms of this Contract, and a
reasonable sum to cover the cost of any provisions made by the
Contractor to carry the whole work to completion, and which
cannot be utilized. The Architect shall then make a final
statement of the balance due the Contractor by deducting from the
above estimate all previous payments by the Owner and all other
sums that may be retained by the Owner under the terms of this
[
37
Agreement, and shall certify same to the Owner's Representative.
If the Owner's Representative finds the statement to be satis-
factory, he shall submit it to the Owner, who shall pay to the
Contractor on or before thirty (30) days after the date of the
notification by the Contractor the balance shown by s-aid final -
statement as due the Contractor under the terms of this Agree-
ment.
67. LOSSES FROM NATURAL CAUSES
Unless otherwise specified herein, all loss or damage to the
Contractor arising out of the nature of the work to be done, or
from the action of the elements, or from any unforeseen circum-
stances and the prosecution of the same, or from unusual obstruc-
tions or difficulties which may be encountered in the prosecution
of the work, shall be sustained and borne by the Contractor at
his own cost and expense.
68. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor,
with full, complete and exclusive power and authority to direct,
supervise and control his own employees and to determine the
method for performance of the work covered by this Contract. The
fact that the Owner's Representative or Architect shall have the
right to observe Contractor's work during its performance and to
carry out the other prerogatives which are expressly reserved to
and vested in the Owner, Owner's Representative or Architect
hereunder, is not intended to and shall not at any time change or
affect the status of the Contractor as an independent contractor
with respect to the Owner, Owner's Representative, Architect or
the Contractor's own employees, or to any other person, firm or
corporation.
69. CLEANING UP
The Contractor shall at all times keep the premises free
from accumulation of debris caused by the work, and at the
completion of the work he shall remove all such debris and also
his tools, scaffolding and surplus materials, and shall leave the
work broom clean or its equivalent. The work shall be left in
good order and condition. In case of dispute, the Owner may
remove the debris and charge the cost to the Contractor.
70. CONTRACTOR'S RIGHT TO TERMINATE
The Contractor shall have the right to terminate the
Contract at any time when circumstances beyond the Contractor's
control occur, thru no fault of the Contractor, which prohibit
the completion of the Agreement as contemplated by the parties at
the time of execution. Should the Contractor choose to terminate
this Agreement, he shall accrue no rights to full payment
hereunder and shall receive only a pro rats payment for work
actually performed, the amount of such payment to be assessed by
- 38 -
I
the Owner. Should the Contractor choose not to terminate, even
though cause exists under this provision, liquidated damages as
set forth herein shall in no way be affected.
71. RIGHT OF THE OWNER TO TERMINATE CONTRACT
In the event that any of the provisions of this Contract are
violated by the Contractor, or by any of his subcontractors, the
Owner may serve written notice upon the Contractor and the Surety
of the Owner's intention to terminate the Contract, such notices
to contain the reasons for such intention, and unless within ten
(10) days after the serving of such notice upon the Contractor,
such violation or delay shall cease and satisfactory arrangement
of correction be made, the Contract shall, upon the expiration of
said ten (10) days, cease and terminate. In the event of any
such termination, the Owner shall immediately serve notice
thereof upon the Surety and the Contractor, and the Surety shall
have the right to take over and perform the Contract: Provided,
however, that if the Surety does not commence performance thereof
within then (10) days from the date of the mailing to such Surety
of notice of termination, the Owner may take over the work and
prosecute the same at the expense of the Contractor and the
Contractor and his Surety shall be liable to the Owner for any
excess cost occasioned the Owner thereby, and in such event the
Owner may take possession of and utilize in completing the work
such materials, appliance and plant as may be on the site of the
work and necessary therefor.
72. BREACH OF FOREGOING FEDERAL LABOR STANDARDS PROVISIONS
In addition to the causes for termination of this Contract
as herein elsewhere set forth,.the Local Public Agency or Public
Body reserves the right to terminate this Contract if the
Contractor or any subcontractor whose subcontract covers any of
the work covered by this Contract shall breach any of these
Federal Labor Standards Provisions. A breach of these Federal
Labor Standards Provisions may also be grounds for debarment, as
provided by the applicable regulations issued by the Secretary of
Labor. A breach of Section 45 and the Federal Labor Standards
Provisions may be grounds for termination of the Contract, and
for debarment'as provided in 29 CFR 5.6.
73. INTEREST OR MEMBER OF OR DELEGATE TO CONGRESS
No member of or Delegate to Congress or Resident
Commissioner shall be admitted to any share of this Contract or
to any benefit that may arise therefrom, but this provision shall
not be construed to extend to this Contract if made with a
corporation for its general benefit.
74. OTHER PROHIBITED INTERESTS
No official of the Owner who is authorized in such capacity
r and on behalf of the Owner to negotiate, make, accept or approve,
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or to take part in negotiating, making, accepting or approving
any architectural, engineering, inspection, construction or .
material supply contract or any subcontract in connection with
the construction of the project shall become directly or in-
directly interested personally in this Contract or -in any part
hereof. No officer, employee, architect, attorney, engineer or
inspector of or for the Owner who is authorized in such capacity
and on behalf; of the Owner to exercise any legislative, execu-
tive, supervisory or other similar functions in connection with
the construction of the project shall become directly or indi-
rectly interested personally in this Contract or in any part
thereof, any material supply contract, subcontract, insurance
contract or any other contract pertaining to the project.
75. SPECIAL EQUAL OPPORTUNITY PROVISIONS
A. Activities and Contracts Not Subject to Executive Order
11246, as Amended.
(Applicable to Federally assisted construction con-
tracts and related subcontracts under $10,000)
During the performance of this Contract, the Contractor
agrees as follows:
(1) The Contractor shall not discriminate against any
employee or applicant for employment because of race, color,
religion, sex or national origin. The Contractor shall take
affirmative action to ensure that applicants for employment
are employed, and that employees are treated during employ-
ment, without regard to their race, color, religion, sex or
national origin. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion
or transfer; recruitment or recruitment advertising; layoff
or termination; rates of pay or other forms of compensa-
tion; and selection .for training, including apprenticeship.
(2) The Contractor shall post in conspicuous places,
available to employees and applicants for employment,
notices to be provided by the Contracting Officer setting
forth the provisions of this nondiscrimination clause. The
Contractor shall state that all qualified applicants will
receive consideration for employment without regard to race,
color, religion, sex or national origin.
(3) The Contractor shall incorporate the foregoing
requirements in all subcontracts.
B. Contracts Subject to Executive Order 11246, as
Amended.
(Applicable to Federally assisted construction
contracts and related subcontracts exceeding $10,000)
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During the performance of this Contract, the Contractor
agrees as follows:
(1) The Contractor will not discriminate against any
employee or applicant for employment because of race, color,
religion, sex or national origin. The Contractor will take
affirmative action to ensure that applicants for employment
are employed, and that employees are treated during employ-
ment, without regard to their race, color, religion, sex or
national origin. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion
or transfer; recruitment or recruitment advertising; layoff
or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship. The
Contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be
provided by the Contracting Officer setting forth the
provisions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or
advertisements for employees placed by or on behalf of the
Contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color,
religion, sex or national origin.
(3) The Contractor will send to each labor union or
representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a
notice to be provided by the Contract Compliance Officer
advising the said labor union or workers' representative of
the Contractor's -commitment under this Section, and shall
post copies of the notice in conspicuous places available to
employees and applicants for employment.
(4) The Contractor will comply with all provisions of
Executive Order 11246 of September 249 1965, and the rules,
regulations and relevant orders of the Secretary of Labor.
(5) The Contractor will furnish all information and
reports required by Executive Order 11246 of September 24,
1965, and the rules, regulations and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to his
books,records and accounts by the Department and the
Secretary of Labor for purposes of investigation to ascer-
tain compliance with such rules, regulations and orders.
(6) In the event of the Contractor's noncompliance
with the nondiscrimination clauses of this Contract, or with
any of such rules, regulations or orders, this Contract may
be cancelled, terminated or suspended in whole or in part,
and the Contractor may be declared ineligible for further
Government contracts or federally assisted construction
contract procedures authorized in Executive Order 11246 of
September 24, 1965,'or by rule, regulation or order of the
Secretary of Labor, or as otherwise provided by laws.
(7) The Contractor will include the portion of the
sentence immediately preceding paragraph B(1) of this
Section, and the provisions of paragraphs (1) through (7)
which -follow, in every subcontract or purchase order unless
exempted by rules, regulations or orders of the Secretary of
Labor issued pursuant to Section 204 of Executive Order
11246 of September 24, 1965, so that such provisions will be
binding upon each subcontractor or vendor. The Contractor
will take such action with respect to'any subcontractor or
purchase order as the Department may direct as a means of
enforcing such provisions, including sanctions for noncom-
pliance: Provided, however, that in the event a Contractor
becomes involved in, or is threatened with, litigation with
a subcontractor or vendor as a result of such direction by
the Department, the Contractor may request the United States
to enter such litigation to protect the interest of the
United States.
C. "Section 3" Compliance in the Provision of Training,
Employment and Business Opportunities:
(Applicable to Federally assisted construction con-
tracts and related subcontracts exceeding $10,000)
During the performance of this Contract, the Contractor
agrees as follows:
(1) The Contractor agrees to comply with the
requirements of Section 3 of the Housing and Urban
Development Act of 1968 (12 USC 170(u)), as amended,
the HUD regulations issued pursuant thereto at 24 CFR
Part 135, and any applicable rules and orders of HUD
issued thereunder.
(2) The "Section 3" set forth in 24 CFR 135.20(b)
shall form part of this`Contract, as set forth in
Paragraph 1 of the General Conditions, "Contract and
Contract Documents."
(3) Contractors shall incorporate the "Section 3
clause" shown below and the foregoing requirements in
all subcontracts.
Section 3 Clause as set forth in 24 CFR 135.20(b)
A. The work to be performed under this Contract is on
a project assisted under a program providing direct Federal
financial assistance .from the Department of Housing and
Urban Development and is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968,
as amended, 12 U.S.C. 1701u. Section 3 requires that to the
- 42 -
greatest extent feasible opportunities for training and
9 PP 9
employment.be given lower income residents of the project
area, and contracts for work in connection with the project
be awarded to business concerns which are located in, or
owned in substantial part by persons residing in -the area
of the project.
B. The parties to this Contract will comply with the
provisions of said Section 3 and the regulations issued
pursuant thereto by the Secretary of Housing and Urban
Development and set forth in 24 CFR 135.20(b), and all
applicable rules and orders of the Department issued
thereunder, prior to the execution of this Contract. The
parties to this Contract certify and agree that they are
under no contractual or other disability which would prevent
them from complying with these requirements.
C. The Contractor will send to each labor organization
or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, if
any, a notice advising the said labor organization or
workers' representative of his commitments under this
Section 3 clause, and shall post copies of the notice in
conspicuous places available to employees and applicants for
employment or training.
D. The Contractor will include this Section 3 clause
in every subcontract for work in connection with the project
and will, at the direction of the applicant for or recipient
^
of Federal financial assistance, take appropriate action
pursuant to a subcontract upon a finding that a Subcontrac-
tor is in violation of regulations issued by the Secretary
�-
of Housing and Urban Development, 24 CFR 135.20 (b). The
Contractor will not subcontract with any subcontractor
where the Contractor has notice or knowledge that the
subcontractor has been found in violation of regulations
under 24 CFR 135.20''(b), and will not let any subcontract
unless the subcontractor has,first provided said Contractor
with a preliminary statement of ability to comply with the
r
requirements of these regulations.
_ E. Com.p.liance,with the provisions of, Section 3, the
regulations set forth in 24 CFR 135.20(b), and all appli-
cable rules and orders of the Department issued thereunder
prior to the execution of the Contract, shall be a condition
of the Federal financial assistance provided to the project,
binding upon the applicant or recipient for such assistance,
its successors and assigns. Failure to fulfill these
requirements shall subject the applicant or recipient, its
contractors and subcontractors, its successors and assigns
to those sanctions specified by the grant or loan agreement
or contract through which Federal assistance is provided,
r
l
and to such sanctions as are specified by 24 CFR 135.20(b).
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76. CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS
(Applicable ,to Federally assisted construction contracts and
related subcontracts exceeding $1009000)
Compliance with Air and Water Acts
During the performance of this Contract, the Contractor
and all subcontractors shall comply with the requirements of
the Clean Air Act, as amended, 42 USC 1857 et seq., and the
Federal Water Pollution.Control Act, as amended, 33 USC 1251
et seq., and the regulations of the Environmental Protection
Agency with respect thereto, at 40 CFR Part 15, as amended.
In addition to the foregoing requirements, all non-
exempt contractors and subcontractors shall furnish to the
Owner the following:
(1) A stipulation by the Contractor or subcon-
tractors that any facility to be utilized in the
performance of any nonexempt contract or subcontract
is not listed on the List of Violating Facilities
issued by the Environmental Protection Agency (EPA)
pursuant to 40 CFR 15.20.
(2). An agreement by the Contractor to comply with
all the requirements of Section 114 of the Clean Air
Act, as amended, (42 USC 1857c-8) and Section 308 of
the Federal Water Pollution Control Act, as amended,
(33 USC 1316) relating to inspection, monitoring,
entry, reports and information, as well as all other
requirements specified in said Section 114 and Section
308, and all regulations and guidelines issued there-
under.
(3) A stipulation that as a condition for the
award of the Contract, prompt notice will be given of
any notification received from the Director, Office of
Federal Activities, EPA,'indicating that a facility
utilized, or to be utilized for the contracts, is under
consideration to be listed on the EPA List of Violating
Facilities.
(4) An agreement by the Contractor that he will
include, or cause to be included, the criteria and
requirements in paragraphs (1) through (4) of this
Section in every nonexempt subcontract and requiring
that the Contractor will take such action as the
Government may direct as a means of enforcing such
provisions.
- 44` -
77. SPECIAL CONDITIONS PERTAINING TO HAZARDS SAFETY STANDARDS
AND ACCIDENT PREVENTION
A. Lead -Based Paint Hazards
(Applicable to contracts and related subcontracts for
construction or rehabilitation of residential structures
exceeding $100,000)
The construction or rehabilitation of residential
structures is subject to the HUD Lead -Based Paint regula-
tions, 24 CFR Part 35. The Contractor and subcontractors
shall comply with the provisions for the elimination of
lead -based paint hazards under sub -part B of said regula-
tions. The Owner will be responsible for the inspections
and certifications required under Section 35.14(f) thereof.
B. Use of Explosives
t The use of explosives will not be permitted unless
t written permission to do so is obtained by the Contractor
from the City. When the use of explosives is necessary for
the prosecution of the work, the Contractor shall observe
all local, state and Federal laws in purchasing and handling
explosives. The Contractor shall take all necessary
precautions to protect completed work, neighboring property,
water lines or other underground structures. Where there is
danger to structures or property from blasting, the charges
shall be reduced and the material shall be covered with
r suitable timber, steel or rope mats.
The Contractor shall notify all owners of public
utility property of his intention to use explosives at least
eight hours before blasting is done close to such property.
Any supervision or direction of use of explosives by the
Engineer does not in any way reduce the responsibility of
the Contractor or his Surety for damages that may be caused
by such use.
C. Danger Signals and Safety Devices
The Contractor shall make all necessary precautions to
guard against damages to property and injury to persons. He
shall put up and maintain in good condition sufficient red
or warning lights at night, suitable barricades and other
devices necessary to protect the public. In case the
Contractor fails or neglects to take such precautions, the
Owner may have such lights and barricades installed and
charge the cost of this work to the Contractor. Such action
by the Owner does not relieve the Contractor of any liabi-
lity incurred under these specifications or Contract.
F
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1
78. NONDISCRIMINATION AGAINST THE HANDICAPPED - SECTION 504
The Contractor shall not discriminate against any otherwise
qualified handicapped employee or applicant for employment solely
by reason of his handicap. The Contractor shall comply with
Section 504 of the Rehabilitation Act of 1973 (P.L. 93-112) as
amended (129 U.S.C.A. §794).
EXHIBITS
A. COPELAND ANTI -KICKBACK REGULATIONS
B. CURRENT WAGE DETERMINATIONS
li
(THIS PAGE LEFT BLANK INTENTIONALLY)
EXHIBIT
ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS
SO-CALL0 "ANTI -KICKBACK ACT" AND REGULATIONS PROMULGATED
PURSUANT THERETO BY THE SECRETARY OF LABOR,
UNITED STATES DEPARTMENT OF LABOR
TITLE 18, U.S.C., Section 874
(Replaces Section 1 of the Act of June 13, 1934 (48 Stat. 948, 40 _
U.S.C., Sec. 276b) pursuant to the Act of June 25, 1948, 62 Stat.
862)
KICKBACKS FROM PUBLIC WORKS EMPLOYEES.
Whoever, by force, intimidation, or threat of procuring
dismissal from employment, or by any other manner whatsoever
induces any person employed in the construction, prosecution,
completion or repair of any public building, public work, or
building or work financed in whole or in part by loans or grants
from the United States, to give up any part of the compensation
to which he is entitled under his contract of employment, shall
be fined not more than $5,000 or imprisoned not more than five
years, or both.
SECTION 2 OF THE ACT OF JUNE 13, 1934, AS AMENDED (48 Stat. 948,
62 Stat. 862, 63 Stat. 108, 72 Stat. 967, 40 U.S.C., Sec. 276c)
The Secretary of Labor shall make reasonable regulations for
contractors and subcontractors engaged in the construction,
prosecution, completion or repair of public buildings, public
works or buildings or works financed in whole or in part by loans
or grants from the United States, including a provision that each
contractor and subcontractor shall furnish weekly a statement
with respect to the wages paid each employee during the preceding
week. Section 1001 of Title 18 (United States Code) shall apply
to such statements.
Pursuant to the aforesaid Anti -Kickback Act, the Secretary
of Labor, United States Department of Labor, has promulgated the
regulations hereinafter set forth, which regulations are found in
Title 29, Subtitle A, Code of Federal Regulations, Part 3. The
term "this part," as used in the regulations hereinafter set
forth, refers to.P.art.3 last above mentioned. Said regulations
are a follows:
TITLE 29 - LABOR
Subtitle A - Office of the Secretary of Labor
PART 3 - CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR
PUBLIC WORK FINANCED IN WHOLE OR IN PART BY LOANS OR
GRANTS FROM THE UNITED STATES
Section 3.1 Purpose and scope.
This part prescribes "anti -kickback" regulations under'
Section 2 of the Act of June 13, 1934, as amended (40 U.S.C..
276c), popularly known as the Copeland Act. This part applies to
any contract which is ,subject to Federal wage standards and which
is for the construction, prosecution, completion, or repair of
public buildings, public works or buildings or works financed in
whole or in part by loans or grants from the United States. The
part is intended to aid in the enforcement of the minimum wage
provisions of the Davis -Bacon Act and the various statutes
dealing with Federally -assisted construction that contain similar
minimum wage provisions, including those provisions which are not
subject to Reorganization Plan No. 14 (e.g., the College Housing
Act of 1950, the Federal Water Pollution Control Act, and the
Housing Act of 1959), and in the enforcement of the overtime
provisions of the Contract Work Hours Standards Act whenever they
are applicable to construction work. The part details the
obligation of contractors and subcontractors relative to the
weekly submission of statements regarding the wages paid on work
covered thereby; sets forth the circumstances and procedures
governing the making of payroll deductions from the wages of
those employed on such work; and delineates the methods of
payment permissible on such work.
Section 3.2 Definitions.
As used in the regulations in this part:
(a) The terms "building" or "work" generally includes
construction activity as distinguished from manufacturing,
furnishing of materials, or servicing and maintenance work. The
terms include, without limitation, buildings, structures, and
improvements of all types, such as bridges, dams, plants,
highways, parkways, streets, subways, tunnels, sewers, mains,
power lines, pumping stations, railways, airports, terminals,
docks, piers, wharves, ways, lighthouses, buoys, jetties,
breakwaters, levees, and canals; dredging, sharing, scaffolding,
drilling, blasting, excavating, clearing, and landscaping.
Unless conducted in connection with and at the site of such a
building or work as is described in the foregoing sentence, the
manufacture or furnishing of materials, articles, supplies, or
equipment (whether or not a Federal or State agency acquires
title to such materials, articles, supplies, or equipment during
the course of the manufacture or furnishing, or owns the mate-
rials from which they are manufactured or furnished) is not a
"building" or "work" within the meaning of the regulations in
this part.
(b) The terms "conditions", "prosecution"', "completion". or
it mean all types of work done on a particular building or
work at the site thereof, including, without limitation, alter-
ing, remodeling, painting and decorating, the transporting of
materials and supplies to or from the buildinq or work by the
M
employees of the construction contractor or construction sub-
contractor, and the manufacturing or furnishing of materials,
articles, supplies, or equipment on the site of the building. or
work, by persons employed at the site by the contractor or
subcontractor. _
(c) The terms "public building" or "public work" include
building or work for whose construction, prosecution, completion,
,or repair, as defined above, a Federal agency is a contracting
party, regardless of whether title thereof is in a federal
agency.
(d) The term "building or work financed in whole or in part
by loans or grants from the United States" includes building or
work for whose construction, prosecution, completion, or repair,
as defined above, payment or part payment is made directly or
indirectly from funds provided by loans or grants by a Federal
agency. The term does not include building or work for which
Federal assistance is limited solely to loan guarantees or
insurance.
(e) Every person paid by a contractor or subcontractor in
any manner for his labor in the construction, prosecution,
completion, or repair of a public building or public work or
building or work financed in whole or in part by loans or grants
from the United States is "employed" or receiving "wages",
regardless of any contractual relationship alleged to exist
between him and the real employer.
(f) The term "any affiliated person" includes a spouse,
child, parent, or other close relative of the contractor or
subcontractor, a partner or officer of the contractor or sub-
contractor, a corporation closely connected with the contractor
or subcontractor as parent, subsidiary or otherwise, and an
officer or agent of such corporation.
(g) The term "Federal agency" means the United States, the
District of Columbia, and all executive departments, independent
establishments, administrative agencies, and instrumentalities of,
the United States and of the District of Columbia, including
corporations,, all or substantially all of the stock of which is
beneficially owned by the United States, by the District of
Columbia, or ,any of the foregoing departments, establishments,
agencies, and instrumentalities.
Section 3.3 Weekly statement with respect to payment of wages.
(a) As used in this section, the term "employee" shall not
apply to persons in classifications higher than that of laborer
or mechanic and those who are the immediate supervisors of such
employees.
(b) Each contractor or subcontractor engaged in the
construction, prosecution, completion, or repair of any public
building or public work, or building or work financed in whole or
in part by loans or grants from the United States, shall furnish
each week a statement with respect to the wages paid each of its
employees engaged on work covered by 29 CFR Parts.3 and 5 during
the preceding weekly payroll period. This statement shall be
executed by the contractor or subcontractor or by an authorized
officer or employee of the contractor or subcontractor who _
supervises the payment of wages,'and shall be on form WH 348
"Statement of Compliance", or on an identical form on the back of
WH 347, "Payroll (For Contractors Optional Use)" or on any form
with identical wording. Sample copies of WH 347 and WH 348 may -
be obtained from the Government contracting or sponsoring agency,
and copies of these forms may be purchased at the 'Government
Printing Office.
(c) The requirements of this section shall not apply to any
contract of $2,000 or less.
(d) Upon a written finding by the head of a Federal agency,
the Secretary of Labor may provide reasonable limitations,
variations, tolerances, and exemptions from the requirements of
this section subject to such conditions as the Secretary of Labor
may specify.
(29 F.R. 95, Jan. 4, 1964, as amended at 33 F.R. 10186, July 17, 196
Section 3.4 Submission of weekly statements and the preservation
and inspection of weekly payroll records.
(a) Each weekly statement required under Section 3.3 shall
- be delivered by the contractor or subcontractor, within seven
days after the regular payment date of the payroll period, to a
representative of a Federal or State agency in charge at site of
the building or work, or, if there is no representative of a
Federal or State agency at the site of the building or work, the
statement shall be mailed by the contractor or subcontractor,
within such time, to a Federal or -state agency contracting for or.,
financing the building or work. After such examination and check,
as may be made, such statement, or a copy thereof, shall be kept
available, or shall be transmitted together with a report of any
violation, in accordance with applicable procedures prescribed by
the United 'States Department of Labor.
(b) Each contractor or subcontractor shall preserve his
weekly payroll records for a period of three years from date of
completion of the contract. The payroll records shall set out
accurately and completely the name and address of each laborer
and mechanic, his correct classification, rate of pay, daily and
weekly number of hours worked, deductions made, and actual wages
paid. Such payroll records shall be made available at all times
for inspection by the contracting officer or his authorized
representatives of the Department of Labor.
1
Section 3.5 Payroll deductions permissible without application
to or approval of the Secretary of Labor.
Deductions made under the circumstances or in the situations
described in the paragraphs of this section may be made without
r" application to and approval of the Secretary of Labor:
(a) Any deduction made in compliance with the requirements
of Federal, State, or local law, such as Federal or State
withholding income taxes and Federal social security taxes.
(b) Any deduction of sums previously paid to the employee
as a bona fide prepayment of wages when such prepayment is made
without discount or interest. A "bona fide prepayment of wages"
is considered to have been made only when cash or its equivalent
has been advanced to the person employed in such manner as to
give him complete freedom of disposition of the advanced funds.
(c) Any deduction of amounts required by court process to
be paid to another, unless the deduction is in favor of the
contractor, subcontractor or any affiliated person, or when
collusion or collaboration exists.
(d) Any deductions constituting a contribution on behalf of
the person employed to funds established by the employer or
representatives of employees, or both, for the purpose of
providing either from principal or income, or both, medical or
hospital care, pensions or annuities on retirement, death
benefits, compensation for injuries, illness, accidents, sick-
ness, or disability, -or for insurance to provide any of the
foregoing, or unemployment benefits, vacation pay, savings
accounts, or similar payments for the benefit of employees, their
families and dependents: Provided, however, that ehe following
standards are met: (1) The deduction is not otherwise prohibited
by law; (2) it is either: (i) Voluntarily consented to by the
employee in writing and yin advance of the period in which the
work is to be done and such consent is not a condition either for
the obtaining of or for the continuation of employment, or (ii)
provided for in a bona fide collective bargaining agreement
between the contractor or subcontractor and representatives of
its employees; (3) no profit or other benefit is otherwise
obtained, directly or indirectly, by the contractor or subcon-
tractor or any affiliated person in the form of commission,
dividend, or otherwise; and (4) the deductions shall serve the
convenience and interest of the employee.
(e) Any deduction contributing toward the purchase of
United States Defense Stamps and Bonds when voluntarily autho-
rized by the employee.
F
r
(f) Any deduction requested by the employee to enable him
to repay loans to or to purchase shares in credit unions orga-
nized and operated in accordance with Federal and State credit
union statutes.
(g) Any deduction voluntarily authorized by.the�employee
for the making of contributions to governmental or quasi -
governmental agencies, such as the American Red Cross.
(h) Any deduction voluntarily authorized by the employee
for the making of contributions to Community Chests, United
Givers Funds, and similar charitable organizations.
(i) Any deductions to pay regular union initiation fees and
membership dues, not including fines or special assessments:
Provided, however, that a collective bargaining agreement between
the contractor or subcontractor and representatives of its
employees provides for such deductions and the deductions are not
otherwise prohibited by law.
(j) Any deduction not more than for the "reasonable cost"
of board, lodging, or other facilities meeting the requirements
of section 3(m) of the Fair Labor Standards Act of 1938, as
amended, and Part 531 of this title. When such a deduction is
made the additional records required under Section 516.27(a) of
this title shall be kept.
Section 3.6 Payroll deductions permissible with the approval of
the Secretary of Labor.
Any contractor or subcontractor may apply to the Secretary
of Labor for permission to make any deduction not permitted under
Section 3.5. The Secretary may grant permission whenever he
finds that:
(a) The contractor, subcontractor, or any affiliated person
does not make a profit or benefit directly or indirectly from the
deduction either in the form of a commission, dividend, or
otherwise; 4
(b) The deduction is not otherwise prohibited by law;
(c) The deduction is either (1)' voluntarily consented to by
the employee in writing and in advance of the period in which the
work is to be done and such consent is not a condition either for
the obtaining of employment or its continuance, or (2) provided
for in a bona fide collective bargaining agreement between the
contractor or subcontractor and representatives of its employees;
and
(d) The deduction serves the convenience and interest of
the employee.
Section 3.7 Applications for the a roval of the Secretary of
PP PP Y
Labor.
Any application for the making of payroll deductions under
Section 3.6 shall comply with the requirements prescribed in the
following paragraphs of this section:
(a) The application shall be in writing and shall be
addressed to the Secretary of Labor.
(b) The application shall identify the contract or con-
tracts under which the work in question is to be performed.
Permission will be given for deductions only on specific,
identified contracts, except upon a showing of exceptional
circumstances.
(c) The application shall state affirmatively that there is
compliance with the standards set forth in the provisions of
Section 3.6. The affirmation shall be accompanied by a full
statement of the facts indicating such compliance.
(d) The application shall include a description of the
proposed deduction, the purpose to be served thereby, and the
classes of laborers or mechanics from whose wages the proposed
deduction would be made.
(e) The application shall state the name and business of
any third person to whom any funds obtained from the proposed
deductions are to be transmitted and the affiliation of such
person, if any, with the applicant.
Section 3.8 Action by the Secretary of Labor upon applications.
The Secretary of Labor shall decide whether or not the
requested deduction is permissible under provisions of Section
3.6; and shall notify the applicant in writing of his decision.
Section 3.9 Prohibited payroll deductions.,
Deductions not elsewhere for by this part and which are not`
found to be permissible under Section 3.6 are prohibited.
Section 3.10 Methods of payment of wages.
The payment of wages shall be by cash, negotiable instru-
ments payable on demand, or the additional forms of compensation
r
for which deductions are permissible under this part. No other
methods of payment shall be recognized on work subject to the
Copeland Act.
Section 3.11 Regulations part of contract.
All contracts made with respect to the construction,
prosecution, completion, or repair of any public building or
public work or building or work financed in whole or in part by
loans or grants from the United States covered by the regulations
in this part shall expressly bind the contractor or subcontractor
to comply with such of the regulations in this part as may be
applicable. In this regard, see Section 5.5 (a) of this sub-
title. _
EXHIBIT B
WAGE DETERMINATIONS
(Obtain from Community Development Office)
Subject to Change 10 Days
Prior to Bid Opening
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t1i"
..vt
Mr. Chris Hooper
Community Development
City of Lubbock
PO Box 2000
Lubbock, TX 79457
Dear Mr. Hooper:
U. S. Department of Housing and Urban Development
Fort Worth Office, Region VI
1600 Throckmorton
P.O. Box 2905
Fort Worth, Texas 76113-2905
Subject: HUD Project Fumber 8-90-MC-48-0022
Installation of Plant Material in the Guadalupe Neighborhood
Lubbock (Lubbock County), TX
Enclosed is wage decision number TX91-28/148 (general wage decision),
which is applicable to construction of the project cited above. General Wage
Decisions have no expiration date; however, they are subject to modification
and/or supersedeas action by the U. S. Department of Labor. It is important
that each wage decision be verified as current by calling this office at (817)
885-5829 ten (10) days prior to bid opening. Any supersedeas decision or
modification announced in the Federal Register ten (10) days prior to bid
opening will be applicable to the subject project. If the contract has not
been awarded within ninety (90) days after bid opening, any modifications
announced prior to award of that contract will be effective.
The applicable wage decision, including modifications, must be made a
part of the bid documents (if any) or invitations for proposals, and made a
part of every subsequent contract and subcontract for construction work on the
project. The wage rates contained there.n shall be the minimum wage rates to
be paid under such contracts by contractors and subcontractors on the job.
The Federal Labor Standards Provisions (HUD-4010) must also be included in all
contracts, subcontracts, and any lower -tier subcontracts. We are enclosing a
HUD-4010 form for your use. It is the Prime Contractor's responsibility to
ensure inclusion of wage rates and labor standards provisions in all
subcontracts.
The recipient must hold a preconstruction conference with the principal
contractor and,all available subcontractors.prior to start of construction, at
which time they shall be advised of their responsibilities and obligations
regarding the Federal Labor Standards Provisions and the wage decision
contained in the contract documents. A. copy of the Preconstruction Minutes
must be kept in the City's files.
' Enclosed is a poster which is required to be posted in a prominent place
on the job site, readily accessible to the workers, along with a copy of the
wage decision.
i
2
U7e•are also enclosing a Start Rork Notice form which you should complete
and return as notification when construction begins on the project.
DHUD, Labor Relations, 6SL
1600 Throckmorton
PO Box 2905
Fort [north, TX 76113-2905
If you need additional information, please feel free to contact our
Labor Relations staff at (817) 885-5829.
Si cerely,
F rias E. ergu
L bor Relations Officer
Enclosures
l
U.S. Department of Labor
TX9 1-28//��r'
Basic
Hour's
dates
ASPHALT HEATER OPERATOR 7.35
ASPHALT RAKER 7.30
ASPHALT SHOVELER 6.40
BATCHING PLANT WEIGHE.i 7.40
CARPENTER 7.90
CARPENTER HELPER 6.90
CONCRETE FINISHER (PAVING) 8.40
CONCRETE FINISHER HELPER (PAVING) 6.00
CONCRETE FINISHER (STRUCTURES) 7.90
CONCRETE FINISHER HELPER (STRUCTURES) 7.05
ELECTRICIAN 10.00
FORM BUILDER (STRUCTURES) 7.75
FORM SETTER HELPER (PAVING & CUR:) 6.e0
FORM SETTER (PAVING & CUR;) 6.25
FORM SETTER (STRUCTURES) 8.20
FORM SETTER HELPER (STRUCTURES) 6.75
LABORER, COMMON 5.95
LABORER, UTILITY 7.45
MECHANIC a 8O
.MECHANIC HELPER 7.70
OILER 6 90
SERVICER 7.90
PIPELAYER 6.90
PIPELAYER HELPER 6.50
REINFORCING STEEL SETTER (_-RUCTURES) 7.65
REINFORCING STEEL SETTER HE -PER 7.55
SPREADER BOX OPERATOR 7.C`,
POWER EOUIPMENT OPEKf.TORS:
Asphalt Distributor , 80
Aspha't Paving Machine 8.05
Broom or Sweeper Operator 6.20
Bulldozer 150 HP & Less 7.00
Bulldozer over 150 Hn 7.35
Concrete Paving Curing Macnine 9.10
Concrete Paving Finishing Mach -.re 9.00
Concrete Paving Grinner 8.50
Concrete Paving Float 9.10
Concrete Paving Saw 8.50
Concrete Paving Speader 9.10
Reinforcing Steel Machine 7.00
Slipform Machine 9.00
Crane. Clamshell. Bacxhoe, Derrick,
Dragline, Shove'. ('ess than 1 1/2 CY) 8.35
Crane, Clamshe'.l, Backhoe, Derrick,
Dragline, Shovel (1 1/2 CY & Over) 9.45
Crusher or Screening Plant Operator 6.95
Foundation Drill Operator (Crawler Mounted) 8.00
Fountain Drill Operator (Truck Mounted) 10.50
Front End Loader (2 1/2 CY & less) 7.90
Mixer (16 CF & Less) 6.25
Mixer (over 16 CF) 7.50
Vol. 11 1088
• U.S. Department of Labor
TX9 1-28//�?
Motor Grader Operator, Fine Grade
Motor Grader Operator
Roller, Steel Wheel (Plant -Mix Pave-
ment)
Roller, Steel Wheel (Other -Flat Wheel
or Tamping)
Roller, Pneumatic (Self -Propelled)
Scrapers (17 CY & Less)
Scrapers (Over 17 CY)
Tractor (Crawler Type 150 HP & Less
Tractor (Crawler Type) over 150 HP
Tractor (Pneumatic) 80 HP & Less
Tractor (Pneumatic) over SO HP
Traveling Mixer
Wagon Drill, Boring Machine or Post
Hole Driller Operator
TRUCK DRIVERS:
Single Axle. Light
Single Axle. Heavy
Tandem Axle or Semitrailer
Lowboy -Float
Transit -Mix
VIBRATOR (HAND TYPE)
WELDER
10.20
9.50
7.05
6.75
6.10
7.10
7.35
7.05
8.50
6 65
7 40
6.15
9.75
6.30
6.65
6.75
7.45
6.60
6.90
8.95
4P,
Unlisted c assifications needed for work not included within the scope
of the classifications listed may be added after award only as
providec in the labo^ standards contract clauses (29 CFR. 5 5 (a) (1)
(ii)).
Vol. 11 1089
SPECIFICATIONS
a
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SPECIFICATIONS
FOR THE COMMUNITY DEVELOPMENT
TREESCAPE PROGRAM
CA. Program Notes
This project, funded with Community Development Block Grant
funds, is designed to beautify the Guadalupe neighborhood in
conjunction with the Joint Venture for Affordable Housing.
This program will provide treescaping along the following
corridors in the Guadalupe neighborhood.
- The South side of 1st Place between Ave. H and Ave. J.
(1001-1023; two per lot)
- The West side of Ave. J. between 1st Place and 1st
Street (two per lot or equivalent)
- Both sides of 1st Street between Ave. J. and Ave. P.
(two per lot or equivalent)
- Residential lots on the East side of N. Ave. P between
2nd Street and N. Ave. Q. (one per lot)
.Residential lots on the West side of N. Ave. P between
N Ave. Q and Auburn. (one per lot)
Additionally, 25-30 trees will be planted on the East side of the
Santa Fe Railroad tracks between N. Ave. K and 2nd Street.
The anticipated project schedule is to have installation of trees
completed by the first week of June, 1991.
B. Items to be Bid: 120 total
Gleditsia.tricanthos "Shademaster"
Shademaster Honeylocust - 15 gallon (60 ea.)
Ulmus Parvifolia
Lacebark Elm - 15 gallon (60 ea.)
C. Unit Price
Unit prices to include all necessary labor, parts, and equipment
required to perform work, including staking, and guying.
(Contractor to supply stakes.) Unit prices shall be used for
additions or deletions to contract, if necessary.
F
F
Specs - Treescape Program
Page 2
D. Quantity to be Bid
1) 120 Total trees - more or less
E. Scope of Project
1) To furnish and install plant material in the Guadalupe
Neighborhood. The Guadalupe neighborhood is defined by the
following boundaries: East of Avenue P and West of Avenue H,
North of 3rd Street and the Santa Fe Railroad, Southeasterly
of North Avenue Q to the alley of Avenue N and South of
Baylor Avenue.
F. Quality Assurance
1) Contractor shall take all precautions necessary to protect
all existing trees, shrubbery, sidewalks, buildings,
vehicles, utilities, etc., in the area where the work is
being performed. The Contractor shall rebuild, restore, and
make good at his/her own expense, all injury and damage to
same which may result from work being carried out under this
contract.
G. Quality of Plant Material
1) Plant material to be grown in and conditioned to climatic
conditions similar to locality of project, or well healed -in
and conditioned to local climate.
2) Plant material to be true to botanical and common name
variety as specified.
3) Plant material to be sound, healthy and vigorous, well
branched, and have healthy, unbroken well -developed root
systems.
4) Plant material to be free from disease, insects, and defects
such as sunsealed, windburn, injuries, abrasions or
disfigurement.
H. Inspection of Material
1) The City of Lubbock reserves the right to inspect all plant
material prior to acceptance and after delivery to the site.
The City of Lubbock shall reject any damaged, or diseased
plant material. It shall be the contractor's responsibility
to replace and provide new conforming plant material.
Specs - Treescape Program
Page 3
I. Installation
1) Set plants in pots at level grown in field or nursery and to
finish grade.
2) Set plants plumb and rigidly braced in position until
planting mixture has been placed around ball.
3) Stake and guy trees. Contractor will furnish stakes.
J. Clean -Up
Remove all planting debris such as excess soil, rocks, trash, and
other material from project site.
K. Warranty
1) Contractor shall guarantee all container grown material for
a period of 90 days, and balled and burlapped material for
one (1) year beginning at final acceptance date by owner.
All defective or dead plant material shall be replaced by
Contractor, as well as all labor necessary to install new
material, and shall be at contractor's expense.
L. Additional Requirements
Bids to be accepted on an all or none basis. Bidders are
requested to attend a prebid conference which will be scheduled
prior to closing.
1
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i
NOTICE OF ACCEPTANCE
r
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City of Lubbock
P.O. Box 2000
Lubbock. Texas 79457
e06-767-2167
Tom's Tree Place
5104 34th Strelet
Attn: Alex Scrborough
Lubbock, TX 7 410
SUBJECT: GUADALUPE TREESCAPE PROGRAM
June 14, 1991
Office of
Purchasing
The City of Lubbock, having considered the proposals submitted and
opened on the 3rd day of May, 1991, for work to be done and materials
to be furnishe in and for:
City of ubbock Bid # 11317
GUADALUPE TREESCAPE PROGRAM
as set forth i detail in the Specifications, Plans, and Contract
Documents for uch work for the City of Lubbock; it appearing that your
proposal is fa r, equitable and to the best interest of said City,
please take no ice that said proposal was accepted by the City Council
of the City of Lubbock on -the June 13, 1991, at the bid price contained
therein, subje t to the execution of and furnishing of all other
documents spec fied and required to be executed and furnished under the
contract docum nts. 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 thi 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.
CIT4Ea
UBBOCK
Gen, C.P.M.
Purchasing Manager
GE/mf
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