HomeMy WebLinkAboutResolution - 4447 - Contract - Birchwood Construction Inc - Arnett Benson Sidewalks - 04_14_1994Resolution No. 4447
April 14, 1994
Item #24
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Contract and all related documents by and
between the City of Lubbock and Birchwood Construction, Inc. of Lubbock to furnish and install
all materials as bid for the Arnett Benson Sidewalks for the City of Lubbock, which contract is
attached hereto, which shall be spread upon the minutes of the Council and as spread upon the
minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in
detail.
Passed by the City Council this 14th day of April 1994.
ATTEST:
Betty M. J hnson, Fity Secretary
APPROVED AS TO CONTENT:
Victor Kilm Purchasing Manager
AS TO
Assistant City Attorney
DG V : dpkxd=T IRCONST.Res
April 6, 1994
CITY OF LUBBOCK
SPECIFICATIONS FOR
ARNETT BENSON SIDEWALKS
BID #12847
CITY OF LUBBOCK
Lubbock, Texas
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CITY OF LUBBOCK
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SPECIFICATIONS
FOR
TITLE: ARNETT BENSON SIDEWALKS
ADDRESS: LUBBOCK, TEXAS
BID NUMBER: 12847
CDWO: 3113-593604-0001
CONTRACT PREPARED BY: PURCHASING DEPART14ENT
7,
INDEX
1.
NOTICE TO BIDDERS
2.
INFORMATION FOR BIDDERS
3.
BID PROPOSAL - BID FOR LUMP SUM CONTRACTS
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4.
BID PROPOSAL - BID FOR UNIT PRICE
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5.
PAYMENT BOND (FOR CONTRACTS IN EXCESS OF $25,000)
6.
PERFORMANCE BOND (FOR CONTRACTS IN EXCESS OF $25,000)
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7.
CERTIFICATE OF INSURANCE
8.
HUD CERTIFICATIONS
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9.
CONTRACT
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10.
GENERAL CONDITIONS OF THE AGREEMENT
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11.
EXHIBITS
A. COPELAND ANTI -KICKBACK REGULATIONS
B. CURRENT WAGE DETERMINATIONS
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12.
SPECIAL CONDITIONS OF THE AGREEMENT
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13.
SPECIFICATIONS
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14.
SPECIAL CONDITIONS
15.
NOTICE OF ACCEPTANCE
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NOTICE TO BIDDERS
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NOTICE TO BIDDERS
CDWO 3113-593604-0001
COMMUNITY DEVELOPMENT BLOCK GRANT
CITY OF LUBBOCK
BID # 12847
Sealed proposals addressed to Ron Shuffield, Senior Buyer, City
of Lubbock, Texas, will be received at the Purchasing Office,
Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas
r- 79401 until 2:00 o'clock p.m., on the 15th day of March, 1994, or
as changed by the issuance of formal addenda to all planholders,
to furnish all labor and materials and perform all work for the
r, construction of the following project:
ARNETT BENSON SIDEWALKS
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 the Purchasing Manager, Room L-
04, Municipal Building, 1625 13th Street, Lubbock, Texas, 79401.
There will be a pre -bid conference on March 8, 1994 at 10:00
o'clock a.m., Personnel Conference Room 108, Municipal Building,
1625 13th Street.
jl CI OF LUBBOCK, TEXAS
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1.
RON SHUFF LD
Senior Buyer
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ADVERTISEMENT FOR BIDS
CDWO 3113-593604-0001
COMMUNITY DEVELOPMENT BLOCK GRANT
CITY OF LUBBOCK
BID # 12847
Sealed proposals addressed to Ron Shuffield, Senior Buyer, City
of Lubbock, Texas, will be received at the Purchasing Office,
Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas
79401 until 2s00 o1clock p.m., on the 15th day of March, 1994, 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:
ARNETT BENSON SIDEWALKS
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 the Purchasing Manager, Room L-
04, Municipal Building, 1625 13th Street, Lubbock, Texas, 79401.
There will be a pre -bid conference on March 8, 1994. at 01 s00
o1clock a.m., Personnel Conference Room 108, Municipal Building,
1625 13th Street.
CIT OF LUBBOCK, TEXAS
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RON SHUFFIE D
r" Senior Buyer
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INFORMATION FOR BIDDERS
INFORMATION FORBIDDERS
1. Receipt and Opening of Bids
r. 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 Victor
Kilman, Purchasing Manger, City of Lubbock, Texas until 2:00 o'clock
r^ .m., on the 15th !LaX of March, 1994, and then at said office ppublicly
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opened and read aloud. The envelopes containing the bids must be
sealed, addressed to Ron Shuffield, Senior Buyer, at Municipal
Building, 1625 13th Street, Room L-04, Lubbock, Texas 79401 and
t designated as bid for ARNETT BENSON SIDEWALKS.
The Owner may consider as informal any bid not prepared and submitted
r 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.
f 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
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specified in the bid form.
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3.
Subcontracts
The bidder is specifically
advised that any person, firm, or other
party to whom the bidder proposes
to award a subcontract 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 ab id, the Onwer requests that such list be attached to
said bid so that appropriate action can be taken to preven subsequent
delay in subcontract awards.
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
Owner and the accepted bidder have executed the Contract,
or, if no award has been made within thirty (30) days after
the date of the opening of bids, upon demand of the bidder
at any time thereafter, so long as he has not been notified
of the acceptance of his bid.
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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 (10) 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 mus agree to commence work on or before a date to be specified
in a written "Notice to Proceed" of the Onwer and to fully complete
the project within Sixty (60) working days thereafter. Bidder must
agree also to pay asiquidated damages t e sum of Fifty ($50.00)
Dollars for each working day thereafter in which the project is not
i 'fully completed.
r' 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 obigation
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.
r 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
f" addressed to Ron Shuffield, Senior Buyer, at P.O. Box 2000, Lubbock,
Texas 79457, and to be given consider ion must be received at least
five (5) days prior to the date fixed for the opening of bids. Any
r 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 rospective 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 bl.
a Company carrying a current Best Rating of ,p or superior, as the
rating of the bond company is a factor that will be considered ir--
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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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
Contractor of full responsibility for providing materials of
high quality and for protecting them adequately until
incorporated into the project. The presence or absence of a
representative of the City on the construction site will not
relieve the Contractor of full responsibility for complying
with this provision. The specifications for materials and
methods set forth. in the Contract Documents provide minimum
standards of quality which the Owner believes necessary to
procure a satisfactory project.
17. Protection of the Work
The Contractor shall be responsible for the care, preser-
vation, conservation and protection of all materials,
supplies, machinery, equipment, tools, apparatus, acces-
sories, facilities and all means of construction, and any
and all parts of the work, whether the Contractor has been
paid, partially paid or not paid for such work, until the
date the City issues its certificate of completion to the
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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.
(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.
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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
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A
BID PROPOSAL
LUMP SUM PROPOSAL CONTRACT
PLACE: (;tu bj LaUoC!l� '—
DATE: l t a rr-
PROJECT NUMBER: 12847 - ARNETT BENSON SIDEWALKS
Proposal of
hereinafter called Bidder)
e-
To the ucnc--able Mayor and City Council City of Lubbock, Texas (hereinafter
called Owner)
Gentlemen:
The Bidder,
in compliance withL
your invitation for
bids for the
construction
of a Arox—
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SiCie
UJc.-1
Lhl-
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 price stated below. The price to cover all expenses
incurred in performing the work required under the contract documents.
BID ITEM #1: 2400 S.Y.
- Type I, Class A Concrete Sidewalk 4" thick '
including site clearance
and subgrade prepartion;
complete in place, per
square yard:
/
MATERIALS: `j
11
SERVICES: _�l�Ke
--rr
f�t)�'CC�
/ 3�
Gµcf {�ti{��t eiu� too
(; 3 S
($ �7 )
TOTAL BID ITEM 1:
✓ a r
v o. �� �'� t
($ *S6 �. c�� )(14. 6g}
BID ITEM #2: 265
S.Y. -
Type I, Class A Concrete
Driveway Approach, 4"
thick, including
site clearance and subgrade preparation; complete in place
per square yard:
MATERIALS: �j;
X C#t�
�01`;Z ��� 3vl'��
( $ )
SERVICES: �� i u -e C�t
G K �,� jv
($
TOTAL BID ITEM 2:
CSR(
4�t St��Al t�u��ed -G �4�PV'2A- 1$_ cv;. 6,;
r BID ITEM #3: 750 L.F. - Curb and Gutter construction, 30" with 6" curb,
including site clearance, subgrade preparation, and pavement patching;
complete in place per linear foot:
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MATERIALS:
r SERVICES: rit) G�u�G('�-i �iL a/co ($ 0-6 )
G
I I t r,/_� (j
TOTAL BID ITEM 3 : 1 k { 1,� ;��� �I 1 kce In L. y`cY'fe -4 `JE'�Xw -� &s LS jt� ks 50)
{
BID ITEM #4: 90 S.Y. - Concrete sidewalk or driveway removal and legal
disposal; per square yard:
MATERIALS:
II
SERVICES: X �011�`� a �lj 15ioo ($ 7 )
' TOTAL BID ITEM 4: lc uw�C e� G,�a{ �,,� ($ j,D7. So ) \
BID ITEM #5: 750 L.F. - Concrete curb and gutter removal and legal
disposal; per linear foot:
i
MATERIALS:
j SERVICES:
r.. TOTAL BID ITEM 5:1�f
BID ITEM #6: 110 S.Y. - Concrete Handicap Ramp including subgrade
r- preparation and specified surface and markings; per square yard:
i. MATERIALS:
SERVICES: J11tc 4 W J 41 ($ .24_ 4 1 )
TOTAL BID ITEM 6: Lie �'� ��h�,Q �1�►� art(, �� tic,LI aY($ 3
T
TOTAL MATERIAL:
TOTAL SERVICES: ILh�,,, �u-e_ tok►j "mil Eta h1LJrd+-eg °�c�-f$ �`�S� 710 )
TOTAL BID ITEMS 1-6: T: (A-t, ��J e liiu'� �kw� r�� tk,,k�' lam($ �s _q-9 06 )
(Amount shall be shown in both words and figures. In case of discrepancy,
the amount shown in words shall govern.)
Bidder hereby agrees to commence the work on the above project on or
before a date to be specified in a written "Notice to Proceed" of the Owner
and to fully complete the project within 60 working 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
$50.00 (FIFTY DOLLARS) for each calendar day in excess of the time set
forth ereina ove or completion of this project, all as more fully set
forth in the genera! conditions oft the contract documents.
l Bidder understands and agrees that this bid proposal shall be
completed and submitted in accordance with instruction number 20 of the
General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or
all bids and to waive any formality in the bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn
for a period of thirty (30) calendar days after the scheduled closing time
for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of
the work and has carefully examined the plans, specifications and contract
documents pertaining to the work covered by this bid, and he further agrees
to commence work on or before the date specified in the written notice to
proceed, and to substantially complete the work on which he has bid; as
r., provided in the contract documents.
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' Bidders are required, whether or not a payment or performance bond is
required, to submit a cashier's check or certified check issued by a bank
satisfactory to the City of Lubbock, or a proposal bond from a reliable
surety company, payable without recourse to the order of the City of
Lubbock in an amount not less than five percent (5% ) of the total amount
r� of the bid submitted as a guarantee that bidder will enter into a contract
and execute all necessary bonds (if required) within 10 days after notice
of award of the contract to him.
Enclosed with this proposal is a Cashier's Check or Certified Check
for — => Dollars ($ ) or a
Proposal Bond in the sum of v N yes ky-w4e ,-- Dollars
gr ($acl%. 4O) ), which it is agreed shall be collected And retained by the
E. Owner as liquidated damages in the event the proposal is accepted by the
Owner and the undersigned fails to execute the necessary contract documents
r and the required bond (if any) with the Owner within ten (10) days after
r the date of receipt of written notification of acceptance of said proposal;
otherwise, said check or bond shall be returned to the undersigned upon
demand.
Bidder understands and agrees that the contract to be executed by
Bidder shall be bound and include all contract documents made available to
r' him for his inspection in accordance with the Notice to Bidders.
{
Contractor
(Seal if Bidder is a Corporation)
F
ATTEST-
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1 secretar
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3.
4.
5.
6.
7.
8.
9.
10.
LIST OF SUBCONTRACTORS
Minority Owned
Yes No
70
THE AMERICAN INSTITUTE OF ARCHITECTS
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lyrul'1 I,
Bid Bond Bond No. GI - 5584816
SNOW ALL MEN BY THESE PRESENTS, that we (Here Insert full name and address or legal title of Contractor)
Birchwood Construction, Inc.
2815 N. U.S. Hwy. 385
Levelland, TX 79336
9 as Principal, hereinafter called the Principal, and
Gulf Insurance Company
r" S550 West Touhy Avenue Suite 400
{ Skokie,11 60077
(Here insert full name and address or legal title of Surety)
a corporation duly organized under the laws of the State of NIISSOURI
as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert full mmne and address or legal title of owner)
162513TLUBBOCK,
STREET '�
LUBBOCK, TX 79401
t as Obligee, hereinafter called the Obligee, in the sum of
Two Thousand Seven Hundred Ninety Six Dollars and 40 /100
f'
Dollars( $297%.40 ),
for the payment of which sum well and truly to be made, the said Ptinci,pal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, Jointly and severally, firmly by
these presents.
WHEREAS, the Principal has submitted a bid for (Here Insert full name, address and description of project)
CURB & GUTTER, SIDEWALKS & HANDICAP RAMPS-ARNEIT BENSON SIDEWALKS
BID NO. 12847
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract
with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the
bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and
for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the
Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference
not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the
Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation
shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this 15 th day of Marchh , 1994
�„' (YYIVIess)
)
P—
Wit 4111 I 1 M 1 1 I
(Witness)
AIA DOCUMENT A310 BID BOND AIA @BRUARY 1970 ED. THE AMERICAN
TE__
INSTITUOF ARCHITECTS, 1735 N.Y. AVE.,VE., N.W., WASHINGTON, D.C. 20WO
STATE OF ILLINOIS
COUNTY OF COOK
I, Carmen Franco a Notary Public of Cook County,
State of Illinois, do hereby certify that Stacey Banscak
Attorney -in -Fact of Gulf Insurance Company, who is personally
known to me to be the same person whose name is subscribed to
the foregoing instrument, appeared before me this day in person and
acknowledged that he/she signed, sealed and delivered said
instrument for and on behalf of Gulf Insurance Company for the uses
and purposes therein set forth.
Given under my hand and notarial seal at my office in Skokie, Illinois,
in said county, this isth day of March , 19 94 A.D.
My commission expires 5-18-94 .
a
ICIAL SEAL "MEN FRANCOUBLIC, STATE OF ILLINOISISSIO?J EvPiRES 5/i4!�u
h
Notary Publ is
i
GULF INSURANCE COMPANY
�! KANSAS CITY, MISSOURI
POWER OF ATTORNEY
-ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE
SAFETY PAPER WITH TEAL INK. DUPLICATES SHALL HAVE THE
SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN
CONJUNCTION WITH THE ORIGINAL.
KNOWN ALL MEN BY THESE PRESENTS: That the Gulf Insurance Com-
pany, a corporation duly organized under the laws of the State of Missouri, having
�., its principal office in the city of Irving, Texas, pursuant to the following resolution,
adopted by the Finance & Executive Committee of the Board of Directors of the said
Company on the loth day of August, 1993, to wit:
"RESOLVED, that the President, Executive Vice President or any Senior Vice
President of the Company shall have authority to make, execute and deliver a Power
of Attorney constituting as Attorney -in -Fact, such persons, firms, or corporations as
may be selected from time to time; and any such Attorney -in fact rosy be removed
and the authority granted him revoked by the President, or any Executive Vice
President, or any Senior Vice President, or by the Board of Directors or by the
Finance and Executive Committee of the Board of Directors.
RESOLVED, that nothing in this Power of Attorney shall be construed as a grant
of authority to the attorney(s)-in-fact to sign, execute, acknowledge, deliver or other-
wise issue a policy or policies of insurance on behalf of Gulf Insurance Company.
RESOLVED, that the signature of the President, Executive Vice President or
any Senior Vice President, and the Seal of the Company may be affixed to any such
Power of Attorney or any certificate relating thereto by facsimile, and any such
powers so executed and certified by facsimile signature and facsimile seal shall be
valid and binding upon the Company in the future with respect to any bond and
documents relating to such bonds to which they are attached."
Gulf Insurance Company does hereby make, constitute and appoint
r�
l
Stacey Banscak of Skolde Illinois
NUMBER GIJ5848
` PRINCIPAL NAME, ADDRESS
CITY, STATE, LP
Birchwood Construction, Inc.
2815 N. U.S. Hwy. 385
Levelland, TX 79336
EFFECTIVE DATE
3/15/94
CONTRACT AMOUNT
$ $559928.00 (Est)
BOND AMOUNT
$ $29796.40
its true and lawful attomcy(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its
behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds,
undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of
said attorney(s)-in-fact, pursuant to the authority herein given, are hereby ratified and confirmed.
The obligation of the Company shall not exceed three million ($3,000,000.00) dollars.
IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to
be hereto affixed.
NCe e
�PPOR�Id` 0 GULF INSURANCE COMPANY
so�P�
STATE OF NEW YORK ) Christopher E. Watson
SS Executive Vice President
COUNTY OF NEW YORK )
On this 10th day of August, 1993 A.D., before me came Christopher E. Watson, known to me personally who being by me duly sworn, did depose and
say; that he resides in the County of Westchester, State of New York; that he is the Executive Vice President of the Gulf Insurance Company, the corpora-
tion described In and which executed the above Instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments is such
corporate seal; that It was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order.
?�%g M. $q?y ,
NDTARI. C ��
N' for- 7,_
nene M. Brando
P No. 304979591
STATE OF NEW YORK ) FOF Nfc'N uid in Nassau County
SS My Commission Expires April 1, 1"5
COUNTY OF NEW YORK )
I, the undersigned, Senior Vice President of the Gulf Insurance Company, a Missouri Corporation, DO HEREBY CERTIFY that the foregoing and
attached POWER OF ATTORNEY remains In full force.
NCf O
Signed and Sealed at the City of New York. � 'r6P�vV�0Rgr� 0
J =,
SEAL
*1jS800 100
Dated the 15 t6 day of Drell 119 94
Lawrence P. Minter G1 5584816
Senior Vice President
PAYMENT BOND
Bond Number GE5600038
STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 516o
OF THE REVISED CIVIL STATUTES OF TEXAS
AS AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION.
1959
KNOW ALL MEN BY THESE PRESENTS, that Birchwood Construction. Inc. (hereinafter called the Principa!(s), as
Principal(s). and
Gulf Insurance Company, 5550 W. Touhy Ave., #400, Skokie, IL 60077
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound d=dtkcqidJb1aabbo,_-k- (hereinafter called the Obligee), it
the amount of Fifty Five 7haxa d him Twenty E'lcht Dollars (S 55.928.00 lawful money of the United States for the
payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,
jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 14thday of
April , 19 94 , to
Arnett Bensom Sidewalks —Contract Number 12847
and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the
amount of said contract which contract is hereby referred to and made a part hereof as frilly and to the sarne extent as if copied at
length herein.
-MEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all
claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then,
F
this obligatr
tion shall be void; otherwise to reain in full force and effect;
F
F
I
r
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes
of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in
accordance with the provisions of said Article to the same extent as if it were copied ;:::;:agtlt :tcrein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and scaled this instrument this 19th day of
_ A ri r 19_cL4 _.
BOND CHECK
BEST RATING
'BY ENSED IN TEXAS
(Title C eryl L . Hu phre DATE i1�ia SY
ttorney-in-Fact
(I tue)
By:
(Title)
7
I
r" The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates
C .eryl L . Humplimyent resident in Lubbock County to whom any requisite notices maybe delivered and on whom service of
` process may be had in matters arising out of such suretyship.
l Gulf Insurance Company
` Surety
r.,
(Title) Oekyl L . Hum r
At -in —Fact
Approved as to Form
7 Ci u bock
By.
City Att rney
• Mote: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-lativs showing that this
person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files.
t
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e
GULF INSURANCE COMPANY
KANSAS CITY, MISSOURI
POWER OF ATTORNEY
ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE
SAFETY PAPER W TH TEAL INK. DUPLICATES SHALL. HAVE THE
r SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN
i CONJUNCTION WITH THE ORIGINAL.
KNOWN ALL MEN BY THESE PRESENTS: That the Gulf Insurance Com-
pany, a corporation duly organized under the laws of the State of Missouri, having
its principal office in the city of Irving, Texas, pursuant to the following resolution,
adopted by the Finance & Executive Committee of the Board of Directors of the said
Company on the 10th day of August, 1993, to wit:
RESOLVED, that the President, Executive Vice President or any Senior Vice
President of the Company shall have authority to make, execute and deliver a Power
of Attorney constituting as Attorney -in -Fact, such persons, firms, or corporations as
may be selected from time to time; and any such Attorney -in fact may be removed
and the authority granted him revoked by the President, or any Executive Vice
President, or any Senior Vice President, or by the Board of Directors or by the
Finance and Executive Committee of the Board of Directors.
RESOLVED, that nothing in this Power of Attorney shall be construed as a grant
of authority to the attorney(s)-in-fact to sign, execute, acknowledge, deliver or other-
wise issue a policy or policies of insurance on behalf of Gulf Insurance Company,
' RESOLVED, that the signature of the President, Executive Vice President or
any Senior Vice President, and the Seal of the Company may be affixed to any such
Power of Attorney or any certificate relating thereto by facsimile, and any such
powers so executed and certified by facsimile signature and facsimile seal shall be
valid and binding upon the Company in the future with respect to any bond and
documents relating to such bonds to which. they are attached."
Gulf Insurance Company does hereby make, constitute and appoint
NUMBER GE 5600038
`PRINCIPAL NAME, ADDRESS
CITY, STATE, ZIP
Birchwood Construction, Inc.
2815 North U.S. Highway 385
Levelland, Texas 79336
EFFECTIVE DATE
April 19, 1994
CONTRACT AMOUNT
$ 55,928.00
BOND AMOUNT
$ 55,928.00
Cheryl L. Humphrey of Texas
its true and lawful attorneys) -in -fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its
behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds,
undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of
said attorney(s)-in-fact, pursuant to the authority herein given, are hereby ratified and confirmed.
The obligation of the Company shall not exceed one million ($1,000,000.00) dollars.
IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to
g be hereto affixed.
w gVPANC f 00 Off' GULF INSURANCE COMPANY
I SEAL
f sO�e` Gf/
r. STATE OF NEW YORK ) Christopher E. Watson
SS Executive Vice President
COUNTY OF NEW YORK )
On this 10th day of August, 1993 A.D., before me came Christopher E. Watson, known to me personally who being by me duly sworn, did depose and
say; that he resides In the County of Westchester, State of New York; that he is the Executive Vice President of the Gulf Insurance Company, the corpora-
7 tion described in and which executed the above Instrument; that he knows the seal of said corporation; that the seal affixed to the said Instruments is such
corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by Like order.
M. 13q4
� NOTAIq/- o / L
S "t1BL%r- Janene M. Brando
No.30-4979591
STATE OF NEW YORK ) �OF NO Qualified hi Nassau County
SS My Commission Expires April 1, 1995
COUNTY OF NEW YORK )
I, the undersigned, Senior Vice President of the Gulf Insurance Company, a Missouri Corporation, DO HEREBY CERTIFY that the foregoing and
attached POWER OF ATTORNEY remains in full force.
Q,3RANCf C
Signed and Sealed at the City of New York. V �RPORq>� �g''
Z Dated the 19th day of April
SEAL
SO\)
P
Lawrence P. Miniter
Senior Vice President
, 19 94
r
E
PERFORMANCE BOND
r
Bond Number GE5600038
STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS AS
AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION 1959
Birchwood Construction,
KNOW ALL MEN BY THESE PRESENTS, that Inc. (hereinafter called the Principal(s), as Principal(s), and
r Gulf Insurance Company 5550 West Touhy Ave., #400, Skokie, IL 60077
-(hereinafter called the Suretp(s). as Surery(s). arc held and firmly bound unto the City of Lubbock (hereinafter called the Oblige:), in
I the amount off Fixe 'Ihasand Nine 5mW Fitt Dollars (S 55 , 928.00) lawful money of the United States for the
payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,
,jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 14 day of
April , 1994 to
r
f
t Arnett Bensom Sidewalks —Contract Number 12847
r
Find said principal under the law is required before commencing the work provided for in said contract to execute a bond :n the
amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at
length herein.
r
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully
perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise
remain in full force and effect.
PROVIDED, HOWEVER- that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes
Texas asamended by Acts of the 56th Legislature, regular session I959, and all liabilities on this bond shall be determined in
rff
ccordance with the provisions of said article to the same extent as if it were copied at length herein. '
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 19 day of
77--!P-r—'1-
1994
Gulf Insurance Company __Bi—r v Construction Inc.
urety=nnctPal -
. By B
itic) Chery Humphrey �/
Atto -in-Fact BOND CHECK tbe)
BEST RATING �� t By. -
LICENSED IN TEXAS (Title)
t DATE v '� ' BY By;
r (Title)
l t
F
7
r The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates
C eryl L . Humphrey an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service
of process may be had in matters arising out of such suretyship. .
r Gulf Insurance Company
t
" Surety
E
[ « By
(Tic heryl L . Hu p rF
ttol ney—in—Fa�
Approved as to form:
�.. City of Lubbock
Y=
ity Attorney
c * Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this
person has authority to sign such obligation. if signed by an Attorney in Fact. we must have copy of power of attorney for our files.
r
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4
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CERTIFICATE OF INSURANCE
r
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it
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a�:�It:��. CERTIFICATE OF INSURANCE ISSUE PATE (MM/DD/YY)
t . 3-15-94
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
BLEDSOE INSURANCE AGENCY NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
5143-69TH STREET EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
P. BOX COMPANIES AFFORDING COVERAGE
LUBBOCK, TXX.. 79464-5028 806-794-8686 CDMPANYA FARMINGTON CAS
UALTY/AETNA
COAX NO: 806-794-927SLB-CODE LETTER
INHWHWOOD CONSTRUCTION, INC.
COMPANY
LETTER B
P.O. BOX 8241
COMPANY C
LETTER
LEVELLAND, TX. 79338
COMPANY D
LETTER
COMPANY E
LETTER
TRINITY UNIVERSAL INS. CO.
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
1 LCO
TYPE OF INSURANCE
POLICY NUMBER
GENERAL LIABILITY
A
X COMMERCIAL GENERAL LIABILITY
GLA5793922 00
CLAIMS MADE X OCCUR.
OWNER'S A CONTRACTOR'S PROT.
AUTOMOBILE LIABILITY
ANY AUTO
"
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
GARAGE LIABILITY
EXCESS LIABILITY
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION
FIB
071CZ0022559699
AND
I
EMPLOYERS' UABILITY
OTHER
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(
DESCRIPTION
OF OPERATIONSILOCATIONSJVEHICLES/RESTRICTIONS/SPECIAL ITEMS
POLICY EFFECTIVE POLICY EXPIRATION
DATE (MM/DDIYY) DATE (MM/DD/YY)
10-15-93 10-15-94
ALL LIMITS IN THOUSANDS
GENERAL AGGREGATE $ 500,
PRODUCTS-COMP/OPS AGGREGATE $ 500,
PERSONAL E ADVERTISING INJURY t 500,
EACH OCCURRENCE $ 500,
FIRE DAMAGE (Any one lire) $ 50,
MEDICAL EXPENSE (Any one person) S 5,
COMBINED
SINGLE S
LIMIT
BODILY
INJURY S
(Per person)
BODILY
INJURY L
(Per accident)
PROPERTY :
DAMAGE
EACH AGGREGATE
OCCURRENCE
a a
STATUTORY
10-15-93 10-15-94 s 100,
s 100,
CONCRETE CONSTRUCTION - ARNETT BENSON SIDEWALKS
I
CERTIFICATE HOLDER CANCELLATION
City of Lubbock
Building Inspection/Permit Office
P. 0. Box 2000
Lubbock, Texas 79457
i
AUTHORIZED
9COM 25-S (3/88)
(EACH ACCIDENT)
(DISEASE —POLICY LIMIT)
(DISEASE —EACH EMPLO)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAILOIO DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY K+ UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES.
CK
i
CORPORATION 1988
HUD CERTIFICATIONS
SECTION 3/STATEMENT OF WORK FORCE NEEDS
Cr 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
Flo 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
r 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 national- ^f
F
!"
foreign country on the USTR list, or (3) who incorporates any
r' 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.
(Seal if Bidder is a Ccrporaticn)
ATTEST:
Secretary
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:.
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r
CONTRACTOR INFORMATION
TO: City of Lubbock DATE:���
P.O. Box 2000
Lubbock, Texas 79457 PROJECT NUMBER
CDWO:3113• !�9360y-uvdI
PROJECT NAMLLE: irrx v tE
l/
8:?K.�.t�K 7t�ts�L�riS
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 tis:
�i r t14ew � c-m-4r � e i GA k t.,
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)
t
President: V_-
Vice-President: A.I�if
secretary-Tssr. QIg
3. The Taxpayer Identification Number for� theundersignedis
(whichever is applicable):
(a) Employer Identification Number (Federal Identification
Number): n
r
(b) Social Security Number:
4. If awarded the bid for the aforementioned project, the
undersigned agrees to forward to the City of Lubbock within
ten days after the execution of any subcontractor(s) a list
of all subcontractors who will be employed on said project.
This list will consist of the subcontractor's legal name an
business address.
Contractor
Date MQQ'. 19? 4
H
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0
U
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 14th day of April, 1994, by and between the City of Lubbock, County of
Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred to as
OWNER, and Birchwood Construction, Ine- of the City of Lubbock, County of Lubbock, and the State of Texas, hereinafter
termed CONTRACTOR
+ WTTNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed
by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby
agrees with OWNER to commence and complete the construction of certain improvements described as follows:
BID #12847 - ARNETT BENSON SIDEWALKS FOR $55,928.00
and all extra work in connection therewith, underthe terms as stated in the contract documents and at his (or their) own proper cost
and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories
and services necessary to complete the said construction in accordance with the contract documents as defined in the General
Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given
to him and to substantially complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the
proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on
account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have
year and day first above written.
A ST:
(r!��Lg
f �
3 `
Corporate Secretary
in Lubbock, Lubbock County, Texas in the
GENERAL CONDITIONS OF THE AGREEMENT
roll
Poll
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4
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INDEX TO GENERAL CONDITIONS
r
k '
1.
OWNER
2.
CONTRACTOR
3.
OWNER'S REPRESENTATIVE AND ARCHITECT OR CONSULTING ENGINEER
r
I4
4.
CONTRACT DOCUMENTS
5.
INTERPRETATION OF SPECIFICATIONS OR DRAWINGS
r
k
6.
SUBCONTRACTOR
r•.
7.
ASSIGNMENT
e
8.
WRITTEN NOTICE
r
9.
WORK
10.
SUBSTANTIALLY COMPLETED
11.
LAYOUT OF WORK
7
12.
KEEPING OF PLANS AND SPECIFICATINS ACCESSIBLE
13.
RIGHT OF ENTRY AND INSPECTION
r
14.
LINES AND GRADES
15.
ARCHITECT'S AUTHORITY AND DUTY
16.
SUPERINTENDENCE AND INSPECTIONS
17.
CONTRACTOR'S DUTY AND SUPERINTENDENCE
t.
18.
CONTRACTOR'S UNDERSTANDING
19.
CHARACTER OF WORKMEN
r
20.
CONSTRUCTION PLANT
E
21.
SANITATION
r
22.
OBSERVATION AND TESTING
�..
23.
DEFECTS AND THEIR REMEDIES
24.
CHANGES AND ALTERATIONS
25. EXTRA WORK
26. DISCREPANCIES AND OMISSIONS
27. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
28. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
29. CONTRACTOR'S INSURANCE: SCOPE OF INSURANCE AND SPECIAL HAZARDS
30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN,
AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES.
31. PROTECTION AGAINS ROYALTIES OR PATENT INVENTION
32. LAWS AND ORDINANCES
33. TIME FOR COMPLETION AND LIQUIDATED DAMAGES r
34. TIME AND ORDER OF COMPLETION
35. EXTENSION OF TIME
36. HINDRANCE AND DELAYS
37. QUANTITES AND MEASUREMENTS
38. PROTECTION OF ADJOINING PROPERTY
39. PRICE FOR WORK
40. CONSTRUCTION SCHEDULE AND PERIODIC ESTIMATES
41. PAYMENTS TO CONTRACTOR
42. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND SUBCONTRACTOR
43. MINIMUM WAGES
44. POSTING WAGE DETERMINATION DECISIONS AND AUTHORIZED WAGE DEDUCTIONS -
45. EMPLOYMENT OF LABORERS OR MECHANICS NOT LISTED IN AFORESAID WAGE
DETERMINATION DECISIONS
46. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY EMPLOYEES
47. UNDERPAYMENTS OF WAGES OR SALARIES
48. ANTICIPATED COSTS OF FRINGE BENEFITS
49. FRINGE BENEFITS NOT EXPRESSED AS HOURLY WAGE RATES
f
50. OVERTIME COMPENSATION REQUIRED BY CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT (76 STAT. 357-360: TITLE 40 U.S.C., SECTIONS 327-332)
r
51. EMPLOYMENT OF APPRENTICES/TRAINEES
52. EMPLOYMENT OF CERTAIN PERSONS PROHIBITED
!l 53. REGULATIONS PURSUANT TO SO—CALLED "ANTI —KICKBACK ACT"
7 54. COMPLAINTS, PROCEEDINGS OR TESTIMONY BY EMPLOYEES
55. CLAIMS AND DISPUTES PERTAINING TO WAGE RATES
b
56. QUESTONS CONCERNING CERTAIN FEDERAL STATUTES AND REGULATIONS
r 57. FINAL COMPLETION AND ACCEPTANCE
t
e.,
58. FINAL PAYMENT
j 59. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK
7 60. CORRECTION OF WORK AFTER FINAL PAYMENT
61. PAYMENT WITHHELD
62. DELAYED PAYMENT
63. TIME OF FILING CLAIMS
64. ARBITRATION
r-65. ABANDONMENT BY CONTRACTOR
66. ABANDONMENT BY OWNER
1 67. LOSSES FROM NATURAL CAUSES
68. INDEPENDENT CONTRACTOR
t. 69. CLEANING UP
70. CONTRACTOR' RIGHT TO TERMINATE
71. RIGHT OF THE OWNER TO TERMINATE CONTRACT
r
72. BREACH OF FOREGOING FEDERAL LABOR STANDARDS PROVISIONS
�• 73. INTEREST OR MEMBER OF OR DELEGATE TO CONGRESS
I
74. OTHER PROHIBITED INTERESTS
ro
75. SPECIAL EQUAL OPPORTUNITY PROVISIONS
4
76. CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS
77. SPECIAL CONDITIONS PERTAINING TO HAZARDS SAFETY STANDARDS AND ACCIDENT
PREVENTION
78. NONDISCRIMINATION AGAINS THE HANDICAPPED (SEC. 504)
F"
.•
GENERAL CONDITIONS OF THE AGREEMENT
1. OWNER
Whenever the word "Owner", or the expression "Party of the
First Part", or "First Party", are used in this Contract, they
shall be understood as referring to the City of Lubbock, Texas.
2. CONTRACTOR
Whenever the word "Contractor", or the expression "Party of
the Second Part", or "Second Party", are used, they shall be
understood to mean the person, persons, co -partnership or
corporation, to wit: BIRCHWOOD CONSTRUCTION, INC.,, who has
agreed to perform the work embraced in this Contract, or to his
or their legal representative.
3. OWNER'S REPRESENTATIVE AND ARCHITECT OR CONSULTING ENGINEER
a. Whenever the term Owner's Representative is used in
this Contract, it shall be understood as referring to TORY REYES,
REHAB AND REDEVELOPMENT COORDINATOR, 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 who will act for Owner
under the direction of Owner's Representative, but such
engineers, supervisors or inspectors shall not directly supervise
the Contractor or men acting in behalf of the Contractor. The
Owner's Representative shall have authority to approve change
orders involving a decrease or increase in cost of Five Thousand
($5,000.00) Dollars or less.
b. Owner has designated TONY REYES, REHAB AND
r. REDEVELOPMENT COORDINATOR, 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
r 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
f� The Contract's Documents shall consist of the Notice to
Bidders, Information for Bidders, Bid Proposal, Signed Agreement,
Statutory Bonds (if required), General Conditions of the Agree-
7
ment, Exhibits A and B to the General Conditions, Special
Conditions of the Agreement (if any), Specifications, Drawings,
Insurance Certificate and all other documents made available to
Bidder for his inspection in accordance with the Notice to
Bidders, as well as all Addenda issued prior to the execution of
the Signed Agreement, and all Modifications, such as Change
Orders, written interpretations and written orders for minor
changes in the work which are issued by the Architect as
hereinafter authorized. The intent of the Contract Documents is
to include all items necessary for the proper execution and
completion of the work. The Contract Documents are
complementary, and what is required by any one shall be as
binding as if required by all. Work not covered'in the Contract
Documents will not be required unless it is consistent therewith
and reasonably inferable therefrom as being necessary to produce
the intended results.
In the event Special Conditions are contained herein as part
of the Contract Documents and said Special Conditions conflict
with any of the General Conditions contained in this Contract,
then in such event the Special Conditions shall control.
The Contract Documents shall not be construed to create any
contractual relationship of any kind between the Architect and
the Contractor.
5. INTERPRETATION OF SPECIFICATIONS OR DRAWINGS
Whenever in the Specifications or Drawings accompanying this
Agreement the terms of description of various qualities relative
to finish, workmanship or other qualities of similar kind which
cannot, from their nature, be specifically and clearly described
and specified, but are necessarily described in general terms,
the fulfillment of which must depend on individual judgment,
then, in all such cases, any question of the fulfillment of said
Specifications or Drawings shall be decided by the Architect, and
said work shall be done in accordance with his interpretations of
the meaning of the words, terms or clauses defining the character
of the work.
6. SUBCONTRACTOR
A subcontractor is a person or entity who has a direct
contract with the Contractor to perform any of the work at the _
site.
The Contractor may utilize the services of specialty
subcontractors on those parts of the work which, under normal
contracting practices, are performed by specialty subcontractors.
The Contractor shall not award any work to any subcontractor
without prior written approval of the owner's Representative,
which approval will not be given until the Contractor submits to
the Owner a written statement concerning the proposed award to
the subcontractor, which statement shall contain such information
as the Owner may require.
The Contractor shall be as fully responsible to the Owner
for the acts and omissions of his subcontractors, and of persons
either directly or indirectly employed by them, as he is for the
acts and omissions of persons directly employed by him.
The Contractor shall cause appropriate provisions to be
C' 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
a. 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
r
address known to him who gives the notice.
j
c All directions, instructions or notices required or autho-
rized to be given under these Contract Documents from the Owner,
T' Owner's Representative or Architect to the Contractor shall be in
writing.
.•, 9. WORK
The work comprises the completed construction required by
the Contract Documents and includes all labor necessary to
rproduce 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 C-ontract
Documents. Unless otherwise specified, all materials shall be
new and both workmanship and materials shall be of a good
quality. The Contractor shall, if required, furnish satisfac-
tory evidence as to the kind and quality of materials. Materials
or work described in words which so applied have well known,
technical or trade meanings shall be held to refer to such
recognized standards.
All work shall be done and all materials furnished in strict
conformity with the Contract Documents or any other information
or instructions conveyed to the Contractor.
10. SUBSTANTIALLY COMPLETED
The term "Substantially Completed" means that the structure
or project contemplated by the Contract Documents has been made
suitable for use or occupancy, or the facility is in a condition
to serve its intended purpose, but still may require minor
miscellaneous work and adjustment.
11. LAYOUT OF WORK
Except as specifically provided herein, the Contractor shall
be responsible for laying out all work and shall accomplish this
work in a manner acceptable to the Architect. The Architect will
check the Contractor's layout of all major structures and any
other layout work done by the Contractor at the Contractor's
request, but this check does not relieve the Contractor of the
responsibility of correctly locating all work in accordance with
the Plans and Specifications.
12. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished with (11 nnP copies of all
Drawings, Profiles and Specifications without expense to him and
he shall keep one copy of same consistently accessible on the job,
site. f
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 -
FS
(� 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 forconformancewith—
the design concept of the work and with the information given in
the Contract Documents.
The Architect will have authority to order minor changes in
the work not involving an adjustment in the Contract Sum or an
extension of the Contract Time and not inconsistent with the
intent of,the Contract Documents. Such changes shall be ef-
fected by written order, and shall be binding on the.Owner and
the Contractor. The Contractor shall carry out such written
orders promptly.
The Architect has the authority to stop the work whenever
such stoppage may be necessary to insure the proper execution
of the Contract. The Architect has the authority to reject work
which does not conform to the Contract Documents.
In order to prevent delays and disputes and to discourage
litigation, it is further agreed that the Architect shall, in all
cases, determine the amounts and quantities of the several kinds ^
of work which are to be paid for under this Contract. Based on
the Architect's observations and an evaluation of the Contrac-
tor's Applications for Payment, the Architect will determine the
amounts owing to the Contractor and will issue Certificates for
Payment in accordance with the provisions of this Agreement. He
shall determine all questions in relation to said work and the
construction thereof, and shall, in all cases, decide every —
question which may arise relative to the execution of this
Contract on the part of said Contractor. The Architect's
estimates and findings shall be conditions precedent to the right _
of the parties hereto to arbitration or to any action on the
Contract, and to any rights of the Contractor to receive any
money under the.Contract; provided, however, that should the
Architect render any decision or give any direction which, in the
opinion of the Owner's Representative, is not in accordance with
the meaning and intent of this Contract, the Owner's Represen-
tative shall notify the Architect and the Contractor of his
objection, and the Architect shall direct the Contractor to
modify or remedy such work to meet the requirements of the
Owner's Representative. Should the Contractor object to any
decision or given direction which, in his opinion, is not in
accordance with the meaning and intent of this Contract, the
Contractor may file with said Owner's Representative, within 30
days, his written objection to the decision or direction so
rendered, and by such action may reserve the right to submit the
question so raised to arbitration, as hereinafter provided. It
is the intent of this Agreement that there shall be no delay in
the execution of the work. Therefore, written decisions or
directions of the Architect as rendered shall be promptly carried
out, and any claim arising therefrom shall be thereafter adjusted
through arbitration, as hereinafter provided.
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i
The Owner's Representative shall, within a reasonable time,
render and deliver to both the Architect and the Contractor a
written decision on all written objections filed by the Con-
tractor. Should the Owner's Representative fail to make such a
decision within a reasonable time, an appeal to arbitration may
be taken as if his decision had been rendered against the
Contractor.
16. SUPERINTENDENCE AND INSPECTIONS
^� It is agreed by the Contractor that the Owner's Represen-
tative shall be and is hereby authorized to appoint from time to
time such subordinate engineers, supervisors or inspectors as the
.. said Owner's Representative may deem proper to inspect the
materials furnished and the work performed or being performed
under this Agreement, and to see that said materials are fur-
nished and the work is done in accordance with the specifications
.• therefor. The Contractor shall furnish all reasonable aid and
assistance required by the subordinate engineers, supervisors or
inspectors for the proper inspection and examination of the work.
1 17. CONTRACTOR'S DUTY AND SUPERINTENDENCE
PM
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
r
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.
16. 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
7 conditions, and all other matters which in any way affect the
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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 sanitary conveniences for the use of laborers on
the work site, properly secluded from public observation, shall
be constructed and maintained by the Contractor in such manner
and at such points as shall be approved by a subordinate super-
visor appointed by the Owner's Representative. The Contractor
shall strictly enforce the use of such facilities.
22. OBSERVATION AND TESTING
The Owner's Representative or the Architect shall have the
right at all reasonable times to observe and test the work.
Contractor shall make necessary arrangements and provide proper
facilities and access for such observation and testing at any
location wherever work is in preparation or,progress. Contractor
shall ascertain the scope of any observations and tests which may
be contemplated by Owner's Representative or Architect and shall
give ample notice as to the time.each part of the work will be
ready for such observations and tests. Owner's Representative or
r
r
r
Architect may reject aby 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
— 9 -
accordance with this Contract. It is further agreed that any
remedial action contemplated as hereinabove set forth shall be at
the Contractor's expense.
The Contractor shall promptly correct any work rejected by
the Owner's Representative or Architect as defective or as
failing to conform to the Contract Documents, whether observed
before or after substantial completion and whether or not
fabricated, installed or completed, and shall correct any work _
found to be defective or nonconforming within a period of one
year from the date of substantial completion of the Contract, or
within such longer period of time as may be prescribed by law or
by the terms of any applicable special warranty required by the
Contract Documents. The provisions of this Section apply to work
done by subcontractors as well as to work done by direct em-
ployees of the Contractor. The Contractor shall bear all costs of correcting such rejected work, including compensation for the
Architect's additional services made necessary thereby.
If the Contractor fails to correct defective work as
required, or persistently fails to carry out the work in accor-
dance with the Contract Documents, the Owner's Representative, by
a written order signed personally or by an agent specifically so
empowered by the Owner in writing, may order the Contractor to
stop the work', or any portion thereof, until the cause for such
order has been eliminated; however, this right of the Owner to
stop the work shall not give rise to any duty on the part of the
Owner to exercise this right for the benefit of the Contractor or
any other person or entity.
If the Contractor defaults or neglects to carry out the work
in accordance with the Contract Documents, and fails within seven
days after receipt of written notice from the Owner's Representa-
tive or other agent to commence and continue correction of such
default or neglect with diligence and promptness, the Owner may,
after seven days following receipt by the Contractor of an
additional written notice, and without prejudice to any other
remedy he may have, make good such deficiencies. In such case,
an appropriate Change Order shall be issued deducting from the
payments then or thereafter due the Contractor the cost of
correcting such deficiencies, including compensation for the
Architect's additional services made necessary by such default,
neglect or failure. If the payments then or thereafter due the
Contractor are not sufficient to cover such amount, the Contrac-
tor shall pay the difference to the Owner.
If., within one year after the date of substantial completion
of the work or'designated portion thereof, or within one year
after acceptance by the Owner of designated equipment, or within
such longer period of time as may be prescribed by law or by the
terms of any applicable special warranty required by the Contract
Documents, any of the work is found to be defective or not in
accordance with the Contract Documents, the Contractor shall
.correct it promptly after receipt of a written notice from the
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k
(� Owner to do so unless the Owner has previously given the Con-
tractor a written acceptance of such condition. This obligation
shall survive termination of the Contract. The Owner shall give
'�- such notice promptly after discovery of the defect.
24. CHANGES AND ALTERATIONS
The Contractor further agrees that the. Owner may make such
changes and alterations as the Owner may see fit, in the line,
grade, form, dimensions, plans or materials for the work herein
contemplated, or any part thereof, either before or after the
beginning of the construction, without affecting the validity of
this Contract and the accompanying bond.
If such changes or alterations diminish the quantity of the
work to be done, they shall not constitute the basis for a claim
for damages, or anticipated profits on the work that may be
dispensed with. If they increase the amount of work, and the
increased work can fairly be classified under the specifications,
such increase shall be paid according to the quantity actually
done and at the unit price established for such work under this
Contract; otherwise, such additional work shall be paid for as
provided under extra work. In case the Owner shall make such
changes or alterations as shall make useless any work already
done or material already furnished or used in said work, then the
Owner shall recompense the Contractor for any material or labor
so used and for any actual loss occasioned by such change due
to actual expenses incurred in preparation for the work as
originally planned.
25. EXTRA WORK
The term "extra work" as used in this Contract shall be
understood to mean and include all work that may be required by
the Owner or Owner's Representative to be done by the Contractor
to accomplish any change, alteration or addition to the work as
shown on the plans and specifications or Contract Documents and
not covered by the Contractor's proposal, except as provided
under changes and alterations herein.
It is agreed that the Contractor shall perform all extra
work under the direction of the Architect when presented with a
written work order signed by the Owner's Representative, subject,
however, to the right of the Contractor to require written
confirmation of such extra work order by the Owner. It is also
agreed that the compensation to be paid to the Contractor for
performing said extra work shall be determined by one or more of
the following methods:
Method (A) - By agreed unit prices; or
Method (8) - By agreed lump sum; or
Method (C) - If neither Method (A) or Method-(B) be agreed
upon before the extra work is commenced, then
.the Contractor shall be.paid the actual field -
cost of the work, plus fifteen (15%) percent.
In the event said extra work be performed and paid for under
Method (C), then the provisions of this paragraph shall apply and
the "actual field cost" is hereby defined to include the cost of
all workmen, such as foremen, timekeepers, mechanics and labor-
ers, and materials, supplies, teams, trucks, rentals on machinery
and equipment, for the time actually employed or used on such
extra work, plus actual transportation charges necessarily
incurred, together with all expenses incurred directly on account
of such extra work, including Social Security, Old Age Benefits,
Maintenance Bonds, Public Liability and Property Damage and
Workmen's Compensation and all other insurances as may be
required by law or ordinances or directed by the Owner's Repre-
sentative or Architect, or by them agreed to. Owner's Represen-
tative may direct the form in which accounts of the actual field
cost shall be kept and records of these accounts shall be made
available to the Owner's Representative. The Owner's Represen-
tative or Architect may also specify in writing, before the work
commences, the method of doing the work and the type and kind of
machinery and equipment to be used; otherwise, these matters
shall be determined by the Contractor. Unless otherwise agreed
upon or specified, the prices for the use of machinery and
equipment shall be determined by using 1000, of the latest
Schedule of.Equipment and Ownership Expenses adopted by the
Associated General Contractors of America. Where practical, the
terms and prices for the use of machinery and equipment shall be
incorporated in the written extra work order. The fifteen
percent (15%) of the actual field cost to be paid to the Con-
tractor shall cover and compensate him for his profit, overhead,
general superintendence, and field office expense, and all other
elements of cost and expense not embraced within the actual field
cost as herein defined, save that where the Contractor's Camp or
Field Office must be maintained primarily on account of such
extra work, then the cost to maintain and operate the same shall
be included in the "actual field cost."
No claim for extra work of any kind will be allowed unless
ordered in writing by the Owner's Representative. In case any
orders or instructions appear to the Contractor to involve extra
work for which he should receive compensation or an adjustment in
the construction time, he shall make a written request to the
Owner's Representative for a written order authorizing such extra
work. Should a difference of opinion arise as to what does or
does not constitute extra work, or as to the payment therefor,
and the Owner's Representative insists upon its performance, the
Contractor shall proceed with the work after making a written
request for a written order'and shall keep adequate and accurate
account of the actual field cost thereof, as provided under
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. 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
1'
the bids are received, and if no such request is received by the
Architect prior to the opening of bids, then it shall be consi-
dered that the Contractor fully understands the work to be
included and has provided sufficient sums in his proposal to
complete the work in accordance with these plans and specifi-
cations. It is further understood that any request for clari-
fication must be submitted no later than five days prior to the
opening of bids.
27. -__RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If, at any time, the methods or equipment used by the Con-
tractor are found to be inadequate to secure the quality of work
with the rate of progress required under this Contract, the Owner
or Owner's Representative may order the Contractor in writing to
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increase their safety or improve their character and efficiency
and the Contractor shall comply with such order.
If, at any time, the working force of the Contractor is
inadequate for securing the progress herein specified, the .
Contractor shall, if so ordered in writing, increase his force
or equipment, or both, 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
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The Contractor shall take out and procure a policy or
policies of Worker's Compensation Insurance with an insurance
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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
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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 hazards shall be physical 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,
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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 s.ubcontractor,
their agents or employees, in execution and supervision of said
Contract, and the project which is the subject matter of this
Contract, including the failure of Contractor or any subcontrac-
tor to provide necessary barricades, warning lights or signs, and
will be required to pay any judgment with costs which may be
obtained against the Owner, its officers, the Architect or any of
their agents or employees, including attorney.'s fees.
In any and all claims against the Owner, any officer of the
Owner, the Architect or any of their agents or employees by any
employee of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose act any of
them may be liable, the indemnification obligation under this
Section shall not be limited in any 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 Contractorof 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
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a 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
through the life of this contract, insurance protection as hereinafter
specified. Coverage in excess of that specified herein also shall be
acceptable. Such insurance shall be carried with an insurance company
authorized to transact business in the State of Texas and shall cover
all operations in connection with this contract, whether performed by
the Contractor or a subcontractor, or separate policies shall be
provided covering the operation of each subcontractor.
A. Comprehensive General Liability Insurance
The contractor shall have Comprehensive General Liability
Insurance with limits of $500,OOO Combined Single Limit in the
aggregate and per occurrence to include:
Premises and Operations
Explosion & Collapse Hazard
Underground Damage Hazard
Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury (with exclusion "c" waived)
The City is to be named as an additional insured on this policy
for this specific job, and copy of the endorsement doing so is to
be attached to the Certificate of Insurance.
B. Owner's Protective or Contingent Public Liability Insurance and
Property Damage Liability Insurance.
The Contractor shall obtain an Owner's Protective or Contingent
Public Liability Insurance policy naming the City of Lubbock as
insured and the amount of such policy shall be as follows:
For bodily injuries, including accidental death and or property
damage, $500,000 Combined Single Limit.
C. Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile Liability
Insurance with limits of not less than:
Bodily Injury/Property Damage, $500,OOO Combined Single Limit,
to include all owned and nonowned cars including: Employers
Nonownership Liability Hired and Nonowned Vehicles. The City is
to be named as an additional insured on this policy for this
specific job and copy of the endorsement doing so is to be
attached to the Certificate of Insurance.
D. Builder's Risk Insurance
The Contractor shall obtain a Builder's Risk policy in the amount
of (100% of potential loss) naming the City of Lubbock
as insured.
E. Excess or Umbrella Liability Insurance
The Contractor shall have Excess or Umbrella Liability Insurance
in the amount of $ with coverage to
correspond with Comprehensive General Liability and Comprehensive
Automobile Liability coverages.
The City is to be named as an additional insured on this policy
for this specific job and copy of the endorsement doing so is to
be attached to the Certificate of Insurance.
F. Worker's Compensation and Employers Liability Insurance
Worker's Compensation Insurance covering all employees whether
employed by the Contractor or any Subcontractor on the job with
Employers Liability of at least $500,000
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and
subcontractor shall submit to the Owner for approval five
Certificates of Insurance covering each insurance policy carried
and offered as evidence of compliance with the above insurance
requirements, signed by an authorized representative of the
insurance company setting forth:
P
30.
(1) The name and address of the insured.
(2) The location of the operations to which the insurance
applies.
(3) The name of the policy and type or types of insurance in
force thereunder on the date borne by such certificate.
(4) The expiration date of the policy and the limit or limits of
liability thereunder on the date borne by such certificate.
(5) A provision that the policy may be canceled only by mailing
written notice to the named insured at the address shown in
the bid sPecifications.
(6) A provision that written notice shall be given to the City
ten days prior to any change in or cancellation of the
policies shown on the certificate.
(7) The certificate or certificates shall be on the form (or
identical copies thereof) contained in the job
specifications. No substitute of nor amendment thereto will
be acceptable.
(8) If policy limits are paid, new policy must be secured for
new coverage to complete project'.
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 opf any demands of subcontractors, laborers,
workment, mechanics, materialmen and furnishers of machinery and parts
thereof, equipment, power tools, all suppliers, including commissary,
incurred int he furtherance of the performance of this Contract. When
Owner so desires, the Contractor shall furnish satisfactory evidence
that all obligations of the nature hereinabove designated have been
paid, discharged or wavied.
If during the progress of the work, Contractor shall allow any
indebtedness to accrue for work furnished by any of those designated
in the preceding paragraph and shall fail to pay and discharge any
such indebtedness within five (5) days after demand is made, then
Owner may, during the period for which such indebtedness shall remain
unpaid, withhold from the unpaid portion of this Contract, a sum equal
to the amount of such unpaid indebtedness, or may apply the sum so
withheld to discharge any such indebtedness.
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."
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The Contractor agrees that said work shall be prosecuted
regularly, diligently and uninterruptedly at such rate of
M progress as will insure full completion thereof within the time
specified. It is expressly understood and agreed by and between
the Contractor and the Owner that the time for the completion of
the work described herein is a reasonable time for the comple-
tion of the same, taking into consideration the average climatic
range and usual industrial conditions prevailing in the locality.
If the said Contractor shall neglect, fail or refuse to
complete the work within the time herein specified, or any proper
extension thereof granted by the Owner, then the Contractor does
hereby agree, as a part of the consideration for the awarding of
this Contract, to pay to the Owner the amount specified in the
Bid Proposal, not as a penalty, but as liquidated damages for
such breach of Contract as hereinafter set forth, for each and
every calendar day that the Contractor shall be in default after
the time stipulated in the Contract for completing the work.
The said amount is fixed and agreed upon by and between the
Contractor and the Owner because of the impracticability and
extreme difficulty of fixing and ascertaining the actual damages
the Owner would in such event sustain, and said amount is agreed
to be the amount of damages which the Owner would sustain, and
said amount shall be permanently retained from time to time by
the Owner from current periodical estimates.
It is further agreed that time is of the essence for each
and every portion of this Contract and of the specifications
wherein a definite and certain length of time is fixed for the
performance of any act whatsoever; and where, under the Contract,
additional time is allowed for the completion of any work, the
new time limit fixed by such extension shall be of the essence of
this Contract. Provided, that the Contractor shall not be
charged with liquidated damages or any excess cost when the Owner
determines that the Contractor is without fault and the Contrac-
tor's reasons for the time extension are acceptable to the Owner.
Provided, further, that the Contractor shall not be charged with
liquidated damages or any excess cost when the delay in comple-
tion of the work is due:
(a) To any preference, priority or allocation order duly
issued by the Government.
(b) To any unforeseeable cause beyond the control and
without the fault or negligence of the Contractor,
including, but not restricted to, acts of God or of
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
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(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
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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 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
4
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to any injury to any adjacent or adjoining property arising or
growing out of the.performance of this Contract, but such
indemnity shall not apply to any claim of any kind arising out
of the existence or character of the work. _
39. PRICE FOR WORK
In consideration of furnishing all necessary labor, equip-
ment and material and the completion of all work by the Contrac-
tor, and on the delivery of all materials embraced in this
Contract in full conformity with the specifications and stipu-
lations herein contained, the Owner agrees to pay the Contractor
the price set forth in the proposal attached hereto, which has
been made a part of this Contract, and the Contractor hereby
agrees to receive such price in full for furnishing all labor,
equipment and material required for the aforesaid work, and for
all expenses incurred by him, and for well and truly performing
the same and the whole thereof in the manner and according to
this Agreement, the attached specifications, drawings, Contract
Documents and requirements of the Architect and the Owner's
Representative.
40. CONSTRUCTION SCHEDULE & PERIODIC ESTIMATES
Immediately after execution and delivery of the Contract,
and before the first partial payment is made, the Contractor
shall deliver to the Owner's Representative and to the Architect
an estimated construction progress schedule in a form satisfac-
tory to the Owner's Representative and Architect, showing the
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.
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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
ti 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
r 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
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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
'f
means, methods, techniques, sequences or procedures, or that he
has made any examination to ascertain how or for what purpose
°
the Contractor has used the moneys previously paid on account of
_
the Contract Sum.
41. PAYMENTS TO CONTRACTOR
After the Architect has issued a Certificate for Payment,
and not later than the 25th day of each calendar month, the Owner
shall make a progress payment to the Contractor on the basis of a
-► duly certified and approved estimate of the work performed during
the preceding calendar month under this Contract, but to insure
the proper performance of this Contract, the Owner shall retain
five percent (5°') of the amount of each estimate until final
completion and acceptance of all work covered by this Contract:
`~ - 23 -
'Provided, that the Contractor shall submit his estimate not later
than the first day of the month; Provided, further, that the
Owner at any time 'after fifty percent 50%)-of the work has been
completed, if it finds that satisfactory progress is being made,
may make any of the remaining 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 Contractby 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.
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The Contractor shall promptly pay each subcontractor, upon
receipt of payment from the Owner, out of t-he amount paid to the
Contractor an 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 an
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 an 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
moll
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 ws3ekly 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
records with respect to persons employed by them upon the work
covered by this Contract available for inspection by authorized
representatives of the Secretary of Housing and Urban Develop-
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
subcontractor during working hours on the job.
�' - 25 -
43. MINIMUM WAGES (See Exhibit B: In excess of $2,000)
All laborers and mechanics employed upon the work covered by
this Contract shall be paid unconditionally and not less often
than once each week, and without subsequent deduction -or rebate
on any account (except such payroll deductions as are made
mandatory by law and such other payroll deductions as are
permitted by the applicable regulations issued by the Secretary
of Labor, United States Department of Labor, pursuant to the
Anti -Kickback Act hereinafter identified), the full amount due at
time of payment computed at wage rates not less than those
contained in the wage determination decision of said Secretary of
Labor (a copy of which is included in Exhibit B) regardless of
any contractual relationship which may be alleged to exist
between the Contractor or any subcontractor and such laborers and
mechanics. All laborers and mechanics employed upon such work
shall be paid in cash, except that payment may be by check if the
employer provides or secures satisfactory facilities approved by
the Local Public Agency or Public Body for the cashing of the
same without cost or expense to the employee. For the purpose of
this clause, contributions made or costs reasonably anticipated,
under Section 1(b)(2) of the Davis -Bacon Act on behalf of
laborers or mechanics are considered wages paid to such laborers
or mechanics, subject to the provisions of Section 5.5(a)(1)(iv)
of Title 291 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 -
r United States Department of Labor. In the event the interested
i parties cannot agree on the proper classification or reclassi-
fication of a particular class of laborers and mechanics to be
.- used, the question, accompanied by the recommendation of the
Local Public Agency or Public Body, shall be referred, through
the Secretary of Housing and Urban Development, to the Secretary
�.. of Labor for final determination.
4— 46. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY EMPLOYEES
The transportation of materials and supplies to or from the
site of the Project or Program to which this Contract pertains
by the employees of the Contractor or of any subcontractor, and
the manufacturing or furnishing of materials, articles, supplies
or equipment on the site of the Project or Program to which this
Contract pertains by persons employed by the Contractor or by
any subcontractor, shall, for the purposes of this Contract, and
without limiting the generality of the foregoing provisions of
this Contract, be deemed to be work to which these Federal Labor
Standards Provisions are applicable.
47. UNDERPAYMENTS OF WAGES OR SALARIES
In case of underpayment of wages by the Contractor or by any
subcontractor to laborers or mechanics employed by the Contractor
or subcontractor upon the work covered by this Contract, the
Local Public Agency or Public Body, in addition to such other
rights as may be afforded it under this Contract, shall withhold
from the Contractor, out of any payments due the Contractor, so
much thereof as the Local Public Agency or Public Body may
consider necessary to pay such laborers or mechanics the full
amount of wages required by this Contract. The amount so
withheld may be disbursed by the Local Public Agency or Public
Body, for and on account of the Contractor or the subcontractor
(as may be appropriate), to the respective laborers or mechanics
to whom the same is due, or on their behalf to plans, funds or
programs for any type of -fringe benefit prescribed in the
applicable determination.
I41W 46. ANTICIPATED COSTS OF FRINGE BENEFITS
If the Contractor does not make payments to a trustee or
other third person, he may consider as part of the wages of any
r- 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.
. 4.2......FRI.NDE..BENEF..ITS...NAT ..EXP.RESSED...AS ..HOURLY W.ADF RATES
The Local Public Agency or Public Body shall require,
whenever the minimum rate prescribed in the Contract for a class
of laborers or mechanics includes a fringe benefit which is not
expressed as an hourly wage rate, and the Contractor is obligated"
to pay the cash equivalent of such a fringe benefit, an hourly
cash equivalent thereof to be established. In the event the
interested parties cannot agree upon a cash equivalent of the
fringe benefit, the question, accompanied by the recommendation
of the Local Public Agency or Public Body, shall be referred,
through the Secretary of Housing and Urban Development, to the
Secretary of Labor for determination. -
50. OVERTIME COMPENSATION REQUIRED BY CONTRACT WORK HOURS AND
SAFETY STANDARDS ACT (76 STAT. 357-360: TITLE 40 U.S.C.
SECTIONS 327-332
(a) Overtime requirements. No Contractor or subcontractor .--
contracting for any part of the Contract work which may require
or involve the employment of laborers or mechanics, including
watchmen and guards, shall require or permit any laborer or
mechanic in any work week in which they are employed on such work -
to work in excess of 40.hours in such work week unless such
laborer or mechanic receives compensation at a rate not less than
one and one-half times their basic rate of pay for all hours
worked in excess of 40 hours in such work week.
(b) Violation: Liability for unpaid 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
s
the clause set forth in paragraph (b) of this Section.
(d) Subcontracts. The Contractor shall insert3n 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
r
(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.
i (b) Trainees. Except as provided in 29 CFR 5.159 trainees
will not be permitted to work at less than the predetermined rate
for the work performed unless they are employed pursuant to and
individually registered in a program which has received prior
approval, evidenced by formal certification, by the U. S.
Department of Labor, Manpower Administration, Bureau of Appren-
ticeship and Training. The ratio of trainees to journeymen shall
not be greater than permitted under the plan approved by the
Bureau of Apprenticeship and Training. Every trainee must be
,•. paid at not less than the rate specified in the approved program
for his level of progress. Any employee listed on the payroll at
- 29 -
a trainee rate who is not registered and participating in a
training plan approved by the Bureau of Apprenticeship and
Training shall be paid not less than the wage.rate determined by
the Secretary of Labor for the classification of work he actually
performs. The Contractor or subcontractor will be required to
furnish the contracting officer or a representative of the
Wage -Hour Division of the U.S. Department of Labor written
evidence of the certification of his program, the registration of
the trainees and the ratios and wage rates prescribed in that
program. In the event the Bureau of Apprenticeship and Training
withdraws approval of a training program, the Contractor will no
longer be permitted to utilize trainees at less than the appli-
cable predetermined rate for the work performed until an accept-
able program is approved.
(c) Equal Employment Opportunity. The utilization of
apprentices, trainees and journeymen under this part shall be in
conformity with the equal employment opportunity requirements of
Executive Order 11246, as amended, and 29 CFR Part 30.
52. EMPLOYMENT OF CERTAIN PERSONS PROHIBITED
No person under the age of sixteen years and no person who,
at the time, is serving sentence in a penal or correctional
institution shall be employed on the work covered by this
Contract
53. REGULATIONS PURSUANT TO SO-CALLED "ANTI -KICKBACK ACT"
The Contractor shall comply with the applicable regulations
(See Exhibit A attached and herein incorpo-
rated by reference) of the Secretary of Labor, United States
Department of Labor, made pursuant to the so-called "Anti -Kick-
back Act" of June 13, 1934 (48 Stat. 9489 62 Stat. 8629 63 Stat.
108, 72 Stat. 967; 62 Stat. 740: Title 18 U.S.C., Section 874
and Title 40 U.S.C., Section 276c) and any amendments or modi-
fications thereof, and shall cause appropriate provisions to be
inserted in subcontracts to insure compliance therewith by all
subcontractors subject thereto, and shall be responsible for the
submission of affidavits required by subcontractors thereunder,
except as said Secretary of Labor may specifically provide for
reasonable limitations, variations, tolerances and exemptions
from the requirements thereof.
54. COMPLAINTS, PROCEEDINGS OR TESTIMONY BY EMPLOYEES
No laborer or mechanic to whom the wage, salary or other
labor standards provisions of this Contract are applicable shall
be discharged or in any other manner discriminated against by the
Contractor or any subcontractor because such employee has filed
any complaint or instituted or caused to be instituted any
proceeding or has testified or is about to testify in any
proceeding under or relating to the labor standards applicable
to his employer under this Contract.
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PW
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55. CLAIMS AND DISPUTES PERTAINING TO WAGE RATES
Claims and disputes pertaining to wage rates or to clas-
sifications of laborers and mechanics employed upon ttie work
covered by this Contract shall be promptly reported by the
Contractor, in writing, to the Local Public Agency or Public Body
for referral by the latter through the Secretary of Housing and
Urban Development to the Secretary of Labor, United States
Department of Labor, whose decision shall be final with respect
thereto.
56. QUESTIONS CONCERNING CERTAIN FEDERAL STATUTES AND
REGULATIONS
All questions arising under this Contract which relate to
the application or interpretation of (a) the aforesaid Anti -
Kickback Act, (b) the Contract Work Hours and Safety Standards
Act, (c) the aforesaid Davis -Bacon Act, (d) the regulations
issued by the Secretary of Labor, United States Department of
Labor, pursuant to said Acts or (e) the 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.
Within thirty-one (31) days after the Contractor has given
the Architect written notice that the work has been completed or
substantially completed, the Architect and the Owner's Represen-
tative shall inspect the work and within said time, if the work
be found to be completed or substantially completed in accordance
with the Contract Documents, the Architect will then prepare a
Certificate of Substantial Completion, which shall establish the
Date of Substantial Completion, and shall fix the time within
which the Contractor shall complete the items listed therein:
Warranties required by the Contract Documents shall commence on
the Date of Substantial Completion of the Work or designated
portion thereof, unless otherwise provided in the Certificate of
Substantial Completion. The Certificate of Substantial Comple-
tion shall be submitted to the Owner and the Contractor for their
written acceptance of the responsibilities assigned to them in
such Certificate.
- 31 -
Upon Substantial Completion.of the Work or designated
portion thereof, and upon application by the Contractor and
certification by the Architect, the Owner shall within ten
(10) days issue a certificate of acceptance of the work to
the Contractor.
58. FINAL PAYMENT
Upon receipt of written notice that the work is ready for
final inspection and acceptance, and upon receipt of a final
Application for Payment, the Architect will promptly make such
inspection and, when he finds the work acceptable under the
Contract Documents, and the Contract fully performed, he will
prepare a Final Statement of the value of all work performed and
materials furnished under the terms of the Agreement and promptly
issue a finalCertificate for Payment, stating that to the best
of his knowledge, information and belief, and on the basis of his
observations and inspections, the work has been completed in
accordance with the terms and conditions of the Contract Docu-
ments, and that the entire balance found due the Contractor and
noted in said final Certificate, is due and payable. The
Architect's final Certificate for Payment will constitute a
further representation that the conditions precedent to the
Contractor's being entitled to final payment, as set forth, have
been fulfilled.
Upon receipt of the Architect's Certificate of. Completion,
the Owner's Representative shall, if such Certificate is satis-
factory, submit same to the Owner, who shall pay to the Contrac-
tor on or before the 31st day after the date of the Certificate
of Completion, the balance due Contractor under the terms of this
Agreement, provided he has fully performed his contractual
obligations under the terms of said Agreement; and said payment
shall become due in any event upon said performance by the
Contractor. Neither the certificate.of acceptance, nor the final
payment, nor any provisions in the Contract Documents shall
relieve the Contractor of the obligation for fulfillment of any
warranty which may be required in the special conditions (if any)
of this Contract or in the specifications made a part of this
Contract.
59. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK
The Contractor shall promptly remove from the Owner's
premises all materials condemned by the Owner's Representative on
account of failure to conform to the Contract, whether actually
incorporated in the work or not, and the Contractor shall at his
own expense promptly replace such condemned materials with other
materials conforming to the requirements of the Contract. The
Contractor shall also bear the expense 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 -
r-
E
�- `work within a reasonable tite after a written notice by the Owner
or the Owner's Representative, Owner may remove and replace it at
Contractor's expense.
l
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
i
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
'4
withhold his Certificate in whole or in part, to the extent
reasonably necessary to protect the Owner if, in his opinion, he
'T
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
r
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,
S.
damage to the Owner or another contractor,
;r
'F
6.
reasonable evidence that the work will not
be completed
within the Contract time,
r
7.
persistent failure to carry out the work in
accordance
with the Contract Documents, or
r - 33 -
B. 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 -
r-
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
r^ 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 -
P"':
.�
In the event the statement of accounts shows that the
cost to complete the work is less than that which would have
been the coat to the Owner had the work been completed by
the Contractor under the terms of this Contract, or when the
Contractor and/or his Surety shall pay the balance shown to
be due by them to the Owner, then all machinery, equipment,
tools, materials or supplies left on the site of the work
shall be turned over to the Contractor and/or his Surety.
_Should the cost to complete the work exceed the contract
price, and the Contractor and/or his Surety fail to pay the
amount due the Owner within the time designated hereinabove,
and there remains any machinery, equipment, tools, materials
or supplies on the site of the work, notice thereof,
r
together with an itemized list of such equipment and
materials shall be mailed to the Contractor and his Surety
at the respective addresses designated in this Contract;
t-
provided, however, that actual written notice given in any
i
manner will satisfy this condition. After mailing, or other
giving of such notice, such property shall be held at the
r.
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
l'
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
1
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
P_
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
r-
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
,,k
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 t
If the Owner's Representative 'finds
factory, he shall -submit' it to the
Contractor on or before thirty (30)
notification by the Contractor the
statement as due the Contractor and
ment.
67. LOSSES FROM NATURAL CAUSES
o the Owner's Representative.
the statement to be satis-
Owner, who shall pay to the
days after. the date of the
balance shown by said _final
er the terms of this Agree -
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 Ccntractor as an independent contractor
with respect to the Owner, Owner's Representative, Architect or
the Contractor's own employees, or to any other person, firm or
corporation.
69. CLEANING UP
The Contractor shal•1 at all times keep the premises free
from accumulation of debris caused by the work, and at the
completion of the work he shall remove all such debris and also
his tools, scaffolding and surplus materials, and shall leave the
work broom clean or its equivalent. The work shall be left in
good order and condition. In case of dispute, the Owner may
remove the debris and charge the cost to the Contractor.
70. CONTRACTOR'S RIGHT TO 'TERMINATE
The Contractor shall have the right to terminate the
Contract at any time when circumstances beyond the Contractor's
control occur, thru no fault of the Contractor, which prohibit
the completion of the Agreement as contemplated by the parties at
the time of execution. Should the Contractor choose to terminate
this Agreement, he shall accrue no rights to full payment
hereunder and shall receive only a pro rate payment for work
actually performed, the amount of such payment to be assessed by
- 38 -
the Owner. Should the Contractor choose not .to terminate, even
though cause exists under this provision, liquidated damages as
set forth herein shall in no way be affected.
r-
71. RIGHT OF THE OWNER TO TERMINATE CONTRACT '
In the event that any of the provisions of this Contract are
violated by the Contractor, orby 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: Providedt .
however, that if the Surety does not commence performance thereof
within then (10) days from the date of the mailing to such Surety
r"
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
r'
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
fool
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
'" and on behalf of the Owner to negotiate, make, accept or approve,
r -39-
or to take part in negotiating, making, accepting or approving
any architectural, engineering, inspection,. construction or
material supply contract or any subcontract in connection with
the construction of the project shall become directly or in-
directly interested personally in this Contract or in any part
hereof. No officer, employee, architect, attorney, engineer or
inspector of or for the Owner who is authorized 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
mended.
(Applicable to Federally assisted construction
contracts and related subcontracts exceeding $10,000)
- 40 -
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
r 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
r-� bargaining agreement or other contract or understanding, a
i notice to be provided by the Contract Compliance Officer
advising the said labor union or workers' representative of
the Contractor's commitment under this Section, and shall
post copies of the notice in conspicuous places available to
employees and applicants for employment.
(4) The Contractor will comply with all provisions of
Executive Order 11246 of September 24, 1965, and the rules,
regulations and relevant orders of the Secretary of Labor.
(5) The Contractor will furnish all information and
reports required by Executive Order 11246 of September 24,
1965, and the rules, regulations and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to his
books, records and accounts by the Department and the
r Secretary of Labor for purposes of investigation to ascer-
tain compliance with such rules, regulations and orders.
r. (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
41 -
September 24, 1965, or by rule, regulation or'order of the
Secretary of Labor, or as otherwise provided by laws.
(7) The Contractor will include the portion of the
sentence immediately preceding paragraph B(1) of this
Section, and the provisions of paragraphs (1) through (7)
which follow, in every subcontract or purchase order unless
exempted by rules, regulations or orders of the Secretary of
Labor issued pursuant to Section 204 of Executive Order
11246 of September 24, 19659 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
employment be given lower'income residents of the project
area, and contracts for work in connection with the project
r` 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
r.
of Federal financial assistance, take appropriate action
pursuant to a subcontract upon a finding that a Subcontrac-
tor is in violation of regulations issued by the Secretary
of Housing and Urban Development, 24 CFR 135.20 (b). The
Contractor will not subcontract with any subcontractor
where the Contractor has notice or knowledge that the
subcontractor has been found in violation of regulations
under 24 CFR 135.20'*(b), and will not let any subcontract
!
unless the subcontractor has first provided said Contractor
with a preliminary statement of ability to comply with the
,.
requirements of these regulations.
E. Compliance with the provisions of Section 39 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,
and to such sanctions as are specified by 24 CFR 135.20(b).
- 43 -
76. CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS
(Applicable to Federally assisted con-struction contracts and
related subcontracts exceeding $100,000)
Compliance with Air and Water Acts
During the performance of this Contract, the Contractor
and all subcontractors shall comply with the requirements of
the Clean Air Act, as amended, 42 USC 1857 et seq., and the
Federal Water Pollution Control Act, as amended, 33 USC 1251
et seq., and the regulations of the Environmental Protection
Agency with respect thereto, at 40 CFR Part 15, as amended.
In addition to the foregoing,requirements, all non-
exempt contractors and subcontractors shall furnish to the
Owner the following:
(1) A stipulation by the Contractor or subcon-
tractors that any facility to be utilized in the
performance of any nonexempt contract or subcontract
is not listed on the List of Violating Facilities
issued by the Environmental Protection Agency (EPA)
pursuant to 40 CFR 15.20.
(2) An agreement by the Contractor to comply with
all the requirements of Section 114 of the Clean Air
Act, as amended, (42 USC 1857c-8) and Section 308 of
the Federal Water Pollution Control Act, as amended,
(33 USC 1318) relating to inspection,,monitoring,
entry, reports and information, as well as all other
requirements specified in said Section 114 and Section
308, and all regulations and guidelines issued there-
under.
(3) A stipulation that as a condition for the
award of the Contract, prompt notice will be given of
any notification received from -the Director, Office of
Federal Activities,EPA, indicating that a facility
utilized, or to be utilized for the contracts, is under
consideration to be listed on the EPA List of Violating
Facilities.
(4) An agreement by the Contractor that he will
include, or cause to be included, the criteria and
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 -
rr
77. SPECIAL CONDITIONS PERTAINING TO HAZARDS SAFETY STANDARDS
AND ACCIDENT PREVENTION
r
A. Lead -Based Paint Hazards
(Applicable to contracts and related subcontracts for
construction or rehabilitation of residential structures
exceeding $100,000)
+- The construction or rehabilitation of residential
structures is subject to the HUD Lead -Based Paint regula-
tions, 24 CFR Part 35. The Contractor and subcontractors
shall comply with the provisions for the elimination of
lead -based paint hazards under sub -part B of said regula-
tions. The Owner will be responsible for the inspections
and certifications required under Section 35.14(f) thereof.
B. Use of Explosives
The use of explosives will not be permitted unless
written permission to do so is obtained by the Contractor
from the City. When the use of explosives is necessary for
the prosecution of the work, the Contractor shall observe
all local, state and Federal laws in purchasing and handling
explosives. The Contractor shall take all necessary
precautions to protect completed work, neighboring property,
water lines or other underground structures. Where there is
danger to structures or property from blasting, the charges
shall be reduced and the material shall be covered with
suitable timber, steel or rope mats.
The Contractor shall notify all owners of public
utility property of his intention to use explosives at least
ji 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
t
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.
r-�
F
�" - 45 -
76. NONDISCRIMINATION AGAINST THE HANDICAPPED-'S'ECTION 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).
- 46 -
EXHIBITS
A. COPELAND ANTI -KICKBACK REGULATIONS
B. CURRENT WAGE DETERMINATIONS
0
EXHIBI'.
r
ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS
SO-CALLED "ANTI -KICKBACK ACT" AND REGULATIONS -PROMULGATED
PURSUANT THERETO BY THE SECRETARY OF LABOR,
UNITED STATES DEPARTMENT OF LABOR
r TITLE 18, U.S.C., Section 874
t _
(Replaces Section 1 of the Act of June 13, 1934 (48 Stat. 948, 40
i..• 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 139 19349 AS AMENDED (46 Stat. 948,
62 Stat. 862, 63 Stat. 106, 72 Stat. 9679 40 U.S.C., Sec. 276c)
The Secretary of Labor shall make reasonable regulations for
contractors and subcontractors engaged in the construction,
prosecution, completion or repair of public buildings, public
works or buildings or works financed in whole or in part by loans
or grants from the United States, including a provision that each
contractor and subcontractor shall furnish weekly a statement
with respect to the wages paid each employee during the preceding
week. Section 1001 of Title 18 (United States Code) shall apply
to such statements.
--- XXX---
r- Pursuant to the aforesaid Anti -Kickback Act, the Secretary
of Labor, United States Department of Labor, has promulgated the
regulations hereinafter set forth, which regulations are found in
,.. Title 29, Subtitle A, Code of Federal Regulations, Part 3. The
term "this part," as used in the regulations hereinafter set
forth, refers to Part 3 last above mentioned. Said regulations
r
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.
27600 popularly known as the Copeland Act. This part applies to
any contract which is subject to Federal wage standards and which
is for the construction, prosecution, completion, or repair of
public buildings, public works or buildings or works financed in
whole or in part by loans or grants from the United States. The
part is intended to aid in the enforcement of the minimum wage
provisions of the Davis -Bacon Act and the various statutes
dealing with Federally -assisted construction that contain similar _
minimum wage provisions, including those provisions which are not
subject to Reorganization Plan No. 14 (e.g., the College Housing
Act of 1950, the Federal Water Pollution Control Act, and the
Housing Act of 1959), and in the enforcement of the overtime
provisions of the Contract Work Hours Standards Act whenever they
are applicable to construction work. The part details.the
obligation of contractors and subcontractors relative to the
weekly submission of statements regarding the wages paid on work
covered thereby; sets forth the circumstances and procedures
governing the making of payroll deductions from the wages of _
those employed on such work; and delineates the methods of
payment permissible on such work.
Section 3.2 Definitions.
As used in the regulations in this part:
(a) The terms "building" or "work" generally includes
construction activity as distinguished from manufacturing,
furnishing of materials, or servicing and maintenance work. The
terms include, without .limitation, buildings, structures, and
improvements of all types, such as bridges, dams, plants,
highways, parkways, streets, subways, tunnels, sewers, mains,
power lines, pumping stations,'railways, airports, terminals,
docks, piers, wharves, ways, lighthouses, buoys, jetties,
breakwaters, levees, and canals; dredging, shoring, scaffolding,
drilling, blasting, excavating, clearing, and landscaping.
Unless conducted in connection with and at the site of such a
building or work as is described in the foregoing sentence, the
manufacture or furnishing of materials, articles, supplies, or
equipment (whether or not a Federal or State agency acquires
title to such materials, articles, supplies, or equipment during
the course of the manufacture or furnishing, or owns the mate-
rials from which they are manufactured or furnished) is not a
"building" or "work" within the meaning of the regulations in
this part.
(b) The terms "conditions", "prosecution", "completion", or
"repair" mean all types of work done on a particular building or
work at the site thereof, including, without limitation, alter—
ing, remodeling, painting and decorating, the transporting of
materials and supplies to or from the building or work by the
r. 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
pow 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,
r 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
r" District of Columbia, and all executive departments, independent
establishments, administrative agencies, and instrumentalities of
the United States and of the District of Columbia, including
corporations, all or substantially all of the stock of which is
beneficially owned by the United,States, by the District of
Columbia, or any of the foregoing departments, establishments,
',.. agencies, and instrumentalities.
Section 3.3 Weekly statement with respect to payment of wages.
(a) As used in this section, the term "employee" shall not
apply to persons in classifications higher than that of laborer
or mechanic and those who are the immediate supervisors of such
employees.
r-
0
(b) Eachcontractoror 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, 19649 as amended at 33 F.R. 10186, July 17, 19
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 ax 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.
PM
Section 3.5 Payroll deductions permissible without application
to or approval,of-the Secretary of Labor..
r-
Deductions made under the circumstances or in the situations
described in the paragraphs of this section may be made without
application to and approval of the Secretary of Labor:
(a) Any deduction made in compliance with the requirements
of Federal, State, or local law, such as Federal or State
withholding income taxes and Federal social security taxes.
(b) Any deduction of sums previously paid to the employee
as a bona fide prepayment of wages when such prepayment is made
without discount or interest. A "bona fide prepayment of wages"
is considered to have been made only when cash or its equivalent
has been advanced to the person employed in such manner as to
give him complete freedom of disposition of the advanced funds.
(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
r' families and dependents: Provided, however, that the following
standards are met: (1) The deduction is not otherwise prohibited
by law; (2) it is either: (i) Voluntarily consented to by the
•- employee in writing and -In advance of the period in which the
work is to be done and such consent is not a condition either for
the obtaining of or for the continuation of employment, or (ii)
r, provided for in a bona fide collective bargaining agreement
between the contractor or subcontractor and representatives of
its employees; (3) no profit or other benefit is otherwise
obtained, directly or indirectly, by the contractor or subcon-
tractor or any affiliated person in the form of commission,
dividend, or otherwise; and (4) the deductions shall serve the'
convenience and interest of the employee.
(e) Any deduction contributing toward the purchase of
United States Defense Stamps and Bonds when voluntarily autho-
rized by the employee.
(f) Any deduction requested by the employee -to enable him
to repay loans to or to purchase shares in credit unions orga-
nized and operated in accordance with Federal and State credit
union statutes.
(g) Any deduction voluntarily authorized by the employee
for the making of contributions to governmental or quasi -
governmental agencies, such as the American Red Cross.
(h) Any deduction voluntarily authorized 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;
(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.
r
i
Section'3.7 Applications for the approval of the Secretary of
Labor.
Any application for the making of payroll deductions under
R 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
addr.essed to the Secretary of Labor.
r
(b) The application shall identify'the contract or con-
tracts under which the work in question is to be performed.
Permission will be given for deductions only on specific,
identified contracts, except upon a showing of exceptional
circumstances.
(c) The application shall state affirmatively that there is
compliance with the standards set forth in the provisions of
Section 3.6. The affirmation shall be accompanied by a full
statement of the facts indicating such compliance.
(d) The application shall include a description of the
proposed deduction, the purpose to be served thereby, and the
classes of laborers or mechanics from whose wages the proposed
deduction would be made.
(e) The application shall state the name and business of
any third person to whom any funds obtained from the proposed
deductions are to be transmitted and the affiliation of such
person, if any, with the applicant.
Section 3.8 Action by the Secretary of Labor upon applications.
The Secretary of Labor shall decide whether or not the
requested deduction is permissible under provisions of Section
3.6; and shall notify the applicant in writing of his decision.
Section 3.9 Prohibited payroll deductions.
Deductions not elsewhere for by this part and which are not
found to be permissible under Section 3.6 are prohibited.
Section 3.10 Methods of payment of wages.
The payment of wages shall be by cash, negotiable instru-
',�„ ments payable on demand, or the additional forms of compensation
for which deductions are permissible under this part. No other
methods of payment shall be recognized on work subject to the
Copeland Act.
Section 3.11 Regulations part of contract.
All contracts made with respect to the construction,
prosecution, completion, or repair of any public building or
r-
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.
WAGE DETERMINATIONS
U. S. Department of Housing and Urban Development
Fort Worth Office, Region VI _
1600 Throckmorton
P.O. Box 2905 -�
Fort Worth. Texas 76113-2905
June 16, 1993
Ms. Sandy Ogletree
City of Lubbock
ATTN: Rui Ryun Shin
PO Box 2000
Lubbock, TX 79457
Dear Ms. Ogletree:
Subject: HUD Project Number B-93-MC-48-0022
Sidewalk Installation - Arnett Benson and Chatman Hill
Lubbock (Lubbock County), TX
r- Enclosed is wage decision number TX93-28/319 (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
f
that each wage decision be verified as current by calling this office at (817)
885-5828 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 must be made a part of the bid documents
(if any) or invitations for proposals and every subsequent contract and
subcontract for construction work on the project. The wage rates listed shall
be the minimum. The enclosed Federal Labor Standards Provisions (HUD-4010)
must also be included in all contracts, subcontracts, and any lower -tier
subcontracts.
The recipient must hold a preconstruction conference with the principal
contractor and all available subcontractors prior to the start of
construction. The original copy of the prepared Preconstruction Minutes must
be retained in your files and a copy submitted to this office.
The enclosed poster and wage decision must be posted in a prominent,
readily accessible place on the job site. The Start Work Notice must be
completed and returned to the address shown on the top of the form.
If you need additional information, please feel free to contact
Judy Little at (817) 885-5828.
Enclosures
Sincerely,
l
F rias E. F rgu o
Labor Relations Officer
OW
.0"
U.S. Department of Housing and Urban Development
Fort Worth Regional 011ice, Region VI
1600 Throckmorton
P. O. Box 2905
Fort Worth, Texas 76113-2905
February 8, 1994
Ms. Sandy Ogletree
Office of Community Development
ATTN: Christy Drake
City of Lubbock
P. 0. Box 2000
Lubbock, TX 79457
Dear Ms. Ogletree:
Subject: Modification to Wage Decision
Project Number: B-93-MC-48-0022
Project Name/Location: Sidewalk Installation
Lubock (Lubock County), TX
Enclosed is a copy of MOD #2 to Wage Decision
number TX93-28/319. This MOD will be applicable to the
construction of the subject project. Please forward a copy of
this MOD to all bidders and include in the bid and contract
documents by addendum.
If you need additional information, please contact Judy
Little at (817) 885-5828.
Enclosure
Sincerely11
/Frias E. F on
r Rela ons Of
General Decision Number TX930028/--7i rf
Superseded General Decision No. TX910028
State: TEXAS
Construction Type:
Heavy
Highway
County(ies):
ECTOR POTTER TOM GREEN
LUBBOCK RANDALL
MIDLAND TAYLOR
HEAVY (excluding tunnels & dams) and HIGHWAY PROJECTS (does not
include building structures in rest area projects).
Modification Number
0
2
Publication Date
02/19/1993
02/19/1993
O1/07/1994
TX930028 - 1 01/07/1994
JL
COUNTY(ies):
ECTOR POTTER TOM GREEN
LUBBOCK RANDALL
MIDLAND TAYLOR
* SUTX2037A 11/13/1991
Rates Fringes
ASPHALT HEATER OPERATOR
$7.467
ASPHALT RAKER
7.267
ASPHALT SHOVELER
6.400
BATCHING PLANT WEIGHER
9.799
CARPENTER
8.153
CONCRETE FINISHER -PAVING
7.496
CONCRETE FINISHER STRUCTURES
8.148
ELECTRICIAN
10.000
FLAGGER
5.500
FORM BUILDER -STRUCTURES
8.021
FORM SETTER - PAVING & CURB
8.300
FORM SETTER -STRUCTURES
7.839
LABORER -COMMON
6.018
LABORER UTILITY
7.102
MECHANIC
10.282
OILER
8.233
SERVICER
7.823
PIPE LAYER
7.000
ASPHALT DISTRIBUTOR OPERATOR
7.972
ASPHALT PAVING MACHINE
8.187
BROOM OR SWEEPER OPERATOR
6.411
BULLDOZER
7.963
CONCRETE PAVING CURING MACHINE
9.100
CONCRETE PAVING FINISHING MACHINE
8.075
CONCRETE PAVING JOINT SEALER
7.750
CONCRETE PAVING SAW
10.063
CONCRETE PAVING SPREADER
9.100
REINFORCING STEEL MACHINE
6.500
SLIPFORM MACHINE OPERATOR
9.000
CRANE, CLAMSHELL, BACKHOE
DERRICK, DRAGLINE, SHOVEL
LESS THAN 1 1/2 C.Y.
8.574
CRANE, CLAMSHELL, BACKHOE
DERRICK, DRAGLINE, SHOVEL
1 1/2 C.Y. & OVER
10.043
CRUSHER OR SCREENING PLANT
OPERATOR
7.500
FOUNDATION DRILL OPERATOR
CRAWLER MOUNTED
9.000
FOUNDATION DRILL OPERATOR
TRUCK MOUNTED
10.750
FOUNDATION DRILL OPERATOR
HELPER
7.050
FRONT END LOADER - 2 1/2 C.Y.
& LESS
7.458
TX930028 -
2 01/07/1994
FRONT END LOADER - OVER 2 1/2
C.Y.
7.669
,.
HOIST - DOUBLE DRUM
8.100
MOTOR GRADER OPERATOR
r'".
FINE GRADE
10.343
MOTOR GRADER
9.835
PAVEMENT MARKING MACHINE
9.150
,.,.
PLANER OPERATOR
10.458
ROLLER, STEEL WHEEL PLANT
`
MIX PAVEMENTS
6.828
ROLLER, STEEL WHEEL OTHER,
FLATWHEEL OR TAMPING
6.474
ROLLER, PNEUMATIC SELF-PROPELLED
6.455
SCRAPER-17 C.Y. & LESS
7.546
r-
SCRAPER -OVER 17 C.Y.
7.655
SIDE BOOM
6.350
TRACTOR -CRAWLER TYPE 150 HP
AND LESS
7.290
TRACTOR -CRAWLER TYPE OVER
150 HP
10.750
TRACTOR - PNEUMATIC
7.422
r"
REINFORCING STEEL SETTER
PAVING
7.926
REINFORCING STEEL SETTER
STRUCTURES
9.086
STEEL WORKER - STRUCTURAL
9.000
SPREADER BOX OPERATOR
7.332
BARRICADE SERVICER WORK ZONE
6.500
TRUCK DRIVER -SINGLE AXLE LIGHT
6.592
TRUCK DRIVER -SINGLE AXLE HEAVY
6.791
TRUCK DRIVER -TANDEM AXLE SEMI
r
TRAILER
7.130
f
TRUCK DRIVER-LOWBOY/FLOAT
8.868
TRUCK DRIVER -TRANSIT MIX
6.891
WELDER
�,.
-------------------------------------11_827
---------------------
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29 CFR 5.5(a)(1)(ii)).
END OF GENERAL DECISION
TX930028 - 3 01/07/1994
Feaeral Labor Standards Provisions
Applieabi►tY
The Protest or Program to which the construction work covered by this
contract-ertains is being assisted by the United States of America and the
following Federal tabor Standards Provisions are included in this Contract
pursuant tr the provisions applicable to such Federal assistance.
A. 1. () Minimum Wages. Alt laborers and mechanics employed or work-
ing upon re 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 proiect). will be paid unconditionally and not less often than once a
week, ana without subsequent deduction or rebate on any account (except
such payrad deductions as are permitted by regulations issued by the
Secretary of labor under the Copeland Act (29 CFR Part 3), the tuft 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 pact hereof, regardless of any contracturat relationship which may
be alleged to exist between the contractor and such laborers and
mechanics Contributions made or costs reasonably anticipated (or bona
fide fringe benefits under Section 1(bf(2) of the Davis -Bacon Act on behalf
of laborers or mechanics are considered wages paid to such laborers or
mechanics. subject to the provisions of 29 CFR-5.5(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 shalt 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 classifica-
tion for the time actually worked therein: Provided, That the employer's pay-
roll records accurately set forth the time spent in each classification in
which work is performed. The wage determination (including any additional
classification and wage rates conformed under 29 CFR Part 5.5(aKtxii) and
the Davis -Bacon poster (WH-1321) shall be posted at all times by the con-
tractor and its subcontractors at the site of the work in a prominent and
accessible, place where it can be easily seen by the workers.
(ir) (a) Any class of laborers or mechanics which is not listed in the
wage determination and which is to be employed under the contract shall
be classified in conformance with the wage determination. HUD shall
approve an additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met
-* (1) The work to be performed by the classification requested is not
performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction
industry-, and
(3) The proposed wage rate, including any bona fide fringe bene-
fits, bears a reasonable relationship to the wage rates contained in the
waqe determination_
* (b) If the contractor and the laborers and mechanics to be employed
in the classification (it known), or their representatives. and HUD or its
designee agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the action
taken shall be sent by HUD or its designee tp the Administrator of the Wage
and Hour Division, Employment Standards Administration, U.S. Department
of labor, Washington, O.C. 20210. The Administrator, or an authorized
representative. will approve. modify, or disapprove every additional classifi-
cation action within 30 days of receipt and so advise 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.)
(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).
*Amend by Revision and adding, see page 3
U.S. Department of Housing
and Urban Development ir
HUD or its designee "if refer the questions, including the views of all
interested parties and the recommendation of HUD or its designee, to the
Administrator for determination. The Administrator, or an authorized repre-
sentative, 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 Man-
agement and Budget under OMB Control Number 1215-0140.)
. (d) The wage rate (including fringe benefits where appropriate)
determined pursuant to subparagraphs (txb) or (c) of this paragraph, shall
be paid to all workers performing work in the classification under this con-
tract from the first day on which work is performed in the classification.
(iit) Whenever the minimum wage rate prescribed in the contract for a
class of laborers or mechanics includes a fringe benefit which is not
expressed as an hourly rate, the contractor shall either pay the benefit as
stated in the wage determination or shall pay another bona fide fringe
benefit or an hourly cash equivalent thereof.
('rv) If the contractor does not make payments to a trustee or other thud
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 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 the meeting of obligations under the plan or program.
(Approved by the Office of Management and Budget under OMB Control
Number 1215-0140.)
2. Wlthhotding. 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 $0 much of the
accrued payments or advances as may be considered necessary to pay
laborers and mechanics, including apprentices, trainees and helpers, t
employed by the contractor or any subcontractor the full amount of wages
required by the contract In the event of failure to pay any laborer or
mechanic, including any apprentice, trainee or helper, employed or working t
on the site of the work for under the United States Housing Act of 1937 or
under the Housing Act of 1949 in the construction or development of the
project), all or part of the wages required by the contract HUD or its desig-
nee may, after written notice to the contractor, sponsor. applicant, or owner,
take such action as may be necessary to cause the suspension of any
hither payment, advance, or guarantee of funds until such violations have
ceased. HUD or its designee may, after written notice to the contractor, dis-
burse such amounts withheld for and on account of the contractor or sub-
contractor to the respective employees to whom they are due. The Comp-
troller General shall make such disbursements in the case of direct
Davis -Bacon Act contracts.
3. () Payrolls and basic records. Payrolls and bask records relating
thereto shall be maintained by the contractor during the course of the work
preserved for a period of three years thereafter for all laborers and
mechanics working at the site of the work (Or under the United States
Housing Act of 1937. or under the Housing Act of 1949. in the construction
or development of the protect). Such records shall contain the name.
address, and social security number of each such worker. his or her cor-
rect classification, hourly rates Of wages paid (including rates of contribu-
tions or costs anticipated for bona fide fringe benefits or cash equivalents
thereof of the types described in Section l(bX2)(S) of the Davis-b: con Act).
daily and weekly number of hours worked, deductions made and actual
wages paid. Whenever the Secretary of labor has found under 29 CFR 5.5
(ax1)(iv) that the wages of any laborer or mechanic include the amount of
any costs reasonably anticipated in providing benefits under a plan or pro-
gram described in Section l(by2y8) of the Davis -Bacon Act the contractor I
shall maintain records which show that the commitment to provide such
Previous Edition is Obsolete
HUD-0010 (2- 41
i
..
SPECIFICATIONS
Arnett Benson Sidewalk Project CD Year 19
1993/1994
Revised 1-18-94
3200
Block
of Baylor
3201
Baylor
sidewalk
front
to alley return
3202
Baylor
sidewalk
front
to alley return
3203
Baylor
sidewalk
front,
extend lead sidewalk if
necessary
3204
Baylor
sidewalk
front,
replace driveway approach
3206
Baylor
sidewalk
front
3207
Baylor
sidewalk
front
extend to lead sidewalk,
sidewalk
front
should meet with existing lead
walkway,
driveway approach
3208
Baylor
sidewalk
front
(vacant lot)
3209
Baylor
sidewalk
front,
driveway approach
3210
Baylor
sidewalk
front,
driveway approach
3211
Baylor
sidewalk
front,
driveway approach
3212
Baylor
sidewalk
front,
replace 15 feet of existing
sidewalk
3213
Baylor
(vacant lot)
sidewalk
front
3214
Baylor
sidewalk
front
3216
Baylor
sidewalk
front,
driveway approach
3217
Baylor
sidewalk
front,
driveway approach
3219
Baylor
sidewalk
front,
driveway approach
3220
Baylor
sidewalk
front,
driveway approach
3222
Baylor
sidewalk
front,
driveway approach
3223
Baylor
sidewalk
front
alley return
3224
Baylor
sidewalk
front
to extend for handicap ramp
M
2
3000 Block of Cornell
3004
Cornell
(vacant
lot) sidewalk front
3005
Cornell
sidewalk
front to alley return, driveway
approach
3008
Cornell
sidewalk
front
3009
Cornell
(vacant
lot) sidewalk front, replace
curb and
gutter (20 feet)
3011
Cornell
sidewalk
front, driveway approach
3013
Cornell
(vacant
lot) sidewalk front, driveway
approach
3018
Cornell
extend sidewalk to alley return
3025
Cornell
sidewalk
front to alley return"
313
Elgin
driveway
approach, sidewalk front
315
Elgin
driveway
approach, sidewalk front
319
Elgin
sidewalk
front, replace driveway
approach
323
Elgin
driveway
approach, sidewalk front
extending to north side of lot
3102 Cornell
3106 Cornell
3110 Cornell
3112 Cornell
3114 Cornell
3116 Cornell
3120 Cornell
3100 Block of Cornell
sidewalk front to alley return
sidewalk front, replace existing
driveway approach on east side of lot
sidewalk front, driveway approach east
side of lot
(vacant lot) sidewalk front
(vacant lot) sidewalk front, replace
approximately 50 feet of curb & gutter
(vacant lot) sidewalk front, replace 30
feet of curb and gutter
sidewalk front, replace approximately 30
feet of curb & gutter
3
7
4
3200 Block of Emory
3202
Emory
install sidewalk front to alley return
3204
Emory
(vacant lot) sidewalk front, replace 20 feet
of curb and gutter
3205
Emory
(vacant lot) sidewalk front
3207
Emory
install sidewalk front between existing
sidewalk, driveway approach
3208
Emory
sidewalk front
3210
Emory
(vacant lot) sidewalk front, replace 10' curb
& gutter
3212
Emory
(vacant lot) sidewalk front
3215
Emory
sidewalk front, replace driveway approach
3216
Emory
replace existing sidewalk, driveway approach
3220
Emory
sidewalk front, replace existing driveway
approach
3221
Emory
sidewalk front to the alley return
3222
Emory
sidewalk front to alley return, replace
existing driveway approach
507
N. Gary
sidewalk front to alley return, driveway
approach
509
N. Gary
sidewalk front from east to north side of
lot, driveway approach
5
Martin Luther King Jr. Boulevard
Install sidewalk front between 5th and loth street on the
east side of Martin Luther King Jr. Boulevard
r
r
A
Handicap Ramp Locations
INTERSECTION LOCATIONS
Emory/Gary
NORTHWEST
Corner
SOUTHWEST
Corner
Emory/Hartford
NORTHEAST
Corner
SOUTHEAST
Corner
Cornell/Gary
NORTHEAST
Corner
Cornell/Flint
NORTHWEST
Corner
NORTHEAST
Corner
SOUTHEAST
Corner
Cornell/Elgin
NORTHWEST
Corner
SOUTHWEST
Corner
Baylor/Hartford
NORTHEAST
Corner
SOUTHEAST
Corner
Baylor/Gary
NORTHWEST
Corner
SOUTHWEST
Corner
Martin Luther King/East 5th
SOUTHEAST
Corner
Martin Luther King/East 8th
NORTHEAST
Corner
SOUTHEAST
Corner
Martin Luther King/East 9th
NORTHEAST
Corner
SOUTHEAST
Corner
Martin Luther King/East loth NORTHEAST Corner
PW
17
MATERIALS OF CONSTRUCTION
1. GENERAL
The following paragraphs give the specifications on the
various materials which are to be used in this project.
On minor items a certificate from the manufacturer may be
required, certifying that the material or equipment meets
n the specifications for such material as specified herein.
All materials shall be subject to the approval of the
Engineer before being used.
2. CONCRETE
A. Cement
r
Cement shall conform to "Standard Specifications and
�* Test for Portland Cement," A.S.T.M. Serial. Designation
C150, Type I and Type III, and shall be an approved
brand.
B. Aggregate
Description
Concrete aggregates shall consist of natural, washed
and screened sand, and washed and screened gravel or
clean crushed stone conforming to "Standard
Specification for Concrete Aggregate," A.S.T.M. C-33-
39 and Item No. 360 of the Texas State Highway
Specifications. Coarse aggregate for Class "C"
Concrete Street Paving shall be crushed limestone
(Brownwood Type). The aggregate shall be well graded
from coarse to fine and shall be free from injurious
amount of clay, soft or flaky materials, loam or
organic impurities. All aggregate shall be approved
by the Engineer before use. Maximum size of aggregate
shall be 1-1/2 inches. Aggregate for concrete
construction proposed to be used in this project shall
have a loss not to exceed 18% when subjected to 5
cycles of the Magnesium Sulfate soundness test
A.S.T.M. C-88-76.
Stockpiles
The location of all stockpiles of aggregate shall be
approved by the Engineer prior to unloading as to
zoning requirements, smoothness and compaction of the
ground, and traffic conditions. Stockpiles of
aggregate to be incorporated into the project shall be
protected from dust
M-1
by drift fences of any suitable material approved by
the Engineer, when sandstorm possibilities exist.
Care will be taken to prevent dusty conditions in the
stockpile area from any sources.
C. Water
Water shall be clean, clear, free from oil, acid or
organic matter and free from injurious amounts of
alkali, salts or other chemicals.
D. Concrete Materials Test
-Construction Tests
The contractor will submit test certificates from an
approved commercial laboratory on all aggregates
proposed for use on this work. Tests should be made
approximately 20 days before beginning the concrete
operation.
The contractor will submit in advance of construction
the mix design and the result of compression tests
made by a commercial laboratory. These will be made
on each type of concrete mix design proposed for use
on this project.
Tests shall be made on 6 cylinders for each mix, 3
tested in 3 or 7 days, 3 tested at 7 or 28 days.
Additional tests shall be furnished if material source
is changed or if concrete used varies from the
original design.
Use of mix design shall be subject to approval by the
Engineer after pre -construction tests have been
completed.
Construction Tests
Tests of the aggregates and the concrete will be made
by the Engineer during construction to determine
conformity with the specifications. Test cylinders
will be made in accordance with the Method of Making
and Curing Concrete Compression and Flexure Test
Specimens in the Field (ASTM Designation C-31). The
specimens shall be cured under standard moisture and
temperature conditions in accordance with requirements
of ASTM C-31.
Strength tests shall be made, in general, for each
day's run, or for each 50 cubic yards of concrete if a
day's run greatly exceeds this amount, but these tests
may be made entirely at the discretion of the
Engineer. Strength tests on Class "CIO Concrete shall
M-2
r
r�
be made for approximately each 30 cubic yards, or
every third truck on each day's run. The costs of all
such testing will be borne by the City but the
Contractor shall cooperate in securing and storing
samples and shall furnish all materials required for
r- sampling.
A strength test shall consist of five standard test
cylinders made from a composite sample obtained in
i'
accordance with the requirements of ASTM Designation
C-172. Two of the cylinders shall be tested at 3 or 7
days and at 7 or 28 days. The fifth cylinder shall be
held available for subsequent testing, if determined
necessary by the Engineer. The test result shall be
the average of the two 7 or 28 day specimens, except
that, if one specimen in the test shows manifest
evidence of improper sampling, molding, or testing, it
shall be discarded and the remaining two strengths
averaged. Should more than one specimen representing a
given test show definite defects, due to improper
sampling, molding or testing, the entire test shall be
discarded.
The result of the 7 or 28 day strength tests shall be
used as the basis for accepting or rejecting the
concrete represented.
The results of the 3 or 7 day strength tests will be
compared with the 3 or 7 day strength of the
preconstruction test cylinders for the type and slump
of the concrete being produced. Should the 3 or 7 day
strengths indicate a deficiency in the 7 or 28 day
strengths, the Engineer may require a temporary change
in proportions to correct such deficiency. Such
change shall remain in effect until the 7 or 28 day
strength of the material in question is determined, at
which time the change shall become permanent or shall
be rescinded, depending upon the results of the 7 or
28 day test.
The engineer shall record the delivery ticket number
for the concrete and the exact location in the work at
which each load represented by a strength test is
deposited.
E. Concrete Design
Concrete conforming to these specifications may be
"Ready Mix" but transporting vehicles shall be
fool operated such as to insure delivery and placement in
forms without loss or segregation of ingredients and
within one hour of mixing time. Concrete will be
mixed continuously during transit.
M-3
Mix Design
All concrete for curb and gutter, valley gutters,
fillets and alley stubs, alley slabs, drainage
channels, inlet boxes, headwalls, and medians shall
have 5% air entrainment (±1-1/2% tolerance). The
concrete mix design shall be based on water -cement
ratio, and shall be as follows for the different
classes of concrete.
Minimum Sacks Max. Gal. Max. Slump
Class Cement per C.Y. Water per sack in inches
A 5 6.5 4
C 6 6 3
E 5.5 5.5 3
F 6 5.5 2
The concrete mix design for the different classes
shall also be such that the compressive and flexural
strength for each class shall not be less than the
following:
Class
3 day
7 day
A ---
2100
C ---
3000
E 2500
3000
F 2900
3500
Minimum Average for
any test
beam strength 28 day
--- 3000
600 3600
Any concrete failing to meet these strength
requirements or air content shall be removed and
replaced.
Low Strenatjkh Concrete
Any class of concrete incorporated in any part of the
project which does not meet the strength requirements
specified above, shall be considered low strength
concrete. Low strength concrete shall be removed and
replaced at the expense of the Contractor.
The Engineer shall determine the exact limits of any
low -strength concrete required to be removed and
replaced under the provisions of this paragraph. The
methods to be used in removing and replacing such
concrete shall be approved by the Engineer.
Fvcz-!
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F. Classification
Unless otherwise shown on the plans: Class A concrete
shall be used for curb and gutter, drainage channels,
medians, inlet boxes, headwalls and sidewalks; Class C
concrete shall be used for concrete paving and valley
gutters constructed in thoroughfare and collector
streets; Class E concrete shall be used for valley
gutters on streets other than thoroughfares and
collectors and for alley returns, alley paving and
reinforced gutter sections; Class F concrete is used
for railroad sections.
G. Mixing
All aggregates shall be accurately weighed or measured
by volume. The concrete shall be mixed in an approved
batch mixer equipped with an accurate water measuring
tank, and shall be mixed for one and one-half minutes
after all material is in the mixer. "Ready Mixed" or
"Transit Mixed" concrete may be used. If used it
shall conform to these specifications and the
"Standard Specifications for Ready Mixed Concrete,"
A.S.T.M. Serial Designation C94-38 and Item No. 502 of
the Texas State Highway Specifications.
After mixing, the concrete shall be transported to the
forms in a manner which will prevent separation or
segregation of the aggregates and shall be placed
without undue delay. It shall be deposited as nearly
as practicable in its final position in order to avoid
rehandling or flowing of the concrete. No water shall
be added to the concrete to facilitate finishing.
H. curing Compounds
Compounds used to form an air tight membrane over
fresh concrete surface for curing purposes shall
conform to Item 526, Texas State Highway
Specifications and "A.S.T.M." Serial Designation C-
309.
3. REINFORCING MATERIALS
A. Wire Mesh
Wire mesh reinforcing shall conform to "Standard
Specifications for Welded Steel Fabric for Concrete
Reinforcement" ASTM Designation A-185.
Mesh reinforcement shall be of the size shown on the
plans. All reinforcement shall be permanently marked
with grade identification marks or shall, on delivery,
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be accompanied by a manufacturer's guarantee of grade
and compliance with these specifications.
Reinforcement stored on the site shall be protected
from accumulations of grease, mud or other foreign
matter and from rust producing conditions and shall be
free from rust, scale, oil,'mud'or structural defects
when incorporated into alley slab, or valley gutters.
B. Bar Reinforcing
Reinforcing steel to be used on this project shall
conform to A.S.T.M. Designation A-432 and shall be
deformed to A.S.T.M. 305 requirements unless otherwise
shown on the plans.
C. Fiber Reinforcement
(1) The fiber used shall be 100 per cent virgin
polypropylene collated, fibrillated fibers
specifically manufactured for use as concrete
reinforcement, containing no reprocessed olefin
materials.
(2) The physical characteristics of the fiber to be
used is as follows: Specific Gravity - 0.91;
Tensile Strength - 70 to 110 ksi; Length of fibers
- 1/2" .
(3) Fibrous concrete reinforcement materials provided
by this section shall produce concrete conforming
to the requirements for each type and class of
concrete listed in Section 4-2-E. Quantities to
be used shall conform to manufacturer's
recommendations, unless otherwise directed by the
Engineer.
4. JOINT MATERIAL
A. Expansion Joint Materials
Bituminous premolded expansion joint material shall
conform to Item No. 420.2 (a) of the Texas State
Highway Department Specifications.
Expansion joints shall be placed as shown on the plans
or as directed by the Engineer.
B. Joint Sealing Material
Joint sealing material shall be W.R. Meadows SOP -SEAL
or approved equivalent
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5. FORMS
Concrete forms may be of wood or metal, of a section
satisfactory to the Engineer, straight, free of warp, and
a depth equal to the depth of the concrete section
formed. Forms shall be constructed accurately to the line
and grade as established in the field, shall be
adequately braced so that they will not move during the
placing of the concrete, and shall remain in place at
least twelve (12) hours after placing concrete. Forms
shall be oiled with a light oil before each use and forms
which are to be re -used shall be cleaned immediately
after each use and maintained in good condition. Curb
forms shall be such that the face of the curb can be
formed by use of a face form held in place by steel
templates. Forms used for curb shall meet all of the
above specifications, except that face forms on curb
radii may be omitted if a true section and an accurate
flow can be obtained by other methods approved by the
Engineer. In no case will a concrete pour be started
without the approval of the Engineer. No forms shall be
placed until the subgrade is within one inch (111) of its
finished grade. Forms for alley slabs may be used as a
guide for screeding. Where longitudinal construction
joints are required, the form shall be so constructed as
to provide a 1-1/8 inch "V" shaped groove in the face.
f M-7.
Details of Construction
1. General
These items shall consist of Portland Cement'Concrete
construction as shown on the plans or as directed by
the engineer. Included in the various items to be
constructed is the subgrade preparation and filling and
shaping of the areas adjacent to the concrete
structures.
Concrete Mixing and Placing
1. Mixin
The aggregates, mineral filler if required, cement
and water shall be measured separately, introduced
into the mixer, and mixed for a period of not less
than 50 seconds nor more than 90 seconds, measured
from the time the last aggregate enters the drum to
the time discharge of the concrete begins. The
required water shall be introduced into the mixing
drum during the first is seconds of mixing. The
entire contents of the drum shall be discharged
before any materials of the succeeding batch are
introduced.
The Engineer may increase the minimum mixing time to
that necessary to produce thoroughly mixed concrete
based on inspection or appropriate uniformity tests.
The mixing time may be varied at any time necessary
to produce acceptable concrete.
If Ready -Mix concrete is used, the concrete shall be
discharged into the specified hauling equipment and
delivered to the road site. If truck agitators are
used, the concrete shall be continuously agitated at
not less than one nor more than six rpm as directed
by the Engineer.
The initial batch of concrete mixed after each time
the mixer is washed out shall be enriched by
additional mortar. The additional mortar shall be one
sack of cement and three parts of sand.
2. Placing
Any concrete not placed as herein prescribed within
30 minutes after mixing shall be rejected and
disposed of as directed except as provided otherwise
herein. Except by specific written authorization of
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the Engineer, concrete shall not be placed when the
temperature is below 400F, the temperature being
taken in the shade and away from artificial heat.
When such permission is granted, the Contractor shall
furnish an approved enclosure, such as canvas -covered
framework, to enclose and protect all pavement so
placed, and shall maintain the temperature of the air
surrounding the concrete at not less than 50°F for
not less than 5 days. When concrete is being placed
in cold weather, other than under the conditions
stated above, the Contractor shall have available a
sufficient supply of an approved covering material to
immediately protect concrete if the air temperature
falls to 32°F, or below, before concrete has been
placed 4 hours. Such protection shall remain in place
during the period the temperature continues below
320F or for a period of not more than 5 days. Neither
salt nor other chemical admixtures shall be added to
the concrete to prevent freezing. The Contractor
shall be responsible for the quality and strength of
concrete under cold weather conditions and any
concrete damage by freezing shall be removed and
replaced at his expense. Concrete shall not be placed
before sunrise and shall not be placed later than
will permit the finishing of the pavement during
sufficient natural light.
Concrete shall be placed only on approved subgrade or
("
sub -base, and unless otherwise indicated on plans,
the full width of the pavement shall be constructed
monolithically. The concrete shall be deposited on
�.
the subgrade or sub -base in such manner as to require
j
as little rehandling as possible. Where hand
spreading is necessary, concrete shall be distributed
to the required depth by use of shovels. The use of
rakes will not be permitted. Workmen will not be
permitted to walk in the concrete with any earth or
foreign material on their boots or shoes. The placing
r
of concrete shall be rapid and continuous.
t .
Concrete shall be distributed to such depth that when
consolidated and finished, the slab thickness
required by plans will be obtained at all points and
the surface shall not, at any point, be below the
established grade. Special care shall be exercised in
r"
placing and spreading concrete against forms and at
all joints to prevent the forming of honeycombs and
voids.
If in the opinion of the Engineer, the temperature,
wind and/or humidity conditions are such that the
quality of the concrete will not be adversely
4 �
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affected, the specified placing time may be extended
to a maximum of 45 minutes.
3. Reinforcing Steel
All reinforcing steel, including steel wire fabric
reinforcement, tie bars, and dowel bars shall be
accurately placed and secured in position in
accordance with details shown on plans. Reinforcing
bars shall be securely wired together at alternate
intersections, following a pattern approved by the
Engineer, and at all splices, and shall be securely
wired to each dowel intersected. When wire fabric is
used, it shall be securely wired together at all
splices and to each dowel intersected. Tie bars shall
be installed in the required position by the method
and device shown on plans or by approved method and
device equivalent thereto.
Tightly adhered scale or rust which resists removal
by vigorous wire brushing need not be removed except
that excessive loss of section to the reinforcement
due to rust shall be cause for rejection. Excessive
loss of section shall be defined as loss of section
to the extent that the reinforcement will no longer
meet the physical requirements for the size and grade
of steel specified.
Where plans require an assembly of parts at pavement
joints, the assembly shall be completed, placed at
required location and elevation, and all parts
rigidly secured in required position by the method
and devices shown on plans. Dowel bars shall be
accurately installed in joint assemblies in
accordance with plans, each parallel to the pavement
surface and to the center line of the pavement, and
shall be rigidly secured in required position by such
means (as shown on plans) that will prevent their
displacement during placing and finishing of the
concrete.
4. Joints
When the placing of concrete is stopped, a bulkhead
of sufficient cross sectional area to prevent
deflection, accurately notched to receive the load
transmission devices or dowels if required, and
shaped accurately to the cross section of the
pavement shall be provided and installed as a back-up
for the joint filler and rigidly secured in required
position to permit accurate finishing of the concrete
up to the joint. After concrete has been finished to
the joint, formation of the joint seal space and
finishing of the joint shall be executed. The back-up
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bulkhead shall remain in place until immediately
prior to the time when concrete placing is resumed,
when it shall be carefully removed in such manner
that no element of the joint assembly will be
disturbed. The exposed portion of the joint assembly
�.
shall be free of adherent concrete, dirt or other
material at the time placing of concrete is resumed.
If necessary for proper installation of joint sealer,
excessive spalling of the joint groove shall be
repaired to the satisfaction of the Engineer in the
manner which he prescribes.
r
Careful workmanship shall be exercised in the
construction of all joints to insure that the
concrete sections are completely separated by an open
joint or by the joint materials and to insure that
the joints will be true to the outline indicated.
5. Weakened Plane Joints
Weakened plane joints.shall consist of transverse
r
contraction joints and longitudinal joints and shall
be sawed as specified on the plans or as directed by
the Engineer. When the joints are sawed, the saw
shall be power driven, shall be manufactured
"
especially for the purpose of sawing concrete, and
1
shall be capable of performing the work. Saw blades
shall be designed to make a clean smooth cut having a
r
width and depth of cut as detailed on the plans.
Tracks adequately anchored, chalk, string line or
"
other approved methods shall be used to provide true
r,
alignment of the joints. The concrete saw shall be
maintained in good operating condition and the
Contractor shall keep a stand-by power saw on the
project at all times when concrete operations are
under way.
If membrane curing is used, the portion of the seal
which has been disturbed by sawing operations shall
4
be restored by the Contractor by spraying the area
with additional curing seal.
6. Contraction Joints
Transverse contraction joints shall be formed or
*' sawed joints perpendicular to the centerline and
surface of the pavement. Where sawed joints are used,
contraction joints at approximately 10 to 15-foot
r.., intervals shall be sawed as soon as sawing can be
accomplished without damage to the pavement and
before 12 hours after the concrete has been placed,
the exact time to be approved by the Engineer. The
i- remaining contraction joints shall be sawed in a
l!
D-4
uniform'pattern as directed by the Engineer, and they
shall be completed before uncontrolled cracking of
the pavement takes place. All joints shall be
completed before permitting traffic to use the
pavement.
7. Longitudinal Joints
Longitudinal joints shall be sawed within two days
after construction of the pavement. Sawing shall not
cause damage -to the pavement and the grooves shall be
cut with a minimum of spalling. No traffic (including
construction traffic) shall be permitted on the
pavement until the longitudinal joint is cut.
S. Joint Sealers
After the joints in the hardened concrete have been
repaired (if necessary) and cleaned to the
satisfaction of the Engineer, the joints will be
filled with the W.R. Meadows SOF-SEAL. After the
sealant is installed it will effectively seal the
joints against water, dirt and stones throughout
repeated cycles of expansion and contraction.
9. Asphalt Board
Premolded materials, wherever used, shall be anchored
to the concrete on one side of the joint by means of
copper wire or nails not lighter than No. 12 B&S
gage. Such anchorage shall be sufficient to overcome
the tendency of the material to fall out of the
joint.
D-5
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t SPECIAL CONDITIONS
1. CHANGES IN THE WO
THE WOE
The Local Public Agency may increase the quantity of the work
in the Contract by supplementary projects, not included in
the Contract, without invalidating the Contract, and without
relieving or releasing the Contractor from any of his
obligations under the Contract or any guarantee given by him
pursuant to the Contract provisions, and without affecting
the validity of the guaranty bonds, and without relieving or
releasing the surety or sureties of said bonds. All such
work shall be executed under the terms of the original
Contract unless it is expressly provided otherwise.
If applicable unit prices are contained in the agreement
(established as a result of either a unit price bid or a
Supplement Schedule of Unit Prices) the Local Public Agency
may order the Contractor to proceed with desired additions to
the work as a result of supplementary projects, the value of
such changes to be determined by the measured quantities
involved and the applicable unit prices specified in the
Contract; provided that in case of a unit price contract the
net value of all additions does not increase or decrease the
original total amount shown in the Agreement by more than
twenty-five (25%).
Except for the purpose of affording protection against any
emergency endangering health, life, limb or property, the
Contractor shall make no change in the materials used or in
the specified manner or construction and/or installing the
improvements or supply additional labor, services or
materials beyond that actually required for the execution of
the Contract, unless in pursuance of a written order from the
Local Public Agency authorizing the Contractor to proceed
with the change. No claim for an adjustment of the contract
price will be valid unless so ordered.
2.
The Superintendent and/or his assistants will not be allowed
to serve two functions simultaneously, such as operating
machinery and acting as Superintendent at the same time. The
Superintendent must be free of individual responsibilities to
*� enable him to give the entire project his constant attention
to facilitate the progress thereof.
SC-1
3. TIME AND ORDER FOR COMPLETION
No work will be allowed from November 1st through January 2nd
unless approved by the Engineer.
The construction covered by the contract documents shall be
fully completed within 45 working days from the date
specified in the Notice to Proceed issued by the City of
Lubbock to the successful bidder.
4. MAINTENANCE OF DETOURS
The Contractor shall do such work as may be necessary to
maintain detours and facilities for safe public travel.
There shall be maintained in passable condition such
temporary roads and structures as may be necessary to
accommodate public travel. Temporary approaches and
crossings of intersecting highways shall be provided and
maintained in a safe and passable condition by the Contractor
at his entire expense.
5. PUBLIC SAFETY AND CONVENIENCE
The safety of the public and the convenience of traffic shall
be regarded as of prime importance. It shall be the entire
responsibility of the Contractor to provide for ingress and
egress to private property. Ingress and egress to private
property shall be provided as specified in the plans or as
directed by the Engineer.
The Contractor shall plan and execute his operations in a
manner that will cause the minimum interference with traffic.
The Contractor shall secure the Engineer's approval of his
proposed plan of operation, sequence of work and methods of
providing for the safe passage of traffic before it is placed
into operation. If at any time during construction the
approved plan does not accomplish the intended purpose, due
to weather or other conditions affecting the safe handling of
traffic, the Contractor shall immediately make necessary
changes therein to correct the unsatisfactory conditions.
At night or otherwise, all equipment not in use shall be
stored in such manner and at such locations as not to
interfere with the safe passage of traffic. The Contractor
shall provide and maintain flaggers at such points and for
such periods of time as may be required to provide for the
safety and convenience of public travel and Contractor's
personnel, and as directed by the Engineer. Flaggers shall
be English speaking, courteous, well informed, physically and
SC-2
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9
mentally able to effectually perform their duties in
safeguarding and directing traffic and protecting the work,
+" and shall be neatly attired and groomed at all times when on
duty. When directing, flaggers shall use standard attire,
flags and signals and follow the flagging procedures set
forth in the Texas Manual on Uniform UNIFORM TRAFFIC CONTROL
DEVICES for Streets and Highways.
r 6. BARRICADES AND DANGER, WARNING AND DETOUR SIGNS AND
TRAFFIC HANDLING
r The Contractor shall have the sole responsibility for
7 providing, installing, moving, replacing, maintaining,
cleaning and removing upon completion of work, all
barricades, warning signs, barriers, cones, lights, signals
and other such type devices for handling traffic control as
indicated in the plans or as directed by the Engineer. All
barricades, warning signs, barriers, cones, lights, signals
P" and other such type devices shall conform to details shown on
the plans and as directed by the Texas Manual on Uniform
Traffic Control Devices.
The Contractor may provide special signs not covered by plans
to protect the traveling public against special conditions or
hazards, provided however, that such signs are first approved
by the Engineer.
Upon completion of the work, all barricades, warning signs,
barriers, canes, lights, signals and other such type devices
and evidence thereof shall be removed by the Contractor.
7. PROSECUTION OF WORK
Not more than seven (7) calendar days shall elapse between
r the time subgrade preparation is begun and the time of
spreading and compaction of the base.
At no time during the period of construction shall driveways
and/or alleys be left impassable between the night hours of
6:00 a.m. to 6:00 p.m., except during the construction of the
curb and gutter for which the driveways and/or alleys shall
r- remain closed not more than seven (7) days including four (4)
days for curing.
+- The Contractor is responsible for communications with
adjacent property owners during construction that may limit
or deny access to their properties.
I
SC-3
8. WATER
Water for this project will be furnished by the City of
Lubbock at fire hydrants designated by the Contractor for
which there will be no charge. The Contractor will be
furnished loading racks by the City Director of Water
Utilities. The loading rack will be equipped with a valve
which will be pad -locked at all times except when the
Contractor's truck is loading. The valve on the loading rack
shall be used by the Contractor and at no time will the
Contractor use the fire hydrant valve. The padlock on the
rack valve shall be furnished by the Contractor. The
Contractor shall not use any fire hydrants for water loading
unless there is an authorized rack on the fire hydrant. The
Contractor will not be allowed to use water from authorized
loading racks except on City approved projects. Water, which
is supplied by the City, is intended for use in compacting
subgrade and base and maintaining dust control. It is not
the intention of the City to furnish water for use in mixing
concrete.
9. RESTRICTIONS AND REQUIREMENTS FOR CONSTRUCTION
A. The Contractor will need special permission to be
permitted to work on weekends or legal holidays and shall
do no work on any contract item before daylight or later
than one hour after sundown, except as directed and
approved by the Engineer. No work will be allowed between
November 1 and January 2, unless approved by the Engineer.
B. A 1:2 dilute emulsion treatment with MS-1 or SS-1
emulsified asphalt at a rate of .10 gallon per square
yard will be applied to the A.C. surface within ten (10)
days of the placement of the A.C. surface.
C. Temperature Requirements (The temperature readings
to be used will be as reported by the National Weather
Service on an hourly report [Telephone Number 762-0141]).
(A) HMAC - November 1 until April 1
1. The asphaltic mixture shall not be placed
when the air temperature is below 550F.
and falling.
2. The asphaltic mixture may be placed when
the air temperature -is above 50OF and
rising.
(B) HMAC - April 1 till November 1
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1. The asphaltic mixture shall not be placed
when the air temperature is below 500F.
and falling.
,.- 2. The asphaltic mixture may be placed when
the air temperature is above 450F. and
rising.
(C) Asphalt Stabilized Base
1. The asphaltic mixture shall not be placed
�- when the air temperature is below 450 F and
falling,
r, 2. The asphaltic mixture may be placed when the
I
air temperature is above 400 F and rising.
.The engineer may use his discretion to require
a cover over the asphaltic mixture when being
hauled from the plant to the job site.
D. Unless otherwise approved by the engineer, the minimum
temperature of asphalt materials immediately after
placement by the laydown machine will be 3000 F for
asphaltic concrete surface and 2750 F for asphalt
stabilized base.
E. Standby rollers shall be located at the job site for
r- immediate use if needed.
F. Proof rolling will be required on subgrade, caliche base,
black base, embankment or surface. After rain showers if
deemed necessary by the Engineer each item that was
approved will be re -rolled. The proof rolling will be
performed using a self-propelled 25 ton pneumatic roller
with certified weight certificate.
G. Preliminary approval, by the Engineer, of aggregate at the
pit and crusher location shall be required, prior to
delivery to the plant. Final approval of the stockpile
material, at the hot mix plant or concrete plant, or
stockpile locations will be required by the Engineer,
after which no additional aggregate will be added to the
approved stockpile prior to entering the mixing plant.
H. During the period of construction the Contractor will not
use private driveways for turning or parking his
equipment. Any damage to sidewalks, driveways, slabs or
curb and gutter will be replaced at the Contractor's
expense.
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I. Before any portion of any street is closed to traffic the
Contractor will be required to have sufficient equipment
on the site to start the construction, and at no time
will any section of the closed area be left three (3) days
without some type of work being performed. If there is a
shortage of equipment to work on all areas of the closed
section then the Contractor will be required to provide
additional equipment.
It is the intent of these requirements to construct the
improvements listed in this contract with the least
inconvenience to the property owners and the traveling
public. In the event damage occurs to pavement in the
area of a fire hydrant, which was caused by the
Contractor's employees negligence to shut off the valve on
the loading rack, it will be the Contractor's
responsibility and expense to repair the paving and
replace curb and gutter if required by the Engineer.
10. REMOVING OBSTRUCTIONS
The Contractor shall familiarize himself with ,the existing
obstructions including sidewalks, trees, poles, etc., prior
to construction. It shall be the Contractor's responsibility
to remove these obstructions at the direction of the Engineer
except that the utility companies will move their equipment
at no cost to the Contractor. The Contractor will receive no
compensation for delay caused by the Utility Companies in
relocating or removing their equipment.
11. TEST OF MATERIALS
These requirements apply to this contract and all
construction work on all streets and alleys including new
subdivisions, streets and alley use permits.
The contractor will bear the cost of all material tests on
hot mix design and concrete design. The City will bear the
cost on tests during construction such as density on caliche
base, gradation on concrete and paving aggregates and density
and asphalt extraction test on hot -mix and black base.
(A) Caliche Base Materials
Before materials can be used on any street,
current (not older than 30 days) test reports
will be submitted to the Engineer for approval
and test reports will be required every 30 days
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before this material can be used continuously on
City streets. During the construction period,
tests that fail will require re -testing by the
City lab at the contractor's expense.
(B) Concrete Mix Design
Preconstruction Test
The Contractor or concrete supplier will submit
a mix design on the crushed stone and gravel
approximately (20) days before beginning the
concrete operation for approval by the Engineer.
r Contractors or Concrete Suppliers that supply
concrete for any contract, new -subdivision,
street or alley use permits will be required
PM to submit to the City Engineer a concrete mix
design every thirty (30) to forty-five (45)
days for approval. Any contractor or concrete
supplier that does not have a current mix design
r" on file with the City Engineer will not be per -
permitted to furnish concrete for any project within
the City of Lubbock until mix design is received.
The City of Lubbock Testing Laboratory will make
test cylinders during the construction period.
When test cylinders fail to meet the required
strength at the 7 or 28 day break, the concrete in
question will be cored by the City of Lubbock
Testing Laboratory within three days after the 7 or 28
r- day break. If the core samples fail to meet the required
d strength, the concrete will be rejected and removed. The
` cost of coring on concrete that fails on the core test
f. will be charged to the Contractor or Concrete
Supplier. After the mix design is submitted and
approved by the Engineer, no changes in the design
or materials will be permitted without approval of
!" the Engineer.
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(C) cement
Certified mill test on each car or transport.
(D) Asphalt
Certified Lab Test.
(E) Density Test
The City of Lubbock Testing Laboratory will
provide density tests on the base or subgrade.
SC-7
The City of Lubbock Lab will be the final authority on
all tests.
12. SUBCONTRACTORS
The Contractor shall not award any work to any subcontractor
without prior written approval of the Owner, which approval
will not be given until the Contractor submits to the Owner a
written statement concerning the proposed award to the
subcontractor, which statement shall contain such information
as the Owner may require.
The Contractor shall be as fully responsible to the Owner for
the acts and omissions of his subcontractors, and of persons
either directly or indirectly employed by them, as he is for
the acts and omissions of persons directly employed by him.
The Contractor shall cause appropriate provisions to be
inserted in all subcontracts relative to the work to bind
subcontractors to the Contractor by the terms of the General
Conditions and other contract documents insofar as applicable
to the work of subcontractors and to give the Contractor the
same power as regard terminating 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
contractual relation between any subcontractor and the Owner
and said subcontractor will look exclusively to contractor
for any payments due subcontractor.
13. UNDERGROUND UTILITIES
The Contractor's attention is directed to the fact that
pipelines and other underground installations as may be shown
of the plans have been taken from the best available
information. There may be other pipelines or installations.
The Contractor shall save harmless the City from any and all
suits or claims resulting from damage by his operations to
any pipeline or underground installation.
It is the Contractor's responsibility, during the period of
street construction, to insure that all utility cuts in the
limits of street construction have been properly backfilled,
compacted and the top 611 inches backfilled with 3-sack
concrete. It is not the intent to require the Contractor to
provide for the utility cut repair but for the individual
utility company making the cut to provide their own repairs.
SC-8
In the case
Contractor
repair the
unit price
of a City underground installation, the
may be required, at the Engineer's option, to
cut with 3-sack cement stabilized caliche at the
bid.
14. WORKING HOURS
Construction work under this contract requiring an inspector
will not be performed on weekends or holidays unless the
!
following conditions exist:
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(A) The project being constructed is essential to
the City of Lubbock's ability to provide the
'
necessary services to it's citizens.
(B) Delays in construction are due to factors
3
outside the control of the Contractor. The
Contractor is approaching the penalty provi-
sions of the contract and Contractor can
show he has made a diligent effort to
complete the contract within allotted time.
Before construction work requiring an inspector is to be
performed on weekends or holidays, the Contractor must notify
the Owner's Representative not less than three (3) full
working days prior to the weekend or holiday he desires to do
work and obtain written permission from the Owner's
Representative to do such work. The final decision on
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whether to allow construction work requiring an inspector on
weekends or holidays will be made by the owner's
Representative.
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In any event, if a condition should occur or arise at the
site of this project or from the work being done under this
contract which is hazardous or dangerous to property or life,
the Contractor shall immediately commence work regardless of
the day of the week or the time of day, to correct or
alleviate such condition so that it is no longer dangerous to
property or life.
No work will be allowed from November 1st through January 2nd
unless approved by the Engineer.
15. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor
shall submit to owner's Representative an application for
partial payment. owner's Representative shall review said
application for partial payment and the progress of the work
SC-9
9
made by the Contractor and if found to be in order shall
prepare a certificate for partial payment showing as
completely as practical the total value of the work done by
the Contractor up to and including the last day of the
preceding month.
16. 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 defects due thereto and pay for any damage to
other work resulting therefrom, which shall appear within a
period of one (1) year from date of final acceptance of the
project. The Owner or the Owner's Representative shall give
notice of observed defects withreasonable promptness.
17. EXTENSION OF TIME - TIME FOR COMPLETION
An extension of time will not be allowed on this project.
The project completion will be based on working days allowed
instead of calendar days allowed.
All places in these documents referring to the number of
calendar days to complete the project are hereby revised and
termed the number of working days to complete the project.
A working day is defined as a calendar day, not including
Saturdays, Sundays, or designated City of Lubbock holidays,
in which weather or other conditions not under the control of
the Contractor will permit the performance of the principal
unit of work underway for a continuous period of not less
than seven (7) hours between 7:00 a.m. and 6:00 p.m. For
every Saturday or designated City of Lubbock holiday on which
the Contractor chooses and has the proper authorization to
work, one day will be charged against the contract working
time when weather conditions will permit seven (7) hours of
work as delineated above. Work on Sunday will not be
permitted except in cases of extreme emergency and then only
with the written permissionofthe Engineer. If Sunday work
is permitted, working time will be charged on the same basis
as week days.
The Contractor shall complete the work within the number of
working days stated in these documents. For the purpose of
computation, working days will be considered to begin with
the effective date stated in the "Notice to Proceed".
SC-10
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id
The Engineer will furnish the Contractor a monthly statement
showing number of working days charged during the month,
!" total number of working days allowed in contract, and the
working days remaining under contract. The Contractor will
be allowed ten (10) days in which to protest the correctness
r- of the statement. This protest shall be in writing, and
shall show cause. Not filing a protest within the allowed
ten (10) days for any statement will indicate the
Contractor's approval of the time charges as shown on that
time statement and future consideration of that statement
will not be permitted. If the satisfactory completion of the
contract shall require unforseen work or work and materials
in greater amounts than these set forth in the contract, then
additional working days or suspension of time charge will be
allowed the Contractor equal to the time which, in the
opinion of the Engineer, the work as a whole is delayed.
If the Contractor fails to complete the contract in the
working days specified, the stated liquidated damages will be
charged for each working, day thereafter.
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SC-11
SITE WORK MEASUREMENT AND PAYMENT
GENERAL
The unit price bid on each item, as stated in the proposals, shall
include furnishing all labor, superintendence, machinery, equipment and
materials, except materials specified to be furnished by the owner,
necessary or incidental to complete the various items of work in
accordance with the plans and specifications. Cost of work or materials
shown on the plans or called for in the specifications and on which no
separate payment is made shall be included in the bid prices on the
various pay items.
ITEM 1 - SIDEWALK
This item shall consist of 4" thick sidewalks constructed herein
specified on an approved subgrade in conformity with the lines, methods,
and grades established by the Engineer. Work and accepted material as
prescribed for this item will be measured by the square yard of
completed sidewalk. Th unit price bid shall be the square yard of
completed sidewalk. The unit price bid shall be full compensation for
clearing obstructions, preparing the subgrade, furnishing and placing
all materials and for all manipulations, labor, tools, equipment, and
incidentals necessary to complete the work.
ITEM 2 - DRIVEWAY APPROACHES
This item shall consist of 4" thick driveway returns constructed as
herein specified on an approved subgrade in conformity with the lines,
methods, and grades established by the Engineer. Work and accepted
material as prescribed for this item will be measured by the square yard
of surface area of completed driveways. The 4 foot width of driveway
slab which is an extension or connection of sidewalk shall be considered
and paid for as sidewalk. The unit price bid shall be full compensation
for clearing obstructions, preparing the subgrade, furnishing and
placing all materials, including premolded expansion joint material, and
for all manipulation, labor, tools, equipment, and incidentals necessary
to the completion of the work as herein specified.
ITEM 3 - CURB AND GUTTER
Measurement along the face of the curb will be made of the actual length
of concrete curb and gutter and will be paid for at the unit price bid
for the linear feet of construction. This unit price shall be full
compensation for subgrade preparation including all excavation or fill,
blading, tamping, wetting, rolling, loading, hauling and wasting all
excess excavated material, removing and disposing of all obstructions
noted on the plans or as become necessary; and for furnishing and
placing all materials, including premolded expansion joint material, and
for all manipulations, labor, tools, equipment and incidentals necessary
to the completion of the work as here -in specified.
SW-1
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P"
ITEM 4 - CONCRETE REMOVAL
!� Measurement of all concrete shall be made prior to removal and the
actual amount removed shall be determined in square yards. It shall be
the contractor's responsibility to notify the Engineer or City
�.. representative prior to removal to enable measurements to be made. The
unit price bid per square yard shall be full compensation for all labor
and equipment required for concrete removal, loading, hauling and
disposal at a suitable site for dumping of waste material.
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ITEM 5 - CURB AND GUTTER REMOVAL DISPOSAL
Measurement along the face of the curb will be made of the actual length
of concrete curb and 30" gutter removed, and will be paid for at the
unit price bid for "Removal and disposal of curb and gutter, and
pavement repair, per linear foot." This unit price shall be full
compensation for all curb and gutter removal, loading, hauling, and
disposal of curb and gutter at a suitable site for dumping waste
material. It shall also be full compensation for A.C. pavement sawing
(if required) and all labor, equipment, and materials necessary to
restore subgrade, base, and A.C. paving to a condition satisfactory to
the engineer.
ITEM 6 - CONCRETE CURB RAMP
This item shall consist of 4" thick curb ramps constructed as herein
specified on an approved subgrade in conformity with the lines, methods,
and grades established by the Engineer. Work and accepted material as
prescribed for this item will be measured by the square yard of
completed ramp. The unit price bid shall be full compensation for
clearing obstructions, preparing the subgrade, furnishing and placing
all materials, and for all manipulations, labor, tools, equipment, and
incidentals necessary to complete the work. This item does not include
removal and replacement of curb and gutter or sidewalk. Separate
payment shall be made for these in items 1, 3, 4, and 5.
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SW-2
oft
FOUR FOOT SIDEWALK ALONG PROPERTY LINE
I A A
1*J \ Expansion joints Voced Mmax,
NOTE* All expansion joints
to be &4" (No scale)
NOTE. Maintain constant gutter flow line
SECTION A -A
Contraction markings V2 way through__-> Expansion joint.
slab at 4 infIrvals.
4!'min. thickness
of sidewalk
FIRE KYORANT, POWER POLE, ETC,
MUST HAVE EXPANSION JOINT WHEN
ENCLOSED IN CONCRETE.
SECTIONS 8-8
(RESIDENTIAL)
'Okiriable 4 sidewalk
Cc'
4"
min. thickness
No.4 bar 2" from sidewalk
in center of slob.
Curb removed,
FPO
(BUSINESS)
Inner curb
as required.
Variable sidewalk
6"min. thickness an
A.
No. 4 bar 2"from sidewalk
commercial driveway
in center of slob.
and sidewalk.
Curb and gutter completely
6x6 10/10 wire mesh
centered in slob.
removed and construct
Commercial Drivewol, Gulftr,
d
as shown on plate No. 4
z
Reinforced gutter section to
be poured seperate from
UJ
driveway.
NOTE t See other Plates for
Curb Ramp details
-J
N ove mber, 1992
Q-
TYPE A
• R z 40
R
Down Cud?rSectlon
4
1 0
91
TYPE B
R
R R
Down urb Section
4
11 Ads 40 f - 8 5/16"
NOTE; CONTRACTOR MAY USE EITHER OF THE ABOVE SECTIONS
9 11/16 11/2" T YPE C
_-7
d4
'
lie 2'jj
4
4
Id
u
u 9 1 I/ld,— - 1- 8 5/16"
oom
NOTE:
REINFORCED GUTTER SECTION WILL BE CONSTRUCTED WITH THREE NO.
3 4 BARS RUNNING THE ENTIRE LENGTH OF THE DRIVEWAY SECTION AND
Lij
Q
THE THREE HORIZONTAL BARS WILL BE SUPPORTED WITH THREE NO. 3
DOWEL BARS 12 INCHES IN LENGTH AND ON 5 FOOT CENTERS. LOCATIONS
AS REQUESTED BY THE CITY ENGINEERS.
TYPICAL CURB a GUTTER SECTIONS
November, 1992 FILE NO. 2-A-57
SEcr/oft/ VIEW
/it = 2'
CURS a
WTTER
F,20A/r V SW
/', = s'
R=
NOTE: A skid resistant surface shell
be made of the 3,x 5.50 ramp
section utilizing • diamond
mesh pattern (or equivalent
VARIES pattern approved by the engineer).
16 Minimm pattern openings shell
TYPICAL_ be 3/4" x 1/2", maximm openings
shell be 2" )e 3/4". The 3' x 5.5'
ramp section shell be marked using
a 4" wide yellow stripe pieced
longitudinally along each outside
edge of the ramp section. The yellow
stripe may be painted or taped as per
City of Lubbock specifications.
RAMP a 44.0f? Cwmte Fbtwork
' PLATE N-o.6
s 25,
November,1992
SPECIAL CONDITIONS
NOTICE OF ACCEPTANCE
TO:
The City of Lubbock, having considered the proposals submitted and
opened on the day of 199_, for work to be done
r and materials to be furnished in and for:
1
as set forth in detail in the Specifications, Plans, and Contract Documents
�. for such work for the City of Lubbock; it appearing that your proposal is
fair, equitable and to the best interest of said City, please take notice
that said proposal was accepted by the City Council of the City of Lubbock
on the day of 199 at the bid price contained
therein, ect to the execution of and furnishing of all contract
documents, bonds, certificates of insurance, and all other documents
specified and required to be executed and furnished under the contract
r documents. It will be necessary for you to execute and furnish to the City
of Lubbock all such documents within ten (10) days from your receipt of
this Notice.
r" The five percent (5%) bid security, submitted with your proposal, will
ll be returned upon the execution of such contract documents and bonds within
the above specified ten (10) day period. In the event you should fail to
execute and furnish such contract documents and bonds within the time limit
specified, said bid security will be retained by the City of Lubbock.
�.., CITY OF LUBBOCK
Owner's Representative