HomeMy WebLinkAboutResolution - 3355 - Contract - UCA Inc - Water & Sewer Lines Installation, Franklin Estates Area - 04_12_1990(HW:js
RESOLUTION
Resolution # 3355
Item #42
April 12,1.990
BID #10604
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 Utility Contractors of America, Inc. for the
Franklin Estates Area installation of water and sewer lines for Community
Development, 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 12th day of April , 1990.
B. C. McMI N, MAYOR
!ATTEST:
anette Boyd, City Secretary
APPROVED AS TO CONTENT:
Gene Eads, Purch sing Manager
(APPROVED AS TO FORM:
I
�Haro d Willard, Assistant City
Attorney
CITY OF LUBBOCK
SPECIFICATIONS
FOR
FRANKLIN ESTATES AREA INSTALLATION
OF WATER & SEWER LINES
BID # 10604
CITY OF LUBBOCK
Lubbock, Texas 32.-/'3A
MAILED TO VENDOR: 3-21-90
CLOSE: 3-28-90 2:00 P.M.
BID # 10604
ADDENDUM # 1
PLEASE MODIFY OR AMEND CONTRACT DOCUMENTS AS FOLLOWS:
1. The contractor will be responsible for furnishing and
installing all material, labor, and equipment for making the 8" x
6" tap, also a City representative must be on site at the time
the tap is being made.
2. There will be a low pressure air test for the section of
D.I. sewer pipe crossing under the Idalou Road (Hwy 62-82). The
air testing shall conform to the requirements of the latest
revision of ASTM-C828 Standard Practice for Low Pressure Air
Testing for sewer lines.
3. No encasement is required for this project. The bored
tunnel will be required to accommodate the 8" D.I. pipe. The)
annular space between the outside of the pipe and tunnel wall-
shall be filled with concrete grout to insure complete filling of
the void space. Refer to Details of Construction for Sewer
® Installation, Paragraph 2.11.
T K YqU,
CITY OF L PBOCiK
PURCHASING OFFICE
PLEASE RETURN ONE COPY WITH YOUR BID
CITY OF LUBBOCK
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SPECIFICATIONS
FOR
TITLE: FRANKLIN ESTATES AREA INSTALLATION OF
WATER & SEWER LINES RENOVATION
ADDRESS: FRANKLIN ESTATES NEIGHBORHOOD
CDWO: 3113-599318-0001
BID NO.: 10604
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
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INDEX
1.
NOTICE TO BIDDERS
2.
INFORMATION FOR BIDDERS
3.
BID PROPOSAL - BID FOR LUMP SUM CONTRACTS
4.
BID PROPOSAL - BID FOR UNIT PRICE
5.
PAYMENT BOND (FOR CONTRACTS IN EXCESS OF $25,000)
6.
PERFORMANCE BOND (FOR CONTRACTS IN EXCESS OF $25,000)
7.
CERTIFICATE OF INSURANCE
B.
HUD CERTIFICATIONS
9.
CONTRACT
10.
GENERAL CONDITIONS OF THE AGREEMENT
11.
EXHIBITS
A. Copeland Anti -Kickback Regulations
B. Current Waae Determinations
12.
SPECIAL CONDITIONS OF THE AGREEMENT
-13.
SPECIFICATIONS (TO BE PROVIDED BY ENGINEERS)
14.
SPECIAL CONDITIONS (TO BE PROVIDED BY ENGINEERS)
15.
NOTICE OF ACCEPTANCE
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No Text
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NOTICE TO BIDDERS
CDWO 3113-599318-0001
COMMUNITY DEVELOPMENT BLOCK GRANT
CITY OF LUBBOCK
BID # 10604
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 28th day of March, 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:
FRANKLIN ESTATES AREA INSTALLATION OF WATER AND SEWER LINES.
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 March 19, 1990 at 10:00
o'clock a.m., Committee Room 103, Municipal Building, 16.25 13th
Street.
CITY OF LUBBOCK, TEXAS
BY: e e Eads, C.P.M.
Purchasing Manager.
CERTIFICATION IN COMPLIANCE WITH
SECTION 109 OF PUB. L. 100-202
REGARDING RESTRICTIONS ON THE AWARD
OF CERTAIN CONTRACTS AND SUBCONTRACTS
TO FOREIGN COUNTRIES
(a) Definitions. The definitions pertaining to this provision are
those that are set forth in the clause entitled "Restrictions on
Public Works Projects."
(b) Certification. Except as provided in paragraph (c) of this
provision, by submission of its bid or proposal, the bidder
certifies that it -
(1) Is not a Contractor of a foreign country included on the
list of countries that discriminate against U.S. firms
published by the Office of the United States Trade
Representative (USTR) (see paragraph (h) of this provision);
(2) Has not or will not enter into any subcontract with a
subcontractor of a foreign country included on the list of
countries that discriminate against U.S. firms published by
the USTR; and
(3) Will not provide any product of a country included on the
list of foreign countries that discriminate against U.S.
firms published by the USTR.
(c) Inability to certify. A bidder unable to certify in accordance
with paragraph (b) of this provision shall submit with its offer
a written explanation fully describing_ the reasons for its
inability to make the certification.
(d) Applicability of 18 U.S.C. 1001. The certification in paragraph
(b) of this provision concerns a matter within the jurisdiction
of an agency of the United States, and the making of a false,
fictitious, or fraudulent certification may render the maker
subject to prosecution under Title 18, U.S.C. 1001.
(e) Notice. The bidder shall provide immediate written notice to the
Contracting Officer if, at any time before the contract award,
the bidder learns that its certification was erroneous when
submitted or has become erroneous by reason of changed
circumstances.
(f) Restrictions on contract award. Unless a waiver to these
restrictions is granted by the Secretary of Housing and Urban
Development, no contract will be awarded to a bidder (1) who is
owned or controlled by a citizen or national of a foreign country
included on the list of foreign countries that discriminate
against U.S. firms published by the USTR, (2) whose subcon-
tractors are owned or'controlled by citizens or nationals of a
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.
(Seal if Bidder is a Corporation)
ATT T:
Secretary
0
r
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Restrictions on Public Buildings and Public Works Projects
(a) Definitions.
"Component," as used in this clause, means those articles,
materials, and supplies incorporated directly into the product.
"Contractor or subcontractor of a foreign country," as used in
this clause, means any Contractor or subcontractor that is a
citizen or national of a foreign country or is controlled
directly or indirectly by citizens or nationals of a foreign
country. A contractor or subcontractor shall be considered to be
a citizen or national of a foreign country, or controlled
directly or indirectly by citizens or nationals of a foreign
country -
(1) If 50 percent or more of the Contractor or sub-
contractor is owned by a citizen or national of the
foreign country;
(2) If the title to 50 percent or more of the stock of the
Contractor or subcontractor is held subject to trust or
fiduciary obligation in favor of citizens or nationals
of the foreign country.
(3) If 50 percent or more of the voting power in the
Contractor or subcontractor is vested in or exercisable
on behalf of a citizen or national of the foreign
country;
(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
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INFORMATION FOR BIDDERS
1. Receipt and Opening of Bids
The City of Lubbock (herein called the "Owner"), invites bids
�-- on the form attached hereto, all blanks of which must be
appropriately filled in. Bids will be received by the Owner
at the office of Gene Eads, Purchasing Manager, City of
�v
Lubbock, Texas until 2:00 o'clock p.m., on the 28th day of
March, 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 LO4), Lubbock, Texas 79401
and designated as Bid for FRANKLIN ESTATES AREA INSTALLATION
OF WATER AND SEWER LINES.
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.
4. Telegraphic Modification
Any bidder may modify his bid by telegraphic communication
at any time prior to the scheduled closing time for receipt
of bids, provided such telegraphic communication is received by the Owner prior to the closing time and, provided
further, the Owner is satisfied that a written confirmation
of the telegraphic modification over the signature of the
bidder was mailed prior to the closing time. The telegra-
phic communication should not reveal the bid price but
should provide the addition or subtraction or other modi-
fication so that the final prices or terms will not be known
by the Owner until the sealed bid is opened. If written
confirmation is not received within two (2) days from the
closing time, no consideration will -be given to the tele-
graphic modification.
5. Qualifications of Bidder
The Owner may make such investigations as he deems necessary
to determine the ability of the bidder to perform the work,
and the bidder shall furnish to the Owner all such informa-
tion and data for this purpose as the Owner may request.
The Owner reserves the right to reject any bid if the
evidence submitted by, or investigation of, such bidder
fails to satisfy the Owner that such bidder is properly
qualified to carry out the obligations of the Contract and
to complete the work contemplated therein. Conditional bids
will not be accepted. Bidder must be acceptable to the
Owner after verification by the HUD Area Office of the
bidder's current eligibility status. -
6. Bid Security
Each bid must be accompanied by cash, certified check of the
bidder or a bid bond duly executed by the bidder and issued
by a surety company approved by the Owner, in the amount of
5% of the bid. Such cash, checks or bid bonds will be
returned to all except the three lowest bidders within three
(3) days after the opening of bids, and the remaining cash,
checks or bid bonds will be returned promptly after the
Owner and the accepted bidder have executed the Contract,
or, if no award has been made within thirty (30) days after
the date of the opening of bids, upon demand of the bidder
at any time thereafter, so long as he has not been notified
of the acceptance of his bid.
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.
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 (60) sixty calendar days
thereafter. Bidder must agree also to pay as liquidated
>. damages the sum of $100.00 (One Hundred dollars) for -each
consecutive calendar day thereafter in which the project is
not fully completed.
8. Conditions of Work
Each bidder must inform himself fully of the conditions
�- relating to the construction of the project and the
employment of labor thereon. Failure to do so will not
relieve a successful bidder of his obligation to furnish all
material and labor necessary to carry out the provisions of
his Contract. Insofar as possible the Contractor, in
carrying out his work must employ such methods or means as
will not cause any interruption of or interference with the
work of any other contractor.
9. Addenda and Interpretations
No interpretation of the meaning of the plans, specifications
or other pre -bid documents will be made to any bidder orally.
Every request for such interpretation should be in writing
and addressed to Gene Eads, C.P.M., Purchasing Manager
at P.O. Box 2000 Lubbock TX 79457
and to be given consideration must be received at least five
(5) days prior to the date fixed for the opening of bids.
Any and all such interpretations and any supplemental
instruction will be in the form of written addenda to the
specifications which, if issued, will be mailed by certified
mail with return receipt requested to all prospective
bidders (at the respective addresses furnished for such
purposes), not later than three (3) days prior to the date
fixed for the opening of bids. Failure of any bidder to
receive any such addendum or interpretation shall not
,., - 3 -
relieve such bidder from any obligation under his bid as
submitted. All addenda so issued shall become part of the
Contract Documents.
10. Performance Bond and Payment Bond (Contract in Excess of
$25,000)
The successful bidder shall be required to furnish a
performance bond and payment bond in accordance with Article
5160, Vernon's Annotated Civil Statutes, in the amount of
100% of the total Contract price, in the event said Contract
price exceeds $25,000.00. If the contract price does not
exceed $25,000.00, the statutory bonds will not be required.
All bonds, if required, shall be submitted on the forms supplied
by the Owner, and executed by an approved Surety Company
authorized to do business in the State of Texas. end it is
further agreed that this Contract shall be in effect until such
bonds are so furnished. Said statutory bonds should be issued by
a Company carrying a current Best Rating of B or superior, as the
rating of the bond company is a factor that will be considered in
determination the lowest responsible bidder.
11. Power of Attorney
Attorneys -in -fact who sign bid bonds or contract bonds must
file with each bond a certified and effectively dated copy of
their power of attorney.
12. Notice of Special Conditions
Attention is particularly called to those parts of the Contract
Documents and specifications which deal with the following:
(a) Inspection and testing of materials.
(b) Insurance requirements.
(c) Wage rates.
13. Laws and Regulations
The bidder's attention is directed to the fact that all
applicable State laws, municipal ordinances and the rules
and regulations of all authorities having jurisdiction over
construction of the project shall apply to the Contract
throughout, and they will be deemed to be included in the
Contract the same as though herein written out in full.
14. Obligation of Bidder
At the time of the opening of bids, each bidder will be
presumed to have inspected the site and to have read and to
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.
a 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
-� - m-ethods 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
Contractor. The City reserves the right, after the bids
have been opened and before the Contract has been awarded,
to require of a bidder the following information:
(a) The experience record of the bidder, showing completed
jobs of a similar nature to the one covered by the
proposed Contract and all work in progress, with bond
amounts and percentage of work completed.
(b) A sworn statement of the current financial condition of
the bidder.
(c) An equipment schedule.
18. Protection of Subsurface Lines and Structures
It shall be the Contractor's responsibility to prosecute the
work contemplated by the Contract Documents in such a way as
to exercise due care to locate and prevent damage to all
underground pipelines, utility lines, conduits or other
underground structures which might or could be damaged by
Contractor during the construction of the project contem-
plated by these Contract Documents. The City of Lubbock
agrees that it will furnish Contractor with information as
to the location of all such underground lines and utilities
of which it has knowledge. However, such fact shall not
relieve the Contractor of his responsibilities aforemen-
tioned. All such underground lines or structures cut or
damaged by Contractor during the prosecution of the work
contemplated by this Contract shall be repaired immediately
by the Contractor to the satisfaction of the City of
Lubbock, Texas, at Contractor's expense.
19. Contractor's Representative
The successful bidder shall be required to have a respon-
sible local representative available at all times while the
work is in progress under this Contract. The successful
bidder shall be required to furnish the name, address and
telephone number where such local representative may be
reached during the time that the work contemplated by this,
Contract is in progress.
20. Provisions Concerning Escalator Clauses
Proposals submitted -containing any conditions which provide
for changes in the stated bid price due to increases in the
r cost of materials, labor or other items required for the
project will be rejected and returned to the bidder without
being considered.
r-
r•,
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..o
BID PROPOSAL - BID FOR UNIT PRICE
P---q
r-
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IL
Proposal of
called "Bidder")
BID PROPOSAL
BID FOR UNIT PRICE /
PLACE
DATE
ROJECT NO. &1. t4--
thereinafter
To the Honorable Mayor and City Council .
City of Lubbock, Texas (hereinafter called "Owner")
Gentlemen:
The Bidder, in coknpliance wit our n�{itatio fpr bid for
the c4pns[tructiRQn�£f�
fcti1F1� t Kc 3
having carefully examined the plans, specifications, instructions
to bidders, notice to bidders and all other related Contract
Documents and the site of the proposed work, and being familiar
with all of the conditions surrounding the construction of the
proposed project, including the availability of materials and,
labor, hereby proposes to furnish all labor, materials, and
supplies, and to construct the project in accordance with the
plans, specifications and Contract Documents, within the time set
forth therein and at the prices stated in Exhibit "A".
The Bidder binds himself on acceptance -of his proposal to
execute a Contract and any required bonds, according to the
accompanying forms, for performing and completing the said work
within the time stated and for the prices stated in Exhibit "A"
of *this. proposal.
Bidder hereby agrees to commence the work on the above
project on or before a date to be specified in a written "Notice
to Proceed" of the Owner and to fully complete the project within
60 consecutive calendar days thereafter, .as stipulated in
the specifications and other Contract Documents. Bidder hereby,
further agrees to pay to Owner as liquidated damages the sum of
$ 100 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 this proposal -is a`Cashier's Check or Certi
Pied Check for Wig, 2L--- Dollars
($ —�-o a Proposal Bond in the sum of
Dollars ($ --j,
which it is agreed shall be collected and retained by -the Owner
as liquidated damages in the event the proposal is accepted by
the Owner and the undersigned fails to execute the necessary
Contract Documents and the required bonds (if any) within ten
(10) days after the date of receipt of written notification of
acceptance of said proposal; otherwise, said check or bond shall
be returned to the undersigned upon demand.
Bidder understands and agrees that the Contract to be
executed by Bidder shall be bound and include all Contract
Documents made available to him for his inspection in accordance
with the Notice to Bidders.
(Seal if Bidder is a Corporation)
ATT T:
C
Secretary
i
= EXHIBIT A, PAGE 1
BID PROPOSAL
BID FOR UNIT PRICE CONTRACTS
Item Quantities Total
No. & Units Description of Item & Unit Price Amount
---------------------------------------------------------------------------------
1. 130 L.F. 6" approved D.I. water pipe furnished and
installed including fittings and embedment,
complete in place, per linear foot:
Sri 7�JfFj� DOLLARS ( $ 0 )
✓2'c CENTS $� If!i
2. 210 L.F. Bored tunnel, including 8" approved D.I. sewer
pipe, furnished and installed and other labor
and materials required for complete installa-
tion in place, per linear foot;
m
S�>C�y mix DOLLARS
AM CENTS 0 al
3. 165 L.F. 8" approved D.I. sewer pipe, including embed-
ment furnished and installed complete in place,
(14' - 16') cuts, per linear foot;
DOLLARS
SO
50 CENTS
4. 80 L.F. 8" Approved D.I. sewer pipe, including embedment
furnished and installed complete in place
(12' - 14') cuts, per linear foot;
�o
tc.£t�y �lG+lF• DOLLARS ($� }
-!> CENTS $,
a
EXHIBIT A, PAGE 2
.BID PROPOSAL
BID FOR UNIT PRICE CONTRACTS
Item Quantities Total
No. & Units Description of Item & Unit Price Amount
--------------------------------------------------------------------------------
5. 2 Each Standard manhole, 4' deep, complete in place,
per each;; /
DOLLARS ( $ 850 )
fU0 CENTS $ /
6. 20 Vert. Extra vertical feet of standard manhole, com-
Ft. plete in place, per vertical foot;
Si,c� five DOLLARS
h10, CENTS $
7. 1 Each 8" x 6" Tapping Sleeve and Valve and Valve
Box
DOLLARS ($ ire � )
c
�- CENTS $ /d8�
�0
TOTAL BID (Items 1 through 7) $� % ?41
ThcTrinkty
'Compnies
Dallas, Texas
Trinity Universal Insurance Co.
Security National Insurance Co.
Trinity Universal Insurance Co.
of Kansas, Inc.
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we
as Principal, hereinafter called the Principal, and Utility Contractors of America, Inc.
,as
Surety, hereinafter called the Surety, are held and firmly bound unto City of Lubbock, Tx
as Obligee, hereinafter called the Obligee, in the sum of 5% Of highest bid
Dollars ($ ), 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 130, 611 DI Water 210' Bored Tunnel
245' 8" DI Sewer
NOW THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified
-- in the bid, enter into a contract in writing and give bond with good and sufficient surety, 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.
PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the
final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has
been firmly committed to cover the entire cost of the project.
Signed and sealed this 28thday of March 19 90
(Witness)
i
SEXzj SL:AL ; SEAL:=
«w•
S 618 (5 87)
Utility Contractors of America, Inc.
rincipal)
By: l AO?he�—X—
(Seal)
4-
(Title)
Security National Insurance Company
urety
By
Iva Rob ers�Atorney-in-Fact)
il.
%
INM'UNIVEASAL",-r^+
COMMMES
low-
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PAYMENT POND
(This page left blank intentionally)
riRiJJVM UN-JXrEPtSAL Trinity Universal Insurance Co. TEXAS STATUTORY
INSURANCE COMPANIES Security National Insurance Co. PAYMENT BOND
,,� Trinity Universal Insurance Co. (Public Works)
of Kansas, Inc.
BOND CHECK
BEST RATING �Jff
LICENSED IN T EXAS
KNOW ALL MEN 8Y THESE PRESENTS: DATE�BY
THAT, Utility Contractors of America, Inc.
5520 Brownfield Hwy, Lubbock, Tx 79407
(hereinafter called the Principal), as principal, and Security National Insurance Company
10,000 N Central Expressway, Dallas, Tx 75231a corporation organized and existing under the laws of
the State of Texas , licensed to do business- in the State of Texas and
admitted to write bonds qqs suretyy, hereinafter polled the Surety), are held and firmly bound unto
City of Lubbock, `1625 1M t Rm L-0., Lubbock, ZYx 79401.
(h reinafter called the Obl!'gee), in the amount of
enty seven thousand eight hundred six y. wo dollars an 50 100-------------------Dollars)
($ 4 ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs,
administrators, executors, successors, and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain contract with the Obligee, dated the 24th
day of April 19 90 for Franklin Estates Area Installation.of Water
and Sewer Lines_ Lubbock. Lubbock Co._ Texas
which contract is hereby referred to and made a part hereof as fully and to the some 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 null and void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160of the Re-
vised Civil Statutes of Texas and all liabilities on this bond shall be determined in accordance with the pro—
visions, conditions and limitations of said Article to the some extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 24t
day of April
nmm�
S'l IHS�y
ad�awaury
JA �• ::...ty ��ni�ry
amurmun
dU� .;
a
€iSEaz
SEAL,_
; SEAL
t
lk
Princip Utility. Contractors of America, Inc
By:
Surety: Security National Insurance Company
By: Iva Roberson ATTORNEY -IN -FACT
`-3562(9/69)
No Text
No Text
(This page left blank intentionally)
TEXASSTATUTORY
—, rrPNYFY UNIVERSAL Trinity Universal Insurance Co. PERFORMANCE BOND
INSURANCE COMPANIES
.as �Tew�s
Security National Insurance Co. (Public Works)
Trinity Universal Insurance Co.
of Kansas, Inc.
BOND CHECK
BEST RATING, _
LICENSED IN TEXAS
KNOW ALL MEN BY THESE PRESENTS: DATE 46�1j,By
THAT, Utility Contractors of America, Inc.
Brownileia Rwy, LubbocK, Tx
(hereinafter called the Princi al , as rincipal, and Security National Insurance Company
10,000 N Central Ex]res swa�, Dallas, Tx 75231a corporation organized and existing under the -laws .
of the State of Texas , licensed to do business in thel State of Texas
and admitted to write bonds, as surety, (hereinafter called the Surety) are held and firmly bound unto
City of Lubbock, 1'625 13th St Rm L-04, Lubbock, Tx 79�+d1
(hereinafter called the Obligee) in the amount of
Twenty seven thousand eigfii hundred sixty two dollars an --------------------
(Dollars)
($ ?7, ?•50 ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs,
administrators, executors, successors, and assigns, jointly and severally, firmly by these presents.
W ER AS the Principal has enter into a cert� in tra wit the Oblia.e e dc�tgd the24th
day of pri� 19 0 for Franrkaiin Vstates Area lns�tallation o Water
and Sewer Lines, Tubbock, ubf_ock Co, 'Texas
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 documents, than this
obligation shall be null and 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 pro-
visions, conditions and limitations of said Article to the some extent as if it were copies at length herein.
^ 24th
INApl�1LJESS WHEREOF, the said Priy&ipal and Surety have signed and sealed this instrument this
day of , 19
Utility Contractors of America, Inc
PrincpaA 2'
7
By:
ells*
0.5A�1 `V9
Nd,Nuulgk
yrCHµ iwl�?*ii���0a'�ln�lgyrry
iSEA:L}4.
SEAT.
�G
1 AR
^y..
iq,�N/g111N11,11U4'\`. - N��IN11yry/p{p��""`
Security National Insurance Company
Surety:
By: Iva Roberson ATTORNEY -IN -FACT
S-3561I9/69)
:.'STY UNI�F AL
"8 4
COMPANY,,each,c a.,,..Iexas
'
rpo'oin, in pursua ce, I of
stda , of March,, f and
personss be and fhey are hereby
such, perai< or
and appoinfm� each such ;
full force '6'66' has" not ,keen:
Itorney' - is, 0i : lf� in full fo . m 6
rporation.-,�, d
ifi9
CERTIFICATE OF INSURANCE
(This page left blank intentionally)
ISSUE DATE
A�;�0iar' CERTIFICATE OF INSUIUNCE
PRODUCER
Alan Henry Ins. Agency
P.O. Box 2399
Lubbock, Tx. 79408-2399
2-20-90
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
COMPANIES AFFORDING COVERAGE
COMPA
CODE SUB -CODE NY A
LETTER Western Alliance Ins. Co.
COMPANY 13
INSURED LETTER American Guardian Ins. Underwriters
Utility Contractors of America, etal LETTERNY C
5520 Brownfield highway COMPA
Lubbock, Tx. 79407 LETTERNY D
COMPANY E
LETTER
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
IfIDICATED, NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CF.RTIFfCATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY 1HE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
FY.CI.USIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
r0 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS
iR DATE (MM/DDfYY) DATE (MM/DD/YY)
GEIIERAL LIABILITY GENERAL AGGREGATE S 1,000,
A x GENERAL LIA131LITY PRODUCTS•COMP/OPS AGGREGATE S ], , 000 ,
CLAI!4S r.IADE X OCCUR. TCX216021 2/28/90 2/28/91. PERSONAL d ADVERTISING INJURY S 500,
��;•/tIFR i P. (-.0N.IRA1:T0FI % PROF EACH OCCURRENCE S 500
A AUTOMOBILE LIABILITY
X ANY AUTO TAX 355411
ALL OWNED AUTOS
SCTIFrmLF.n AUTOS
x NIrim AUTO;
X I)0fI.OW1`IF0 AUTOS
GARAGE LIABILITY
EXCESS LIABILITY
A x Umbrella CU344029
OIHEFT THAN UMRRFLLA FORM
WORXER S COMPENSATION
B AND 16044880354•
EMPLOYERS' LIABILITY
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
CERTIFICATE HOLDER
City of Lubbock
P.O. Box 2000
Lubbock, Tx. 79457
ACORD 25•S (3/88)
2/28/90 2/28/91
2/28/90 2/28/9).
9/5/89 9/5/90
,
FIRE DAMAGE (Any one fire) S
50,
MEDICAL EXPENSE (Any one person) S
51
COMBINED
SINGLE S
LIMIT 1,000,
RODILV
INJURY S
(Per person)
BODILY
INJURY S
(Per eccldenl)
PROPERTY S
DAMAGE
EACH AGGREGATE
OCCURRENCE
S1,000, ,S 1.,000,
STATUTORY
S 500,
(EACH ACCIDENT)
S 500,
(DISEASE —POLICY LIMIT)
S 500,
(DISEASE —EACH EMPLOYEE'
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
PACORD CORPORATION 1988
HUD CERTIFICATIONS
SECTION 3/STATEMENT OF WORK FORCE NEEDS
(IN EXCESS OF $10,000)
(This page left blank intentionally)
U.S. Department o1 Housing f191%�
and Urban Development
Supplement to the
PP Public and
General Conditions of the Indian Housing
Contract for Construction
Article 1 — Labor Standards
Applicability
The Project or Program to which the construction work covered
by this contract pertains is being assisted by the United States
of America and the following Federal Labor Standards Provisions
am 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)()v); also, regular contributions made or
costs incurred for more than a weekly period (but not less often
than quarterly) under plans, funds, or programs, which cover the
particular weekly period, are deemed to be constructively made
or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate
wage rate and fringe benefits on the wage determination for the
classification of work actually performed, without regard to skill,
except as provided in 29 CFR Part 5.5(a)(4). Laborers or
mechanics performing work in more than one classification may
be compensated at the rate specified for each classification for
the time actually worked therein: Provided, That the employer's
payroll records accurately set forth the time spent in each
classification in which work is performed. The wage determina-
tion (including any additional classification and wage rates con.
formed under 29 CFR Part 5.5(a)(1)(ii) and the Davis -Bacon poster
(WH-1321) shall be posted at all times by the contractor and its
subcontractors at the site of the work in a prominent and ac.
cessible place where it can be easily seen by the workers.
(Ilia) Any class of laborers or mechanics which is not
listed in the wage determination and which is to be employed
under the contract shall be classified in conformance with the
wage determination. HUD shall approve an additional classifica-
tion and wage rate and fringe benefits therefore only when the
following criteria have been met:
(1) The work to be performed by the classification
requested is not performed by a classification in the wage deter-
mination; and
(2) The classification is utilized in the area by the
construction industry; and
(3) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the wage rates
contained in the wage determination.
(b) If the contractor and the laborers and mechanics to
be employed in the classification (if known), or their represen-
tatives, and HUD or its designee agree on the classification and
wage rate (including the amount designated for fringe benefits
where appropriate), a report of the action taken shall be sent by
HUD or its designee to the Administrator of the Wage and Hour
Division, Employment Standards Administration, U.S. Department
of Labor, Washington, D.C. 20210, The Administrator, or an
authorized representative, will approve, modify, or disapprove
every additional classification action within 30 days of receipt
and so advise HUD or its designee or will notify HUD or its
designee within the 30-day period that additional time is
necesssary. (Approved by the Office of Management and Budget
under OMB Control Number 1215.0140.)
(c) in the event the contractor, the laborers or mechanics
to be employed in the classification or their representatives, and
HUD or its designee do not agree on the proposed classification
and wage rate (including the amount designated for fringe benefits,
where appropriate), HUD or its designee shall refer the questions,
including the views of all interested parties and the recommenda-
tion of HUD or its designee, to the Administrator for determination.
The Administrator, or an authorized representative, will issue a
determination within 30 days of receipt and so advise HUD or its
designee or will notify HUD or its designee within the 30-day period
that additional time is necessary. (Approved by the Office of
Management and Budget under OMB Control Number 1215.0140.)
(d) The wage rate (including fringe benefits where ap-
propriate) determined pursuant to subparagraphs A.1.(ii)(b) or (c) of
this paragraph, shalt be paid to all workers performing work in the
classification under this contract from the first day on which work
is performed in the classification.
(111) Whenever the minimum wage rate prescribed in the con-
tract for a class of laborers or mechanics includes a fringe benefit
which is not expressed as an hourly rate, the contractor shall either
pay the benefit as stated in the wage determination or shall pay
another bona fide fringe benefit or an hourly cash equivalent
thereof.
(iv) If the contractor does not make payments to a trustee or
other third person, the contractor may consider as part of the
wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits under
a plan or program, Provided, that the Secretary of Labor has found,
upon the written request of the contractor, that the applicable stan-
dards of the Davis -Bacon Act have been met. The Secretary of
Labor may require the contractor to set aside in a separate account
assets for the meeting of obligations under the plan or program.
(Approved by the Office of Management and Budget under OMB
Control Number 1215.0140.)
2. Withholding. HUD or its designee shall upon its own action
or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld from they_
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 Housing
Act of 1937 or under the Housing Act of 1949 in the construction or
development of the project), all or part of the wages required by the
contract, HUD or its 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 contrac-
tor or subcontractor to the respective employees to whom they are
due. The Comptroller General shall make such disbursements in the
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 (1-87)
H ' 8 7417:1 8 7417.1 REV-1
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 nations! origin.
State or Iota! government, the above equal opportunity clause is ej%:
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
ment or other contract or understanding a notice to be provided
contract. _ j •., •:..
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. ' r•? ""'�:
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 and
federally assisted construction contracts pursuant to the Executive
F. In the event of the Contractor's noncompliance with the :.;:
order and will carry out such sanctions and penalties for violation...-.
nondiscrimination clauses of this contract with any of the _
:•
of the equal opportunity clause as may be imposed upon contrac- ::
said rules, regulations, or orders, this contract may be canceled,
tors and subcontractors the administering agency or the
.,terminated, or suspended in whole or in part and the Contractor
n
Secretary of Labor pursuant Part Subpart D of the Executive -.
may be declared ineligible for further government contracts or
order. In addition, the applicant
t agrees that if it fails or refuses to
federally assisted construction contracts in accordance with pro.
' comply with these undertakings, the administering agency may take
cedures authorized in Executive Order 11246 of September 24,
any or all of the following actions: Cancel, terminate, or suspend in:
1965, and such other sanctions may be imposed and remedies
whole or in part this grant (contract, loan, insurance, guarantee);i:
invoked as provided in Executive Order 11246 of September 240
refrain from extending any further assistance to the applicant under
.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 taw.
until satisfactory assurance of future compliance has been received
G. The Contractor will include the portion of the sentence im-
from such applicant; and refer the case to the Department of.:;
medlately preceding paragraph A and the provisions of
n
;.'Justice for appropriate legal proceedings. `-• s' '=� �+
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- . r
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, iltigation 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 :o
the interests of the United States. :...:.`•' .t.:._:='_'• • :....
_
_ 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 tc
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 ;
.�••' s; :,' r j;;n.: `` - nonmetropolitan county) as the project. �;." ,.,•
_^,
.r�'
• li�J"�' 'ti.'i, r.� t!er u :r!' ea i
*+t.. ,, 7. 1 b. *.,`' =:pr ! ri .�.1.
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'ia,� .; , f.-a �`Er' t:" •"',` ... ::'i^3NJ"jai: ,91.. `'�:i,;�}f�(S't irf• .i'i1J:.'W
' 74 +...'.-1 xt"' I .' _,;..j i rl.t C'lii i! t S '.!�, `•r ;};•.Si
:#{tyu)%U-
r�it
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a/ ti r � '.1 ii•r. ti_•ti3{"av iir'r t ifurt,n Si ,ra .�L
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•il. ."1. ,J• . i:.:,
_. _.. Page 4 of 4 Pages
x
CONTRACTOR INFORMATION
TO: City of Lubbock DATE:
P.O. Box 2000
Lubbock, Texas 79457 PROJECT NUMBER
CDWO:
PROJECT NAME:
..- 1. The undersigned, having submitted a bid to the City of.
Lubbock for the construction of the above identified
project, certifies that:
(a) The legal,name and business address (including zip
erode) of,., undersigned is:
2. The undersigned is:
(a) A single proprietorship (list sole owner)
(b) A partnership (list all partners)
(c) A corporation (names of all principals and their
titles)
President:
Vice -President:
Secretary -Treasurer:
3. The Taxpayer Identification Number for the undersigned is
(whichever is applicable):
(a) Employer Identification Number (Federal Identification
Number):
(b) Social Securi--ty Number:
4. If awarded the bid for the aforementioned project, the
undersigned agrees to forward to the City of Lubbock within —
ten days after the execution of any subcontractor(s) a list
of all subcontractors who will be employed on said project.
This list will consist of the subcontractor's legal name and
business address.
Contractor
Date
BY:
PRELIMINARY STATEMENT OF WORK FORCE NEEDS
CONTRACTOR'S NAME NATURE OF CONTRACT
ADDRESS AMOUNT OF CONTRACT
ANTICIPATED OCCUPATIONAL ANTICIPATED NUMBER OF ANTICIPATED NUMBER OF
CATEGORIES TO BE UTILIZED NON -TRAINEE POSITIONS TRAINEE POSITIONS
This form is to be completed by all contractors prior to signing any contract.
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CONTRACT
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CONTRACT
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT, made and entered into this 12th day of
April , 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 Utility.Contractors of
Amarina, Tn-
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 # 10604 - FRANKLIN ESTATES AREA INSTALLATION OF WATER & SEWER LINES
FOR THE AMOUNT OF $27,862.500.
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,
specified
in the Contract Documents.
The
OWNER agrees to pay the CONTRACTOR in
current funds for
the performance
of the Contract in accordance
with the proposal
submitted
therefor, subject to additions and
deductions, as
provided
in the Contract Documents, and to make
payment on
,.,
account thereof
as provided therein.
IN WITNESS WHEREOF, the parties to these presents have
executed this contract in six (6) counterparts, each of which
shall be deemed an original, in the year and day first above -
mentioned..
A TEST;
Ci y Secretary
APPROV A TO ONT.ENT:
'1 �. 1 1•
lvolwzi
PF - —
AT T T:
f.
Secretary
CITY OF LUBBOCK, TEXAS
Mayor
Utility Contractors of America,. Inc.
COMPLETE ADDRESS
5520 Brownfield Highway
Lubbock, Texas .79407
A -
GENERAL CONDITIONS OF THE AGREEMENT
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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
8. 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.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
65.
66.
67.
68.
69.
70.
71.
72.
73.
74.
Overtime Compensation Required by Contract Work Hours and
Safety Standards Act (76 Stat. 357-360: Title 40 U.S.C.,
Sections 327-332)
Employment of Apprentices/Trainees
Employment of Certain Persons Prohibited
Regulations Pursuant to So -Called "Anti -Kickback Act"
Complaints, Proceedings or Testimony by Employees
Claims and Disputes Pertaining to Wage Rates
Questions Concerning Certain Federal Statutes and Regu-
lations
Final Completion and Acceptance
Final Payment
Correction of Work Before Final Payment for Work
Correction of Work After Final Payment
Payment Withheld
Delayed Payment
Time of Filing Claims
Arbitration
Abandonment by Contractor
Abandonment by Owner
Losses from Natural Causes
Independent Contractor
Cleaning Up
Contractor's Right to Terminate
Right of the Owner to Terminate Contract
Breach of Foregoing Federal Labor Standards Provisions
Interest or Member of or Delegate to Congress
Other Prohibited Interests
75. Special Equal Opportunity Provisions
76. Certification of`Compliance with Air and Water Acts
77. Special Conditions Pertaining to Hazards Safety Standards
and Accident Prevention
78. Nondiscrimination against the handicapped (Sec. 504) -.-
GENERAL CONDITIONS OF THE AGREEMENT
1. OWNER
Whenever the word "Owner", or the expression "Party of the
t.F rst �,ar.t'!.,..Ar•..'!.F�,r-s.t..P.ar.tyI-,_..ar..e...use_d..in..,this...Contract, ..they
shall be understood as referring to the City of Lubbock, Texas.
2. CONTRACTOR
Whenever the word "Contractor", or the expression "Party of
the Second Part", or "Second Party", are used, they shall be
understood to mean the person, persons, co -partnership or
corporation, to -wit:
UTILITY CONTRACTORS OF AMERICA, 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. _
y b. Owner has designated WILLIE WATSON,' CITY WATER ENGINEER,
WATER UTILITIES
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-
ment, Exhibits A and B to the General Conditions, Special
Conditions of the Agreement (if any), Specifications, Drawings,
Insurance Certificate and all other documents made available to
Bidder for his inspection in accordance with the Notice to
Bidders, as well as all Addenda issued prior to the Lrxecution of
the Signed Agreement, and all Modifications, such as Change
Orders, written interpretations and written orders for minor
changes in the work which are issued by the Architect as
hereinafter authorized. The intent of the Contract Documents is
to include all items necessary for the proper execution and
completion of the work. The Contract Documents are complemen-
tary, and what is required by any one shall be as binding as if
required by all. Work not covered in the Contract Documents will
not be required unless it is consistent therewith and reasonably
inferable therefrom..as being.necessary-to produce the intended
results.
In the event Special Conditions are contained herein as part
of the Contract Documents and -said -Special. -Conditions conflict --
with any of the General Conditions contained in this Contract,
then in such event the Special Conditions shall control.
The Contract Documents shall not be construed to create any
contractual relationship of any kind between the Architect and
the Contractor...
5. INTERPRETATION OF SPECIFICATIONS OR DRAWINGS
Whenever in the Specifications or Drawings accompanying this
Agreement the terms of description of various qualities relative
to finish, workmanship or other qualities of similar kind which
r cannot, from their nature, be specifically and clearly described
and specified, but are necessarily described -in general terms,
the fulfillment of which must depend on individual judgment,
then, in all such cases, any question of the fulfillment of said
Specifications or Drawings shall be decided by the Architect, and
said work shall be done in accordance with his interpretations of
the meaning of the words, terms or clauses defining the charac-
ter of the work.
6. SUBCONTRACTOR
A subcontractor is a person or entity who has a direct
contract with the Contractor to perform any of the work at the
site.
The Contractor may utilize the services of specialty
subcontractors on those parts of the work which, under normal
contracting practices, are performed by specialty subcontractors.
The Contractor shall not award any work to any subcontractor
without prior written approval of the Owner's Representative,
which approval will not be given until the Contractor submits to
2 -
the Owner a written statement concerning the proposed award to
the subcontractor, which statement shall contain such information
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 tc
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.
_ 3
Unless otherwise stipulated, the Contractor shall provide
and pay for all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance and all water, light, power,
fuel, transportation and all other facilities necessary for the
execution and completion of the work covered by the Contract
Documents. Unless otherwise specified, all materials shall be
new and both workmanship and materials shall be of a good
quality. The Contractor shall, if required, furnish satisfac-
tory evidence as to the kind and quality of materials. Materials
or work described in words which so applied have well known,
technical or trade meanings shall be held to refer to such
recognized standards.
All work shall be done and all materials 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 (1) nnP copies of all
Drawings, Profiles and Specifications without expense to him and
he shall keep one copy of same consistently accessible on the job.
site.
i
13. RIGHT OF ENTRY AND INSPECTION
The Architect shall at all times have access to the work
wherever it is in preparation and progress.
The Architect will make periodic visits to the site at
intervals appropriate to the state of construction to observe
the progress and quality of the executed work and to determine,
in general, if the work is proceeding in accordance with the Con-
tract Documents. He will not be required to make exhaustive or
continuous on -site inspections to check the quality or quantity
_ 4
of the work. Furthermore, the Architect will not have control or
charge of and will not be responsible for the construction means,
methods, techniques, sequences or procedures, or the safety
precautions incident thereto. His efforts will be directed
towards providing assurances for the Owner that the completed
project will conform to the requirements of the Contract Docu-
ments, but -he will not be responsible for the Contractor's
failure to perform the work in accordance with the Contract
Documents. On the basis of his on -site observations, he will
keep the Owner informed of the progress of the work and will
endeavor to protect the Owner against defects and deficiencies in
the work of the Contractor.
The authorized representative and agents of the Owner shall
be permitted to inspect all work, material, payrolls, records of
personnel, invoices of materials and other relevant data and
records.
The Owner reserves the right to perform work related to the
project with his own forces, and to award separate contracts in
connection with other portions of the project or other work on
the site of the Contract. If the Contractor claims that delay or
additional costs are involved because of such action by the
Owner, he shall make such claim as provided elsewhere in the
Contract Documents.
14. LINES AND GRADES
All lines and grades shall be furnished by the Owner's
Representative whenever necessary for the commencement of the
work contemplated by these Contract Documents or the completion
of the work contemplated by these Contract Documents. Whenever
necessary, the Contractor shall suspend his work in order to
permit the Owner's Representative to comply with this require-
ment, but such suspension will be as brief as practical and the
Contractor shall be allowed no extra compensation therefore. The
Contractor shall give the Owner's Representative ample notice of
the time and place where lines and grades will be needed. All
stakes, marks, etc., shall be carefully preserved by the Con-
tractor, and in case of careless destruction or removal by him,
his subcontractors or their employees, such stakes, marks, etc.,
shall be replaced by the Owner's Representative at the Contrac-'
tor's expense.
15. ARCHITECT'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between
the parties to this Contract that the Architect shall review all
^- work included herein.
5 -
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.
6 -
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, and lack of such supervision shall be
,- grounds for suspending operations of the Contractor. The work, -
from its commencement to completion, shall be under the exclusive
charge and control of the Contractor and all risk in connection
therewith shall be borne by the Contractor. The Owner, Owner's
Representatives or Architect will not be responsible for the acts
or omissions of the Contractor or any of his agents or employees
or any other persons performing any of the work.
The Contractor shall be responsible to the Owner for the
acts and omissions of his employees, subcontractors and their_
-- agents and employees and other persons performing any of the work
under a contract with the Contractor.
18. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by
careful examination, satisfied himself as to the nature and
location of the work, the confirmation of the ground, the
character, quality and quantity of materials to be encountered,
the character of equipment and facilities needed preliminary to
and during the prosecution of the work, and the general and local
conditions, and all other matters which in any way affect the
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
9 -
accordance with
remedial action
the Contractor's
this Contract. It is further agreed that any
contemplated as hereinabove set forth shall be at
expense.
The Contractor shall promptly correct any work rejected by
the Owner's Representative or Architect as defective or as —
failing to conform to the Contract Documents, whether observed
before or after substantial completion and whether or not
fabricated, installed or completed, and shall correct any work
found to be defective or nonconforming within a period of one
year from the date of substantial completion of the Contract, or
within such longer period of time as may be prescribed by law or
by the terms of any applicable special warranty required by the
Contract Documents. The provisions of this Section apply to work
done by subcontractors as well as to work done by direct em-
ployees of the Contractor. The Contractor shall, bear all costs
of correcting such rejected work, including compensation for the
Architect's additional services made necessary thereby.
If the Contractor fails to correct defective work as
required, or persistently fails to carry out the work in accor-
dance with the Contract Documents, the Owner's Representative, by
a written order signed personally or by an agent specifically so
empowered by the Owner in writing, may order the Contractor to
stop the work', or any portion thereof, until the cause for such
order has been eliminated; however, this right of the Owner to
stop the work shall not give rise to any duty on the part of the
Owner to exercise this right for the benefit of the Contractor or
any other person or entity.
If the Contractor defaults or neglects to carry out the work
in accordance with the Contract Documents, and fails within seven
days after receipt of written notice from the Owner's Representa-
tive or other agent to commence and continue correction of such
default or neglect with diligence and promptness, the Owner may,
after seven days following receipt by the Contractor of an
additional written notice, and without prejudice to any other
remedy he may have, make good such deficiencies. In such case,
an appropriate Change Order shall be issued deducting from the
payments then or thereafter due the Contractor the cost of
correcting such deficiencies, including compensation for the
Architect's additional services made necessary by such default,,
neglect or failure. If the payments then or thereafter due the
Contractor are not sufficient to cover such amount, the Contrac-
tor shall pay the difference to the Owner.
If, within one year after the date of substantial completion
of the work or designated portion thereof, or within one year
after acceptance by the Owner of designated equipment, or within
such longer period of time as may be prescribed by law or by the
terms of any applicable special warranty required by the Contract
Documents, any of the work is found to be defective or not in
accordance with the Contract Documents, the Contractor shall
correct it promptly after receipt of a written notice from the
- 10
Owner to do so unless the Owner has previously given the Con-
tractor a written acceptance of such condition. This obligation
shall survive termination of the Contract. The Owner shall give
such notice promptly after discovery of the defect.
24. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such
changes and alterations as the Owner may see fit, in the line,
grade, form, dimensions, plans or materials for the work herein
contemplated, or any part thereof, either before or after the
beginning of the construction, without affecting the validity of
this Contract and the accompanying bond.
If such changes or alterations diminish the quantity of the
work to be done, they shall not constitute the basis for a claim
for damages, or anticipated profits on the work that may be
dispensed with. If they increase the amount of work, and the
�- increased work can fairly be classified under the specifications,
such increase shall be paid according to the quantity actually
done and at the unit price established for such work under this
Contract; otherwise, such additional work shall be paid for as
provided under extra work. In case the Owner shall make such
changes or alterations as shall make useless any work already
done or material already furnished or used in said work, then the
Owner shall recompense the Contractor for any material or labor
so used and for any actual loss occasioned by such change due
to actual expenses incurred in preparation for the work as
r- 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
th.e Owner or Owner's Representative to be done by the Contractor
to accomplish any change, alteration or addition to the work as
shown on the plans and specifications or Contract Documents and
not covered by the Contractor's proposal, except as provided
under changes and alterations herein.
It is agreed that the Contractor shall perform all extra
work under the direction of the Architect when presented with a
written work order signed by the Owner's Representative, subject,
however, to the right of the Contractor to require written
confirmation of such extra work order by the Owner. It is also
�- agreed that the compensation to be paid to the Contractor for
performing said extra work shall be determined by one or more of
the following methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
Method (C) - If neither Method (A) or Method (B) be agreed
upon before the extra work is commenced, then
the Contractor shall be paid the actual field
cost of the work, plus fifteen (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 e.quipment, 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 100a, 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 an.y,
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
12 -
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
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
F_
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 $ 500,000
per occurrence, and $ 100,000 for property damage.
The Contractor shall obtain a Contractor's Protective
-" (Contingent) Liability Insurance policy and the amount of
said policy shall be as follows:
In an amount not less than $ 300t000 for bodily
injuries, including accidental death, to any one
person, but not less than $ 500 000 per occurrence
and in the amount of not less than 300,000 for
property damage.
Said policy shall include.:
Premises and Operations
Explosion & Collapse Hazard
Underground Damage Hazard
Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury (with exclusion "c" waived)
- 15 -
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 $ 2502000 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.
16 -
c=
(3) The name of the policy and type or types of insurance
in force thereunder on the date borne by such certi-
ficate.
(4) The expiration date of the policy and the limit or
limits of liability thereunder on the date borne by
such certificate.
(5) A statement that the insurance of the type afforded by
•the policy applies to all of the operations of whatever
character which are undertaken by the insured during
the performance of this Contract, provided such
operations are required in the performance of the
Contract.
(6) A provision that the policy may be cancelled only by
mailing written notice to the named insured at the
address shown in the bid specifications, stating when,
not less than ten (10) days thereafter, cancellation
-of such policy shall be effective.
(7) A provision that written notice shall be given to the
Owner ten (10) days prior to any change in or cancel-
lation of the policies shown on the certificate.
30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS,
MATERIALMEN, AND FURNISHERS OF MACHINERY, EQUIPMENT AND
^" SUPPLIES
The Contractor agrees that he will indemnify and save the
Owner, its officers, the Architect and their agents and employees
harmless from all claims growing out of any demands of subcon-
tractors, laborers, workmen, mechanics, materialmen and fur-
nishers of machinery and parts thereof, equipment, power tools,
all suppliers, including commissary, incurred in the furtherance
of the performance of 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.
17 -
31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The Contractor shall pay all royalties and license fees, and
shall provide for the use of any design, device, material or
process covered by letters patent or copyright by suitable legal
agreement with the Patentee or Owner thereof. The Contractor
shall defend all suits or claims for infringement of any patent
or copyrights and shall indemnify and save the Owner harmless
from any loss on account thereof, except that Owner shall defend
all such suits and claims and shall be responsible for all such
loss when a particular design, device, material or process or the
product of a particular manufacturer or manufacturers is speci-
fied or required in these Contract Documents by Owner; provided,
however, if choice of alternate design, device, material or
process is allowed to the Contractor, then Contractor -shall
indemnify and save Owner harmless from any loss on account
thereof. If the material or process specified or required by
Owner is an infringement, the Contractor shall be responsible for
such loss unless he promptly gives written notice to the Owner of
such infringement.
32. LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with
all federal, state and local laws, ordinances and regulations
which in any manner affect the Contract or the work, and shall
indemnify and save harmless the Owner against any claims arising
from the violation of any such laws, ordinances and regulations,
whether by the Contractor or his employees. If the Contractor
observes that the plans and specifications are at variance
therewith, he shall promptly notify the Architect and Owner's
Representative in writing, and any necessary changes shall be
adjusted as provided in the Contract for changes in the work. If
the Contractor performs any work knowing it to be contrary to
such laws, ordinances, rules and regulations, and without such
notice to the Owner's Representative, he shall bear all costs
arising therefrom.
The Owner is a municipal corporation of the State of Texas
and the law from which it derives its powers, insofar as the same
regulates the objects for which, or the manner in which, or the
conditions under which the Owner may enter into contracts, shall,
be controlling and shall be considered as part of this Contract
to the same effect as though embodied herein.
33. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed, by and between
the Contractor and the Owner, that the date of beginning and the
time for completion of the work as specified in the Contract are
ESSENTIAL CONDITIONS of this Contract; and it is further mutually
understood and agreed that the work embraced in this Contract
shall be commenced on a date'to be specified in the "Notice to
Proceed."
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
- 19 -
(c) To any delays of subcontractors or suppliers occasioned
by any of the causes specified in subsections (a) or
(b) of this section.
Provided further, that the Contractor shall, within ten (10)
days from the beginning of such delay, unless the Owner shall
grant a further period of time prior to the date of final
settlement of the Contract, notify the Owner's Representative, in
writing, of the causes of the delay, who shall ascertain the
facts and extent of the delay and notify the Contractor within a
reasonable time of the Owner's decision in the matter.
34. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this Contract, unless
otherwise herein specifically provided, that the Contractor shall
be allowed to prosecute his work at such time and sessions, in
such order or precedence, and in such manner as shall be most
conducive to economy of construction; provided, however, that the
order and time of prosecution shall be such that the work shall
be substantially completed as a whole and in part, in accordance
with this Contract, the plans and specifications, and within the
time of completion designated in the proposals; provided, also,
that when the Owner is having other work done, either by contract
or by his own force, the Owner's Representative may direct the
time and manner of construction work done under this Contract so
that conflicts will be avoided and the construction of the
various works being done for the Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably
be requested by the Owner's Representative or Architect, sche-
dules which shall show the order in which the Contractor pro-
poses to carry on the work, with dates at which the Contractor
will start the several parts of the work, and estimated dates of
completion of the several parts.
35. EXTENSION OF TIME
The Contractor agrees that he has submitted his proposal in
full recognition of the time required for the completion of this
project, taking into consideration the average climatic range an,d
industrial conditions prevailing in this locality, and has
considered the liquidated damage provisions of section 33
hereinabove set forth, and that he shall not be entitled to, nor
will he request, an extension of time on this Contract, except
when his work has been delayed by an act or neglect of the Owner,
Owner's Representative, the Architect, employees of the Owner or
other contractors employed by the Owner, or by changes ordered in
the work, or by strike, walk -outs, acts of God or the public
enemy, fire or flood. The Contractor may apply in writing for an
extension of time, submitting therewith all written justifica-
tions as may be required by the Owner's Representative for such
an extension. The Owner's Representative within ten (10) days
after receipt of a written request for an extension of time by
_ 20 _
the Contractor, supported by all requested documentation shall
then submit such written request to the City Council of the City
of Lubbock for its consideration. Should the Contractor disagree
with the action of the City Council, such disagreement shall be
settled by arbitration as hereinafter provided.
36. HINDRANCE AND DELAYS
«-- In executing this Agreement, the Contractor agrees that in
undertaking to complete the work within the time herein fixed, he
has taken into consideration and made allowances for all hin-
drances and delays incident to such work, whether growing out of
delays in securing material or workmen or otherwise. No charge
shall be.made by the Contractor for hindrance or delays from any
cause during the progress of any part of the work embraced in
this Contract except where the work is stopped by order of the
Owner or Owner's Representative for the Owner's convenience, in
which event such expense, as in the judgment of the Owner's
Representative is caused by such stoppage, shall be paid by Owner
to Contractor.
37. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be
allowed, but the actual measured or computed length, area, solid
*^ contents, number and weight only shall be considered, unless
otherwise specifically provided.
In the event this Contract is let on a unit price basis,
then Owner and Contractor agree that this Contract, including the
specifications, drawings and other Contract Documents are
intended to show clearly all work to be done and material to be
furnished hereunder. Where the estimated quantities are shown
for the various classes of work to be done and material to be
furnished under this Contract, they are approximations and are to
-, be used only as a basis for estimating the probable cost of the
work and for comparing their proposals offered for the work. It
is understood and agreed that the actual amount of work to be
done and the materials to be furnished under this Contract may
differ somewhat from these estimates, and that where the basis
for payment under this Contract is the unit price method, payment
shall be for the actual amount of work done and materials
furnished on the project.
38. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the
adjacent or adjoining property or properties in any way en-
countered and which may be injured or damaged by any
process of construction to be undertaken under this Agreement,
and he shall be liable for any and all claims for such injury or
damage on account of his failure to fully protect all adjacent
property. The Contractor agrees to indemnify, save and hold
harmless the Owner against any claim or claims for damages due
- 21 -
to any injury to any adjacent or adjoining property arising or
growing out of the performance of this Contract, but such
indemnity shall not apply to any claim of any kind arising out
of the existence or character of the work.
39. PRICE FOR WORK
In consideration of furnishing all necessary labor, equip-
ment and material and the completion of all work by the Contrac-
tor, and on the delivery of all materials embraced in this
Contract in full conformity with the specifications and stipu-
lations herein contained, the Owner agrees to pay the Contractor
the price set forth in the proposal attached hereto, which has
been made a part of this Contract, and the Contractor hereby
agrees to receive such price in full for furnishing all labor,
equipment and material required for the aforesaid work, and for
all expenses incurred by him, and for well and truly performing
the same and the whole thereof in the manner and according to
this Agreement, the attached specifications, drawings, Contract
Documents and requirements of the Architect and the Owner's
Representative.
40. CONSTRUCTION SCHEDULE & 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 (5'a) of the amount of each estimate until final
completion and acceptance of all work covered by this Contract:
- 23 -
Provided, that the Contractor shall submit his estimate not later
than the first day of the month; Provided, further, that the -
Owner at any time after fifty percent 50%) of the work has been
completed, if it finds that satisfactory progress is being made,
may make any of the remaining progress payments in full; Pro-
vided, further, that on completion and acceptance of each
separate building, public work or other division of the Con-
tract, on which the price is stated separately in the Contract,
payment may be made in full, including retained percentages
thereon, less authorized deductions.
In preparing estimates, the material delivered on the site
and preparatory work done may be taken into consideration.
All material and work covered by partial payments made shall
thereupon become the sole property of the Owner, but this
provision shall not:be construed as relieving the Contractor
from the sole responsibility for the care and protection of
materials and work upon which payments have been made, or the
restoration of any damaged work, or as a waiver of the right of
the Owner to require the fulfillment of all the terms of the
Contract.
Owner's Right To Withhold Certain Amounts and Make Applica-
tion Thereof: The Contractor agrees that he will indemnify and
save the Owner harmless from all claims growing out of the lawful
demands of subcontractors, laborers, workmen, mechanics, mate-
rialmen and furnishers of machinery and parts thereof, equip- _
ment, power tools and all supplies, including commissary,
incurred in the furtherance of the performance of the Contract.
The Contractor shall, at the Owner's request, furnish satisfac-
tory evidence that all obligations of the nature hereinabove
designated have been paid, discharged or waived. If the
Contractor fails so to do, then the Owner may, after having
served written notice on the said Contractor, either directly pay
unpaid bills of which the Owner has written notice, or withhold
from the Contractor's unpaid compensation a sum of money deemed
reasonably sufficient to pay any and all such lawful claims until
satisfactory evidence is furnished that all liabilities have been
fully discharged, whereupon payment to the Contractor shall be
resumed in accordance with the terms of this Contract, but in no
event shall the provisions of this sentence be construed to
impose any obligations upon the Owner to either the Contractor or
his Surety. In paying any unpaid bills of the Contractor, the
Owner shall be deemed the agent of the Contractor, and any
payment so made by the Owner shall be considered as a payment
made under the 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.
�- 42. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND
SUBCONTRACTORS
The Contractor and each subcontractor shall prepare their
payrolls on forms satisfactory to and in accordance with in-
structions to be furnished by the Local Public Agency or Public
Body. The Contractor shall submit weekly to the Local Public
Agency or Public Body two certified copies of all payrolls of the
Contractor and of the subcontractors, it being understood that
the Contractor shall be responsible for the submission of copies
of payrolls of all subcontractors. Each such payroll shall
contain the "Weekly Statement of Compliance" set forth in Section
3.3 of Title 29, Code of Federal Regulations. The payrolls and
basic payroll records of the Contractor and each subcontractor
covering all laborers and mechanics employed upon the work
covered by this Contract shall be maintained during the course of
the work and preserved for a period of three (3) years there-
after. Such payrolls and basic payroll records shall contain the
name and address of each such employee, his correct classifica-
tion, rate of pay (including rates of contributions or costs
anticipated of the types described in Section 1(b)(2) of the
Davis -Bacon -Act), daily and weekly number of hours worked,
deductions made and actual wages paid. In addition, whenever the
Secretary of Labor has found under Section 5.5(a)(1)(iv) of Title
29, Code of Federal Regulations, that the wages of any laborer or
mechanic include the amount of any costs reasonably anticipated
in providing benefits under a plan or program described in
Section 1(b)(2)(B) of the Davis -Bacon Act, the Contractor or
subcontractor shall maintain records which show that the
commitment to provide such benefits is enforceable, that the plan
or program is financially responsible and that the plan or
program has been communicated in writing to the laborers or
mechanics affected, and records which show the costs anticipated
or the actual cost incurred in providing such benefits. The
Contractor and each subcontractor shall make their employment
records with respect to persons employed by them upon the work
covered by this Contract available for inspection by authorized
representatives of the Secretary of Housing and Urban Develop-
ment, the Local Public Agency or Public Body and the United
States Department of Labor. Such representatives shall be
permitted to interview employees of the Contractor or of any
subcontractor during working hours on the job.
- 25 -
43. MINIMUM WAGES (See Exhibit B: In excess of $2,000)
All laborers and mechanics employed upon the work covered by
this Contract shall be paid unconditionally and not less often
than once each week, and without subsequent deduction -or rebate
on any account (except such payroll deductions as are made
mandatory by law and such other payroll deductions as are
permitted by the applicable regulations issued by the Secretary
of Labor, United States Department of Labor, pursuant to the
Anti -Kickback Act hereinafter identified), the full amount due at
time of payment computed at wage rates not less than those
contained in the wage determination decision of said Secretary of
Labor (a copy of which is included in Exhibit B) regardless of
any contractual relationship which may be alleged to exist
between the Contractor or any subcontractor and such laborers and
mechanics. All laborers and mechanics employed upon such work
shall be paid in cash, except that payment may be by check if the
employer provides or secures satisfactory facilities approved by
the Local Public Agency or Public Body for the cashing of the
same without cost or expense to the employee. For the purpose of
this clause, contributions made or costs reasonably anticipated
under Section 1(b)(2) of the Davis -Bacon Act on behalf of
laborers or mechanics are considered wages paid to such laborers
or mechanics, subject to the provisions of Section 5.5(a)(1)(iv)
of Title 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.
A.�..,_F.R1.NGE. BENEF.ITS..N.O.T _EXPRESSED _AS .HOIJR.LY W.AEE 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
rate contained in the applicable wage determination.
(b) Trainees. Except as provided in 29 CFR 5.15, trainees
will not be permitted to work at less than the predetermined rate
for the work performed unless they are employed pursuant to and
individually registered in a program which has received prior
approval, evidenced by formal certification, by the U. S.
Department of Labor, Manpower Administration, Bureau of Appren-
ticeship and Training. The ratio of trainees to journeymen shall
not be greater than permitted under the plan approved by the
._ Bureau of Apprenticeship and.Training. Every trainee must be
paid at not less than -the rate specified in the approved program
for his level of progress. Any employee listed on the payroll at
- 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 Substantial Comple-
tion shall be submitted to the Owner and the Contractor for their
written acceptance of 'the responsibilities assigned to them in
such Certificate.
- 31 -
Upon Substantial Completion.of the Work or designated
portion thereof, and upon application by the Contractor and
certification by the Architect, the Owner shall within ten
(10) days issue a certificate of acceptance of the work to
the Contractor.
58. FINAL PAYMENT
Upon receipt of written notice that the work is ready for
final inspection and acceptance, and upon receipt of a final
Application for Payment, the Architect will promptly make such
inspection and, when he finds the work acceptable under the
Contract Documents, and the Contract fully performed, he will
prepare a Final Statement of the value of all work performed and
materials furnished under the terms of the Agreement and promptly
issue a final Certificate for Payment, stating that to the best
of his knowledge, information and belief, and on the basis of his
observations and inspections, the work has been completed in
accordance with the terms and conditions of the Contract Docu-
ments, and that the entire balance found due the Contractor and
noted in said final Certificate, is due and payable. The
Architect's final Certificate for Payment will constitute a
further representation that the conditions precedent to the
Contractor's being entitled to final payment, as set forth, have
been fulfilled.
Upon receipt of the Architect's Certificate of Completion,
the Owner's Representative shall, if such Certificate is satis-
factory, submit same to the Owner, who shall pay to the Contrac-
tor on or before the 31st day after the date of the Certificate
of Completion, the balance due Contractor under the terms of this
Agreement, provided he has fully performed his contractual
obligations under the terms of said Agreement; and said payment
shall become due in any event upon said performance by the
Contractor. Neither the certificate of acceptance, nor the final
payment, nor any provisions in the Contract Documents shall
relieve the Contractor of the obligation for fulfillment of any
warranty which may be required in the special conditions (if any)
of this Contract or in the specifications made a part of this
Contract.
59. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK
The Contractor shall promptly remove from the Owner's
premises all materials condemned by the Owner's Representative on
account of failure to conform to the Contract, whether actually
incorporated in the work or not, and the Contractor shall at his
own expense promptly replace such condemned materials with other
materials conforming to the requirements of the Contract. The
Contractor shall also bear the expense of restoring all work of
other contractors damaged by any such removal or replacement. If
the Contractor does not remove and replace any such condemned
- 32 -
P-
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-
DITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION.
The arbiters, if they deem the case demands it, are autho-
rized to award the party whose contention is sustained such sums
as they deem proper for the time, expense and trouble incident to
the appeal, and if the appeal was taken without reasonable cause,
they may award damages for any delay occasioned thereby. The
arbiters shall fix their own compensation, unless otherwise
provided by agreement, and shall assess the costs and charges of
the arbitration upon either or both parties. The award of the
arbiters must be made in writing and shall not be open to
objection on account of the form of proceedings or award.
65. ABANDONMENT BY CONTRACTOR
In case the Contractor should abandon and fail or refuse to
resume work within ten (10) days after written notification from
the Owner's Representative or Architect, or if the Contractor
fails to comply with the orders of the Architect, when such
orders are consistent with this Contract, or the Specifications
hereto attached, then the Surety on the bond shall be notified i.n
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 due, 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 s-aid final
statement as due the Contractor under the terms of this Agree-
ment.
67. LOSSES FROM NATURAL CAUSES
Unless otherwise specified herein, all loss or damage to the
Contractor arising out of the nature of the work to be done, or
from the action of the elements, or from any unforeseen circum-
stances and the prosecution of the same, or from unusual obstruc-
tions or difficulties which may be encountered in the prosecution
of the work, shall be sustained and borne by the Contractor at
his own cost and expense.
68. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor,
with full, complete and exclusive power and authority to direct,
supervise and control his own employees and to determine the
method for performance of the work covered by this Contract. The
fact that the Ow:ner's Representative or Architect shall have the
right to observe Contractor's work during its performance and to
carry out the other prerogatives which are expressly reserved to
and vested in the Owner, Owner's Representative or Architect
hereunder, is not intended to and shall not at any time change or
affect the status of the Contractor as an independent contractor
with respect to the Owner, Owner's Representative, Architect or
the Contractor's own employees, or to any other person, firm or
corporation.
69. CLEANING UP
The Contractor shall at all times keep the premises free
from accumulation of debris caused by the work, and at the
completion of the work he shall remove all such debris and also
his tools, scaffolding and surplus materials, and shall leave the
work broom clean or its equivalent. The work shall be left in
good order and condition. In case of dispute, the Owner may
remove the debris and charge the cost to the Contractor.
70. CONTRACTOR'S RIGHT TO TERMINATE
The Contractor shall have the right to terminate the
Contract at any time when circumstances beyond the Contractor's
control occur, thru no fault of the Contractor, which prohibit
the completion of the Agreement as contemplated by the parties at
the time of execution. Should the Contractor choose to terminate
this Agreement, he shall accrue no rights to full payment
hereunder and shall receive only a pro rate payment for work
actually performed, the amount of such payment to be assessed by
the Owner. Should the Contractor choose not to terminate, even
though cause exists under this provision, liquidated damages as
set forth herein shall in no way be affected.
71. RIGHT OF THE OWNER TO TERMINATE CONTRACT
In the event that any of the provisions of this Contract are
violated by the Contractor, or by any of his subcontractors, the
Owner may serve written notice upon the Contractor and the Surety
of the Owner's intention to terminate the Contract, such notices
to contain the reasons for such intention,.and unless within ten
(10) days after the serving of such notice upon the Contractor,
such violation or delay shall cease and satisfactory arrangement
of correction be made, the Contract shall, upon the expiration of
said ten (10) days, cease and terminate. In the event of any
such termination, the Owner shall immediately serve notice
thereof upon the Surety and the Contractor, and the Surety shall
have the right to take over and perform the Contract: Provided,
however, that if the Surety does not commence performance thereof
within then (10) days from the date of the mailing to such Surety
of notice of termination, the Owner may take over the work and
prosecute the same at the expense of the Contractor and the
Contractor and his Surety shall be liable to the Owner for any
excess cost occasioned the Owner thereby, and in such event the
Owner may take possession of and utilize in completing the work
such materials, appliance and plant as may be on the site of the
work and necessary therefor.
�- 72. BREACH OF FOREGOING FEDERAL LABOR STANDARDS PROVISIONS
In addition to the causes for termination of this Contract
as herein elsewhere set forth, the Local Public Agency or Public
Body reserves the right to terminate this Contract if the
.Contractor or any subcontractor whose subcontract covers any of
the work covered by this Contract shall breach any of these
Federal Labor Standards Provisions. A breach of these Federal
Labor Standards Provisions may also be grounds for debarment, as
provided by the applicable regulations issued by the Secretary of
Labor. A breach of Section 45 and the Federal Labor Standards
Provisions may be grounds for termination of the Contract, and
for debarment as provided in 29 CFR 5.6.
73. INTEREST OR MEMBER OF OR DELEGATE TO CONGRESS
No member of or Delegate to Congress or Resident
"A 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 of or for the Owner who is authorized in such capacity
and on behalf of the Owner to exercise any legislative, execu-
tive, supervisory or other similar functions in connection with
the construction of the project shall become directly or indi-
rectly interested personally in this Contract or in any part
thereof, any material supply contract, subcontract, insurance
contract or any other contract pertaining to the project.
75. SPECIAL EQUAL OPPORTUNITY PROVISIONS
A. Activities and Contracts Not Subject to Executive Order
11246, as Amended.
(Applicable to Federally assisted construction con-
tracts and related subcontracts under $10,000)
During the performance of this Contract, the Contractor
agrees as follows:
(1) The Contractor shall not discriminate against any
employee or applicant for employment because of race, color,
religion, sex or national origin. The Contractor shall take
affirmative action to ensure that applicants for employment
are employed, and that employees are treated during employ-
ment, without regard to their race, color, religion, sex or
national origin. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion
or transfer; recruitment or recruitment advertising; layoff
or termination; rates of pay or other forms of compensa-
tion; and selection .for training, including apprenticeship.
(2) The Contractor shall post in conspicuous places,
available to employees and applicants for employment,
notices to be provided by the Contracting Officer setting
forth the provisions of this nondiscrimination clause. The.
Contractor shall state that all qualified applicants will
receive consideration for employment without regard to race,
color, religion, sex or national origin.
(3) The Contractor shall incorporate the foregoing
requirements in all subcontracts.
B. Contracts Subject to Executive Order 11246, as
Amended.
(Applicable to Federally assisted construction
contracts and related subcontracts exceeding $10,000)
- 40 -
M_
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 19689
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:
(1) A stipulation by the Contractor or subcon-
tractors that any facility to be utilized in the
performance of any nonexempt contract or subcontract
is not listed on the List of Violating Facilities
issued by the Environmental Protection Agency (EPA)
pursuant to 40 CFR 15.20.
(2) An agreement by the Contractor to comply with
all the requirements of Section 114 of the Clean Air
Act, as amended, (42 USC 1857c-8) and Section 308 of
the Federal Water Pollution Control Act, as amended,
(33 USC 1318) relating to inspection, monitoring,
entry, reports and information, as well as all other
requirements specified in said Section 114 and Section
308, and all regulations and guidelines issued there-
under.
(3) A stipulation that as a condition for the
award of the Contract, prompt notice will be given of
any notification received from the Director, Office of
Federal Activities, EPA, indicating that a facility
utilized, or to be utilized for the contracts, is under
consideration to be listed on the EPA List of Violating
Facilities.
(4) An agreement by the Contractor that he will
include, or cause to be included, the criteria and
requirements in paragraphs (1) through (4) of this
Section in every nonexempt subcontract and requiring
that the Contractor will take such action as the
Government may direct as a means of enforcing such
provisions.
- 44 -
77. SPECIAL CONDITIONS PERTAINING TO HAZARDS SAFETY STANDARDS
AND ACCIDENT PREVENTION
A. Lead -Based Paint Hazards
(Applicable to contracts and related subcontracts for
construction or rehabilitation of residential structures
exceeding $100,000)
The construction or rehabilitation of residential
structures is subject to the HUD Lead -Based Paint regula-
tions, 24 CFR Part 35. The Contractor and subcontractors
shall comply with the provisions for the elimination of
lead -based paint hazards under sub -part B of said regula-
tions. The Owner will be responsible for the inspections
and certifications required under Section 35.14(f) thereof
B. Use of Explosives
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 A
ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS
SO-CALLFO "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
�. 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 includes
construction activity as distinguished from manufacturing,
:furnishing of materials, or servicing and maintenance work. The
terms include, without limitation, buildings, structures, and
improvements of all types, such as bridges, dams, plants,
highways, parkways, streets, subways, tunnels, sewers, mains,
power lines, pumping stations, railways, airports, terminals,
docks, piers, wharves, ways, lighthouses, buoys, jetties,.
breakwaters, levees, and canals; dredging, shoring, scaffolding,
drilling, blasting, excavating, clearing, and landscaping.
Unless conducted in connection with and at the site of such a
building or work as is described in the foregoing sentence, the
manufacture or furnishing of materials, articles, supplies, or -
equipment (whether or not a Federal or State agency acquires
title to such materials, articles, supplies, or equipment during
the course of the manufacture or furnishing, or owns the mate-
rials from which they are manufactured or furnished) is not a
"building" or "work" within the meaning of the regulations in
this part.
(b) The terms "conditions", "prosecution", "completion", or
"repair" mean all types of work done on a particular building or
work at the site thereof, including, without limitation, alter-
ing, remodeling, painting and decorating, the transporting of
materials and supplies to or from the building or work by the
employees of the construction contractor or construction sub-
contractor, and the manufacturing or furnishing of materials,
articles, supplies, or equipment on the site of the building or
work, by persons employed at the site by the contractor or
subcontractor.
(c) The terms "public building" or "public work" include
building or work for whose construction, prosecution, completion,
or repair, as defined above, a Federal agency is a contracting
party, regardless of whether title thereof is in a federal
agency.
(d) The term "building or work financed in whole or in part
by loans or grants from the United States" includes building or
work for whose construction, prosecution, completion, or repair,
as defined above, payment or part payment is made directly or
indirectly from funds provided by loans or grants by a Federal
agency. The term'does not include building or work for which
Federal assistance is limited solely to loan guarantees or
insurance.
(e) Every person paid by a contractor or subcontractor in
any manner for his labor in the construction, prosecution,
completion, or repair of a public building or public work or
building or work financed in whole or in part by loans or grants
from the United States is "employed" or receiving "wages",
regardless of any contractual relationship alleged to exist
between him and the real employer.
(f) The term "any affiliated person" includes a spouse,
child, parent, or other close relative of the contractor or
subcontractor, a partner or officer of the contractor or sub-
contractor, a corporation closely connected with the contractor
or subcontractor as parent, subsidiary or otherwise, and an
officer or agent of such corporation.
(g) The term "Federal agency" means the United States, the
District of Columbia, and all executive departments, independent
establishments, administrative agencies, and instrumentalities of
the United States and of the District of Columbia, including
corporations, all or substantially all of the stock of which is
beneficially owned by the United States, by the District of
Columbia, or any of the foregoing departments, establishments,
agencies, and instrumentalities.
Section 3.3 Weekly statement with respect to payment of wages.
(a) As used in this section, the term "employee" shall not
apply to persons in classifications higher than that of laborer
or mechanic and those who are the immediate supervisors of such
employees.
(b) Each contractor or subcontractor engaged in the
construction, prosecution, completion, or repair of any public
building or public work, or building or work financed in whole or
in part by loans or grants from the United States, shall furnish
each week a statement with respect to the wages paid each of its
employees engaged on work covered by 29 CFR Parts 3 and 5 during
the preceding weekly payroll period. This statement shall be
executed by the contractor or subcontractor or by an authorized
officer or employee of the contractor or subcontractor who
supervises the payment of wages, and shall be on form WH 348
"Statement of Compliance", or on an identical form on the back of
WH 347, "Payroll (For Contractors Optional Use)" or on any form
with identical wording. Sample copies of WH 347 and WH 348 may
be obtained from the Government contracting or sponsoring agency,
and copies of these forms may be purchased at the Government
Printing Office.
(c) The requirements of this section shall not apply to any
contract of $2,000 or less.
(d) Upon a written finding by the head of a Federal agency,
the Secretary of Labor may provide reasonable limitations,
variations, tolerances, and exemptions from the requirements of
this section subject to such conditions as the Secretary of Labor
may specify.
(29 F.R. 95, Jan. 4, 1964, as amended at 33 F.R. 10186, July 17, 1968
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"
of board, lodging, or other facilities meeting the requirements
of section 3(m) of the Fair Labor Standards Act of 1938, as
amended, and Part 531 of this title. When such a deduction is
made the additional records required under Section 516.27(a) of
this title shall be kept.
Section 3.6 Payroll deductions permissible with the approval of
the Secretary of Labor.
Any contractor or subcontractor may apply to the Secretary
of Labor for permission to make any deduction not permitted under
Section 3.5. The Secretary may grant permission whenever he
finds that:
(a) The contractor, subcontractor, or any affiliated person
does not make a profit or benefit directly or indirectly from the
deduction either in the form of a commission, dividend, or
otherwise;
(b) The deduction is not otherwise prohibited by law;
(c) The deduction is either (1) voluntarily consented to by
the employee in writing and in advance of the period in which the
work is to be done and such consent is not a condition either for
the obtaining of employment or its continuance, or (2) provided
for in a bona fide collective bargaining agreement between the
contractor or subcontractor and representatives of its employees;
and
(d) The deduction serves the convenience and interest of
the employee.
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. TXSO-39 /0.0,0
r.:
Supercedes General Wage Decision No. TX89-39
State: ''.TEXAS
County(ies): ZONE 1 - Bally, 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)
l .
I-
V
Vol. 11 1091
u.%J. 64cl.rar UllUnt UT LSDor
C
TX90-3,9
Basic
Basic
_
Hourly
-Hourly
Al,
Rates
Rates
_
(ZONE 1
(ZONE 2
;. ASPHALT HEATER OPERATOR _ ..
6.60
7.50
ASPHALT RAKER
6,30
7.30
CHING PLANT SCALE OPERATOR
8.00
8.00
_
.y^ CARPENTER
7.90
8.00
- CARPENTER HELPER
7,00
6.30
CONCRETE FINISHER (PAVING)
7.40
8.00
CONCRETE FINISHER (STRUCTURES)
.15
7.5
7. 55
CONCRETE FINISHER HELPER (STRUCTURES)
7.55
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.GO
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 (
-
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
Z
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
U.S. Department of Labor
°-
r
TX90-39/080
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)
00).
Vol. 11 1093
(This page left blank intentionally)
SPECIFICATIONS
(This page left blank intentionally)
CITY OF LUBBOCK SPECIFICATIONS
WATER DISTRIBUTION MATERIALS
WATER PIPE
Ductile Iron
Ductile iron pipe to be furnished shall conform to the following
standard specifications or latest revision:
ANSI/AWWA C150/A21.50-81
ANSI/AWWA C104/A21.4-80
ANSI/AWWA C151/A21.51-81
°— Ductile iron pipe shall meet requirements of "Laying Condition A"
(flat bottom trench, untamped backfill) for sizes through 2.4
inches and "Laying Condition B" (flat bottom trench, tamped
backfill) for larger sizes.
All ductile iron pipe shall be cement lined in accordance with
AWWA C104-80 (ANSI A21.4) specifications. The external surface
shall be coated with an asphalt base paint.
All joints for ductile iron pipe shall be of the rubber gasket
bell and spigot type, except where connecting flanged fittings,
and shall otherwise conform to the base specifications to which
the pipe is manufactured. The joint shall be the latest approved
type of rubber gasket joint for ductile iron pipe. All joints of
ductile iron pipe and fittings shall be sealed with a continuous
ring rubber gasket meeting standards specified by AWWA Clll-72
(ANSI A21.11) or its latest revision.
CAST IRON FITTINGS
Fittings shall be mechanical joint or rubber gasket AWWA Class D bell
with transition gasket for the type pipe used. Flanged fittings, where
required, shall be 125 pound American Standard. All fittings shall be
lined with cement of coal tar and coated with an asphaltic paint.
Fittings shall conform to AWWA C104, AWWA C110 and AWWA C111 latest
revision.
^— VALVES
Butterfly Valves (14" and Laraerl
Polyvinyl chloride (PVC) pipe shall be manufactured in accordance
with AWWA C-900 specification and shall be pressure class 150 PSI,
Dr. 18. Pipe shall be furnished with bell and spigot joint with
"`" rubber gasket joint conforming to the above specification., Spigot
ends shall be beveled and reference marked to facilitate joining
and insure proper seating depth.
Concrete Cylinder Pipe
Prestressed Concrete Embedded Cylinder Pipe shall be manufactured
in accordance with the latest revision of AWWA C-301.
Pretensioned Concrete Cylinder Pipe shall be manufactured in
accordance with the latest revision of AWWA C303-78.
The joints of the pretensioned concrete cylinder pipe and fittings
shall be sealed with a continuous ring rubber gasket meeting
standards specified in AWWA C303-78.
A portland cement mortar shall be used to fill the annular space
both inside and outside of joints in the pretensioned concrete
cylinder pipe. Portland cement used in the mortar shall conform
to "Standard Specifications and Tests for Portland Cement",
A.S.T.M. serial designations C150 and C77. Sand for the mortar
shall conform to A.S.T.M. designation C33-52T for fine aggregate.
The exterior joints on pretensioned concrete cylinder pipe shall
be poured with a Heavy Duty Diaper as furnished by MAR Mac
Manufacturing Company or approved equal. The width of the diaper
shall be nine (9) inches. The band shall be provided with 3/8
inch x 0.20 steel straps on each side.
Butterfly valves shall conform to AWWA Specifications C504-74 for
Class 150-B. Valve bodies shall be cast iron and may be either
short body or long body lengths. The butterfly valves are for
vault installation and shall be equipped with a hand wheel, a 2-
inch, operating nut, a locking device and a position indicator.
The valves shall be designed for positive stop in the closed
position. The valves shall be manually operated with enclosed
worm gear or traveling nut operation and shall be designed to
operate at maximum torque with a maximum pull of 80 pounds. The
valve shall open by turning to the left (counter -clockwise). The
design water pressure differential shall be 150 psi upstream and 0
psi downstream.
Valves installed in vaults shall be painted with heavy-duty
machinery paint with color and type to be approved by Engineer.
Gate Valves (Double Disc
Gate valves 12" and smaller shall be double disc, parallel seat,
iron body, bronze mounted throughout. Valves 12" and smaller
shall be flanged or mechanical joint as shown on the plans. All
valves on side outlets may be combination flange and mechanical
joint. The valves shall have non -rising stems, shall open by
turning to the left (counter -clockwise) and shall be furnished
with a 2" operating nut. Valves shall comply with.the latest
revision of AWWA C-500 standards. Valves shall be Mueller, M & H,
Darling or Clow.
All parts for valves furnished must be standard and completely
interchangeable with valves of the same brand. The successful
bidder may be required to furnish the owner with a letter stating
what type of valve he proposes to use and a letter from the
manufacturer stating the parts are standard and interchangeable as
herein specified.
Gate Valves (Resilient Seat)
Gate valves 12" and smaller shall be cast or ductile iron with
resilient seats. Valves 12" and smaller shall be flanged or
mechanical joint as shown on the plans. All valves on side
outlets may be combination flange and mechanical joint. The
valves shall have non -rising stems, shall open by turning to the
left (counter -clockwise) and shall be furnished with a 2"
operating nut. Valves shall comply with the latest revision of
AWWA C-509 standards. Valves shall be Mueller, M & H, Darling or
Clow.
All parts for valves furnished must be standard and completely
interchangeable with valves of the same brand. The successful
bidder may be required to furnish the owner with a letter stating
what type of valve he proposes to use and a letter from the
manufacturer stating the parts are standard and interchangeable as
,.., herein specified.
VALVE BOXES, FRAME AND COVER
All valve boxes for butterfly valves and gate valves larger than 12"
shall be poured concrete or precast construction. The valve boxes shall
be constructed with the dimensions as called for on the plans. The
-� valve box cover opening shall be centered over operating nut.
Manhole frames and covers shall be of good quality gray iron casting of
a pattern similar to that shown on the plans and with a clear opening of
not less than 22 inches. The frame and cover shall be designated with a
full bearing ring so as to provide a continuous seat between frame and
cover. The cover shall be furnished with lifting ring cast into the
cover in such manner as to prevent leaking through. The cover shall be
marked "water", and shall be type No. 40 as manufactured by Western Iron
Works or approved equal.
Valve boxes for 12-inch or smaller valve shall be of cast iron. The
boxes shall be designed to fit over a section of 6" clay tile pipe which
will be used an extension from the top of the valve. The box shall have
a heavy cast iron cover marked "Water". The box shall have a flange
type base approximately 4" larger in diameter than the outside diameter
of the barrel of the box. The cover shall be type No. 70 as
-- manufactured by Western Iron Works or approved equal.
FIRE HYDRANTS
Fire hydrants shall be standard AWWA C-502 hydrants, iron body, bronze
mounted throughout including seat ring, and shall be designed for a
working pressure of 150 pounds per square inch. The hydrants shall have
a 5-1/4" valve opening two 2-1/2 inch hose nozzles and one 4-inch
streamer nozzle, with 4 threads per inch and a crest to crest dimension
of 4.995 inches. The hydrants shall be for 6-inch mains and shall have
an M.J. connection, and shall be for a 4-1/2 foot bury unless otherwise
shown on plans. The hydrants shall be Clow F2500, American Darling
model 84 B Dresser style 129 or Mueller Centurion. Operating nuts shall
be 1-1/2 inch pentagons measured to a point.
DETAILS OF CONSTRUCTION
FOR WATER INSTALLATION
1. GENERAL
These general and detailed specifications govern the excavation,
trenching, backfilling, handling and installation of various kinds
of pipe, construction of manholes, installing fittings, valves, and
other work required for the construction of the these lines and
accessories all as shown on the plans and as called for herein. The
contractor shall furnish all material, equipment, labor and
�. superintendence necessary to complete the construction of all the
work as shown on the plans and as called for in these
specifications.
2. EXCAVATION AND TRENCHING
In order to obtain a true, even grade, the trench shall be fine -
graded. The material for fine grading shall be free of rocks,
roots, grass or any other debris. The depth of the fine grading
material shall not exceed three (3) inches. Where the trench is
excavated in excess of three (3) inches below grade, the material
shall be compacted to 95% Proctor Density. If rock or other
unyielding material shall be removed to a depth of three (3) inches
below grade and replaced with the bedding material to grade. The
grade shall be such that the pipe will rest firmly on the bottom of
the trench throughout the entire length of the pipe cylinder.
The trench width for the D.I. and PVC shall be the outside diameter
of the pipe plus twenty-four inches (24"). The trench shall be cut
so that the maximum horizontal offset of the trench walls from the
bottom to the top of the trench (undercutting) shall be six (6)
inches.
Bell holes of ample dimensions shall be dug at each joint to permit
the proper jointing of the pipe and to permit the bottom of the pipe
to rest firmly on the bottom of the trench throughout the entire
length of the pipe cylinder.
Trench digging machinery may be used to make the trench excavation
except in places where its operation would cause damage to trees,
buildings, telegraph lines or other existing structures either above
or below ground, in such instances hand methods shall be employed to
excavate the trench at no additional cost to the owner.
Where necessary to prevent caving, the trench shall be adequately
braced and shored. The unit price bid per linear foot of pipe shall
include the cost of furnishing, installing, and removing the bracing
and shoring.
All excavated material shall be placed in a manner that will not
endanger the work or damage existing structures.
There will be no classification of the excavated materials and the
term excavation shall include all materials encountered in
excavating the trench.
3. PIPE INSTALLATION
A. General
All pipe and accessories shall be handled, laid, jointed, tested
for defects and leakage and chlorinated in the manner herein
specified.
B. Inspection
The pipe, fittings, valves, and accessories shall be inspected
upon delivery and during the progress of the work and any
material found to be defective will be rejected by the engineer
and the contractor shall remove and replace such defective
material.
C. Responsibility for Materials
The Contractor shall be responsible for all material furnished
by him and he shall replace at his own expense all such material
that is found to be defective in manufacture or has become
damaged in handling after delivery.
D. Handling Pipe and Accessories
All pipe, fittings, valves, and other accessories shall, unless
otherwise directed, be unloaded at the point of delivery, hauled
to and distributed at the site of the work by the Contractor.
In loading and unloading they shall be lifted by hoists or slid
or rolled on skidways in such a manner as to avoid shock or
damage to the materials. Under no circumstances shall they be
dropped. Pipe handled on skids shall not be skidded or rolled
against pipe already on the ground.
In distributing the material at the site of the work, each piece
shall be unloaded opposite or near the place where it is to be
laid in the trench.
Pipe shall be placed on the site of the work parallel with the
trench alignment and pipe with bell ends shall be placed with
the bell ends facing in the direction in which the work will
proceed. The pipe, fittings, and accessories shall be placed
along the site in such a manner as to be kept as free as
possible from dirt, sand, mud, and other foreign matter.
page 2
E. Pipe Laving
1. Alignment and Grade
All pipe shall be laid to the alignment as established on
'— the ground by the Engineer. Where grade is being
maintained, as shown on the plans, the use of batter board
or laser beam will be required to fine grade the trench.
Whenever it is necessary to deflect pipe from a straight
line either in a vertical or horizontal plane to avoid
obstructions, to plumb valves or where vertical or
horizontal curves are shown or permitted, the degree of
deflection recommended by the manufacturer of the particular
kind of pipe being laid and the degree of deflection shall
be approved by the Engineer.
Field cuts on concrete pipe shall be made at all points
where, in the opinion of the Engineer, it is necessary to
preserve alignment or proper stationing for field
connections. Proper care shall be taken to preserve the
interior and exterior linings. After the spiral winding has
been exposed, the winding shall be tack welded before being
cut. In cutting the spiral winding sufficient length shall
be allowed to permit a later winding of at least one-half
turn on the bell or spigot ring. Where steel cylinder pipe
is cut, the work shall be done in such a way as to allow a
snug fit with the bell or spigot ring. A continuous weld
shall be run on both the inside and the outside of the ring.
The free end of the spiral shall then be wrapped around the
ring and its end shall be welded to the ring by running a
weld along each side of the rod for a distance of at least
�— six inches. The entire cutting operation shall be done
under the direction of a representative of the pipe
manufacturer.
Whenever the deflection in a joint exceeds the maximum
deflection recommended by the manufacturer, the Engineer may
require that the joint be welded. Joints on pipe installed
in encasement pipe shall be tack welded or completely
welded.
2. Manner of Handling Pipe and Accessories into Trench
After the trench grade has been completed, all bell holes
dug and the grade inspected, the pipes and accessories may
be placed in the trench. All pipe, fittings, and valves
shall be carefully lowered into the trench piece by piece by
means of derricks, ropes, or other suitable tools or
equipment, in such a manner as to prevent damage to the
material in any way. Under no circumstance shall pipe or
accessories be dropped or dumped into the trench.
page 3
3. Cleaning and Inspection
Before lowering into the trench, the pipe shall be again -
inspected for defects and cast iron pipe while suspended
shall be lightly hammered to detect cracks. Any defective,
damaged, or unsound pipe or other incidental materials shall
be rejected.
All foreign matter or dirt shall be removed from the inside
of the pipe, bells, spigots, or parts of the pipe used in
forming the joint before the pipe is lowered into the
trench; and it shall be kept clean by approved means during
and after laying. The open end of the pipe in the trench
shall be plugged when pipe is not being laid.
4. Laving and Jointing Concrete Pressure Pipe
The trench bottom should be constructed to provide a firm,
stable and uniform support for the full length of the pipe.
Bell holes should be provided at each joint to permit proper
joint assembly and pipe support. Any part of the trench
bottom excavated below grade should be backfilled to grade
and should be compacted as required to provide firm pipe
support. When an unstable subgrade condition is encountered
which will provide inadequate pipe support, additional
trench depth should be excavated and refilled with suitable
foundation material. Ledge rock, boulders and large stones
should be removed to provide four inches of soil cushion on
all sides of the pipe and accessories.
Proper implements, tools, and equipment should be used for
placement of the pipe in the trench to prevent damage.
Under no circumstances should the pipe or accessories be
dropped into the trench. All foreign matter or dirt should
be removed from the pipe interior. Pipe joints should be
assembled with care. When pipe laying is not in progress,
open ends of installed pipe should be closed to prevent
entrance of trench water, dirt and foreign matter into the
line.
PVC pipe should be installed with proper bedding providing
uniform longitudinal support under the pipe. Backfill
material should be worked under the sides of the pipe to
provide satisfactory haunching. Initial backfill material
should be placed to a minimum depth of one foot over the top
of the pipe. All pipe embedment material should be selected
and placed carefully, avoiding stones, frozen lumps, and
debris.
5. Laving and Jointing Ductile Iron Pipe
The gasket seat in the socket, the rubber gasket and the
plain end of the pipe.to be laid should be wiped clean.
After placing a length of pipe in the trench, the plain end
page 4
of the pipe should be then aligned and started into the
socket so that it is in contact with the gasket. Sufficient
force then must be exerted on the entering pipe so that the
plain end is moved past the gasket and makes contact with
the base of the socket. The joint may be deflected but
never to exceed manufacturer's recommendations.
Unless otherwise directed, pipe shall be laid with bells
facing in the direction of laying; and for lines on
appreciable slopes, bells shall, at the discretion of the
Engineer, face up grade.
Cutting of pipe for inserting valves, fittings or closure
pieces shall be done in a neat workmanlike manner without
damage to the pipe or the cement lining.
The jointing shall be completed for all pipe laid each day,
in order not to leave open joints in the trench over night.
�> At the times when pipe laying is not is progress, the open
ends of pipe shall be closed by approved means, and no
trench water shall be permitted to enter the pipe.
No pipe shall be laid in water, or when the trench
conditions or weather is unsuitable for such work, except by
permission of the Engineer.
4. BACKFILLING
A. Pipe Embedment
Where required, sand shall be haunched and hand tamped. The
�^ pipe will be embedded in sand to its mid -point. From the mid-
point to 12" above the top of the pipe a select backfill will be
used and will be compacted in layers of 6" maximum thickness.
The remainder of the backfill will be compacted by hydraulic
jetting.
B. General
The entire process of backfilling and cleaning -up shall be
completed within seven (7) days after the pipe has been laid.
Where gravel embedding is not required, all trenches and bell
holes for all types of pipe, valves and fittings regardless of
the location, shall be backfilled to a point twelve inches (12")
above the top of the pipe with selected backfill material free
from rocks, boulders or other undesirable material. The
remainder of the backfill that is above twelve inches (12")
higher than the top of the pipe at all locations shall be
backfilled with loose excavation material and compacted by
forcing water into the backfill at the level of the top of pipe
-- until the water level rises to within eighteen inches (18") of
page 5
the natural ground surface. The water shall be forced into the
backfill at locations not more than ten feet (10') apart.
As the construction work progresses, the Contractor will be
required to keep the jetting of the backfill and clean-up as
close behind the pipe laying and backfilling as possible.
C. Maintenance of Backfilled Trench
After the trench has been backfilled in the above method, the
right-of-way shall be cleared of all rocks larger than one and
one-half inches (1-1/2") in diameter and levelled so that the
surface will have the same slope and appearance as it possessed
before the Contractor began work. All surplus material shall be
loaded and wasted at the Contractor's expense, at a location
approved by the Engineer.
The above shall include all excavated materials and all rocks or
hard lumps which still remain after blading the area back to the
original ground grade. Furrows which tend to gather after
blading shall be removed, together with excavated material which
has drifted or otherwise covered private property.
Following the completion of the backfilling, the Contractor
shall maintain the street and trench surfaces in a satisfactory
manner until final completion and acceptance of the work. The
maintenance shall include blading from time to time as
necessary, filling depressions caused by settlement, sprinkling,
brooming, or flushing, and other work required to keep the
streets or roads in a satisfactory condition.
The Contractor shall maintain the paving cut until the cut is
ready for repair as determined by the Engineer. Whenever the
paving cut is accepted for repair prior to final clean up, the
Contractor shall still be responsible for the final clean up.
5. UNDERGROUND AND OVERHEAD UTILITIES AND STRUCTURE
The approximate location of all known water mains, gas mains, storm
sewers, and sanitary sewers are shown on the plans. However, the
consumer service lines from these utilities are not known.
The Contractor will be required to locate all utility lines,
including consumer service lines, far enough in advance of the
trenching to make proper provisions for protecting the lines and to
allow for any deviations that may be required from the established
lines and grades.
The Contractor will not be allowed to disrupt the service on any
utility lines except consumer service lines, which may be taken out
of service for short period of time provided the Contractor obtains
permission from the Engineer and from the owner of the premises
being served by the utility.
page 6
The Contractor shall immediately notify the proper utility company
of any damage to utility lines in order that service may be
established with the least possible delay. Any damage to existing
lines and the repair of consumer lines which are authorized to be
cut or temporarily at his own expense, and as directed by an
official representative of the utility company involved.
All utility lines shall be properly supported to prevent settlement
.� or damage to the line both during and after construction. The cost
of supporting utility lines shall be included in the unit price bid
per foot of pipe.
Any permanent relocation of existing utility lines shall be done by
the proper utility company without expense to the Contractor. Where
pipes, conduits, or concrete curbs or gutters are encountered, the
-- cost of tunnelling shall be included as a part of the cost of the
pipe line.
6. HYDROSTATIC TESTS
A. Pressure During Test
After the pipe has been laid, the line shall be subjected to a
hydrostatic pressure test and leakage test. The lines shall be
tested at 100 p. s. i. pressure.
B. Duration of Pressure Test
The duration of each pressure test shall be as directed by the
engineer but shall not exceed four (4) hours.
C. Procedure
Each valve section of pipe shall be slowly filled with water at
the specified test pressure measured at the point of lowest
elevation. Pressure shall be applied and maintained by means of
a pump connected to the pipe in a satisfactory manner. The
pump, pipe connection, and all necessary apparatus except meters
shall be furnished by the contractor, and the contractor shall
furnish all necessary labor for connecting the pump, meter, and
gages. The water for filling and making tests on these mains
�^ may be obtained at a location designated by the engineer. No
charge will be made for water used for this purpose.
As the line is being filled and before applying the test
pressure, all air shall be expelled from the pipe. To
accomplish this, taps shall be made, if necessary, at points of
highest elevation. After the test, the taps shall be tightly
plugged.
During the time the test pressure is on the pipe, the line shall
be carefully checked at regular intervals for breaks or leaks.
Any joints showing appreciable leaks shall be repaired acid any
page 7
N.
V1
cracked or defective pipes or fittings shall be removed and
replaced with sound material in the manner provided and the test
shall be repeated until satisfactory results are obtained.
D. Leakage Test
After all defects have been satisfactorily repaired and all
visible leaks stopped, a leakage test shall be made on each
valves section of the lines to determine the quantity of water
lost by leakage. The contractor shall furnish all labor,
material, and equipment (except meters) required for making the
test. The leakage shall be determined by measuring the quantity
of water supplied to each valve section of the lines, during the
test period, when the various sections of the lines are under
pressure. No pipe installation will be accepted until or unless
the leakage as determined by above test is less than the amount
set forth below.
Leakage in U. S. Gallons per 24 hours per 1000 feet of pipe per
inch of diameter of pipe lengths and pressures stipulated.
If individual sections show leakage greater than the limits
specified above, the contractor shall at his own expense locate
and repair the defective joints until the leakage is within the
specified allowance.
STERILIZATION OF PIPE LINES
The contractor shall furnish all labor, equipment and material,
except chlorine, necessary for the chlorination of the new pipe
lines which shall be sterilized before being placed in service. The
lines shall be sterilized by the application of the chlorinating
agent. The chlorinating agent may be a liquid chlorine, liquid
chlorine gas -water mixture, or a calcium hypochlorite solution,
which shall be fed into the lines through a suitable solution -feed
device, or other methods approved by the engineer. The chlorinating
agent shall be applied at or near the point from which the line is
being filled, and through a corporation stop or other approved
connection inserted in the horizontal axis of the newly laid pipe.
The water being used to fill the line shall be controlled to flow
into the section to be sterilized very slowly, and the rate of
application of the chlorinating agent shall be in such proportion of
water entering the pipe that the chlorine does applied to the water
entering the line shall be at least 50 parts per million. The
treated water shall be retained in the pipe lines for a period of
not less than twenty-four (24) hours.
TIE-INS TO EXISTING LINES
The Contractor will be permitted to
stubs but shall check with the water
any*tie-in. The Contractor shall no
except in an emergency. Contractor
inch asbestos cement line.
tie into existing valves or dry
superintendent before making
t open or close existing valves
will also make wet tie-in to 14
page 8
10. REMOVING PAVEMENT
A. General
Wherever it is necessary to make cuts in existing pavements,
°^ sidewalks, driveways, or curbs and gutters, the cuts shall be
made in such a manner as to cause the least possible damage to
adjoining surfaces.
B. Removal of Asphalt Paving
In removing asphalt pavement, the asphalt surface shall be cut
along each side of the trench ahead of the trenching machine
and the surfacing and base removed with the trenching machine
as the trench is excavated. The width of surface removed by
the Contractor is not to exceed the outside diameter of the
pipe plus thirty-six (36") inches.
11. JOBSITE
Access to construction site within the fenced area of Lubbock
International Airport shall be from the North gate of the fenced
-^ area. At no time shall construction vehicles be permitted to drive
on any paved surfaces near runways. The Contractor shall comply
with all rules and regulations set forth by Lubbock International
Airport and a representative thereof.
12. CLEANING -UP
After the construction is completed and before final acceptance by
the City, the contractor shall remove all rubbish, excess materials
from the excavation and other debris from the site of the work and
all trench surfaces shall be bladed as heretofore specified. The
cost of cleanup shall be included in the bid price per foot of pipe
installed.
page 9
MATERIALS OF CONSTRUCTION FOR SEWER INSTALLATION
1. GENERAL
The following paragraphs give the specifications on the various
materials which are to be used in construction of the sewer lines and
appurtenances. All materials shall be subject to inspection and testing
by a commercial laboratory tests, if required by the Engineer, and such
tests, unless otherwise specified, shall be paid for by the owner. A
certificate from the manufacturer or producer of any material,
certifying that the material or product meets the specifications for
such material as specified herein, shall be furnished by the Contractor
at the request of the Engineer. The cost of such certificates to be
paid for by the Contractor. All materials shall be subject to the
approval of the Engineer before being used in the construction.
The Contractor shall submit to the Engineer for his approval samples and
test specimens of the materials he proposed to use in the construction
sufficiently in advance of the construction to allow time for making
required tests to determine compliance with the specifications.
2. DUCTILE IRON PIPE
Ductile iron pipe shall be Class 56 unless a higher class is shown on
the plans. The pipe shall conform to ANSI/ASTM specifications A746-77
or latest revision for Ductile Iron Sewer Pipe and have an interior and
exterior coating of coal tar pitch conforming to requirements of Federal
Specifications WW-P-421.
All joints for Ductile Iron shall be of the rubber gasket bell and
spigot, except when otherwise shown -on the plans and where connecting to
flanged fittings, and shall conform to the base specifications to which
the piper is manufactured.
Fittings shall be A.W.W.A. Standard Class "D" bell and spigot type or an
approved gasket joint for the particular type of pipe used and designed
for the pressures of the pipe except as shown on the plans. Flanged
fittings where required, shall be 125 pound American Standard. All
fittings shall be lines with cement of coal -tar and coated with an
asphalt paint.
3. MANHOLE FRAMES AND COVERS
Manhole frames and covers shall be of good quality gray iron casting and
conform to A.S.T.M. Designation A48 (latest revision), having a clear
opening of not less than 22 inches. The casting shall be designed with
a full bearing rings so as to provide a continuous seat between frame
and cover. The cover shall be furnished with lifting ring cast into the
cover in such manner as to prevent water leaking through. Frame and
cover shall have a weight of not less than 275 pounds. The manhole ring
and cover shall be Taylor Foundry Company, or equal.
Watertight frames and covers shall be pattern R-1915-B as manufactured
by Neenah Foundry Company, Neenah, Wisconsin or approved equal.
Watertight manhole frames and covers shall conform to the requirements
shown on the detail for watertight manhole frames and covers. Foundry
designs of manhole frames and covers shall be approved by the Engineer
before shipment.
4. PRECAST REINFORCED CONCRETE MANHOLES
Precast reinforced concrete manhole sections shall conform to A.S.T.M.
C-478 specifications. Joints, excepting grade rings, shall be tongue
and groove or an equivalent male and female type joint as approved by
the Engineer. All joints shall be effectively jointed to prevent
leakage and infiltration with a method which meets the approval of the
Engineer. Aggregate shall be crushed limestone, otherwise it shall
conform to ASTM C-33 specifications.
5. CONCRETE AND MORTAR
Cement - Portland cement shall conform to A.S.T.M. C-150 specifications.
Aggregate - Fine and coarse aggregate to be used in concrete shall
conform to A.S.T.M. C-33 specifications.
All concrete (Class A) for manhole bottoms, piers and other reinforced
concrete structures shall contain not more than 7.0 gallons of water per
sack of cement. All concrete (Class B) for pipe cradling, blocking of
fittings, and other non -reinforced concrete shall contain not more than
9.0 gallons of water per sack of cement. Surface moisture or moisture
'^ carried by the aggregates shall be included as part of the mixing water.
Class A concrete shall have a minimum 28 day compressive strength of
3,000 p.s.i. and Class B shall have 2,500 p.s.i. compressive strength of
-, 28 days. 4,000 p.s.i. concrete shall be used in pier columns and
footings.
6. REINFORCING STEEL
All reinforcing steel shall conform to current A.S.T.M. specifications
A-15, A-16, or A-305. Wire mesh shall be woven or electrically welded,
cold -drawn mild steel wire fabric. Reinforcing bars shall be in the
deformed bar type.
.� All reinforcement shall be permanently marked with grade, identification
marks or shall, on delivery, be accompanied by a manufacturer's
guarantee.
7. FORMS
7.1 Material
Forms for all concrete work shall be of wood or approved metal
forms. Wood sheeting forming surfaces exposed to sight or
® weather shall be plywood.or plywood lined of a quality to
produce smooth surface, free from excessive form marks and
Page 2
shall meet the approval of the Engineer before use. The same
type of form shall be used for all exposed portions of the
work.
Forms shall be constructed true to lines, grades and sections
shown on the plans and shall be mortar -tight and sufficiently
rigid to prevent displacement of sagging between supports.
Wall forms shall be set plumb and true and rigidly braced to
maintain them in correct position and alignment. Temporary
openings for cleaning and inspection shall be provided at the
base of vertical forms or other places where necessary. Such
openings shall be neatly and securely closed before concrete is
placed.
7.2 Form Ties
Form ties approved by the Engineer shall be adjustable in
length and of such type as to leave no metal closer than 1 inch
of the surface, and shall not be fitted with lugs, cones,
washers, or other devices acting as a spreader which will leave
a hole larger than 7/8 inch in diameter or depth back of the
exposed surface of the concrete. Wire ties will not be
permitted.
8. CURING COMPOUND
Compounds used to form an air tight membrane over a fresh concrete
surface shall be in accordance with Texas Highway Department Item 531.2.
9. GRAVEL FOR EMBEDMENT
Gravel for embedment shall consist of 3/4 inch crushed stone. The
particles shall have irregular surfaces. The crushed stone shall be
free from clay, dust, blow sand, caliche or slag so as to prevent
shrinkage after jetting and drying.
Page 3
r
DETAILS OF CONSTRUCTION FOR SEWER INSTALLATION
�^ 1. GENERAL
These general and detailed specifications govern the tunnel excavation,
trenching, backfilling, handling an installation of the various sizes
and type of pipe, branch connections, manholes, and other work required
for the construction of the sewer lines and accessories, all as shown on
r
the plans and as called for herein.
The Contractor shall furnish all materials, equipment, labor,
superintendence and other incidentals necessary to complete the
construction of all work as shown on the plans and as called for in
these specifications.
2. EXCAVATION AND TRENCHING
Under ordinary conditions, excavation shall be by open cut from the
surface. Where (shown on the plans) tunnelling will be required beneath
^ structures that exist above the proposed flow line of the pipe.
2.1 Classification
There will be separate classification of the tunnel excavation
and open cut excavation/and the prices bid shall be complete
compensation for the removal of all material encountered in the
excavation required to install the sewer pipe and appurtenances
as required herein.
.� 2.2 Excavation Methods
Where soil conditions, trench depths, and freedom from
interference of surface obstruction will permit, the excavation
of trenches may be accomplished by machine methods subject to
compliance with these specifications. The type of machine to
be used to excavate the trench shall be such that the trench
width and subgrade shall conform to these specifications.
2.3 Alignment
Care shall be exercised to excavate a straight line of trench;
the horizontal deviation of the center line of the trench
bottom from the center line of the sewer as staked shall not
exceed four (4") inches at any point. Undercutting will not be
permitted; the maximum horizontal offset of the trench wall
from the bottom of the trench to top of the trench
(undercutting) shall not exceed six (6") inches.
2.4 Trench Width
To control the earth load on the pipe, trench width shall not
exceed eighteen (18") inches nor less than twelve (12") inches
greater than the outside diameter of the pipe barrel. Where
the maximum width is exceeded at a location where gravel
embedment was required, the Contractor shall embed the pipe in
concrete as required herein. The cost of this additional
embedment shall be paid by the Contractor.
2.5 Subgrade
Trenching equipment may be used to excavate to the approximate
flow line of the pipe or the required distance below the pipe
barrel where gravel or concrete embedment is required. The
remainder of the excavation and preparation of the bedding for
the pipe shall be accomplished with hand tools. All loose
material shall be removed from the trench bottom before
preparation for bedding begins.
The trench bottoms or bedding shall be accurately shaped and
graded in such a manner that the pipe, when laid thereon, will
be in continuous and uniform contact with the solid trench
bottom, or embedment where required, for the entire length of
the pipe barrel. Batter boards or laser beam may be used to
accurately grade the trench bottom to the grades established by
the Engineer.
The subgrade shall be so graded and levelled that the spigot
end of the pipe will be accurately centered in the bell of the
adjacent pipe when laid without raising the pipe off the trench
bottom. The original preparation of the subgrade prior to pipe
installation shall be sufficiently accurate to require a
minimum of subgrade adjustments after installation has begun.
All locations where the subgrade material becomes unstable or
mucky because of ground or surface water, and where rock or
other unyielding materials are encountered in the bottom of the
trench, the Contractor will be required to remove said material
to a depth of not less than three (3") inches below the
elevation of the pipe subgrade over the entire width of the
trench and shall replace with granular material conforming to
the specifications for gravel for pipe embedment as stated
herein. Such materials shall be thoroughly compacted over the
entire trench width to the grade established for the bottom of
the pipe.
All locations where the trench excavation is deeper than called
for by field measurement, the Contractor shall replace the
excessive excavated materials with granular material conforming
to the specifications for pipe embedment as stated herein.
Such materials shall be thoroughly compacted over the entire
trench width to the grade established for the bottom of the
pipe.
Page 2
2.6 Bell Holes
Each bell shall be excavated by the pipe layer immediately
prior to the placing of the pipe in the trench. Bell holes
shall be of sufficient depth to prevent the pipe bell from
�- being in -contact with the trench bottom and shall provide
sufficient space for the completion of the joint. Bell holes
shall not be longer than one-fourth (1/4) of the length of the
pipe barrel.
2.7 Bracing and Sheeting of the Trench
Where necessary to prevent caving, the trench shall be
adequately braced and sheeted. The Engineer may require
bracing and sheeting where he deems necessary to protect the
r pipe. If said sheeting is required by the Engineer to remain
in the trench after backfill, it shall be paid for by the Owner
at the current prices for the materials used for said purpose.
2.8 Protection of Prooert
The Contractor shall take all precautions necessary for
-- protecting private property (trees, shrubs, lawns, gas meters,
utility lines, etc.), curbs sidewalks, power poles and street
paving from being damaged by the trenching or backfilling
operations. Any damage that occurs as a result of the
construction procedures used by the Contractor shall be
repaired by the Contractor at his own expense except as herein
specified.
The Contractor shall confine his operations to the limits of
the public of private right-of-way shown on the plans. Any
damage which the Contractor incurs outside the limits of this
right-of-way shall be his responsibility.
2.9 Rock Excavation
Where rock is encountered in the excavation required herein to
install the pipe as directed by the Engineer, the Contractor
may request written permission from the Engineer to use
explosives as outlined in Section I.
2.10 Manhole Excavation
Excavation for manholes shall be not more than twelve (12")
inches greater in any three directions than the outside
diameter of the manhole footing. In no case shall the
clearness be less than six (6") inches. Where the excavation
for manholes is greater than the one foot allowed as shown on
the plans, the pipe shall be cradled in concrete, for a
distance of five (5') feet on each side of the excavation at no
additional cost to the owner.
Page 3
2.11 Tunnel Excavation
Tunnel sections shall provide adequate clearance for the pipe
to insure proper grading alignment. Concrete grout shall be
forced along the entire length of the tunnel in such a manner
as to insure complete filling of the void space between the
outside of the pipe and the tunnel walls.
2.12 Ground Water
Water shall be removed from the trench before final grading of
the bedding foundation, and the trench shall be kept dry during
all phases of pipe installation. The Contractor shall be
responsible for pumping and removing water from the trench and
the cost thereof shall be included in the price bid on the
proposal for the structure being built.
3. PIPE INSTALLATION
3.1 General
Sewer pipe and fittings shall be inspected upon delivery and
during the progress of the work and any material found to be
defective will be rejected and the Contractor shall remove such
defective material from the site of the work.
The Contractor shall be responsible for all materials furnished
by him and he shall replace at his own expense all such
material that is found to be defective in manufacture or has
been damaged in handling after delivery.
3.2 Pipe Laying
After the trench has been properly fine graded, the pipe shall
be laid in accordance with the following specifications. Each
length of pipe shall be inspected for defects and shall be
thoroughly cleaned before being lowered into the trench. Pipe
laying shall proceed up -grade with the spigot ends pointing in
the direction of flow. All pipe shall be laid true to the
lines and grades as established by the Engineer, batter boards
or laser beam shall be used and each length of pipe set to
grade. Bell holes shall be dug at each joint of sufficient
depth to allow the entire length of the barrel for the pipe to
rest on the bottom of the trench and to allow ample space for
properly jointing the pipe.
The jointing shall be completed for all pipe laid each day, in
order not to leave open joints in the trench overnight. At
times when pipe laying is not in progress, then open ends of
the pipe shall be properly plugged. No pipe shall be laid in
water, or when trench conditions or weather is unsuitable for
such work. If the pipe is disturbed form line and grade after
being laid, the pipe shall be removed from trench, the joints
cleaned and the piper relaid.
Page 4
4. BACKFILLING
Backfilling of the trench shall be done as soon as practicable after
completion of the laying and jointing of the pipe as specified
herein.
4.1 Backfilling Above Pipe
The remainder of the backfill that is above twelve (12") inches
higher than the top of the pipe shall be backfilled with loose
excavated material in 12 inch maximum layers and compacted to
90 percent Standard Proctor Density. After completion of the
backfill, all surplus material shall be loaded and wasted at
the Contractor's expense, at locations approved by the
Engineer. The site shall be levelled and made ready for use as
soon as practicable after backfilling.
Following the completion of the backfilling the Contractor
shall maintain the street and trench surfaces, in a
satisfactory manner until final completion and acceptance of
the work. The maintenance to include blading from time to time
as necessary, filling depressions caused by settlement,
.— sprinkling to settle dust, brooming or flushing at the request
of the Engineer and other work required to keep the streets and
roads in satisfactory condition for traffic. The Contractor
shall maintain and be responsible for all paving cuts until
such time as City Forces shall repair cuts with asphalt.
5. MANHOLES
5.1 General
Manholes shall be constructed at the locations shown on the
plans, or as directed by the Engineer, in accordance with the
details shown on the plans and as specified herein. Extreme
care shall be exercised in backfilling around manholes and no
backfill material shall be placed until the mortar has set.
Drop manholes shall be constructed as detailed on the plans and
in accordance with the specifications for standard manholes.
On straight runs, the pipe shall be laid through the manhole,
and the invert shall be formed in the bottom of the manhole
with concrete and the top half of the pipe broken out. On
manholes where there is a change in direction of the main and
where lateral lines enter the manhole, the inverts shall be
neatly formed with concrete as specified for the manhole
bottom. The inverts shall have a true curve of as large a
radius as the size of the manhole will permit and shall be
�- given a smooth trowel finish.
Page 5
5.2 Precast Reinforced Concrete Manholes
The concrete bottom for this type of manhole shall be `completed
as shown in the details of the plans and allowed to set before
any percent sections are placed on the base. The concrete used
shall conform to the specifications contained herein. The
ledge upon which the bottom section of riser pipe is supported
shall be a form surface held to true dimensions and level at
all points so that the riser pipe is uniformly supported and
standing vertical. The elevation of the supporting ledge shall
be set so that the bottom of the riser pipe is above the top of
the highest pipe entering the base, and so that no more than
1.0 foot of grade ring adjustment is required for grade
adjustment at the top. The inverts shall be formed in the
base at the time of concrete placement.
The riser joints and the grout space between the base and
risers shall be sealed inside and out with cement mortar of
other mastic material suitable to the Engineer. Rings or brick
used for grade adjustments shall be set with cement mortar.
6. MANHOLE FRAMES AND COVERS
The manhole frames and covers shall be as specified herein and as
shown on the plans. The frames shall be set level and to the grade
established by the Engineer. They shall be set in a full bed of
mortar and grouted as shown on the plans.
7. UNDERGROUND AND OVERHEAD UTILITIES AND STRUCTURES
The CONTRACTOR will be required to locate all know utility lines,
including consumer service lines, far enough in advance of the
trenching to make proper provisions for protecting the lines and to
allow for any deviations that may be required from the established
lines and grades.
The CONTRACTOR will not be allowed to disrupt the service on any
utility lines except consumer service lines, which may be taken out
of service for short periods of time, if the Contractor obtains
permission from the Engineer and from the Owner of the premises
being served by the utility.
The CONTRACTOR shall immediately notify the proper utility company
of any damage or utility lines, in order that service may be
restored with the least possible delay. Any damage to existing
lines and the repair of consumer service lines which are authorized
to be cut or temporarily taken out of service shall be repaired or
replaced by the Contractor at his own expense, and as directed by an
official representative of the utility company involved.
All utility lines shall be properly supported to prevent settlement
or damage to the lines both during and after construction.
Page 6
Any permanent relocation of existing utility lines required to
properly complete this project shall be done by the utility company
without expense to the Contractor.
No extra payment will be made for any extra work involved in working
around or under any underground structures or ability lines, except
where payment is allowable under these specifications.
8. REMOVING PAVEMENT
8.1 General
Wherever it is necessary to make cuts in existing pavements,
sidewalks, driveways or curbs and gutters, the cuts shall be
made in such manner as to cause the least possible damage to
adjoining surfaces.
8.2 Removal of Asphalt Pavin
In removing asphalt pavement, the asphalt surface shall be cut
along each side of the trench ahead of the trenching machine
and the surfacing and base removed with the trenching machine
as the trench is excavated. The width of surface removed by
the CONTRACTOR of asphalt paving is not to exceed eighteen
(18") inches more than the actual trench width being cut. Any
areas removed or damaged in excess of the above widths will be
charged against the CONTRACTOR'S estimate at the rate of $3.98
per square foot as payment to the CITY for replacing the
excessive width. No separate payment will be made for cutting
�- and removing asphalt paving and caliche base, the cost of this
work shall be included as a part of the cost of the pipe line
complete in place.
8.3 Removal of Concrete Paving
Removal of any sidewalks, concrete pavement, concrete base,
brick paving, concrete curbs and gutters (where allowed) shall
be made by cutting the concrete to a straight line on each side
of the trench and removing the concrete ahead of the trenching.
Normally, tunnelling will be required under curbs and gutters.
The width of the surface removed by the CONTRACTOR of concrete
paving is not to exceed the trench width plus three (3') feet.
Any areas removed or damaged in excess of the above widths will
be charged against the CONTRACTOR'S estimate at the rate of
$8.95 per square foot as payment to the CITY for replacing the
excessive width. Care shall be taken to preserve any
reinforcement encountered as well as possible. Cutting of
steel reinforcement will be allowed only at the approximate
center of the pavement cut.
9. TUNNELLING UNDER UTILITY LINES AND PERMANENT STRUCTURES
_ Where two or more pipes or conduits crossing the ditch are
encountered in any one location so that the distance between'
Page 7
centerlines is such that trenching is not feasible, or where
permanent obstructions other than curb and gutter are encountered
that, in the opinion of the Engineer, cannot be economically removed
or replace, tunnelling may be required. No extra compensation shall
be paid for this type tunnel and the cost of tunnelling shall be
included as a part of the cost of the pipe line complete in place
except where called for on the plans.
10. PLACING CONCRETE
After mixing, the concrete shall be transmitted to the forms in a
manner which will prevent separation or loss of ingredients and
shall be place in its final position without undue delay. Where the
concrete is to be placed in deep forms or trenches, as in pipe
encasement, pier columns or for manhole bottoms, dropping from
heights of greater than seven (7') feet must be avoided by using
spouts or "elephant trunks" or other means which will prevent the
separation of the ingredients. Where concrete is being placed for
pipe encasement, care should be taken to prevent the concrete from
falling directly on the unprotected pipe. After the concrete is in
place sufficient rodding should be done to prevent honeycombing.
11. CLEANING UP
As the construction work progresses, the Contractor shall backfill
the trenches, remove excess excavated materials, and other debris,
and do sufficient clean up and blading of the trench surfaces to
make the streets and alleys suitable for safe use of traffic.
After the construction work is completed and before final acceptance
by the Owner, the Contractor shall remove all rubbish and excess
materials from the site of the work. The above shall include all
excavated materials and all rocks or hard lumps larger than three
(3") inches which still remain after blading the area back to the
original ground grade. Furrows which tend to gather after blading
shall be removed together with excavated material which has drifted.
Page 8
MEASUREMENT AND PAYMENT
1. GENERAL
The unit price bid on each item, as stated in the proposal, shall
include furnishing all labor, superintendence, machinery, equipment
and materials, except materials specifically specified to be
furnished by other, necessary or incidental to complete the various
items of work in accordance with the plans and specifications. Cost
of work or material shown on the plans or called for in the
specifications and on which no separate payment is made shall be
included in the bid prices on the various pay items.
2. PIPE LINES
The length of pipe lines of the various sizes and types to be paid
for will be determined by measurement along the center line of the
pipe installed, measurement being made from center of fitting to
center of fitting without any deduction for the length of
intermediate fittings or valves.
-� Furnishing and installing pipe of the type and class as called for
in these specifications as shown on the plans and as the various
depths of cut as required will be paid for as the unit price per
linear foot for furnishing and installing the pipe complete in
place. The unit price bid shall be complete compensation, including
all materials, excavation gravel embedment, fittings, grading,
backfilling, and any and all incidental work in connection with the
pipe lines not otherwise included in the bid items or otherwise
provided for in the specifications.
3. VALVES AND BOXES
Furnishing and installing valves at the various locations shown on
the plans or as required will be paid for at the unit price bid each
for furnishing and installing the various size valves, complete in
place. The unit price bid shall be complete compensation for
furnishing and installing the valve complete in place and shall
include furnishing and installing the valve boxes and length of clay
tile for all 12" and smaller valves.
4. FITTINGS
The fittings or specials. required in construction of the various
sizes of pipe lines and those specials required to tie into existing
lines as shown on the plans will be included in the unit price bid
per linear foot for furnishing and installing approved pipe.,
5. CLASS "B" CONCRETE
The furnishing and installing of Class "B" concrete shall be
subsidiary to the various items for which it is necessary, and the
cost will be included in the unit price bid for the particular item.
No separate payment will be allowed for concrete blocking or
cradling.
6. WET TIE-IN
A. Measurement
Installing a wet tie-in at locations shown on the plans or as
required will be paid at the unit price bid and shall include
excavation, labor and equipment and incidentals necessary.
Payment shall be compensation for furnishing the wet tie-in
complete in place.
7. FINAL CLEANUP
The contractor shall make a final cleanup of all parts of the work
before final acceptance by the City.
The cost of the cleanup shall be included as a part of the cost of
the various items of work involved and no direct compensation will
be made for this work.
No Text
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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, an 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'a) 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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RESOLUTION
# 3355