HomeMy WebLinkAboutResolution - 3339 - Contract - All Texas Builders Inc - Conncession Stand Renovation, Helen Hodges - 03_22_1990Resolution # 3339
March 22, 1990
Item #31A
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RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract by and
between the City of Lubbock and All Texas Builders, Inc. for Helen Hodges Con-
cession Stand Facilities Renovation, 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 22nd day of March , 1990.
B. C. McM N , MAYOR
ngte Boyd, City Secretory
APPROVED/`A TO CONTENT:
7
Gene Ea s, 'Purchasing -Manager
APPROVED AS TO FORM:
a Iri-Li
paro d Wi ar Assistant City
Attorney
K333 9
CHANGE ORDER NUMBER ONE
BID NUMBER 10543
TO: All Texas Builders, Inc.
P.O. Box 3486
Lubbock, Texas 79452
Original Amount of Contract
Amount Previous Change Orders
Net Amount this Change Order
Amended Amount of Contract
Percentage Change of Contract Price is 9%
Additional Time of Completion is 0 days
The Date of Substantial Completionsjy,X--?7—"
as of this Change Order is July 14, 1990.
$47,934.00
-0-
(4, 465. 00)
$ 43,469.00
WHEREAS, it is desirable to make changes in the plans and
specifications for this project.
THIS AGREEMENT WITNESSED: The contractor to furnish all labor and
material to make changes as per the attached list.
IN WITNESS WHEREOF, the Owner and the Contractor have hereto set
their hands this the day of 1990.
CONTRACTOR:
All Texas Buil s In .
B �
t y
TITLE ^
Attest:
Az6k-z"-1;
Secretary
OWNER:
City Of Lubbock
BY: S
Deputy City Manager
APPROVED AS TO CONTENT., �,X �//�
Jam..
CHANGE ORDER REQUEST #1
BID #10543
HELEN HODGES CONCESSION STAND
The work involved with this change order would include the following contract deletions:
* Sidewalks ................................................... $ (401.00)
Delete all except 16 LF in front of serving windows.
Roofing ..................................................... (2,030.00)
Change to a Modified Roof with a 2-year guarantee in
lieu of a tapered roof deck.
* Hollow Metal ............................................... (158.00)
Change exterior frames to 16 ga.
Change exterior doors to 20 ga.
* Finish Hardware .............................................. (371.00)
Delete interior deadlock at storage room.
Change interior passage and privacy from
heavy duty to standard duty.
Change exterior closures from heavy duty
hold -open to standard duty non -hold -open.
Change hinges from ball -bearing to
plain -bearing.
Change weatherstrip from jamb -up type to
adhesive foam tape.
* Glass & Glazing .............................................. (727.00)
Change to single -hung in lieu of casement.
Change to Reynolds serving window in lieu
of Nisson.
* Toilet Accessories ........................................... (78.00)
Change paper towel holder from stainless
steel to steel -painted white.
Change toilet paper holder from stainless
steel to chrome -plated steel with
thief -resistant roller.
Change grab -bar from "L" shaped to two (2)
individual grab -bars (1 @ 36" & 1 @ 48").
Change mirror from a stainless steel frame
to a frameless mirror.
* Electrical ............................................. (700.00)
Deletion of the three (3) heaters.
Panel change from commercial to residential.
TOTAL AMOUNT OF CHANGE ORDER .................................... $ (4,465.00)
JS:sh
3/30/90
I� 333q
CITY OF LUBBOCK
SPECIFICATIONS
FOR
HELEN HODGES CONCESSION STAND
FACILITIES RENOVATION
BID # 10543
CITY OF LUBBOCK
Lubbock, Texas
MAILED TO VENDOR: 02-05-90
CLOSE: 02-08-90 2:00 P.M.
BID # 10543
ADDENDUM # 1
PLEASE MODIFY OR AMEND CONTRACT DOCUMENTS PER THE ATTACHED
PAGES.
4LBOCY,
CITY
PURCHASING OFFICE
PLEASE RETURN ONE COPY WITH YOUR BID
ADDENDUM NO. 1
Date: February 2, 1990
Project: 8912
Atcheson & Associates
4601 50th Street
Suite 203
Lubbock, Texas 79414-3515
806-793-8292
�. HELEN HODGES CONCESSION
STAND FACILITIES RENOVATION
AT HELEN HODGES PARK
UNIVERSITY AND MARSHALL ST.
LUBBOCK, TEXAS
NOTICE TO ALL BIDDERS:
The following shall be incorporated in and shall be a part of the
original Drawings and Project Manual for the Above identified
project. Please acknowledge receipt of this ADDENDUM by noting
it in your Proposal.
1. In the Project Manual, Section 02200 - EARTHWORK, on page 2,
omit paragraph on compaction. Compaction will not be required at
the floor slab. Bidders are cautioned to verify existing rock
conditions at the site due to unavailable subsurface
investigation.
2. ,In the Project Manual, Section 05580 - SHEET METAL
" FABRICATIONS, on page 1, under paragraph "Sheet Metal Materials",
change galvanized steel sheet specified to stainless steel sheet:
ASTM A 167, Typo 302/304, satin finish.
3.. On the Drawings, FLOOR PLAN on Sheet 1 of 3; SECTION 1/2 and
WALL SECTION 2/2 on Sheet 2 of 3, change all references to 24 ga.
galvanized iron cabinet tops to plastic laminate except at the
1'-4" serving counter at the serving window. Change the counter
top material at this window to stainless steel as specified above
in Item No. 2. Provide plywood for all cabinet tops instead of
particleboard specified.
4. In the Project Manual, Section 09250 - GYPSUM DRYWALL, on
page 1, in paragraph "Gypsum Board Installation", omit last
sentence referencing sound attenuation blankets. Sound
attenuation blankets are not required.
ADDENDUM NO. 1
PAGE 1
5. On the Drawings, FLOOR PLAN, on Sheet 1, please note that a
suspended acoustical ceiling will be required for the KITCHEN,
TOILET and STORAGE. Ceiling will be vinyl covered gypsum panels
equal to USG No. 3270, 1/2" x 2' x 4' with an indermediate-duty
aluminum suspension system equal to Donn No. DX. Ceiling height
will be at 8'-6" minimum. All ceiling -mounted electrical
fixtures shown mounted to structural elements will have to be
relocated to the ceiling. Studs will continue to the metal deck
above.
6. On the Drawings, studs are indicated and specified as wood.
Metal studs complying with ASTM C 645, 0.0179 inch base metal
will be acceptable.
7. On the Drawings, FIRST FLOOR PLUMBING PLAN, on Sheet 3 of 3,
note the addition of a Wade W-5335 precast grease trap to be
placed below grade on the outside of the building after the
kitchen sink before connection to the building drain. Install as
recommended by manufacturer.
B. On the Drawings, SITE PLAN, on Sheet 1 of 3, note that the
Owner will furnish a water main from Marshall Street to the
property line and will set a 3/4" water meter just to the north
of the building. The Contractor will provide a water connection
to the building at the meter. The Owner will also furnish
sanitary sewer from University Avenue across the north boundary
of the site to approximately 10 feet from the building. The
Contractor will provide a connection at this point. The Owner
will furnish electrical service to the building. The Contractor
will provide necessary connections to this service. Verify all
exact utility locations.
9. On the Drawings, FIRST and SECOND FLOOR ELECTRICAL PLAN, on
Sheet 3 of 3, a phone jack will be added in the KITCHEN and one
phone jack will be added to the Second Floor BOOTH. Locations
will be as directed.
ADDENDUM NO. 1
PAGE 2
MAILED TO VENDOR: 02-06-90
CLOSE: 02-08-90 2:00 P.M.
PLEASE REPLACE EXHIBIT B, WAGE DETERMINATIONS OF SPECIFICATIONS,
WITH THE ATTACHED SHEETS.
9THA Y4LU
CITY OFfC:401
PURCHASING OFFICE
PLEASE RETURN ONE COPY WITH YOUR BID
U.S. Department of Labor
GENERAL WAGE DECISION NO. TX90-15/433 O
Supersedes General Wage Decision No. TX89-15
State: TEXAS
County(ies): Lubbock
Construction
Type: Building
Construction
Description: Building Construction Projects (does not include single
family homes & apartments up to & including 4 stories).
(Use current heavy & highway general wage determination
for Paving & Utilities Incidental to Building
Construction).
Modification Record: -.
No. Publication Date Page No.(s)
.�. L)epartment of Labor
Tx90-15/330
Basic
Fringe
Hourly
Benefits
Rates
ACOUSTICAL CEILING and DRYWALL MECHANICS
10.00
.25
^" BRICKLAYERS
11.74
CARPENTERS
11-.57
2.23
ELECTRICIANS
13.25
2.75+ 3.25%
GLAZIERS
9.50
r.. LABORERS
5.95
LATHERS
11.17
MASON TENDERS
6.25
PAINTERS
10.50
PLASTERERS
11.17
PLUMBERS (Including HVAC):
Mechanical contracts $150,000 or less
10.50
1.59
- Mechanical contracts over $150,000
15.00
1.59
ROOFERS
9.71
SHEET METAL WORKERS (Including Duct
Work)
8.80
.69
SPRINKLER FITTERS
17.70
3.55
POWER EQUIPMENT OPERATORS:
Backhoe
p--
10.50
.42
Unlisted classifications needed for work
not included
within the scope
of the classifications listed may be added after award
only as
r— provided in the labor standards contract
clauses (29 CFR,
5.5 (a) (i)
(ii)). -- -
--
_
Vol. 11 1024
U.S. Department of Labor
4P,
GENERAL WAGE DECISION NO. TX9O-39 1310
Supercedes General Wage Decision No. TXSS-39
- State: TEXAS
County(ies): 'ZONE 1 - Baily, Borden, Cochran, Cottle, Crosby, Dawson,
Dickens, Fisher, Floyd, Foard, Gaines, Garza,
Hale, Haskell, Hockley, Jones, Kent, King,
Knox, Lamb, Lynn, Motley, Scurry, Shackleford,
Stephens, Stonewall, Terry, Throckmorton,
Yoakum & Young
ZONE 2 - Lubbock
Construction
Type: Heavy & Highway .
Construction
Description: Heavy (excluding tunnels & dams) and Highway Projects
(does not include building structures in rest area
projects)
Modification Record:
No. Publication Date Page No.(s)
U.S. Department of Labor
TXSO-39
Basic Basic
Hourly Hourly
Rates Rates
(ZONE 1 (ZONE 2
•ASPHALT HEATER OPERATOR 6.60 7.50
.ASPHALT RAKER
'" 6.30 7.30
.3BATCHING PLANT SCALE OPERATOR 60 8.0
,,.,,CARPENTER 8.00
✓CARPENTER HELPER 7.00 6.30
.- CONCRETE FINISHER (PAVING) 7.40 8.00
CONCRETE FINISHER (STRUCTURES) 7.15 7.55
CONCRETE FINISHER HELPER (STRUCTURES) 6.75 7.00
ELECTRICIAN - 12.45
FORM BUILDER (STRUCTURES) 7.00 6.50
FORM BUILDER HELPER (STRUCTURES) 6.65 -
FORM SETTER (STRUCTURES) 7.65 7.25
FORM SETTER HELPER (STRUCTURES) 6.85 6.70
LABORER, COMMON 6.10 6.30
LABORER, UTILITY 6.65 6.95
MECHANIC 9.60 11.00
MECHANIC HELPER 8.65 8.75
OILER 6.80 6.85
SERVICER 7.25 6.75
PIPELAYER _ 7.00
BLASTER 7.90 _
REINFORCING STEEL SETTER (STRUCTURES) 7.25 11.40
REINFORCING STEEL. SETTER HELPER - --- - -- -
- 8.60 ---
SPREADER BOX OPERATOR 7.25 -
POWER EQUIPMENT OPERATORS:
Asphalt Distributor 7.65 8.00
Asphalt Paving Machine 7.80 8.35
Broom or Sweeper Operator 6.45 -
Bulldozer 150 HP & Less 7.40 7.00
Bulldozer over 150 HP 8.10 -
Concrete Paving Finishing Machine - 9.00
Concrete Paving Joint Machine - 6.30
Concrete Paving Saw I - 8.75
Concrete Paving Mixer 6.50 -
Concrete Paving Spreader _ _
Crane, Clamshell, Backhoe, Derrick,
Dragline, Shovel (less than 1 1/2 CY) 8.25 8.65
Crane, Clamshell, Backhoe, Derrick,
Dragline, Shovel (1 1/2 CY & Over) 9.30 8.65
Crusher or Screening Plant Operator 8.00 6.30
Foundation Drill Operator (Truck
Mounted) 9.00 10.40
Front End Loader (2 1/2 CY & less) -7.30 7.75
Front End Loader (Over 2 1/2 CY) 8.00 7.80
Motor Grader Operator, Fine Grade 10.05 10.90
Motor Grader Operator 8.95 9.85
Roller, Steel Wheel (Plant -Mix Pave-
ment) 6,85 7.10
Roller, Steel Wheel (Other -Flat Wheel
or Tamping) 6.10 6.45
Roller, Pneumatic (Self -Propelled) 6.10 6.55
�... Vol. 11 1092
r U.S. Department of Labor
C
TX90-39/3/jP
Scrapers (17 CY & Less)
6.75
6.95
Scrapers (Over 17 CY)
7.50
7.30
Tractor (Crawler Type) over 150 HP
7.60
8.50
Tractor (Pneumatic) 80 HP & Less
6 . 10
6.30
Tractor (Pneumatic) over 80 HP
6.50
6.50
Wagon Drill. Boring Machine or Post
Hole Driller Operator
6.75
-
"" TRUCK DRIVERS:
Single Axle, Light
6.10
6.30
Single Axle, Heavy
6.70
6.40
Tandem Axle or Semitrailer
6.60
7.00
Lowboy - Float
7.35
-
Vibrator (Hand Type)
6.25
-
Unlisted classifications needed for work not included within the
scope of the classifications listed may be added after award only as
provided in the labor standards contract clauses (29 CFR, 5.5 (a) (1)
(11)).
CITY OF LUBBOCK
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SPECIFICATIONS
FOR
TITLE: HELEN HODGES CONCESSION STAND FACILITIES
RENOVATION
ADDRESS: MARSHALL & N. UNIVERSITY
CDWO: 3113-599103-0001
BID NO.: 10543
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
(This page left blank intentionally)
INDEX
1.- NOTICE TO BIDDERS
2. INFORMATION FOR BIDDERS
3. BID PROPOSAL - BID FOR LUMP SUM CONTRACTS
4. BID PROPOSAL - BID FOR UNIT PRICE
5. PAYMENT BOND (FOR CONTRACTS IN EXCESS OF $251000)
6. PERFORMANCE BOND (FOR CONTRACTS IN EXCESS OF $251000)
7. CERTIFICATE OF INSURANCE
8. HUD CERTIFICATIONS
9. CONTRACT
10. GENERAL CONDITIONS OF THE AGREEMENT
11. EXHIBITS
A. Copeland Anti -Kickback Regulations
B. Current Wave Determinations
12. SPECIAL CONDITIONS OF THE AGREEMENT Y'
-13. SPECIFICATIONS (TO BE PROVIDED BY ENGINEERS)
14. SPECIAL CONDITIONS (TO BE PROVIDED BY ENGINEERS)
15. NOTICE OF ACCEPTAN-CE
(This page left blank intentionally)
NOTICE TO BIDDERS
(This page left blank intentionally)
NOTICE TO BIDDERS
CDWO 3113-599103-0001
COMMUNITY DEVELOPMENT BLOCK GRANT
CITY OF LUBBOCK
BID # 10543
Sealed proposals addressed to Gene Eads, Purchasing Manager, City of Lubbock,
Texas, will be received at the Purchasing Office, Municipal Building, 1625
�- 13th Street, Room L-04, Lubbock, Texas 79401 until 2:00 o'clock p.m., on
the 8th day of February, 1990, or as changed by the issuance of formal
addenda to all planholders, to furnish all labor and materials and perform all
work for the construction of the following project:
HELEN HODGES CONCESSION STAND FACILITIES RENOVATION
Bidders are also required to submit a signed certification in compliance with
Section 109 of Pub. L. 100-202 regarding restrictions on the Award of Certain
Contracts and Subcontracts to Foreign Countries.
Bidders are required to submit a cashier's or certified check or bid bond in
the amount of 5% of the total bid and the successful bidder shall provide bond
in full amount of the contract executed by a surety company authorized to do
business in Texas.
The above described project will be paid for in cash by the Community
Development Block Grant received by the City from the Department of Housing
and Urban Development. The contract for this project must comply with all
applicable Federal laws and regulations including the payment of federal
minimum wages under the provision of the Davis -Bacon Act, and the compliance
with the provisions of equal employment opportunities and under Section 3
Affirmative Action and Executive Order 11246.
Plans and Specifications are on file at the Purchasing Office and may be
obtained at the office of Gene Eads, C. P. M., Purchasing Manager, Room L-04,
Municipal Building, 1625 13th Street, Lubbock, Texas, 79401.
There will be a pre -bid conference on January 30, 1990 at to : oo o' clock
a.m., Committee Room 103, Municipal Building, 1625 13th Street.
CITY OF UBBOCK, TEXAS
/ z
Y: GG6ne Eads, C.P.M.
Purchasing Manager
(This page left blank intentionally)
P_
CERTIFICATION IN COMPLIANCE WITH
r" SECTION 109 OF PUB. L. 100-202
REGARDING RESTRICTIONS ON THE AWARD
OF CERTAIN CONTRACTS AND SUBCONTRACTS
,- TO FOREIGN COUNTRIES
(a) Definitions. The definitions pertaining to this provision are
those that are set forth in the clause entitled "Restrictions on
Public Works Projects."
(b) Certification. Except as provided in paragraph (c) of this
provision, by submission of its bid or proposal, the bidder
certifies that it -
(1) Is not a Contractor of a foreign country included on the
list of countries that discriminate against U.S. firms
published by the Office of the United States Trade
Representative (USTR) (see paragraph (h) of this provision);
(2) Has not or will not enter into any subcontract with a
•- subcontractor of a foreign country included on the list of
countries that discriminate against U.S. firms published by
the USTR; and
(3) Will not provide any product of a country included on the
list of foreign countries that discriminate against U.S.
firms published by the USTR.
(c) Inability to certify. A bidder unable to certify in accordance
with paragraph (b) of this provision shall submit with its offer
a written explanation fully describing the reasons for its
inability to make the certification.
(d) Applicability of 18 U.S.C. 1001. The certification in paragraph
(b) of this provision concerns a matter within the jurisdiction
of an agency of the United States, and the making of a false,
fictitious, or fraudulent certification may render the maker
subject to prosecution under -Title 18, U.S.C. 1001.
(e) Notice. The bidder shall provide immediate written notice to the
Contracting Officer if, at any time before the contract award,
the bidder learns that its certification was erroneous when
submitted or has become erroneous by reason of changed
circumstances.
(f) Restrictions on contract award. Unless a waiver to these
restrictions is granted by the Secretary of Housing and Urban
Development, no contract will be awarded to a bidder (1) who is
owned or controlled by a citizen or national of a foreign country
included on the list of foreign countries that discriminate
.. against U.S. firms published by the USTR, (2) whose subcon-
tractors are owned or controlled by citizens or nationals of a
foreign country on the USTR list, or (3) who incorporates any
product of a foreign country on the USTR list in the public works
project.
(g) Recordkeeping. Nothing contained in the foregoing shall be
construed to require establishment of a system of records in
order to render, in good faith, the certification required by
paragraph (b) of this provision. The knowledge and information
of a bidder is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business
dealings.
(h) USTR list. The USTR published an initial list in the Federal
Register on December 30, 1987 (53 FR 49244), which identified one
country - Japan. The USTR can add countries to the list, and
remove countries from it, in accordance with section 109(c) of
Pub. L. 100-202.
Contractor
By:
(Seal if Bidder is a Corporation)
ATTEST:
Secretary
Restrictions on Public Buildings and Public Works Projects
( a) Definitions.
"Component," as used in this clause, means those articles,
materials, and supplies incorporated directly into the product.
r-
"Contractor or subcontractor of a foreign country," as used in
this clause, means any Contractor or subcontractor that is a
citizen or national of a foreign country or is controlled
directly or indirectly by citizens or nationals of a foreign
country. A contractor or subcontractor shall be considered to be
a citizen or national of a foreign country, or controlled
directly or indirectly by citizens or nationals of a foreign
.... country -
(1) If 50 percent or more of the Contractor or sub-
contractor is owned by a citizen or national of the
foreign country;
(2) If the title to 50 percent or more of the stock of the
Contractor or subcontractor is held subject to trust or
fiduciary obligation in favor of citizens or nationals
of the foreign country.
(3) If 50 percent or more of the voting power in the
Contractor or subcontractor is vested in or exercisable
on behalf of a citizen or national of the foreign
country;
(4) In the case of a partnership, if any general partner is
a citizen of the foreign country;
(5) In the case of a corporation, if its president or other
chief executive officer or the chairman of its board of
directors is a citizen of the foreign country or the
majority of any number of its directors necessary to
constitute a quorum are citizens of the foreign country
or the corporation is organized under the laws of the
foreign country or any subdivision, territory, or
possession thereof; or
(6) In the case of a contractor or subcontractor who is a
joint venture, if any participant firm is a citizen or
national of a foreign country or meets any of the
criteria in subparagraphs (a)(1) through (5) of this
clause.
"Product," as used in this clause, means construction materials -
i.e., articles, materials, and supplies brought to the
construction site for incorporation into the public works
project, including permanently affixed equipment, instruments,
utilities, electronic or other devices, but not including
vehicles or construction equipment. In determining the origin of
a product, the City of Lubbock will consider a product as
produced -in a foreign country if it has been assembled or
manufactured in the foreign country, or if the cost of the
components mined, produced, or manufactured in the foreign
country exceed 50 percent of the cost of all its components.
(b) Restrictions.
The Contractor shall not (1) knowingly enter into any subcontract
under this contract with a subcontractor of a foreign country
included on the list of countries that discriminate against U.S.
firms published by the United States Trade Representative (see
paragraph (c) of this clause), or (2) supply any product under
this contract of a country included on the list of foreign
countries that discriminate against U.S. firms published by the
USTR.
(c) USTR list.
The USTR published an.initial list in the Federal Register on
December 30, 1987 (53 FR 49244), which identified one country -
Japan. The USTR can add other countries to the list, or remove
countries from it, in accordance with section 109(c) of Pub.L.
100-202.
(d) Certification.
The Contractor may rely upon the certification of a prospective
subcontractor that it is not a subcontractor of a foreign country
included on the list of countries that discriminate against U.S.
firms published by the USTR and that products supplied by such
subcontractor for use on the Federal public works project under
this contract are not products of a foreign country included on
the list of foreign countries that discriminate against U.S.
firms published by the USTR, unless such Contractor has knowledge
that the certification is erroneous.
(e) Subcontracts.
The Contractor shall incorporate this clause, modified only for
the purpose of properly identifying the parties, in all
subcontracts. This paragraph (e) shall also be incorporated in
all subcontracts.
INFORMATION FOR BIDDERS
(This page left blank intentionally)
INFORMATION FOR BIDDERS
1. Receipt and Opening of Bids
The City of Lubbock (herein called the "Owner"), invites bids
�°► on the form attached hereto, all blanks of which must be
appropriately filled in. Bids will be received by the Owner
at the office of Gene Eads, Purchasing Manager, City of
Lubbock, Texas until 2:00 o'clock p.m., on the 8th day of
February, 1990, and then at said office publicly opened and
read aloud. The envelopes containing the bids must be
sealed, addressed to Gene Eads, Purchasing Manager, at
Municipal Building, 1625 13th Street, (Room L04), Lubbock,
Texas 79401 and designated as Bid for HELEN HODGES
CONCESSION STAND FACILITIES RENOVATON.
The Owner may consider as informal any bid not prepared and
submitted in accordance with the provisions hereof and may
waive any informalities or reject any and all bids. Any bid
may be withdrawn prior to the above scheduled time for the
opening of bids or authorized postponement thereof. Any bid
received after the time and date specified shall not be
considered. No bidder may withdraw a bid within thirty (30)
days after the actual date of the opening thereof.
2. Preparation of Bid
Each bid must be submitted in a sealed envelope bearing on
the outside the name of the bidder, his address and the
name of the project for which the bid is submitted. If
forwarded by mail, the sealed envelope containing the bid
must be enclosed in another envelope addressed as specified
in the bid form.
3. Subcontracts
The bidder is specifically advised that any person, firm, or
other party to whom the bidder proposes to award a subcon-
tract under this Contract must be acceptable to the Owner
^, after verification by the Community Development Department
of the City of Lubbock.
The bidder should submit to the Owner a list of proposed
subcontractors which consists of each subcontractor's legal
name and business address. Although there is no requirement
that this list be submitted with a bid, the Owner requests
that such list be attached to said bid so that appropriate
action can be taken to prevent subsequent delay in subcon-
tract awards.
r-
- 1 -
4. Telegraphic Modification
Any bidder may modify his bid by telegraphic communication
at any time prior to the scheduled closing time .for receipt of bids, provided such telegraphic communication is received.-=
by the Owner prior to the closing time and, provided
further, the Owner is satisfied that a written confirmation _
of the telegraphic modification over the signature of the
bidder was mailed prior to the closing time. The telegra-
phic communication should not reveal the bid price but
should provide the addition or subtraction or other modi-
fication so that the final prices or terms will not be known
by the Owner until the sealed bid is opened. If written
confirmation is not received within two (2) days from the _
closing time, no consideration will -be given to the tele-
graphic modification.
5. Qualifications of Bidder
The Owner may make such investigations as he deems necessary
to determine the ability of the bidder to perform the work,
and the bidder shall furnish to the Owner all such informa-
tion and data for this purpose as the Owner may request.
The Owner reserves the right to reject any bid if the
evidence submitted by, or investigation of, such bidder
fails to satisfy the Owner that such bidder is properly
qualified to carry out the obligations of the Contract and
to complete the work contemplated therein. Conditional bids
will not be accepted. Bidder must be acceptable to the
Owner after verification by the HUD Area Office of the
bidder's current eligibility status.
6. Bid Security
--Each bid must be accompanied by cash, certified check of the
bidder or a bid bond duly executed by the bidder and issued
by a surety company approved by,.the Owner, in the amount of
5A of the bid. Such cash, checks or bid bonds will be
returned to all except the three lowest bidders within three
(3) days after the opening of bids, and the remaining cash,
checks or bid bonds will be returned promptly after the
Owner and the accepted bidder have executed the Contract,
or, if no award has been made within thirty (30) days after
the date of the opening of bids, upon demand of the bidder
at any time thereafter, so long as he has not been notified
of the acceptance of his bid.
2
The successful bidder, upon his failure or refusal to execute
and deliver the Contract, certificate of insurance and bonds
-- required within ten (ten) days after he has received notice
of the acceptance of his bid, shall forfeit to the Owner the
security deposited with his bid.
r 7. Time of Completion and Liquidated Damages
Bidder must agree to commence work on or before a date to be
specified in a written "Notice to Proceed" of the Owner and
to fully complete the project within _(90) ninety days
thereafter. Bidder must agree also to pay as liquidated
damages the sum of $50.00 (fifty) for each consecutive
calendar day thereafter in which the project is not fully
completed.
S. Conditions of Work
Each bidder must inform himself fully of the conditions
relating to the construction of the project and the
employment of labor thereon. Failure to do so will not
relieve a successful bidder of his obligation to furnish all
r- material and labor necessary to carry out the provisions of
his Contract. Insofar as possible the Contractor, in
carrying out his work must employ such methods or means as
will not cause any interruption of or interference with the
work of any other contractor.
9. Addenda and Interpretations
No interpretation of the meaning of the plans, specifications
or other pre -bid documents will be made to any bidder orally.
Every request for such interpretation should be in writing
and addressed to Gene Eads, C.P.M., Purchasing Manager
at P.O. Box 2000 Lubbock TX 79457
and to be given consideration must be received at least five
(5) days prior to the date fixed for the opening of bids.
Any and all such interpretations and any supplemental
instruction will be in the form of written addenda to the
specifications which, if issued, will be mailed by certified
mail with return receipt requested to all prospective
bidders (at the respective addresses furnished for such
purposes), not later than three (3) days prior to the date
fixed for the opening of bids. Failure of any bidder to
receive any such addendum or interpretation shall not
--'3 -
7
10.
relieve such bidder from any obligation under his bid as
submitted. All addenda so issued shall become part of the
Contract Documents.
Performance Bond and Payment Bond (Contract in Excess of
$25,000)
The successful bidder shall be required to furnish a
performance bond and payment bond in accordance with Article
5160, Vernon's Annotated Civil Statutes, in the amount of
100% of the total Contract price, in the event said Contract
price exceeds $25,000.00. If the contract price does not
exceed $25,000.00, the statutory bonds will not be required.
All bonds, if required, shall be submitted on the forms supplied
by the Owner, and executed by an approved Surety Company
authorized to do business in the State of Texas. And it is
further agreed that this Contract shall be in effect until such
bonds are so furnished. Said statutory bonds should be issued by
a Company carrying a current Best Rating of B or superior, as the
rating of the bond company is a factor that will be considered in
determination the lowest responsible bidder.
11. Power of Attorney
Attorneys -in -fact who sign bid bonds
file with each bond a certified and
their power of attorney.
12. Notice of Special Conditions
or contract bonds must
effectively dated copy of
Attention is particularly called to those parts of the Contract
Documents and specifications which deal with the following:
(a) Inspection and testing of materials.
(b) Insurance requirements.
(c) Wage rates.
13. Laws and Regulations
The bidder's attention is directed to the fact that all
applicable State laws, municipal ordinances and the rules
and regulations of all authorities having jurisdiction over
construction of the project shall apply to the Contract
throughout, and they will be deemed to be included in the
Contract the same as though herein written out in full.
14. Obligation of Bidder
At the time of the opening of bids, each bidder will be
presumed to have inspected the site and to have read and to
4 -
be thoroughly familiar with the plans and Contract Documents
as defined in the General Conditions. The failure or
omission of any bidder to examine any form, instrument or
document shall in no way relieve any bidder from -any
obligation in respect of his bid.
If Plans and Specifications are too bulky or cumbersome to
... be physically bound to the Contract Documents, they are to
be considered incorporated by reference into the aforemen-
tioned Contract Documents.
15. Texas State Sales Tax
This Contract is issued by an organization which qualifies
for exemption pursuant to the provisions of Article 20.04 of
the Texas Limited Sales, Excise and Use Tax Act.
�. The Contractor must obtain a limited sales, excise and use
tax permit which shall enable him to buy the materials to be
incorporated into the work without paying the tax at the
time of purchase.
16. Materials and Workmanship
The intent of these Contract Documents is that only mate-
rials and workmanship of the best quality and grade will be
furnished. The fact that the specifications may fail to be
sufficiently complete in some detail will not relieve the
Contractor of full responsibility for providing materials of
high quality and for protecting them adequately until
incorporated into the project. The presence or absence of a
representative of the City on the construction site will not
relieve.the Contractor of full responsibility for complying
with this provision. The specifications for materials and
--� methods set forth in the Contract Documents provide minimum
standards of quality which the Owner believes necessary to
procure a satisfactory project..
17. Protection of the Work
The Contractor shall be responsible for the care, preser-
vation, conservation and protection of all materials,
supplies, machinery, equipment, tools, apparatus, acces-
sories, facilities and all means of construction, and any
�- and all parts of the work, whether the Contractor has been
paid, partially paid or not paid for such work, until the
date the City issues its certificate of completion to the
5 -
Contractor. The City reserves the right, after the bids
have been opened and before the Contract has been awarded,
to require of a bidder the following information:
(a) The experience record of the bidder, showing completed -_
of a similar nature to the one covered by the
proposed Contract and all work in progress, with bond
amounts and percentage of work completed.
(b) A sworn statement of the current financial condition of
the bidder.
(c) An equipment schedule.
18. Protection of Subsurface Lines and Structures
It shall be the Contractor's responsibility to prosecute the
work contemplated by the Contract Documents in such a way as
to exercise due care to locate and prevent damage to all
underground pipelines, utility lines, conduits or other
underground structures which might or could be damaged by
Contractor during the construction of the project contem-
plated by these Contract Documents. The City of Lubbock
agrees that it will furnish Contractor with information as
to the location of all such underground lines and utilities
of which it has knowledge. However, such fact shall not
relieve the Contractor of his responsibilities aforemen-
tioned. All such underground lines or structures cut or
damaged by Contractor during the prosecution of the work
contemplated by this Contract shall be repaired immediately
by the Contractor to the satisfaction of the City of
Lubbock, Texas, at Contractor's expense.
19. Contractor's Representative
The successful bidder shall be required to have a respon-
sible local representative available at all times while the
work is in progress under this Contract. The successful
bidder shall be required to furnish the name, address and
telephone number where such local representative may be
reached during the time that the work contemplated by this
Contract is in progress.
6 -
20. Provisions Concerning Escalator Clauses
Proposals submitted•containing any conditions which provide
for changes in the stated bid price due to increases in the
cost of materials, labor or other items required for the —
project will be rejected and returned to the bidder without
being considered.
7 -
(This page left blank intentionally)
BID PROPOSAL - BID FOR LUMP SUM CONTRACTS
(This page left blank intentionally)
7y 'Proposal of All Texas Builders. Inc. (hereinafter
v called °Bidder")
a,
k To the Honorable Mayor and City Council
4City of Lubbock, -;Texas (hereinafter called "Owner")
i
Gentlemen •
t tl4
The Bidder, An compliance with your invitation for bids for
the construction of; Helen Hodges Concession Stand Facilities Renovation
having carefully examined the plans, specifications, instructions
to bidders, notice to bidders and all other related Contract
Documents and the site of the proposed work, and being familiar
with all of the conditions_ surrounding the construction of the
--
proposed project, including the availability of materials and
labor, hereby proposes to furnish all labor, materials and
supplies and to construct the -project in accordance with the
plans, specifications and Contract Documents, within the time set
^
forth therein and at the price stated below. The price to cover
all expenses incurred in performing the work required under the
.Contract Documents, of which this proposal is to be�,e"rk, is as
follows •
Forty-seven thousand nine hundred thirty-four and no/100 'Cr ;
Amount shall be shown in both words and figures�6 'case of
.,,discrepancy,
the amount shown in words shall govern).``
Bidder hereby agrees to commence the work on the above
project on or before a date to be specified in a written "Notice
�-
to Proceed" of the Owner and to fully complete the project within
90 (NINETY) 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
$50.00 (FIFTY) for each consecutive calendar day in excess of
the time set forth hereinabove for completion of this project,
all as more fully set forth in the General Conditions of the
Contract Documents.
Bidder understands that the Owner reserves the right to
reject any or all bids and to waive any formality in the bidding.
Bidder agrees that this bid shall be good and may not be
withdrawn for a period of thirty (30) calendar days after the
scheduled closing time for receiving bids. -
The undersigned Bidder hereby declares that he has visited
,...... . the site of the work and has carefully examined the plans,
specifications and Contract Documents pertaining to the work
covered by this bid, and he further agrees to commence work on or
before the date specified in the written notice to proceed, and
�.:,`�'�>to-substantially complete the work on which he has bid; as
`provided in the Contract Documents.
Enclosed with the proposal is a Cashier's Check or Certified
Check for N/A Dollars
or a Proposal Bond in the sum of 5% of amount
of bid Dollars ($ 5% of Bid , 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
µ Documents and the required bonds (if any) within ten (10) days
after the date of receipt of written notification of acceptance
of said proposal; otherwise, said check or bid 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.
,xf`.•_,: ALL TEXAS BUILDERS, jjjC.
Contractor
BY.
T ny Ratliff
is a Corporation)
ATTEST:
o
Secretary
The FIDELITY AND DEPOSIT COMPANY OF MARYLAND
o FIDELITY AND DEPOSIT COMPANY
CO(T1F7e'IC11eS HOME OFFICES: BALTIMORE, MD. 21203
BID BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, All Texas Builders, Inc. ------------------------------------------------------------
P . O . Box 3 of the Contractor)
---------------------- L-uhbock,-- Texas--__Z9.452---------------------------------------------------------- ------------------------------------
-------------------------------------------------------------------------•-------------_., as Principal, (hereinafter called the "Principal"),
and ------- Fidelity___and__Dep osit--- Company_,, of Baltimore, :Maryland, a corporation duly organized
(here insert the name of the Surety)
under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety") are held and firmly bound
unto -- ------------- ------ - ------ ---- ---- - -- ---- ---
City of Lubbock, Lubbock, Texas
-
(Here insert the name and address or legal title of the. Owner)
------------------^.....----^----__...._...........--...-----...--......_._..._______.---.._.------.........---__...............--......----..........----........._...._._....._.--...---......
-----------------------------------------------------------------------------------------------------------------as Obligee, (hereinafter called the "Obligee"),
in the sum of._.._5 % Of amount of bid ......................Dollars ($------- 5_a----------------
),
-------------- ---------- ----------------------------------- -------------
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves,
our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for.....Helen Hodges _Concession Stand
..............
Facilities.- Renova 4R-----------------------------------------------------------------------------------------•----....-•---••----•---------......
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into
a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be
specified in the bidding or contract documents with good and sufficient surety for the faithful performance of
such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the
event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal
shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said
bid and such larger amount for which the Obligee may in good faith contract with another party to perform
the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this ......... 7th ...........................................day of ........ e}guar-y...................... A.D. 199-0.....
All 4AND
s Builders,' )Ind � ;
(SEAL)
�� lif �ncip l president
--------•-•----•....................................
Witness
... . .. •. ........_. j-' ...............................
liff- / Tzt1ePresident
[xJ FIDESIT COMPANY OF MARYLAND
❑ FIDELITY AND DEPOSIT COMPANY
Surely 1 `
--•-•.........................•-•---•---..........--•---•---..................................
Carolyn McJunkin Witness
B ... ��. �.+.+. "_. /l-�l..G........-•-•----•- t.......... \ ; 1
y. (SEAL)
Sharon Ward TileAtt-In-Fact
r C325 TX) —
Approved by The American Institute of architects,
A.I.A. Document NO. A-310 February 1970 $dition.
N
Fidelity and Deposit Company
OF MARYLAND
Fidelity and Deposit Company
HOME OFFICES: BALTIMORE
BID BOND
w
w
•
as
z
0
o
z
PLEASE READ YOUR BOND
`` y
- . The FIDELITY AND DEPOSIT COMPANY OF MARYLAND
FIDELITY AND DEPOSIT COMPANY
b
Compaties HOME OFFICES: BALTIMORE, MD. 21203
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the FIDELITY AND
DEPOSIT COMPANY, corporations of the State of Maryland, by R. W. BUDDENBOHN , Vice -President,
and M. J. SCHNEBELEN , Assistant Secretary, in puriv ce of auth granted by Article VI, Section 2 of
the respective By -Laws of said Companies, which are set forth o everse si f and are hereby certified to be in
full force and effect on the date hereof, do hereby nominate, to and Joe David Schoenig and
Sharon Ward, both of Lubbock, Texas, EA ...... ....
0
e true and lawful agent and Attorney -in -Fact of each, execu d deliver, for, and on its behalf as surety,
and as its apt and deed: anq and all bonds a Berta each in a penaltyy not to
exceed the sum of TWO MILLION FIVE D T D DOLLARS ($2,500,000)... EXCEPT
bonds on behalf of Independent Exe S, Co t Survivors an
ABU e execution o suchbonds or undertakings ce o presents, shall be as binding upon said Companies,
as frilly and amply, to all intents and purposes, ey had y executed and acknowledged by the regularly elected
officers of the respective Companies at their. in BaI . d., in their own proper persona.
This power of attorney revo a s hat i� on behalf of Joe David Schoenig, etal,
dated, ' April 1, 1988. Oj
IN WITNESS WHEREOF, the said Vice idents tent Secretaries have hereunto subscribed their names and affixed
.., the Corporate Seals of the said FIDELITY AND DE OMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY
this 19th ay of --April A.D. 1988
O
ATTEsT: ELITY AND DEPOSIT COMPW OF MARYLAND
_ By
$F�L Assiftant Secretary Vice -President
FIDELITY AND DEPOSIT COMPANY By _ &aJJ,—
SEAL
- ZAt Secretary Vice -President
STATE OF MARYLAND
CITY OF BALTIMORE S`"
On this 19th day of April , A.D. 19 88 , before the subscriber, a Notary Public of the State of Maryland, in
and for the City of Baltimore, duly commissioned and qualified, came the above -named Vice -Presidents and Assistant Secretaries of the FIDELI-
TY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY, to me personally known to be the
individuals and officers described herein and who executed the preceding instrument, and they each acknowledged the execution of the same,
and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid,
and that the seals affixed to the preceding instrument are the Corporate Seals, of said Companies, and that the said Corporate Seals and
their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal at the City of Baltimore the day and year
first above written.vdi
Public
40R[ t1'l My commission expires_. Jul TY 1 ;,'. 1990
CERTIFICATE
I, the undersigned Assistant Secretary of the FIDELITY AND DEPOSIT OF MARYLAND and the FIDELITY AND DEPOSIT
COMPANY do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and
effect on the date of this certificate; and I do further certify that the Vice -Presidents who executed the said Power of Attorney were Vice -
Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2 of the respective
By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY.
This certificate may be signed by facsimile under and by authority of resolutions of the Board of Directors of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969 and of the Board of Directors
of the FIDELITY AND DEPOSIT COMPANY at a meeting duly called and held on the 2nd day of November, 1978.
RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore
or hereafter, whenever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon
the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this
day of�SLE�a_
168-5173 U Assistant Secretary
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior
Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Commmittee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize
any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies,
contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature
of mortgages,... and to affix the seal of the. Company thereto."
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY
"Article V1, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior
Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize
any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies,
contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature
Of mortgages,... and to affix the seal of the Company thereto."
LM MJTX 1—Cd.
PAYMENT POND
(This page left blank intentionally)
The FIDELITY AND DEPOSIT COMPANY OF MARYLAND
F0FIDELITY AND DEPOSIT COMPANY
Companies HOME OFFICES : BALTIMORE, MD. 21203
BOND
STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5'&ST CHECK
_- ��ST RATING
OF THE REVISED CIVIL STATUTES OF TEXAS AS
AMENDED BY ACTS OF THE 56TH LEGISLATURE, 1959 LICENSED IN TEXAM
(Penalty of this bond must be 100% of Contract amount) DATE -1 y0 By
KNOW ALL MEN BY THESE PRESENTS:
That ,.____All Texas Builders, Inc.
- - --- --- ------------------- ---- ---- ----- ---------- - --------
P . C. HOR 3 4 63 (Here insert the name and address -or legal title of- the Contractor)
Lubbock, Texas 79452 _(hereinafter called the Principal), as Principal,
and______ Fidelity___and_ Deposit_ Company of Maryland________________________
(Here insert the name of the Surety)
a corporation organized and existing under the laws of the State of Maryland, with its principal office in the
City of Baltimore, (hereinafter called the Surety), as Surety, are -held and firmly bound unto ----------------------
__________ City of Lubbock, _ Lubbock,___Texas_________
- - - -- -
(Here insert the name of the Obligee)
---------------------------------•------------------------------------------------------------------------------(hereinafter called the Obligee),
in the amount of.__Forty Seven Thousand NineHundred Thirty Four Dollars
- - ---------------------------------------------------------------------------------------------------------------
(Here insert an amount equal to the total contract price)
and no/100---------------------------------
- _ Dollars ($..--...-)
for- the pa_-yment whereof, the said Principal and Surety bind themselves, and their heirs,-47,934.00 administr--ators,
executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the
twenty third March 90
.^-------------- ----• I ................................... day of.................................................................................... 19----------r
to do renovations to the Helen Hodges Concession Stand Facilities -
Bid #10543
which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at
length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said
*- Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution
of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force
and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the
Revised Civil Statutes of Texas, and all liabilities on this bond to all such claimants shall be determined in
accordance with the provisions of said Article to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this
- 2_f2k1----------------------------------- day of... !Unzh
.....................................
WITNESS: -----------------•--........................_ ..._---_. (SEAL)
--------------------- (SEAL)
(IF INDIVIDUAL OR FIRM) All Texas Bui s, Inc.
ATTE T: ----------------------- --- --- -------- --•- •. -y ------- (SEAL) -
t� '!c �� ...�?....--- ` G.... a� (SEAL)
(IF CORPORATION) Tony atlif f- Principal president
XX FIDELITY AND DEPOSIT COMPANY OF MARYLAND
❑ FIDELITY AND POSIT COMPANY
' , A Surety
Sharman Ward Joe David Schoen ia Att-In-Fart
Fidelity and Deposit Company
OF MARYLAND
Fidelity and Deposit Company
HOME OFFICES: BALTIMORE
PAYMENT BOND
O
1.
it
cz
PLEASE hEAD1 YOUR BOND
1
The FIDELITY AND DEPOSIT COMPANY OF MARYLAND
e -
FIDELITY AND DEPOSIT COMPANY
Companies HOME OFFICES: BALTIMORE, MD. 21203
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the FIDELITY AND
DEPOSIT COMPANY, corporations of the State of Maryland, by R. W. BUDDENBOHN , Vice -President,
and M. J. SCHNEBELEN , Assistant Secretary, in pur ce of auth granted by Article VI, Section 2 of
the respective By -Laws of said Companies, which are set forth o everse si e, eof and are hereby certified to be in
full force and effect on the date hereof, do hereby nominate, to and Joe David Schoenig and
Sharon Ward, both of Lubbock, Texas, EA ...... ....
0
e true ana lawful agent and Attorney -in -Fact of each, execu nd deliver, for, and on its behalf as surety,
and as its a and deed: any and all bonds a d'erta each in a penaltyp not to
exceed the sum of TWO MILLION FIVE D T D DOLLARS 02,500,OU ...EXCEPT
bonds on behalf of Independent Exe s, Co t Survivors an
or
as fully and amply, to all intents and purposes,
officers of the respective Companies at their
This power of attorney revo Im
dated, April 1, 1988.
IN WITNESS WHEREOF, the said Vice-Pi�,sidents
,.., the Corporate Seals of the said FIDELITY AND DEI
this 19 th n
Pce prents,shall be as binding upon said Companies,
ey hadexecutedand acknowledged by the regularly elected
in Bal 'in their own proper persons.
t i_in
of Joe David Schoenig, etal,
&tant Secretaries have hereunto subscribed their names and affixed
)MPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY
Of April , A.D. 1988
ATTEST: 4WLITY AND DEPOSIT COMPAMY OF MARYLAND
SEAL As tart Secretary y Vine -President
FIDELITY AND DEPOSIT COMPANY
�SEAL�
By 9' (-'/ aVaJ'r1_
A slant Secretary Vice -President
STATE OF MARYLAND
CITY OF BALTIMORE SS`
On this 19th day of April , A.D. 19 88 , before the subscriber, a Notary Public of the State of Maryland, in
and for the City of Baltimore, duly commissioned and qualified, came the above -named Vice -Presidents and Assistant Secretaries of the FIDELI-
TY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY, to me personally known to be the
individuals and officers described herein and who executed the preceding instrument, and they each acknowledged the execution of the same,
and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid,
and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and
their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal at the City of Baltimore the day and year
first above written.
e .
�� rower �s ry Public
My commission expires_ July 1;"1990
CERTIFICATE
I, the undersigned Assistant Secretary of the FIDELITY AND DEPOSIT OF MARYLAND and the FIDELITY AND DEPOSIT
COMPANY do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and
effect on the date of this certificate; and I do further certify that the Vice -Presidents who executed the said Power of Attorney were Vice -
Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2 of the respective
By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY.
This certificate may be signed by facsimile under and by authority of resolutions of the Board of Directors of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969 and of the Board of Directors
of the FIDELITY AND DEPOSIT COMPANY at a meeting duly called and held on the 2nd day of November, 1978.
RESOLVED: '"That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore
or hereafter, whenever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon
the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this
day of�/�'=-�
7
168-5 173 V Assistant Secretary
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior
Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Commmittee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize
any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies,
contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature
of mortgages,...and to affix the seal of the Company thereto."
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior
Vice -Presidents or Vice -Presidents .specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power,.by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice -Presidents; Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize
any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies,
contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature
of mortgages,...and to affix the seal of the Company thereto."
PERFORMANCE BOND
(This page left blank intentionally)
The FIDELITY AND DEPOSIT COMPANY OF MARYLAND
o FIDELITY AND DEPOSIT COMPANY
Companies HOME OFFICES: BALTIMORE, MD. 21203 -
r STATUTORY PERFORMANCE BOND PURSUANT TO ARTICL18QUCMECK
OF THE REVISED CIVIL STATUTES OF TEXAS AS BEST RATING.,
AMENDED BY ACTS OF THE 56TH LEGISLATURE, 195
110ENSED fly TEXA
(Penalty of this bond must be 100% of Contract amount) DATE 2-gZ ,. BY
KNOW ALL MEN BY THESE PRESENTS:
That,.------. All Texas Builders, Inc. - -- - - --
p . O. BOX 3486 (Here insert the name and address or legal title of the Contractor)
____________________Ituhbo_ck_,___Te.xa_s--- 7.94_S2----------------------- (hereinafter called the Principal), as Principal,
and._Fidelity and Deposit Company of Maryland
----------- ----------------------------------------------------------------------------------------------------
(Here insert the name of the Surety)
a corporation organized and existing under the laws of the State of Maryland, with its principal office in the
City of Baltimore, (hereinafter called the Surety), as Surety, are held and firmly bound unto______________________
City of Lubbock, Lubbock, Texas
---------------------- -------------------------------------------------------------------------------------------------------------------------------
(Here insert the name of the Obligee)
^-----------------------------------------------------------------------------------------------------------------(hereinafter called the Obligee),
in the amount of•-____Fflzty---Seise-n..Thousaud_ Nine--Hundred__7'birty__Four__Dollars-
(Here insert an amount equal to the total contract price)
and no/100------------------------------------- Dollars----------------------------
for47,934.00
�,. ----- - ------ -----------------------•-------•----------------------•---------------•------•----------- (...
the payment whereof, the said Principal and Surety bind themselves-, and their heirs, administrators,
executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the
2 3 rd
----------------------•-----•---------------•-----------------•-----------------dayof------March------•------------.._.__._.....-----------------..._...-----•-19.90
to do renovations to the Helen Hodges Concession Stand Facilities -
Bid #10543
which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at
length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said
Principal shall faithfully perform the work in accordance with the plans, specifications and contract docu-
ments, then this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the
Revised Civil Statutes of Texas, and all liabilities on this bond shall be determined in accordance with the
provisions of said Article to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this
26th March 9�9q0
----------- ------------------- ------------- _day of............................................................ itT.........
WITNESS: ............•......................................... .•----- ---(SEAL)
-------------•-•---........................................................ '1_w................... (SEAL)
(IF INDIVIDUAL OR FIRM)
All Texas Bu ders,.Inc.
ATTEST: o _.----------•------ - -- -r-• ....... ..---(SEAL)
............ ............. --- r ------(SEAL)
(IF CORPORATION) Tony/ Ratliff— rincipal president
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
❑ FIDELITY AND DEPOSIT COMPANY
►j/ l Sur
Loy
.... -- --` A _ --__--•---_--------------------------------• —........ _. V ....... _ ........... e -
r naoarr�r. Ch�rnn TAarr3 Joe David Schoenia— Att—Tn—Fact
Fidelity and. Deposit Lompany
OF MARYLAND
Fidelity and Deposit Company
HOME OFFICES: BALTIMORE
PERFORMANCE BOND
The FIDELITY AND DEPOSIT COMPANY OF MARYLAND
-, p FIDELITY AND DEPOSIT COMPANY
e
companies HOME OFFICES: BALTIMORE, MD. 21203
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the FIDELITY AND
DEPOSIT COMPANY, corporations of the State of Maryland, by R. W. BUDDENBOHN , Vice -President,
and M. J. SCHNEBELEN , Assistant Secretary, in p ce of&authgranted by Article VI, Section 2 of
the respective By -Laws of said Companies, which are set forth o eversand are hereby certified to be in
frill force and effect on the date hereof, do hereby nominate, to ande David Schoenig and
Sharon Ward, both of Lubbock, Texas, EA ......
0
e true an awful agent and Attorney -in -Fact of each, execurD'EOLLARS
d deliver, for, and on its behalf as surety,
and as its aqt and deed: any and all bonds a c�ertaeach in a penalty not to
exceed the sum of TWO MILLION FIVE D T ($2,500,000)... EXCEPT
bonds on behalf of Independent Exe s, Co t Survivors an
AZZI e execution o suchbonds or undertakings uance o presents, shall be as binding upon said Companies,
as fully and amply, to all intents and purposes, ey had y executed and acknowledged by the regularly elected
officers of the respective Companies at their in Balt' d., in.their own proper persons.
This power of attorney revo os hat i� on behalf of Joe David Schoenig, etal,
dated,'April 1, 1988. O
IN WITNESS WHEREOF, the said Vice-Pi�sidents ' tant Secretaries have hereunto subwxibed their names and affixed
the Corporate Seals of the said FIDELITY AND DE OMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY
this 19th ay, of April A.D. 1988
ATTEST: ALITY AND DEPOSIT COMP OF MARYLAND
CX/ A
SEAL BY w6,aj,,
Ass tent Secretary Vice-Preaident
M ..1
FIDELITY AND
DEPOSIT COMPANY
b4. I
- - ed��� By `` V
A slant Secretary Vice -President
STATE OF MARYLAND
CITY OF BALTIMORE SS:
On this 19th day of April , A.D. 19 88 , before the subscriber, a Notary Public of the State of Maryland, in
and for the City of Baltimore, duly commissioned and qualified, came the above -named Vice -Presidents and Assistant Secretaries of the FIDELI-
TY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY, to me personally known to be the
individuals and officers described herein and who executed the preceding instrument, and they each acknowledged the execution of the same,
and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid,
and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and
their signatures as such officers were duly affixed and subscriled to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal at the City of Baltimore the day and year
first above written.
lotky i{ 110T� Ie�: Public
*o�«� My commission expires July 1', 1990
CERTIFICATE
I, the undersigned Assistant Secretary of the FIDELITY AND DEPOSIT OF MARYLAND and the FIDELITY AND DEPOSIT
COMPANY do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct'oopy, is in full force and
effect on the date of this certificate; and I do further certify that the Vice -Presidents who executed the said Power of Attorney were Vice -
Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2 of the respective
By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the FIDELITY AND DEPOSIT COMPANY.
This certificate may be signed by facsimile under and by authority of resolutions of the Board of Directors of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969 and of the Board of Directors
of the FIDELITY AND DEPOSIT COMPANY at a meeting duly called and held on the 2nd day of November, 1978.
RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore
or hereafter, whenever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon
the Company with the same force and effect as though manually affixed."
''INTESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this
P�f//ZZ,,day of 199
168-5 173 Assistant Secretary
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior
Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Commmittee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize
any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies,
contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature
of mortgages,... and to affix the seal of the Company thereto."
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior
Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize
any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies,
contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature
of mortgages,... and to affix the seal of the Company thereto."
1,1419MM-CU.
11
CERTIFICATE OF INSURANCE
(This page left blank intentionally)
TRUCK INSURANCE EXCHANGE
,,.W.,...>.. INTERIM CERTIFICATE AS TO EVIDENCE OF INSURANCE
THIS IS NOT AN it
POLICY. THIS IS ONLY A VERIFICATION OF INSURANCE. IT DOES NOT IN ANY WAY AMEND, EXTEND OR ALTER THE
COVERAGE PROVIDED BY THE POLICIES LISTED BELOW.
Named Insured All Texas Builders, Inc.
75819383
Address P. O'• Box 3486 Policy q - Gen. Liab.
Lubbock, Texas 79452 35-77-315 75819382
Agent Policy # - Auto Liab.
Policy # - CARGO
This is to certify that policies for the above named insured are in force as follows: N23070116
Policy N - Work Comp.
This Interim C rti?ate As To Evidence of Insurance shall expire sixty days from 12 : Ola. M.
�yy,yMarc 6, 1990 , unless cancelled prior to such date by written notice to the named insured.
KY4Plcane,n iceuA in Parmnnunt i'Artifirnt,-
COVERAGE
COMBINED LIMITS OF LIABILITY
COVERED
NOT AUTO
COVERED LIABILITY
❑
Owned
Bodily Injury
$
250
000 each person
❑
Hired
$
5 0 0
000 each occurrence
Non -Owned
Employer's Non -Ownership
Property Damage
$
100
000 each occurrence
EJ
Contingent Liability
Single Limit Liability for Coverages checked X above
$
000 each occurrence
GENERAL LIABILITY
M&C - OLT
Bodily Injury
$
500
000 each person **
Owners &Contractors
$
11000
,000 each occurrence
❑
Contractual *
$
11000
000 annual aggregate
products * * *
Elevators
Property Damage
$
500
000 each occurrence
r_
❑
Products and/or
$
11000
000 annual aggregate
Completed Operations
products**.
Single Limit Liability for Coverages checked ® above
$
,000 each occurrence
$
000 annual aggregate
products * a
❑
CARGO
$
000 each vehicle
$
000 each occurrence
❑
WORKERS'
Statutory
Y
* Includes Goods or Products Warranty, Written Lease of Premises, Easement Agreement, Municipal Urdinancl
Agreement,. Sidetrack Agreement, Elevator or Escalator Maintenance Agreement only, unless accompanied b
specific endorsement providing additional Contractual Coverage.
Described Description
❑ below ❑ waived
OWNED YEAR, MAKE, TYPE OF BODY, LOAD CAPACITY I IDENTIFICATION NUMBER
AUTO-
MOBILES,
IF
COVERED
LAST
DIGI'
SHOW
6905 5727 Umbrella Liability $ 25 000 retained limit
POLICY NUMBER $ 1,000,0 0 0 each occurrence
$ 10000 0 0 aggregate
If this Interim Certificate As To Evidence Of Insurance is to be cancelled prior to the expiration date, we shall
provide 10 days advance notice in writing to whom this certificate is issued..
Certificate issued to:
Lease/Loan
Name Number
And Address City of Lubbock
P. O. Box 2000
Lubbock, Texas 79408 /
Countersigned 0.441
Not Applicable in Texas. Authorized Represents ve
* # # In Texas the aggregate also applies to owners and contractors protective, contractual and/or completed operations.
56.0514 1189 1651 W1200 C11200 PRINTED IN U.S.A. (E) M G89 1501
HUD CERTIFICATIONS
SECTION 3/STATEMENT OF WORK FORCE NEEDS
(IN EXCESS OF $109000)
(This page left blank intentionally)
U.S. Department of Housing
and Urban Development
Supplement to the Public and
General Conditions of the Indian Housing
Cc: ntract for Construction
Article 1 — Labor Standards
Applicability
The Project or Program to which the construction work covered
by this contract pertains is being assisted by the United States
of America and the following Federal Labor Standards Provisions
are included in this Contract or related instrument pursuant to
the provisions applicable to such Federal assistance.
A. 1. (1) Minimum Wages. All laborers and mechanics employed
or working upon the site of the work (or under the United States
Housing Act of 1937 or under the Housing Act of 1949 in the
construction or development of the project), will be paid uncon-
ditionally and not less often than once a week, and without
subsequent deduction or rebate on any account (except such
payroll deductions as are permitted by regulations issued by the
Secretary of Labor under the Copeland Act (29 CFR Part 3), the
full amount of wages and bona fide fringe benefits (or cash
equivalents thereof) due at time of payment computed at rates
not less than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may be
alleged to exist between the contractor and such laborers and
mechanics. Contributions made or costs reasonably anticipated
for bona fide fringe benefits under Section 1(b)(2) of the Davis -
Bacon Act on behalf of laborers or mechanics are considered
wages paid to such laborers or mechanics, subject to the provi-
sions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or
costs incurred for more than a weekly period (but not less often
than quarterly) under plans, funds, or programs, which cover the
particular weekly period, are deemed to be constructively made
or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate
wage rate and fringe benefits on the wage determination for the
classification of work actually performed, without regard to skill,
except as provided in 29 CFR Part 5.5(a)(4). Laborers or
mechanics performing work in more than one classification may
be compensated at the rate specified for each classification for
the time actually worked therein: Provided, That the employer's
payroll records accurately set forth the time spent in each
classification in which work is performed. The wage determina-
tion (including any additional classification and wage rates con-
formed under 29 CFR Part 5.5(a)(1)(ii) and the Davis -Bacon poster
(WH-1321) shall be posted at all times by the contractor and its
subcontractors at the site of the work in a prominent and ac-
cessible place where it can be easily seen by the workers.
(iixa) Any class of laborers or mechanics which is not
listed in the wage determination and which is to be employed
under the contract shall be classified in conformance with the
wage determination. HUD shall approve an additional classifica-
tion and wage rate and fringe benefits therefore only when the
following criteria have been met:
(1) The work to be performed by the classification
requested is not performed by a classification in the wage deter-
mination; and
(2) The classification is utilized in the area by the
construction industry; and
(3) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the wage rates
contained in the wage determination.
(b) If the contractor and the laborers and mechanics to
be employed in the classification (if known), or their represen-
tatives, and HUD or its designee agree on the classification and
wage rate (including the amount designated for fringe benefits
where appropriate), a report of the action taken shall be sent by
HUD or its designee to the Administrator of the Wage and Hour
Division, Employment Standards Administration, U.S. Department
Of Labor, Washington, D.C. 20210. The Administrator, or an
authorized representative, will approve, modify, or disapprove
every additional classification action within 30 days of receipt
and so advise HUD or its designee or will notify HUD or its
designee within the 30-day period that additional time is
necesssary. (Approved by the Office of Management and Budget
under OMB Control Number 1215-0140.)
(c) In the event the contractor, the laborers or mechanics
to be employed in the classification or their representatives, and
HUD or its designee do not agree on the proposed classification
and wage rate (including the amount designated for fringe benefits,
where appropriate), HUD or its designee shall refer the questions,
including the views of all interested parties and the recommenda-
tion of HUD or its designee, to the Administrator for determination.
The Administrator, or an authorized representative, will issue a
determination within 30 days of receipt and so advise HUD or its
designee or will notify HUD or its designee within the 30-day period
that additional time is necessary. (Approved by the Office of
Management and Budget under OMB Control Number 1215-0140.)
(d) The wage rate (including fringe benefits where ap-
propriate) determined pursuant to subparagraphs A.1.(ii)(b) or (c) of
this paragraph, shall be paid to all workers performing work in the
classification under this contract from the first day on which work
is performed in the classification.
(ill) Whenever the minimum wage rate prescribed in the con-
tract for a class of laborers or mechanics includes a fringe benefit
which is not expressed as an hourly rate, the contractor shall either
pay the benefit as stated in the wage determination or shall pay
another bona fide fringe benefit or an hourly cash equivalent
thereof.
(iv) If the contractor does not make payments to a trustee or
other third person, the contractor may consider as part of the
wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits under
a plan or program, Provided, that the Secretary of Labor has found,
upon the written request of the contractor, that the applicable stan-
dards of the Davis -Bacon Act have been met. The Secretary of
Labor may require the contractor to set aside in a separate account
assets for the meeting of obligations under the plan or program.
(Approved by the Office of Management and Budget under OMB
Control Number 1215-0140.)
2. Withholding. HUD or its designee shall upon its own action
or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld from the
contractor under this contract or any other Federal contract with
the same prime contractor, or any other Federally -assisted contract
subject to Davis -Bacon prevailing wage requirements, which is held
by the same prime contractor so much of the accrued payments or
advances as may be considered necessary to pay laborers and
mechanics, including apprentices, trainees and helpers, employed
by the contractor or any subcontractor the full amount of wages re-
quired by the contract. In the event of failure to pay any laborer or
mechanic, inlcuding any apprentice, trainee or helper, employed or
working on the site of the work (or under the United States Housin4
Act of 1937 or under the Housing Act of 1949 in the construction of
development of the project), all or part of the wages required by the
contract, HUD or its designee may, after written notice to the con.
tractor, sponsor, applicant, or owner, take such action as may be
necessary to cause the suspension of any further payment, ad.
vance, or guarantee of funds until such violations have ceased.
HUD or its designee may, after written notice to the contractor, --
disburse such amounts withheld for and on account of the contract
for or subcontractor to the respective employees to whom they are
due. The Comptroller General shall make such disbursements in thi
case of direct Davis -Bacon Act contracts.
3. (1) Payrolls and basic records. Payrolls and basic records
relating thereto shall be maintained by the contractor during the
course of the work and preserved for a period of three years
thereafter for all laborers and mechanics working at the site of the
work (or under the United States Housing Act of 1937, or under the
HUD-52554 (1-8i
HR 7,117 1 e 7e - ,-�-r
qualified applicants will receive consideration for employment
struction work: Provided, that if the applicant so participating Is a
without regard to race, color, religion, sex, or national origin.
State or local government, the above equal opportunity clause is 1
C. The Contractor will send to each labor union or represen.
" not applicable to any agency, instrumentality or subdivision of such
tative of workers with which it has a collective bargaining agree-
government which does not participate in work on or under the . t.-
ment or other contract or understanding a notice to be provided
contract. ^'n.1 •^:�" ..;-�
advising the said labor union or workers representatives of the
I. The applicant agrees that it will assist and cooperate actively
Contractor's commitments hereunder, and shall post copies of
with the administering agency and the Secretary of Labor in obtain.
the notice in conspicuous places available to employees and ap-
Ing the compliance of contractors and subcontractors with the -
plicants for employment.
equal opportunity clause and the rules, regulations, and relevant
D. The Contractor will comply with all provisions of Executive
orders of the Secretary of Labor, that it will furnish the administer -
Order 11246 of September 24, 1965 and of the rules, regulations,
ing agency and the Secretary of Labor such information as they
and relevant orders of the Secretary of Labor.
may require for the supervision of such compliance, and that it will
otherwise assist the administering agency in the discharge of the
E. The Contractor will furnish all information and reports re-
.. agency's primary responsibility for securing compliance.
quired by Executive Order 11246 of September 24, 1965, and by
rules, regulations, and orders of the Secretary of Labor, or pur-
J. The applicant further agrees that it will refrain from entering in.
suant thereto, and will permit access to its books, records, and
to any contract or contract modification subject to Executive Order
accounts by the Secretary of Labor for purposes of investigation
11246 of September 24, 1965, with a contractor debarred from, or "
to ascertain compliance with such rules, regulations, and orders.
who has not demonstrated eligibility for, Government contracts ant
federally assisted construction contracts pursuant to the Executive
F. In the event of the Contractor's noncompliance with the
t order and will carry out such sanctions and penalties for violation..
nondiscrimination clauses this contract with any of the the equal opportunity clause as may be imposed upon contrac-
said rules, regulations, or orders, this contract may be canceled,
tors and subcontractors by the administering agency or the
to
.terminated, or suspended in whole or in part and the Contractor
of Labor pursuant to Part II, Subpart 0 of the Executive
may be declared ineligible for further government contracts or may
order. In addition, the applicant agrees that if it fails or refuses to
11
federally assisted construction contracts in accordance with pro-
comply with these undertakings, the administering agency may takii
edur authorized in Executive Order 11246 of September
any or all of the following actions: Cancel, terminate, or suspend it
1965, and such other sanctions may be imposed and remedies
whole or in part this grant (contract, loan, insurance, guarantee); ,
invoked as provided in Executive Order 11246 of September 24,
refrain from extending any further assistance to the applicant undo
1965, or by rule, regulations or order of the Secretary of Labor,
the program with respect to which the failure or refund occurred
or as otherwise provided by law.
until satisfactory assurance of future compliance has been receivec_
G. The Contractor will include the portion of the sentence Im-
from such applicant; and refer the case to the Department of
mediately preceding paragraph A and the provisions of
Justice for appropriate legal proceedings. =• -- `'
paragraphs A through G in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary
of Labor issued pursuant to Section 204 of Executive Order
Article 3 — Equal Opportunity for Businesses and Lower Income Per--
11246 of September 24, 1965, so that such provisions will be
, sons Located Within the Project Area
binding upon each subcontractor or vendor. The Contractor will
take such action with respect to any subcontract or purchase
A. The work to be performed under this contract is on a project
order as the Secretary of Housing and Urban Development or the
assisted under a program providing direct Federal financial
Secretary of Labor may direct as a means of enforcing such pro-
_
assistance from the Department of Housing and Urban Develop -
visions, including sanctions for noncompliance. Provided,
_;. ment and is subject to the requirements of Section 3 of the Hous-
however, that in the event the Contractor becomes involved in,
ing and Urban Development Act of 1968, as amended, 12 U.S.C.
or is threatened with, litigation with a subcontractor or vendor as
1701u. Section 3 requires that to the greatest extent feasible oppor
a result of such direction by the Secretary of Housing and Urban
tunities for training and employment be given lower income -
Development or the Secretary of Labor, the Contractor may re-
residents of the unit of local government or the metropolitan area
quest the United States to enter into such litigation to protect
(or nonmetropolitan county) as determined by the Secretary of
the interests of the United States. �..'. .:,.:_:.._:.,.:;.... . '
_ Housing and Urban Development in which the project is located ,
H. The applicant further agrees that it will be bound by the
and contracts for work in connection with the project be awarded t
above equal opportunity clause with respect to its own employ-
business concerns which are located in, or owned in substantial
-- ment practices when it participates in federaly assisted con- part by persons residing in the same metropolitan area (or
nonmetropolitan county) as the project. , jW
..te t .v`tl• .'fi. 1<: i.i]- ',�:}'r; ,t .1 .'C c:`•i13: ')G , 4..s.•;.:1.�. f )` G..� a'i'.i. � _P ++ ..a:,;;.'C'fl'rl
` '
•1 f : a 1 I_ +.::. 1 A
K l,j'hi L3 . W� ♦li. � jt •t t• � L
.'t+7;Ul
iu
j t.e *F �y F'-a3h.a��.J 'a 'Li . ! 1� +•rl��t ♦� t f' . 1.: � �, .,4 �.t�' . � , . , r , t ! 1 ! r � �r
�, .. !O t •fit' J.,t ' t' 1. t `f !) 4't Z : , .t'1 f� , i
:�
,. }•fir •.� t� .� !� . .� •, F
e t l+ :\t ti (! (.�. !i ti t. :;
Z.
Page 4 of 4 Pages
l 1. ) 1 ) l l ) 1 ) l .f l 1 1 1 1 l l
CONTRACTOR'S NAME
ADDRESS
PRELIMINARY STATEMENT OF WORK FORCE NEEDS
NATURE OF CONTRACT
!AMOUNT OF CONTRACT
ANTICIPATED
CATEGORIES
OCCUPATIONAL
TO BE UTILIZED
ANTICIPATED
NON -TRAINEE
NUMBER OF
POSITIONS
ANTICIPATED NUMBER OF
TRAINEE POSITIONS
* This form is to be completed by all contractors prior to signing any contract.
(This page left blank intentionally)
CONTRACT
(This page left blank intentionally)
CONTRACT
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 22nd day of
Marrb , 19 90 , by and between the City of
Lubbock, County of Lubbock, State of Texas, acting by and through
B.C. McMinn , Mayor, thereunto authorized to do so,
hereinafter referred to as OWNER, and All Texas Builders, Inc.
of the City of Lubbock , County of Lubbock and
State of Texas , hereinafter referred to as CONTRACTOR.
WITNESSETH: That for and in consideration of the payments
and agreements hereinafter mentioned, to be made and performed by
the OWNER and under the conditions expressed in the bond bearing
even date herewith (if any), the CONTRACTOR hereby agrees with
the OWNER to commence and complete the construction of certain
improvements described as follows:
BID# 10543 — HELEN HODGES CONCESSION STAND FACILITIES RENOVATION FOR THE
AMOUNT OF $47,934.000
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 construc-
tion in accordance with -the Contract Documents, as defined in the
General Conditions of the Agreement..
The CONTRACTOR hereby agrees to commence work within ten
(10) days after the date written notice to do so shall have been
given to him and to substantially complete same within the time
T' specified in the Contract Documents.
The OWNER agrees to pay the CONTRACTOR in current funds for
the performance of the Contract in accordance with the proposal
submitted therefor, subject to additions and deductions, as
provided in the Contract Documents, and to make payment on
T., account thereof as provided therein.
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IN WITNESS 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..
ST;
Ci y Secretary
P OVED S T C T N
G
APPROVED AS TO FO
ATTEST:
c
Secretary
CITY OF LUBBOCK, TEXAS
0*
Mayor
All Texas Builders, Inc.
CONTRACTOR
BY:
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TITLE:
COMPLETE ADDRESS
P.O. Box 3486
Lubbock, Texas.79452
GENERAL CONDITIONS OF THE AGREEMENT
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(This page left blank intentionally)
INDEX TO GENERAL CONDITIONS
1.
Owner
;.2.
Contractor
3.
Owner's Representative and Architect or Consulting Engineer
4.
Contract Documents
5.
Interpretation of Specifications or Drawings
6.
Subcontractor
7.
Assignment
B.
Written Notice
9.
Work
10.
Substantially Completed
11.
Layout of Work
12.
Keeping of Plans and Specifications Accessible
13.
Right of Entry and Inspection
14.
Lines and Grades
15.
Architect's Authority and Duty _
16.
Superintendence and Inspections
17.
Contractor's Duty and Superintendence
18.
Contractor's Understanding
^- 19.
Character of Workmen
20.
Construction Plant
21.
Sanitation
22.
Observation and Testing
23.
Defects and Their Remedies
^� 24.
Changes and Alterations
25.
Extra Work
26. Discrepancies and Omissions
27. Right of Owner to Modify Methods and Equipment
28. Protection Against Accident to Employees and the -Public
29. Contractor's Insurance: Scope of Insurance and Special
Hazards
30. Protection Against Claims of Subcontractors, Laborers,
Materialmen and Furnishers of Machinery, Equipment and
Supplies
31. Protection Against Royalties or Patent Invention
32. Laws and Ordinances
33. Time for Completion and Liquidated Damages
34. Time and Order of Completion
35. Extension of Time
36. Hindrance and Delays
37. Quantities and Measurements
38. Protection of Adjoining Property
39. Price for Work
40. Construction Schedule & Periodic Estimates
41. Payments to Contractor
42. Payrolls and Basic Payroll Records of Contractor and
Subcontractor
43. Minimum Wages
44. Posting Wage Determination Decisions and Authorized Wage
Deductions
45. Employment of Laborers or Mechanics Not Listed in Aforesaid
Wage Determination Decisions
46. Specific Coverage of Certain Types of Work by Employees
47. Underpayments of Wages or Salaries -
48. Anticipated Costs.of Fringe Benefits
49. Fringe Benefits not Expressed as Hourly Wage Rates
50. Overtime Compensation Required by Contract Work Hours and
Safety Standards Act (76 Stat. 357-360: Title 40 U.S.C.,
Sections 327-332)
51. Employment of Apprentices/Trainees
52. Employment of Certain Persons Prohibited
53. Regulations Pursuant to So -Called "Anti -Kickback Act"
54. Complaints, Proceedings or Testimony by Employees
55. Claims and Disputes Pertaining to Wage Rates
56. Questions Concerning Certain Federal Statutes and Regu-
lations
57. Final Completion and Acceptance
58. Final Payment
�.. 59. Correction of Work Before Final Payment for Work
60. Correction of Work After Final Payment
61. Payment Withheld
62. Delayed Payment
63. Time of Filing Claims
64. Arbitration
65. Abandonment by Contractor
66. Abandonment by Owner
67. Losses from Natural Causes
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68. Independent Contractor
69. Cleaning Up
70. Contractor's Right to Terminate
71. Right of the Owner to Terminate Contract
72. Breach of Foregoing Federal Labor Standards Provisions
73. Interest or Member of or..Delegate to Congress
74. Other Prohibited Interests
75. Special Equal Opportunity Provisions
76. Certification of C.ompliance with Air and Water Acts
77. Special Conditions Pertaining to Hazards Safety Standards
and Accident Prevention
78. Nondiscrimination against the handicapped (Sec. 504) -.
GENERAL CONDITIONS OF THE AGREEMENT
1. OWNER
Whenever the word "Owner", or the expression "Party of the
Zst-•HLar.t"..,•: o.,...'!•Ei..r•.s.t ..art.yl!.,..-ar.a...use_d..i.n...,th.is...C.ont-ractI ..they
shall be understood as referring to the City of Lubbock, Texas.
2. CONTRACTOR
Whenever the word "Contractor", or the expression "Party of
the Second Part", or "Second Party", are used, they shall be
understood to mean the person, persons, co -partnership or
corporation, to -wit:
ALL TEXAS BUILDERS, INC.
who has agreed to perform the work embraced in this Contract, or
to his or their legal representative.
3. OWNER'S REPRESENTATIVE AND ARCHITECT OR CONSULTING ENGINEER
a. Whenever the term Owner's Representative is used in
this Contract, it shall.be understood as referring to the
Community Development Administrator of the City of Lubbock, or
to such other representative, supervisor or inspector as may be
authorized by said Owner to act as Owner's Representative under
this Agreement. Owner's Representative may designate engineers,
supervisors or inspectors who will act for Owner under the
direction of Owner's Representative, but such engineers, super-
visors or inspectors shall not directly supervise the Contractor
or men acting in behalf of the Contractor. The Owner's Represen-
tative shall have authority to approve change orders involving a
decrease or increase in cost of Five Thousand ($5,000.00) Dollars
or less.
b. Owner has designated CARLOS VIGIL,
PARK DEVELOPMENT SUPERVISOR, PARKS & RECREATION
to perform the duties of Architect or Consulting Engineer on the
project to be constructed pursuant to this Contract. The
Architect or Consulting Engineer will administer this Contract
during construction and until final payment is due or until the
Owner's Representative terminates, modifies or limits the duties
which are the responsibility of the Architect as hereinafter set
forth, in which case the Owner's Representative or his appointed
agent shall perform any duties so terminated, limited or modi-
fied. The word "Architect" when used in this agreement shall
mean either Architect or Consulting Engineer.
4. CONTRACT DOCUMENTS _
The Contracts Documents shall consist of the Notice to
Bidders, Information for Bidders, Bid Proposal, Signed Agreement,
Statutory Bonds (if required), General Conditions of the Agree-
the Owner a written statement concerning the proposed award to
the subcontractor, which statement shall contain such information
as the Owner may require.
The Contractor shall be as fully responsible to the Owner
for the acts and omissions of his subcontractors, and of persons —
either directly or indirectly employed by them, as he is for the
acts and omissions of persons directly employed by him.
The Contractor shall cause appropriate provisions to be
inserted in all subcontracts relative to the work to bind
subcontractors to the Contractor by the terms of the General
Conditions and other Contract Documents insofar as applicable to
the work of the subcontractors and to give the Contractor the
same power to terminate any subcontract that the Owner may
exercise over the Contractor under any provision of the Contract
Documents.
Nothing.contained in this Contract shall create any con-
tractual relation between any subcontractor and the Owner or the
Architect, and said subcontractor will look exclusively to the
Contractor for any payments due subcontractor.
7. ASSIGNMENT
The Contractor agrees that he will retain personal control
and will give his personal attention to the fulfillment of this
Contract. The Contractor further agrees that assignment of any
portion or feature of the work or materials required in the
performance of this contract shall not relieve him from his full
obligations to the Owner, as provided by this Contractual
Agreement.
8. WRITTEN NOTICE
-• - Written notice shall be deemed to have been duly served if
delivered in person to -the individual or to a member of the firm
or to an officer of the corporation for whom it is intended, or
if delivered at or sent certified.mail to the last business
address known to him who gives the notice.
All directions, instructions or notices required or autho-
rized to be given under these Contract Documents from the Owner,
Owner's Representative or Architect to the Contractor shall be in
writing.
9. WORK
The work comprises the completed construction required by
the Contract Documents and includes all labor necessary to
produce such construction,,•and all materials and equipment
incorporated or to be incorporated in such construction.
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Unless otherwise stipulated, the Contractor shall provide
and pay for all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance and all water, light, power,
fuel, transportation and all other facilities necessary for the
execution and completion of the work covered by the Contract
Documents. Unless otherwise specified, all materials shall be
new and both workmanship and materials shall be of a good
quality. The Contractor shall, if required, furnish satisfac-
tory evidence as to the kind and quality of materials. Materials
or work described in words which so applied have well known,
technical or trade meanings shall be held to refer to such
recognized standards.
All work shall be done and all materials furnished in strict
conformity with the Contract Documents or any other information
or instructions conveyed to the Contractor.
10. SUBSTANTIALLY COMPLETED
The term "Substantially Completed" means that the structure
or project contemplated by the Contract Documents has been made
suitable for use or occupancy, or the facility is in a condition
to serve its intended purpose, but still may require minor
miscellaneous work and adjustment.
11. LAYOUT OF WORK
Except as specifically provided herein, the Contractor shall
be responsible for laying out all work and shall accomplish this
work in a manner acceptable to the Architect. The Architect will
check the Contractor's layout of all major structures and any
other layout work done by the Contractor at the Contractor's
request, but this check does not relieve the Contractor of the
responsibility of correctly locating all work in accordance with
the Plans and Specifications.
12. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished with (j))_ copies of all
Drawings, Profiles and Specifications without expense to him and
he shall keep one copy of same consistently accessible on the job,
site. i
13. RIGHT OF ENTRY AND INSPECTION
The Architect shall at all times have access to the work
wherever it is in preparation and progress.
The Architect will make periodic visits to the site at
intervals appropriate to the state of construction to observe
the progress and quality of -the executed work and to determine,
in general, if the work is proceeding in accordance with the Con-
tract Documents. He will not be required to make exhaustive or
continuous -on -site inspections to check the quality or quantity
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of the work. Furthermore, the Architect will not have control or
charge of and will not be responsible for the construction means,
methods, techniques, sequences or procedures, or the safety
precautions incident thereto. His efforts will be directed
.� towards providing assurances for the Owner that the completed
project will conform to the requirements of the Contract Docu-
ments, but -he will not be responsible for the Contractor's
failure to perform the work in accordance with the Contract
Documents. On the basis of his on -site observations, he will
keep the Owner informed of the progress of the work and will
endeavor to protect the Owner against defects and deficiencies in
^=� the work of the Contractor.
The authorized representative and agents of the Owner shall
be permitted to inspect all work, material, payrolls, records of
personnel, invoices of materials and other relevant data and
records.
The Owner reserves the right to perform work related to the
project with his own forces, and to award separate contracts in
c-onnection with other portions of the project or other work on
the site of the Contract. If the Contractor claims that delay or
additional costs are involved because of such action by the
Owner, he shall make such claim as provided elsewhere in the
Contract Documents.
14. LINES AND GRADES
All lines and grades shall be furnished by the Owner's
Representative whenever necessary for the commencement of the
work contemplated by these Contract Documents or the completion
of the work contemplated by these Contract Documents. Whenever
necessary, the Contractor shall suspend his work in order to
permit the Owner's Representative to comply with this require-
ment, but such suspension will be as brief as practical and the
Contractor shall be allowed no extra compensation therefore. The
Contractor shall give the Owner's Representative ample notice of
the time and place where lines and grades will be needed. All
-" stakes, marks, etc., shall be carefully preserved by the Con-
tractor, and in case of careless destruction or removal by him,
his subcontractors or their employees, such stakes, marks, etc.,
,._. shall be replaced by.the Owner's Representative at the Contrac-
tor's expense.
15. ARCHITECT'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between
the parties to this Contract that the Architect shall review all
^� work included herein.
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The Architect will review and approve or take other appro-
priate action upon the Contractor's submittals, such as Shop
Drawings, Product Data and Samples, but only for conformance with
the design concept of the work and with the information given in
the Contract Documents.
The Architect will have authority to order minor changes in
the work not involving an adjustment in the Contract Sum or an
extension of the Contract Time and not inconsistent with the
intent of the Contract Documents. Such changes shall be ef-
fected by written order, and shall be binding on the.Owner and
the Contractor. The Contractor shall carry out such written
orders promptly.
The Architect has the authority to stop the work whenever
such stoppage may be necessary to insure the proper execution
of the Contract. The Architect has the authority to reject work
which does not conform to the Contract Documents.
In order to prevent delays and disputes and to discourage
litigation, it is further agreed that the Architect shall, in all
cases, determine the amounts and quantities of the several kinds
of work which are to be paid for under this Contract. Based on
the Architect's observations and an evaluation of the Contrac-
tor's Applications for Payment, the Architect will determine the
amounts owing to the Contractor and will issue Certificates for
Payment in accordance with the provisions of this Agreement. He
shall determine all questions in relation to said work and the
construction thereof, and shall, in all cases, decide every
question which may arise relative to the execution of this
Contract on the part of said Contractor. The Architect's
estimates and findings shall be conditions precedent to the right
of the parties hereto to arbitration or to any action on the
Contract, and to any rights of the Contractor to receive any
money under the Contract; provided, however, that should the
Architect render any decision or give any direction which, in the
opinion of the Owner's Representative, is not in accordance with
the meaning and intent of this Contract, the Owner's Represen-
tative shall notify the Architect.and the Contractor of his
objection, and the Architect shall direct the Contractor to
modify or remedy such work to meet the requirements of the
Owner's Representative. Should the Contractor object to any
decision or given direction which, in his opinion, is not in
accordance with the meaning and intent of this Contract, the
Contractor may file with said Owner's Representative, within 30
days, his written objection to the decision or direction so
rendered, and by such action may reserve the right to submit the
question so raised to arbitration, as hereinafter provided. It
is the intent of this Agreement that there shall be no delay in
the execution of the work. Therefore, written decisions or
directions of the Architect as rendered shall be promptly carried
out, and any claim arising therefrom shall be thereafter adjusted
through arbitration, as hereinafter provided.
The Owner's Representative shall, within a reasonable time,
render and deliver to both the Architect and the Contractor a
written decision on all written objections filed by the Con-
tractor. Should the Owner's Representative fail to make such a
decision within a reasonable time, an appeal to arbitration may
be taken as if his decision had been rendered against -the
Contractor.
16. SUPERINTENDENCE AND INSPECTIONS
It is agreed by the Contractor that the Owner's Represen-
tative shall be and is hereby authorized to appoint from time to
time such subordinate engineers, supervisors or inspectors as the
said Owner's Representative may deem proper to inspect the
materials furnished and the work performed or being performed
under this Agreement, and to see that said materials are fur-
nished and the work is done in accordance with the specifications
therefor. The Contractor shall furnish all reasonable aid and
assistance required by the subordinate engineers, supervisors or
inspectors for the proper inspection and examination of the work.
17. CONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful
prosecution and completion of this Contract and shall keep on the
�.. work, during its progress, a competent superintendent and any -
necessary assistants, all satisfactory to Owner's Representative.
The superintendent shall represent the Contractor in his absence
and all directions given to him shall be binding as if given to
the Contractor. Adequate supervision by competent and reasonable
representatives of the Contractor is essential to the proper
performance of the work, andlack of such supervision shall be
grounds for suspending operations of the Contractor. The work, -
from its commencement to completion, shall be under the exclusive
charge and control of the Contractor and all risk in connection
therewith shall be borne by the Contractor. The Owner, Owner's
Representatives or Architect will not be responsible for the acts
or omissions of the Contractor or any of his agents or employees
or any other persons performing any of the work.
The Contractor shall be responsible to the Owner for the
acts and omissions of his employees, subcontractors and their
�^ agents and employees and other persons performing any of the work
under a contract with the Contractor.
18. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by
careful examination, satisfied himself as to the nature and
location of the work, the confirmation of the ground, the
character, quality and quantity of materials to be encountered,
the character of equipment and facilities needed preliminary to
and during the prosecution of the work, and the general and local
conditions, and all other matters which in any way affect the
7 -
work under this Contract. No verbal agreement or conversation
with any officer, agent or employee of the Owner, either before
or after the execution of this Contract, shall affect or modify
any of the terms or obligations herein contained.
19. CHARACTER OF WORKERS
To do the work required by this Contract, the Contractor
agrees to employ only orderly and competent workers, skillful in
the performance in the type of work required by the said Con-
tract, and he further agrees that whenever the Owner's Represen-
tative shall inform him in writing that any worker or workers
doing the work are, in his opinion, incompetent, unfaithful or
disorderly, such worker or workers shall be discharged from the
work and shall not again be employed to do the work without
written consent of the Owner's Representative.
20. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment,
machinery and materials necessary for the prosecution and com-
pletion of -this Contract where it is not otherwise specifically
provided that the Owner shall furnish same, and it is also
understood that the Owner shall not be held responsible for the
care, preservation, conservation or protection of any materials,
tools, equipment or machinery or any part of the work until it is
finally completed and accepted.
The building of structures for the housing of workers or
equipment will be permitted only at such places as the Owner's
Representative shall direct, and the sanitary conditions of the
grounds in or about such structures shall at all times be main-
tained in a manner satisfactory to the Owner's Representative.
21. SANITATION
Necessary sanitary conveniences for the use of laborers on
the work site, properly secluded from public observation, shall
be constructed and maintained by the'Contractor in such manner
and at such points as shall be approved by a subordinate super-
visor appointed by the Owner's Representative. The Contractor
shall strictly enforce the use of such facilities.
22. OBSERVATION AND TESTING
The Owner's Representative or the Architect shall have the
right at all reasonable times to observe and test the work.
Contractor shall make necessary arrangements and provide proper
facilities and access for such observation and testing at any
location wherever work is in preparation or progress. Contractor
shall ascertain the scope of any observations and tests.. which may
be contemplated by Owner's Representative or Architect and shall
give ample notice as to the time each part of the work will be
ready for such observations and tests. Owner's Representative or
8 -
Architect may reject any work found to be defective or not in
,., accordance with the Contract Documents, regardless of the stage
of its completion or the time or place of discovery of such
errors, and regardless of whether either Owner's Representative
or Architect has previously accepted the work through oversight
or otherwise. If any work which is required to be inspected,
tested or_ approved, is covered up without written approval or
consent of the Owner's Representative or Architect, it must, if
-� requested by the Owner's Representative or Architect, be un-
covered for observation and testing at the Contractor's expense.
In the event that any part of the work is being fabricated or
manufactured at a location where it is not convenient for Owner's
Representative or Architect to make observations of such work or
require testing of said work, then in such event, Owner's Repre-
sentative or Architect may require Contractor to furnish Owner's
Representative or Architect certificates of inspection, testing
or approval made by persons competent to perform such tasks at
the location where that part of the work is being manufactured or
fabricated. All such tests will be in accordance with the
methods prescribed by the American Society for Testing and
Materials or such other applicable organization as maybe required
by law or the Contract Documents.
If any work which is required to be inspected, tested or
approved, is covered up without written approval or consent of
the Owner's Reprsentative or Architect, it must, if requested by
the Owner's Representative or Architect, be uncovered for
observation and testing at the Contractor's expense. The cost of
... all such inspections, tests and approvals shall be borne by the
Contractor unless otherwise provided herein. Any work which
fails to meet the requirements of any such tests, inspections or
approval, and any work which meets the requirements of any such
tests or approval but does not meet the requirements of the
Contract Documents shall be considered defective. Such defective
work shall be corrected at the Contractor's expense.
Neither observations by the Owner's Representative or
Architect, nor inspections, tests or approvals made by Owner's
-Representative or Architect or other persons authorized under
this Agreement to make such inspections, tests or approvals,
shall relieve the Contractor from his obligation to perform the
work in accordance with the requirements of the Contract Docu-
ments.
23. DEFECTS AND THEIR REMEDIES
It is agreed that if the work or any part thereof or
any material brought on the site of the work for use in the work
or selected for the same, shall be deemed by the Owner's Repre- -
sentative or Architect as unsuitable or not in conformity with
plans, specifications and Contract Documents, the Contractor
shall, after receipt of written notice thereof from the Owner's
Representative or Architect, forthwith remove such material and
rebuild or otherwise remedy such work so that it shall be in full
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accordance with this Contract. It is further agreed that any
remedial action contemplated as hereinabove set forth shall be at
the Contractor's expense.
The Contractor shall promptly correct any work rejected by
the Owner's Representative or Architect as defective or as
failing to conform to the Contract Documents, whether observed
before or after substantial completion and whether or not
fabricated, installed or completed, and shall correct any work
found to be defective or nonconforming within a period of one
year from the date of substantial completion of the Contract, or
within such longer period of time as may be prescribed by law or
by the terms of any applicable special warranty required by the
Contract Documents. The provisions of this Section apply to work
done by subcontractors as well as to work done by direct em-
ployees of the Contractor. The Contractor shall bear all costs
of correcting such rejected work, including compensation for the
Architect's additional services made necessary thereby.
If the Contractor fails to correct defective work as
required, or persistently fails to carry out the work in accor-
dance with the Contract Documents, the Owner's Representative, by
a written order signed personally or by an agent specifically so'
empowered by the Owner in writing, may order the Contractor to
stop the work', or any portion thereof, until the cause for such
order has been eliminated; however, this right of the Owner to
stop the work shall not give rise to any duty on the part of the
Owner to exercise this right for the benefit of the Contractor or
any other person or entity.
If the Contractor defaults or neglects to carry out the work
in accordance with the Contract Documents, and fails within seven
days after receipt of written notice from the Owner's Representa-
tive or other agent to commence and continue correction of such
default or neglect with diligence and promptness, the Owner may,
after seven days following receipt by the Contractor of an
additional written notice, and without prejudice to any other
remedy he may have, make good such deficiencies. In such case,
an appropriate Change Order shall -be issued deducting from the
payments then or thereafter due the Contractor the cost of
correcting such deficiencies, including compensation for the
Architect's additional services made necessary by such default,
neglect or failure. If the payments then or thereafter due the
Contractor are not sufficient to cover such amount, the Contrac-
tor shall pay the difference to the Owner.
If, within one year after the date of substantial completion
of the work or designated portion thereof, or within one year
after acceptance by the Owner of designated equipment, or within
-
such longer period of time as may be prescribed by law or by the
terms of any applicable special warranty required by th.e Contract
Documents, any of -the work is found to be defective or not in
accordance with the Contract Documents, the Contractor shall
correct it promptly after receipt of a written notice from the
- 10 -
Owner to do so unless the Owner has previously given the Con-
tractor a written acceptance of such condition. This obligation
shall survive termination of the Contract. The Owner shall give
such notice promptly after discovery of the defect.
24. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such
changes and alterations as the Owner may see fit, in the line,
grade, form, dimensions, plans or materials for the work herein
contemplated, or any part thereof, either before or after the
beginning of the construction, without affecting the validity of
this Contract and the accompanying bond.
If such changes or alterations diminish the quantity of the
work to be done, they shall not constitute the basis for a claim
for damages, or anticipated profits on the work that may be
dispensed with. If they increase the amount of work, and the
r- increased work can fairly be classified under the specifications,
such increase shall be paid according to the quantity actually
done and at the unit price established for such work under this
Contract; otherwise, such additional work shall be paid for as
provided under extra work. In case the Owner shall make such
changes or alterations as shall make useless any work already
done or material already furnished or used in said work, then _the
Owner shall recompense the Contractor for any material or labor
so used and for any actual loss occasioned by such change due
to actual expenses incurred in preparation for the work as
originally planned.
25. EXTRA WORK
The term "extra work" as used in this Contract shall be
understood to mean and include all work that may be required by
the Owner or Owner's Representative to be done by the Contractor
to accomplish any change, alteration or addition to the work as
shown on the plans and specifications or Contract Documents and
not covered by the Contractor's proposal, except as provided
under changes and alterations herein.
It is agreed that the Contractor shall perform all extra
work under the direction of the Architect when presented with a
written work order signed by the Owner's Representative, subject,
however, to the right of the Contractor to require written
confirmation of such extra work order by the Owner. It is also
agreed that the compensation to be paid to the Contractor for
performing said extra work shall be determined by one or more of
the following methods:
Method (A)
Method (B)
- By agreed unit prices; or
- 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 (150) percent.
In the event said extra work be performed and paid for under__
Method (C), then the provisions of this paragraph shall apply and
the "actual field cost" is hereby defined to include the cost of
all workmen, such as foremen, timekeepers, mechanics and labor-
ers, and materials, supplies, teams, trucks, rentals on machinery
and equipment, for the time actually employed or used on such
extra work, plus actual transportation charges necessarily
incurred, together with all expenses incurred directly on account
of such extra work, including Social Security, Old Age Benefits,
Maintenance Bonds, Public Liability and Property Damage and
Workmen's Compensation and all other insurances as may be
required by law or ordinances or directed by the Owner's Repre-
sentative or Architect, or by them agreed to. Owner's Represen-
tative may direct the form in which accounts of the actual field -
cost shall be kept and records of these accounts shall be made
available to the Owner's Representative. The Owner's Represen-
tative or Architect may also specify in writing, before the work _
commences, the method of doing the work and the type and kind of
machinery and equipment to be used; otherwise, these matters
shall be determined by the Contractor. Unless otherwise agreed
upon or specified, the prices for the use of machinery and
equipment shall be determined by using 100o, of the latest
Schedule of Equipment and Ownership Expenses adopted by the
Associated General Contractors of America. Where practical, the
terms and prices for the use of machinery and equipment shall be
incorporated in the written extra work order. The fifteen
percent (150) of the actual field cost to be paid to the Con-
tractor shall cover and compensate him for his profit, overhead,
general superintendence, and field office expense, and all other
elements of cost and expense not embraced within the actual field
cost as herein defined, save that where the Contractor's Camp or
Field Office must be maintained primarily on account of such
extra work, then the cost to maintain and operate the same shall
be included in the "actual field cost."
No claim for extra work of any kind will be allowed unless
ordered in writing by the Owner's Representative. In case any
orders or instructions appear to the Contractor to involve extra
work for which he should receive compensation or an adjustment in
the construction time, he shall make a written request to the
Owner's Representative for a written order authorizing such extra
work. Should a difference of opinion arise as to what does or
does not constitute extra work, or as to the payment therefor,
and the Owner's Representative insists upon its performance, the
Contractor shall proceed with the work after making a written
request for a written order_ and shall keep adequate and accurate
account of the actual field -cost thereof, as provided under
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Method (C). The Contractor will thereby preserve the right to
submit the matter of payment to arbitration, as herein below
provided.
26. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of this Contract
that all work described in the proposal, the specifications,
plans and other Contract Documents is to be done for the price
quoted by the Contractor and that such price shall include all
appurtenances necessary to complete the work in accordance with
the intent of these Contract Documents, as interpreted by the
Architect. If the Contractor finds any discrepancies or
omissions in these plans, specifications or Contract Documents,
he should notify the Architect and obtain a clarification before
the bids are received, and if no such request is received by the
Architect prior to the opening of bids, then it shall be consi-
dered that the Contractor fully understands the work to be
included and has provided sufficient sums in his proposal to
complete the work in accordance with these plans and specifi-
cations. It is further understood that any request for clari-
fication must be submitted no later than five days prior to the
opening of bids.
27. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If, at any time, the methods or equipment used by the Con-
tractor are found to be inadequate to secure the quality of work
with the rate of progress required under this Contract, the Owner
or Owner's Representative may order the Contractor in writing to
increase their safety or improve their character and efficiency
and the Contractor shall comply with such order.
If, at any time, the working force of the Contractor is
inadequate for securing the progress herein specified, the
Contractor shall, if so ordered in writing, increase his force
or equipment, or both, -to such an extent as to give reasonable
assurance of compliance with the schedule of progress.
28. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
The Contractor shall take out and procure a policy or
policies of Worker's Compensation Insurance with an insurance
company licensed to transact business in the State of Texas,
which policy or policies shall comply with the Worker's Com-
pensation laws of the State of Texas. The Contractor shall at
all times exercise reasonable precaution for the safety of
employees and others on or near the work and shall comply with
14, all applicable provisions of federal, state and municipal laws
and building and construction codes. All machinery and equipment
and other physical hazards shall be guarded in accordance with
the "Manual of Accident Prevention in Construction" of'Associated
General Contractors of America, except where incompatible with
federal, state or municipal laws or regulations. The Contractor,
- 13 -
his sureties and insurance carriers shall defend, indemnify and
save harmless the Owner, all of its officers, the Architect and
their agents and employees from all damages, losses, or expenses
and from all suits, actions or claims of any character whatsoever
brought for or on account of any injuries or damages received or
sustained by any person or persons or property, on account of any
negligent act or fault of the Contractor or any subcontractor,
their agents or employees, in execution and supervision of said
Contract, and the project which is the subject matter of this
Contract, including the failure of Contractor or any subcontrac-
tor to provide necessary barricades, warning lights or signs, and
will be required to pay any judgment with costs which may be
obtained against the Owner, its officers, the Architect or any of
their agents or employees, including attorney.'s fees.
In any and all claims against the Owner,. any officer of the
Owner, the Architect or any of their agents or employees by any
employee of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose act any of
them may be liable, the indemnification obligation under this
Section shall not be limited in any way by any limitation on the
amount or type of damages, compensation or benefits payable by or
for the Contractor or any subcontractor under Worker's Compensa-
tion acts, disability benefit acts or other employee benefit
acts. The obligations of the Contractor under this Section shall
not extend to the liability of the Architect, his agents or
employees, arising out of (1) the preparation or approval of
maps, drawings, opinions, reports, surveys, change orders,
designs or specifications, or (2) the giving of or the failure to
give directions or instructions by the Architect, his agents or
employees, provided such giving or failure to give is the primary
cause of the injury or damage.
The safety precautions taken shall be the sole responsi-
bility of the Contractor, in his sole discretion as an Indepen-
dent Contractor. Inclusion of this section in the Agreement, as
well as any notice which may be given by the Owner, the Owner's
Representative or the Architect concerning omission under this
section as the work progresses, are intended as reminders to
the Contractor of his duty, and shall not be construed as any
assumption of duty to supervise safety precautions taken by
either the Contractor or any of his subcontractors.
29. CONTRACTOR'S INSURANCE: SCOPE Of INSURANCE AND SPECIAL HAZARDS
The Contractor shall not commence work under this Contract
until he has obtained all insurance as required herein. The
Contractor shall provide insurance for the adequate protection
of the Contractor and his subcontractors, respectively, against
damage 'claims which may arise from operations under this Con-
tract, whether such operations be by the insured or by'anyone
directly or indirectly employed by him and, also, against any of
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the special hazards which may be encountered in the performance
-- of this Contract, as enumerated in the Supplemental General
Conditions.
The Contractor shall procure and carry, at his sole cost and
expense throughout the life of this Contract, insurance protec-
tion as hereinafter specified. Such insurance shall be carried
with an insurance company licensed to transact business in the
State of Texas and shall cover all operations in connection with
this Contract, whether performed by the Contractor or a subcon-
tractor, or separate policies shall be provided covering the
�. operation of each subcontractor. All policies shall contain an
agreement on the part of the insurer waiving the right to
subrogation.
(A) Worker's Compensation and Employer's Liability
Insurance.
As required by State statute covering all employees
employed on a work whether employed by the Contractor or any
subcontractor on the job.
(B) Owner's Protective or Contingent Public Liability
Insurance and Property Damage Liability Insurance.
The Contractor shall obtain an Owner's Protective or
Contingent Public Liability Insurance policy naming the City
of Lubbock as an additional insured and the amount of such
-- policy shall be as follows:
$ 5007000 for bodily injuries, including accidental
death, to any one person, but limited to $ 5002000
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 $ 300,000 for bodily
injuries, including accidental death, to any one
person, but not less than $ 500,000 per occurrence
and in the amount of not less thai300,000 for
property damage.
Said policy shall include:
Premises and Operations
Explosion & Collapse Hazard
Underground Damage Hazard
Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury (with exclusion "c" waived)
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The City is to be named as an additional insured on
this policy for this specific job, and a copy of the
endorsement doing so is to be attached to the Certificate
of Insurance.
In addition to the insurance required above, the -
Department of Housing and Urban Development requires that
all contracts in excess of $100,000.00 provide Builders Risk
Insurance (Fire and Extended coverage).
Until the project is completed and accepted by the
Owner, said Owner or Contractor (at the Owner's option, as
indicated in the Supplemental General Conditions, Form
HUD-4238-N) is required to maintain Builder's Risk Insurance
(fire and extended coverage) on a 100 percent completed
value basis on the insurable portion of the project for the
benefit of the Owner, the Contractor and Subcontractors, as
their interests may appear. The Contractor shall not
include any costs for Builder's Risk Insurance (fire and
extended coverage) premiums during construction unless the
Contractor is required to provide such insurance; however,
this provision shall not release the Contractor from his
obligation to complete, according to plans and specifica-
tions, the project covered by the Contract, and the Con-
tractor and his Surety shall be obligated to full perfor
mance of the Contractor's undertaking.
(C) Automobile Insurance
The Contractor shall procure a Comprehensive Automobile
Liability Insurance Policy providing coverage to include all
owned and non -owned cars, including Employer's Non -ownership
Liability and Hired and Non -owned Vehicles as follows:
In an amount not less that $ 250,000 for injuries,
including accidental death, to any one person, but not
less than $ 500,000 per occurrence, and in the
amount of not less than $ 100,000 for property
damage.
(D) Proof of Coverage
Before work on this Contract is commenced, each
Contractor and subcontractor shall submit to the Owner for
approval three (3) certificates of insurance covering each
insurance policy carried and offered as evidence of compli-
ance with the above insurance requirements, signed by an
authorized representative of the insurance company setting
forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance
applies.
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(3) The name of the policy and type or types of insurance
in force thereunder on the date borne by such certi-
ficate.
(4) The expiration date of the policy and the limit or --
.limits of liability thereunder on the date borne by
such certificate.
(5) A statement that the insurance of the type afforded by
•the policy applies to all of the operations of whatever
�- character which are undertaken by the insured during
the performance of this Contract, provided such
operations are required in the performance of the.
Contract.
(b) A provision that the policy may be cancelled only by
mailing written notice to the named insured at the
address shown in the bid specifications, stating when,
not less than ten (10) days thereafter, cancellation
-of such policy shall be effective.
(7) A provision that written notice shall be given to the
Owner ten (10) days prior to any change in or cancel-
lation of the policies shown on the certificate.
30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS,
MATERIALMEN, AND FURNISHERS OF MACHINERY, EQUIPMENT AND
CIIPPI TF'S
The Contractor agrees that he will indemnify and save the
Owner, its officers, the Architect and their agents and employees
harmless from all claims growing out of any demands of subcon-
tractors, laborers, workmen, mechanics, materialmen and fur-
nishers of machinery and parts thereof, equipment, power tools,
all suppliers, including commissary, incurred in the furtherance
of the performance of this Contract. When Owner so desires, the
Contractor shall furnish satisfactory -evidence that all obliga-
tions of the nature hereinabove designated have been paid,
discharged or waived.
�. If during the progress of the work, Contractor shall allow
any indebtedness to accrue for work furnished by any of those
designated in the preceding paragraph and shall fail to pay and
discharge any such indebtedness within five (5) days after demand
is made, then Owner may, during the period for which such indebt-
edness shall remain unpaid, withhold from the unpaid portion of
this Contract, a sum equal to the amount of such unpaid indebt-
edness, or may apply the sum so withheld to discharge any such
indebtedness.
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31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The Contractor shall pay all royalties and license fees, and
shall provide for the use of any design, device, material or
process covered by letters patent or copyright by suitable legal
agreement with the Patentee or Owner thereof. The Contractor
shall defend all suits or claims for infringement of any patent
or copyrights and shall indemnify and save the Owner harmless
from any loss on account thereof, except that Owner shall defend
all such suits and claims and shall be responsible for all such
loss when a particular design, device, material or process or the
product of a particular manufacturer or manufacturers is speci-
fied or required in these Contract Documents by Owner; provided,
however, if choice of alternate design, device, material or
process is allowed to the Contractor, then Contractor shall
indemnify and save Owner harmless from any loss on account
thereof. If the material or process specified or required by
Owner is an infringement, the Contractor shall be responsible for
such loss unless he promptly gives written notice to the Owner of
such infringement.
32. LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with
all federal, state and local laws, ordinances and regulations
which in any manner affect the Contract or the work, and shall
indemnify and save harmless the Owner against any claims arising
from the violation of any such laws, ordinances and regulations,
whether by the Contractor or his employees. If the Contractor
observes that the plans and specifications are at variance
therewith, he shall promptly notify the Architect and Owner's
Representative in writing, and any necessary changes shall be
adjusted as provided in the Contract for changes in the work. If
the Contractor performs any work knowing it to be contrary to
such laws, ordinances, rules and regulations, and without such
notice to the Owner's Representative, he shall bear all costs
arising therefrom.
The Owner is a municipal corporation of the State of Texas
and the law from which it derives its powers, insofar as the same
regulates the objects for which, or the manner in which, or the
conditions under which the Owner may enter into contracts, shall
be controlling and shall be considered as part of this Contract
to the same effect as though embodied herein.
33. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed, by and between
the Contractor and the Owner, that the date of beginning and the
time for completion of the work as specified in the Contract are
ESSENTIAL CONDITIONS of this Contract; and it is further mutually
understood and agreed that the work embraced in this Contract
shall be commenced on a date to be specified in the "Notice to
Proceed."
The Contractor agrees that said work shall be prosecuted
regularly, diligently and uninterruptedly at such rate of
progress as will insure full completion thereof within the time
specified. It is expressly understood and agreed by and between
the Contractor and the Owner that the time for the completion of
the work described herein is a reasonable time for the comple-
tion of the same, taking into consideration the average climatic
range and usual industrial conditions prevailing in the locality.
-If the said Contractor shall neglect, fail or refuse to
complete the work within the time herein specified, or any proper
extension thereof granted by the Owner, then the Contractor does
hereby agree, as a part of the consideration for the awarding of
.-- this Contract, to pay to the Owner the amount specified in the
Bid Proposal, not as a penalty, but as liquidated damages for
such breach of Contract as hereinafter set forth, for each and
every calendar day that the Contractor shall be in default after
the time stipulated in the Contract for completing the work.
The said amount is fixed and agreed upon by and between the
Contractor and the Owner because of the impracticability and
extreme difficulty of fixing and ascertaining the actual damages
the Owner would in such event sustain, and said amount is agreed
to be the amount of damages which the Owner would sustain, and
said amount shall be permanently retained from time to time by
the Owner from current periodical estimates.
It is further agreed that time is of the essence for each
and every portion of this Contract and of the specifications
.wherein a definite and certain length of time is fixed for the
�- performance of any act whatsoever; and where, under the Contract,
additional time is allowed for the completion of any work, the
new time limit fixed by such extension shall be of the essence of
this Contract. Provided, that the Contractor shall not be
charged with liquidated damages or any excess cost when the Owner
determines that the Contractor is without fault and the Contrac-
tor's reasons for the time extension"are acceptable to the Owner.
Provided, further, that the Contractor shall not be charged with
liquidated damages or any excess cost when the delay in comple-
tion of the work is due:
(a) To any preference, priority or allocation order duly
issued by the Government.
(b) To any unforeseeable cause beyond the control and
without the fault or negligence of the Contractor,
including, but not restricted to, acts of God or of
the public enemy, acts of the Owner, acts of another
Contractor in the performance of a contract with the
Owner, fires, floods, epidemics, quarantine restric-
- tions, strikes, freight embargoes or severe weather;
and
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(c) To any delays of subcontractors or suppliers occasioned
by any of the causes specified in subsections (a) or
(b) of this section.
Provided further, that the Contractor shall, within ten (10)
days from the beginning of such delay, unless the Owner shall
grant a further period of time prior to the date of final
settlement of the Contract, notify the Owner's Representative, in
writing, of the causes of the delay, who shall ascertain the
facts and extent of the delay and notify the Contractor within a
reasonable time of the Owner's decision in the matter.
34. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this Contract, unless
otherwise herein specifically provided, that the Contractor shall
be allowed to prosecute his work at such time and sessions, in
such order or precedence, and in such manner as shall be most
conducive to economy of construction; provided, however, that the
order and time of prosecution shall be such that the work shall
be --substantially completed as a whole and in part, in accordance
with this Contract, the plans and specifications, and within the
time of completion designated in the proposals; provided, also,
that when the Owner is having other work done, either by contract
or by his own force, the Owner's Representative may direct the -
time and manner of construction work done under this Contract so
that conflicts will be avoided and the construction of the
various works being done for the Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably
.be requested by the Owner's Representative or Architect, sche-
dules which shall show the order in which the Contractor pro-
poses to carry on the work, with dates at which the Contractor
will start the several parts of the work, and estimated dates of
completion of the several parts.
35. EXTENSION OF TIME
The Contractor agrees that he has submitted his proposal in
full recognition of the time required for the completion of this
project, taking into consideration the average climatic range and
industrial conditions prevailing in this locality, and has
considered the liquidated damage provisions of section 33
hereinabove set forth, and that he shall not be entitled to, nor
will he request, an extension of time on this Contract, except
when his work has been delayed by an act or neglect of the Owner,
Owner's Representative, the Architect, employees of the Owner or
other contractors employed by the Owner, or by changes ordered in
the work, or by strike, walk -outs, acts of God or the public
enemy, fire or flood. The Contractor may apply in writing for an
extension of time, submitting -therewith all written justifica-
tions as may be required by the Owner's. Representative for such
an extension. The Owner's Representative within ten (10) days
after receipt of a written request for an extension of time by
- 20 -
the Contractor, supported by all requested documentation shall
r.-
then submit such written request to the City Council of the City
of Lubbock for its consideration. Should the Contractor disagree
with the action of the City Council, such disagreement shall be
settled by arbitration as hereinafter provided.
36. HINDRANCE AND DELAYS
�. In executing this Agreement, the Contractor agrees that in
undertaking to complete the work within the time herein fixed, he
has taken into consideration and made allowances for all hin-
drances and delays incident to such work, whether growing out of
delays in securing material or workmen or otherwise. No charge
shall.be.made by the Contractor for hindrance or delays from any
cause during the progress of any part of the work embraced in
-•- this Contract except where the work is stopped by order of the
Owner or Owner's Representative for the Owner's convenience, in
which event such expense, as in the judgment of the Owner's
Representative is caused by such stoppage, shall be paid by Owner
to Contractor.
37. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be
allowed, but the actual measured or computed length, area, solid
�- contents, number and weight only shall be considered, unless
otherwise specifically provided.
In the event this Contract is let on a unit price basis,
then Owner and Contractor agree that this Contract, including the
specifications, drawings and other Contract Documents are
intended to show clearly all work to be done and material to be
furnished hereunder. Where the estimated quantities are shown
for the various classes of work to be done and material to be
furnished under this Contract, they are approximations and are to
be used only as a basis for estimating the probable cost of the
work and for comparing their proposals offered for the work. It
is understood and agreed that the actual amount of work to be
done and the materials to be furnished under this Contract may
differ somewhat from these estimates, and that where the basis
for payment under this Contract is the unit price method, payment
shall be for the actual amount of work done and materials
furnished on the project.
38. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the
adjacent or adjoining property or properties in any way en-
countered and which may be injured or damaged by any -
process of construction to be undertaken under this Agreement,
and he shall be liable for any and all claims for such injury or
damage on account of his failure to fully protect all adjacent
property. The Contractor agrees to indemnify, save and hold
harmless the Owner against any claim or claims for damages due
- 21 -
to any injury to any adjacent or
growing out of the performance of
indemnity shall not apply to any
of the existence or character of
39. PRICE FOR WORK
adjoining property arising or
this Contract, but such
claim of any kind arising out
the work.
In consideration of furnishing all necessary labor, equip-
ment and material and the completion of all work by the Contrac-
tor, and on the delivery of all materials embraced in this
Contract in full conformity with the specifications and stipu-
lations herein contained, the Owner agrees to pay the Contractor
the price set forth in the proposal attached hereto, which has
been made a part of this Contract, and the Contractor hereby
agrees to receive such price in full for furnishing all labor,
equipment and material required for the aforesaid work, and for
all expenses incurred by him, and for well and truly performing
the same and the whole thereof in the manner and according to
this Agreement, the attached specifications, drawings, Contract
Documents and requirements of the Architect and the Owner's
Representative.
40. CONSTRUCTION SCHEDULE & PERIODIC ESTIMATES
Immediately after execution and delivery of the Contract,
and before the first partial payment is made, the Contractor
shall deliver to the Owner's Representative and to the Architect
an estimated construction progress schedule in a form satisfac-
tory to the Owner's Representative and Architect, showing the
proposed dates of commencement and completion of each of the
various subdivisions of work required under the Contract Docu-
ments and the anticipated amount of each monthly payment that
will become due the Contractor in accordance with the progress
schedule. The Contractor shall also furnish on forms to be
supplied by the Owner (a) a detailed estimate giving a complete
breakdown of the Contract price and (b) periodic itemized .
estimates of work done for the purpose of making partial payments
thereon. The costs employed in making up any of these schedules
will be used only for determining the basis of partial payments
and will not be considered as fixing a basis for additions to or
deductions from the Contract price.
At least fifteen days before the date for each progress
payment established in Section 41 of these General Conditions,
the Contractor shall submit to the Architect an itemized Appli-
cation for Payment, notarized if required, supported by such data
substantiating the Contractor's right to payment as the Owner or
the Architect may require, and reflecting retainage, if any, as
provided elsewhere in the Contract Documents.
Unless otherwise provided in the Contract Documents,
payments will be made on account of materials or equipment not
incorporated in the work but delivered and suitably stored at
the site.
- 22 -
The Contractor warrants that title to all work, materials
and equipment covered by an application for payment will pass to
the Owner either by incorporation in the construction -or upon
�. the receipt of payment by the Contractor, whichever occurs first,
free and clear of all liens, claims, security interests or
encumbrances, hereinafter referred to as "liens", and that no
work, materials or equipment covered by an Application for
�- Payment will have been acquired by the Contractor, or by any
other person performing work at the site or furnishing materials
and equipment for the project, subject to an agreement under
-' which an interest therein or an encumbrance thereon is retained
by the seller or otherwise imposed by the Contractor or such
other person.
The Architect will, within seven days after the receipt of
the Contractor's Application for Payment, either issue a Certi-
ficate for Payment to the Owner, with a copy to the Contractor,
for such amount as the Architect determines is properly due, or
notify the Contractor in writing of his reasons for withholding a
Certificate.
The issuance of a Certificate for Payment will constitute a
representation by the Architect to the Owner, based on the
�., Architect's observations at the site and the data comprising the
Application for Payment, that the work has progressed to the
point indicated; that, to the best of his knowledge, information
and belief, the quality of the work is in accordance with the
Contract Documents (subject to an evaluation of the work for
conformance with the Contract Documents upon Substantial Comple-
tion, to the results of any subsequent tests required by or
performed under the Contract Documents, to minor deviations from
the Contract Documents correctable prior to completion, and to
any specific qualifications stated in his Certificate); and that
the Contractor is entitled to payment in the amount certified.
However, by issuing a Certificate for Payment, the Architect
shall not thereby bedeemed to represent that he has made exhaus-
tive or continuous on -site inspections to check the quality or
quantity of the work, or that he has reviewed the construction
means, methods, techniques, sequences or procedures, or that he
has made any examination to ascertain how or for what purpose
-� the Contractor has used the moneys previously paid on account of
the Contract Sum.
41. PAYMENTS TO CONTRACTOR
After the Architect has issued a Certificate for Payment,
and not later than the 25th day of each calendar month, the Owner
' shall make a progress payment to the Contractor on the basis of a
duly certified and approved estimate of the work performed during
the preceding calendar month .under this Contract, but to- insure
-- the proper performance of this Contract, the Owner shall retain
five percent (5A) of the amount of each estimate until final
completion and acceptance of all work covered by this Contract:
- 23 -
Provided, that the Contractor shall submit his estimate not later
than the first day of the month; Provided, further, that the
Owner at any time after fifty percent 5041) of the work has been
completed, if it finds that satisfactory progress is being made,
may make any of the remaining progress payments in full; Pro-
vided, further, that on completion and acceptance of each
separate building, public work or other division of the Con-
tract, on which the price is stated separately in the Contract,
payment may be made in full, including retained percentages
thereon, less authorized deductions.
In preparing estimates, the material delivered on the site
and preparatory work done may be taken into consideration.
All material and work covered by partial payments made shall
thereupon become the sole property of the Owner, but this
provision shall not be construed as relieving the Contractor
from the sole responsibility for the care and protection of
materials and work upon which payments have been made, or the
restoration of any damaged work, or as a waiver of the right of
the Owner to require the fulfillment of all the terms of the
Contract.
Owner's Right To Withhold Certain Amounts and Make Applica-
tion Thereof: The Contractor agrees that he will indemnify and
save the Owner harmless from all claims growing out of the lawful
demands of subcontractors, laborers, workmen, mechanics, mate
rialmen and furnishers of machinery and parts thereof, equip-
ment, power tools and all supplies, including commissary,
incurred in the furtherance of the performance of the Contract.
The Contractor shall, at the Owner's request, furnish satisfac-
.tory evidence that all obligations of the nature hereinabove
designated have been paid, discharged or waived. If the
Contractor fails so to do, then the Owner may, after having
served written notice on the said Contractor, either directly pay
unpaid bills of which the Owner has written notice, or withhold
from the Contractor's unpaid compensation a sum of money deemed
reasonably sufficient to pay any and all such lawful claims until
satisfactory evidence is furnished.that all liabilities have been
fully discharged, whereupon payment to the Contractor shall be
resumed in accordance with the terms of this Contract, but in no
event shall the provisions of this sentence be construed to
impose any obligations upon the Owner to either the Contractor or
his Surety. In paying any unpaid bills of the Contractor, the
Owner shall be deemed the agent of the Contractor, and any
payment so made by the Owner shall be considered as a payment
made under the Contract by the Owner to the Contractor, and the
Owner shall not be liable to the Contractor for any such payments
made in good faith.
No Certificate for a progress payment, nor any progress
payment, nor any partial or entire use or occupancy of the
Project by the Owner, shall constitute an acceptance of any work
not in accordance with the Contract Documents.
- 24 -
The Contractor shall promptly pay each subcontractor, upon
receipt of payment from the Owner, out of the amount paid to the
Contractor on account of such subcontractor's work, the amount to
which said subcontractor is entitled, reflecting the percentage
actually retained, if any, from payments to the Contractor on
account of -such subcontractor's work. The Contractor shall, by
an appropriate agreement with each subcontractor, require each
subcontractor to make payments to his sub -subcontractors in
similar manner.
P- 42. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND
SUBCONTRACTORS.
.r The Contractor and each subcontractor shall prepare their
payrolls on forms satisfactory to and in accordance with in-
structions to be furnished by the Local Public Agency or Public
Body. The Contractor shall submit weekly to the Local Public
Agency or Public Body two certified copies of all payrolls of the
Contractor and of the subcontractors, it being understood that
the Contractor shall be responsible for the submission of copies
of payrolls of all subcontractors. Each such payroll shall
contain the "Weekly Statement of Compliance" set forth in Section
3.3 of Title 29, Code of Federal Regulations. The payrolls and
basic payroll records of the Contractor and each subcontractor
covering all laborers and mechanics employed upon the work
covered by this Contract shall be maintained during the course of
the work and preserved for a period of three (3) years there-
after. Such payrolls and basic payroll records shall contain the
name and address of each such employee, his correct classifica-
tion, rate of pay (including rates of contributions or costs
anticipated of the types described in Section 1(b)(2) of the
Davis -Bacon Act), daily and weekly number of hours worked,
deductions made and actual wages paid. In addition, whenever the
Secretary of Labor has found under Section 5.5(a)(1)(iv) of Title
29, Code of Federal Regulations, that the wages of any laborer or
mechanic include the amount of any costs reasonably anticipated
in providing benefits under a plan or -program described in
Section 1(b)(2)(B) of the Davis -Bacon Act, the Contractor or
subcontractor shall maintain records which show that the
commitment to provide such benefits is enforceable, that the plan
or program is financially responsible and that the plan or
program has been communicated in writing to the laborers or
mechanics affected, and records which show the costs anticipated
or the actual cost incurred in providing such benefits. The
Contractor and each subcontractor shall make their employment
records with respect to persons employed by them upon the work
covered.by this Contract available for inspection by authorized
representatives of the Secretary of Housing and Urban Develop-
ment, the Local Public Agency or Public Body and the United
States Department of Labor. Such representatives shall -be
permitted to interview emp.loyees of the Contractor or of any
subcontractor during working hours on the job.
- 25 -
43. MINIMUM WAGES (See Exhibit B: In excess of $2,000)
All laborers and mechanics employed upon the work covered by
this Contract shall be paid unconditionally and not less often
than once each week, and without subsequent deduction -or rebate
on any account (except such payroll deductions as are made
mandatory by law and such other payroll deductions as are
permitted by the applicable regulations issued by the Secretary
of Labor, United States Department of Labor, pursuant to the
Anti -Kickback Act hereinafter identified), the full amount due at
time of payment computed at wage rates not less than those
contained in the wage determination decision of said Secretary of
Labor (a copy of which is included in Exhibit B) regardless of
any contractual relationship which may be alleged to exist
between the Contractor or any subcontractor and such laborers and
mechanics. All laborers and mechanics employed upon such work
shall be paid in cash, except that payment may be by check if the
employer provides or secures satisfactory facilities approved by
the Local Public Agency or Public Body for the cashing of the
same without cost or expense to the employee. For the purpose of
this clause, contributions made or costs reasonably anticipated
under Section 1(b)(2) of the Davis -Bacon Act on behalf of
laborers or mechanics are considered wages paid to such laborers
or mechanics, subject to the provisions of Section 5.5(a)(1)(iv)
of Title 29, Code of Federal Regulations. Also for the purpose
of this clause, regular contributions made or costs incurred for
more than a weekly period under plans, funds or programs, but
covering the particular weekly period, are deemed to be con-
structively made or incurred during such weekly period.
44. POSTING WAGE DETERMINATION DECISIONS AND AUTHORIZED WAGE
DEDUCTIONS
The applicable wage poster of the Secretary of Labor, United
States Department of Labor, and the applicable wage determination
decisions of said Secretary of Labor with respect to the various
classification of laborers and mechanics employed and to be
employed upon the work covered by this Contract, and a statement
showing all deductions, if any, in accordance with the provisions
of this Contract, to be made from wages actually earned by
persons so employed or to be employed in such classifications,
shall be posted at appropriate conspicuous points at the site of
the work.
45. EMPLOYMENT OF LABORERS OR MECHANICS NOT LISTED IN AFORESAID
WAGE DETERMINATION DECISIONS
Any class of laborers or mechanics which is not listed in
the wage determination decisions and which is to be employed
under the Contract will be classified or reclassified conform-
ably to the wage determination by the Local Public Agency or
Public Body, and a .report of the action taken shall be submitted
by the Local Public Agency or Public Body, through the Secretary
of Housing and Urban Development, to the Secretary of Labor,
- 26 -
United States Department of Labor. In the event the interested
parties cannot agree on the proper classification or reclassi-
fication of a particular class of laborers and mechanics to be
used, the question, accompanied by the recommendation -of the
Local Public Agency or Public Body, shall be referred, through
the Secretary of Housing and Urban Development, to the Secretary
of Labor for final determination.
46. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY EMPLOYEES
The transportation of materials and supplies to or from the
site of the Project or Program to which this Contract pertains
by the employees of the Contractor or of any subcontractor, and
the manufacturing or furnishing of materials, articles, supplies
or equipment on the site of the Project or Program to which this
Contract pertains by persons employed by the Contractor or by
any subcontractor, shall, for the purposes of this Contract, and
without limiting the generality of the foregoing provisions of
this Contract, be deemed to be work to which these Federal Labor
Standards Provisions are applicable.
�-- 47. UNDERPAYMENTS OF WAGES OR SALARIES
In case of underpayment of wages by the Contractor or by any
subcontractor to laborers or mechanics employed by the Contractor
or subcontractor upon the work covered by this Contract, the
Local Public Agency or Public Body, in addition to such other
rights as may be afforded it under this Contract, shall withhold
from the Contractor, out of any payments due the Contractor, so
much thereof as the Local Public Agency or Public Body may
consider necessary to pay such laborers or mechanics the full
,-. amount of wages required by this Contract. The amount so
withheld may be disbursed by the Local Public Agency or Public
Body, for and on account of the Contractor or the subcontractor
(as may be appropriate), to the respective laborers or mechanics
to whom the same is due, or on their behalf to plans, funds or
programs for any type offringe benefit prescribed in the
applicable determination.
48. ANTICIPATED COSTS OF FRINGE BENEFITS
.-� If the Contractor does not make payments to a trustee or
other third person, he may consider as part of the wages of any
laborer or mechanic the amount of any costs reasonably antici-
pated in providing fringe benefits under a plan or program of a
type expressly listed in the wage determination decisions of the
Secretary of Labor, which are a part of this Contract: Provided,
the Secretary of Labor has found, upon the written request of the
^" Contractor, that the applicable standards of the Davis -Bacon Act
have been met. The Secretary of Labor may require the Contractor
to set aside, in a separate account, assets for meeting the
obligations under the plan or program. A copy of any findings
made by the Secretary of Labor in respect to fringe benefits
- 27 -
being provided by the Contractor must be submitted to the Local
Public Agency or Public Body with the first payroll filed by the
Contractor subsequent to receipt of the findings.
.•.,.4.9...—FRI..N.CE...BENEF.ITS.-N.OT..EXPRESSED-.AS.HO.UR.LY WAGE RATES
The Local Public Agency or Public Body shall require,
whenever the minimum rate prescribed in the Contract for a class
of laborers or mechanics includes a fringe benefit which is not
expressed as an hourly wage rate, and the Contractor is obligated
to pay the cash equivalent of such a fringe benefit, an hourly
cash equivalent thereof to be established. In the event the
interested parties cannot agree upon a cash equivalent of the
fringe benefit, the question, accompanied by the recommendation
of the Local Public Agency or Public Body, shall be referred,
'through the Secretary of Housing and Urban Development, to the
Secretary of Labor for determination. -
50. OVERTIME COMPENSATION REQUIRED BY CONTRACT WORK HOURS AND
SAFETY STANDARDS ACT (76 STAT. 357-360: TITLE 40 U.S.C.,
SECTIONS 327-332
(a) Overtime requirements. No Contractor or subcontractor
contracting for any part of the Contract work which may require
or involve the employment of laborers or mechanics, including
watchmen and guards, shall require or permit any laborer or
mechanic in any work week in which they are employed on such work
to work in excess of 40 hours in such work week unless such
laborer or mechanic receives compensation at a rate not less than
one and one-half times their basic rate of pay for all hours
worked in excess of 40 hours in such work week.
(b) Violation: Liability for unpaid wages and liquidated
damages. In the event of any violation of the clause set forth
in paragraph (a) of this Section, the Contractor and any subcon-
tractor responsible therefor shall be liable to any affected
employee for his unpaid wages. In addition, such Contractor and
subcontractor shall be liable to the United States for liquidated
damages. Such liquidated damages shall be computed with respect
to each individual laborer or mechanic employed in violation of
the clause set forth in paragraph (a) in the sum of $10 for each
calendar day on which such employee was required or permitted to
work in excess of the standard work week of 40 hours without
payment of the overtime wages required by the clause set forth in
paragraph (a).
(c) Withholding for liquidated damaqes. The Local Public
Agency or Public Body shall withhold or cause to be withheld from
any moneys payable on account of work performed by the Contractor
or any subcontractor such sums as may administratively be
determined to be necessary to satisfy any liabilities of such
Contractor or subcontractor for liquidated damages as provided in
the clause set forth in paragraph (b) of this Section.
(d) Subcontracts. The Contractor shall insert in any
subcontracts the clauses set forth in paragraphs (a), (b) and
(c) of this Section and also a clause requiring the subcon-
tractors to include these clauses in any lower tier subcontract
which they may enter into, together with a clause requiring this
insertion in any further subcontracts that may in turn be made.
51. EMPLOYMENT OF APPRENTICES/TRAINEES
(a) Apprentices will be permitted to work at less than the
predetermined rate for the work they perform when they are
employed and individually registered in a bona fide apprentice-
ship program registered with the U. S. Department of Labor,
Manpower Administration, Bureau of Apprenticeship and Training,
or with a State Apprenticeship Agency recognized by the Bureau,
or if a person is employed in his first 90 days of probationary
employment as an apprentice in such an apprenticeship program who
is not individually registered in the program, but who has been
certified by the Bureau of Apprenticeship and Training or a State
Apprenticeship Agency (where appropriate) to be eligible for
probationary employment as an apprentice. The allowable ratio of
apprentices to journeymen in any craft classification shall not
be greater than the ratio permitted to the Contractor as to his
entire work force under the registered program. Any employee
listed on a payroll at an apprentice wage rate who is not a
trainee as defined in paragraph (b) of this Section, or is not
registered or otherwise employed as stated above, shall be paid
�-- the wage rate determined by the Secretary of Labor for the
classification of work he actually performs. The Contractor or
subcontractor will be required to furnish to the contracting
officer, or a representative of the Wage -Hour Division of the
U.S. Department of Labor, written evidence of the registration of
his program and apprentices, as well as the appropriate ratios
and wage rates (expressed in percentages of the journeymen hourly
rates), for the area of construction prior to using any appren-
tice on the Contract work. The wage rate paid apprentices shall
be not less than the appropriate percentage of the journeyman's
•M rate contained in the applicable wage determination.
(b) Trainees. Except as provided in 29 CFR 5.159 trainees
will not be permitted to work at less than the predetermined rate
for the work performed unless they are employed pursuant to and
individually registered in a program which has received prior
approval, evidenced by formal certification, by the U. S.
"- Department of Labor, Manpower Administration, Bureau of Appren-
ticeship and Training. The ratio of trainees to journeymen shall
not be greater than permitted under the plan approved by the
�- Bureau of Apprenticeship and Training. Every trainee must be
paid at not less than the rate specified in the approved program
for his level of progress. Any employee listed on the payroll at
- 29 -
a trainee rate who is not registered and participating in a
training plan approved by the Bureau of Apprenticeship and
Training shall be paid not less than the wage rate determined by
the Secretary of Labor for the classification of work he actually
performs. The Contractor or subcontractor will be required .to
furnish the contracting officer or a representative of the
Wage -Hour Division of the U.S. Department of Labor written
evidence of the certification of his program, the registration of
the trainees and the ratios and wage rates prescribed in that
program. In the event the Bureau of Apprenticeship and Training
withdraws approval of a training program, the Contractor will no
longer be permitted to utilize trainees at less than the appli-
cable predetermined rate for the work performed until an accept-
able program is approved.
(c) Equal Employment Opportunity. The utilization of
apprentices, trainees and journeymen under this part shall be in
conformity with the equal employment opportunity requirements of
Executive Order 11246, as amended, and 29 CFR Part 30.
52. EMPLOYMENT OF CERTAIN PERSONS PROHIBITED
No person under the age of sixteen years and no person who,
at the time, is serving sentence in a penal or correctional
institution shall be employed on the work covered by this
Contract. -
53. REGULATIONS PURSUANT TO SO-CALLED "ANTI -KICKBACK ACT"
The Contractor shall comply with the applicable regulations
(See Exhibit A, attached and herein incorpo-
rated by reference) of the Secretary of Labor, United States
Department of Labor, made pursuant to the so-called "Anti -Kick-
back Act" of June 13, 1934 (48 Stat. 948, 62 Stat. 862, 63 Stat.
108, 72 Stat. 967; 62 Stat. 740: Title 18 U.S.C., Section 874
and Title 40 U.S.C., Section 276c) and any amendments or modi
fications thereof, and shall cause appropriate provisions to be
inserted in subcontracts to insure compliance therewith by all
subcontractors subject thereto, and shall be responsible for the
submission of affidavits required by subcontractors thereunder,
except as said Secretary of Labor may specifically provide for
reasonable limitations, variations, tolerances and exemptions
from the requirements thereof.
54. COMPLAINTS, PROCEEDINGS OR TESTIMONY BY EMPLOYEES
No laborer or mechanic to whom the wage, salary or other
labor standards provisions of this Contract are applicable shall
be discharged or in any other manner discriminated against by the
Contractor or any subcontractor because such employee has filed
any complaint or instituted or caused to be instituted. any
proceeding or has testified or is about to testify in any
proceeding under or relating to the labor standards applicable
to his employer under this Contract.
- 30 -
55. CLAIMS AND DISPUTES PERTAINING TO WAGE RATES
Claims and disputes pertaining to wage rates or to clas-
sifications of laborers and mechanics employed upon the work
covered by this Contract shall be promptly reported by the
Contractor, in writing, to the Local Public Agency or Public Body
for referral by the latter through the Secretary of Housing and
Urban Development to the Secretary of Labor, United States
Department of Labor, whose decision shall be final with respect
thereto.
56. QUESTIONS CONCERNING CERTAIN FEDERAL STATUTES AND
REGULATIONS
All questions arising under this Contract which relate to
the application or interpretation of (a) the aforesaid Anti -
Kickback Act, (b) the Contract Work Hours and Safety Standards
Act, (c) the aforesaid Davis -Bacon Act, (d) the regulations
issued by the Secretary of Labor, United States Department of
Labor, pursuant to said Acts or (e) the labbr standards pro-
visions of any other pertinent Federal statute, shall be re-
ferred, through the Local Public Agency or Public Body and the
Secretary of Housing and Urban Development, to the Secretary of
Labor, United States Department of Labor, for said Secretary's -
appropriate ruling or interpretation, which shall be authori-
tative and may be relied upon for the purposes of this Contract.
57. FINAL COMPLETION AND ACCEPTANCE
When the Contractor considers that the work, or a designated
portion thereof which is acceptable to the Owner, is substan-
tially complete as defined, the Contractor shall prepare for
submission to the Architect a list of items to be completed or
corrected. The failure to include any items on such list does
not alter the responsibility of the Contractor to complete all
work in accordance with the Contract Documents.
Within thirty-one (31) days after the Contractor has given
the Architect written notice that the work has been completed or
substantially completed, the Architect and the Owner's Represen-
tative shall inspect the work and within said time, if the work
be found to be completed or substantially completed in accordance
with the Contract Documents, the Architect will then prepare a
Certificate of Substantial Completion, which shall establish the
Date of Substantial Completion, and shall fix the.time within
which the Contractor shall complete the items listed therein.
Warranties required by the Contract Documents shall commence on
the Date of Substantial Completion of the Work or designated
portion thereof, unless otherwise provided in the Certificate of
Substantial Completion. The. -Certificate of Substantialtomple-
tion shall be submitted to the Owner and the Contractor for their
written acceptance of the responsibilities assigned to them in
such Certificate.
- 31 -
Upon Substantial Completion.of the Work or designated
portion thereof, and upon application by the Contractor and
certification by the Architect, the Owner shall within ten
(10) days issue a certificate of acceptance of the work to
the Contractor..
58. FINAL PAYMENT
Upon receipt of written notice that the work is ready for
final inspection and acceptance, and upon receipt of a final
Application for Payment, the Architect will promptly make such
inspection and, when he finds the work acceptable under the
Contract Documents, and the Contract fully performed, he will
prepare a Final Statement of the value of all work performed and
materials furnished under the terms of the Agreement and promptly
issue a final Certificate for Payment, stating that to the best
of his knowledge, information and belief, and on the basis of his
observations and inspections, the work has been completed in
accordance with the terms and conditions of the Contract Docu-
ments, and that the entire balance found due the Contractor and
noted in said final Certificate, is due and payable. The
Architect's final Certificate for Payment will constitute a
further representation that the conditions precedent to the
Contractor's being entitled to final payment, as set forth, have
been fulfilled.
Upon receipt of the Architect's Certificate of Completion,
the Owner's Representative shall, if such Certificate is satis-
factory, submit same to the Owner, who shall pay to the Contrac-
tor on or before the 31st day after the date of the Certificate
of Completion, the balance due Contractor under the terms of this
Agreement, provided he has fully performed his contractual
obligations under the terms of said Agreement; and said payment
shall become due in any event upon said performance by the
Contractor. Neither the certificate of acceptance, nor the final
payment, nor any provisions in the Contract Documents shall
relieve the Contractor of the obligation for fulfillment of any
warranty which may be required in the special conditions (if any)
of this Contract or in the specifications made a part of this
Contract.
59. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK
The Contractor shall promptly remove from the Owner's
premises all materials condemned by the Owner's Representative on
account of failure to conform to the Contract, whether actually
incorporated in the work or not, and the Contractor shall at his
own expense promptly replace such condemned materials with other
materials conforming to the requirements of the Contract. The
Contractor shall also bear th,e expense of restoring all -work of
other contractors damaged by any such removal or replacement. If
the Contractor does not remove and replace any such condemned
- 32 -
work within a reasonable time after a written notice by the Owner
or the Owner's Representative, Owner may remove and replace it at
Contractor's expense.
60. CORRECTION OF WORK AFTER FINAL PAYMENT
Neither the final payment nor certificate nor any provision
in this Contract shall relieve the Contractor of responsibility
for faulty materials or workmanship, and he shall remedy any
defects due thereto and pay for any damage to other work result-
ing therefrom which shall appear within a period of one (1) year
from the date of substantial completion. The Owner or the
Owner's Representative shall give notice of observed defects with
reasonable promptness.
61. PAYMENT WITHHELD
The Architect may decline to certify payment, and may
-- withhold his Certificate in whole or in part, to the extent
reasonably necessary to protect the Owner if, in his opinion, he
is _ -unable to make representations.to the Owner as provided. If
the Architect is unable to make representations to the Owner as
provided, and to certify payment in the amount of the Applica-
tion, he will notify the Contractor. If the Contract or the
Architect cannot agree on a revised amount, the Architect will
promptly issue a Certificate for Payment for the amount for which
he is able to make such representations to the Owner. The
Architect may also decline to certify payment or, because of
subsequently discovered evidence or subsequent observations, he
may nullify the whole or any part of any Certificate for Payment
previously issued, or the Owner may withhold or nullify the whole
or part of any Certificate of Payment, to such extent as may be
necessary to protect the Owner from loss because of:
1. defective work not remedied,
2. third party claims filed or reasonable evidence
indicating probable filing of such claims,
3. failure of the Contractor to make payments properly to
subcontractors, or for labor, materials -or equipment,
4. reasonable evidence that the work cannot be completed
for the unpaid balance of the Contract Sum,
5. damage to the Owner or another contractor,
6. reasonable.evidence that the work will not be completed
within the Contract time,
7. persistent failure to carry out the work in accordance
with the Contract Documents, or
33 -
8. failure to comply with contractual obligations to meet
all federal requirements concerning labor standards.
When the above grounds are removed, or the Contractor
provides a surety bond satisfactory to the Owner which will
protect the Owner in the amount withheld, payment shall be made
for amounts withheld because of the above grounds.
62. DELAYED PAYMENT
If within seven days after receipt of.the Contractor's
Application for Payment, the Architect does not issue a Certi-
ficate for Payment. or notify the Contractor that he is unable to
'make representations to the Owner, as provided in Section 40
herein, or if the Owner does not pay the Contractor within seven
days after the date established in the Contract Documents any
amount certified by the Architect or awarded by arbitration, or
any sum due to the Contractor which is not in dispute, then the
Owner shall pay the Contractor, in addition to the sums shown as
due by such statement or Certificate, interest thereon at the
rate of zero percent per annum, unless otherwise specified, from
the date due, as provided under partial payments and final
payments heretofore set forth in this Contract, until such sums
are fully paid, which shall fully liquidate any injury to the
Contractor growing out of such delay in payment.
63. TIME OF FILING CLAIMS
It is further agreed by both parties hereto that all
questions of dispute or adjustment presented by the Contractor
shall be in writing and filed with the Owner's Representative
within fifteen (15) days after the Architect has given any
directions, orders or instructions to which the Contractor
desires to take exception. The Owner's Representative shall
reply to such written exceptions by the Contractor and render his
final decision in writing. In case the Contractor should appeal
from the decision of the Owner's Representative, any demand for
arbitration shall be filed with, the Owner's Representative and
the Owner in writing within ten (10) days after the date of
delivery to the Contractor of the final decision of the Owner's
Representative. It is further agreed that final acceptance of the
work by the Owner and the acceptance by the Contractor of the
final payment shall be a bar to any claim by either party, except
where noted otherwise in the Contract Documents.
64. ARBITRATION
All questions of dispute under this Agreement shall be
submitted to arbitration at the request of either party to the
dispute,. The parties may agree upon one arbitrator, otherwise,
there shall be three; one named in writing by each party and the
third chosen by the two arbiters selected; or if the arbiters
fail to select a third arbiter within ten (10) days, he shall be
chosen by the District Judge, 72nd District of Texas. Each
- 34 -
arbiter shall be a resident of the City of Lubbock. Should the
party demanding arbitration fail to name an arbiter within ten
(10) days of the demand, his right to arbitrate shall lapse, and
the decision of the Owner's Representative shall be final and
binding on him. Should the other party fail to choose an arbiter
within ten (10) days, the Owner's Representative shall appoint
such arbiter. Should either party refuse or neglect to supply
the arbiters with any papers or information demanded in writing,
the arbiters are empowered by both parties to take Ex Parte
Proceedings.
"- The arbiters shall act with promptness. The decision .of any
two shall be binding on both parties to the Contract, unless
either or both parties shall appeal within ten (10) days from
date of the award by the arbiters, and it is hereby agreed that
each party shall have the right of appeal, and all proceedings
shall be according to and governed by the Arbitration Statutes of
Texas, being Article 224, et seq., Vernon's Annotated Civil
Statutes. THE DECISION OF THE ARBITERS UPON ANY QUESTION
SUBMITTED TO ARBITRATION UNDER THIS CONTRACT SHALL BE A CON-
DrTION PRECEDENT TO ANY RIGHT OF LEGAL ACTION.
The arbiters, if they deem the case demands it, are autho-
rized to award the party whose contention is sustained such sums
as they deem proper for the time, expense and trouble incident to
the appeal, and if the appeal was taken without reasonable cause,
they may award damages for any delay occasioned thereby. The
arbiters shall fix their own compensation, unless otherwise
provided by agreement, and shall assess the costs and charges of
the arbitration upon either or both parties. The award of the
.arbiters must be made in writing and shall not be open to
-- objection on account of the form of proceedings or award.
65. ABANDONMENT BY CONTRACTOR
In case the Contractor should abandon and fail or refuse to
resume work within ten (10) days after written notification from
the Owner's Representative or Architect, or if the Contractor
fails to comply with the orders of the Architect, when such
orders are consistent with this Contract, or the Specifications
hereto attached, then the Surety on the bond shall be notified in
writing and directed to complete the work, and a copy of said
notice shall be delivered to the Contractor.
After receiving said notice of abandonment, the Contractor
shall not remove from the work any machinery, equipment, tools,
materials or supplies then on the job, but the same, together
with any materials and equipment under the Contract for work, may
be held for use on the work by the Owner or the Surety of the
Contractor or another Contractor in completion of the work; and
the Contractor shall not receive any rental or credit therefore
(except when used in connection with Extra Work, where credit
shall be allowed as provided for under Section 25 of this
- 35 -
Contract); it being understood that the use of such equipment and
materials will ultimately reduce the cost to complete the work
and be reflected in the final settlement.
In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for, within ten _
(10) days after service of such notice, then the Owner may
provide for completion of the work in either of the following _.
elective manners:
(a) The Owner may employ such force of men and use of
machinery, equipment, tools, materials and supplies as said
Owner may deem necessary to complete the work and charge the
expense of such labor, machinery, equipment, tools, mate-
rials and supplies to said Contractor, and the expense so
charged shall be deducted and paid by the Owner out of such
moneys as may be due, or that may thereafter at any time
become due to the Contractor under and by virtue of this
Agreement. In case such expense is less than the sum which
would have been payable under this Contract, if the same had
- been completed by the Contractor, then said Contractor shall
receive the difference. In case such expense is greater
than the sum would have been payable under this Contract, if
the same had been completed by said Contractor, then the
Contractor and/or his Surety shall pay the amount of such,
excess to the Owner; or
(b) The Owner, under sealed bids, after notice
published as required by law, at least twice in a newspaper
having a general circulation in the county where the -work is
located, may let the contract for the completion of the
work under substantially the same terms and conditions which
are provided in this Contract. In case of any increase in
cost to the Owner under the new contract as compared to what
would have been the cost under this Contract, such increase
shall be charged to the Contractor, and the Surety shall be
and remain bound therefore. However, should the cost to
complete any such new contract prove to be less than that
which would have been the cost to complete the work under
this Contract, the Contractor or his Surety shall be
credited therewith.
When the work shall have been substantially completed,
the Contractor and his Surety shall be so notified and
certificates of completion and acceptance, as provided in
Section 57 hereinabove set forth, shall be issued. A
complete itemized statement of the Contract accounts,
certified by the Owner's Representative as being correct,
shall then be prepared and delivered to the Contractor and
his Surety, whereon the Contractor or his Surety -or the
Owner, as the case may be, shall pay the balance duo, as
reflected by said statement, within sixty days after the
date of certificate of completion.
- 36 -
In the event the statement of accounts shows that the
�.. cost to complete the work is less than that which would have
been the cost to the Owner had the work been completed by
the Contractor under the terms of this Contract, or when the
Contractor and/or his Surety shall pay the balance shown to
be due by them to the Owner, then all machinery, equipment,
tools, materials or supplies left on the site of the work
shall be turned over to the Contractor and/or his Surety.
Should the cost to complete the work exceed the contract
price, and the Contractor and/or his Surety fail to pay the
amount due the Owner within the time designated hereinabove,
and there remains any machinery, equipment, tools, materials
or supplies on the site of the work, notice thereof,
together with an itemized list of such equipment and
materials shall be mailed to the Contractor and his Surety
at the respective addresses designated in this Contract;
provided, however, that actual written notice given in any
manner will satisfy this condition. After mailing, or other
giving of such notice, such property shall be held at the
risk of the Contractor and his Surety, subject only to the
duty of the Owner to exercise ordinary care to protect such
property. After fifteen (15) days from the date of said
notice, the Owner may sell such machinery, equipment, tools,
materials or supplies and apply the net sum derived from
such sale to the credit of the Contractor and his Surety.
Such sale may be made at either public or private sale, with
or without notice, as the Owner may elect. The Owner shall
release to the proper owners any machinery, equipment,
tools, materials or supplies which remain on the job site
and belong to persons other than the Contractor of his
Surety.
66. ABANDONMENT BY OWNER
In case the Owner shall fail to comply with the terms of
this Contract, and should fail or refuse to comply with said
terms within ten (10) days after written notification by the
Contractor, then the Contractor may suspend or wholly abandon the
work, and may remove therefrom all machinery, tools and equip-
ment, and all materials on the ground that have not been included
in payments to the Contractor and have not been incorporated into
the work. Thereupon, the Architect shall make an estimate of the
total amount earned by the Contractor, which estimate shall
include the value of all work actually completed by said Con-
tractor at the prices stated in the attached proposal, the value
of all partially completed work at a fair and equitable price,
and the amount of all Extra Work performed at the prices agreed
upon, or provided for by the terms of this Contract, and a
reasonable sum to cover the cost of any provisions made by the
Contractor to carry the whole work to completion, and which
cannot be utilized. The Architect shall then make a final
statement of the balance due the Contractor by deducting from the
above estimate all previous payments by the Owner and all other
sums that may be retained by the Owner under the terms of this
- 37 -
Agreement, and shall certify same to the Owner's Representative.
If the Owner's Representative finds the statement to be satis-
factory, he shall submit it to the Owner, who shall pay to the
Contractor on or before thirty (30) days after the date of the
notification by the Contractor the balance shown by said final
statement as due the Contractor under the terms of this Agree-
ment.
67. LOSSES FROM NATURAL CAUSES
Unless otherwise specified herein, all loss or damage to the
Contractor arising out of the nature of the work to be done, or
from the action of the elements, or from any unforeseen circum-
stances and the prosecution of the same, or from unusual obstruc-
tions or difficulties which may be encountered in the prosecution
of the work, shall be sustained and borne by the Contractor at
his own cost and expense.
68. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor,
with full, complete and exclusive power and authority to direct,
supervise and control his own employees and to determine the
method for performance of the work covered by this Contract. The
fact that the Owner's Representative or Architect shall have the
right to observe Contractor's work during its performance and to
carry out the other prerogatives which are expressly reserved to.
and vested in the Owner, Owner's Representative or Architect
hereunder, is not intended to and shall not at any time change or
affect the status of the Ccr,tractor as an independent contractor
with respect to the Owner, Owner's Representative, Architect or
the Contractor's own employees, or to any other person, firm or
corporation.
69. CLEANING UP
The Contractor shall at all times keep the premises free
from accumulation of debris caused by the work, and at the
completion of the work he shall remove all such debris and also
his tools, scaffolding and surplus materials, and shall leave the
work broom clean or its equivalent. The work shall be left in
good order and condition. In case of dispute, the Owner may
remove the debris and charge the cost to the Contractor.
70. CONTRACTOR'S RIGHT TO TERMINATE
The Contractor shall have the right to terminate the
Contract at any time when circumstances beyond the Contractor's
control occur, thru no fault of the Contractor, which prohibit
the completion of the Agreement as contemplated by the parties at
the time of execution. Should the Contractor choose to -terminate
this Agreement, he shall accrue no rights to full payment
hereunder and shall receive only a pro rata payment for work
.actually performed, the amount of such payment to be assessed by
- 38 -
the Owner. Should the Contractor choose not to terminate, even
though cause exists under this provision, liquidated damages as
set forth herein shall in no way be affected.
71. RIGHT OF THE OWNER TO TERMINATE CONTRACT
In the event that any of the provisions of this Contract are
violated by the Contractor, or by any of his subcontractors, the
Owner may serve written notice upon the Contractor and the Surety
of the Owner's intention to terminate the Contract, such notices
to contain the reasons for such intention, and unless within ten
- (10) days after the serving of such notice upon the Contractor,
such violation or delay shall cease and satisfactory arrangement
of correction be made, the Contract shall, upon the expiration of
said ten (10) days, cease and terminate. In the event of any
such termination, the Owner shall immediately serve notice
thereof upon the Surety and the Contractor, and the Surety shall
have the right to take over and perform the Contract: Provided,.
however, that if the Surety does not commence performance thereof
within then (10) days from the date of the mailing to such Surety
of notice of termination, the Owner may take over the work and
prosecute the same at the expense of the Contractor and the
Contractor and his Surety shall be liable to the Owner for any
excess cost occasioned the Owner thereby, and in such event the
Owner may take possession of and utilize in completing the work
- such materials, appliance and plant as may be on the site of the
work and necessary therefor.
-� 72. BREACH OF FOREGOING FEDERAL LABOR STANDARDS PROVISIONS
In addition to the causes for termination of this Contract
was herein elsewhere set forth,.the Local Public Agency or Public
Body reserves the right to terminate this Contract if the
.Contractor or any.subcontractor whose subcontract covers any of
the work covered by this Contract shall breach any of these
Federal Labor Standards Provisions. A breach of these Federal
Labor Standards Provisions may also be grounds for debarment, as
provided by the applicable regulations issued by the Secretary of
Labor. A breach of Section 45 and,the Federal Labor Standards
Provisions may be grounds for termination of the Contract, and
for debarment as provided in 29 CFR 5.6.
73. INTEREST OR MEMBER OF OR DELEGATE TO CONGRESS
No member of or Delegate to Congress or Resident
Commissioner shall be admitted to any share of this Contract or
to any benefit that may arise therefrom, but this provision shall
not be construed to extend to this Contract if made with a
corporation for its general benefit.
74. OTHER PROHIBITED INTERESTS
No official of the Owner who is authorized in such capacity
and on behalf of the Owner to negotiate, make, accept or approve,
- 39 -
or to take part in negotiating, making, accepting or approving
any architectural, engineering, inspection, construction or
material supply contract or any subcontract in connection with
the construction of the project shall become directly or in-
directly interested personally in this Contract or in any part
hereof. No officer, employee, architect, attorney, engineer or
inspector-o'f or for the Owner who is authorized in such capacity
and an behalf of the Owner to exercise any legislative, execu-
tive, supervisory or other similar functions in connection with
the construction of the project shall become directly or indi-
rectly interested personally in this Contract or in any part
thereof, any material supply contract, subcontract, insurance
contract or any other contract pertaining to the project.
75. SPECIAL EQUAL OPPORTUNITY PROVISIONS
A. Activities and Contracts Not Subject to Executive Order
11246, as Amended.
(Applicable to Federally assisted construction con-
tracts and related subcontracts under $10,000)
During the performance of this Contract, the Contractor
agrees as follows:
(1) The Contractor shall not discriminate against any
employee or applicant for employment because of race, color,
religion, sex or national origin. The Contractor shall take
affirmative action to ensure that applicants for employment
are employed, and that employees are treated during employ-
ment, without regard to their race, color, religion, sex or
national origin. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion
or transfer; recruitment or recruitment advertising; layoff
or termination; rates of pay or other forms of compensa-
tion; and selection for training, including apprenticeship.
(2) The Contractor shall.p6st in conspicuous places,
available to employees and applicants for employment,
notices to be provided by the Contracting Officer setting
forth the provisions of this nondiscrimination clause. The
Contractor shall state that all qualified applicants will
receive consideration for employment without regard to race,
color, religion, sex or national origin.
(3) The Contractor shall incorporate the foregoing
requirements in all subcontracts.
B. Contracts Subject to Executive Order 11246, as
Amended.
(Applicable to Federally assisted construction
contracts and related subcontracts exceeding $10,000)
- 40 -
During the performance.of this Contract, the Contractor
agrees as follows:
(1) The Contractor will not discriminate against any
employee or applicant for employment because of race, color,
religion, sex or national origin. The Contractor will take
affirmative action to ensure that applicants for employment
are employed, and that employees are treated during employ-
ment, without regard to their race, color, religion, sex or
national origin. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion
or transfer; recruitment or recruitment advertising; layoff
or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship. The
Contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be
provided by the Contracting Officer setting forth the
provisions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or
advertisements for employees placed by or on behalf of the
Contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color,
religion, sex or national origin.
(3) The Contractor will send to each labor union or
representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a
notice to be provided by the Contract Compliance Officer
advising the said labor union or workers' representative of
the Contractor's commitment under this Section, and shall
post copies of the notice in conspicuous places available to
employees and applicants for employment.
(4) The Contractor will comply with all provisions of
Executive Order 11246 of September 24, 1965, and the rules,
regulations and relevant orders of the Secretary of Labor.
(5) The Contractor will .furnish all information and
reports required by Executive Order 11246 of September 24,
1965, and the rules, regulations and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to his
books, records and accounts by the Department and the
Secretary of Labor for purposes of investigation to ascer-
tain compliance with such rules, regulations and orders.
(6) In the event of the Contractor's noncompliance
with the nondiscrimination clauses of this Contract, or with
any of such rules, regulations or orders, this Contract may
be cancelled, terminated or suspended in whole or in part,
and the Contractor may be declared ineligible for further
Government contracts or federally assisted construction
contract procedures authorized in Executive Order 11246 of
- 41 -
September 24, 1965, or by rule, regulation or order of the
Secretary of Labor, or as otherwise provided by laws.
(7) The Contractor will include the portion of the
sentence immediately preceding paragraph B(1) of this
Section, and the provisions of paragraphs (1) through (7)
which _follow, in every subcontract or purchase order unless
exempted by rules, regulations or orders of the Secretary of
Labor issued pursuant to Section 204 of Executive Order
11246 of September 24, 1965, so that such provisions will be
binding upon each subcontractor or vendor. The Contractor
will take such action with respect to any subcontractor or
purchase order as the Department may direct as a means of
enforcing such provisions, including sanctions for noncom-
pliance: Provided, however, that in the event a Contractor
becomes involved in, or is threatened with, litigation with
a subcontractor or vendor as a result of such direction by
the Department, the Contractor may request the United States
to enter such litigation to protect the interest of the
United States.
C. "Section 3" Compliance in the Provision of Training,
Employment and Business Opportunities:
(Applicable to Federally assisted construction con-
tracts and related subcontracts exceeding $10,000)
During the performance of this Contract, the Contractor
agrees as follows:
(1) The Contractor agrees to comply with the
requirements of Section 3 of the Housing and Urban
Development Act of 1968 (12 USC 170(u)), as amended,
the HUD regulations issued pursuant thereto at 24 CFR
Part 135, and any applicable rules and orders of HUD
issued thereunder.
(2) The "Section 3" set forth in 24 CFR 135.20(b)
shall form part of this Contract, as set forth in
Paragraph 1 of the General Conditions, "Contract and
Contract Documents."
(3) Contractors shall incorporate the "Section 3
clause" shown below and the foregoing requirements in
all subcontracts.
Section 3 Clause as set forth in 24 CFR 135.20(b
A. The work to be performed under this Contract is on
a project assisted under a program providing direct Federal
financial assistance from the Department of Housing and
Urban Development and is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968,
as amended, 12 U.S.C. 1701u. Section 3 requires that to the
- 42 -
greatest extent feasible opportunities for training and
employment be given lower income residents of the project
area, and contracts for work in connection with the project
be awarded to business concerns which are located in, or
owned in substantial part by persons residing in -the area
of the project.
B. The parties to this Contract will comply with the
provisions of said Section 3 and the regulations issued
pursuant thereto by the Secretary of Housing and Urban
Development and set forth in 24 CFR 135.20(b), and all
applicable rules and orders of the Department issued
thereunder, prior to the execution of this Contract. The
parties to this Contract certify and agree that they are
under no contractual or other disability which would prevent
them from complying with these requirements.
C. The Contractor will send to each labor organization
or representative of workers with which he has .a collective
bargaining agreement or other contract or understanding, if
- any, a notice advising the said labor organization or
workers' representative of his commitments under this
Section 3 clause, and shall post copies of the notice in
conspicuous places available to employees and applicants for
employment or training.
D. The Contractor will include this Section 3 clause
in every subcontract for work in connection with the project
and will, at the direction of the applicant for or recipient
of Federal financial assistance, take appropriate action
pursuant to a subcontract upon a finding that a Subcontrac-
tor is in violation of regulations issued by the Secretary
of Housing and Urban Development, 24 CFR 135.20 (b). The
Contractor will not subcontract with any subcontractor
where the Contractor has notice or knowledge that the
subcontractor has been found in violation of regulations
under 24 CFR 135.20*(b), and will not let any subcontract
unless the subcontractor has first provided said Contractor
�- with a preliminary statement of ability to comply with the
requirements of these regulations.
E. Compliance with the provisions of Section 3, the
regulations set forth in 24 CFR 135.20(b), and all appli-
cable rules and orders of the Department issued thereunder
prior to the execution of the Contract, shall be a condition
of the Federal financial assistance provided to the project,
binding upon the applicant or recipient for such assistance,
its successors and assigns. Failure to fulfill these
requirements shall subject the applicant or recipient, its
contractors and subcontractors, its successors and assigns
to those sanctions specified by the grant or loan agreement
or contract through which Federal assistance is provided,
and to such sanctions as are specified by 24 CFR 135.20(b).
- 43 -
76. CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS
(Applicable to Federally assisted construction contracts and
related subcontracts exceeding $100,000)
Compliance with Air and Water Acts
During the performance of this Contract, the Contractor
and all subcontractors shall comply with the requirements of
the Clean Air Act, as amended, 42 USC 1857 et seq., and the
Federal Water Pollution Control Act, as amended, 33 USC 1251
et seq., and the regulations of the Environmental Protection
Agency with respect thereto, at 40 CFR Part 15, as amended.
In addition to the foregoing requirements, all non-
exempt contractors and subcontractors shall furnish to the
Owner the following:
. 0 ) A stipulation by the Contractor or subcon-
tractors that any facility to be utilized in the
performance of any nonexempt contract or subcontract
is not listed on the List of Violating Facilities
issued by the Environmental Protection.Agency (EPA)
pursuant to 40 CFR 15.20.
(2) An agreement by the Contractor to comply with
all the requirements of Section 114 of the Clean Air
Act, as amended, (42 USC 1857c-8) and Section 308 of
the Federal Water Pollution Control Act, as amended,
(33 USC 1318) relating to inspection, monitoring,
entry, reports and information, as well as all other
requirements specified in said Section 114 and Section
308, and all regulations and guidelines issued there-
under.
(3) A stipulation that as a condition for the
award of the Contract, prompt notice will be given of
any notification received from the Director, Office of
Federal Activities, EPA, -indicating that a facility
utilized, or to be utilized for the contracts, is under
consideration to be listed on the EPA List of Violating
Facilities.
(4) An agreement by the Contractor that he will
include, or cause to be included, the criteria and
requirements in paragraphs (1) through (4) of this
Section in every nonexempt subcontract and requiring
that the Contractor will take such action as the
Government may direct as a means of enforcing such
provisions.
- 44 -
r-
77. SPECIAL CONDITIONS PERTAINING TO HAZARDS SAFETY STANDARDS
r. AND ACCIDENT PREVENTION
A. Lead -Based Paint Hazards
(Applicable to contracts and related subcontracts for
construction or rehabilitation of residential structures
,.r exceeding $100,000)
The construction or rehabilitation of residential
structures is subject to the HUD Lead -Based Paint regula-
tions, 24 CFR Part 35. The Contractor and subcontractors
shall comply with the provisions for the elimination of
lead -based paint hazards under sub -part B of said regula-
tions. The Owner will be responsible for the inspections
and certifications required under Section 35.14(f) thereof.
B. Use of Explosives
The use of explosives will not be permitted unless
written permission to do so is obtained by the Contractor
from the City. When the use of explosives is necessary for
the prosecution of the work, the Contractor shall observe
all local, state and Federal laws in purchasing and handling
explosives. The Contractor shall take all necessary
precautions to protect completed work, neighboring property,
water lines or other underground structures. Where there is
danger to structures or property from blasting, the charges
shall be reduced and the material shall be covered with
suitable timber, steel or rope mats.
The Contractor shall notify all owners of public
utility property of his intention to use explosives at least
eight hours before blasting is done close to such property.
Any supervision or direction of use of explosives by the
Engineer does not in any way reduce the responsibility of
the Contractor or his Surety for damages that may be caused
by such use.
C. Danger Signals and Safety Devices
The Contractor shall make all necessary precautions to
guard against damages to property and injury to persons. He
shall put up and maintain in good condition sufficient red
�. or warning lights at night, suitable barricades and other
devices necessary to protect the public. In case the
Contractor fails or neglects to take such precautions, the
Owner may have such lights and barricades installed and _
charge the cost of this work to the Contractor. Such action
by the Owner does not relieve the Contractor of any liabi-
lity incurred under these specifications or Contract.
- 45 _
78. NONDISCRIMINATION AGAINST THE HANDICAPPED - SECTION 504
The Contractor shall not discriminate against any otherwise
qualified handicapped employee or applicant for employment solely
by reason of his handicap. The Contractor shall comply with
Section 504 of the Rehabilitation Act of 1973 (P.L. 93-112) as
amended (129 U.S.C.A. §794).
- 46 -
EXHIBITS
A. COPELAND ANTI -KICKBACK REGULATIONS
B. CURRENT WAGE DETERMINATIONS
(This page left blank intentionally)
EXHIBIT
ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS
SO-CALLED "ANTI -KICKBACK ACT" AND REGULATIONS PROMULGATED
PURSUANT THERETO BY THE SECRETARY OF LABOR,
"- UNITED STATES DEPARTMENT OF LABOR
TITLE 18, U.S.C., Section 874
(Replaces Section 1 of the Act of June 13, 1934 (48 Stat. 948, 40
U.S.C., Sec. 276b) pursuant to the Act of June 25, 1948, 62 Stat.
862)
KICKBACKS FROM PUBLIC WORKS EMPLOYEES.
Whoever, by force, intimidation, or threat of procuring
dismissal from employment, or by any other manner whatsoever
induces any person employed in the construction, prosecution,
completion or repair of any public building, public work, or
building or work financed in whole or in part by loans or grants
from the United States, to give up any part of the compensation
to which he is entitled under his contract of employment, shall
'- be fined not more than $5,000 or imprisoned not more than five
years, or both.
SECTION 2 OF THE ACT OF JUNE 13, 1934, AS AMENDED (48 Stat. 948,
62 Stat. 862, 63 Stat. 108, 72 Stat. 967, 40 U.S.C., Sec. 276c)
The Secretary of Labor shall make reasonable regulations for
contractors and subcontractors engaged in the construction,
prosecution, completion or repair of public buildings, public
works or buildings or works financed in whole or in part by loans
or grants from the United States, including a provision that each
contractor and subcontractor shall furnish weekly a statement
with respect to the wages paid each employee during the preceding
week. Section 1001 of Title 18 (United States Code) shall apply
to such statements.
---XXX---
Pursuant to the aforesaid Anti -Kickback Act, the Secretary
of Labor, United States Department of Labor, has promulgated the
regulations hereinafter set forth,'which regulations are found in
Title 29, Subtitle A, Code of Federal Regulations, Part 3. The
term "this part," as used in the regulations hereinafter set
w- forth, refers to Part 3 last above mentioned. Said regulations
are a follows:
TITLE 29 - LABOR
Subtitle A - Office of the Secretary of Labor
PART 3 - CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR
PUBLIC WORK FINANCED IN WHOLE OR IN PART BY LOANS OR
GRANTS FROM THE UNITED STATES
Section 3.1 Purpose and scope.
This part prescribes "anti -kickback" regulations under
Section 2 of the Act of June 13, 1934, as amended (40 U.S.C.
276c), popularly known as the Copeland Act. This part applies to
any contract which is subject to Federal wage standards and which
is for the construction, prosecution, completion, or repair of
public buildings, public works or buildings or works financed in
whole or in part by loans or grants from the United States. The
part is intended to aid in the enforcement of the minimum wage
provisions of the Davis -Bacon Act and the various statutes
dealing with Federally -assisted construction that contain similar
minimum wage provisions, including those provisions which are not
subject to Reorganization Plan No. 14 (e.g., the College Housing
Act of 1950, the Federal Water Pollution Control Act, and the
Housing Act of 1959), and in the enforcement of the overtime
provisions of the Contract Work Hours Standards Act whenever they
are applicable to construction work. The part details the
obligation of contractors and subcontractors relative to the
weekly submission of statements regarding the wages paid on work
covered thereby; sets forth the circumstances and procedures
governing the making of payroll deductions from the wages of
those employed on such work; and delineates the methods of
payment permissible on such work.
Section 3.2 Definitions.
As used in the regulations in this part:
(a) The terms "building" or "work" generally in
construction activity as distinguished from manufacturing,
furnishing of materials, or servicing and maintenance work. The
terms include, without .limitation, buildings, structures, and
improvements of all types, such as bridges, dams, plants,
highways, parkways, streets, subways, tunnels, sewers, mains,
power lines, pumping stations, railways, airports, terminals,
docks, piers, wharves, ways, lighthouses, buoys, jetties,
breakwaters, levees, and canals; dredging, shoring, scaffolding,
drilling, blasting, excavating, clearing, and landscaping.
Unless conducted in connection with and at the site of such a
building or work as is described in the foregoing sentence, the
manufacture or furnishing of materials, articles, supplies, or
equipment (whether or not a Federal or State agency acquires
title to such materials, articles, supplies, or equipment during
the course of the manufacture or furnishing, or owns the mate-
rials from which they are manufactured or furnished) is not a
"building" or "work" within the meaning of the regulations in
this part.
(b) The terms "conditions", "prosecution", "completion", -or
"repair" mean all types of work done on a particular building or
work at the site thereof, including, without limitation, alter-
ing, remodeling, painting and decorating, the transporting of
materials and supplies to or from the buildinq or work by the
P_
employees of the construction contractor or construction sub-
contractor, and the manufacturing or furnishing of materials,
articles, supplies, or equipment on the site of the building or
work, by persons employed at the site by the contractor or
subcontractor.
(c) The terms "public building" or "public work" include _
building or work for whose construction, prosecution, completion,
or repair, as defined above, a Federal agency is a contracting
party, regardless of whether title thereof is in a federal
agency.
(d) The term "building or work financed in whole or in part
by loans or grants from the United States" includes building or
work for whose construction, prosecution, completion, or repair,
as defined above, payment or part payment is made directly or
indirectly from funds provided by loans or grants by a Federal
agency. The term does not include building or work for which
Federal assistance is limited solely to loan guarantees or
insurance.
(e) Every person paid by a contractor or subcontractor in
any manner for his labor in the construction, prosecution,
completion, or repair of a public building or public work or
building or work financed in whole or in part by loans or grants
-- from the United States is "employed" or receiving "wages",
regardless of any contractual relationship alleged to exist
between him and the real employer.
(f) The term "any affiliated person" includes a spouse,
child, parent, or other close relative of the contractor or
subcontractor, a partner or officer of the contractor or sub-
contractor, a corporation closely connected with the contractor
or subcontractor as parent, subsidiary or otherwise, and an
officer or agent of such corporation.
y (g) The term "Federal agency" means the United States, the
District of Columbia, and all executive departments, independent
establishments, administrative agencies, and instrumentalities of
the United States and of the District of Columbia, including
corporations, all or substantially all of the stock of which is
beneficially owned by the United States, by the District of
"- Columbia, or any of the foregoing departments, establishments,
agencies, and instrumentalities.
-� Section 3.3 Weekly statement with respect to payment of wages.
(a) As used in this section, the term "employee" shall not
apply to persons in classifications higher than that of laborer
or mechanic and those who are the immediate supervisors of such
employees.
a-
(b) Each contractor or subcontractor engaged in the
construction, prosecution, completion, or repair of any public -
building or public work, or building or work financed in whole or
in part by loans or grants from the United States, shall furnish
each week a statement with respect to the wages paid _each of its _
employees engaged on work covered by 29 CFR Parts 3 and 5 during
the preceding weekly payroll period. This statement shall be =
executed by the contractor or subcontractor or by an authorized
officer or employee of the contractor or subcontractor who -
supervises the payment of wages, and shall be on form WH 348
"Statement of Compliance", or on an identical form on the back of
WH 347, "Payroll (For Contractors Optional Use)" or on any form
with identical wording. Sample copies of WH 347 and WH 348 may
be obtained from the Government contracting or sponsoring agency,
and copies of these forms may be purchased at the Government
Printing Office.
(c) The requirements of this section shall not apply to any
contract of $2,000 or less. -
(d) Upon a written finding by the head of a Federal agency,
the Secretary of Labor may provide reasonable limitations,
variations, tolerances, and exemptions from the requirements of
this section subject to such conditions as the Secretary of Labor
may specify.
(29 F.R. 95, Jan. 4, 1964, as amended at 33 F.R. 10186, July 17, 196
Section 3.4 Submission of weekly statements and the preservation
and inspection of weekly payroll records.
(a) Each weekly statement required under Section 3.3 shall
be delivered by the contractor or subcontractor, within seven
days after the regular payment date of the payroll period, to a
representative of a Federal or State agency in charge at site of
the building or work, or, if there is no representative of a
Federal or State agency.,at the site of the building or work, the
statement shall be mailed by the contractor or subcontractor,
within such time, to a Federal or state agency contracting for or
financing the building or work. After such examination and check
as may be made, such statement, or a copy thereof, shall be kept
available, or shall be transmitted together with a report of any
violation, in accordance with applicable procedures prescribed by
the United States Department of Labor.
(b) Each contractor or subcontractor shall preserve his
weekly payroll records for a period of three years from date of
completion of the contract. The payroll records shall set out
accurately and completely the name and address of each laborer
and mechanic, his correct classification, rate of pay, daily and
weekly number of hours worked, deductions made, and actual wages
paid. Such payroll records shall be made available at all times
for inspection by the contracting officer or his authorized
representatives of the Department of Labor.
Section 3.5 Payroll deductions permissible without application
to or approval of the Secretary of Labor.
Deductions made under the circumstances or in the situations
described in the paragraphs of this section may be made without
application to and approval of the Secretary of Labor:
(a) Any deduction made in compliance with the requirements
of Federal, State, or local law, such as Federal or State
withholding income taxes and Federal social security taxes.
(b) Any deduction of sums previously paid to the employee
as a bona fide prepayment of wages when such prepayment is made
without discount or interest. A "bona fide prepayment of wages"
is considered to have been made only when cash or its equivalent
has been advanced to the person employed in such manner as to
give him complete freedom of disposition of the advanced funds.
(c) Any deduction of amounts required by court process to
be paid to another, unless the deduction is in favor of the
contractor, subcontractor or any affiliated person, or when
collusion or collaboration exists.
(d) Any deductions constituting a contribution on behalf of
the person employed to funds established by the employer or
representatives of employees, or both, for the purpose of
providing either from principal or income, or both, medical or -
hospital care, pensions or annuities on retirement, death
benefits, compensation for injuries, illness, accidents, sick-
ness, or disability, or for insurance to provide any of the
foregoing, or unemployment benefits, vacation pay, savings
accounts, or similar payments for the benefit of employees, their
families and dependents: Provided, however, that the following
standards are met: (1) The deduction is not otherwise prohibited
by law; (2) it is either: (i) Voluntarily consented to by the
employee in writing and -in advance of the period in which the
work is to be done and such consent is not a condition either for
the obtaining of or for the continuation of employment, or (ii)
provided for in a bona fide collective bargaining agreement
between the contractor or subcontractor and representatives of
its employees; (3) no profit or other benefit is otherwise
obtained, directly or indirectly, by the contractor or subcon-
tractor or any affiliated person in the form of commission,
dividend, or otherwise; and (4) the deductions shall serve the
convenience and interest of the employee.
(e) Any deduction contributing toward the purchase of
United States Defense Stamps and Bonds when voluntarily autho-
rized by the employee.
(f) Any deduction requested by the employee to enable him
to repay loans to or to purchase shares in credit unions orga-
nized and operated in accordance with Federal and State credit
union statutes.
(g) Any deduction voluntarily authorized by the employee
for the making of contributions to governmental or quasi -
governmental agencies, such as the American Red Cross.
(h) Any deduction voluntarily authorized by the employee
for the making of contributions to Community Chests, United
Givers Funds, and similar charitable organizations.
(i) Any deductions to pay regular union initiation fees and
membership dues, not including fines or special assessments:
Provided, however, that a collective bargaining agreement between
the contractor or subcontractor and representatives of its
employees provides for such deductions and the deductions are not
otherwise prohibited by law.
(j) Any deduction not more than for the "reasonable cost"
oT board, lodging, or other facilities meeting the requirements
of section 3(m) of the Fair Labor Standards Act of 1938, as
amended, and Part 531 of this title. When such a deduction is
made the additional records required under Section 516.27(a) of
this title shall be kept.
Section 3.6 Payroll deductions permissible with the approval of
the Secretary of Labor.
Any contractor or subcontractor may apply to the Secretary
of Labor for permission to make any deduction not permitted under
Section 3.5. The Secretary may grant permission whenever he
finds that:
(a) The contractor, subcontractor, or any affiliated person
does not make a profit or benefit directly or indirectly from the
deduction either in the form of a commission, dividend, or
otherwise;
(b) The deduction is not otherwise prohibited by law;
(c) The deduction is either (1) voluntarily consented to by
the employee in writing and in advance of the period in which the
work is to be done and such consent is not a condition either for
the obtaining of employment or its continuance, or (2) provided
for in a bona fide collective bargaining agreement between the
contractor or subcontractor and representatives of its employees;
and
('d) The deduction serves the convenience and interest of
,_ the employee.
Section 3.7 Applications for the approval of the Secretary of
Labor.
Any application for the making of payroll deductions under
Section 3.6 shall comply with the requirements prescribed in the
following paragraphs of this section: —_
(a) The application shall be in writing and shall be
addressed to the Secretary of Labor.
(b) The application shall identify the contract or con-
tracts under which the work in question is to be performed.
Permission will be given for deductions only on specific,
identified contracts, except upon a showing of exceptional
circumstances.
(c) The application shall state affirmatively that there is
compliance with the standards set forth in the provisions of
Section 3.6. The affirmation shall be accompanied by a full
statement of the facts indicating such compliance.
(d) The application shall include a description of the
proposed deduction, the purpose to be served thereby, and the
classes of laborers or mechanics from whose wages the proposed
deduction would be made.
(e) The application shall state the name and business of
any third person to whom any funds obtained from the proposed
deductions are to be transmitted and the affiliation of such
person, if any, with the applicant.
Section 3.8 Action by the Secretary of Labor upon applications.
The Secretary of Labor shall decide whether or not the
requested deduction is permissible under provisions of Section
3.6; and shall notify the applicant in writing of his decision.
Section 3.9 Prohibited payroll deductions..
Deductions not elsewhere for by this part and which are not
found to be permissible under Section 3.6 are prohibited.
Section 3.10 Methods of payment of wages.
The payment of wages shall be by cash, negotiable instru-
ments payable on demand, or the additional forms of compensation
for which deductions are permissible under this part. No other
methods of payment shall be recognized on work subject to the
Copeland Act.
Section 3.11 Regulations part of contract.
All contracts made with respect to the construction,
prosecution, completion, or repair of any public building or
public work or building or work financed in whole or in part by
loans or grants from the United States covered by the regulations
in this part shall expressly bind the contractor or subcontractor
to comply with such of the regulations in this part as may be
applicable. In this regard, see Section 5.5 (a) of this sub-
title.
EXHIBIT B
WAGE DETERMINATIONS
(Obtain from Community Development Office)
Subject to Change 10 Days
Prior to Bid Opening
(This page left blank intentionally)
U.S. Department of Labor
GENERAL WAGE DECISION NO.
TX89-15/.330
Supersedes General Wage Decision No. TX88-iS
S-ate:
TEXAS
County(ies):
Lubbock
Construction
�.,
Type:
Building
Construction
Description:
Building Construction Projects (does not include single
family homes & apartments up to &
including 4 stories).
(Use current heavy & highway general wage determination
for Paving & Utilities Incidental
to Building
Construction).
Modification
Record:
No.
Publication Date
Page No.(s)
T
i
Oct. 13. 1989
1022
U.S. Department of Labor
Tx89-15/3
20
Basic
Fringe
Hourly
Benefits
Rates
_
ACOUSTICAL CEILING and DRYWALL MECHANICS
10.00
.25
BRICKLAYERS
11.74
-CARPENTERS
11.57
2.23
-
*ELECTRICIANS
13.25
2.75+ 3.25%
GLAZIERS
9.50
LABORERS
5.95
LATHERS
11.17
MASON TENDERS
6.25
PAINTERS
10.50
PLASTERERS
11.17
PLUMBERS (Including HVAC):
Mechanical contracts $150,000 or less
10.50
1.59
Mechanical contracts over $150,000
15.00
1.59
ROOFERS
9.71
-
SHEET METAL WORKERS (Including Duct
Work)
8.80
.69
SPRINKLER FITTERS
17.70
3.55
POWER EQUIPMENT OPERATORS:
`
Backhoe
10.50
.42
Unlisted classifications needed for work
not included
within the scope
of the classifications listed may be added after award
only as
provided 1n the labor standards contract
clauses (29 CFR,
5.5 (a) (1)
(11)).
Vol. 11 1022 (Oct. 13, 1989)
u
w.,
SPECIFICATIONS (TO BE PROVIDED BY ENGINEERS)
(This page left blank intentionally)
TECHNICAL SPECIFICATIONS
FOR
CONCESSION FACILITIES
AT
HELEN HODGES PARK
UNIVERSITY AND MARSHALL
LUBBOCK, TEXAS
ATCHESON & ASSOCIATES
ARCHITECTURE
LANDSCAPE ARCHITECTURE
ASBESTOS MANAGEMENT CONSULTING
4601 50TH STREET, SUITE 203
LUBBOCK, TEXAS 79414-3515
806-793-8292
(This page left blank intentionally)
TABLE OF CONTENTS
PROJECT:
Concession Facilities For
Helen Hodges Park
University & Marshall
^
Lubbock, Texas
DATE: December 1989
PROJECT
NO. 8912
,., TABLE OF
CONTENTS - TECHNICAL SPECIFICATIONS
PAGES
Table of
Contents---------------------------------------
2
CONDITIONS OF THE CONTRACT - (FURNISHED BY CITY OF LUBBOCK)
^
SPECIFICATIONS
DIVISION
i - GENERAL REQUIREMENTS
^ 01090
Definitions and Standards--------------------
4
01300
Submittals-----------------------------------
3
DIVISION
2 - SITE WORK
02110
^
Site Clearing--------------------------------
i
02200
Earthwork------------------------------------
3
02514
Portland Cement Concrete Paving--------------
i
^
DIVISION
3 - CONCRETE
03310
Concrete-------------------------------------
i
DIVISION
4 - MASONRY
04200
Unit Masons --------------
1
DIVISION
5 - METALS
05210
Steel Joists --------------------------------
1
05300
Metal Decking--------------------------------
1
05500
Metal Fabrications---------------------------
1
055BO
r.,
Sheet Metal Fabrications---------------------
1
a-- TABLE OF
CONTENTS TC - i
DIVISION 6 - WOOD AND PLASTICS
06100 Rough Carpentry------------------------------ i
06400 Architectural Woodwork----------------------- i
DIVISION 7 - THERMAL AND MOISTURE PROTECTION
07510 Elastomeric Built -Up Roofing System---------- 2
07600 Flashing and Sheet Metal--------------------- 1
07900 Joint Sealers-------------------------------- 1
DIVISION 8 - DOORS AND WINDOWS
08110
Steel Doors and Frames-----------------------
1
08211
Flush Wood Doors-----------------------------
1
08520
Aluminum Windows-----------------------------
2
08710
Finish Hardware------------------------------
2
08800
Glass and Glazing----------------------------
1
DIVISION
9 - FINISHES
09250
Gypsum Drywall-------------------------------
1
09650
Resilient Flooring---------------------------
1
09900
Painting ---------------
1
DIVISION 10 - SPECIALTIES
10BOO Toilet and Bath Accessories------------------ 1
DIVISION 11 - EQUIPMENT - (NOT REQUIRED)
DIVISION 12 - FURNISHINGS - (NOT REQUIRED)
DIVISION 13 - SPECIAL CONSTRUCTION - (NOT REQUIRED)
DIVISION 14 - CONVEYING SYSTEMS - (NOT REQUIRED)
DIVISION 15 - MECHANICAL
15000 Mechanical & Plumbing------------------------ 3
DIVISION 16 - ELECTRICAL
16000 Electrical----------------------------------- 5
END TABLE OF CONTENTS
TABLE OF CONTENTS TC - 2
SECTION 01090 - DEFINITIONS AND STANDARDS
Summary: This Section specifies requirements for compliance with
governing regulations, codes and standards. Requirements include
obtaining,permits, licenses, and inspections, as well as
payments, statements and requirements associated with
regulations, codes and standards.
Refer to General and Supplementary Conditions for
requirements for compliance with governing regulations.
Definitions: The following definitions supplement definitions
contained in the Agreement, General and Supplementary Conditions
and other Contract Documents. They apply generally to the Work.
Indicated refers to graphic representations, notes or
schedules on Drawings, or paragraphs dr schedules in
Specifications, and similar requirements in Contract
Documents. Where terms such as "shown," "noted,"
"scheduled," and "specified" are used, it is to help locate
the reference.
Directed: Terms such as "directed". "requested",
"authorized", "selected", "approved", "required", and
"permitted" mean "directed by the Architect", "requested by
the Architect", and similar phrases. No implied meaning
shall be interpreted to extend the Architect's responsibility
into the Contractor's supervision of construction.
Approve, used in conjunction with action on submittals,
,applications, and requests, is limited to the Architect's
duties and responsibilities stated in General and
Supplementary Conditions. Approval shall not release the
Contractor from responsibility to fulfill Contract Document
requirements.
Regulation includes laws, ordinances, statutes, and lawful
orders of authorities having jurisdiction, and rules,
conventions and agreements in the construction industry that
control performance of the Work, whether lawfully imposed by
authorities having jurisdiction or not.
Furnish means "supply and deliver, ready for unloading,
unpacking, assembly, installation, and similar operations."
Install describes operations at site including "unloading,
unpacking, assembly, erection, anchoring, applying, working
to dimension, finishing, protecting, cleaning and similar
operations."
DEFINITIONS AND STANDARDS 01090 - 1
Provide means "furnish and install, complete and ready for
use."
Installer is an entity engaged by the Contractor, an
employee, or subcontractor for performance of a particular
activity, including installation, erection, and application.
Installers shall be experienced in the operations they
perform.
The term "Experienced," when used with "Installer" means
having a minimum of 5 previous projects similar in size
to this project, and familiar with precautions required,
and requirements of the authority having jurisdiction.
Project Site is the space available for construction
activities, either exclusively or with others performing
other construction on the Project. The extent of the Project
Site is shown on the Drawings, and may or may not be
identical with the description of the land upon which the
Project is to be built.
Testing Laboratories: A "testing laboratory" is an
independent entity engaged to perform specific inspections or
tests, at the Project Site or elsewhere, and to report on,
and, if required, to interpret, results of those inspections
or tests.
Specifications are organized into Divisions, Sections or Trade
Headings based on the Construction Specifications Institute's 16-
Division format and MASTERFORMAT numbering system.
Language used in the Contract Documents is the abbreviated type.
Implied words and meanings will be appropriately interpreted.
Singular words will be interpreted as plural and plural words as
singular where applicable and the context indicates.
Imperative. Language is generally used. Requirements
expressed imperatively are to be performed by the Contractor.
At certain locations subjective language is used to describe
responsibilities which must be fulfilled .indirectly by the
Contractor, or by others when noted.
Assignment of Specialists: Certain construction activities shall
be performed by specialists, recognized experts in operations to
be performed. Specialists must be engaged for those activities,
and these assignments are requirements over which the Contractor
has no option. Nevertheless, the ultimate responsibility for
fulfilling Contract requirements remains with the Contractor.
Drawing Symbols: Graphic
the construction industry
otherwise noted, symbols
Standards". published by
edition.
symbols on Drawings are recognized in
for purposes indicated. Where not
are defined by "Architectural Graphic
John Wiley & Sons, Inc., seventh
DEFINITIONS AND STANDARDS 01090 - 2
Mechanical/Electrical Drawings: Graphic symbols on mechanical and
electrical Drawings are aligned with symbols recommended by
ASHRAE. Where appropriate, they are supplemented by symbols
recommended by technical associations. Refer instances of
uncertainty to the Architect for clarification before proceeding.
Applicability of Standards: Except where Contract Documents
include more stringent requirements, applicable industry
standards have the same force and effect as if bound or copied
into Contract Documents. Such standards are part of the Contract
Documents by reference. Individual Sections indicate which
standards the Contractor must keep available at the Project site
for reference.
Referenced standards take precedence over standards that are
not referenced but recognized in the industry as applicable.
Unreferenced standards are not applicable, except as a
general requirement of whether the Work complies with
recognized construction industry standards.
Publication Dates: Where compliance with a standard is required,
comply with standard in effect as of date of Contract Documents.
Updated Standards: Submit a Change Order proposal where an
applicable standard has been revised and reissued after the
date of the Contract Documents and before performance of
^� Work. The Architect will decide whether to issue a Change
Order to proceed with the updated standard.
Conflicting Requirements: Where compliance with two or more
standards that establish different or conflicting requirements
for minimum quantities or quality levels is specified, the most
stringent requirement will be enforced. Refer uncertainties as
to which quality level is more stringent to the Architect for a
decision before proceeding.
�. Minimum Quantities or Quality Levels: The quantity or
quality shown or specified is the minimum to be provided or
performed. Indicated values are minimum or maximum, as
appropriate for the requirements. Refer instances of
uncertainty to the Architect for decision before proceeding.
Copies of Standards: Each entity engaged on the Project shall be
-� familiar with standards applicable to that activity. Copies of
applicable standards are not bound with the Contract Documents.
Where copies of standards are required, obtain copies
directly from the publication source. Although copies of
standards needed for enforcement of requirements may be part
of submittals, the Architect reserves the right to require
,the submittal of additional copies for enforcement of
requirements.
DEFINITIONS AND STANDARDS 01090 - 3
Abbreviations and Names: Where acronyms or abbreviations are
used in Specifications or other Contract Documents they mean the
recognized name of the trade association, standards generating
organization, authority having jurisdiction or other entity
applicable. Refer to the "Encyclopedia of Associations,"
published by Gale Research Co., available in most libraries.
Trade Union Jurisdictions: Maintain, complete current
information on jurisdictional matters, regulations and pending
actions, as applicable to construction activities. The manner in
which Contract Documents have been organized and subdivided is
not intended to indicate of trade union or jurisdictional
agreements.
Discuss new developments at project meetings at the earliest
feasible dates. Record relevant information and actions
agreed upon.
Assign and subcontract construction activities, and employ
tradesmen and laborers, in a manner that will not unduly risk
jurisdictional disputes that could result in conflicts,
delays, claims and losses.
Permits Licenses and Certificates: Submit copies of permits,
licenses, certifications, inspection reports, jurisdictional
settlements, notices, receipts for fee payments, judgments, and
similar documents, correspondence and records in conjunction with
compliance with standards and regulations bearing on performance
of the Work.
END OF SECTION 01090
DEFINITIONS AND STANDARDS 01090 - 4 -.^x,
SECTION 01300 - SUBMITTALS
Summary: This Section specifies requirements for handling
... submittals. Submit all appropriate product data, samples,
details and shop drawings for all rpoducts used in the Work
whether or not specifically requested in the technical
specifications.
General Procedures: Coordinate submittal preparation with
performance of construction activities, and with purchasing or
^- fabrication, delivery, other submittals and related activities.
Transmit in advance of performance of related activities to avoid
delay.
Coordinate transmittal of different submittals for related
elements so processing will not be delayed by the need to
review concurrently for coordination. The Architect reserves
the right to withhold action on a submittal requiring
coordination until related submittals are received.
Processing: Allow two weeks for initial review. Allow more
time if processing must be delayed for coordination with
other submittals. The Architect will advise the Contractor
when a submittal must be delayed for coordination. Allow two
weeks for reprocessing each submittal.
No extension of time will be authorized because of
^- failure to transmit submittals sufficiently in advance of
the Work to permit processing.
Submittal Preparation: Place a label or title block on each
submittal for identification. Provide a 4" x 5" space on the
label or beside the title block on Shop Drawings to record
.Contractor's review and approval markings and action taken.
Include the following information on the label for processing
and recording action taken.
Project name.
Date.
Name and address of Architect.
Name and address of Contractor.
Name and address of subcontractor.
Name and address of supplier.
Name of manufacturer.
Submittal Transmittal: Package submittals appropriately for
transmittal and handling. Transmit with a transmittal form.
Submittals received from other than the Contractor will be
returned without action.
Shop Drawings: Submit new information, drawn to accurate scale.
Indicate deviations from Contract Documents. Do not reproduce
Contract Documents or copy standard information as the basis of
Shop Drawings. Include the following information.
1
Dimensions.
Identification of products and materials included.
Notation of coordination requirements.
Notation of dimensions established by field measurement.
Sheet Size: Except for templates, patterns and similar full-
size Drawings, submit Shop Drawings on sheets at least e-1/2"
x 11" but no larger than 36" x 4£3".
Submittals: Submit 5 copies or prints; if the Drawing is
required for maintenance manuals submit 7 copies or prints.
2 copies or prints will be retained; the remainder will be
returned. One of the copies or prints returned shall be
maintained as a "Record Document".
Do not use Shop Drawings without a final stamp indicating
action taken in connection with construction.
Product Data: Collect Product Data into a single submittal for.
each element or system. Mark each copy to show applicable
choices and options. Where Product Data includes information on
several products, some of which are not required, mark copies to
indicate the applicable information. Include the following
information:
Manufacturer's printed recommendations.
Compliance with recognized trade association standards.
Compliance with recognized testing agency standards.
Application of testing agency labels and seals.
Notation of dimensions verified by field measurement.
Notation of coordination requirements.
Submittals: Submit 5 copies of each required submittal;
submit 7 copies where required for maintenance manuals. The
Architect will retain 2, and will return the others marked
with action taken and corrections or modifications required.
Distribution: Furnish copies of final submittal to
installers, and others required for performance of
construction activities. Show distribution on transmittal
forms. Do not proceed with installation until an applicable
copy of Product Data is in the installer's possession.
Do not permit use of unmarked copies of Product Data in
connection with construction.
Samples: Submit full-size Samples cured and finished as
specified and identical to the product proposed. Mount, display,
or package Samples to facilitate review. Prepare Samples to
match the Architect's Sample. Include the following:
Generic description.
Source.
Product name or name of manufacturer.
Compliance with recognized standards.
Availability and delivery time.
Submit Samples for review of kind, color, pattern, and
texture, for a final check of these characteristics, and a
comparison of these characteristics between the final
submittal and the component as delivered and installed. Where
variations are inherent in the product, submit multiple units
that show limits of the variations.
Refer to other Sections for Samples that illustrate
details of assembly, fabrication techniques, workmanship,
connections, operation and. similar characteristics.
Refer to other Sections for Samples to be returned for
incorporation in the Work. Such Samples must be
undamaged at time of use. On the transmittal, indicate
special requests regarding disposition of Sample
submittals.
Preliminary submittals: Where Samples are for selection of
characteristics from a range of choices, submit a full set of
choices for the product. Preliminary submittals will be
reviewed and returned indicating selection and other action.
Submittals: Except for Samples illustrating assembly
details, workmanship, fabrication techniques, connections,
operation and similar characteristics, submit 3 sets; one
will be returned marked with the action taken. Maintain
Sample sets at the Project site, for quality comparisons.
Unless noncompliances with Contract Document provisions
is observed, the submittal may serve as the final
submittal.
Sample sets may be used to obtain final acceptance of the
construction associated with each set.
Distribution: Prepare additional sets for subcontractors,.
manufacturers, fabricators, installers, and others as required
for performance. Show distribution on transmittal forms.
Architect's Action: Except for submittals for record,
information or similar purposes, where action and return is
required, the Architect will review each submittal, mark to
indicate action taken, and return. Compliance with specified
characteristics is the Contractor's responsibility..
Action Stamp: The Architect will stamp each submittal with a
self-explanatory action stamp. The stamp will be
appropriately marked to indicate action taken.
END OF SECTION 01300
SECTION 02110 - SITE CLEARING
Traffic: Conduct site clearing operations to ensure minimum
interference with roads, streets, walks, and other adjacent
occupied or used facilities. Do not close or obstruct streets,
walks or other occupied or used facilities without permission
from authorities having jurisdiction.
Protections: Provide temporary fences, barricades, coverings, or
other protections to preserve existing items indicated to remain
and to prevent injury or damage to persons or property. Apply
protections to adjacent properties as required.
Restore damaged work to condition existing prior to start of
work, unless otherwise directed.
Protect existing trees and vegetation to remain from physical
damage. Do not store materials or equipment within tree drip
line. Replace damaged trees that cannot be restored to full
growth, unless otherwise acceptable to Architect.
Site Clearing: Remove trees, shrubs, grass, and other
vegetation, improvements, or obstructions as indicated or which
interfere with new construction. Removal includes digging out
stumps and roots.
Strip and stockpile topsoil that will be reused in the work.
Remove existing improvements, both above -grade and below -grade to
extent indicated or as otherwise required to permit new
construction.
Salvable Items: Carefully remove items indicated to be salvaged,
and store on Owner's premises where indicated or directed.
Miscellaneous Work:
Control air pollution caused by dust and dirt; comply with
governing regulations.
Fill below -grade areas and voids resulting from demolition
operations. Use satisfactory soil materials, placed in b" deep
horizontal layers with each layer thoroughly compacted.
Grade ground surface to conform to required contours and to
provide surface drainage."
Dispose of removed and demolished items, including trash and
debris, off Owner's property.
Burning of waste materials on site is not permitted.
END OF SECTION 02110
1
SECTION 02200 - EARTHWORK
Existing Utilities: Locate by hand excavation and provide
protection from damage. Cooperate with Owner and utility
companies for maintaining services. Do not break utility
connections without notifying Architect/Engineer a minimum of 48
hours in advance and providing acceptable temporary services.
Repair damages to existing utilities as directed by utility
company.
Explosives: Use of explosives is not permitted.
Protections: Protect structures, utilities, sidewalks,
pavements, and other facilities in areas of work. Barricade open
excavations and provide warning lights. Comply with regulations
of authorities having jurisdiction.
Provide bracing and shoring as required in excavations, to
maintain sides and to protect adjacent structures from
settlement, complying with local codes and regulations.
Maintain until excavations are backfilled.
Satisfactory soil materials are defined as those complying
with ASTM D 2487 soil classification groups GW, GP, GM, SM,
SW, and SP.
Unsatisfactory soil materials are defined as those complying
with ASTM D 2487 soil classification groups GC, SC, ML, MH,
CL, CH, OL, OH, and PT.
Subbase Fill Material: Naturally or artifically graded mixture
of natural or crushed gravel, crushed stone, or crushed slag free
of vegetation, debris, or other objectionable materials.
Excavation: Remove and dispose of material encountered to obtain
required subgrade elevations, including pavement, obstructions
visible on ground surface, underground structures and utilities
indicated to be removed.
Unauthorized excavation (removal of materials beyond
indicated subgrade elevations) may be filled with lean
concrete, or corrected by extending indicated bottom
elevation of footing to lower elevation, as acceptable to
Architect/Engineer.
Stockpile excavated materials where directed, until required
for backfill and fill.'
Excavate for structure to elevations and dimensions shown,
extending excavation a sufficient distance to permit placing
and removal of other work and for inspection. Trim bottom to
required lines and grades to provide solid base to receive
concrete.
Fw
Excavate for trenches to depth indicated or required and to
establish indicated flow lines or invert elevations.
Maintain uniform width required for particular item to be
installed, including width to provide ample working room.
Provide 6" to 9" clearance on both sides of pipe or -conduit.
Outside building, excavate trenches for water bearing piping
so top of piping is not less than 3'-6" below finished grade.
Cut ground under pavements to comply with cross -sections,
elevations, and grades indicated.
If unsatisfactory soil materials are encountered at design
elevations, continue elevation as directed by
Architect/Engineer. If conditions are not a result of
Contractor's negligence, additional excavation will be
measured as directed by Architect/Engineer and paid for in
accordance with contract conditions relative to changes in
work.
Backfill and Fill: Place and compact acceptable soil material in
layers to required elevations. Use soil material free of clay,
rock or gravel larger than 2" in any dimension, debris, vegetable
matter, waste, and frozen materials. Use subbase material where
indicated under piping or conduit; shape to fit bottom 90
degrees of cylinder.
Backfill excavations as promptly as work permits.
Prepare ground surface to receive fill by removing
vegetation, debris, unsatisfactory soil materials and
obstructions. Scarify as required so that fill material will
bond with existing surface.
Place backfill and fill materials in layers not more than B"
in loose depth, compacting each layer to required maximum
density. Do not place materials on surfaces that are muddy,
frozen, or contain ice or frost.
Compaction: Compact each layer of backfill and fill soil
materials and the top 12" of subgrade for structures, slabs,
steps and pavements to 90% maximum density for cohesionless
soils. At lawns or unpaved areas, E35% max. density for cohesive
soils and 90% relative density for cohesionless soils.
Sprinkle water on surface of subgrade or layers of soil
material where soil is too dry to permit compaction to
required density. Remove and replace, or scarify and air dry
soil material that is too wet to permit compaction to
required density.
Grading: Grade areas indicated, including adjacent transition
areas, with uniform levels or slopes between finish elevations.
Shape surface of areas to within_O.10' above or below required
subgrade elevation, compacted as required..
Maintenance: Repair and re-establish grades in settled, eroded,
rutted, or otherwise damaged areas. In damaged compacted areas,
scarify surface, re -shape, and compact to required density prior
to further construction.
Disposal: Transport acceptable excess excavated material to
designated soil storage areas on site, stockpile or spread as
directed. Remove and dispose of unacceptable excavated material,
trash, and debris from site.
Disposal: Remove excess excavated material, trash, debris, and
waste material from site.
END OF SECTION 02200
SECTION 02514 - PORTLAND CEMENT CONCRETE PAVING
Forms: Steel, wood, or other suitable material of size and
strength to resist movement during concrete placement and to
retain horizontal and vertical alignment until removal.
Welded Wire Mesh: Welded plain cold -drawn steel wire fabric,
ASTM A 185.
Reinforcing Bars: Deformed steel bars, ASTM A 615, Grade 60.
Fabricated Bar Mats: Welded or clip -assembled steel bar or rod
mats, ASTM A 184. Use ASTM A 615, Grade 60 steel bars, unless
otherwise indicated.
Concrete Materials: Comply with requirements of applicable
Division-3 sections.
Expansion Joint Materials: Comply with requirements of
applicable Division-7 sections.
Curing and Sealing Compound: ASTM C 309, Type 1, Class A.
Concrete Mix: Design mix to product normal -weight concrete
consisting of portland cement, aggregate, water -reducing,
air -entraining admixture and water to produce the following
properties: compressive strength of 3000 psi, minimum at 28
days; 3" slump; and 5%-8% air content.
Do not place concrete until subbase and forms have been checked
for line and grade. Moisten subbase if required to provide
uniform dampened condition at time concrete is placed. Do not
place concrete around structure until they are at required finish
elevation and alignment.
Joints: Construct expansion, weakened -plane (contraction), and
construction joints true -to -line with face perpendicular to
surface of concrete. Construct transverse joints at right angles
to centerline, unless otherwise indicated.
Weakened -Plane (Contraction) Joints: Provide weakened -plane
(contraction) joints, sectioning concrete into areas as shown on
drawings.
Expansion Joints: Provide premolded joint filler for expansion
joints for the full width and depth of the joint at abutting
concrete curbs, walks, and other fixed objects.
Concrete Finishing: After striking -off and consolidating
concrete, smooth surface by screeding and floating. Adjust
floating to compact surface and produce uniform texture. Keep
concrete finishing to minimum amount of time. Provide broom
finish on all areas. Inclined surfaces will require a coarse
non -slip textured finish.
END OF SECTION 02514
1
SECTION 03310 - CONCRETE
r-.
Mix Proportions and Design: Proportion mixes complying with mix
design procedures specified in ACI 301. Provide 3000 psi
-� hardrock concrete.
Portland Cement: ASTM C 150, Type as required.
Fly Ash: ASTM C 618, Type C or F, not exceeding 25%.
Aggregates: ASTM C 33, except local aggregates of proven
durability may be used.
Water: Drinkable.
Air -Entraining Admixture: ASTM C 260. Use in all concrete.
Water -Reducing Admixture: ASTM C 494; type as required to suit
project conditions. Calcium chloride not permitted.
Membrane -Forming Curing Compound: ASTM C 309, Type 1.
Deformed Reinforcing Bars: ASTM A 615, Grade 60, unless
otherwise indicated.
Welded Wire Fabric: ASTM A 185.
Concrete Placement: Comply with ACI., placing concrete in a
continuous operation within planned joints or sections. Protect
concrete from physical damage or reduced strength due to weather
extremes during mixing, placement and curing.
Concrete Finishes:
Exposed -to -view Surfaces: Provide a smooth finish for exposed
concrete surfaces and surfaces that are to be covered with a
coating or covering material applied directly to concrete.
.� Slab Trowel Finish: Apply trowel finish to monolithic slab
surfaces that are exposed -to -view or are to be covered with
resilient flooring, paint or other thin film coating.
Curing: Begin initial curing as soon as free water has
disappeared from exposed surfaces. Where possible, keep
continuously moist for not less than 72 hours. Continue curing
by use of moisture -retaining cover or membrane -forming curing
compound.
END OF SECTION 03310
1
SECTION 04200 - UNIT MASONRY
Standards: Comply with recommendations of Brick Institute of
America (BIA), and National Concrete Masonry Association (NCMA).
Concrete Block: Provide Grade N, Type I, Normal weight hollow -
block loadbearing units complying with ASTM C 90.
Mortar Materials and Mixes: Provide Type S mortar complying with
ASTM C 270, Proportion Specification with Portland Cement, Type I
or Type III, combined with hydrated lime and sand.
Joint Reinforcement: Welded -wire units prefabricated with
deformed continuous side rods and plain cross rods, both 0.1483"
diameter, and of widths to fit wall thicknesses indicated, with
prefabricated corner and tee units.
Installation:
Install masonry units in the bond pattern indicated, or if none
is indicated, in running bond.
Bond intersecting walls with masonry units or provide anchors
spaced 2'-0".
Hold uniform joint sizes as indicated, or if not indicated, hold
joint sizes to suit modular size of masonry units.
Cut joints flush and tool slightly concave, unless otherwise
indicated.
Reinforce horizontal joints with continuous masonry joint
reinforcement, spaced 16" vertically.
Anchor ends of walls to structure with anchors spaced 2'-0",
except as otherwise shown.
Build other work into the masonry work as shown, fitting masonry
units around other work, and grouting for secure anchorage.
Final Cleaning: After mortar is thoroughly set and cured, clean
concrete unit masonry to comply with masonry manufacturer's
directions and applicable NCMA "TEK" bulletins.
END OF SECTION 04200.
1
SECTION 05210 - STEEL JOISTS
Codes and Standards: SJI "Standard Specifications, Load Tables
and Weight Tables for Steel Joists and Joist Girders" for types
of joists indicated; comply with applicable provisions except as
otherwise indicated. Submit manufacturer's certification that
steel joists and joist girders comply with specified
requirements.
Steel: ASTM A 36, or other per SJI "Specifications".
Fasteners: High -strength bolts and nuts, ASTM A 325 or A 490;
unfinished bolts and nuts, ASTM A 307, Grade A.
Shop Paint: Comply with SJI "Specifications" for materials and
application.
Bridging: Comply with SJI "Specifications" for type of joists
and installation requirements. Provide bridging anchors for ends
of bridging lines terminating at walls or beams.
End Anchorage: Comply with SJI "Specifications" unless otherwise
indicated.
Erection: Comply with SJI "Specifications", and maintain work in
safe and stable condition during erection. Do not apply
construction loads until bridging and anchorages are completed.
END OF SECTION 05210
SECTION 05300 - METAL DECKING
Codes and Standards: AISI "Specification for the Design of Cold -
Formed Steel Structural Members"; AWS "Structural Welding Code",
SDI "Design Manual for Floor Decks and Roof Decks"; comply with
applicable provisions except as otherwise indicated.
U.L. Listing: Provide metal deck units listed in UL "Fire
Resistance Directory", bearing UL label and marking for the
system detailed.
FM Listing: Provide metal roof deck units which have been
evaluated by Factory Mutual System and are listed in "Factory
Mutual Approval Guide" for "Class I" fire -rated construction.
Steel for Painted Units: ASTM A 611, Grade C.
Steel Shapes: ASTM A 36.
Shop Paint: Manufacturer's standard baked -on rust -inhibitive
paint.
Fabrication: Form deck units in lengths to span at least 3
supports; flush, telescoped, or nested 2" end laps; nested or
interlocked side laps, unless otherwise indicated.
Roof Deck: Comply with SDI "Roof Deck Specifications", of metal
thickness, width, and depth indicated. Equal to Vulcraft/Div.
Nucor Corp., 22-gage, Type F metal deck units; and 26-gage
corruform metal floor deck units, 19/32" deep with 1/2" max. rib
opening and 2-1/2" max. rib spacing.
Accessories: Provide cover plates, closure strips, roof sump
pans, cant strips, as required; use deck manufacturer's standard
unless otherwise shown.
Installation: Place deck units and secure to adjacent framing by
fusion welding 12" o.c. to supports, with a minimum of 2 welds at
each support, unless otherwise indicated.
Secure roof deck units at ends and side laps at spacings
recommended by deck manufacturer to provide resistance for gross
uplift of 45 psf at eave overhang and 30 psf for other roof
areas.
END OF SECTION 05300
1
SECTION 05500 - METAL FABRICATIONS
Steel Plates, Shapes, and Bars: ASTM A 36.
Fasteners: Provide bolts, nuts, lag bolts, machine screws, wood
screws, toggle bolts, masonry anchorage devices, lock washers as
required for application indicated and complying with applicable
Federal standards. Hot -dip galvanize fasteners for exterior
applications to comply with ASTM A 153.
Shop Painting: Apply shop primer to surface of metal
fabrications except those embedded in concrete or galvanized;
comply with SSPC-PA1.
Fabrication, General: Use materials of size and thickness shown,
or, if not shown, of required size, grade and thickness to
produce strength and durability in finished product.
Rough Hardware: Furnish custom -fabricated bolts, plates,
anchors, hangers, dowels, and other miscellaneous steel and iron
shapes for framing and supporting and anchoring woodwork.
Installation: Perform cutting, drilling and fitting required for
installation; set work accurately in location, alignment and
elevation, measured from established lines and levels. Provide
anchorage devices and fasteners where necessary for installation
to other work. Touch-up shop and galvanizing paint after
installation.
END OF SECTION 05500
1
SECTION 05580 - SHEET METAL FABRICATIONS
Submittals: Product data and shop drawings showing details of
fabrication, assembly, and installation.
Sheet Metal Materials: Use materials selected for their surface
flatness, smoothness, and freedom from surface blemishes.
Galvanized Steel Sheet: ASTM A 526, G90, mill phosphatized.
Miscellaneous Materials: As follows:
Welding Electrodes and Filler Metal: Type and alloy to match
metal to be welded.
Fasteners: Concealed, except as otherwise indicated, of type
and alloy to match metal to be fastened; use Phillips flat-
head screws for exposed fasteners where permitted, unless
otherwise indicated.
Fabrication, General: Fabricate items from sheet metal of type,
minimum nominal thickness, and finish as well as to dimensions
and details indicated. Produce units of strength required for
intended use with exposed surfaces which are smooth, flat and
free of imperfections.
Form sheet metal in maximum lengths and keep joints to a
minimum, with cut edges concealed.
Continuously weld all joints and seams except as otherwise
indicated.
Closures and Trim: Formed to tightly close with adjoining
construction, from galvanized steel sheet, 0.0516".
Finishes: Comply with NAAMM "Metal Finishes Manual".
Galvanized Steel Sheet Finishes: As follows:
Surface Preparation: Clean surfaces of dirt, grease, and
other contaminants followed by a conversion coating of type
suited to organic coating applied over it. Treat welds,
mechanical connections, and abraded areas as well as apply
galvanizing repair paint to comply with ASTM A 780.
Installation:
Locate and place miscellaneous sheet metal items plumb and level;
in alignment with, and securely attached to adjoining
construction.
END OF SECTION 055BO
1
P.,
SECTION 06100 - ROUGH CARPENTRY
Lumber, General: S4S and grade stamped, complying with PS 20.
Provide seasoned lumber with 19% moisture content.
Dimension Lumber: Provide Stud Grade lumber.
Construction Panels: Comply with PS 1 and "APA Performance
Standard and Policies for Structural Use Panels" (Form E445).
Fasteners and Anchorages: Of size, type, material and finish
suited to application shown and complying with applicable
standards including FS FF-N-105, FS FF-W-92 and ANSI B1B.6.1.
Installation: Securely attach carpentry work to substrates and
supporting members using fasteners of correct size. Provide wood
framing members of size and spacing indicated; do not splice
structural members between supports. Firestop concealed spaces
with wood blocking not less than 2" thick. Space studs at
24" o.c. unless noted otherwise.
END OF SECTION 06100
1
SECTION 06400 - ARCHITECTURAL WOODWORK
Standards: "Architectural Woodwork Quality Standards" by AWI.
Lumber Species for Opaque Finish: Custom Grade closed -grained
hardwood.
Exposed Cabinet Wood: White Pine.
Semi -Exposed Cabinet Wood and Closet shelves: Particle board.
Plastic Laminate: High pressure decorative laminate complying
with NEMA LD 3, equal to Wilsonart, as selected from
manufacturers' standard products.
Cabinet Hardware and Accessory Materials: Provide cabinet
hardware and accessory materials as required.
Installation: Install architectural woodwork plumb, level and
straight with no distortion. Shim as required using concealed
shims. Scribe and cut woodwork to fit adjoining work. Anchor
woodwork to anchors or blocking or directly to substrates, using
concealed fasteners. Install standing and running trim with
minimum number of joints possible using full-length pieces from
maximum length of lumber available. Cope at returns, miter at
corners.
END OF SECTION 06400
1
SECTION 07510 - ELASTOMERIC ROOFING SYSTEM
Classification: UL Class A fire rating, complying with Factory
Mutual I-90 and I-28 wind uplift requirements.
Manufacturer's Warranty: Built-up roofing manufacturer's
standard 10-year roofing warranty., equal to Manville "NDL".
Roofing Warranty: Provide Roofing Contractor's standard 2-year
roofing warranty; MRCA Form 1970A, or equivalent form.
Product Standards: As recommended by Manville Building Materials
Corporation and the NRCA for applications indicated.
General: Provide products equal to the "DynaKap" roofing system,
Manville Building Products Corp.
Underlayment Sheet: "G1asBase" fiberglass weathering sheet;
28 lbs, per square. Mop to insulation board.
Elastomeric Cap Sheet: "DynaKap FR " elastomeric roofing system
fiberglass and polyester reinforced cap sheet; 105 lbs. per
square.
�-- Base Flashing: "DynaKap FR" elastomeric roofing system
fiberglass and polyester reinforced cap sheet; 105 lbs. per
square.
Asphalt: Steep asphalt Type III, ASTM D 312; with a flow point
of 185 deg. F. Ship to Work Site in labeled containers. Do not
heat beyond 475 deg. F.
Roofing Cement: ASTM D 2822.
Tapered Insulation Boards: Equal to Manville "Fesco Board",
expanded perlite and fiber board insulation board, complying with
ASTM C 728. Provide tapered units as indicated.
Roofing Fasteners: Equal to Manville "Ultrafast" screws and
plates.
Installation: Conform to manufacturer's recommended
specifications as indicated, equal to the Manville specification
numbers noted, and as recommendedby the NRCA "Roofing Manual".
Bitumen Mopping: Apply interply and surface moppings of bitumen
in accordance with the " Equiviscious Temperature Method" (EVT)
as recommended by the NRCA.
Substrate Moisture: Do not install roofing on wet insulation or
other moist substrates. Do not apply hot bitumen under
conditions which would cause foaming due to moisture.
1
Roof Insulation Boards: Install in accordance with Manville
Specification No. 503, parts .01, .02, and .03. Do not apply
more insulation boards than can be covered with roofing felts in
one day.
Roofing Membrane: Specification No. 2 CID. Apply asphalt to
insulation boards at the rate of 33 lbs. per square. Apply one
layer of fiberglass underlayment sheet into hot asphalt (within
25 deg. F of EVT) over insulation boards. Shingle multiple plies
of roofing unless otherwise required by felt manufacturer's
instructions.
Elastomeric Cap Sheet: Specification No. 2 CID. Apply one layer
of "DynaKap" cap sheet over a solid mopping of hot asphalt
applied at the rate of 25 lbs. per square.
Composition Flashing and Stripping: Seal edges of roofing to
prevent flow of bitumen into building and drains. Provide
envelope of roofing felt or, where envelope is not possible,
provide large beads of roofing cement.
Install in strict accordance with current published Manville
specifications in order to comply with requirements for Manville
NDL guarantee.
END OF SECTION 07510
2
SECTION 07600 - FLASHING AND SHEET METAL
Standards: Conform to profiles and sizes shown, and comply with
"Architectural Sheet Metal Manual" by SMACNA, for each general
category of work required.
Zinc -Coated Steel Sheet: ASTM A 526, 0.20% copper, 26 gage
(0.0217); ASTM A 525, designation G90 hot -dip galvanized, mill
phosphatized.
Fabrication: Fabricate sheet metal with flat -lock seams; solder
with type solder and flux recommended by manufacturer.
Coat back -side of fabricated sheet metal with 15-mil sulfur -free
bituminous coating, SSPC-Paint 12, to separate metals from
corrosive substrates including cementitious, wood or other
absorbent materials.
Provide for thermal expansion of running sheet metal work, by
overlaps of expansion joints in fabricated work. Provide hooked
flanges filled with polyisobutylene mastic for 1" embedment of
flanges. Space joints at intervals of not more than 50'.
Installation Requirements:
Anchor work in place with noncorrosive fasteners, adhesives,
setting compounds, tapes and other materials and devices as
recommended by manufacturer of each material or system.
Seal moving joints in metal work with elastomeric joint sealants,
complying with requirements specified in Division 7 Section
"Joint Sealants".
Clean metal surfaces of soldering flux and other substances which
could cause corrosion.
Performance: Water-tight/weatherproof performance of flashing
and sheet metal work is required.
END OF SECTION 07600
1
SECTION 07900 - JOINT SEALERS
Provide sealant each side of all metal frames at masonry
openings.
One -Part Nonsag Urethane Sealant for Use NT: Type S; Grade NS;
Class 25; and Uses NT, M, A, and O; equal to Sonoplastic NP1,
Sonnborn Building Products. Comply with ASTM C 920.
Sealant Backings, General: Nonstaining; compatible with joint
substrates, sealants, primers and other joint fillers; approved
for applications indicated by sealant manufacturer.
Installation: Comply with joint sealer manufacturers'
instructions applicable to products and applications indicated.
END OF SECTION 07900
1
SECTION 08110 - STEEL DOORS AND FRAMES
Standards: Comply with Steel Door Institute "Recommended
Specifications for Standard Steel Doors and Frames" (SDI-100)
equal to Steelcraft.
Interior Door Frames: Minimum 16-gage.
Exterior Doors: SDI-100, Grade III, extra heavy-duty, Model 2,
minimum 16-gage faces with minimum 14-gage frames. Use
galvanized anchors and accessories for units built into exterior
walls, complying with ASTM A 153.
Installation: Install in accordance with manufacturer's
instructions. Fit doors to frames and floors with clearances
specified in SDI-100. Install fire -rated units in accordance
with NFPA Std. No. 80.
Provide a bead of acrylic sealant at perimeter of each side of
frame at junction with gypsum board walls. Sealant to comply
with manufacturer's standard one -part nonsag, solvent -release -
curing, acrylic terpolymer sealant; ASTM C 920 for Type S, Grade
NS, Uses: NT, M, G, A and O.
END OF SECTION 08110
1
SECTION 08211 - FLUSH WOOD DOORS
Quality Standards: Comply with AWWDA I.S.1 and AWI
"Architectural Woodwork Quality Standards".
Interior Doors for Opague Finish: Custom paint grade faces.
Installation: Install wood doors to comply with manufacturer's
instructions and of referenced AWI standard and as indicated.
END OF SECTION 08211
1
P_
SECTION 08520 - ALUMINUM WINDOWS
Standards: Comply with applicable requirements for aluminum
windows, terminology and standards of performance, and
fabrication workmanship specified in ANSI/AAMA 101-85.
Submittals: Submit product data, including half-size details of
each typical section, showing glazing details. Submit specific
information on operating parts, hardware, weatherstripping,
finishes for aluminum and preglazed construction.
Submit shop drawings showing elevations, details and
anchorages for work not detailed in product data.
Manufacturers: Provide window units produced by one of the
following:
Casement Units: Equal to Project-O-Lite.
Serving Units: Equal to Nissen CS Series with screens.
Types (Operation): The drawings indicate locations of operating
sash.
-� Grade (Classification): Provide window units of the following
grade and performance classes:
Commercial: C20.
Aluminum Extrusions: Provide alloy and temper recommended by the
window manufacturer for strength, corrosion -resistance, and
application of required finish, but not less than 22,000 psi
ultimate tensile strength and not less than 0.062" thickness at
any location for main frame and sash members.
Fasteners: Provide aluminum, non-magnetic stainless steel, epoxy
adhesive, or other materials warranted by the manufacturer to be
p-.
non -corrosive and compatible with aluminum members, trim,
hardware, anchors and other components of window units.
Weatherstripping: Provide the manufacturer's standard weather-
stripping at each edge of each operating sash.
Glazing Stops: Provide screw -applied or snap -on glazing stops
(beads), coordinated with.glass selection and glazing system
indicated. Finish glazing stops to match window units.
Insect Screens: Provide the manufacturer's standard aluminum
framed units for each operable sash, with 18 x 14 replaceable
mesh and vinyl retainer spline.
Provide coated aluminum mesh, 0.013" wire, complying with FS
RR-W-365, Type VII.
1
Fabrication: Fabricate units to comply with requirements and
grades indicated.
Design Requirements: Comply with air infiltration, water
penetration and structural performance requirements indicated
in AAMA 101-85 for the type, grade and performance class of
window units required.
Design wind velocity at the project site is 80 mph.
Sizes and Profiles: Required sizes for window units and profile
requirements are indicated on the drawings. Variable dimensions
are indicated along with maximum and minumum dimensions as
required to achieve design requirements and coordination with
other work.
Aluminum Finish: Medium natural anodized, NAAMM AA-C22A31.
Preglazed Fabrication: Preglaze window units at the factory
where possible for applications indicated. Comply with glass and
glazing requirements of the "Glass and Glazing" sections of these
specifications. and AAMA 101-85.
Installation:
Anchor window units securely in place, with permanent separations
to prevent electrlytic corrrosion. Seal the entire perimeter of
each unit as shown; comply with applicable requirements of the
"Joint Sealant" section.
Adjust and lubricate operating sash and hardware for proper
operation.
Clean aluminum surfaces promptly after installation; do not
damage protective coating. Repair minor damage to the finish.
Clean glass promptly after installation.
END OF SECTION 08520
■
SECTION 08710 - FINISH HARDWARE
General Hardware Requirements: Provide equals
to the specified
products.
�-- Warranty: Provide manufacturer's standard warranty
guarding
against defects in materials, finishes, and workmanship: 2 years
for hardware, and 5 years for closers.
Keying: Temporary Best cylinders will be provided
by the General
Contractor. Permanent Best cylinders will be
provided by the
Owner.
Hardware Mounting Heights: Door and Hardware
Institute
"Recommended Locations for Builders Hardware for Standard Steel
Doors and Frames". Install each hardware item
to comply with
manufacturer's instructions. Set thresholds in a full bed of
butyl -rubber mastic sealant.
Hardware Schedule:
HEADING 1:
Single Door Mark #1 & #2 HM doors - each leaf
to have:
1.5 pr. Hinges BB1279 4.5 x 4.5 x US P x SH x
NRP Hager
1 pr. Passgae 865-410 x US 10
Corbin
1 Deadlock 83T-7-M-8TS1 x US 10
Best
,., 1 Closer P390EH x SNB x DBL
Corbin
1 Threshhold 170AN x DW
Pemko
1 Sweep 315AN x DW
Pemko
1 set Weatherstrip 216AV x Opg.
Pemko
1 Lock Protector LP6 x US 10
Glynn Johnson
HEADING 2:
Single Door Mark #7 Screen Door - each leaf to
have:
1 pr. Spring Hinges 9 x US 2H
Hager
1 Pull 1960 x US 2C
Hager
1 Spring & Chain Door Retainer CD4122
Hager
HEADING 3:
Single Door Mark # 3 SC door - each leaf to have:
1.5 pr. Hinges 1279 4.5 x 4.5 x US P
Hager
1 Passage 865-410 X US 10
Corbin
1 Deadlock 83T-7-M-STS1 x US 10
Best
2 Hinge Pin Stop 69F10
Ives
3 Silencers (stick -on)
Ives
1
HEADING
4:
Single
Door Mark #5 & #6 HC doors
-
each leaf to
have:
1.5 pr.
Hinges 1279 3.5 x 3.5
x US
P
Hager
1
Passage 865-410 X US
10
Corbin
2
Hinge Pin Stop 69F10
Ives
3
Silencers (stick -on)
Ives
HEADING
5:
Single
Door Mark #4 HC door -
each
leaf to have:
1.5 pr.
Hinges 1279 3.5 x 3.5
x US
P.
Hager
1
Privacy 865-420 x US
10
Corbin
2
Hinge Pin Stop 69F10
Ives
3
Silencers (stick -on)
Ives
END OF SECTION 08710
SECTION 08800 - GLASS AND GLAZING
Glazing Standard: Comply with FGMA "Glazing Manual" and "Sealant
Manual".
r
Glass Manufacturers: Equal to LOF Glass, Inc.
Clear or Tinted Tempered Float Glass: Kind FT, Condition A,
Type I, Class 1, Quality q3, complying with ASTM C 1048.
Glazing Sealant: Comply with sealant and glass
manufacturers'recommendations.
Cleaners, Primers and Sealers: Type recommended by manufacturer
of sealants/gaskets.
Blocks and Spacers: Neoprene, EPDM or silicone as required for
compatibility with glazing sealants.
Glass Installation (Glazing): Comply with referenced FGMA
standards and instructions of manufacturers of glass, glazing
sealants, and gaskets, to achieve airtight and watertight
performance, and to minimize breakage.
END OF SECTION 08800
1
SECTION 09250 - GYPSUM DRYWALL
Gypsum Board: Provide gypsum board of types indicated in maximum
lengths available to minimize end joints equal to United States
Gypsum Co., 5/8" Type X with tapered edges for all assemblies.
Comply with ASTM C 36.
Trim Accessories: ASTM C B40, mfr's standard trim accessories.
Gypsum Board Joint Treatment Materials: Comply with ASTM C 475
and ASTM C 840 for joint tape and joint compounds.
Gypsum Board Nails: ASTM C 514, equal to Drytite coated gypsum
board nails.
Gypsum Board Installation: Install and finish gypsum board to
comply with ASTM C 840. Nail gypsum board to supports. Provide
support for sound attenuation blankets.
Drywall Finishing: Apply joint tape and joint compound at joints
between gypsum boards as recommended by manufacturer.
END OF SECTION 09250
1
SECTION 09650 - RESILIENT FLOORING
Colors and Patterns: As selected from manufacturer's standard
colors and patterns.
Vinyl Wall Base: Coved, 4" high, 1/8" gage.
Wall Base Adhesive: Equal to W.W. Henry Cove Base Adhesive.
Installation: Comply with flooring manufacturer's
recommendations for type(s) of materials, project conditions, and
�. intended use. Do not miter outside corners of wall base.
SECTION 09900 - PAINTING
Application: Apply painting and finishing materials in
accordance with manufacturer's directions and as follows:
Paint surfaces behind movable equipment and furniture same as
similar exposed surfaces. Paint surfaces behind permanently
fixed equipment or furniture with prime coat only before
equipment is installed.
Paint back sides of access panels, and removable or hinged covers
to match exposed surfaces.
Finish exterior doors on tops, bottoms and edges same as exterior
faces, unless otherwise indicated.
Sand lightly between exceeding enamel coats.
Omit first coat (primer) on metal surfaces which have been shop -
primed and touch-up painted, unless otherwise specified.
Apply prime coat to material which is required to be painted or
finished, and which has not been prime coated by others.
Apply each material at not less than manufacturer's recommended
spreading rate, to provide a total dry film to thickness of not
less than 4.0 mils for entire coating system of prime and finish
coats for 3-coat work.
Provide a total dry film thickness of not less than 2.5 mils for
entire coating system of prime and finish coat for 2-coat work.
Painting Schedule:
Exterior Concrete Masonry Units: Flat acrylic latex; 2 coats not
less than 2.5 mils. thick over filled surface. Block filler to
be porous surface type.
Interior Concrete Masonry Units: Semi -gloss alkyd enamel; 2
coats not less than 3.5 mils. thick over filled surface. Block
filler to be solvent -thinned FS TT-F-109B.
Gypsum Drywall: Semi -gloss latex; 3 coats over approved wall
texture pattern.
Ferrous & Zinc -coated Metal: Semi -gloss enamel; 2 coats over
primer, not less than 2.5 mils. thick.
Woodwork: Semi -gloss acrylic latex; 3 coats.
END OF SECTION 09900
I
SECTION 10800 - TOILET AND BATH ACCESSORIES
Manufacturer: Equal to Boberick Washroom Equipment, Inc. Locate
all equipment as noted or directed.
Toilet:
1 ea. Paper Towel Dispenser B-262
1 ea. Toilet Tissue Dispenser B-273
1 ea. Grab Bar 1-1/2" x 36"x 48" B-6237
1 ea. Mirror 16" x 20" B-290 1620
Installation: Install toilet accessory units in accordance with
manufacturer's instructions. Install units plumb and level,
firmly anchored, and as required by governing Handicapped
Standards. Mount all grab bars 33"-36" above floor.
END OF SECTION 10800
1
SECTION 15000 - MECHANICAL & PLUMBING
Quality Assurance: Conform to all codes for all following items:
Welding Materials and Labor: Comply with ASME Code and all
State Labor Regulations. Use welders that are fully
qualified and licensed by the State.
Domestic Water, Drainage and Vent Piping: Applicable
Building Code for the types indicated. Provide lead-free
solder for all domestic water lines.
Piping Preparation: Ream pipes and tubes, and clean off scale
and dirt prior to assembly. Remove welding slag and other
foreign material from piping.
Piping Connections: Provide unions at all connections to
equipment and branch mains. Provide non -conducting type
connections wherever joining dissimilar metals in open systems.
Brass adapters and valves are acceptable. Comply with the
following:
Screwed Joints: Provide for all steel piping up to and
including 1-1/2". 2" piping may be screwed as an option.
Make screwed joints with full cut standard taper pipe
threads. Use red lead and linseed oil or other approved non-
toxic joint compound on threads.
Welded Joints: Provide for all steel piping 2-1/2" and
larger, including branch connections. 2" piping may be
welded as an option.
Main Connections: Use main -sized saddle type branch
connections for connecting branch lines to mains in steel
pipe if main is at least one size larger than the branch, up
to b" mains, and if main is two pipe sizes larger than branch
for B" and larger mains. Do not project branch pipes inside
of the main pipe.
Cast Iron Bell and Spigot Pipe Joints: Neoprene gasketing.
Plain End Pipe Joints: Gasket and clamp type mechanical
fastener.
Piping Route and Grades: Route piping in an orderly maner and
maintain proper grades. Install to provide adequate headroom and
maximize use of space. Run exposed piping parallel to walls.
Group piping at common elevations whenever practical. Install
concealed piping close to building structure to minimize furring.
Slope water piping 1" per 40', and arrange to drain at low
points. -
Grade horizontal drainage and vent piping 1/4" per ft. minimum
unless noted otherwise.
1
Install piping to allow for contraction and expansion without
stressing pipe or connected equipment.
Provide clearance for installation of insulation and for access
to valves, air vents, drains and unions.
Make reductions in water pipes with eccentric reducing fittings
installed to provide drainage and venting.
Pipe Hangers and Supports: Use hangers that are vertically
adjustable 1-1/2" minimum after piping is erected. Install
hangers to provide 1/2" minimum clear space between finished
covering and adjacent work. Place a hanger within one foot of
each horizontal elbow. Provide multiple or trapeze hangers at
locations of parallel and same elevation installations. Support
riser piping independently of supported horizontal piping.
Flashing: Provide flashing and counterflashing where mechanical
equipment passes through walls and roofs.
Valve Connections: Provide pipe -sized valves suitable for
connection to adjoining piping as specified for pipe joints.
Provide threaded pipe sizes for valves 2" and smaller; flanged
valves for pipe sizes 2-1/2" and larger. Solder or screw copper
tubinmg to solder adaptors.
^
Valve Installation: Install valves with stems upright or
horizontal, not inverted. Install gate valves in any location
required to shut-off and isolate service to equipment, parts of
systems or vertical risers. Provide drain valves at all main
shut-off valves, and at low points of piping and apparatus.
Piping Insulation and Components: Comply with the following;
Cold Piping: Fibrous glass insulation with factory applied
vapor barrier jacket, molded to conform to piping; "K" value
at 75 deg. F. maximum 0.25 btu/in./sq. ft./deg.F/hr.
Hot Piping: Fibrous glass insulation with factory applied
general purpose jacket, molded to conform to piping; "K"
value at 75 deg. F. maximum 0.25 btu./in./sq. ft./deg.F./hr.
Refrigerant Piping: Foamed plastic of closed cell structure
"K" value at 75 deg. F. maximum water vapor transmission
rating of 0.1 perms.
Piping Insulation Installation: Provide insulation at all
fittings, valves, unions and flanges. Terminate insulation
neatly with plastic material troweled on bevel. .Cover insulation
seams in least visible locations and finish neatly at hangers,
supports or other protrusions. Continuously insulate piping
through inside walls. Pack around piping and fully seal with
fireproof self-supporting insulation material. Repair joint
separations and cracked insulation.
P. 2
Cold Piping Insulation: Cover fittings and valves with
equivalent thickness of insulation material. Cover insulation
with open mesh glass cloth sealed with vapor barrier sealant.
Toatally seal lap joints with vapor barrrier sealant and
adhesive. Seal butt joints withg 4" wide strips of vapor barrier
seraled with vapor barrier sealant. Apply hydraulic setting
cement paste over insulation material at exposed fittings and
valves before applying recovering.
Hot Piping Insulation: Cover fittings and valves with equivalent
thickness of insulation material. Apply hydraulic setting cement
paste over insulation material at exposed fittings and valves
before applying canvas recovering.
Refrigerant Piping Insulation: Cover fittings and valves with
equivalent thickness of insulation material. Seal tightly butted
edges with vapor barrier tape or sealer.
Water Hammer Arrestors: Provide an air chamber at water supply
to each fixture or group of fixtures with material same size as
line, or 1/2" dia. min. and 18" min. long.
Plumbing Accessory Installation:
Bury outside water and drainage pipe 24" deep min. Slope
drainage lines 1/4" per ft. unless noted otherwise. Lubricate
cleanout plugs with a mixture of graphite and linseed oil. Prior
to Substantial Completion, remove cleanout plugs, relubricate and
reinstall with just enough force to ensure a leakproof joint.
Install vacuum breakers on all piping where contamination of
domestic water may occur, at hose bibbs and flush valves.
Provide waterproof installation at all floor drains.
Plumbing Fixture General Requirements:
Provide new fixtures from one manufacturer, free from flaws and
blemishes with finished surfaces clear, smooth and bright.
Provide fixture brass and accessories with heavy chrome plating
from one manufacturer. Verify location and size of fixtures and
openings before rough -in and installation. Protect fixtures
against use and damage during construction. Clean all fixtures
and equipment prior to Substantial Completion.
Plumbing Fixture Installation:
Install each fixture with a trap, easily removable for servicing
and cleaning. Provide chrome plated rigid or flexible supplies
to fixtures with screwdriver stops, reducers and escutcheons.
Mount fixtures at hights required by governing ordinances.
Ductwork Reference Standards:
Fabricate ductwork in accordance With SMACNA duct manuals and
ASHRAE Handbooks. Conform to NFPA 90, "Air Conditioning and
Venilating Systems"; NFPA 90B, "Standard for the Installation of
Warm Air Heating and Air Conditioning Systems"; and NFPA 96.
3
SECTION 16000 - ELECTRICAL
WIRING MAl-ERIALS
A.
Building Wiring: 98 per cent conductivity copper, 6TOO
volt insulation.
B.
Branch Circuit Wiring: Conductors smaller than no. 12
AWG gage not permitted.
.- C.
Provide permanent plastic name tag indicating load fed.
CONDUCTOR
INSTALLATION
A.
Make conductor length for parallel feeders identical.
B.
Lace or clip groups of feeder conductors at distribu-
tion centers, pull boxes.
C.
Provide copper grounding conductors and straps.
D.
Install wire and cable in code conforming raceway.
E.
Use wire pulling lubricant for pulling No. 4 AWG and
larger wire.
F.
Install wire in conduit runs after moisture is swabbed
from conduits.
G.
Splice only in accessible junction or outlet boxes.
,.. H.
Color code conductors to designate neutral conductor
and phase.
I.
All 20 A circuits 100' and over use #10 TW.
J.
Use solid conductors for #10 and smaller.
K.
Use stranded conductors for #8 and larger.
L.
All conductors #8 and larger type THW.
M.
Use type THHN conductors for thru wiring of fluorescent
lighting fixtures.
CONDUCTOR
SPLICES
A.
Run feeders continuous throughout run use no splices.
B.
For joints in stranded conductors use solderless bolted
pressure connectors.
C.
For solid conductors use solderless connectors (wire
nuts) Skotch-Lok.
D.
Cover all joints or splices with rubber friction tape
to make joint equal to conductor insulation.
E.
Make joints or splices in wet conditions in accordance
with manufacturers recommendations.
CONDUIT
A.
Utilize rigid conduit in concrete.
B.
Utilize nonmetallic conduit under concrete slab.
C.
Utilize electrical metallic tubing in other locations.
D.
Utilize rigid metalic conduit in paint room and from
below slab to 48 inches above slab in service bays.
D.
For underground conduit exterior, use nonmetallic con-
duit encased in concrete.
E.
Make connections to motors and equipment with PVC
jacketed flexible conduit and liquidtight connectors.
Minimum size 1/2 inch for motor connections. Use
three -eights 3/8 inch flexible conduit only for fixture
and control wiring. Provide sufficient length of
-flexible conduit to avoid transmission of vibration.
1
CONDUIT INSTALLATION
A. Install conduit concealed in all areas excluding
mechanical rooms, connections to motors, and connec-
tions to surface cabinets.
B. For exposed runs, attach surface mounted conduit with
galvanized one hole clamp.
C. Coordinate installation of conduit in masonry work.
D. Install conduit free from dents and bruises. Plug ends
to prevent entry of dirt or moisture.
E. Clean out conduit before installation of conductor.
F. Alter conduit routing to avoid structural obstructions,
minimizing crossovers.
Beal conduit with fiberglas where conduits leave heated
area and enter unheated area.
CONDUIT CONNECTIONS
A. For rigid conduit where it enters box use galvanized
locknuts inside and out and thermoplastic insulating
inside.
B. For electrical metallic tubing entering a box use com-
pression type box connector and locknut.
C. For connection between rigid conduit and flexible con-
duit, and flexible conduit connections to boxes, use
combination couplings equal to T & B "Bite-Tite".
D. Where weatherproof flexible conduit is used, use
weatherproof couplings.
E. Allow minimum of 6 inches clearance at flues, steam
pipes, and heat sources.
F. Provide 18 inch rigid conduit below slab, elbow from
below slab to outlet boxes with rigid conduit in serv-
ice area.
G. Provide condulet sealing fitting where conduit leaves
Class 1. Division 1 areas equal to Crouse Hinds EYS
Condulet fitting for vertical or hroizontal installa-
tion.
OUTLET BOXES - MATERIALS
A. Boxes: Hot dip galvanized, 1.25 oz. per sq.ft. or cad-
mium plated, conform to UL requirements.
B. Interior Boxes: Pressed sheet steel, blanked for con-
duit. Provide attached lugs for locating.
C. Exterior Boxes: cast, deep type.
D. For Ceiling: 4 in., octagonal boxes for receiving
three or less 1/2 in. conduits.
E. For Flush Mounting in Walls: Boxes with matching
plaster cover for single or two gang outlets. For
larger boxes use solid type or special units. In
masonry use deep boxes.
F. Surface Mounted: 4 inch square.
G. For installation on surface raceway, Wiremold 574es.
OUTLET BOX INSTALLATION
2
A. Mount outlet boxes flush in areas other than mechanical
rooms, electrical rooms, and above removable ceilings.
B. Adjust position of outlets in finished masonry walls to
suit masonry course lines.
C. Do not install boxes back-to-back in same wall. Coor-
dinate cutting of masonry walls to achieve neat open-
ings for boxes. Use rotary cutting equipment to cut
masonry work for installation of electrical fittings.
D. Locate boxes in masonry walls so that only a corner
need be cut from masonry units.
E. Do not use sectional or handy boxes unless specifically
^- requested.
F. For boxes mounted in exterior walls make sure that
there is insulation behind outlets boxes to prevent
condensation in bores.
G. For outlets mounted above counters, benches, or splash -
backs coordinate location and mounting heights with
built-in units. Adjust outlet mounting height to agree
with required location for equipment served.
WALL SWITCHES
A. Wall Switches for Lighting Circuits and Motor Loads Un-
der 1/2 HP: NEMA WD; 1 AC general use snap switch with
toggle handle, rated 20 amperes and 120-277 volts AC.
Handle: plastic.
B. Pilot Light Type: Lighted handle.[Pilot strap in ad-
jacent gang.]
C. Locator Type: Lighted handle.
RECEPTACLES
A. Convenience and Straight -blade Receptacles: NEMA WD 1.
B. Locking -Blade Receptacles: NEMA WD 5.
C. Convenience Receptacle Configuration: NEMA WD 1; Type
5-15 and 20A for dedicated outlets, plastic face.
mD. Specific -use Receptacle Configuration: NEMA WD 1 or WD
r, 5; type as indicated on Drawings, plastic face.
E. GFCI Receptacles: Duplex convenience receptacle with
integral ground fault current interrupter.
WALL DIMMERS
A. Wall Dimmers: NEMA WD 2; rotary dial or linear slide
,^ type.
B. Rating: 600 Watts minimum, larger size to accommodate
load shown on Contract Drawings.
C. Wall Dimmers
WALL PLATES
A. Decorative Cover Plate: smooth plastic plate color as
indicated
B. Weatherproof Cover Plate: Gasketed cast metal with
hinged gasketed device covers.
DEVICE INSTALLATION
3
A. Install wall switches 48 inches above floor, OFF posi-
tion down.
B. Install wall dimmers 48 inches above floor; derate
ganged dimmers as instructed by maufacturer; do not use
common neutral.
C. Install convenience receptacles 12 inches above floor,
install receptacles 18" above floor where required for
handicapped accessibility. Install outlets minimum 4"
above counters or splash. Install outlets grounding
pole on bottom.
D. Install specific -use receptacles at heights shown on
Contract 'Drawings.
E. Drill opening for poke -through fitting installation in
accordance with manufacturer's instructions.
F. Corridor Convenience Receptacles: Hospital Grade.
G. Install decorative plates on switch, receptacle, and
blank outlets in finished areas, using jumbo size
plates for outlets installed in masonry wall.
H. Install galvanized steel plates on outlet boxes and
junction boxes in unfinished areas, above accessible
ceilings, and on surface -mounted outlets.
I. Install devices and wall plates flush and level.
J. Provide GFCI outlet at all exterior weather proof out-
lets.
PANELBOARD INSTALLATION
A. Prepare and affix typewritten directory to inside cover
of panelboard indicating loads controlled by each cir-
cuit.
B. Install panelboards flush or surface as shown on draw-
ings.
C. Provide engraved plastic identification tag on front of
panel.
D. Adjust panel cover, cover shall be plumb and straight.
CONDUIT SUPPORTS
A.
Single Runs: Galvanized conduit straps or ring bolt
type hangers with
specialty spring clips. Equal to
Kindorf no. 150.
B.
Multiple Runs:
Conduit rack with 25 percent spare
capacity. Super
Strut, Kindorf.
C.
Vertical Runs:
Channel support with conduit fittings.
CONDUIT
ANCHOR METHODS
A.
Hollow Masonry:
Toggle bolts or spider type expansion
anchors.
B.
Solid Masonry:
Lead expansion anchors or present in-
serts.
C.
Metal Surfaces:
Machine screws, bolts, or welded
studs.
D.
Wood Surfaces:
(Wood screws) (nails).
E.
Concrete Surfaces:
Self -drilling anchors or powder
driven studs.
4
'.-. CONDUIT SUPPORT .INSTALLATION
A.
Layout to maintain headroom, neat mechanical ap-
pearance, and to support equipment loads required.
B.
Do not use plumbers perforated straps.
C.
Locate hangers and trapezes to support horizontal loads
without appreciable sagging use maximum spacing per
NEC, space closer where conditions require.
TELEPHONE
SYSTEM INSTALLATION
A.
For underground service entrance provide PVC conduit
from point indicated to telephone equipment backboard.
B.
Bury service entrance conduit minimum 24" below finish
grade.
C.
Provide pullboxes in telephone conduit runs spaced not
greater than 100 ft. apart, and on backboard side of
runs with more than two right angle bends.
D.
Place TELEPHONE label on pull and junction boxes.
-- E.
Provide pullwire in each telephone conduit run.
F.
Provide plywood backboards and duplex receptacles in
the telephone equipment room. Confirm location on job -
site prior to installation.
G.
Use PVC conduit for telephone conduit under slab. ex-
temd from below slab with metallic conduit.
H.
Provide conduit to above ceiling.
MECHANICAL
EQUIPMENT POWER INSTALLATION
A.
Cooperate with Mechanical Contractor in connection of
control conduit to motor starters
B.
Install line voltage thermostats for single phase
motors provided
C.
Provide remote control connection to remote devices.
5
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NOTICE OF ACCEPTANCE
TO:
Name of Bidder
Address of Bidder
City and State of Bidder
The City of Lubbock, having considered the proposals
submitted and opened on the day of ,
19 , for work to be done and materials to be furnished in and
for:
as set forth in detail in the Specifications, Plans and Contract
Documents for such work for the City of Lubbock; it appearing
that your proposal is fair, equitable and to the best interest of
said City, please take notice that said proposal was accepted by
the City Council of the City of Lubbock, Texas, on the day
of , 19 , at the bid price contained
therein, subject to the execution of and furnishing of all
Contract Documents, bonds, certificates of insurance and all
other documents specified and required to be executed and
furnished under the Contract Documents. It will be necessary for
-- you to execute and furnish to the City of Lubbock all such
documents within ten (10) days from your receipt of this Notice.
The five (51%) percent bid security submitted with your
proposal will be returned upon the execution of such Contract
Documents and bonds within the above specified ten (10) day
period. In the event you should fail to execute and furnish such
Contract Documents and bonds within the time limit specified said
bid security will be retained by the City of Lubbock.
CITY OF LUBBOCK
Owner's Representative
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