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Resolution - 3534 - Contract - Knox Gailey & Meador - Sidewalks, AB_CH Additions - 01_24_1991
Resolution No. 3534 January 24, 1991 Item #26 HW:js RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract by and between the City of Lubbock and Knox, Gailey & Meador for sidewalks for Arnett Benson/Chatman Hill Additions, 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 24th day of January 1991. 0 4 • C . McMINN, MAYOR ATTEST: , pity secretary APPROVED AS TO CONTENT: e tacos, Nurcasing Manager APPROVED AS TO FORM: Hal,old Willard, Assistan City Attorney "-R CITY OF LUBBOCK SPECIFICATIONS FOR CONCRETE SIDEWALKS ARNETT BENSON/CHATMAN HILL BID # 11034 CITY OF LUBBOCK Lubbock, TexasZ 1 162 MAILED TO VENDOR: January 4, 1991 CLOSE: January 10, 1991 BID # 11034 - SIDEWALK AT ARNETT BENSON/CHATMAN HILL ADDENDUM # 1 PLEASE MODIFY OR AMEND CONTRACT DOCUMENTS AS FOLLOWS: 1. Time for completion shall be 60 (sixty) consecutive calendar days. 2. Liquidated Damages shall be $50.00 per day. 3. Wire Mesh or fiber reinforcement will be required in approaches only. THA2Shuffi Rond CITY OF LUBBOCK PURCHASING DEPARTMENT PLEASE RETURN ONE COPY WITH YOUR BID A., CITY OF LUBBOCK COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SPECIFICATIONS FOR TITLE: CONCRETE SIDEWALKS - - ARNETT BENSON/CHATMAN HILL ADDRESS: 2800 DARTMOUTH & DUKE STREETS & BIRCH AVENUE CDWO: 3113-590609-0001 BID NO.: 11034 CONTRACT PREPARED BY: PURCHASING DEPARTMENT (THIS PAGE LEFT BLANK INTENTIONALLY) INDEX 1, NOTICE TO BIDDERS 2. INFORMATION FOR BIDDERS 3. BID PROPOSAL - BID FOR LUMP SUM CONTRACTS 4. BID PROPOSAL - BID FOR UNIT PRICE 5. PAYMENT BOND (FOR CONTRACTS IN EXCESS OF $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 Wage.Determinations 12. SPECIAL CONDITIONS OF THE AGREEMENT -13. SPECIFICATIONS (TO BE PROVIDED BY ENGINEERS) 14. SPECIAL CONDITIONS (TO BE PROVIDED BY ENGINEERS) 15. NOTICE OF ACCEPTANCE (THIS PAGE LEFT BLANK INTENTIONALLY) NOTICE TO BIDDERS 9 (THIS PAGE LEFT BLANK INTENTIONALLY) NOTICE TO BIDDERS CDWO 3113-590609-0001 COMMUNITY DEVELOPMENT BLOCK GRANT CITY OF LUBBOCK BID # 11034 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 10th day of January. 1991, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following project: CONCRETE SIDEWALKS - ARNETT BENSON/CHATMAN HILL 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 cashiers or certified check or bid bond in the amount of 5% of the total bid and the successful bidder shall provide bond in full amount of the contract executed by a surety company authorized to do business in Texas. The above described project will be paid for in cash by the Community Development Block Grant received by the City from the Department of Housing and Urban Development. The contract for this project must comply with all applicable Federal laws and regulations including the payment of federal minimum wages under the provision of the Davis -Bacon Act, and the compliance with the provisions of equal employment opportunities and under Section 3 Affirmative Action and Executive Order 11246. Plans and Specifications are on file at the Purchasing Office and may be obtained at the office of Gene Eads, C. P. M., Purchasing Manager, Room L-04, Municipal Building, 1625 13th Street, Lubbock, Texas, 79401. There will be a pre -bid conference on January 3, 1991 at 10:00 o'clock a.m., Personnel Room 108, Municipal Building, 1625 13th Street. CITY OF LUBBOCK, TEXAS BY: Gene Eads, C.P.M. Purchasing Manager ..j ADVERTISEMENT FOR BIDS BID # 11034 Sealed proposals addressedto Gene Eads, C.P.M., Purchasing Manager, City of Lubbock, Texas, will be received at the office of the Purc asing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401 until 2:00 o'clock . on the 10th day of January, 1991 or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following des ribed project: CONCRETE SIDEWALKS-ARNETT BENSON/OHATMAN HILL After the expiration of t�e time and date above first written, said sealed proposals will be opened by the Purchasing Manager at his ffice and publicly read aloud. The plans, specifications proposal forms and contract documents may be examined at the office of the Purchasing Manager for the City of Lubbock, Texas. Attention of each bidder hs particularly called to the Schedule of General Prevailing Rate of Per Diem Wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, Texas. Each bidder's attention is further directed to the provisions of Article 5159a, Vernon's Ann. Civil St., and the requiremeIts contained therein concerning such wage scales and payment by the contractor of the prevailing rate; of wages as heretofore established by the City of Lubbock. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, or national origin inlconsideration for an award. There will be a prebid conference on 3rd day of January, 1991, at 10:00 o'clock a.m., Personnel Conference Room 108, Municipal Building, 1625 13th Street. i BY: Gene Eads, C.P.M. ' PURCHASING MANAGER r 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 countr on the USTR list, or (3) who incorporates any product of a f reign country on the USTR list in the public works project. (g) Recordkeeping. Nothing contained in the foregoing shall be construed to r quire establishment of a system of records in order to rende , in good faith, the certification required by paragraph (b) f 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. Tha USTR published an initial list in the Federal Register on De ember 30, 1987 (53 FR 49244), which identified one country - Japa . The USTR can add countries to the list, and remove countri s from it, in accordance with section 109(c) of Pub. L. 100-202. (Seal if Bidder is ,. ATTEST _ ., a. Corporation) 1"902 kc. Contractor By: 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., article , materials, and supplies brought to the construction ite 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 mired, produced, or manufactured in the foreign country excee 50 percent of the cost of all its components. (b) Restrictions. _ The Contractor shall not (1) knowingly enter into any subcontrac, under this contract with a subcontractor of a foreign country included on the list of countries that discriminate against U.S- firms publish d 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, 987 (53 FR 49244), which identified one country - Japan. The U;TR 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 subcontractorlthat 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 ofl properly identifying the parties, in all subcontracts. This paragraph (e) shall also be incorporated in all subcontracts. No Text (THIS PAGE LEFT BLANK INTENTIONALLY) INFORMATION FOR BIDDERS 1. Receipt and Opening of Bids The City of Lubbock (herein called the "Owner"), invites bids on the form attached hereto, all blanks of which must be appropriately filled in. Bids will be received by the Owner at the office of Gene Eads, Purchasing Manager, City of Lubbock, Texas until 2:00 o'clock p.m., on the loth day of January, 1991, and then at said office publicly opened and read aloud. The envelopes containing the bids must be sealed, addressed to Gene Eads, Purchasing Manager, at Municipal Building, 1625 13th Street, (Room L04), Lubbock, Texas 79401 and designated as Bid for CONCRETE SIDEWALKS- ARNETT BENSON/CHATMAN HILL. T" 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. - 1 - Em 4. 5. 6. i Telegraphic Modification Any bidder may" modify his bid by telegraphic communication at any time p�ior to the scheduled closing time for receipt of bids, provided such telegraphic communication is received -- by the Owner rior to the closing time and, provided further, the wner is satisfied that a written confirmation of the telegr phic modification over the signature of the bidder was ma led 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,'Ino consideration will be given to the tele- graphic modif cation. Qualification of Bidder The Owner may make such investigations as he deems necessary to determine he ability of the bidder to perform the work, and the bidde 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 subm tted by, or investigation of, such bidder fails to sati fy the Owner that such bidder is properly qualified to arry out the obligations of the Contract and to complete t e work contemplated therein. Conditional bids will not be accepted. Bidder must be acceptable to the Owner after v rification by the HUD Area Office of the bidder's curr nt eligibility status. Bid Security Each bid must be accompanied by cash, certified check of the bidder or a b d bond duly executed by the bidder and issued by a surety c mpany approved by the Owner, in the amount of 51 of the bid Such cash, checks or bid bonds will be returned to a 1 except the three lowest bidders within three (3) days afte 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 awa d has been made within thirty (30) days after the date of t e opening of bids, upon demand of the bidder at any time Hereafter, so long as he has not been notified of the acceptance of his bid. 7 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 working days thereafter. Bidder must agree also to pay as liquidated damages the sum of $50.00 (Fifty dollars) for each T 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. And it is further agreed that this Contract shall be in effect until such bonds are so furnished. Said statutory bonds should be issued by a Company carrying a current Best Rating of B or superior, as the rating of the bond company is a factor that will be considered in determination the lowest responsible bidder. 11. Power of Attorney Attorneys -in -fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. 12. Notice of Special Conditions Attention is particularly called to those parts of the Contract Documents and specifications which deal with the following: (a) Inspection and testing of materials. (b) Insurance requirements. (c) Wage rates. 13. Laws and Regulations The bidder's attention is directed to the fact that all applicable State laws, municipal ordinances and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the Contract throughout, and they will be deemed to be included in the Contract the same as though herein written out in full. 14. Obligation of Bidder At the time of the opening of bids, each bidder will be presumed to have,,inspected the site and to have read and to - 4 - 5 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 r• obligation in respect of his bid. If Plans and Specifications are too bulky or cumbersome to be physically bound to the Contract Documents, they are to be considered incorporated by reference into the aforemen- tioned Contract Documents. 15. Texas State Sales Tax This Contract is issued by an organization which qualifies for exemption pursuant to the provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 16. Materials and Workmanship The intent of these Contract Documents is that only mate- rials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the «- Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the construction site will not relieve the Contractor of full responsibility for complying with this provision. The specifications for materials and methods set forth. in the Contract Documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project. ®- 17. Protection of the Work The Contractor shall be responsible for the care, preser- vation, conservation and protection of all materials, supplies, machinery, equipment, tools, apparatus, acces- sories, facilities and all means of construction, and any and all parts of the work, whether the Contractor has been paid, partially paid or not paid for such work, until the date the City issues its certificate of completion to the - 5 - Contractor. The City..reserv.es 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 : the bidd( (c) An equip( 18. Protection of It shall be tt work contempl, to exercise dt underground p underground sl Contractor dui plated by the; agrees that it to the locati( of which it h-, relieve the C( tioned. All ; damaged by Cor contemplated t by the Contra( Lubbock, Texa: 19. Contractor's The successful sible local r( work is in pr( bidder shall t telephone numt reached durin( Contract is it statement of the current financial condition of ;r. }ent schedule. Subsurface Lines and Structures e Contractor's responsibility to prosecute the ted by the Contract Documents in such a way as e care to locate and prevent damage to all pelines, utility lines, conduits or other ructures which might or could be damaged by ing the construction of the project contem- e Contract Documents. The City of Lubbock will furnish Contractor with information as in of all such underground lines and utilities ;s knowledge. However, such fact shall not intractor of his responsibilities aforemen- ;uch underground lines or structures cut or ;tractor during the prosecution of the work iy this Contract shall be repaired immediately :tor to the satisfaction of the City of ;, at Contractor's expense. 'epresentative . bidder shall be required to have a respon- �presentative available at all times while the ;gress under this Contract. The successful ie required to furnish the name, address and ler where such local representative may be i the time that the work contemplated by this i progress. 20. Provisions Concerning Escalator Clauses Proposals submitted containing any conditions which provide for changes in the stated bid price due to increases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. - 7 - (THIS PAGE LEFT BLANK INTENTIONALLY) BID PROPOSAL - BID FOR UNIT PRICE (TOIS PAGE LEFT BLANK INTENTIONALLY) r u\t ;: Proposal of called "Bidder") BID PROPOSAL BID FOR UNIT PRICE PLACE DATE xg PROJECT NO. f`©fig (hereinafter To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called "Owner") e, ' F ' Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of Cp ,S �9yPf>�113�i(%�it1 G'1�.�7/l6%/LJ 1zle- 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 y forth,.therein an.d 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. c i r Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a writlten''�`Notice to Proceed" of the Owner and to fully complete the proie'dt"within 4�8 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 $ SC% -- 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 �eriod of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site o'f"the'work and has carefully examined the plans, specifications ald Contract Documents pertaining to the work covered by' -this :)id, and he further agrees to commence work on or before the date,specified in the written notice to proceed, and to subst-antia'lly,'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- fied Check for I Dollars ($ , or a Proposal Bond in the sum of sd%p Dollars ($ , which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and th.e undersigned.fails to execute the necessary Contract Documents-an:d',the required bonds (if any) within ten -0 0) days -after he 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. oX - 2� Contrac I BY: Af ' (, (Seal if Bidder J'A'TTEST: Secretary Ls a Corporation) EXHIBIT A, PAGE 1 BID PROPOSAL FOR UNIT PRICE CONTRACTS Item Quantity Description of Item and Unit Price Total Item No. & Unit Amount 1. 1,880 S.Y. Type 1, Class A Concrete Sidewalk 4" thick, including site clearance as described in separate Section described by individual address, and subgrade preparation, complete in place, per square yard; FV0PT4!Z-)L) Dollars - )VO Cents r., 2. 415 S.Y. Type 1, Class A Concrete Driveway Approachs, 4" thick, including site clearance as described in separate Section described by individual address, and subgrade preparation, complete in place, per square yard; Dollars Cents $ 3. 150 L.F. 30" Curb and Gutter construction including removal of existing gutter section, sawing if required, and pavement patching, complete —. in place, per linear foot; Dollars ( 720 ) v CentsuJ�� / p 0v" 4. 20C.Y. Fill with native topsoil at 2804 Dartmouth including furnishing, loading, hauling, unloading, spreading, and compacting to grade as established by the Engineer, complete in place, per cubic yard; Dollars NJ Cents $ ✓/ TOTAL OF ITEMS 1,2,3, and 4. .MEASUREMENT AND PAYMENT GENERAL The unit price bid on each item as stated in the proposal, shall include furnishing all labor, superintendence, machinery, equipment and materials necessary or incidental to complete the various items of work in accordance with the plans and specifications. Cost of work or materials shown on the plans or called for in the specifications and on which no separate payment is made shall be included in the bid prices on the various pay items. ITEM 1, SIDEWALK CONSTRUCTION This item shall•conaist of 4" thick sidewalks constructed as herein spec- ified on an approved subgrade in conformity with the lines, methods and grades established by the Engineer. Work and accepted material as prescribed for this item will be measured by the linear foot of completed sidewalks. The unit price bid shall be full compensation for clearing, hauling, and disposing of all obstructions, for preparing the subgrade, for furnishing and placing all materials, and for all manipulations, labor, tools, equip- ment and incidentals necessary to complete the work. ITEM 2, DRIVEWAY RETURNS This item shall consist of 4" thick driveway slab constructed as herein specified on an approved subgrade in conformity with the lines, methods and grades established by the Engineer. Work and accepted material as prescribed for this item will be measured by the square yard of surface area of completed drive ways. The unit price bid shall be full compen- sation for clearing, hauling, and disposing of all obstructions, for preparing the subgrade, for furnishing and placing all materials and for all manipulations,.labor, tools, equipment and incidentals necessary to complete the work. : ITEM 3, CURB AND GUTTER CONSTRUCTION Measurement along the face of the curb will be made of the actual length of concrete curb and gutter and will be paid for at the unit price bid for the linear feet of construction. This unit price shall be full compensation for all subgrade preparation under the curb and gutter including all excavation or fill, blading, tamping, wetting, rolling, loading, hauling and wasting all existing site clearance material, and for furnishing and placing all materials, including pre -molded expansion jo8nt material, and for all manipulations, labor, tools, equipment and incidentals necessary to the completion of the work as herein specified.h ITEM 4, FILL WITH NATIVE TOPSOIL The unit price bid shall be paid for each cubic yard of native topsoil - furnished and in place at 2804 Dartmouth including furnishing, loading hauling, unloading, spreading, wetting, and compacting to the grade as established by the Engineer. SAFECO BID BOND Conforms with The American Institute of Architects, A.I.A. Document No. A-310 SAFECO INSURANCE COMPANY OF AMERIC,4 GENERAL INSURANCE COMPANY OF AMERIC FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 Bond KNOW ALL BY THESE PRESENTS, That we, KNOX , GA I LEY & MEADOR , I NC. as Principal, hereinafter called the Principal, and the SAFECO INSURANCE COMPANY OF AMERICA, of Seattle, Washington, a corporation duly organized under the laws of the State of Washington, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF LUBBOCK inthesumof FIVE PERCENT OF THE GREATEST AMOUNT BID -- as Obligee, hereinafter called the Obligee, Dollars (S------ 5%------- =- ), 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 CONCRETE S I DEWALKS AT ARNETT BENSON AND CHATMAN HILL BID NO. 11034 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 10TH day of JANUARY , 1991 Witness Witness KNOX , GA I LEY & MEAD R , INC. (Seal) Principal DON MEADOR, SEC/TREASURER Title SAPEC URAN MPANY OF AMERICA By CARLA WADDELL Attorney -in -Fact ® Registered trademark of SAFECO Corporatioi S-541EP 3/90 PRINTED IN U.S.A • P WER SAFECO INSURANCE COMPANY OF AMERICA O ATTORNEY GENERAL INSURANCE COMPANY OF AMERIC. HOME OFFICE: SAFECO PLAZA PAFECO I SEATTLE, WASHINGTON 98185 M KNOW ALL BY THESE PRESENTS: 8035 That SAFECO INSURANCE COMPANY O1 AMERICA ;:,�d GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation, does each hereby appoint HOWARD COWAN; CARLA WADDELL; KEVIN J. DUNN, Lubbock, Texas its true and lawful attorney(s)-in-fact, with f II authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character is ued in the course of its business, and to bind the respective company.thereby IN WITNESS WHEREOF, SAFECO INSURNCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attes ed these presents this 1 21st _ day of CERTIFICATE November Extract from the By -Law ss of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. — FIDELITY AND SU Assistant Vice President appointed for that p to appoint individuals as attorneys- in -fact- t company fidelity and surety bonds and othe business ... On any instrument making or ev instrument conferring such authority or on ar impressed or affixed or in any other manne. validity of any such instrument or undertakin ETY BONDS ... the President, any Vice President, the Secretary, and any rpose by the officer in charge of surety operations, shall each have authority under other appropriate titles with authority to execute on behalf of the documents of similar character issued by the company in the course of its encing such appointment, the signatures may be affixed by facsimile. On any bond or undertaking of the company, the seal, or a facsimile thereof, may be reproduced; provided, however, that the seal shall not be necessary to the Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto sot my hand and affixed the facsimile seal of said corporation U eb a iJ A IL 1 ar V� S,974 R 10 3%86 Ji I this LOTH day of JANUARY 19 91 .E PRINTED IN U SA } PAYMENT POND (THIS PAGE LEFT BLANK INTENTIONALLY) J f BOND CHECK HEST RATING ef±----- SAFECO NSURANCE COMPANY OF AMERICA : TEXAS GENERAL NSURANCE COMPANY OF AMERICA S EC ® -ICfrNSE FIRS NATiCNAL NSU+RANCE Cr�M;: =NN DATE 8Y of AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE. WASHNGTCN 9818� PAYMENT BOND IMcGregor Act — Public Works) Texas Bond No. 5687528 KNOW ALL BY THESE PRESENTS, That, we, KNOX, GAILEY, & MEADOR, INC. (hereinafter called the Principal), as Principal, and SAFECO INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Washington, with its principal office in the City of Seattle, Washington, and authorized and admitted to do business in the State of Texas and licensed by the State of Texas to execute bonds (hereinafter called the Surety), as Surety, are held and firmly bound unto CITY OF LUBBOCK, TEXAS (hereinafter called the Obligee) In the amount of THIRTY THREE THOUSAND NINE HUNDRED FORTY NINEAND 50/100----------------------------------------------------------------- Doilars, 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 eJ�te-red into a certain written contract with the Obligee, dated the Z4_day of '= 19 9i , to wit: CONCRETE SIDEWALKS FOR ARNETT BENSON/CHAPMAN HILL — BID# 11034 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 1S SUCH, that if the said Principal shall pay ail claimants supplying labor and material to him/her or a sub —contractor in the prosecution of the work provided for in said contract, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5150 of the Revised Civil Statutes of Texas, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if It were copied at length herein. IN WITNESS WHEREOF, the said Principal and urety have signed and sealed this instrument this 4i�• 24� day of J 19 � . KNOX, I EY,; �I. (Seal) DON MEADOR, SECRETARY Principal SAFECO INSURANCE CC PANY OF AMERICA (Seal) By (Seaq KEVIN J. IrN A;tcrney-in-Fact S-2170/EP 11/89 QQ Reg -Stereo TraCemarx of SAFECO insurance Company PRINTED IN U.S.A. PO ER SAFECO INSURANCE COMPANY OF AMERICA_ OF ATTORNEY GENERAL INSURANCE COMPANY OF AMEBIC, HOME OFFICE: SAFECO PLAZA SAFECD _ „" SEATTLE, WASHINGTON 98185 8035 No. _ KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA ..nd GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation, does each hereby 4point ---------------HOWARD COWAN; CARLA WADDELL; KEVIN J. DUNN, Lubbock, Texas ------------ its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character iss iea in the course of its business, and to bind the respective company.thereby IN WITNESS WHEREOF, SAFECO INSUR, NCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attestlleed these presents this I 21st CERTIFICATE day of November Extract from the By-Lawg of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 19 89 "Article V, Section 13. — FIDELITY AND SUTETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that Purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact, or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other) documents of similar character issued by the company in the course of its business. On any instrument making or evioencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on anjr bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section,l3 of the By -Laws, and (ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certifyithat the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation day of S-974 R 10 1,86 19 N ,PRINTED IN U S A PAYMENT BOND (Applicable on all contracts in excess of $25,000) (To be used in Texas under V.A.C.S. Art. 5160) THE STATE OF COUNTY OF KNOW ALL MEN BY THESE PRESENTS: That we (1) (2) r of , hereinafter called Principal, and 3 of , State of , hereinafter -- called the Surety, are held firmly bound unto 4) of , hereinafter called Owner, and unto all persons, firms and corporations who may furnish materials for, or perform labor upon the building or improvements hereinafter referred to in the penal sum of ($ ) Dollars in lawful money of the United States, to be paid in for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by -- these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain Contract with (6) dated the day of , 19 , a copy of which is hereto attached and made a part hereof, for the construc- tion of: NOW THEREFORE, the condition of this obligation is such that, if the Principal shall promptly make payment to all claimants, as defined in Article 5160, Revised Civil Statutes of Texas, 1925, as amended by House Bill 344, Acts 56th Legislature, Regular Session, 1959, effective April 27, 1959, and as further amended by Acts 1969, 61st Legislature, p. 1390, ch. 422, Sec. 1, effective June 2, 1969, supplying labor and materials in the prosecution of the work provided for in said Contract, then this obligation shall be null and void, otherwise, it shall remain in full force and effect. This bond is made and entered into solely for the protection �- of all claimants supplying labor and materials in the prosecution of the work provided for in said Contract, and all such claimants shall have a direct right of action under the bond as provided in Article 5160, Revised Civil Statutes of Texas, 1925, as amended ' by House Bill 344, Acts 56th Legislature, Regular Session, 1959, and as further amended by Acts 1969, 61st Legislature, p. 1390, ch. 422, Sec. 1, effective June 2, 1969. PROVIDED FURT ER, that if any legal action be filed upon this bond, venue s all lie in County, Texas, and that the said. Sure y, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of theContract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect itE obligation on this bond, and said Surety does hereby waive notiCE of any such change, extension of time, alteration or addition to the terms of the Contract or to the work. or to the spec ifications...._ PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder. whose cl im_ may _be .unsatisfied. IN WITNESS WH REOF, this instrument is executed in six counterparts, each one of which shall be deemed an original, this the day o , 19 ATTEST: (Principal) Secret ry (SEAL) Witness as to Principal Address ATTEST: Surety Secretary (SEAL) Witness as to Surety Address Principal . Address Surety BY: Address NOTE: If Contractor is Part- nership, all partners should execute bond. These footnotes refer to the numbers in the body of Contract above: Date of Bond must not be prior to date of Contract. (1) Correct name of Contractor (3) Correct name of Surety (2) A Corporation, a Part- (4) Correct name of Owner — nership or an Individual, (S) County and State as the case may be (6) Owner (TOIS PAGE LEFT BLANK INTENTIONALLY) No Text (THIS PAGE LEFT BLANK INTENTIONALLY) e SAFECO(D BOND CHECK BEST RATING LICENSED, iN.TEXAS DATE 4624/&By SAFECO NSURANCE COMPANY OF AMERICA GENERAL NSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE CCMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE. WASHNGTC*1 98185 PERFORMANCE BOND (McGregor Act — Public Works) Texas Bond No. 5687528 KNOW ALL BY THESE PRESENTS, That, we, KNOX, GAILEY, & MEADOR, INC. P.O. BOX 5736, LUBBOCK, TEXAS 79417 (hereinafter called the Principal), as Principal, and SAFECO INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Washington, with Its principal office in the City of Seattle, Washington, and authorized and admitted to do business in the State of Texas and licensed by the State of Texas to execute bonds (hereinafter called the Surety), as Surety, are held and firmly bound unto CITY OF LUBBOCK, TEXAS (hereinafter called the Obligee) in the amount of THIRTY THREE THOUSAND NINE HUNDRED FORTY NINE AND 50/100 ------------------------------------- Dollars, for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 2+=* day of —ill. 19—9 J_ , to wit: CONCRETE SIDEWALKS FOR ARNETT BENSON/CHAPMAN HILL. — BID#11034 P-- 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, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as If it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this Z4 day of 'JliN . 19 Witness: (Seal) Attest: (If Individual or Firm) (If Corporation) �z (Seat) KNOX ILEY MEADOR, JEC. (Seal) (Seal) DON MEADOR, SECRETARY PnRC�pal SAFECO IN NCE COMPANY OF AMERIGA BY EVIN J. NN _mrornev-in-Fact S-2169/EP 11/89 P_ QQ Reg,sterea Trademark of SAFECO Insurance Company PRINTED IN U.S.A. 1 POWER OF ATTORNEY SAFECO KNOW ALL BY THESE PRESENTS: No SAFECO INSURANCE COMPANY OF AMERICA-- GENERAL INSURANCE COMPANY OF AMEBIC, HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 8035 That SAFECO INSURANCE COMPANY 0Fj(AMERICA :rid GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation, does each hereby appoint ---------------HOWARD COWAN; COLA WADDELL; KEVIN J. DUNN, Lubbock, Texas ------------ its true and lawful attorney(s)-in-fact, with fu I authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character is tied in the course of its business, and to bind the respective company.thereby IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this21st _ day of November CERTIFICATE Extract from the By -Laws, of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 19 89 "Article V, Section 13. — FIDELITY AND SUETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that p rpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact r under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and othei documents of similar character issued by the company in the course of its business . On any instrument making or evi encing such appointment, the signatures maybe affixed by facsimile. On any instrument conferring such authority or on a y bond or undertaking of the company, the seal, or a facsimile thereof, maybe impressed or affixed or in any other manne reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertakin Extract from a Resolution of the Boar of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary) or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attor ey appointment is in full force and effect, the signature of the certifying officer may bey facsimile, and the seal of the Company may be a facsimile thereof." I, Boh A. Dickey, Secretary of SAFECO I SURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this day of ( S-974 R10 1,86 j PRINTED IN U S A PERFORMANCE BOND (Applicable on all contracts in excess of $25,000) (To be used in Texas under V.A.C.S. Art. 5160) THE STATE OF COUNTY OF KNOW ALL MEN BY THESE PRESENTS: That we (1) , (2) �- of , hereinafter called Principal, and (3) of State of , hereinafter called the Surety, are held firmly bound unto 4 of hereinafter called Owner, in the penal sum of ($ ) Dollars in lawful money of the United States, to be paid in 5) - , for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain Contract with (6) dated the day of , 19 , a copy of which is hereto attached and made a a part -hereof, for the construction of: - (herein called the "work"). These footnotes refer to the numbers in the body of Contract above: Date of Bond must not be prior to date of Contract. (1) Correct name of Contractor (3) Correct name of Surety (2) A Corporation, a Part- (4) Correct name of Owner nership or an Individual, (5) County and State as the case may be (6) Owner NOW THEREFORE, if the Principal shall well, truly and faithfully perform the work in accordance with the plans, specifications and Contract Documents during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if the Principal shall satisfy all claims and demands incurred under such Con- tract, and shall fully indemnify and save harmless the Owner from all costs and dama es which it may suffer by reason of failure to do so, and shall rEimburse..and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise, it shall remain in full force and effeict. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in , Texas, and that the said urety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the to ms of the Contract or to the work to be performed thereund r or the specifications accompanying the same shall in any wise Effect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications. '- IN WITNESS WHEREOF, this instrument is executed in six counterparts, each lone of which shall be deemed and original, this the clay of , 19 ATTEST: (Principal) Secret ry (SEAL) l itness as to rrzncipa Address ATTEST: urety) Secretary (SEAL) itness as to 5uret}y Address Principal Address Surety BY: Address NOTE: If Contractor is Partnership, a•11 partners should execute bond. 11 CERTIFICATE OF INSURANCE (THIS PAGE LEFT BLANK INTENTIONALLY) a1:11e.o®® CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY) 2-5-91 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE The Shropshire Agency, Inc. DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE P. 0. Box 10428 POLICIES BELOW. Lubbock, Texas 79408 COMPANIES AFFORDING COVERAGE 8o6-763-7311 COMPANY A LETTER Aetna Casualty & Surety Company INSURED COMPAN ETTERYBTraVelers Insurance Company Knox, Gailey and Meador, Inc. COMPANY LETTER CUnited States Fidelity & Guaranty Company P . 0. BOX 5736 Lubbock, Texas 79417 COMPANY LETTER D 806-763-0418 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 INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER LTR POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MM/DD/YY) DATE (MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ 1 , 0001, 000 . A X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOP AGG. $ 1,000, OOO . CLAIMS MADE X OCCUR. 60TCP5505207 4-20-90 4-20-91 PERSONAL & ADV. INJURY $ SOO, OOO . OWNER'S S CONTRACTOR'S PROT. EACH OCCURRENCE $ 500 , ooO . FIRE DAMAGE (Any one fire) $ 1. 50,000. MED. EXPENSE (Any one person) $ 5 000. AUTOMOBILE LIABILITY COMBINED SINGLE .$ A X ANY AUTO 60FJ5505208 4-20-90 4-20-91 LIMIT 500,000. X ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per accident) GARAGE LIABILITY -- PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ 1 ,000, 000. A X UMBRELLA FORM 60XS5505210 4-20-90 4-20-91 AGGREGATE $ 1,000,000. OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY LIMITS B 6EE-UB-932JO15-o-go 4-20-90 4-20-91 EACH ACCIDENT $ 500,000. AND DISEASE —POLICY LIMIT $ 500,000. EMPLOYERS' LIABILITY DISEASE —EACH EMPLOYEE $ OTHER C All Risk Builder's CIM125854586 3-21-90 3-21-91 $ 5,000,000. Risk Inc]. Owner DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Re: Concrete Sidewalk Arnett/Benson/Chatman Hill - Bid #11034 CERTIFICATE HOLDER, , ; CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Lubbock EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Lubbock, Texas LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. A IZED REP ESENTATIVE ACORD 25-S 0/90j ` �` OACORD CORPORATION 1990 P6WER OF'ATTORNEY SAFECO KNOW ALL BY THESE PRESENTS: SAFECO INSURANCE COMPANY OF AMERICA- GENERAL INSURANCE COMPANY OF AMERIC HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 8035 No. That SAFECO INSURANCE COMPANY OF AMERICA ..nd GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation, does each hereby appoint -------HOWARD COWAN; CARLA WADDELL; KEVIN J. DUNN, Lubbock, Texas ------------ its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 21st ___ day of November CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. — FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys- in -fact- or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this day of 19 • 1^ S-974 R10 1,86 PRINTED IN U S A II CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: Type of Lubbock, Texas Project: THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at the date of this certificate, in- sured by this Company with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by this Company, the further hereinafter described. Exceptions to standard policy noted hereon. TYPE OF INSURANCE r Policy No. Effective Expires Limits of Liability -------------------------------------------------------------------------------------------------------------------- Workmen's Compensation -------------------------------------------------------------------------------------------------------------------- Owner's Protec- Per Person $ r tive or Contin- Per Occurrence $ gent Liability Property Damage $ --------------------------------------------------------------------------------------------------------------------- Contractor's Per Person $ Protective or Per Occurrence $ Contingent Property Damage $ Liability -------------------------------------------------------------------------------------------------------------------- Per Person $ Automobile Per Occurrence $ Property Damage $ -------------------------------------------------------------------------------------------------------------------- Comprehensive General Liability $ -------------------------------------------------------------------------------------------------------------------- Umbrella Liability $ -------------------------------------------------------------------------------------------------------------------- The foregoing Policies (do) (do not) cover all sub -contractors. +�* Locations Covered DESCRIPTION of Operations Covered The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less than the legal time required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation. FIVE COPIES OF THIS CERTIFICATE MUST BE SENT TO THE OWNER. (Name of Insurer) By: Title (THIS PAGE LEFT BLANK INTENTIONALLY) HUD CERTIFICATIONS SECTION 3/STATEMENT OF WORK FORCE NEEDS (IN EXCESS OF $10,000) (THIS PAGE LEFT BLANK INTENTIONALLY) r- U.S. Department of Housing and Urban Development Supplement to the Public and General Conditions of the Indian Housing C C.ntract for Construction Article 1 — Labor Standards Applicability The Project or Program to which the construction work covered by t0is contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract or related instrument pursuant to the provisions applicable to such Federal assistance. A: 1. (1) Minimum Wages. All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid uncon- ditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis - Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provi- sions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determina- tion (including any additional classification and wage rates con- formed under 29 CFR Part 5.5(a)(1)(ii) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and ac. cessible place where it can be easily seen by the workers. (Ifxa) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classifica. tion and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage deter- mination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed In the classification (if known), or their represen. tatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necesssary. (Approved by the Office of Management and Budget under OMB Control Number 1215.0140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommenda- tion of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (d) The wage rate (including fringe benefits where ap- propriate) determined pursuant to subparagraphs A.1.(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work. is performed in the classification. (III) Whenever the minimum wage rate prescribed in the con- tract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (Iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable stan- dards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215.0140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages re- quired by the contract. In the event of failure to pay any laborer or mechanic, infcuding 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 194; .. _„e 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 11.87) HB 7417.1 & 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, oar national origin. 'State or Iota! government, the above equal opportunity clause I.!C. The Contractor will send to each labor union or represen• "1 not applicable to any agency, instrumentality or subdivision of sucl tative of workers with which It has a collectilve 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. ::•. :•;: :: 1'•� •<•::.'` advising the said labor union or workers rep,esentatives of the 1. The applicant agrees that It will assist and cooperate actively Contractor's commitments hereunder, and shall `post copies of with the administering agency and the Secretary of Labor in obtain the notice in conspicuous places available to employees and ap- ing the compliance of contractors and subcontractors with the plicanls 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 tt�e 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 - ir The Contractor will furnish all iSepter ti nand reports re- _ agency's primary responsibility for securing compliance. - - ^ .• ,, ! ' quired by Executive Order 11246 of Septem er 24, 1965, and by rules, regulations, and orders of the Secreta of Labor, or pur- J. The applicant further agrees that it will refrain from entering in suant thereto, and will. permit access to its ooks, records, and , to any contract or contract modification subject to Executive Orde1 accounts by the Secretary of Labor for purp ses of investigation 11246 of September 24, 1965, with a contractor debarred from, or " to ascertain compliance with such rules, re ulations, and orders. who has not demonstrated eligibility for, Government contracts an( federally assisted construction contracts pursuant to the Executive F. In the event of the Contractor's nonco piiance with the ` order and will carry out such sanctions and penalties for violation. nondiscrimination clauses of this contract or with any of the � • `' of the equal opportunity clause as may be imposed upon contrac• said rules, regulations, or orders, this contr terminated, or suspended in whole or in par ct may be canceled, and the Contractor tors and subcontractors by the administering agency or the Secretary of Labor to Part 11, Subpart D of the Executive may be declared ineligible for further gove�rnnment contracts or pursuant order. In addition, the applicant agrees that if it fails or refuses to federally assisted construction contracts in accordance with pro• comply with these undertakings, the administering agency may tak cedures authorized in Executive Order 1124 of September 24, any or all of the following actions: Cancel, terminate, or suspend it 1965, and such other sanctions may be imp sed and remedies whole or in part this grant (contract, loan, insurance, guarantee); -, invoked as provided in Executive Order 112 6 of September 24, refrain from extending any further assistance to the applicant unde 1965, or by rule, regulations or order of the ecretary of Labor, the program with respect to which the failure or refund occurred or as otherwise provided by law. until satisfactory assurance of future compliance has been receives G. The Contractor will include the portion of the sentence im- from such applicant; and refer the case to the Department of mediately preceding paragraph A and the p ovisions of Justice for appropriate legal proceedings. paragraphs A through G in every subcontra It or purchase order unless exempted by rules, regulations, or o ders 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 t:: ,;- 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 visions, including sanctions for noncompliance. enforcing such pro• Provided, assistance from the Department of Housing and Urban Develop- . - ment and is subject to the requirements of Section 3 of the Hous- however, that in the event the Contractor becomes involved tn, ;. ing and Urban Development Act of 1968, as amended, 12 U.S.C. or is threatened with, litigation with a subc ntractor or vendor as 1701u. Section 3 requires that to the greatest extent feasible oppo a result of such direction by the Secretary f Housing and Urban tunities for training and employment be given lower income - Development or the Secretary of Labor, thelContractor may re- residents of the unit of local government or the metropolitan area quest the United States to enter into Such ,tigation to protect for nonmetropolitan county) as determined by the Secretary of :. the interests of the United States. "" " " _ Housing and Urban Development in which the project is located H. The applicant further agrees that it wil be bound by the and contracts for work in connection with the project be awarded above equal opportunity clause with respe it to its own employ- business concerns which are located in, or owned in substantial -- ment practices when it participates in fede aly assisted con- ___, part by persons residing in the same metropolitan area (or nonmetropolitan county) as the project. - -. fr'!t ry�•G. "r'!1 '-'�.i i ��;i�. � 'r .�. . t i t rc�!L'�•`'i.`:1J {G `r.���r•, a f r.�sl(2 f � �'' '�. r `t ,.7- .•, "' ; ,•�,� .w .t r .1 i'.`.... .,,. •. t.. - 'Z ... �">('1 �, i:i. yl� 1'•1:i!�'•Y-•G7:���I'-i rid 8i:.�St ..ii5. F •,•n�•[�?]t{.13:':.i..^tJ.91' .•�2}� ' li, r31 r' 1� tt .:+-:- rfE R CIX1 •.� �•:'.:jAya lTalt,��a. 3J[. 1� r'J} 1 1f j . ;`.:;. ni ePY '^y r .I v J. • ,r.,, .` t `. J t �r, ,� % t � � � � r t•'4,• 3ni Yi.t r (t Jt , n : e t '. I e f , :"jell a t !O [+[. �r'•r.�l J 3 1 t t)r A i.) S'r, .*.'•i :,! , �a +?�:: Page 4 of 4 Pages I 1_ i .,, CONTRACTOR INFORMATION TO: City of Lubbock DATE: /D./ P.O. Box 2000 Lubbock, Texas 79457 PROJECT NUMBER CDwo : PROJECT NAME: 51,45ow 1. The undersigned, having submitted a bid to the City of. Lubbock for, the construction of the above identified project, certifies that: (a) The legal name and business address -(including zip " code) of the undersigned is: ,��'`Y7""',1/L�! 2. The undersigned is: (a) A single proprietorship (list sole owner) (b) A partnership (list all partners) ,- (c) Y A corporation (names of all principals and their titles) President: W,!5% gLI 6,414, y .., Vice -President: n Secretary -Treasurer: 04ON lE,4,c�r7l 3. The Taxpayer Identification Number for the undersigned is (whichever is applicable): "- (a) Employer Identification Number (Federal Identification Number): 7.5 14YZ%D6 (b) Social j Security Number: 4. If awarded the bid for the aforementioned project, the undersigned agrees to forward to the City of Lubbock within ten days after the execution of any subcontractor(s) a list of all sub4ontractors who will be employed on said project. This list will consist of the subcontractor's legal name and business address. j Contract r Date ,:. BY: - Il 1 r PRELIMINARY STATEMENT OF WORK FORCE NEEDS CONTRACTOR'S NAME NATURE OF CONTRACT ADDRESS AMOUNT OF CONTRACT ANTICIPATED OCCUPATIONAL CATEGORIES TO BE UTILIZED ANTICIPATED NUMBER OF NON -TRAINEE POSITIONS ANTICIPATED NUMBER OF TRAINEE POSITIONS This form is to be completed by all contractors prior to signing any contract. i (THIS PAGE LEFT BLANK INTENTIONALLY) CONTRACT (THIS PAGE LEFT BLANK INTENTIONALLY) CONTRACT THE STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 24th day of January, 1991, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, and thereunto authorized to do so, hereinafter referred to as OWNER, and Knox, Gailey & Meador, Inc. of the City of Lubbock, County of Lubbock, and State of Texas, hereinafter referred to as CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any), the CONTRACTOR hereby agrees with the OWNER to commence and complete the construction of certain improvements described as follows: Bid #11034-SIDEWALKS FOR ARNETT BENSON & CHATMAN HILL ADDITIIONS IN THE AMOUNT OF $33,949.50. and all extra.work in connection herewith, under the terms as stated in the Contract Documents and at his (or their) own proper' cost and expense to furnish all materials, -. supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the Contract Documents, as defined in the General Conditions of the Agreement. The CONTRACTOR hereby agrees to commence work within ten (10) days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the Contract Documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the Contract in accordance with the proposal submitted therefor, subject to additions and deductions, as provided in the Contract Documents, and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this contract in five (6) counterparts, each of which shall be deemed an original, in the year and day first above mentioned. ATTEST: Ct Secretary APPROVED AS TO CONTENT: APPROVED AS TO ORM: ATTEST: Secretary CITY OF LUBBOCK, TEXAS Mayor COMPLETE ADDRESS: PO BOX 5736 LUBBOCK TX 79417 GENERAL CONDITIONS OF THE AGREEMENT (THIS PAGE LEFT BLANK INTENTIONALLY) INDEX TO GENERAL CONDITIONS 1. Owner 2. Contractor 3. Owner's Representative and Architect or Consulting Engineer 4. Contract Documents 5. Interpretation of Specifications or Drawings 6. Subcontractor 7. Assignment 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. Overtime Compensation Required by Contract Work Hours and Safety Standards Act (76 Stat. 357-360 Title 40 U.S.C., — Sections 327-332) 51. Employment of Apprentices/Trainees 52. Employment of Certain Persons Prohibited 53. Regulations Pursuant to So -Called "Anti -Kickback Act" 54. Complaints, Proceedings or Testimony by Employees 55. Claims and Disputes Pertaining to Wage Rates 56. Questions Concerning Certain Federal Statutes and Regu- lations 57. Final Completion and Acceptance 58. Final Payment 59. Correction of Work Before Final Payment for Work 60. Correction of Work After Final Payment 61. Payment Withheld 62. Delayed Payment 63. Time of Filing Claims 64. Arbitration 65. Abandonment by Contractor 66. Abandonment by Owner 67. Losses from Natural Causes 68. Independent Contractor 69. Cleaning Up 70. Contractor's Right to Terminate 71. Right of the Owner to Terminate Contract 72. Breach of Foregoing Federal Labor Standards Provisions 73. Interest or Member of or Delegate to Congress 74. Other Prohibited Interests 75. Special Equal Opportunity Provisions 76. Certification of`Compliance with Air and Water Acts 77. Special Conditions Pertaining to Hazards Safety Standards and Accident Prevention 78. Nondiscrimination against the handicapped (Sec. 504) GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word "Owner", or the expression "Party of the First Part", or "First Party", are used in this Contract, they shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word "Contractor", or the expression "Party of the Second Part", or "Second Party", are used, they shall be understood to mean the person, persons, co -partnership or corporation, to wit:KNOX, GAILEY & MEADOR, 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 Tony Reyes, Rehabilitation & Redevelopment of the' City of Lubbock, or to such other representative, supervisor or inspector as may be authorized by said Owner to act as Owner's Representative under this Agreement. Owner's Representative may designate engineerings, supervisors or inspectors wh will act for Owner ^- under the direction of Owner's Representative, but such engineers, supervisors or inspectors shall not directly supervise the Contractor or men acting in behalf of the Contractor. The Owner's Representative shall have authority to approve change orders involving a decrease or increase in cost of Five Thousand ($5,000.00) Dollars or less. b. owner has designated Tony Reyes, Rehabilitation & Redevelopment to perform the duties of Architect or Consulting Engineer on the project to be constructed pursuant to this Contract. The Architect or Consulting Engineer will administer this Contract during construction and until final payment is due or until the Owner's Representative terminates, modifies or limits the duties which are the responsibility of the Architect as hereinafter set forth, in which case the Owner's Representative or his appointed agent shall perform any duties so terminated, limited or modified. The word "Architect" when used in this agreement shall mean either Architect or Consulting Engineer. 4. CONTRACT DOCUMENTS The Contract's Documents shall consist of the Notice to Bidders, Information for Bidders, Bid Proposal, Singed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Exhibits A and B to the General Conditions, Special Conditions of the Agreement (if any), Specifications, Drawings, Insurance Certificate and all other documents made available to Bidder for his inspection in accordance with the Notice to Bidders, as well as all Addenda issued prior to the execution of the 1 Signed Agreement, and all Modifications, such as Change Orders, written interpretations and written orders for minor changes in the work which are issued by the Architect as hereinafter authorized. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the work. The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. Work not covered in the Contract Documents will not be required unless it is consistent therewith and reasonably inferable therefrom as being necessary to produce the intended results. In the event Special Conditions are contained herein as part of the Contract Documents and said Special Conditions conflict with any of the General Conditions contained in this Contract, then in such event the Special Conditions shall control. The Contract Documents shall not be construed to create any contractual relationship of any kind between the Architect and the Contractor. 5. INTERPRETATION OF SPECIFICATIONS OR DRAWINGS Whenever in the Specifications or Drawings accompanying this Agreement the terms of description of various qualities relative to finish, workmanship or other qualities of similar kind which cannot, from their nature, be specifically and clearly described and specified, but are necessarily described in general terms, the fulfillment of which must depend on individual judgment, then, in all such cases, any question of the fulfillment of said Specifications or Drawings shall be decided by the Architect, and said work shall be done in accordance with his interpretations of the meaning of the words, terms or clauses defining the character of the work. 6. SUBCONTRACTOR A subcontractor is a person or entity who has a direct contract with the Contractor to perform any of the work at the site. The Contractor may utilize the services of specialty subcontractors on those parts of the work which, under normal contracting practices, are performed by specialty subcontractors. The Contractor shall not award any work to any subcontractor without prior written approval of the Owner's Representative, which approval will not be given until the Contractor submits to 2 the Owner a written statement concerning the proposed award to the subcontractor, which statement shall contain such information as the Owner may require. The Contractor shall be as fully responsible to the Owner for the acts and omissions of his subcontractors, and of persons — either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the Contractor by the terms of the General Conditions and other Contract Documents insofar as applicable to the work of the subcontractors and to give the Contractor the same power to terminate any subcontract that the Owner may exercise over the Contractor under any provision of the Contract Documents. Nothing contained in this Contract shall create any con- tractual relation between any subcontractor and the Owner or the Architect, and said subcontractor will look exclusively to the Contractor For any payments due subcontractor. 7. ASSIGNMENT The Contractor agrees that he will retain personal control "! and will give his personal attention.to the fulfillment of this Contract. The Contractor further agrees that assignment of any portion or feature of the work or materials required in the �- performance of this contract shall not relieve him from his full obligations to the Owner, as provided by this Contractual Agreement. 8. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to -the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to him who gives the notice. All directions, instructions or notices required or autho- rized to be given under these Contract Documents from the Owner, Owner's Representative or Architect to the Contractor shall be in writing.. 9. WORK The work comprises the completed construction required by the Contract Documents and includes all labor necessary to produce such construction, and all materials and equipment incorporated or to be incorporated in such construction. - 3 _ ' Unless otherwise stipulated, the Contractor shall provide and pay for all materials, -supplies, machinery, equipment, tools, superintendence, labor, insurance and all water, light, power, fuel, transportation and all other facilities necessary for -the execution and completion of the work covered by the C-ontract Documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfac- tory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meanings shall be held to. refer to such recognized standards. All work shall be done and all materials furnished in strict conformity with the Contract Documents or any other information or instructions conveyed to the Contractor. 10. SUBSTANTIALLY COMPLETED The term "Substantially Completed" means that the structure or project contemplated by the Contract Documents has been made suitable fo.r 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) onP 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 - 0 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, mark- 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 .a. 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 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 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 this Contract. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at the Contractor's expense. The Contractor shall promptly correct any work rejected by the Owner's Representative or Architect as defective or as - failing to conform to the Contract Documents, whether observed before or after substantial completion and whether or not fabricated, installed or completed, and shall correct any work found to be defective or nonconforming within a period of one year from the date of substantial completion of the Contract, or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents. The provisions of this Section apply to work done by subcontractors as well as to work done by direct em- ployees of the Contractor. The Contractor shall bear all costs of correcting such rejected work, including compensation for the Architect's additional services made necessary thereby. If the Contractor fails to correct defective work as required, or persistently fails to carry out the work in accor- dance with the Contract Documents, the Owner's Representative, by a written order signed personally or by an a9ent 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 - - f-- Owner to do so unless the Owner has previously given the Con- tractor a written acceptance of such condition. This obligation �^ shall survive termination of the Contract. The Owner shall give such notice promptly after discovery of the defect. 24. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of ^� this Contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this Contract; otherwise, such additional work shall be paid for as -� provided under extra work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used and for any actual loss occasioned by such change due to actual expenses incurred in preparation for the work as originally planned. 25. EXTRA WORK The term "extra work" as used in this Contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or Contract Documents and not covered by the Contractor's proposal, except as provided under changes and alterations herein. r-- 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 (151'a) percent. In the event said extra work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and labor- ers, and materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workmen's Compensation and all other insurances as may be required by law or ordinances or directed by the Owner's Repre- sentative or Architect, or by them agreed to. Owner's Represen- tative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Represen- tative or Architect may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon or specified, the prices for the use of machinery and equipment shall be determined by using 1000, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (150) of the actual field cost to be paid to the Con- tractor shall cover and compensate him for his profit, overhead, general superintendence, and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such extra work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by the Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which he should receive compensation or an adjustment in the construction time, he shall make a written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does. not constitute extra work, or as to the payment therefor, and the Owner's Representative insists upon its performance,'the Contractor shall proceed with the work after making a written request for a written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under - 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 r- 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 w 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 - 14 - r- 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. r- (8) Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. The Contractor shall obtain an Owner's Protective or Contingent Public Liability Insurance policy naming the City of Lubbock as an additional insured and the amount of such policy shall be as follows: $ 500,000 for bodily injuries, including accidental death, to any one person, but limited to $ 5002000 per occurrence, and $ 1002000 for property damage.. The Contractor shall obtain a Contractor's Protective (Contingent) Liability Insurance policy and the amount of said policy shall be as follows: In an amount not less than $ 300,000 for bodily injuries, including accidental death, to any one person, but not less than $ 500 000 per occurrence and in the amount of not less than 3009000 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 $ 250,000 for injuries, including accidental death, to any one person, but not less than $ 500,000 per occurrence, and in the amount of not less than $ 100,000 for property damage. (D) Proof of Coverage Before work on this Contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval three (3) certificates of insurance covering each insurance policy carried and offered as evidence of compli- ance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. - - 16 - (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." - 18 - The Contractor agrees that said work shall be prosecuted regularly, diligently and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed by and between the Contractor and the Owner that the time for the completion of the work described herein is a reasonable time for the comple- tion of the same, taking into consideration the average climatic *-- range and usual industrial conditions prevailing in the locality. If the said Contractor shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree, as a part of the consideration for the awarding of this Contract, to pay to the Owner the amount specified in the Bid Proposal, not as a penalty, but as liquidated damages for such breach of Contract as hereinafter set forth,.for each and every calendar day that the Contractor shall be in default after .— the time stipulated in the Contract for completing the work. The said amount is fixed and agreed upon by and between the - Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain, and said amount is agreed to be the amount of damages which the Owner would sustain, and said amount shall be permanently retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence for each and every portion of this Contract and of the specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where, under the Contract, additional time is allowed for the completion of any worst, 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 r-:;;,Ie and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of section 33 hereinabove set forth, and that he shall not be entitled to, nor will he request, an extension of time on this Contract, except when his work has been delayed by an act or neglect of the Owner, Owner's Representative, the Architect, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walk -outs, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for an extension of time, submitting therewith all written justifica- tions as may be required by the Owner's Representative for such an extension. The Owner's Representative within ten (10) days after receipt of a written request for an extension of time by - 20 - the Contractor, supported by all requested documentation shall then submit such written request to the City Council of the City --, of Lubbock for its consideration. Should the Contractor disagree with the action of the City Council, such disagreement shall -be settled by arbitration as hereinafter provided. 36. HINDRANCE AND DELAYS In executing this Agreement, the Contractor agrees that in "^ undertaking to complete the work within the time herein fixed, he has taken into consideration and made allowances for all hin- drances and delays incident to such work, whether growing out of delays in securing material or workmen or otherwise. No charge shall.be.made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this Contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event such expense, as in the judgment of the Owner's Representative is caused by such stoppage, shall be paid by Owner �-^ to Contractor. 37. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this Contract is let on a unit price basis, then Owner and Contractor agree that this Contract, including the specifications, drawings and other Contract Documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this Contract, they are approximations and are to be used only as a basis for estimating the probable cost of the work and for comparing their proposals offered for the work. It is understood and agreed that the actual amount of work to be done and the materials to be furnished under this Contract may �- differ somewhat from these estimates, and that where the basis for payment under this Contract is the unit price method, payment shall be for the actual amount of work done and materials .., furnished on the project. 38. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way en- countered and which may be injured or damaged by any process of construction to be undertaken under this Agreement, and he shall be liable for any and all claims for such injury or damage on account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the Owner against any claim or claims for damages due - 21 - to any injury to any adjacent or adjoining property arising or growing out of the performance of this Contract, but such indemnity shall not apply to any claim of any kind arising out of the existence or character of the work. 39. PRICE FOR WORK In consideration of furnishing all necessary labor, equip- ment and material and the completion of all work by the Contrac- tor, and on the delivery of all materials embraced in this Contract in full conformity with the specifications and stipu- lations herein contained, the Owner agrees to pay the Contractor the price set forth in the proposal attached hereto, which has been made apart 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 FS(IMATES 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. A- 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 puir„oe 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 (51) 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 50A) 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 Lu 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 r' 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 �ko 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 nights as may be afforded it under this Contract, shall withhold from the Contractor, out of any payments due the Contractor, so much thereof as the Local Public Agency or Public Body may consider necessary to pay such laborers or mechanics the full amount of wages required by this Contract. The amount so withheld may be disbursed by the Local Public Agency or Public Body, for and on account of the Contractor or the subcontractor (as may be appropriate), to the respective laborers or mechanics to whom the same is due, or on their behalf to plans, funds or programs for any type of*fringe benefit prescribed in the applicable determination. 48. ANTICIPATED COSTS OF FRINGE BENEFITS If the Contractor does not make payments to a trustee or other third person, he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably antici- pated in providing fringe benefits under a plan or program of a type expressly listed in the wage determination decisions of the Secretary of Labor, which are a part of this Contract: Provided, the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the Contractor to.set aside, in a separate account, assets for meeting the obligations under the plan or program. A copy of any findings made by the Secretary of Labor in respect to fringe benefits 27 _ being provided by the Contractor must be submitted to the Local Public Agency or Public Body with the first payroll filed by the Contractor subsequent to receipt of the findings. ..,-4.9...,-F,RI..NhE..ZENEF.ITS...NOT..EXPRESSE D..AS .H0UR.LY WA BE 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 DOMME 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. r- 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. 1089 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 labor 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 - 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 P^ 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 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 - r" I - arbiter shall be a resident of the City of Lubbock. Should the party demanding arbitration fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse,- and the decision of the Owner's Representative shall be final and binding on him Should the other party fail to choose an arbiter within ten (10) days, the Owner's Representative shall appoint such arbiter. Should either party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the arbiters are empowered by both parties to take Ex Parte Proceedings. The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the Contract, unless either or both parties shall appeal within ten (10) days from date of the award by the arbiters, and it is hereby agreed that each party shall have the right of appeal, and all proceedings shall be according to and governed by the Arbitration Statutes of Texas, being Article 224, et seq., Vernon's Annotated Civil Statutes. THE DECISION OF THE ARBITERS UPON ANY QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT SHALL BE A CON- DITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION. The arbiters, if they deem the case demands it, are autho- rized to award the party whose contention is sustained such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The arbiters shall fix their own compensation, unless otherwise provided by agreement, and shall assess the costs and charges of the arbitration upon either or'both parties. The award of the arbiters must be made in writing and shall not be open to objection on account of the form of proceedings or award. 65. ABANDONMENT BY CONTRACTOR In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner's Representative or Architect, or if the Contractor fails to comply with the orders of the Architect, when such orders are consistent with this Contract, or the Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the Contract for work, may be held for use on the work by the Owner or the Surety of the Contractor or another Contractor in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under. Section 25 of this - 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 hereihabove 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 said final statement as due the Contractor under the terms of this Agree- ment. 67. LOSSES FROM NATURAL CAUSES Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circum- stances and the prosecution of the same, or from unusual obstruc- tions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 68. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor, with full, complete and exclusive power and authority to direct, supervise and control his own employees and to determine the method for performance of the work covered by this Contract. The fact that the Owner's Representative or Architect shall have the right to observe Contractor's work during its performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner, Owner's Representative or Architect hereunder, is not intended to and shall not at any time change or affect the status of the 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 rata payment for work actually performed, the amount of such payment to be assessed by - 38 - ' 1 the Owner. Should the Contractor choose not to terminate, even though cause exists under this provision, liquidated damages as set forth herein shall in no way be affected. 71. RIGHT OF THE OWNER TO TERMINATE CONTRACT In the event that any of the provisions of this Contract are violated by the Contractor, or by any of his subcontractors, the Owner may serve written notice upon the Contractor and the Surety of the Owner's intention to terminate the Contract, such notices to contain the reasons for such intention, and unless within ten (10) days after the serving of such notice upon the Contractor, such violation or delay shall cease and satisfactory arrangement of correction be made, the Contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, the Owner shall immediately serve notice thereof upon the Surety and the Contractor, and the Surety shall have the right to take over and perform the Contract: Provided,. however, that if the Surety does not commence performance thereof within then (10) days from the date of the mailing to such Surety of notice of termination, the Owner may take over the work and prosecute the same at the expense of the Contractor and the ® Contractor and his Surety shall be liable to the Owner for any excess cost occasioned the Owner thereby, and in such event the Owner may take possession of and utilize in completing the work such materials, appliance and plant as may be on the site of the work and necessary therefor. 72. BREACH OF FOREGOING FEDERAL LABOR STANDARDS PROVISIONS In addition to the causes for termination of this Contract as herein elsewhere set forth, the Local Public Agency or Public .- Body reserves the right to terminate this Contract if the .Contractor or any subcontractor whose subcontract covers any of the work covered by this Contract shall breach any of these Federal Labor Standards Provisions. A breach of these Federal Labor Standards Provisions may also be grounds for debarment, as provided by the applicable regulations issued by the Secretary of Labor. A breach of Section 45 and the Federal Labor Standards Provisions may be grounds for termination of the Contract, and for debarment as provided in 29 CFR 5.6. 73. INTEREST OR MEMBER OF OR DELEGATE TO CONGRESS No member of or Delegate to Congress or Resident Commissioner shall be admitted to any share of this Contract or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this Contract if made with a corporation for its general benefit. 74. OTHER PROHIBITED INTERESTS -- No official of the Owner who is authorized in such capacity and on behalf of the Owner to negotiate, make, accept or approve, r.- 39 or to take part in negotiating, making, accepting or approving any architectural, engineering, inspection, construction or - material supply contract or any subcontract in connection with the construction of the project shall become directly or in- directly interested personally in this Contract or in any part hereof. No officer, employee, architect, attorney, engineer or inspector of or for the Owner who is authorized in such capacity and on behalf of the Owner to exercise any legislative, execu- tive, supervisory or other similar functions in connection with the construction of the project shall become directly or indi- rectly interested personally in this Contract or in any part thereof, any material supply contract, subcontract, insurance - contract or any other contract pertaining to the project. 75. SPECIAL EQUAL OPPORTUNITY PROVISIONS A. Activities and Contracts Not Subject to Executive Order 11246, as Amended. (Applicable to Federally assisted construction con- tracts and related subcontracts under $10,000) During the performance of this Contract, the Contractor agrees as follows: (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor shall take affirmative action to ensure that applicants for employment are employed, and that employees are treated during employ- ment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensa- tion; and selection for training, including apprenticeship. (2) The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contracting Officer setting forth the provisions of this nondiscrimination claust. 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 - r-, 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 b'y 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 co his books, records and accounts by the Department and the Secretary of Labor for purposes of investigation to ascer- tain compliance with such rules, regulations and orders. (6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract, or with any of such rules, regulations or orders, this Contract may be cancelled, terminated or suspended in whole or in part, and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contract procedures authorized in Executive Order 11246 of - 41 - September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by laws. (7) The Contractor will include the portion of the sentence immediately preceding paragraph B(1) of -this Section, and the provisions of paragraphs (1) through (7) which -follow, in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontractor or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncom- pliance: Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department, the Contractor may request the United States to enter such litigation to protect the interest of the United States. C. "Section 3" Compliance in the Provision of Training, Employment and Business Opportunities: (Applicable to Federally assisted construction con- tracts and related subcontracts exceeding $10,000) During the performance of this Contract, the Contractor agrees as follows: (1) The Contractor agrees to comply with the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 USC 170(u)), as amended,. the HUD regulations issued pursuant thereto at 24 CFR Part 135, and any applicable rules and orders of HUD issued thereunder. (2) The "Section 3" set forth in 24 CFR 135.20(b) shall form part of this Contract, as set forth in Paragraph 1 of the General Conditions, "Contract and Contract Documents." (3) Contractors shall incorporate the "Section 3 clause" shown below and the foregoing requirements in all subcontracts. Section 3 Clause as set forth in 24 CFR 135.20(b) A. The work to be performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the - 42 - greatest extent feasible opportunities for training and employment be given lower income residents of the project area, and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. B. The parties to this Contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development and set forth in 24 CFR 135.20(b), and all applicable rules and orders of the Department issued thereunder, prior to the execution of this Contract. The parties to this Contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. C. The Contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause, and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. D. The Contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to a subcontract upon a finding that a Subcontrac- tor is in violation of regulations issued by the Secretary - of Housing and Urban Development, 24 CFR 135.20 (b). The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the .- subcontractor has been found in violation of regulations under 24 CFR 135.20 (b), and will not let any subcontract unless the subcontractor has first provided said Contractor with a preliminary statement of ability to comply with the requirements of these regulations. E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135.20(b), and all appli- cable rules and orders of the Department issued thereunder prior to the execution of the Contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR 135.20(b). - 43 - 76. CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS (Applicable to Federally assisted construction contracts and related subcontracts exceeding $100,000) Compliance with Air and Water Acts During the performance of this Contract, the Contractor and all subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., and the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended. In addition to the foregoing requirements, all non- exempt contractors and subcontractors shall furnish to the Owner the following: (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 ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS SO-CALLED "ANTI-KICKFACK ACT" AND REGULATIONS PROMULGATED PURSUANT THERETO BY THE SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR TITLE 18, U.S.C., Section 874 (Replaces Section 1 of the Act of June 13, 1934 (48 Stat. 948, 40 U.S.C., Sec. 276b) pursuant to the Act of June 25, 1948, 62 Stat. 862) KICKBACKS FROM PUBLIC WORKS EMPLOYEES. Whoever, by force, intimidation, or threat of procuring dismissal from employment, or by any other manner whatsoever induces any person employed in the construction, prosecution, completion or repair of any public building, public work, or building or work financed in whole or in part by loans or grants from the United States, to give up any part of the compensation to which he is entitled under his contract of employment, shall be fined not more than $5,000 or imprisoned not more than five years, or both. SECTION 2 OF THE ACT OF JUNE 13, 1934, AS AMENDED (48 Stat. 948, 62 Stat. 862, 63 Stat. 108, 72 Stat. 967, 40 U.S.C., Sec. 276c) The Secretary of Labor shall make reasonable regulations for contractors and subcontractors engaged in the construction, prosecution, completion or repair of public buildings, public _ works or buildings or works financed in whole or in part by loans or grants from the United States, including a provision that each contractor and subcontractor shall furnish weekly a statement with respect to the wages paid each employee during the preceding week. Section 1001 of Title 18 (United States Code) shall apply to such statements. Pursuant to the aforesaid Anti -Kickback Act, the Secretary of Labor, United States Department of Labor, has promulgated the regulations hereinafter set forth, which regulations are found in Title 29, Subtitle A, Code of Federal Regulations, Part 3. The term "this part," as used in the regulations hereinafter set forth, refers to 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, 1961 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. 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-CA.LLFD "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 139 1934, AS AMENDED (48 Stat. 948, -" 62 Stat. 8621 63 Stat. 108, 72 Stat. 967, 40 U.S.C., Sec. 276c) The Secretary of Labor shall make reasonable regulations for contractors and subcontractors engaged in the construction, prosecution, completion or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States, including a provision that each contractor and subcontractor shall furnish weekly a statement with respect to the wages paid each employee during the preceding week. Section 1001 of Title 18 (United States Code) shall apply to such statements. Pursuant to the aforesaid Anti -Kickback Act, the Secretary of Labor, United States Department of Labor, has promulgated the regulations hereinafter set forth, which regulations are found in Title 29, Subtitle A, Code of Federal Regulations, Part 3. The term "this part," as used in the regulations hereinafter set forth, refers to 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 M Section 3.1 Purpose and scope. This part prescribes "anti -kickback" regulations under Section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c), popularly known as the Copeland Act. This part applies to any contract which is subject to Federal wage standards and which is for the construction, prosecution, completion, or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States. The part is intended to aid in the enforcement of the minimum wage provisions of the Davis -Bacon Act and the various statutes dealing with Federally -assisted construction that contain similar minimum wage provisions, including those provisions which are not subject to Reorganization Plan No. 14 (e.g., the College Housing Act of 1950, the Federal Water Pollution Control Act, and the Housing Act of 1959), and in the enforcement of the overtime provisions of the Contract Work Hours Standards Act whenever they are applicable to construction work. The part details the obligation of contractors and subcontractors relative to the weekly submission of statements regarding the wages paid on work covered thereby; sets forth the circumstances and procedures governing the making of payroll deductions from the wages of those employed on such work; and delineates the methods of payment permissible on such work. Section 3.2 Definitions. As used in the regulations in this part: (a) The terms "building" or "work" generally in construction activity as distinguished from manufacturing, furnishing of materials, or servicing and maintenance work. The terms include, without limitation, buildings, structures, and improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals; dredging, shoring, scaffolding, drilling, blasting, excavating, clearing, and landscaping. Unless conducted in connection with and at the site of such a building or work as is described in the foregoing sentence, the manufacture or furnishing of materials, articles, supplies, or equipment (whether or not a Federal or State agency acquires title to such materials, articles, supplies, or equipment during the course of the manufacture or furnishing, or owns the mate- rials from which they are manufactured or furnished) is not a "building" or "work" within the meaning of the regulations in this part. ram.. (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. ria (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 the employee work is to be the obtaining for in a bona contractor or and deduction is either (1) voluntarily consented to by in writing and in advance of the period in which the done and such consent is not a condition either for of employment or its continuance, or (2) provided fide collective bargaining agreement between the subcontractor and representatives of its employees; (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 .r 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. 0 0- 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 Sid Opening (THIS PAGE LEFT BLANK INTENTIONALLY) 'P.pFNro,t U. S. Department of Housing and Urban Development Fort Worth Office, Region VI �� < 1600 Throckmorton P.O. Box 2905 9B,N OE"E, Fort Worth, Texas 76113-2905 NO J (2, � �c'd Mr. Chris Hooper City of Lubbock PO Box 2000 Lubbock, TX 79457 Dear Mr. Hooper: Subject: HUD Project Number B-90-MC-48-0022 Installation of Sidewalks on the 2800 Blocks of Dartmouth and Duke Lubbock (Lubbock County), Texas Enclosed is wage decision number TX90-28/434 (general wage decision), which currently includes one (1) modification, and is applicable to construction of the project cited above. General Wage Decisions have no expiration date; however, they are subject to modification and/or supersedeas action by the U. S. Department of Labor. It is important that each wage decision be verified as current by calling this office at (817) 885-5829 ten (10) days prior to bid opening. Any supersedeas decision or modification announced in the Federal Register ten (10) days prior to bid opening will be applicable to the subject project. If the contract has not been awarded within ninety (90) days after bid opening, any modifications announced prior to award of that contract will be effective. The applicable wage decision, including modifications, must be made a part of the bid documents (if any) or invitations for proposals, and made a part of every subsequent contract and subcontract for construction work on the project. The wage rates contained therein shall be the minimum wage rates to be paid under such contracts by contractors and subcontractors on the job. The Federal Labor Standards Provisions (HUD-4010) must also be included in all contracts, subcontracts, and any lower -tier subcontracts. We are enclosing a HUD-4010 form for your use. It is the Prime Contractor's responsibility to ensure inclusion of wage rates and labor standards provisions in all subcontracts. The recipient must hold a preconstructi.on conference with the principal contractor and all available subcontractors prior to start of construction, at which time they shall be advised of their responsibilities and obligations regarding the Federal Labor Standards Provisions and the wage decision contained in the contract documents. A copy of the Preconstruction Minutes must be kept in the City's files. Enclosed is a poster which is required to be posted in a prominent place on the job site, readily accessible to the workers, along with a copy of the wage decision. 2 We are also enclosing a Start Work Notice form which you should complete and return as notification when construction begins on the project. DHUD, Labor Relations, 6SL 1600 Throckmorton PO Box 2905 Fort Worth, TX 76113-2905 If you need additional information, please feel free to contact our Labor Relations staff at (817) 885-5829. Enclosures F y, . F rgus lati ns U.S. Department of Labor GENERAL WAGE DECISION NO. TX9O-28/4-;54 Supersedes General Wage Decision No. TX89-28 State: TEXAS *County(ies): Ector, Lubbock, Midland. Potter, Randall. Taylor. Tom Green 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) �, 1 June 22, 1990 1053-1055 U.S. Department of Labor Vol. 11 TX90-2a//-1"L Basic Hourly Rates *ASPHALT HEATER OPERATOR 7.35 *ASPHALT RAKER 7.30 *ASPHALT SHOVELER 6.40 *BATCHING PLANT WEIGHER 7.40 *CARPENTER 7.90 *CARPENTER HELPER 6.90 *CONCRETE FINISHER (PAVING) 8.40 *CONCRETE FINISHER HELPER (PAVING) 6.00 *CONCRETE FINISHER (STRUCTURES) - 7.90 *CONCRETE FINISHER HELPER (STRUCTURES) 7.05 *ELECTRICIAN 10.00 *FORM BUILDER (STRUCTURES) 7.75 *FORM SETTER HELPER (PAVING & CURB) 6.80 *FORM SETTER (PAVING & CURB) 8.25 *FORM SETTER (STRUCTURES) 8.20 *FORM SETTER HELPER (STRUCTURES) 6.75 *LABORER, COMMON 5.95 *LABORER, UTILITY 7.15 *MECHANIC 9.80 *MECHANIC HELPER 7.70 *OILER 6.90 *SERVICER 7.90 *PIPELAYER 6.90 *PIPELAYER HELPER 6.50 *REINFORCING STEEL SETTER (STRUCTURES) 7.65 *REINFORCING STEEL SETTER HELPER 7.55 *SPREADER BOX OPERATOR 7.00 *POWER EQUIPMENT OPERATORS: Asphalt Distributor 7.80 Asphalt Paving Machine 8.05 Broom or Sweeper Operator 6.20 Bulldozer 150 HP & Less 7.00 Bulldozer over 150 HP 7.*35 Concrete Paving Curing Machine 9.10 Concrete Paving Finishing Machine 9.00 Concrete Paving Grinder 8.50 Concrete Paving Float 9.10 Concrete Paving Saw 8.50 Concrete Paving Speader 9.10 Reinforcing Steel Machine 7.00 Slipform Machine 9.00 Crane, Clamshell, Backhoe, Derrick, Dragline. Shovel (less than 1 1/2 CY) 8.35 .Crane, Clamshell. Backhoe, Derrick. Dragline, Shovel (1 1/2 CY & Over) 9.45 Crusher or Screening Plant Operator 6.95 Foundation Drill Operator (Crawler Mounted) 8.00 Fountain Drill Operator (Truck Mounted) 10.50 Front End Loader (2 1/2 CY & less) 7.90 Mixer (16 CF & Less) 6.25 Mixer (over 16 CF) 7.50 Motor Grader Operator, Fine Grade 10.20 1054 (June 22, 1990). l� ` U.S. Department of Labor .. Tx90-28/S _- � Motor Grader Operator 9.50 Roller, Steel Wheel (Plant -Mix Pave- ment) 7.05 Roller. Steel Wheel (Other -Flat Wheel or Tamping) 6.75 Roller, Pneumatic (Self -Propelled) 6.10 Scrapers (17 CY & Less) 7.10 Scrapers (Over 17 CY) 7.35 Tractor (Crawler Type 150 HP & Less 7.05 Tractor (Crawler Type) over 150 HP 8.50 Tractor (Pneumatic) 80 HP & Less 6.65 Tractor (Pneumatic) over 80 HP 7.40 Traveling Mixer 6.15 Wagon Drill. Boring Machine or Post - Hole Driller Operator 9.75 *TRUCK DRIVERS: Single Axle. Light 6.30 Single Axle, Heavy 6.65 Tandem Axle or Semitrailer 6.75 Lowboy -Float 7.45 Transit -Mix 6.60 VIBRATOR (HAND TYPE) 6.90 WELDER 8.95 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). Federak-Labor Standards Provisions Applicability The Project or Program to which the construction work covered by this contract pertains is neing assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (1) Minimum Wages. All laborers and mechanics employed or work- ing upon the site of the work for under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent dedvctjon or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act 129 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 contractural 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(bj(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(aKlxiv); 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 penod. 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 classifica- tion for the time actually worked therein: Provided, That the employer's pay- roll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the con- tractor and its subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers. (if) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met (1) The work to be performed by the classification requested is not performed by a classification in the wage determination: and (2) The classification is utilized in the area by the construction industry, and (3) The proposed wage rate, including any bona fide fringe bene- fits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification of known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate). a report of the action taken shall be sent by HUD or its designee to the Administrator -of the Wage and Hour Division. Employment Standards Administration, U.S. Department of Laoor, Washington, D.C. 20210. The Administrator. or an authorized representative, will approve, modify, or disapprove every additional classifi- cation action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), U.S. Department of Housing OON and Urban Development i r HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee. to the Administrator for determination. The Administrator, or an authorized repre- sentative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Man- agement and Budget under OMB Control Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this con- tract from the first day an which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or snail pay another bona fide fringe benefit or an hourly cash equivalent thereof. (v) 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 cr mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met The Secretary of labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including 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 desig- nee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance• or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, dis- burse such amounts withheld for and on account of the contractor or sub- contractor to the respective employees to whom they are due. The Comp- troller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 3. (1) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name. address, and social security number of each such worker, his or her cor- rect classification, hourly rates of wages paid (including rates of contribu- tions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis-b: con Act), daily and weekly number of hours worked. deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or pro- gram described in Section 1(b)(2)(B) of the Davis -Bacon Act the contractor snail maintain records which show that the commitment to pmvide such Previous Edition is Obsolete HUD-4010 1,2.84) 7. Contractembrmination; debarment. A breach of the contract clauses,in 29 CFR 5.5 may be grounds for termination of the contract and for debar ment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Sacon and Related Act Requirements. All rul- ings and interpretations of the Davis -Bacon and Related Acts contained in. 29 ;FR Parts t. 3. and 5 are nere!n incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accor- dance with the procedures of the Department of Labor set forth in 29 CFR Parts 5. 6. and 7. Disputes within the meaning of this clause include dis- putes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (1) Certification of Eligibility. By entering into this contract the con- tractor certifies that neither it (nor he or she) nor any person or firm who has an interest to the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis - Bacon Act or 29 CFR 5.12(aj(1) or to be awarded HUD contracts or partici- pate in HUD programs pursuant to 24 CFR Part 24. fil No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. fill) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Crimnal Code, Section 1010, Title 18, U.S.C.. "Federal Housing Administration transactions", pro- vides in part' Whoever, for the purpose of...influencing in any way the action of such Administration... makes, utters or publishes any statement knowing the same to be false... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. 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 under this Contract to his employer. 8 Contract Work Hours and Safety Standards Act. As used in this para- graph. the terms -laborers" and "mechanics" include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employ- ment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours ;n such workweek unless such laborer or mechanic receives com- pensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is greater. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcon- tractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be com- puted with respect to each individual laborer or mechanic, including watchmen and guards. employed in violation of the clause set forth in sub- paragraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without pay- ment of the overtime wages required by the clause set forth in subpara- graph (1) of this paragraph. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an autho- rized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract or any other Federally -assisted con- tract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontrac- tor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or danger- ous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Con- tract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat 96). (3) The Contractor shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of labor shall direct as a means of enforcing such provisions. HUD-4010 (2-84) (THIS PAGE LEFT BLANK INTENTIONALLY) SPECIFICATIONS (TO BE PROVIDED BY ENGINEERS) (THIS PAGE LEFT BLANK INTENTIONALLY) DETAILS OF CONSTRUCTION' A. SITE CLEAR4NCE AND SUBGR.'DE PREPARATION Site clearance shall include the removal, haul and disposal of all ob- structions, including trees, shrubs, concrete slabs, and other obstruct- ions not anticipated or shown on the plans as being in the right of way of construction. Subgrade preparation shall include fill, excavation, disposal of excavated material, watering, rolling, compacting, and finishing to the lines and grades as shown on the plans, or as established by the Engineer. B. CONCRETE CONSTRUCTION Description This item shall consist of Portland Cement concrete as shown on the plans or as directed by the Engineer, and shall be constructed of a class as described in "Materials of Construction". Included in this item is subgrade preparation and site clearance. Setting Forms Forms for concrete shall be set to the lines and grades established by the engineer after the subgrade has been prepared. The forms shall be secured in such a manner that they will not move during the placing and working of the concrete. .The forms shall be cleaned and oiled prior to pouring concrete. Place-ment Sufficient concrete shall be placed to allow for shrinkage and have extra material for finishing. The concrete shall be floated and ' troweled. Concrete shall not be poured during sand storms. Concrete shall be protected to maintain temperatures of not less than 50 degrees F. for five (5) days after placement. If aggregate and water are heated, they shall not be heated above 175 degrees F. Concrete shall not be placed when the ambient temperature is 40 degrees F. or less and falling, but may be placed when the ambient temperature is 40 degrees F. and rising. It is further provided that concrete shall be placed only when general weather conditions, in the opinion of the engineer, are suitable. It shall be the responsibility of the contractor to anticipate as nearly as possible changes in weather conditions which would affect the placement and protection of the concrete, and to be prepared to protect freshly placed concrete when sudden changes in the weather make such protection necessary. Removing Forme Special care is required of the contractor in removing forms to prevent concrete damage. The contractor shall not place forms or pins on newly finished concrete. Loading.and unloading of forms from a truck shall be executed by two workmen. It is the responsibility of the contractor to remove warped forms before concrete is poured. When forms are defective, . they shall be removed from the job site and not returned until inspected by the Engineer. Curing All concrete work shall be protected from the sun and weather by covering with heavy water -proof paper or applying a liquid membrane coating. Replacement of Damaged Concrete When damage occurs, the section contain- ing the damaged portion shall be removed to the nearest joint and replaced with new construction. Concrete surface finish marred by vandals, rain, or sandstorms, during setting time, shall be immediately repaired with an approved epoxy material. C. BACRFILL AND CLEANUP Within 7 days after completion of any section the contractor shall clean, remove rubbish and temporary structures from the area, restore in an accept- able manner all property, both public and private, which ,has been damaged during the prosecution of the work and leave the site of the work in a neat and presentable condition throughout. 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 considered. The cleanup shall include the sloping, filling and shaping of the area as directed by the Engineer. The area shall be filled with good top soil. Care shall be taken during the backfill and cleanup process not to damage the concrete. Any damaged concrete will be removed and replaced at the expense of the contractor. MATERIALS OF CONSTRUCTION 1. GENERAL The following paragraphs give the specifications on the various materials which are to be used in this project. All materials are to be.subject to commercial laboratory tests, if required, and such tests,. unless otherwise specified, shall be paid for by the Owner. On minor items a certificate from the manufacturer may be required, certifying that the material or equipment meets the specifications for such material as specified herein. All materials shall be subject to the approval of the Engineer before being used. 2. CONCRETE A. Cement Cement shall conform to "Standard Specifications and -Test for Portland Cement, "A.S.T.M." Serial Designation C150, Type I and Type III, and shall be an approved brand. B. Aggregate Description Concrete aggregates shall consist of natural, washed and screened sand, and washed and screened gravel or clean crushed stone conforming to "Standard Specification for Concrete Aggregate, "A.S.T.M. Serial Description C-33-39 and item No. 360 of the Texas State Highway Specifications. Coarse aggregate for Class "C" Concrete Street Paving shall be crushed limestone (Brownwood Type). The aggregate shall be well graded from coarse to fine and shall be free from injurious amount of clay, soft or flaky materials, loam or organic impurities. All aggregate shall be approved by the Engineer before use. Maximum size of aggregate shall be 1-1/2 inches. Aggregate for concrete construction proposed to be used in this project shall have a loss not to exceed 18% when subjected to 5 cycles of the Magnesium Sulfate soundness test A.S.T.M. Designation C-88- 76. Stockpiles The location of all stockpiles of aggregate shall be approved by the Engineer prior to unloading as to zoning requirements, smoothness and compaction of the ground, and traffic conditions. Stockpiles of aggregate to be incorporated into the project shall be protected from dust by drift fences of any suitable material approved by the Engineer, when sandstorm possibilities exist. Care will be taken to prevent dusty conditions in the stockpile area from any sources. C. Water Water shall be clean, clear, free from oil, acid or organic matter and free from injurious amounts of alkali, salts or other chemicals. D. Concrete Materials Test Pre -Construction Tests The contractor will submit test certificates from an approved commercial laboratory on all aggregates proposed for use on this work. Tests should be made approximately 20 days before beginning the concrete operation. The contractor will submit in advance of construction the design mix and the result of compression tests made by a commercial laboratory. These will be made on each type of concrete mix design proposed for use on this project. Tests shall be made on 6 cylinders for each mix, 3 tested in 3 or 7 days, 3 tested at 7 or 28 days. Additional tests shall be furnished if material source is changed or if concrete used varies from the original design. The Engineer shall approve the mix design after the pre - construction tests have been completed. Construction Tests Tests of the aggregates and the concrete will be made by the Engineer during construction to determine conformity with the specifications. Test cylinders will be made in accordance with the Method of Making and Curing Concrete Compression and Flexure Test Specimens in the Field (ASTM Designation C-31). The specimens shall be cured under standard moisture and temperature conditions in accordance with requirements of ASTM C-31. Strength tests shall be made, in general, for each day's run or for each 50 cubic yards of concrete if a day's run greatly exceeds this amount but these tests may be made entirely at the discretion of the Engineer. Strength tests on Class "C" Concrete shall be made for approximately each 30 cubic yards or every third truck on each day's run. The costs of all such testing will be borne by the City but the Contractor shall cooperate in securing and storing samples and shall furnish all materials required for sampling. A strength test shall consist of five standard test cylinders made from a composite sample obtained in accordance with the requirements of ASTM Designation C-172. Two of the cylinders shall be tested at 3 or 7 days and at 7 or 28 days. The fifth cylinder shall be held available for subsequent testing, if determined necessary by the Engineer. The test result shall be the average of the t:•ro 7 or 28 day specimens, except that, if one specimen in the test shows manifest evidence of improper sampling, molding, or testing, it shall be discarded and the remaining two strengths averaged. Should more than one specimen representing a given test show definite defects, due to improper sampling, molding or testing, the entire test shall be discarded. The result of the 7 or 28 day strength tests shall be used as the basis for accepting or rejecting the concrete represented. The results of the 3 or 7 day strength tests will be compared with the 3 or 7 day strength of the preconstruction test cylinders for the type and slump of the concrete being produced. Should the 3 or 7 day strengths indicate a deficiency in the 7 or 28 day strengths, the Engineer may require a temporary change in proportions to correct such deficiency. Such change shall remain in effect until the 7 or 28 day strength of the material in question is determined, at which time the change shall become permanent or shall be rescinded, depending upon the results of the 7 or 28 day test. The engineer shall record the delivery ticket number.for the concrete and the exact location in the work at which each load represented by a strength test is deposited. E. Concrete Design Concrete.conforming to these specifications may be "Ready Mix" but transporting vehicles shall be operated such as to insure delivery and placement in forms without loss or segregation of ingredients and within one hour of mixing time. Continuous mixing during transit will be insisted upon. Mix Design All concrete for curb and.gutter, valley gutters, fillets and alley stubs, alley slabs, drainage channels,. inlet boxes, headwalls, and medians shall be Type I or Type III cement with 5% air entrainment. (±1-1/2 % tolerance) . -The concrete mix design shall be based on water -cement ratio, and shall be as follows for the different classes of concrete. Minimum Sacks Max. Gal. Max. Slump Class Cement per C.Y. water per sack in inches A 5 6.5 4 C 6 6 3 E 5.5 5.5 3 F 6 5.5 2 The concrete mix design for the different classes shall also be such that the compressive and flexural strength for each class shall not be less than the following: Class 3 day 7 day A --- 2100 C --- 3000 E 2500 3000 F 2900 3500 Minimum Average for any test 7 day beam strength 28 day --- 3000 600 3600 Any concrete failing to meet these strength requirements or air content shall be removed and replaced. Low Strength Concrete Any class of concrete incorporated in any part of the project which does not meet the strength requirements specified above,'shall be considered low strength concrete. Low strength concrete shall be removed and replaced at the expense of the Contractor. The Engineer shall determine the exact limits of any low strength concrete required to be removed and replaced under, the provisions of this paragraph. The methods to be used in removing and replacing such concrete shall be approved by the Engineer. F. Classification Unless otherwise shown:on the plans: Class A concrete shall be used for curb and gutter, drainage channels, medians, inlet boxes; headwalls and sidewalks; Class C concrete shall be used for concrete paving and valley gutters constructed in thoroughfare and collector streets; Class E concrete shall be used for valley gutters on streets other•than thoroughfares and collectors and for alley returns, alley paving and reinforced gutter sections; Class F concrete is used for railroad sections. G. Mixing All aggregates shall be accurately weighed or measured by volume. The concrete shall be mixed in an approved batch A-• mixer equipped with an accurate water measuring tank, and shall be mixed for one and one-half minutes after all material is in the mixer. "Ready Mixed" or "Transit' Mixed" concrete may be used. If used it shall conform to these specifications and the "Standard Specifications for Ready Mixed Concrete," A.S.T.M. Serial Designation C94-38 and Item No. 502 of the Texas State Highway Specifications. After mixing, the concrete shall be transported to the fo=s in a manner which will prevent separation or �. segregation of the aggregates and shall be placed without undue delay. It shall be deposited as nearly as practicable in its final position in order to avoid rehandling or flowing of the concrete. No water shall be added to the concrete to facilitate finishing. H. Curing Comrounds Compounds used to form an air tight membrane over fresh concrete surface for curing purposes shall conform to Item 531, Texas State Highway Specifications and "A.S.T.M." Serial Designation C-309. 3. STEEL REINFORCING A. Wire Mesh Wire mesh reinforcing shall conform to "Standard Specifications for Welded Steel Fabric for Concrete Reinforcement" ASTM Designation A-185. Mesh reinforcement shall be of the size shown on the plans. All reinforcement shall be permanently marked with grade identification marks or shall, on delivery, be accompanied by a manufacturer's guarantee of grade and compliance with these specifications. Reinforcement stored on the site shall be protected from accumulations of grease, mud or other foreign matter and from rust producing conditions and shall be free from rust, scale,,oil, mud or structural defects when incorporated into alley slab, or valley gutters. B. Bar Reinforcing Reinforcing steel to be used on this project shall conform to A.S.T.M. Designation A-432 and shall be deformed to A.S.T.M. 305 requirements unless otherwise shown on the plans. 4. JOINT MATERIAL A. Expansion Joint Materials Bituminous-premolded expansion joint material shall conform to Item No. 420.2 (a) of the Texas State Highway Department Specifications. Expansion joints shall be placed as shown on the plans or as directed by the Engineer. B. Joint Sealing material Joint sealing material shall be W.R. Meadows sof-seal. 5. FORMS Forms for curb and gutter and alley paving may be of wood or metal, of a section satisfactory to the Engineer, straight, free of warp, and a depth equal to the depth of the concrete section formed. Forms shall be constructed accurately to the line and grade as established in the field,.shall be adequately braced so that they will not move during the placing of the concrete, and shall remain in place at least twelve (12) hours after placing concrete. Forms shall be oiled with a light oil before each use and forms which are to be re -used shall be cleaned immediately after each use and maintained in good condition. Curb forms shall be such that the face of the curb can be formed by use of a face form held in place by steel templates. Forms used for curb shall meet all of the above specifications, except that face forms on curb radii may be omitted if a true section and an accurate flow can be obtained by other'methods approved by the Engineer. In no case will a concrete pour be started without the approval of the Engineer. No forms shall be placed until the subgrade is within inch (.111) of its finished grade. 6. BARRICADES AND SIGNS Barricades shall be constructed of clean, sound lumber, shall be of first-class workmanship, and all surfaces above ground shall be painted with an approved brand of white paint to secure thorough coverage and a uniform white color. In no case shall less than two coats be used. The paint for barricade stripes shall be reflective orange and reflective white. All dimension striping, lighting, painting, coloring and placement of barricades shall be in accordance to the details and design as set forth in the Texas Manual on UNIFORM TRAFFIC CONTROL DEVICES for Street and Highways, Part 11, issued in May, 1983. The Contractor shall maintain each barricade -in a neat acceptable condition and furnish replacements when necessary or requested by the Engineer. Each sign shall be displayed only for the specific purpose prescribed for it. Before any detour or temporary route is open to traffic all necessary Regulatory, Warning and Guide signs shall be in place. Signs required by temporary conditions or restrictions shall be removed immediately when those conditions cease to exist or the restrictions are withdrawn. Guide signs directing traffic ^ to and on temporary routes or detours shall be removed when no longer applicable. Important is standardization with respect to design and placement, and uniformity of application is equally important. Identical conditions should always be marked with the same type of sign, irrespective of where those particular conditions occur. All signs that are to convey their message during hours of darkness shall be reflectorized or illuminated. Signs for daytime use only may be non-reflectorized but a flourescent background material will be used for increased daytime , visibility if requested by the Engineer. Where there is serious interference from extraneous light sources, and a reflectorized sign is not likely to be ~- effective, an illuminated sign will be used. Construction warning signs shall have a black legend on an orange background and shall conform to the standards as to size, shape and color as outlined in the Texas Manual on UIIIFOR14 TRAFFIC CONTROL DEVICES mentioned above. Barricades, flares, and signs are a necessity in the construction involved in this contract. The provision of these items by the Contractor should be considered in the bid prices submitted, as no separate compensation will be made, unless indicated otherwise in the plans or the proposal. No work will be permitted on any project prior to installation of barricades or other warning devices at the beginning and end of the construction area. SPECIFICATIONS (THIS PAGE LEFT BLANK INTENTIONALLY) ARNETT BENSON SIDEWALK 16TH YEAR PROJECT 2800 DARTMOUTH & DUKE 2823 Dartmouth Remove 50' of 4' sidewalk on West end and remove old approach, reinstall 50' of 4' sidewalk and (2) 12' drive approaches. 2819 Dartmouth Remove sidewalk and install 50' of 4' sidewalk, and remove approach, reinstall 12' approach. 2817 Dartmouth Remove old sidewalk and install 50' of 4' sidewalk and 12' drive approach, remove old approach. 2815 Dartmouth Remove old sidewalk and install 50' of 4' sidewalk, remove old approach, install 12' approach. 2813 Dartmouth Remove 100' of damaged sidewalk and install 100' of 4' sidewalk, (2) 12' drive approaches on East and West. Remove approach on West. Pour sidewalk on line. 2807 Dartmouth Install 150' of 4' sidewalk and 20' drive approach. 2803 Dartmouth Install 50' of 4' sidewalk, 12' drive approach. 2801 Dartmouth Install 50' of 4' sidewalk and 132' of 4' sidewalk on East property. Pour 20' curb on North. 2802 Dartmouth Install 117' of 4' sidewalk on East. Remove old sidewalk and install 50' of 4' sidewalk on South. Cut tree roots. Install 12' approach on East front, install 4' lead walk. 2804 Dartmouth Install 50' of 4' sidewalk and 12' approach. Elevate lot with dirt to match lot to East. 2806 Dartmouth Remove West 50' of sidewalk and install 50' of 4' sidewalk and two 12' approaches. Remove old approaches. 2810 Dartmouth Remove old sidewalk, install 50' new and 12' approach. Remove old approach. Arnett Benson Sidewalk - 16th Yr. - 2800 Dartmouth & Duke Page 2 2812 Dartmouth Remove old sidewalk and install 50' of 4' sidewalk and 12' approach. Remove old approach. 2814 Dartmouth Install 50' of 4' sidewalk, 12' approach. 2816 Dartmouth Install 50' of 4' sidewalk, 12' approach (install divider). 2818 Dartmouth Install 50' of 4' sidewalk, 12' approach. 2820 Dartmouth Remove old sidewalk, install 50' of 4' sidewalk, 12' approach. Remove old approach. 2822 Dartmouth Remove 12' sidewalk, install new, 12' approach. Remove old approach. 2824 Dartmouth Remove old and install 50' of 4' sidewalk. DUKE STREET 2823 Duke Install 100' of 4' sidewalk, (2) 12' drive approaches. Install divider. 2819 Duke Install 50' of 4' sidewalk, 12' approach. 2817 Duke Install 50' of 4' sidewalk, 12' approach. 2815 Duke Install 50' of 4' sidewalk, 12' approach. Remove old sidewalk. 2813 Duke Install 50' of 4' sidewalk, 12' approach. 2811 Duke Install 50' of 4' sidewalk. 2809 Duke Install 50' of 4' sidewalk, 12' approach. Remove old approach. 2807 Duke Install 50' of 4' sidewalk. 2805 Duke Install 50' of 4' sidewalk, remove old and install 12' approach. Remove old approach. 2803 Duke Install 50' of 4' sidewalk, 12' approach. 2801 Duke Install 50' of 4' sidewalk, install 117' of 4' sidewalk on East. 2802 Duke Install 142' sidewalk on East and 50' of 4' sidewalk on front, 12' approach. Remove old approach. Arnett Benson Sidewalk - 16th Yr. - 2800 Dartmouth & Duke Page 3 2804 Duke Install 50' of 4' sidewalk, 12' approach. 2806 Duke Install 50' of 4' sidewalk, 12' approach, 4' lead walk. Remove old lead walk. 2808 Duke Install 50' of 4' sidewalk. 2810 Duke Remove old and install 50' of 4' sidewalk, 12' approach. 2812 Duke Install 50' of 4' sidewalk, cut old approach and install 12' approach. 2814 Duke Remove old sidewalk, install 100' of 4' sidewalk, two 12' approaches, 5' lead walk. Remove (2) approches and 5' lead walk. 2818 Duke Install 12' approach. Remove old approach. 2822 Duke Remove Elm tree, tree stump, remove old sidewalk, install 50' of 4' sidewalk, 12' approach, 4' lead walk. Remove lead walk. 2824 Duke Install 50' of 4' sidewalk. r°< ti of \ P� 1 o � S T. 57 54 .. 54 Z 8 7 6 5 4 3 2 r g cJ 0 17 w cr 15 14 9 10 !Iri�21 3(1415710 ry . 4 '9 P� P��. h�o S� �� .O / LEGEND ST. °;geoo f4afWR���® r I 14 +� 7 4 3 6 9 TIP! 12 13 14 15 t� S T. 11 8 7 6 5 4.1 2 1 9 - F- r 14 0 9 10 It 12 13 14 15 ! S. Z 5. 54 5a 50 O' Z 75' 75' IOd IOQ 100. i o 5 4 3 2 1 .J '+ e r 6 7 �• 8 9 10: o i _ .. rr •5 4 3 2 1 :, 0 0 M ` Z ' 2 I 6[7 7 8 9 10 5 4 3 2 1 a 6 [77, 8 9 1Q 5 4 3 2 I' 4 a 6 7 9 10 0 75 75 100' .. IOd^ Kim MOM i po I Z STREET gO Z O H rn O to to 08 60' Sd M 7 8�9 101IIg2 r I : z 6 5t4 312!1; m Y O1 7 8 9 toil „ N _ -C-d � = 1 F,Go 5 4 3 2 0 •� 50 150' 1615 4 36 7 8 19 11 .; 6 ~ 15e 150' « 27 28 29 CHATMAN HILL - BIRCH AVENUE SIDEWALK` 16TH YEAR PROJECT 2302 Birch Install 140' of 4' sidewalk on the north side to alley. 2306 Birch Install 50' of 4' sidewalk and 50' curb. -- 2308 Birch Install 50' of 4' sidewalk, one 12' drive approach. 2312 Birch Install 100' of 4' sidewalk and 12' curb. 2404 Birch Remove 50'.sidewalk and install 50' of 4' sidewalk and 12' approach, cut parking slab, remove old approach. 2406 Birch Cut curb and install 12' drive approach. 2412 Birch Install 50' 4' sidewalk 2414 Birch Install 50' 4' sidewalk. 2416 Birch Install 50' 4' sidewalk. 2418 Birch Install 50' 4' sidewalk. Attach to Church of Living God sidewalk. 2420 Birch Install 14' curb. 2510 Birch Remove 24' of 4' sidewalk and 24' drive approach, reinstall. Install 11' curb. 2301 Birch Install 140' of 4' sidewalk to alley. 2313 Birch Install 14' drive approach. 2309 Birch Install 50' of 4' sidewalk, 12' drive approach. 240.3 Birch Remove old sidewalk and install 5.0' of 4' sidewalk and 12' approach. 2405 Birch Remove old sidewalk, reinstall 50' of 4' sidewalk. Install 12' approach. 2413 Birch Install 200' of 4' sidewalk and two 12' drive approaches. 2507 Birch Install 75' of 4' sidewalk and 12' drive approach. 2509 Birch Install 50' of 4' sidewalk and 12' approach. Chatman Hill - Birch Ave. Sidewalk - 16th Yr. Page 2 23rd & Ash - Chatman Hill Entry Marker: Pour 50' of 6' curb back sidewalk to South. On North - pour 140' of curb back sidewalk, 6' to alley. Pour sidewalk around sign and street marker. Parks & Recreation will remove water meter and sprinkler system. Pour 1416" curb on NE end of property. IC.0 rAR11/i OtA {oOR1O� Aoo tv LOT I LOT i �f 4 1 rrY ] OTI .4A I {• !N f T. �Dell 0 0 A00. LOT S LOT S LOT 31 \I S �•. L _ it _ •m S♦ its in1. 00, o e O rP 9 9 10 l IS 4` • .o. I•. u • T • s,y FORT e 2 to x •� Ic WORTH :, z 5 o . T".� I �0 ao s m OT LOT I t { p ADc S - O t S eJ f 9 ,5 L.BBOCR COTTON OIL p Mt LL 7 COA M DO j ADM VMW LEGEND Sidewalkown■ I ! \ 1 � \ A iieD - S7Rr-CE F"2 16 'RN ,..•m. ELEMnN 211l( 1JIx • a I 2B It ^�G lu 2 CITY E AST 19TH. - Y M A I y ,lsm.d i + ] ` LAI /Iz A R r z n Ix R •' ,,, ode II 3 n j i ❑ „pfu' { 36 le • 41 19 z 45 ] i eo nrT LOT IT 9 \ \ i t I 12 S I rzA / 1 9 . 40 10 C. 15T 9 • \ 7A R6,• "Rm d B C21 STR T a+ M \ 52 z1 eD • .:•zI2zzTeea 9 s1 . 7 •48x6 R:x +y w g1l; e A 56 zz , 1 SS e _ S C 2T T•1 9T , •.•tr y e •, 4 IT ♦ . LO,11 I lo. `Is S7 L - IsS6 s•v 2T II . N 7 ` 1• PRONA00 J qOF t1t2,4 . �. 1 ..r10 •>er:• w .>• t•a .r 28 � Si a LOT 1 y 35 ADDITION ` ' ` s 24 x tat ] t r t, x• • 9�s ' 28 f � ��r•. 36 �•, LOT i a OfH V sooRirE—s�r�Z?�rcc ,__ 0% G PLAINS COO?CRATIVE OIL NO AO IJ 91 / 18 .1 T LOT 3 1� I + 1 ¢FF H 4 ��•C 1 � I 86 I ( ?AOp.• � 84 83 21 (THIS PAGE LEFT BLANK INTENTIONALLY) NOTICE OF ACCEPTANCE (THIS PAGE LEFT BLANK INTENTIONALLY) lOffice of Purchasing City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 B06-767-2167 February 14, 1991 Knox, Gailey & Meador, Inc. P.O. Box 5736 _ Lubbock, TX. 79417 SUBJECT: SIDEWALKS AT ARNETT BENSON/CHATMAM HILL ADDITIONS The City of Lubbock, having considered the proposals submitted and opened on the 10th day of January, 1991, for work to be done and materials to be furnished in and for: City of Lubbock Bid # 11034 Sidewalks at Arnett Benson/Chatman Hill Additions as set forth in detail in the Specifications, Plans, and Contract Documents for such work for the City of Lubbock; it -- appearing that your proposal is fair, equitable and to the best interest of said City, please take notice that said proposal was accepted by the City Council of the City of Lubbock on the January 24, 1991, at the bid price contained therein, subject to the execution of and furnishing of 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 percent (5%) bid security, submitted with your proposal, will be returned upon the execution of such contract documents and bonds within the above specified ten (10) day period. In the event you should fail to execute and furnish such contract documents and bonds within the time limit specified, said bid security will be retained by — the City of Lubbock. - - CITY OFAUBBOCK 'Gene Eads, C.P.M. Purchasing Manager