HomeMy WebLinkAboutResolution - 1001 - Contract - Ranger Co - Signal Conduit & Foundations, Slide Rd & 73Rd St - 12_17_1981RESOLUTION 1001, 12/17/81
(Bad #6577 - Ord. 8271/8203)
JWF:da Resolution No. 1001
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 with Ranger Construction of Lubbock, Texas, Inc., for installation
of signal.conduit and foundations, which is attached herewith which
shall be spread upon the minutes of the Council and as spread upon the
minutes of this Council shall constitute and be a part of this Resolution
as if fully copied herein in detail.
Passed by the City Council this 17th day of December, 1981.
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BILL MCALISTER, MAYOR
_ATTEST:
E elyn Ga fga, City S cr t -Treasurer
APPROVED AS TO CONTENT:
Bill McDaniel, Traffic Engineering Director
APPROVED AS TO FORM:
0 J&M4kA�
gtno
J. Wo t Fullingim, Assistant City Wtorney
RESOLUTION 1001 - 12/17/81 I
....-Bid #6577 (Ord. 8271/amends 8203) .�.
(TN re`FTAPY-TREASURER
SIGNALIZATION
of
73rd STREET
and
SLIDE ROAD
o
"A City Of
lNMI, l)M'
1 Slid.
Lubbock, Texas
CITY OF LUBBOCK
GENERAL REVENUE SHARING PROGRAM
SPECIFICATIONS
for, ,
TITLE INSTALLATION OF SIG' MIDUIT AND FOUNDATION
ADDRESS SLIDE ROAD AND 73RD STREET
GRS WO: 92- 4038 - 44535 - 134171
PREPARED BY:
DEPARTMENT—TgArFTr E21GjNEFp-TNG AND DESIGN
:::FOR
I N D E X
1.
NOTICE TO BIDDERS
:
Z.
GENERAL INSTRUCTIONS TO BIDDERS
' r
3.
BID PROPOSAL - BID FOR LM2 SUM CONTRACTS
4.
PAYMENT BOND
'
5.
PERFORMANCE BOND
6.
CERTIFICATE OF INSURANCE
C.;
7.
CONTRACT
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8.
GENERAL CONDITIONS OF THE AGREEI ENT
9.
SPECIFICATIONS & DRAWINGS AS ATTACHED
10.
SPECIAL CONDITIONS AS ATTACHED
ADVERTISDIENT FOR BIDS
Sealed proposals addressed to Floyd P. Nesbitt, Director of Purchasing,
City of Lubbock, Texas, will be received at the office of the Director of Pur-
chasing, 916 Texas Avenue, Lubbock, Texas, until 4:00 o`clock P.. M.
on the '1st day of December 1981 , to furnish
all labor and materials and perform all work for the construction of the
following described project:
Installation of underground conduit, pull boxes, valve boxes, pull wire and 4
traffic signal mast asm.concrete foundations as per specifications and
drawings.
After the expiration of the time and date above first written said sealed
proposals will be opened by the Director of Purchasing at his office and
publicly read aloud.
The plans, specifications, proposal forms and contract documents may be
examined at the office of the Director of -Purchasing for the City of Lubbock,
Texas.
The above described project will be paid for in part or in whole from the -
General Revenue Sharing program and the contract for this project must comply
with the provisions of the Davis -Bacon Act which requires the payment 'of
-federal minimum wages.
CITY OF LUBBOCK
BY:
Floyd P. I•iesbitt,
Director of Purchasing
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NOTICE TO BIDDERS.
Sealed proposals addressed to Floyd P. 'Nesbitt, Director of Purchasing, City
of Lubbock, Texas, will be received at the office of the Director of Purchasing,
916 Texas Avenue, Lubbock, Texas, until 4:00 o'clock p .m. on the ist
day of nPrPmhPr , 19$]`, to furnish all labor and materials and
perform all work for the construction of the following described project:
Installation of underground conduit, pull boxes, valve boxes, pull wire and 4
traffic signal mast arm concrete foundations as per specifications and
drawings.
After the expiration of the time and date above first written said sealed pro-
posals will be opened by the Director of Purchasing at his office and publicly
read aloud.
It is the sole responsibility of the bidder to insure that his bid is actually
in the office of Floyd P. lNIesbitt, Director of Purchasing for the City of
Lubbock, prior to the expiration of the date above first written.
The City Council will consider -the bids on the �(^ day of December ,
19_1, at City Hall Lubbock, Texas, or as soon thereafter as may be reasonably
convenient, subject *to the right to reject any or all bids and waive any for-
malities. The successful bidder will be required to furnish a performance
bond. and payment bond -in accordance with. Article 5160, Vernon's Ann. Civ.St.
,
in the amount of .100% of the total contract price in the event that said
contract price exceeds $25,000.00. If the contract price does not exceed
$25,000.00 the said statutory bonds will not be required.
Bidders are required to submit a cashier's or certified check issued by a bank
satisfactory to the City of Lubbock, or a proposal bond from a reliable surety
company, payable without recourse to the order of the City of Lubbock in an
amount not less than 5% of the total amount of the bid submitted as a guarantee
that bidder will enter into a contract and execute all necessary bonds (if
required) within 10 days after notice of award of the contract to him.
It shall be each bidders sole responsibility to inspect the site of the work
and to inform himself regarding all local conditions under which the work is
to be done. It shall be understood and agreed that all such factors have been
thoroughly investigated and considered in the preparation of the bid submitted.
The plans, specifications, proposal forms and contract documents may be ex-
amined at the office of the Director of Purchasing for the City of Lubbock,
Texas.
The above described project will be paid for in part or in Vhole from the
General Revenue Sharing program and the contract for this project must comply
with the provisions of the Davis -Bacon Act c:hich requires the payment of
federal minimum wages.
City of Lubbock
BY:
Floyd P. Nesbitt,
Director of Purchasing
t
GENERAL INSTRUCTIONS TO BIDDERS
1. SCOPE OF WORK
The work to be done under the contract documents shall consist of the
following:
Installation of underground conduit, pull boxes, valve boxes, pull wire and 4
traffic signal' mast arm concrete foundations as per specifications and
drawings.
The contractor shall furnish all labor, superintendence, machinery,
equipment and all materials necessary to complete this project in accor-
dance with contract documents.
2. CONTRACT DOCUMENTS
All work covered by this contract shall be done in accordance with con-
tract documents described in the General Conditions.
All bidders shall be thoroughly familiar with all of the requirements set
forth on the contract documents for the construction of this project and
shall be responsible for the satisfactory completion of all work contemplated
by said contract documents:
3. PLANS FOR USE BY BIDDERS
It is the intent of the City of Lubbock that all parties with an interest
in submitting a bid on the project covered by the contract documents be
given a reasonable opportunity to examine the. documents and prepare a bid
without charge or forfeiture of deposit. The contract documents, may be
examined without charge as noted in the Notice to Bidders.
4. MIE AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed
within'614 calendar days from the date specified in the :notice to Proceed
issued by the City of Lubbock to the successful bidder.
The Contractor will be permitted to prosecute the work in the order of
his own choosing, provided however, the City reserves the right to require
the Contractor to submit a progress schedule of the work contemplated by
the contract documents. In the event the City requires a progress schedule
to be submitted and it is determined by the City that the progress of the
work is not in accordance with the progress schedule so submitted, the
City may direct the Contractor to take such action as the City deems
necessary to insure completion of the project within the time specified.
5. PAYHENT
All payments due to Contractor shall be made in accordance with the
provisions of the General Conditions of the contract documents.
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6; , AFFIDAVITS OF BILLS PAID
~ The City of Lubbock reserves the right, prior to final acceptance of this
project to require the Contractor to execute an affidavit that all bills
for labor, materials and incidentals incurred in the construction of the
improvements contemplated by the contract documents have been paid in
full and that there are no claims pending, of which the Contractor has
been notified.
7. MATERIALS kND WORMANSHIP
The intent of these contract documents is that only materials and
work-manship 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 incor-
porated 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 of complying with this provision. The specifications for
materials and methods set forth in the contract documents provide minimum
standards of quality which the 0--naer believes necessary to procure a
satisfactory project."
8. GUARANTEES
All equipment and materials incorporated in the project and all construc-
tion shall be guaranteed against defective materials and workmanship.
,--�, Prior to final acceptance, the Contractor shall furnish to the Owner, a
E written general guarantee which shall provide that the Contractor shall
l
remedy any defects in the work, and pay for any and all damages of any
nature whatsoever resulting in such defects, when such defects appear
within one year from date of final acceptance of the work as a result of
defective materials or workmanship, at no -cost to the Owner (City of
Lubbock).
4. PLANS FOR THE CONTRACTOR
The Contractor will be furnished 2 sets of drawings, specifications,
and related contract documents for his use during construction. Plans
and specifications for use during construction will only be furnished
directly to the Contractor. The Contractor shall then distribute copies
of plans and specifications to suppliers, subcontractors, or others, as
required for proper prosecution of the work contemplated by the Contractor.
10. PROTECTION OF THE WORK
}., The Contractor shall be responsible for the care, preservation, conser-
vation, and _protection of all materials, supplies, machinery, equipment,
tools, apparatus, accessories, facilities, and all means of construction,
and any and all parts of the work, whether the Contractor has been paid,
partially paid, or not paid for such work, until the date the City issues
its certificate of completion to Contractor. The City reserves the
right, after the bids have been opened and before the contract has been
"�' awarded, to require of a bidder the following information:
rf+
(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 mounts and percentage completed.
:;..
(b) A sworn statement of the current financial condition of the bidder.
(c) Equipment schedule.
11. TEXAS STATE SALES TAX
This contract is issued by an organization which qualifies for exemption
provisions pursuant to provisions of Article 20.04 of the Texas Limited
AIM 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.
12. PROTECTION OF SUBSURFACE LINES AND STRUCTURES
It shall be the Contractor's responsibility to prosecute the work con-
templated 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 structure's which might or could be damaged
by Contractor during the construction of the project contemplated by
+� these contract documents. The City of Lubbock agrees that it will fur-
nish Contractor the location of all such underground lines and utilities
of which it has knowledge. However, such fact shall not relieve the
Contractor of his responsibilities aforementioned. All such underground
lines or structures cut or damaged by Contractor during the prosecution
of the work contemplated by this contract shall be repaired iamediately
by Contractor to the satisfaction of the City of Lubbock, Texas, at
Contractor's expense.
13. BARRICADES AND SAFETY MEASURES
The Contractor shall, at his own expense, furnish and erect such barri-
cades, fences, lights, and danger signals, and shall rake such other
precautionary measures for the protection of persons, property and the
work as may be necessary.
The Contractor will be held responsible for all damage to the work due to
failure of barricades., signs, and lights to protect it, and when damage
is. incurred, the damaged portion shall be immediately removed and replaced
::•■ by Contractor at his own cost and expense. The Contractor's responsibility
for maintenance of barricades, signs, and lights shall not cease until
the date of issuance to Contractor of City's certificate of acceptance of
.., the project.
14. EXPLOSIVES
.� The use of explosives will not be permitted unless written permission to
do so is obtained by the Contractor from the City. In all cases where
written permission is obtained for the use of explosives, the Contractor
shall assume full responsibility for all damage which may occur as a
direct or indirect result of the blasting. In addition in all cases
where explosives are authorized to be used, the Contractor shall use
lI
utmost care so as not to endanger life or property and the Contractor
shall further use only such methods as are currently utilized by
'm persons, firms, or corporations engaged in similar type of construction
activity.
Explosive. materials shall not be stored or kept at the construction site
by the Contractor.
In all cases where explosives are to be used during the construction of
the project contemplated by this contract, it shall be the duty of the
Contractor to notify each utility company having structures (above or
below the ground) in proximity to the site of the work of Contractor's
intention to use explosives, and such notice shall be given sufficiently
in advance to enable the companies to take such steps as they may deem
necessary to protect their property from injury. Such notice however,
shall not relieve the Contractor of responsibility for any damage resulting
from his blasting operations.
15. CONTRACTOR'S REPRESENTATIVE
The successful bidder shall be required to have a responsible local
representative available at all times while the work is in progress under
this contract. The successful bidder shall be required to furnish the
name, address and telephone number where such local representative may be
reached during' the time that the work contemplated by this contract is in
progress.
16. INSURANCE
The Contractor shall not commence work under this contract until he has
obtained all insurance as required in the General Conditions of the con—
tract documents, from an underwriter authorized to do business in the
State of Texas and satisfactory to the City. Proof of coverage shall be
furnished to the City and written notice of cancellation or any material
' change will be provided ten (10) days in advance of cancellation or
change. A11 policies shall contain an agreement on the part of the
insurer waiving the right to subrogation.
The insurance certificates furnished shall name the Ciry as an additional
insured and shall further state that all subcontractors are named as
additional insureds, or in the alternative shall be accompanied by a
statement from the Contractor to the effect that no work on this particular
project shall be subcontracted.
17. PROVISIONS CONCERNING ESCALATOR CLAUSES
Proposals submitted containing any conditions which provide for changes
in the stated bid price due to increases or decreases in the cost of
materials, labor or other items required for the project will be rejected
and returned to the bidder without being considered.
18. PREPARATION OR PROPOSAL
7 The bidder shall submit his proposal on forms furnished by the City. All
blank spaces in the form shall be correctly filled in and the bidder
shall state.the price both in words and numerals, for which he proposes
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to do the work contemplated or furnish the materials required. Such
prices shall be written in ink, distinctly and legibly, or typewritten.
In case of discrepancy between the price written in words and the price
written in figures, the price written in words shall govern. If the
proposal is submitted by an individual, his name must be signed by him or
his duly authorized agent. If a proposal is submitted by a firm, associa-
tion, or'partnership, the name and address of each member must be given
and the proposal signed by a member of the firm, association or partnership,
or person duly authorized. If the proposal is submitted by a company or
corporation, the company or corporate name and business address must be
given, and the proposal signed by an official or duly authorized agent.
Powers of attorney authorizing agents or others to sign proposals must be
properly certified and must be in writing and submitted with the proposal.
The proposal shall be executed in ink.
Each proposal shall be enclosed in a sealed envelope, addressed as speci-
fied in the Notice to Bidders, and endorsed on the outside of the envelope
in the following manner:
(a) Bidder's name,
(b) Proposal for (description of the project).
Bid proposals may be withdrawn and resubmitted at any time prior to the
time set for opening of the bids, but no proposal may be withdrawn or
altered thereafter.
19. BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder
shall be bound and include the following:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidder's Proposal.
(d) Statutory Bond (if required) .
(a) Contract Agreement.
(f_) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(i) Insurance Certificates.
(j) All other documents made available to bidder for his inspection
in accordance with the Notice to Bidders.
if Plans and Specifications are too bulky or cumbersome to be physically
bound, they are to be considered incorporated by reference into the
aforementioned contract documents.
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BID PROPOSAL
BID FOR LUMP SUM'CONTRACTS
PLACE
DATE
PROJECT NO.92-4038-44535-134171
Proposal of' (hereinafter
called "Bidder")
To the Honorable Mayor and City Council
City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction
of a
�. 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 familar 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 re-
quired under the contract documents, of which this proposal is to be a part,
is as follows:
(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 O-aner
and to fully complete the project within fourteen (la) consecutive
calendar days thereafter as stipulated in the specifications and other contract
documents. Bidder hereby further agrees to pay to Owner as liquidated damages
^' the sum of $100.00 for each consecutive calendar day in
excess of the time set forth hereinabove for completion of this project, all
as more fully set forth in the general conditions of the contract documents.
Bidder understands and agrees that this bid proposal shall be completed
and submitted in accordance with instruction number 18 of the General Instruc-
tions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all
bids and to waive any formality in the bidding.
The bidder agrees that this bid shall be good and may not be withdrawn
for a period of thirty (30) calendar days after the scheduled closing time for
.- receiving bids.
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The undersigned Bidder hereby declares that he has visited the site of
the work and has carefully examined the plans, specifications, and contract
documents pertaining to the work covered by this bid, and he further agrees to
commence work on or before the date specified in the written notice to proceed,
and to substantially complete the work on which he has bid; as provided in the
contract documents.
Enclosed with this proposal is a Cashier's Check or Certified Check for
im Dollars ($ )
or a Proposal Bond in the sum of.
Dollars ($ ), which it is agreed shall be ,
collected and retained by the Owner as liquidated damages. in the event the
proposal is accepted by the Owner and the undersigned fails to execute the
necessary contract documents and the required bond (if any) with the Owner
within ten (10) days after the date of receipt of written notification of
acceptance of said proposal; other -vise said check or bond shall be returned to
the undersigned upon demand.
Bidder understands and agrees that the contract to be executed by Bidder
shall be bound and include all contract documents made available to him for
his inspection in accordance with the Notice to Bidders.
PON
(Seal if Bidder is a Corporation)
ATTEST:
:::-
Secretary
-..
Contractor
BY:
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The undersigned Bidder hereby declares that he has visited the site of
the work and has carefully examined the plans, specifications, and contract
documents pertaining to the work covered by this bid, and he further agrees to
commence work on or before the date specified in the written notice to proceed,
and to substantially complete the work on which he has bid; as provided in the
contract documents.
Enclosed with this proposal is a Cashier's Check or Certified Check for
Dollars ($ )
or a Proposal Bond in the sum of.
Dollars ($ ), which it is agreed shall be
collected and retained by the Owner as liquidated damages. in the event the
proposal is accepted by the Owner and the undersigned fails to execute the
necessary contract documents and the required bond (if any) with the Owner
within ten (10) days after the date of receipt of written notification of
acceptance of said proposal; otherwise said check or bond shall be returned to
the undersigned upon demand.
Bidder understands and agrees that the contract to be executed by Bidder
shall be bound and include all contract documents made available to him for
his inspection in accordance with the Notice to Bidders.
(Seal if Bidder is a Corporation)
ATTEST:
Secretary
PM
Contractor
BY:
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rcr in said co=trac_ to execl:te a boat iz the arc mt of said contract s:`nh
-r, contract ii h2 erE.^.Z' =BIEr_eC to 8:1d' .:cde a pz hereof as �1:11y �=d to the S£+:
extent as CC -'ec at length herein.
hC;;; i RZ?C.=. , T CO�.t=IQ:+' C� T4S 01LiG�=:Ti :S SO , that _f tie
so.d ?:-:Lnc pal will faithfully per=C = the work ! accc'dzac_ v-ith the plats
s?eci%ications and cone— act• doc=eats, then this obligation shell be void;
C_ae=; ise to re".'_n in ;.uil force and effect.
UJt:--=D, F.CZ��P., thzt this band is executes p•: sslxzat to the pror=sicYs
:r.
L
i-: _iC:e 5150 o! ':ie r.ev;-Sed Civil Sratuteso_= Texas as amen.ded by Acts
' th �e�:s:at•�rE, regular session 1959, -d all i i s '^ a., <b l:. a o� this
d she'll be in accordance t:it i • the --provisions Of said article
"G the Sa=C CY.t£'= as it it copied at lemgt7 be:eta.
tke said inCi7�cl�s� and SL're:y(s) have -_gnee
sCa� this s-rL'��'.t tidS Cad 0= lO
:pim
Lv:
L'^CErs_snec sure:v cc= zny ie�resents that _t _S Guiv CU-21 leC LO
s::.ess _'. _'exas, and he:E"ti aesi-notes
- -r
an
i:=:_-_:C .',C:iceS ma% Ze 'CE:and on : hom se-t'1ce C: L-7C£ss :..ate' De had
�u r e:�,
roved as to
C- Wit` --DOCK
(Title)
Nate: lc signed by am Officer Of the Surety Co =panes' there =jst be on file a
°_ tined extract =ro= the by -la -Ps sho::i:,g that this person has aut"ho- ity to
SUC.. Obligation. If signed by an Azt-orney in Fact, we LJ`Jst have copy Ori
Fer for= a. ce Bond.- ?age 2
'••:PM
C .RTIFIC,iE OF IISURSN-Cr
CITY OF LUBBOCK DATA:
T�•eof
Lubbock, Texas �'roject:Installation of signal
-r- conduit and faandation.
-• :":1S 1S TO CERTIFY T:L4T
' (-rare and Address of Insured)
at E Catc O: this Ce� ti�icatE, insL're� b;= t4.is COS+purl' i+ith respect to the
i - � . in c r-
_.:c 2=c rrE_�e cast_ SEC, �OZ the types Of i..SLranGE �2'ad - a�Z�
ce __.. the prov::.6 s o_ the standard policies used b;- ti::s Ccnpar:•', GaZ =urthe=
described. =xceptiors to standard policy noted herecn.
T"-,,?r- OF INSLR.LKCZ
Pol_c"= No. Effective a:rires Li=its of Liab_lity
Cc -^rasa _ion
_ —er's - rotec- Per Person S
-vE or Contingent Per Occurence $
-
_ ability Property Damage $
ntractor's.Protec- 'rer Person $
twe o. Contingent Per Occurence S
-ability Property Damage $
Ltomobile - Per Person $
Per Occurence $
Property Dar.age $
e foregoing Policies (do) (do not) cover all. sub -contractors.
I. -cations Covered:
.:705CP.IFTION of Operatices Covered
above policies either in the body thereof or by appropriate endorse-nent provide
' at they :may not be changed or cancelled by the insurer in less than the legal time.
=eeuired after the insured ha's received written notice of such change or cancellation,
..:r- in case there is no legal requirement, in less than five days in advance of cancel -
:ion.
_ COPI=S Or ,ilS C=RTIFICATE
7-.. SEST TO 7 .E O NIZER.
7.1 :
(Jame of Insurer)
By.
Title
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
r• THIS AGREEMENT; made and entered into this 17 day of December
A.D. 1981, by and between the City of Lubbock, County of Lubbock, State of
Texas, acting by and through Bill McAlister Mayor, thereunto
authorized to do so, hereinafter referred to as OWNER, and
RANGER CONSTRUCTION INC. OF LUBBOCK, TRUMAN ELLIS, PRESIDENT
r
of the City of LUBBOCK County of LUBBOCK ,
r•
and State of TEXAS hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
-hereinafter mentioned, to be.made and performed by the OWNER and under the
conditions expressed in the bond bearing even date herewith (if any) the CON-
TRACTOR hereby agrees with OWNER to commence and complete the construction of
certain. -improvements described as follows:
Installation of underground conduit, pull boxes, valve boxes, pull wire,
r and traffic signal mast arm concrete foundations as per specifications
and drawings.
'^ and all extra work in connection therewith, under the terms as stated in the
contract documents and at his (or their) own proper cost and expense to furnish
all materials, supplies, machinery, equipment, tools, superintendence, labor,
insurance and other accessories and services necessary to complete the said
construction in accordance with the contract documents as defined in the
General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the
date written notice to do so shall have been given to him and to substantially
complete the same within'14' days.
For and in consideration of the aforementioned, Owner hereby agrees to
pay to the Contractor the sum of $7,835,37 . The OWNER
agrees to pay the CONTRACTOR in current funds for the performance of the
contract in accordance with theproposal submitted therefor, subject to
additions and deductions, as provided in the contract documents and to rake
payment on account thereof as provided therein.
7q
11; WMESS WHEREOF, the parties to these presents have executed this
contract in six (6) counterparts, each of which shall be deemed an original,
in the year and day first above mentioned.
k. CITY OF.LUBBOCK, TEXAS
ATTEST:
City Seci�etary'-Tre—/
APPROVED AS TO CONTENT:
Uii QBe t ram, Director of Planning
APP.0 D AS TO FORM:
Asst. City Attorney
ATTEST:
PM
CONTRACTOR
I: mm
.&4
FWWAKE =2M 6M UIFJP-Pdkq
C011PLETE ADDRESS:
r
GENERAL CONDITIONS OF THE AGRELMENT
r• 1. OWNER
Whenever the word Owner, or the expression Party of the First Part, or
First Party, are used in this contract, it shall be understood as referring to.
the City of Lubbock, Texas.
2. CONTRACTOR '
Whenever the word Contractor, or the expression Party of the Second Part,
or Second Party, is used, it shall be understood to mean the person, persons,
co -partnership or corporation, to -wit:
, who has agreed to perform
this contract, or to his or their legal representative.
3. OWNER'S REPRESENTATIVE
the work embraced in
Whenever the word Owner's Representative or representative is used.in
this contract, it shall be understood as referring to Bill McDaniel and/or
Claud Carlton Jr. Traffic Engr. & Design, City Hall, Lubbock, Texas, under
whose supervision these contract documents, including the plans and specif-
ications, were prepared, and w'howill inspect constructions; or to such other
representative, supervisor, or inspector as may be authorized by said Dr*mer to
act in any particular under this agreement. Engineers, supervisor or inspectors
kill act for the Owner under the direction of 0,.mer's Representative, but
shall not directly supervise the Contractor or men acting in behalf of the
�•. Contractor.
4. CONTRACT DOCUMENTS
The contract documents shall consist of the Notice to Bidders, General
Instructions to Bidders, Proposal, Signed Agreement, Statutory Bonds (if re-.
ouired), General Conditions of the Agreement, Special Conditions of the Agree-
ment (if any), Specifications, Plans, Insurance Certificate, and all other
° documents made available to Bidder for his inspection in accordance with the
Notice to Bidders.
5. INTERPRETATION O PHRASES
Whenever the words "Directed," "Permitted," "Designated," "Required,"
"Considered Necessary," "Prescribed," or words of like import are used, it
shall be understood that the direction, requirement, permission, order, designa-
tion or prescription of the Owner's Representative is intended; and similarly,
the words "Approved," "Acceptable," "Satisfactory," or words of like import
shall mean approved by or acceptable or satisfactory to the Owner's Representa-
tive.
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 specifi-
cally and clearly described and specified, but are necessarily described in
general terr..s, the fulfillment of which must depend on individual judgment,
:r then, in all such cases, any question of the fulfillment of said Specifications
shall be decided by the Owner's Representative, and said work shall be done in
accordance with his interpretations of the meaning of the words, terms, or
clauses defining the character of the work.
6. SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only those having a
direct contract with; the Contractor for performance of work on the project
contemplated by these contract documents. Owner shall have no responsibility
to any Subcontractor employed by Contractor for performance of work on the
project contemplated by these contract documents, but said Subcontractors •*ill
look exclusively to Contractor for any payments due Subcontractor.
7. WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in
person to the individual or to a member of the firm or to an officer of the
corporation for whom it is intended, or if delivered at or sent certified mail
to the last business address known to him who gives the notice.
B. WORK
Unless otherwise stipulated, the Contractor -shall provide and pay for all
materials, supplies, machinery, equipment, tools, superintendence, labor,
insurance, and all water, light, power, fuel, transportation and all other
facilities necessary for the execution and completion of the work covered by
the contract documents. Unless otherwise specified, all materials shall be
;:. new and both workmanship and materials shall be of a good quality. The Con—
tractor shall, if required, furnish satisfactory evidence as to the kind and
quality of materials. Katerials or work described 'in words which so applied
-- have well known, technical or trade meaning shall be held to refer such recog—
nized standards.
All work shall be done and all materials furnished in strict conformity
- with the contract documents.
9. SUBSTANTIALLY CO*TLETED
The term "Substantially Completed" is mea
contemplated by the contract documents has bee
occupancy or the facility is in a condition to
still may require minor miscellaneous work and
10. LAYOUT OF WORK
t that the structure or project
made suitable for use or
serve its intended purpose, but
adjustment.
Except as specifically provided herein, the Contractor shall be responsible
,., for laying out all work and shall accomplish this work in a manner acceptable
to the Owner's Representative. The Owner's Representative will check the
Contractor's layout of all major structures and any other layout work done by
r the Contractor' at Contractor's request, but this check does not relieve the
Contractor of the responsibility of correctly locating all work in accordance
with the Plans and Specifications.
.a .
11. KEEPING OF FLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished with 2 copies of all Plans, Pro-
files and Specifications without expense to him and he shall keep one copy of
same consistently accessible on the job site.
12. RIGHT OF ENTRY
The Owner's Representative may make periodic visits to the site to observe
the progress and quality of the executed work and to .determine, in general, if
the work is proceeding in accordance with the contract documents. Be will not
be required'to make exhaustive or continuous on -site inspections to check the
quality or quantity of the work, nor will he be responsible for the construc-
tion means, methods, techniques, sequences or procedures, or the safety precautions
incident thereto. His efforts will be directed towards providing assurances
for the Owner that the completed project will conform to the requirements of
the contract documents, but he will not be responsible for the Contractor's
failure to perform the work in accordance with the Contract Documents. On the
basis of his on -site observations, he will keep the 0-.Tner informed of the pro-
gress of the work and will endeavor to guard the Owner against defects and
deficiencies in the work of the Contractor.
13. LINES A TD GRADES
A.11 lines and grades shall be furnished by the Owner's Representative
whenever necessary for the commencement of the work contemplated by these
contract documents or the completion of the work contemplated by these contract
documents. Whenever necessary, Contractor shall suspend his work in order to
permit Owner's Representative to comply with this requirement, but such suspension
will.be as brief as practical and Contractor shall be allowed no extra compensation
therefore. The Contractor shall give the Owner's Representative ample notice
of the time and place where lines and grades will be needed. All stakes,
marks, etc., shall be carefully preserved by the Contractor, and in case of
careless destruction or removal by him, his Subcontractors, or his employees,
such stakes, marks, etc., shall be replaced by, the Owner's Representative at
Contractor's expense.
14. OWNTER'S REPRESENTATIVE'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to
this Agreement that the Owner's Representative shall review all work included
'- herein. He has the authority to stop the work whenever such stoppage may be
necessary to insure the proper execution of the contract. In order to permit
delays and disputes and to discourage litigation, it is further agreed that
W. the Owner's Representative shall, in all cases, determine the amounts and
quantities of the several kinds of work which are to be paid for under this
contract. He shall determine all questions in relation to said work and the
:;.., construction thereof, and shall, in all cases, decide ever} question which may
arise relative to the execution of this contract on the part of said Contractor.
The N-ner's Representative's estimates and findings shall be conditions pre-
cedent to the right of the parties hereto to arbitration or to any action on
the contract, and to any rights of the Contractor to receive any money under
this contract; provided, however, that should Owner's Representative render
any decision or give any direction, which in the opinion of either party
hereto, is not in accordance with the meaning and intent of this contract,
:r a
either party may file with said Owner's Representative within 30 days his
written objection to the decision or direction so rendered, and by such action
Way'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 direction
of the Owner's Representative as rendered shall be promptly carried out, and
any claim arising therefrom shall be thereafter adjusted to arbitration as
hereinafter provided.
The Owner's Representative shall, within a reasonable time, render and
deliver to both the Owner and the Contractor a written decision on all claims
of the parties hereto and on all questions which may arise relative to the
';. execution of the work or the interpretation of the contract, specifications
and plans. Should the Owner's Representative fail to make such decision
within a reasonable time, an appeal to arbitration may be taken as if his
decision had been rendered against the party appealing.
13. SUP ERI�'TENDENC£ AND INSPECTION
It is agreed by the Contractor that the Owner's Representative shall be
and is hereby authorized to appoint from time to time such subordinate engineers,
supervisors, or inspectors as the said Own'er's Representative may deem proper
to inspect the materials furnished and the work done under this Agreement, and
to see that said material is furnished and said work is done in accordance
with the specifications 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 The Contractor
shall regard and obey the directions and instructions of any subordinate
engineers, supervisors or inspectors so appointed, when such directions and
instructions are consistent with the obligations of this Agreement and accompanying
plans and specifications, provided, however, should the Contractor object to
any orders by any subordinate engineer, supervisor or inspector, the Contractor
may within six (6) days make written appeal to the Owner's Representative for
his decision.
16. CONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful prosecution
and completion of this contract and shall keep on the work,' during its progress,
a competent superintendent and any necessary assistants, all satisfactory to
Owner's Representative. The superintendent shall represent the Contractor in
his absence and all directions given to him shall be binding as if given to
the Contractor. Adequate supervision by competent and reasonable representa—
tives 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 exclu—
sive charge and control of the Contractor and all risk in connection therewith
shall be borne by the Contractor.
The Owner or Owner's Representatives will not be responsible for the acts
or omissions of the Contractor, or any subcontractors, or any of his agents or
employees, or any other persons performing any of the work.
.rr
17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examina—
tion, satisfied himself as to the nature and location of the work, the confir—
mation of the ground, the character, quality and quantity of materials to be
encountered, the character of equipment and facilities needed preliminary to,
and during the prosecution of the work, and the general and local conditions,
and all other matters which in any way effect the work under this contract.
No verbal agreement or conversation with any officer, agent, or employee of
the Owner, either before or after the execution of this contract, shall effect
or modify any of the terms or obligations herein contained.
18. CHARACTER OF WORKHEN
The Contractor agrees to employ only orderly and competent men, skillful
in the performance in the type of work required under this contract, to do the
work; and agrees that whenever the Owner's Representative shall inform him in
writing that any man or men on the work, are, in his opinion, incompetent, un—
faithful, or disorderly, such man or men shall be discharged from the work and
shall not again be employed on the work without the Owner's Representative's
written consent.
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and
materials necessary in the prosecution and completion of this contract where
k it is not otherwise specifically provided that Owner shall furnish same, and
_ it is also understood that Owner shall not be held responsible for the care,
preservation, conservation, or protection of any materials, tools, equipment
or machinery or any part of the work until it is finally completed and accepted.
:• The building of structures for the housing of men or equipment will be
permitted only at such places as the Owner's Representative shall direct, and
the sanitary conditions of the grounds in or about such structure shall at all
times be maintained in a manner satisfactory to the Owner's Representative.
20. SANITATION
Necessary sanitary conveniences for the use of laborers on the work site,
properly secluded from public observation, shall be constructed and maintained
by the Contractor in such manner and at such points at shall be approved by
.` the Owner's Representative and their use shall be strictly enforced.
21. OBSERVATION AND TESTING
The Owner or Owner's Representative shall have the right at all reasonable
times to observe and test the work. Contractor shall make necessary arrangements
and provide proper facilities and access for such observation and testing at
any location wherever work is in preparation or progress. Contractor shall
ascertain the scope of any observation which may be contemplated by Owner or
Owner's Representative and shall give ample notice as to the time each part of
the work will be ready for such observation. Owner or N-ner's Representative
may reject any work found to be defective or not in accordance with the con—
tract documents, regardless of the stage of its completion or the time or
place of discovery of"such errors, and regardless of whether Owner's Observer
.has -previously accepted the work through oversight or otherwise. If any work
should be covered without approval or consent of the Owner, it must, if requested
by Owner or O-ner's Representative be uncovered for examination at Contractor's -
expense. In the event that any part of the work is being fabricated or manu-
factured at a location where it is not convenient for Owner or Owner's Representa-
tive go make observations of such work or require testing of said work, then
in such event Owner or Owner's Representative may require Contractor to fur-
nish Owner or Owner's Representative certificates of inspection, testing or
approval made by persons competent to perform such tasks at the location where
that part of the work is being manufactured or fabricated. All such tests
will be in accordance with the methods prescribed by the American Society for
Testing and Materials or such other applicable organization as may be required
•• by law or the contract documents.
If any work which is required to be inspected, tested, or approved, is
covered up without written approval or consent of the Owner or Owner's Repre-
sentative, it must, if requested by the Owner or Owner's Representative, be
uncovered for observation and testing at -the Contractor's expense. The cost
of all such inspections, tests, and approvals shall be borne by the Contractor
unless otherwise provided herein. Any work which fails to meet the requirements
' a, 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
4 shall be corrected at the Contractor's expense.
�- Neither observations by the Owner or Owner's Representative, nor inspec-
tions, tests, or approvals made by Nmer, Owner's Representative, or other
persons authorized under this agreement to make such inspections, tests, or
=r• approvals, shall relieve the Contractor from his obligation to perform the
work in accordance with the requirements of the contract documents.
22. DEFECTS AND THEIR Rt2-MDIES
It is further agreed that if the work or any part thereof, or any material
brought on the site of the work for use in the work or selected for the same,
shall be deemed by the Owner or Owner's Representative 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,
forthwith remove such material and rebuild or otherwise remedy such work so
that it shall be in full accordance with this contract. It is further agreed
that any remedial action contemplated as hereinabove set forth shall be at
Contractor's expense.
23. CN4NGES ANT ALTERATIONS
The Contractor further agrees that the Owner may make such changes and
alterations as the Owner may see fit, in the line, grade, forrs, dimensions,
plans or materials for the work herein contemplated, or any part thereof,
r
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 antici-
pated 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 in-
curred in preparation for the work as originally planned.
24. EXTRA WORK
.. The term "extra work" as used in this contract shall be understood to
mean and include all work that may be required by the Owner or Owner's Repre-
sentative to be done by the Contractor to accomplish any change, alteration or
addition to the work as shown on the plans and specifications or contract
documents and not covered by Contractor's proposal, except as provided under
Changes and Alterations herein.
It is agreed that the Contractor shall perform all extra work under the
direction of the Owner's Representative when presented with a written work
order signed by the Owner's Representative, subject, however, to the right of
the Contractor to require written confirmation of such -extra work order by the
Owner. It is also agreed that the compensation to be paid to the Contractor
for performing said extra work shall be determined by one or more of the
following methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
Method (C) - If neither Method (A) or Method (B) be agreed upon before
the extra work is commenced, then.the Contractor shall
be paid the actual field cost of the work, plus fifteen
per cent.
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, time-
keepers, mechanics and laborers, 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 Lia-
bility and Property Damage and Workmen's Compensation and -all other insurances
as.may be required by law or ordinances or directed by the Owner or Owner's
Representative, or by them agreed to. Owner's Representative may direct the
form in which accounts of the actual field cost shall be kept and records of
these accounts shall be made available to the Owner's Representative. The
O-..-ner's Representative may also specify in writing, before the work commences,
the method of doing the, Work and the type and kind of machinery and ecuipmen.t
.to be used; otherwise, these matters shall be determined by the Contractor.
Unless otherwise agreed upon, the prices for the use of machinery and equip-
ment shall be determined by using 100%, unless otherwise specified, of the
latest Schedule of Equipment and Ownership Expenses adopted by the Associated
General Contractors of America. Where practical, the terms and prices for the
use of machinery and equipment shall be incorporated in the written extra work
order. The fifteen per cent (15%') of the actual field cost to be paid to
Contractor shall cover and compensate him for his profit, overhead, general
superintendence, and field office expense, and all other elements of cost and
expense not embraced within the actual field cost as herein defined, save that
where the Contractor's Camp or Field Office must be maintained primarily on
account of such Extra Work, then the cost to maintain and operate the same
shall be included in the "actual field cost."
No claim for extra work of any kind will be allowed unless ordered in
writing by the O-wner's Representative. In case any orders or instructions
appear to the Contractor to involve extra work for which he should receive
compensation or an adjustment in the construction time, he shall make written
request to the Owner's Representative fora 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 Repre-
sentative insists upon its performance, the Contractor shall proceed with the
work after making written request for written order and shall keep adequate
and accurate account of the actual field cost thereof, as provided under
Method (C). The Contractor will thereby preserve the right to submit the
matter of payment to arbitration as herein below provided.
23. 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 docu-
ments, is to be done for the prices quoted by the Contractor and that such
price shall include all appurtenances necessary to complete the work in ac-
cordance with the intent of these contract documents as interpreted by Owner's
Representative. If the Contractor finds any discrepancies or omissions in
these plans, specifications, or contract documents, he should notify the
Ouner's Representative and obtain a clarification before the bids are received,
and if no such request is received by the Owner's Representative prior to the
-'" opening of bids, then it shall be considered that the Contractor fully under-
stands the work to be included and has provided sufficient sums in his pro-
posal to complete the work in accordance vith these plans and specifications.
It is further understood that any request for clarification must be submitted
no later than five days prior to the opening of bids.
26. . RIGHT OF OWNER TO MODIFY TfETHODS _AND EQUIPMENT
If at any time the methods or equipment used by the Contractor are found
to be inadeauate to secure the quality of work with the rate of progress re-
quired under this contract, the Owner or U,ner's Representative may order the
Contractor in writing to increase their safety or improve their character and
_4 efficiency and the Contractor shall comply with such order.
If, at any time, the working force of the Contractor is inadequate for
=^ securing the progress herein specified, the Contractor shall, if so ordered in
=' writing, increase his force or equipment, or both, to such an extent as to
give reasonable assurance of compliance with the schedule of progress.
27. PROTECTION AGAINST ACCIDENT TO DEFLOYEES k%M THE PUBLIC
• The Contractor shall take out and procure a policy or policies of Work—
men s Compensation Insurance with an insurance company licensed to transact
4: business in the State of Texas, which policy shall comply with the Workmen's
Compensation laws of the State of Texas. The Contractor shall at all times
' exercise reasonable precaution for the safety of employees and others on or
near the work and shall comply with all applicable provisions of federal,
state and municipal laws and building and construction codes. All machinery
=:r and equipment and other physical hazards shall be guarded in accordance with
the "1 anual of Accident Prevention in Construction" of Associated General
Contractors of America, except where incompatible with federal, state or
r. municipal laws or regulations. The Contractor, his sureties and insurance
carriers shall defend, indemnify and save harmless the Owner and all of its
officers, agents and employees from all suits, actions, or claims of any
character whatsoever, brought for or on account of any injuries or damages
received or sustained by any person or persons or property, on account of any
negligent actor fault of the Contractor or any subcontractor, their agents or
employees, in the execution and supervision of said contract, and the project
T' which is the subject matter of this contract, on account of the failure of
Contractor or any subcontractor to provide necessary barricades, warning
lights, or signs, and will be required to pay any judgment with costs which
-'" may be obtained against the Owner or any of its officers, agents, or employees
including attorney's fees.
The safety precautions taken shall be the sole responsibility of the
Contractor, in his sole discretion as an Independent Contractor; inclusion of
this paragraph in the Agreement, as well as any notice which may be given by
the Owner, the Owner's Representative concerning omissions under this paragraph
as the work progresses, are intended as reminders to the Contractor of his
duty and. shall not be construed as any assumption of duty to supervise safety
precautions by either the Contractor or any of his subcontractors.
28. CONTRACTOR'S INSURANCE
The Contractor shall procure and carry at his sole cost and expense
throughout the life of this contract, insurance protection as hereinafter
specified. Such insurance shall be carried with an insurance company licensed
to transact business in the State of Texas and shall cover all operations in
connection with this contract, whether performed by the Contractor or a sub—
contractor, or separate policies shall be provided covering the operation of
each subcontractor.
(A) Workmen's Compensation and Employer's Liability Insurance
As required by State statute covering all employees employed on a
work whether employed by the Contractor or any Subcontractor on the job.
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(B) o,mer's Protective or Contingent Public Liability Insurance end
Property Damage Liability Insurance
The Contractor shall obtain an Ou-ner's Protective or Contingent
Public Liability Insurance policy naming the City of Lubbock as an addi-
tional insured and the amount of such policy shall be as follows:
$ 500, 000 for bodily injuries, including accidental death,
to any one'•person, but limited to $ 500,000 per occurrence,
and $ 100;000 for property damage.
• The Contractor shall obtain a Contractor's Protective (Contingent)
Liability Insurance policy and the amount of said policy shall be as
follows:
In an amount not less than $100,000 for bodily injuries,
including accidental death, to any one person, but not less than
$300,000 per occurrence and in the amount of not less
than $ 100,000 for property damage.
(C) Automobile insurance
The Contractor shall -procure automobile insurance providing coverage
as follows:
In an amount not less than $ 1009000 for injuries,
including accidental death, to any one person, but not less than
$300,000 per occurrence, and in the amount of
not less than $100,000 for property damage.
(D) Proof of Coverage
Before wort: on this contract is commenced, each Contractor and sub-
contractor shall submit to the Ch,,ner for approval one certi-
ficates of insurance covering each insurance policy carried and offered
as evidence of compliance with the above insurance requirements, signed
by an authorized representative of the insurance company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in
force thereunder on the date borne by such certificate.
(4) The expiration date of the policy and the limit or limits
of liability thereunder on the date borne by such certificate.
(5) A statement that the insurance of the type afforded by
the policy applies to all of the operations of whatever
character, which are undertaken by the insured during the
performance of this contract, provided such operations are
required in the performance of the contract.
(6) A provision that the policy may be cancelled only by mailing
written notice to the named insured at the address shown in the
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! policy stating when, not less than ten (10) days thereafter,
cancellation of such policy shall be effective, with a copy to
the Owner of said letter of intent.
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29. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIA_LHEN,
:• A_N'D FURNISHERS OF MACHINERY, EQUIPMENT AM SUPPLIES
The Contractor agrees that he will indemnify and save the aw-ner harmless
from all claims growing out of any demands of subcontractors, laborers, work-
men, mechanics, materialmen and furnishers of machinery.and parts thereof,
equipment, power tools, all suppliers, including commissary, incurred in the
furtherance of the performance of this contract. When Owner so desires, the
'^ Contractor shall furnish satisfactory evidence that all obligations of the
nature hereinabove designated have been paid, discharged or waived.
If during the progress of the work, Contractor shall allow any indebted-
ness 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 Ow-ner may, during the period for
which such indebtedness shall remain unpaid, withhold from the unpaid portion
of this contract, a sum equal to the amount of such unpaid indebtedness or may
apply the sum so withheld to discharge any such indebtedness.
Any and all communications between any party under this paragraph must be
in writing.
30. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The Contractor shall pay all royalties and license fees, and shall pro-
vide 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 O-mer harmless from
any loss on account thereof, except that O;*ner shall defend all such suits and
claims and shall be responsible for all such loss when a particular design,
device, material or process or the product of a particular manufacturer or.
manufacturers is specified or required in these contract documents by Owner;
":a• provided, however, if choice of alternate design, device, material or process
is allowed to the Contractor, then Contractor shall indemnify and save O'K*ner
harmless from any loss on account thereof. If the material or process speci-
fied 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.
31. LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with all federal,
state and local laws, ordinances and regulations, which in any manner effect
the contract or the work, and shall indemnify and save harmless the Owner
against any claims arising from the violation of any such laws, ordinances,
^' and regulations, whether by the Contractor or his employees. If the Con-
tractor observes that the plans and specifications are at variance therewith,
he shall promptly notify the Owner's Representative in writing and any neces-
sary changes shall be adjusted as provided in the contract for changes in the
work. If the Contractor performs any work knokirg it to be contrary to such
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laws, ordinances, rules and regulations, and without such notice to the O'w-ner'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 wnich the Os„-ner mav-
enter into contracts, shall be controlling, and shall be considered as part of
this contract to the same effect as though embodied herein.
32. ASSIGMENT kN-D SUBLETTING
The Contractor further agrees that he will retain personal control and
will give his personal attention to the fulfillment of this contract. The
Contractor further agrees that•subletting of any portion or feature of the
work, or materials required in the performance of this contract, shall not
=!"' relieve the Contractor from his full obligations to the Owner, as provided by
this contractual agreement.
33. TIME FOR COMPLETION AND LIQUIDATED D,*IAGES
It is hereby understood and mutually 'agreed by and between the Contractor
and the Owner, that the date of beginning and time for completion as specified
in. the contract of work to be done hereunder are essential conditions of this
contract; and it is further mutually understood and agreed that the work em-
braced in this contract shall be commenced on a date to be specified in the
Notice to Proceed.
If the Contractor should neglect, fail, or refuse to complete the work
7 within the time herein specified, or any proper extension thereof granted by
the Owner, then the Contractor.does hereby agree as -part of the consideration
for the awarding of this contract, the Owner may withhold permanently from
^' Contractor's total compensation, the sum of ane hundred
Dollars ($1p2_�� ), not as a penalty, but as liquidated damages for the
breach of the contract as herein set forth for each and every calendar day
r� that the Contractor shall be in default after the time stipulated for com-
pleting the work.
It is expressly understood and agreed, by and between Contractor and the
Owner, that the time for the completion of the work described herein is rea-
sonable time for the completion of the same, taking into consideration the
average climatic change and conditions and usual industrial conditions pre-
vailing in this locality.
The amount is fixed and agreed upon by and between the Contractor and the
O-„ner because of the impracticability and extreme difficulty in fixing and
ascertaining actual damages the Owner would in such event sustain, and the
amount is agreed to be damages the 0•w-ner would sustain and shall be retained
!" by the N ner from current periodical estimates for payments or from final
payment.
7M It is further agreed and understood between the Contractor and Owner that
time is of the essence of this contract.
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34. TIME Ah'D ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otberwise herein
specifically provided, that the Contractor shall be allowed to proseczte his
work at such time and sessions, in such order of precedence, and in such
manner as shall be most conductive to economy of construction; provided,
however, that the order and time of prosecution shall be such that the work
shall be substantially completed as a whole and in part, in accordance with
.• this contract, the plans and speciA.
fications, and within the time of completion
designated in the proposals; provided, also, that when the Os,-ner is having
other work done, either by contract or by his own force, the Owner's Representa-
tive may direct the time and manner of constructing work done under this
contract so that conflicts will be avoided and the construction of the various
` works being done for the Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested
by the -Owner's Representative, schedules which shall show the order in which
the Contractor proposes to carry on the work, with dates at which the Contractor
will start the several parts of the work, and estimated dates of completion of
the several parts.
J� 35. EXTENSION OF ME
:
The Contractor agrees that he has submitted his proposal in full recog-
nition of the time required for the completion of .this project, taking into
consideration the average climatic range and industrial conditions prevailing
in this locality, and has considered the liquidated damage provisions of
=^, paragraph 33 hereinabove set forth and that he shall not be entitled to, nor
will .he request, an extension of time on this contract, except when his work
has been delayed by an act or neglect of the Owner, Owner's Representative,
employees of the Owner or other contractors employed by the Owner, or by
_~ changes ordered in the work, or by strike, walk -outs, acts of God or the
public enemy, fire or flood. The Contractor may apply in writing for an
extension of time, submitting therewith all written justification as may be
, required by Owner's Representative for such an extension as requested by
Contractor. The 0-ner's Representative within ten (10) days after receipt of
a written request.for an extension of time by the.Contractor supported by all
-- requested documentation shall then submit such written request to the City
Council of the City of Lubbock for their consideration. Should the Contractor
disagree with the action of City Council on granting an*extension of time,
.. such disagreement shall be settled by arbitration as hereinafter provided.
36. hI2\'DR1NCE p1M DELAYS
In executing the contract agreement, the Contractor agrees that in under-
taking to complete the work within the time herein fixed, he has taken into
consideration and made allowances for all hindrances and delays incident to
such work, whether growing out of delays in securing material or workmen or
otherwise. No charge shall be made by the Contractor for hindrance or delays
from any cause during the progress of any part of the work embraced in this
contract except where the work is stopped by order of the Owner or Os.-ner's
- Representative for the Owner's convenience in which event such expense as in
the judgment of the Owner's Representative that is caused by such stoppage
shall be paid by Owner to Contractor.
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37. QLW,'TITIES AND IMASUREMEhTS
No extra or customary measurements of any kind will be allowed, but the
actual measured or computed length, area, solid contents, number and weight
only shall be considered, unless otherwise specifically provided.
In the event this contract is let on a unit price basis, then Owner and
Contractor agree that this contract, including the specifications, plans and
other contract documents are intended to show clearly all work to be done and
material to be furnished hereunder. Where the estimated quantities are shown
for the various classes of work to be done and material to be furnished under
this contract, they are approximate and are to be used only as a basis for
estimating the probable cost of the work and for comparing their proposals
offered for the work. It is understood and agreed that the actual amount of
work to be done and the materials to be furnished under this contract may
differ somewhat from these estimates, and that where the basis for payment
under this contract is the unit price method, payment shall be for the actual
amount of work done and materials furnished on the project.
38. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the adjacent or adjoining
property or properties in any way encountered, which may be injured or seriously
affected by any process of construction to bL� undertaken under this agreement,
from any damage or injury by reason of said process of construction; and he
=^, shall be liable for any and all claims for such damage on account of his
failure to fully protect all adjacent property. The Contractor agrees to
indemnify, save and hold harmless the Owner against any claim or claims for
damages due to any injury to any adjacent or adjoining property, arising or
growing out of the performance of this contract, but such indemnity shall not.
apply to any claim of I any kind arising out of the existence or character of
the work.
301. PRICE FOR WORK
In consideration of the furnishing of all necessary labor, equipment and
material and the completion of all work by the Contractor, and on the delivery
of all materials embraced in 'this contract in full conformity with the specifi-
cations and stipulations herein contained, the Owner agrees to pay the Contractor
the price set forth in the proposal attached hereto, which has been made a
part of this contract, and the Contractor Hereby agrees to. receive such price
;. in full for furnishing all materials and all labor required for the aforesaid
work, also, for all expenses incurred by him and for well and truly performing
the same and the whole thereof in the manner and according to this agreement,
r the attached specifications, plans, contract documents and requirements of
Ou ner's Representative.
40. PAYMENTS
No payments made or certificates given shall be considered as conclusive
evidence of the performance of the contract, either wholly or in part, nor
shall any certificate or payment be considered as acceptance of defective
work. Contractor shall at any time requested during the progress of the work
furnish the Owner or Owner's Representative with a verifying certificate
showing the Contractor's total outstanding indebtedness in connection with the
worm. Before final payment is made, Contractor shall satisfy Owner, by affidavit
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or otherwise, that there are no outstanding liens against Owner's prerises by
reason of any *cork under the, contract. Acceptance by Contractor of final
payment of the contract price shall constitute a waiver of all claims against
0-mer which have not theretofore been timely filed as provided in this contract.
41. PARTIAL PAIDMNTS
On or before the tenth day of each month, the Contractor shall submit to
Owner's Representative an application for partial payment. Owner's Representa-
tive shall review said application for partial payment and the progress of the
work made by the Contractor and if found to be in order shall prepare a
certificate for partial payment showing as completely as practical the total
value of the work done by the Contractor up to and including the last day of
the preceding month; said statement shall also include the value of all sound
materials delivered on site of the work that are to be fabricated into the
work.
The Owner shall then pay the Contractor on or before the fifteenth day of
the current month the total amount of the Owner's Representative's Certificate
of Partial Payment, less 10% of the amount thereof, which 10% shall be retained
until final payment, and further, less all previous payments and all further
sums that may be retained by Owner under the terms of this agreement. It is
understood, however, that in case the whole.work be near to completion, and
this fact is certified to by Dwrier's Representative and some unexpected and
some unusual delay occurs due to no fault or negligence on the part of the
'� Contractor, the Owner may upon written recommendation of Owner's Representative
pay reasonable and equitable portion of the retained percentage due Contractor.
42. FINAL COM1PLETION AIM ACCEPTANCE
Within thirty-one (31) days after the Contractor has given the Owner's
Representative written notice that the work has been completed or substantially
completed, the Owner's Representative and the Nner shall inspect the work and
within said time, if the work be found to be completed or substantially com-
pleted in accordance with the contract documents, the Owner's Representative
shall issue to the Owner and Contractor his certificate of completion, and
thereupon it shall be the duty of the Owner within thirty-Qne (31) days to
issue a certificate of acceptance of the work to the Contractor.
43. FINAL PAYIiENT
Upon the issuance of thecertificate of completion, the Owner's Repre-
sentative shall proceed to make final measurement and prepare a final state-
ment of the value of all work performed and materials furnished under the
terms of the agreement, and shall certify same to the Owner, who shall pay to
the Contractor on or before the 31st day after the date of certificate of
completion, the balance due Contractor under the terms of this agreement,
provided he has fully performed his contractual obligations under the terms of
this contract; and said payment shall become due in any event upon said per-
formance by the Contractor. Neither the certificate of acceptance nor the
final payment, nor any provisions in the contract documents shall relieve the
Contractor of the obligation for fulfillment of any warranty which may be
required in the special conditions (if any) of this contract or required in
the specifications made a part of this contract.
44. CORRECTION OF WORK BEFORE FINAL PAYHENT FOR WORD
Contractor shall promptly remove from Owner's premises all materials con-
:•• demned by the Ow-ner's•Representative on account of failure to conform to the
contract, whether actually incorporated in the work or not, and Contractor
" shall at his own expense promptly replace such condemned materials with other
materials conforming to the requirements of the contract. Contractor shall
also bear the expense of restoring all work of other contractors damaged by
any such removal or replacement. If Contractor does not remove and replace
any such condemned work within a reasonable time after a written notice by the
-7" Owner or the Owner's Representative, Owner may remove and replace it at Con-
11 expense.
45. CORRECTION OF WORK AFTER FINAL PAYIKIENT
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 defeats due thereto and pay for any
damage to other work resulting therefrom, which shall appear within a period
of one (1) year from -the date of substantial completion. The Owner or -the
Owner's Representative shall give notice of observed defects with reasonable
promptness.
46. PAYIENT k'IThHELD
T•ne Owner may, on account of subsequently discovered evidence, withhold
or nullify the. whole or. part of any certificate to such extent as may be
• necessary to protect himself from loss on account of:
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence indicating possible filing
of claims.
(c) Failure of the Contractor to make payments promptly to subcontractors
or for material or labor.
(d) Damage to another contractor.
When the above grounds are removed, or the Contractor provides a surety
bond satisfactory to the Owner, which will protect the Owner in the amount
withheld, payment shall be made for amounts withheld because of them.
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4 7 . TIME OF FILING CLAI24S
• 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 Dwner's Representative within fifteen (15) days after the Owner's Rep re-
sentative has given any directions, order or instruction to which the Contractor
desires to take exception. The Owner's Representative shall reply to such
written exceptions by Zhe Contractor and render his final decision in writing.
.T In case the Contractor should appeal from the decision of the Owner's Repre-
sentative, any demand. for arbitration shall be filed with the Owner's Repre-
sentative and the Owner in writing within ten (10) days after the date of
delivery to Contractor of the final decision of the Oumer'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.
48. AREITRATION
All questions of dispute under this agreement shall be submitted to arbi-
tration at the request of either -party to the dispute. The parties may agree
upon one arbitrator, otherwise, there shall be three; one named in writing by
each party and the third chosen by the two arbiters selected; or if the arbiters
fail to select a third within lien (10) days, he shall be chosen by the District
Judge, 72nd Judicial -District of Texas. Each arbiter shall be a resident of
the City of Lubbock. Should the party demanding arbitration f ail 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. ,
=:r.. The arbiters shall act with promptness. The decision of any two shall be
binding on both parties to the contract, unless either or both parties shall
appeal within ten (10) days from date of the award by the arbiters, and it is
hereby agreed that each party shall have the right of appeal and. all proceedings
_ shall be according to and governed by Arbitration Statutes of Texas; being
Article 224, et seq., Vernon's Annotated Civil Statutes. THE DECISION OF THE
A1UITERS UPON AINY QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT SHALL
BE A CONDITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION.
The arbiters, if they deem the case demands it, are authorized to award
the party whose contention is sustained, such sums as they deem proper for the
time, expense and trouble incident to the appeal, and if the appeal was taker,
without reasonable cause, they may award damages for any delay occasioned
thereby. The arbiters shall fix their own compensation, unless otherwise pro-
vided 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.
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49. ABAIN'D03-K—ENT BY CONTRACTOR
In case the Contractor should abandon and fail or refuse to resume work
within ten (10) days after written notification from the Owner or the Owner's
Representative, or if the Contractor fails to comply with the orders of the
r• 0»aer's Representative, when such orders are consistent with this contract,
this Agreement, or the Specifications hereto attached, then the Surety on the
bond shall be notified in writing and directed to complete the work and a copy
-of said notice shall be delivered to the Contractor.
After receiving said notice of abandonment, the Contractor shall not
remove from the work any machinery, equipment, tools, materials or supplies
then on the job, but the same, together with any materials and equipment under
the contract for work, may be held for use on the work by the Owner or the
Surety of the Contractor, or another contractor, in completion of the work;
and the Contractor shall not receive any rental or credit therefore (except
when used in connection with Extra Work, where credit shall be allowed as
provided for under paragraph 24 of this contract); it being understood that
the use of such equipment and materials will ultimately reduce the cost to
complete the work P-nd 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
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to complete the work and
charge the expense of such labor, machinery,
equipment, tools, materials
and supplies to said Contractor, and the
expense so charged shall
be deducted and paid by the Owner out of such
moneys as may be due, or
that may thereafter at any time become due to
-
the Contractor under and
by virtue of this Agreement. .In case such
expense is less than the
sum which would have been payable under this
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contract, if the same had
been completed by the Contractor, then said
Contractor shall receive
the difference. In case such ea-pense is greater
than the sum which would
have been payable under this contract, if the
sane had been completed
by said Contractor, then the Contractor and/or
his Surety shall pay the
amount of such excess to the Owner; or
(b) The Owner, under sealed bids, after notice published as required
by law, at least twice in a newspaper having a general circulation in the
County of location of the work, may let the contract for the completion
of the work under substantially the same terms and conditions which are
provided in this contract. In case of any increase in cost to the Owner
under the new contract as compared to what would have been the cost under
this contract, such increase shall be charged to the Contractor and the
Surety shall be and remain bound therefore. however, should the cost to
complete any such new contract prove to be less than that which would
have been the cost to complete the work under this contract, the Con-
tractor or his Surety shall be credited therewith.
ON
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When the work shall have been substantially completed, the Con-
tractor and his Surety shall be so notified and certificates of completion
!" and acceptance, as provided in paragraph 42 hereinabove set forth, shall
be issued. A complete itemized statement of the contract accounts,
certified to be the Owner's Representative as being correct shall then be
ON prepared and -delivered to Contractor and his Surety, whereon the Contractor
or his Surety, or the Owner as the case may be, shall pay the balance due
as reflected by said statement within 30 days after the date of
certificate of completion.
' In the event the statement of accounts shows that the cost to com-
plete the work is less than that which would have been the cost to the
Owner had the work been completed by the Contractor under the ter--s 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, equip-
ment, 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
tl his Surety fail to pay the amount due the o--ner within the time designated
hereinabove, and there remains any machinery, equipment, tools, materials
or supplies on the site of the work, notice thereof, together urith an
ir-itemized list of such equipment and materials shall be mailed to the
Contractor and his Surety at the respective addresses designated in this
contract; provided, however, that actual'written notice given in any
c., manner will satisfy this condition. After mailing, or other giving of
such notice, such property shall be held at the risk of the Contractor
and his Surety subject only to the duty of the Owner to exercise ordinary
care to protect such property. After fifteen (15) days from the date of
said notice the Owner may sell such machinery, equipment, tools, materials
or supplies and apply the net sum derived from such sale to the credit of
the Contractor and his Surety. Such sale may be made at either public or
_.- private sale, with -or without notice, as the Owner may elect. The 0-ner
shall release any machinery, equipment, tools, materials, or supplies
which remain on the jobsite and belong to persons other than the Con-
tractor or his Surety, to their proper owners.
50. ABANDONMENT BY OWNER
z In case the Owner shall fail to comply with the terms of this contract,
and should fail or refuse to comply with said terms within ten (10) days after
;,.. written notification by the Contractor, then the Contractor may suspend or
wholly abandon the work, and may remove therefrom all machinery, tools, and
equipment, and all materials on the ground that have not been included in
payments to the Contractor and have not been incorporated into the work.
Thereupon, the Owner's Representative shall make an estimate of the total
amount earned by the Contractor, which estimate shall include the value of all
work actually completed by said Contractor at the prices stated in the attached
proposal, the value of all partially ccmpleted 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 O---ner's Representative shall
then make a final statement of the balance due the Contractor by deducting
from'the above estimate all previous payments by the Owner and all other suns
that may be retained by the Owner under the terms of this Agreement, and s:.all
certify same to the Owner who shall pay to the Contractor on or before thirty
(50) days after the date of the notification by the Contractor the balance
shou-n by said final statement as due the Contractor, under the terms of this
:•- Agreement.
51. BONDS
The successful bidder shall be required to furnish a performance bond and
payment bond in accordance with Article 5160, Vernon's Annotated Civil Statutes
in the amount of 100% of the total contract price, in the event said contract
price exceeds $25,000.00. If the contract price does not exceed $25,000.00,
the statutory bonds will not be required. All bonds, if required, shall be
submitted on forms supplied by the Owner, and executed by an approved Surety
Company authorized to do business in the State of Texas. And it is further
agreed that this contract shall not be in effect until such bonds are so fur-
nished.
52. SPECIAL CONDITIONS
=- In the event special conditions are contained 'Herein as part of the con-
tract 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.
53. LOSSES FROM NATURAL CAUSES
Unless otherwise specified herein, all loss or damage to the Contractor
arising out of the nature of the work to be done, or from the action of the
elements, or from any unforeseen circumstance and the prosecution of the same,
r or from unusual -obstructions or difficulties which may be encountered in the
prosecution of the work, shall be sustained and borne by the Contractor at his
own cost and expense.
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s,. 54. INDEPENDENT CONTRACTOR
►- Contractor is, and shall remain, an independent contractor, with full,
complete and exclusive power and authority to direct, supervise, and control
his own employees and to determine the method of the performance of the work
;.. covered hereby. The fact that the Owner or O-,aner's Representative shall have
the right to observe Contractor's work during his performance and to carry out
the other prerogatives which are expressly reserved to and vested in the Owner
P" or Owner's Representative hereunder, is not intended to and shall not at any
time change or effect the status of the Contractor as an independent contractor
with respect to either the Owner or O-w-ner's Representative or to the Contractor's
own employees or to any other person, firm, or corporation.
55. CLEANING UP
The Contractor shall at all times keep the premises free from accumulation
of debris caused by the work, and at the completion of the work he shall
remove all such debris and also his tools, scaffolding, and surplus materials
and shall leave the work broom clean or its equivalent. The work shall be
left in good order and condition. In case of dispute Os,.•ner may remove the
debris and charge the cost to the Contractor.
56. DANTIS-BACON ACT REGULATIONS
Federal Minimum Wages
Applicable to all Construction Contracts over $2000.00 funded by General
Revenue Sharing.
I (1) Minimum wages. (i) All mechanics and laborers employed or working
upon the site of the work, or under the United States Housing Act of 1937 or
under the Housing Act of 1949 in the construction or development of the project,
will be paid unconditionally and not less often than once a week, and without
subsequent deduction or rebate on any account (except such payroll deductions
as are permitted by regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR Part 3)), the full amounts due at time of payment computed
at wage rates not less than those contained in the wage determination decision
of the Secretary of Labor which is attached hereto and made a part hereof,
=r• regardless of any contractual relationship which may be alleged to exist
between the contractor and such laborers and mechanics; and the wage determination
decision shall be posted by the contractor at the site of the work in a prominent
r- place where it can be easily seen by the workers. For the purpose of this
y clause, contributions made or, costs reasonably anticipated under section
l(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 29 CFR
5.5(a)(1)(iv). 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 construc-
tively made or incurred during such weekly period.
(ii) The contracting officer shall require that any class of laborers or
mechanics, including apprentices and trainees, which is not listed in the wage
determination and which is to be employed under the contract, shall be classified
or reclassified conformably to the wage determination and a report of the
action taken shall be sent by the Federal agency to the Secretary of Labor.
In the event the interested parties cannot agree on the proper classification
or reclassification of a particular class of laborers and mechanics, including
apprentices and trainees, to be used, the question accompanied by the reco=-
mendation of the contracting officer shall be referred to the Secretary for
final determination.
(iii) The contracting officer shall require, 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 wage rate and the contractor
is obligated to pay 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 contracting officer, shall be re -
(erred to the Secretary of Labor for deter-mination.
(iv) If the contractor does not make payments to a trustee or other
third person, he may consider as part of the wages of any laborer or mechanic
the amount of any costs reasonably anticipated in providing benefits under a
plan or program of a type expressly listed in the wage determination decision
of -the Secretary of Labor which is a part of this contract: Provided, however,
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.
(2) Withholding. The City of Lubbock may withhold or cause to be withheld
from the contractor so much of the accrued payments or advances as may be con-
sidered necessary to pay laborers and mechanics, including apprentices and
trainees, employed by the contractor or any subcontractor on the work the full
amount of wages required by the contract. In the event of failure to pay any
laborer or mechanic, including any apprentice or trainee, employed or working
on the site of the work or under the united States Housing Act of 1937 or
under the Housing Act of 1949 in the construction or development of the project,
all or part of the waves required by the contract, the City of Lubbock r.ay,
after written notice to the contractor, sponsor, applicant, or owner, take
such action as may be necessary to cause the suspension of any further payment,
advance, or guarantee of funds until such violations have ceased.
(3) Payrolls and basic records. (i) Payrolls and basic records relating
thereto will be maintained during the course of the work and preserved for a
period of three years thereafter for all laborers and mechanics working at the
site of the work, or under the,.Upited States -Housing Act of 1937, or under the
dousing Act of 1949, in the construction or development of the project. Such
records will contain the name and address of each such employee, his correct
classification, rates of pay (including rates of contributions or costs anti-
cipated of the types described in section 1(b)(2) of the Davis -Bacon Act),
daily and weekly number of hours worked, deductions made and actual wages
paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)
that the wages of any laborer or mechanic include the amount of any costs rea-
sonably anticipated in providing benefits under a plan or program described in
section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain
records which show that the commitment to provide such benefits is enforceable,
that the plan or program is financially* responsible, and that the plan or pro-
gram 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.
(ii) The contractor will submit weekly a copy of all payrolls to the
City of.Lubbock if the agency is a party to the contract,.but if the agency is
,,. not such a party, the contractor will submit the payrolls'to the applicant,
sponsor, or owner, as the case may be, for the transmission to the City of
Lubbock. The copy shall be accompanied by a statement signed by the employer
or his agent indicating that the payrolls are correct and complete, that the
wage rates contained therein are not less than those determined by the Secretary
of Labor and that the classifications set forth for each laborer or mechanic
conform with the work he performed. A submission of a "67eekly Statement of
Compliance" which is required under this contract and the Copeland regulations
of the Secretary of Labor (29 CFR, Part 3) and the filing with the initial
payroll or any subsequent payroll of a copy of any findings by the Secretary
of Labor under 29 CFR 5.5(a)(1)(iv) shall satisfy this requirement. The prime
contractor shall be responsible for the submission of copies of payrolls of
all subcontractors. The contractor will make the records required under the
labor standards clauses of the contract available for inspection by authorized
representatives of the City of,Lubbock and the Department of Labor, and will
permit such representatives to interview employees during working hours on the
FM
job. Contractors employing apprentices or trainees under approved progra=
.� shall include a notation of the first weekly certified payrolls submitted to
the contracting agencies that their employment is pursuant to an approved pro-
gram and shall identify the program.
' (4) Apprentices and trainees. (i) Apprentices. Apprentices will be
permitted to work at less than the predetermined rate for the work they per-
formed when they are employed and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of Labor, Employment
and Training Administration, Bureau of Apprenticeship and Training, or with a State
Apprenticeship Agency recognized by the Bureau, or if a person is employed in
his 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 subdivision (ii) of this subparagraph or is not registered or
.:r otheru-ise employed as stated above, shall be paid the wage rate determined by
the Secretary of Labor for the classification of work he actually performed.
Trie contractor or subcontractor �-ill 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 journeyman hourly rates), for the area of construction prior to using any
"^ apprentices 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.
(ii) Tra.inees. Except as provided in 29 CFR 5.15 trainees will not be
permitted to work at less than the predetermined rate for the work performed
unless they are employed pursuant to and individually registered in a program
which has received prior approval, evidenced by formal certification, by the
U.S. Department of Labor, Employment and Training Administration, Bureau of
,.. Apprenticeship 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
PM in the approved program for his level of progress. Any employee listed on the
payroll at 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 performed. 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
PM 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 applicable predeter-
mined rate for the work performed until an acceptable program is approved.
r
(iii) 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
:F 29 CFR Part 30. -
(5) Compliance with Copeland Regulations (29 CFR Part 3). The contractor
shall comply with the Copeland Regulations (29 CFR Part 3) of the Secretary of
Labor which are herein incorporated by reference.
(6) Subcontracts,
clauses contained in 29
clauses as the City of
also a clause requiring
lower tier subcontracts
quiring this insertion
The contractor will insert in any subcontracts the
CFR 5.5(a)(1) through (5) and (7) and such other
Lubbock may by appropriate instructions require, and
the subcontractors to include these clauses in any
which they may enter into, together with a clause re-
in any further subcontracts that may in turn be =ade.
(7). Contract termination; debarment.- A breach of clauses (1) through
(6) may be grounds for termination of the contract, and for debarment as pro-
vided in 29 CFR 5.6.
ADDITIONAL, PROVISIONS INCLUDED ARE:
(1) Overtime requirements. No contractor or subcontractor contracting
for any part of the contract work'which may require or involve the employment
of laborers or mechanics shall require or permit any .laborer or mechanic in
any workweek in which he is employed on such work to work.in excess of eight
hours in any calendar day or in excess of forty hours in such workweek unless
such laborer or mechanic received compensation at a rate not less than one and
one-half times his basic rate of pay for all hours worked in excess of eight
hours in any calendar day or in excess of forty hours in such workweek, as the
case may be.
(2) Violation; liability for unpaid wages; liquidated damages. In the
event of any violation of the clause set forth in subparagraph (1), the con-
tractor and any subcontractor responsible therefor shall be liable to any
affected employee for his unpaid wages. In addition, such contractor or
subcontractor shall be liable.to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such District
or to such territory), for liquidated damages. Such liquidated damages shall
` be computed with respect to each individual laborer or mechanic employed in
violation of the clause set forth in subparagraph (1), in ene sum of $10 for
{ each calendar day on which such employee was required or permitted to work in
excess of eight hours or in excess of the standard workweek of forty hours
without payment of the overtime wages required by the clause set forth in sub-
paragraph (1).
Applicable to all contracts in excess of $10,000.00
PM
(3) WithholdinE for unpaid wages and liquidated damages. The City of
Lubbock may withhold or cause to be withheld, from any moneys payable on
account of work performed by the contractor or subcontractor, such sums as may
administratively be determined to be necessary to satisfy any liabilities of
such contractor or subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in subparagraph (2).
(4) Subcontracts. The contractor
shall insert
in any subcontracts the
clauses set forth in subparagraphs (1),
(2), and (3)
of this paragraph and
also a clause requiring the subcontractors
to include
these clauses in any
lower tier subcontracts which they may
enter into, together
with a clause
requiring this insertion in any further
subcontracts
that may in turn be made.
4
-4
r CITY OF LUBBOCK
WAGE DETERMINATIONS FOR FEDERALLY FUNDED PROJECTS
HEAVY/HIGHWAY PROJECTS _
46 FR 1535
-r
4
Decision !j TX81-4001 Date 1-6-81
(Supersedes Decision No. TX80-4017, dated March 14, 1980,.in 44 FR 16818)
DESCRIPTION OF WORK: Heavy (excluding tunnels.& dams) and Rigbway Projects
(does not include building structures in rest area projects.)
Classification Basic Hourly Rates
:.
Air Tool Y6--n
$ -
Isphalt Heaterman
4.85
Asphalt Raker
4.50
Psphalt Shoveler
3.95
Batching Plant Scaleman
5.30
`
Batterboard Setter
4.20
Carpenter
5.70
Carpenter Helper
4.75
Concrete Finisher (Paving)
6.50
Concrete Finisher Helper (Paving)
5.00
f
Concrete Finisher (Structures)
5.50
is
Concrete Finisher Helper (Structures)
5.05
Concrete Rubber
-
ir•
Electrician
8.10
Electrician Helper
-
Fireaan
-
_,�.
Form Builder (Structures)
5.45
Fora Builder Helper (Structures)
4.20
b
: orm Liner (Paving and Curb)
5 _ 60 ,
Form Setter (Paving and Curb)
5.00
Form Setter Helper (Paving and Curb)
4.00
Form Setter (Structures)
6.25
Fora Setter Helper (Structures)
5.25
Laborer, Coon
3.95
,z
Laborer, Utility Man
4.70
Manhole Builder, Brick
4.50
^
Mechanic
7.00
Sechanic Helper
4.25
Oder
4.50
!�
Serviceman
4.95
Painter (Structures)
-
?ai.-iter helper (Structures)
-
PM
Fiiedrivermen
-
!
?.pelayer
4.00
..
P_pelayer Helper
.3.95
Pneumatic Mortar -an
-
PM
'
Powderman
5.50
Powderman helper
-
Reinfcrcing Steel Setter (Paving)
5.50
Classification Basic Hourly Pates Zone 2
.r
J.
Reinforcing Steel Setter (Structures)
$5.45
Reinforcing Steel Setter Helper
-
Steel Worker (Structural)
-
Steel Worker Helper (Structural)
-
Sign Erector
-
Sign Erector Helper
-
Spreader Box Man
5.00
Swapper
4.55
POhiR EQUIPMENT OPERATORS:
Asphalt Distributor
5.00
Asphalt Paving Machine
5.20
.Broom or Sweeper Operator
4.00
Bulldozer, 150 HP and less
5.00
Bulldozer, over 150 HP
5.70
Concrete Paving Curing Machine
-
Concrete Paving Finishing Machine
5.30
Concrete Paving Form Grader
-
Concrete Paving Gang Vibrator
-
Concrete Paving Grinder
-
Concrete Paving Joint Machine
-
'oncrete Paving Joint Sealer
-
Concrete Paving Longitudinal Float
-
Concrete Paving Mixer
7.00
Concrete Paving Saw
-
Concrete Paving Spreader
-
Paving Sub Grader
5.25
Crane, Clamshell, Backhoe, Derick, Drag line,
Shovel (less than 11i CY)
5.00
Crane, Clamshell, Backhoe, Derrick, Dragline,
Shovel (1;i CY and over)
6.95
Crusher or Screening Plant Operator
4.95
Elevating Grader
-
Form Loader
-
Foundation Drill Operator (Crawler Mounted)
5.85
Foundation Drill Operator (Truck *counted)
7.00
Foundation Drill Operator Helper
5.50
Front End Loader (2;� CY apd less)
4.95
Front End Loader (Over 2� CY)
5.70
*fixer (Over 16 CF)
-
Mixer (16 CF and less)
-
Motor Grader Operator, Fine Grade
7.00
Motor Grader Operator
5.75
Pump Crete
-
Roller, Steel Ulneel (Plant -Mix Pavements)
Roller, Steel I%neel (Other Flat krneel or Ta-aping)
4.35
Roller, Pneumatic (Self -Propelled).
4.30
Scrapers (17 CY and less)
5.00
Scrapers (Over 17 CY).
5.60
Self -Propelled Hammer.
-
Side Boom
4.00
Tractor (Crawler type) 150 HP and less
4.25
Tractor (Crawler tSrpe) over 150 HP
4.75
Tractor (Pneumatic) 80 1Ul and less
4.25
Tractor (Pneumatic) over 80 HP
5.00
Traveling Ilixer
-
Trenching Machine, Light
Trenching Xacirine, heavy
-
Wagon Drill, Boring Machine or Post Hole Driller
Operator
4.50
Classification Basic Hourly Rate Zone 2
TRUCK DRIVERS:
Single ?ale, Light $4.35
Single Axle, Heavy 4.50
Tandea ?ale or Semitrailer. -
Lowboy -Float 5.00
Transit-%, i-t -
Winch -
Vibrator Man (Hand type) -
Welder 6.00
Welder Helper 4.50
Zone 2 - Bailey, Borden, Cochran, Cottle, Crosby, Dawson, Dickens, Fisher,
•F1ovd, Foard, Gaines, Garza, Yale, Haskell, Hockley, Jones, Rent, King,
Knox, Lamb, Lubbock, Lynn, Motley, Scurry, Shackelford, Stephens, Stonewall,
Terry, Throcl=orton, Yoakum and Toung Counties.
LOCATION:
WrRX ORDER NUINM R: 5:2'- <�'::lcg
SPECIFICATIONS FOR
INSTALLATION OF TRAFTIC SIGNAL CONDUIT
- GENERAL:
The Contractor will be responsible for installing 3" PVC Conduit, 3" PVC
elbows, 2" PVC Conduit, 2" PVC Elbows, valve boxes, pull boxes, and pull
wire by means of boring under all streets and highways at locations shoran
on attached plans.
INSTALTMION
Contractor will bore under all streets and highways as shown on plans.
Bores will be 36" to 42" in depth. Any changes in depth or installation
must be approved by Traffic Signal Depazttmnt before proceeding with
installation.
All conduits and elbows will be cemented together for a complete
installation. All conduit and elbows Ntiill be clean of all dirt, mid, and
any other objects other than pull wire.
MTI'ERIAL :
The Contractor will furnish the following material:
1.
3"
PVC Conduit'Schedule
T40 2 7-S!"
2.
3".PVC
Elbows 90 degree
Schedule r40 (long radius)6
3.
Pull wire 10 gauge
4.
2"
PVC Conduit Schedule
040 <;; Qeo e
5.
2"
PVC Elbows 90 degree
Schedule L#40 (long radius)/6
The City Traffic Engineering Department c4�11 furnish the following to the
Contractor:
1. Pull Boxes (y ) and valve Boxes ( 5 )
Valve boxes in roadway will be cemented in.
The Traffic Engineering Department will stake all pall box and valve box
locations according to plans, and inspect material before installation.
SAFETY:
The Contractor will, during the progress of the work, erect and maintain
for twenty-four hours a day such barricades and warnings necessary to give
notice to vehicular and pedestrian traffic of any and all obstructions and
will insofar as possible keep the streets and/or alleys on which work is
being done in a passable condition.
The Contractor shall familiarize hi_*riself with the SIG_�iS A-v"D BARRICADES
i.LzNUPL published by the Texas Department of highways and Public Transportation.
I t.SUR.ANCE :
The Contractor shall not beoin work under this contract until he has
obtained insurance, or bond, and has furnished proof of insurance, or
bond, to the City and the City shall have approved the same. The insurance
or bond certificates furnished shall state that the coverage includes all
sub -contractors, or -shall be accompanied by a letter stating that no work
►:ill be sub -contracted. Owners of trucks and other equipment hired by
the Contractor shall be considered as sub -contractors.
r-• TIME OF COMPLETION:
The Contractor agrees that he will commence work within ten (10) days
after the date stated on the written notice which will be issued to the
Contractor. The Contractor agrees to complete the work within five (5)
working days per intersection after work has begun.
r-
REPAIR:
The Contractor will repair all streets, highways, sidewalks and any
7 other damaged areas to its•natural state. Contractor will be responsible
for damage to water, gas, telephone, and anyother utility lines, damaged
by the Contractor. All repairs will be done according to the City's
*- repair standards.
BORING: .
Before boring contact the following:
Energas
Lubbock Water & Sewer
Southwestern Bell Telephone
NOTE:
Water Line: 20", 8", 10" - 4' Down approximately
Gas Line: 4", 3", 2' - 4' Down approximately.
Telephone Line:
r- •
v Sewer: 10" - 21' Feet Down approximately.
Bore under all streets and driveways.
Traffic Engineering DepartrIent
12-2°- 6
Revised: 11-5-81
MAP IN FILE
SEE
RESOLUTION