HomeMy WebLinkAboutResolution - 4446 - Contract - Pharr Contrsuction Co Inc - Playground Renovations, Various Parks - 04/14/1994Resolution No. 4446
April 14, 1994
Item #22
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Contract and all related documents by and
between the City of Lubbock and Pharr Construction Co., Inc. of Lubbock to furnish and install
all materials as bid for the Playground Renovations at Various City Parks, which contract is
attached hereto, which shall be spread upon the minutes of the Council and as spread upon the
minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in
detail.
Passed by the City Council this 14th day of April 1994.
ATTEST:
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Betty M. 'Johnson, City Secretary
APPROVED AS TO CONTENT:
Victor KilmAn, Purchasing Manager
APPROVED AS TO FORM:
Assistant City Attorney
D Q V:dpkocd=\PHARCONS.Ras
April 6. IM
CITY OF LUBBOCK
SPECIFICATIONS FOR
PLAYGROUND RENOVATION AT VARIOUS CITY PARKS
BID #12825
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CITY OF LT -fl -B -BOCK P
Lubbock, Texas
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E; City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
F 806-767-2167
Office of
Purchasing
MAILED TO VENDOR: February 9,1994
OLD CLOSE DATE: February 16,1994 AT 2:00 PM
NEW CLOSE DATE February 23,1994 AT 2:00 PM
BID #12825 - PLAYGROUND RENOVATION AT VARIOUS CITY PARKS
ADDENDUM # 1
Please modify or amend Contract Documents as follows:
1. Please change the prebid conference from:
Wednesday, February 9,1994 @ 10:00 A.M. to
Wednesday, February 16, 1994 @ 10:00 A.M.
Purchasing Conference Room L04, Municipal Building, 1625 13th Street
2. Please change the bid closing date from:
Wednesday, February 16, 1994 @ 2:00 P.M. to
Wednesday, February 23, 1994 @ 2:00 P.M.
All requests for additional information or clarification concerning this bid should be submitted in writing
and directed to Laura Ritchie, Buyer.
PLEASE RETURN ONE COPY WITH YOUR BID
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THANK YOU,
Laura Ritchie
Buyer
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City of Lubbock
P.O. box 2000
Lubbock, Texas 75457
606-767-2167
MAILED TO VENDOR.-
OLD
ENDOR:
OLD CLOSE DATE:
NEW CLOSE DATE:
RECEIVED
FEB 21 1994
J.R. PHARR
February 18, 1994
Office of
Purchasing
February 23,1994 AT 2:00 P.NL
March 2,1994 AT 2:00 P.M.
BID 012825 - PLAYGROUND RENOVATION AT VARIOUS CITY PARKS
ADDENDUM # 2
Please modify or amend Contract Documents as follows:
1. On the plans, sheet 1, a note should be added to read: Remove and do not reuse any
existing playground surface material that is not in the #3 to #5 size grade range.
2. On the plans, sheet 5, the repairs requested on the following page should be completed
and priced on the bid sheet as Alternate #1.
3. Noting the addition of Alternate #1, please replace the Bid Proposal Form from your bid
book with the attached corrected Bid Proposal Form. Please submit your bid on the
NEW Bid Proposal Form.
4. Please change the bid closing date:
FROM: February 23,1994 AT 2:00 P.M.
TO: March 2, 1994 AT 2.00 P.M.
All requests for additional information or clarification concerning this bid should be submitted in writing
and directed to Laura Ritchie, Buyer.
PLEASE RETURN ONE COPY WITH YOUR BID
THANK YOU,
Aute& fru.¢.,
Laura Ritchie
Buyer
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BID PROPOSAL
LUMP SUM PROPOSAL CONTRACT
PLACE:
DATE:
PROJECT NUMBER: 12825 - PLAYGROUND RENOVATION FOR
VARIOUS CITY PARKS
r Proposal of
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(hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter
called Owner)
7 Gentlemen:
The Bidder, in compliance with your invitation for bids for the
construction of a
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having
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u y examined the plans, specifications, instructions to
bidders, notice to bidders and all other related contract documents and the
site of the proposed work, and being familiar with all of the conditions
surrounding the construction of the proposed project including the
availability of materials and labor, hereby proposes to furnish all labor,
materials, and supplies; and to construct the project in accordance with
the plans, specifications and contract documents, within the time set forth
therein and at the price stated below. The price to cover all expenses
incurred in performing the work required under the contract documents.
BID ITEM #1:
MATERIALS:
SERVICES:
BUTLER PARK - EAST 4TH STREET AT ZENITH AVENUE:
TOTAL BID ITEM 1:
BID ITEM #2:
MATERIALS:
SERVICES:
CARTER PARK - NORTH LOOP 289 AT GLOBE AVENUE:
TOTAL BID ITEM 2:
^" BID ITEM #3: CHATMAN PARI{ - EAST 29TH STREET AT JUNIPER AVENUE:
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MATERIALS:
SERVICES:
TOTAL BID ITEM 3: _($ )
BID ITEM #4: GUADALUPE PARK - EAST 2ND STREET AT AVENUE P:
MATERIALS:
SERVICES:
TOTAL BID ITEM 4:
BID ITEM #5: LUSK PARK - EAST 25TH STREET AT OAK AVENUE:
MATERIALS:
SERVICES:
TOTAL BID ITEM 5: ($ )
BID ITEM #6: MAEDGEN PARK - AMHERST STREET AT BOSTON AVENUE:
MATERIALS:_
SERVICES:
TOTAL BID ITEM 6:
BID ITEM #7: WASHINGTON PARK - EAST 22ND STREET AT CEDAR AVENUE:
MATERIALS:
SERVICES:
TOTAL BID ITEM 7:
BID ITEM #8: HACKENZIE PARK - IH 27 AT 3RD STREET:
MATERIALS:
FSERVICES:
TOTAL BID ITEM 8:
r TOTAL MATERIAL:
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TOTAL SERVICES:
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TOTAL BID (ITEMS 1-8): ($ )
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ALTERNATE #1: RENOVATION AT MAEDGEN PARK AS NOTED ON SHEET 5 OF THE PLANS.
MATERIALS:
SERVICES:
($ )
TOTAL BID ALTERNATE 1: ($
r- (Amount shall be shown in both words and figures. In case of discrepancy,
j, the amount shown in words shall govern.)
Bidder hereby agrees to commence the work on the above project on or
before a date to be specified in a written "Notice to Proceed" of the Owner
and to fully complete the project within 150 calendar days thereafter as
stipulated in the specifications and othercontract ntract documents. Bidder
hereby further agrees to pay to Owner as liquidated damages the sum of
$100.00 (ONE HUNDRED DOLLARS) for each calendar day in excess of the time
set ort erein ove tor completion of this project, all as more fully set
forth in the general conditions of the contract documents.
Bidder understands and agrees that this bid proposal shall be
completed and submitted in accordance with instruction number 20 of the
General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or
7 all bids and to waive any formality in the bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn
7 for a period of thirty (30) calendar days after the scheduled closing time
E, for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of
the work and has carefully examined the plans, specifications and contract
documents pertaining to the work covered by this bid, and he further agrees
to commence work on or before the date -specified in the written notice to
proceed, and to substantially complete the work on which he has bid; as
provided in the contract documents.
Bidders are required, whether or not a payment or performance bond is
required, to submit a cashier's check or certified check issued by a bank
satisfactory to the City of Lubbock, or a proposal bondfrom a reliable
surety company, payable without recourse to the order of the City of
Lubbock in an amount not less than five percent (5% ) of the total amount
of the bid submitted as a guarantee that bidder will enter into a contract
and execute all necessary bonds (if required) within 10 days after notice
of award of the contract to him.
for Enclosed with this proposal is a Cashier's Check or Certified Check
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Proposal Bond in the sum of Dollars ($ ) or a
($ ), which it is agreed shall beDollars
.collected and retained by the
Owner as liquidated damages in the event the proposal is accepted by the
Owner and the undersigned fails to execute the necessary contract documents
and the required bond (if any) with the Owner within ten (10) days after
the date of receipt of written notification of acceptance of said proposal;
otherwise, said check or bond shall be returned to the undersigned upon
w: demand.
Bidder understands and agrees that the contract to be executed by
Bidder shall be bound and include all contract documents made availabl
him for his inspection in accordance with the Notice to Bidders. a to
Contractor
(Seal if Bidder is a Corporation)
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ATTEST:
r Secretary
4
BY:
CITY OF LUBBOCK
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SPECIFICATIONS
FOR
TITLE: PLAYGROUND RENOVATION AT VARIOUS CITY PARKS
ADDRESS: LUBBOCK, TEXAS
BID NUMBER: 12825
CDWO: 3113-593111-0001
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
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INDEX
1. NOTICE TO BIDDERS
2. INFORMATION FOR BIDDERS
3. BID PROPOSAL — BID FOR LUMP SUM CONTRACTS
4. BID PROPOSAL — BID FOR UNIT PRICE
5. PAYMENT BOND (FOR CONTRACTS IN EXCESS OF $25,000)
6. PERFORMANCE BOND (FOR CONTRACTS IN EXCESS OF
$25,000)
!' 7. CERTIFICATE OF INSURANCE
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8. HUD CERTIFICATIONS
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9. CONTRACT
1
10. GENERAL CONDITIONS OF THE AGREEMENT
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11. EXHIBITS
A. COPELAND ANTI—KICKBACK REGULATIONS
B. CURRENT WAGE DETERMINATIONS
12. SPECIAL CONDITIONS OF THE AGREEMENT
13. SPECIFICATIONS
I 14. SPECIAL CONDITIONS
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15. NOTICE OF ACCEPTANCE
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NOTICE TO BIDDERS
NOTICE TO BIDDERS
r CDWO 3113-593111-0001
COMMUNITY DEVELOPMENT BLOCK GRANT
CITY OF LUBBOCK
BID # 12825
Sealed proposals addressed to Laura Ritchie, Buyer, 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 16th day of February, 1994,
or as changed by the issuance of formal addenda to all
planholders, to furnish all labor and materials and perform all
work for the construction of the following project:
PLAYGROUND RENOVATION AT VARIOUS CITY PARKS
Bidders are also required to submit a signed certification in
compliance with Section 109 of Pub. L. 100-202 regarding
restrictions on the Award of Certain Contracts and Subcontracts
to Foreign Countries.
Bidders are required to submit a cashier's or certified check or
bid bond in the amount of 5% of the total bid and the, successful
bidder shall provide bond in full amount of the contract executed
by a surety company authorized to do business in Texas.
The above described project will be paid for in cash by the
Community Development Block Grant received by the City from the
Department of Housing and Urban Development. The contract for
this project must comply with all applicable Federal laws and
regulations including the payment of federal minimum wages under
the provision of the Davis -Bacon Act, and the compliance with the
provisions of equal employment opportunities and under Section 3
Affirmative Action and Executive Order 11246.
Plans and Specifications are on file at the Purchasing Office and
may be obtained at the office of the Purchasing Manager, Room L-
04, Municipal Building, 1625 13th Street, Lubbock, Texas, 79401.
There will be a pre-bid conference
o'clock a.m., Purchasing Conference
Building, 1625 13th Street.
on February 9. 1994 at 10:00
Room L-04, Municipal
CITY OF LUBBOCK, TEXAS
LAURA RITCHIE
Buyer
ADVERTISEMENT FOR BIDS
CDWO 3113-593111-0001
COMMUNITY DEVELOPMENT BLOCK GRANT
CITY OF LUBBOCK
BID # 12825
Sealed proposals addressed to Laura Ritchie, Buyer, 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 01clock p.m., on the 16th day of February, 1994,
or as changed by the issuance of formal addenda to all
planholders, to furnish all labor and materials and perform all
work for the construction of the following project:
PLAYGROUND RENOVATION AT VARIOUS CITY PARKS
Bidders are also required to submit a signed certification in
compliance with Section 109 of Pub. L. 100-202 regarding
restrictions on the Award of Certain Contracts and Subcontracts
to Foreign Countries.
Bidders are required to submit a cashier's or certified check or
bid bond in the amount of 5% of the total bid and the successful
bidder shall provide bond in full amount of the contract executed
by a surety company authorized to do business in Texas.
The above described project will be paid for in cash by the
Community Development Block Grant received by the City from the
Department of Housing and Urban Development. The contract for
this project must comply with all applicable Federal laws and
regulations including the payment of federal minimum wages under
the provision of the Davis -Bacon Act, and the compliance with the
provisions of equal employment opportunities and under Section 3
Affirmative Action and Executive Order 11246.
Plans and Specifications are on file at the Purchasing Office and
may be obtained at the office of the Purchasing Manager, Room L-
04, Municipal Building, 1625 13th Street, Lubbock, Texas, 79401.
There will be a pre-bid conference
01clock a.m., Purchasing Conference
Building, 1625 13th Street.
on February 9'..1994 at 10:00
Room L-04, Municipal
CITY OF LUBBOCK, TEXAS
�JtLt i L,
LAURA RITCHIE
Buyer
INFORMATION FOR BIDDERS
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 Victor Kilman, Purchasing Manger., City of Lubbock,
Texas until 2:00 o'clock p.m., on the 16th day of February, 1994
and then at said ottice publicly opene an readaloud. T e
envelopes containing the bids must be sealed, addressed to Laura
Ritchie, Buyer, at Municipal Building, 1625 13th Street, Room L-
04, Lubbock, Texas 79401 and designated as bid for PLAYGROUND
RENOVATION AT VARIOUS CITY PARKS.
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 subcontract
under this Contract must be acceptable to the Owner after
verification by the Community Development Department of the City
of Lubbock.
The bidder should submit to the Owner a list of proposed
subcontractors which consists of each subcontractor's legal name
and business address. Although there is no requirement that this
list be submitted with ab id, the Onwer requests that such list
be attached to said bid so that appropriate action can be taken
to preven subsequent delay in subcontract awards.
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4. Telegraphic Modification
Any bidder may modify his bid by telegraphic communication
at any time prior to the scheduled closing time .for receipt
of bids, provided such telegraphic communication is received -- by the Owner prior to the closing time and, provided
further, the Owner is satisfied that a written confirmation
of the telegraphic modification over the signature of the
bidder was mailed prior to the closing time. The telegra-
phic communication shou.ld not reveal the bid price but
should provide the addition or subtraction or other modi-
fication so that the final prices or terms will not be known
by the Owner until the sealed bid is opened. If written
confirmation is not received within two (2) days from the
closing time, no consideration will be given to the tele-
graphic modification.
5. Qualifications of Bidder
The Owner may make such investigations as he deems necessary
to determine the ability of the bidder to perform the work,
and the bidder shall furnish to the Owner all such informa-
tion and data for this purpose as the Owner may request.
The Owner reserves the right to reject any bid if the
evidence submitted by, or investigation of, such bidder
fails to satisfy the Owner that such bidder is properly
qualified to carry out the obligations of the Contract and
to complete the work contemplated therein. Conditional bids
will not be accepted. Bidder must be acceptable to the
Owner after verification by the HUD Area Office of the
bidder's current eligibility status.
6. Bid Security
Each bid must be accompanied by cash, certified check of the
bidder or a bid bond duly executed by the bidder and issued
by a surety company approved by the Owner, in the amount of
5% of the bid. Such cash, checks or bid bonds will be
returned to all except the three lowest bidders within three
(3) days after the opening of bids, and the remaining cash,
checks or bid bonds will be returned promptly after -the
Owner and the accepted bidder have executed the Contract,
or, if no award has been made within thirty (30) days after
the date of the opening of bids, upon demand of the bidder
at any time thereafter, so long as he has not been notified
of the acceptance of his bid.
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The successful bidder, upon his failure or refusal to execute and
deliver the Contract, Certificate of Insurance and bonds required
within ten (10) days after he has received notice of the acceptance of
his bid, shall forfeit to the Owner the security deposited with his
bid.
7. Time of Completion and Liquidated Damages
Bidder mus agree to commence work on or before a date to be specified
�^ in a written "Notice to Proceed" of the Onwer and to fully complete
F the project within One Hundred Fifty (150) calendar��Mthereafter.
Bidder must agree also to pay as liquidated damages te
the of One
Hundred ($100.00) Dollars for each calendar day thereafter in wIi'ich
the project is not u y completed.
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8. Conditions of Work
Each bidder must inform himself fully of the conditions relating to
the construction of the project and the employment of labor thereon.
Failure to do so will not relieve a successful bidder of his obigation
to furnish all material and labor necessary to carry out the
provisions of his Contract. Insofar as possible the Contractor, in
carrying out his work must employ such methods or means as will not
cause any interruption of or interference with the work of any other
contractor.
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 Laura Ritchie, Buyer, at P.O. Box 2000, Lubbock, Texas
79457, and to be given const eration 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 rospective bidders (at the respective
addresses furnished for such purposes), not later than three
(3) days prior to the date fixed for the opening of bids. Failure of
any bidder to receive any such addendum or interpretation shall not
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 bondsmust
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, municipalordinances and the rules'
and regulations of all authorities having jurisdiction over
construction of the project shall apply to the Contract
throughout, and they will be deemed to be included in the
Contract the same as though herein written out in full.
14. Obligation of Bidder
At the time of the opening of bids, each bidder will be
presumed to have inspected the site and to have read and to
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be thoroughly familiar with the plans and Contract Documents
as defined in the General Conditions. The failure or
omission of any bidder to examine any form, instrument or
document shall in no way relieve any bidder from -any
obligation in respect of his bid.
If Plans and Specifications are too bulky or cumbersome to
be physically bound to the Contract Documents, they are to
be considered incorporated by reference into the aforemen-
tioned Contract Documents.
,..
15. Texas State Sales Tax
S
This Contract is issued by
for exemption pursuant to
an organization which
the
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the Texas Limited Sales, Excise
provisions of
and Use Tax
Article
Act.
f^
The Contractor must obtain
tax permit which shall
a limited sales,
excise and use
enable him to buy the
incorporated into the work without paying the
materials to be
time of purchase.
,
tax at the
16. Materials and Workmanship
The intent of these Contract Documents is that only mate-
rials and workmanship of the best quality and grade will be
furnished. The fact that the specifications may fail to be
sufficiently complete in some detail will not relieve the
Contractor of full responsibility for providing materials of
high quality and for protecting them adequately until
incorporated into the project. The presence or absence of a
representative of the City on the construction site will not
relieve the Contractor of full responsibility for complying
with this provision. The specifications for materials and
methods set forth, in the Contract Documents provide minimum
standards of quality which the Owner believes necessary to
procure a satisfactory project.
17. Protection of the Work
The Contractor shall be responsible for the care, preser-
vation, conservation and protection of all materials,
supplies, machinery, equipment, tools, apparatus, acces-
sories, facilities and all means of construction, and any
and all parts of the work, whether the Contractor has been
paid, partially paid or not paid for such work, until the
date the City issues its certificate of completion to the
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Contractor. The City reserves the right, after the bids
have been opened and 'before the Contract has been awarded,
to require of a bidder the following information:
(a) The experience record of the bidder, showing completed
jobs of a similar nature to the one covered by the
proposed Contract and all -work in progress, with bond
amounts and percentage of work completed.
(b)A sworn statement of the current financial condition of
the bidder.
(c) An equipment schedule.
18. Protection of Subsurface Lines and Structures
It shall be the Contractor's responsibility to prosecute the
work contemplated by the Contract Documents in such a way as
to exercise due care to locate and prevent damage to all
underground pipelines, utility lines, conduits or other
underground structures which might or could be damaged by
Contractor during the construction of the project contem-
plated by these Contract Documents. The City of Lubbock
agrees that it will furnish Contractor with information as
to the location of all such underground lines and utilities
of which it has knowledge. However, such fact shall not
relieve the Contractor of his responsibilities aforemen-
tioned. All such underground lines or structures cut or
damaged by Contractor during the prosecution of the work
contemplated by this Contract shall be repaired immediately
by the Contractor .to the satisfaction of the City of
Lubbock,'Texas, at Contractor's expense.
19. Contractor's Representative
The successful bidder shall be required to have a respon-
sible local representative available at all times while the
work is in progress under this Contract. The successful
bidder shall be required to furnish the name, address and
telephone number where such local representative may be
reached during the time that th-e work contemplated by this
Contract is in progress.
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20. Provisions Concerning Escalator Clauses
Proposals submitted•containing any conditions which provide
for changes in the stated bid price due to increases in the
cost of materials, labor or other items required for the
project will be rejected and returned to the bidder without
being considered.
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BID PROPOSAL
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BID PROPOSAL
LUMP SUM PROPOSAL CONTRACT
PLACE: Lubbock
DATE: March 2, 1994
PROJECT NUMBER: 12825 - PLAYGROUND RENOVATION FOR VARIOUS CITY
PARKS
Proposal of
1Pharr Construction Co., Inc. d/b/a Pharr & Company
(hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter
called Owner)
Gentlemen:
The Bidder, in compliance with your invitation for bids for the
construction of a playground Renovation at Various City Parks
Bid #12825 DCWO #3113-593111-0001
having carefully examined the plans, specifications, instructions to
bidders, notice to bidders and all other related contract documents and the
site of the proposed work, and being familiar with all of the conditions
surrounding the construction of the proposed project including the
availability of materials and labor, hereby proposes to furnish all labor,
materials, and supplies; and to construct the project in accordance with
the plans, specifications and contract documents, within the time set forth
therein and at the price stated below. The price to cover all expenses
incurred in performing the work required under the contract documents.
HID ITEM #1: BUTLER PARK - EAST 4TH STREET AT ZENITH AVENUE:
MATERIALS:
Five Thousand Sixty -Three ----------------- — ($ 5,063.00 )
SERVICES: Wi rteen Thousand Eight Hundred.Twgnty -One----- ($ 13,821.00
TOTAL BID ITEM I: Eighteen Thousand Eight Hundred Eighty18,884.00
($ j
Four
BID ITEM #2: CARTER PARK - NORTH LOOP 289 AT GLOBE AVENUE:
MATERIALS: Three Thousand Six Hundred Fifty -Seven------ ($ 3,657.00 )
t
SERVICES: Eleven Thousand Eight Hundred One---------------- ($ 11, 801.00 )
r TOTAL BID ITEM 2: Fifteen Thousand Four Hundred Fifty -Eight ($15,458.00 )
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BID ITEM #3: CHATMAN PARI{ — EAST 29TH STREET AT JUNIPER AVENUE:
MATERIALS: Four Thousand One Hundred Six______________
----------------- Z_ ($ 4,106.00 )
SERVICES: Thirteen Thousand Five Hundred Ninety -Six -------
_ ($ 13,596.00 )
TOTAL BID ITEM 3: Seventeen Thousand Seven Hundred Two ------ 17,702.00 )
BID ITEM #4: GUADALUPE PARK - EAST 2ND STREET AT AVENUE P:
MATERIALS:
Three Thousand Four Hundred Ei ht -Ei ht-------_($ 3,488.00 )
SERVICES: Tthirteen Thousand Five Hundred Fort ----------------- ($ 13,540.00 )
TOTAL BID ITEM 4: Seventeen Thousand Twenty -Eight ------- -----
BID ITEM #5: LUSK PARK - EAST 25TH STREET AT OAK AVENUE;
MATERIALS: Two Thousand Two Hundred Fifty
-- ($ 2,250.00 }
SERVICES: Thirteen Thousand Thirty -Nine -------------------------
($13,039.00 )
TOTAL BID ITEM 5: Fifteen Thousand Two Hundred Ei ht -Nine-----
($ 15,289.00 )
BID ITEM #6: MAEDGEN PARK - AMHERST STREET AT BOSTON AVENUE;
t
MATERIALS•
r . Two Thousand Eight Hundred Thirteen------- ($ 2,813.00
SERVICES:
I - )
Eleven Thousand Seven Hundred Ninety -Six ----------------
($ 11,796.00 )
TOTAL BID ITEM 6: Fourteen Thousand Six Hundred Nine -----
-------
($ 14,609.00 )
BID ITEM #7: WASHINGTON PARK - EAST 22ND STREET AT CEDAR AVENUE:
MATERIALS: Three Thousand Five Hundred Ten----------------- ------------------- ($ 3,510.00
A
SERVICES: Thirteen Thousand Nine Hundred Two _ ($ 13, 902.00
------------------- )
TOTAL BID ITEM 7: Seventeen Thousand Four Hundred Twelve ------
($ 17,412.00 )
BID ITEM #8: MACKENZIE PARK - IH 27 AT 3RD STREET:
MATERIALS: Five Thousand Six-------------------
---------------------------------
-($ 5,006.00 )
SERVICES: Twenty -One Thousand One Hundred Thirty -Three------- ($ 21 133.00
TOTAL BID ITEM 8: Twenty -Six Thousand One Hundred Thirty -Nine ($ 26,139.00
TOTAL MATERIAL: Twenty -Nine Thousand Eight Hundred Ninety Three($_ 29,893.00 )
TOTAL SERVICES: One Hundred Twelve Thousand Six Hundred Twenty-
($_112,628.00
El-ght—
TOTAL BID (ITEMS 1-8) : One Hundred Forty -Two Thousand Five Hundred ($ 142,521.00 j
Twenty -One
k
ALTERNATE #1:
7 MATERIALS:
SERVICES:
RENOVATION AT MAEDGEN PARK AS NOTED ON SHEET 5 OF THE'PLANS.
One Thousand One Hundred Twenty -Five ---------------- ($ 1,125.00 )
Two Thousand Eight Hundred Thirteen------ ($ 2,813.00 )
TOTAL BID ALTERNATE 1: Three Thousand Nine Hundred Thirty-Einht _($ 3,938.00
(Amount shall be shown in both words and figures. In case of discrepancy,
the amount shown in words shall govern.)
Bidder hereby agrees to commence the work on the above project on or
before a date to be specified in a written "Notice to Proceed" of the Owner
and to fully complete the project within 150 calendar days thereafter as
stipulated in the specifications and other contract documents. Bidder
hereby further agrees to pay to Owner as liquidated damages the sum of
$100.00 (ONE HUNDRED DOLLARS) for each calendar day in excess of the time
set forth hereinabove for completion of this project, all as more fully set
forth in the general conditions of the contract documents.
Bidder understands and agrees that this bid proposal shall be
completed and submitted in accordance with instruction number 20 of the
General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or
all bids and to waive any formality in the bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn
for a period of thirty (30) calendar days after the scheduled closing time
for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of
r the work and has carefully examined the plans, specifications and contract
documents pertaining to the work covered by this bid, and he further agrees
to commence work on or before the date -specified in the! written notice to
proceed, and to substantially complete the work on which he has bid; as
provided in the contract documents.
Bidders are required, whether or not a payment or performance bond is
required, to submit a cashier's check or certified check issued by a bank
satisfactory to the City of Lubbock, or a proposal bond from a reliable
surety company, payable without recourse to the order of the City of
Lubbock in an amount not less than five percent (5% ) of the total amount
of the bid submitted as a guarantee that bidder will enter into a contract
and execute all necessary bonds (if required) within 10 days after notice
of award of the contract to him.
Enclosed with this proposal is a Cashier's Check or Certified Check
for N/A r ) or a Proposa Bond in the sum of 5% of total amount bid ($ Dollars
($-5% ), which it is agreed shall be collected and retained by the
Owner as liquidated damages in the event the proposal is accepted by the
Owner and the undersigned fails to execute the necessary contract documents
and the required bond (if any) with the Owner within ten (10) days after
r the date of receipt of written notification of acceptance of said proposal;
otherwise, said check or bond shall be returned to the undersigned upon
demand.
Bidder understands and agrees that the contract to be executed by
Bidder shall be bound and include all contract documents made available to
him for his inspection in accordance with the Notice to Bidders.
Contractor
Bidder Acknowledges one two and three
addendas . BY: Z2 'Pr
John K. Pharr, vice-President
(Seal if Bidder is a Corporation) Pharr Construction Co., Inc.
d/b/a Pharr & Company
ATTEST:
ary Jackie Miller
7
UNITED STATESFIDE AR.ANTY COMPA]
KNOW ALL MEN BY THESE PRESENTS:
M
S an
BID BOND
BONDNUMBER.................».»..................................................................
THAT ....... Pharr ...Const=tion... ornp y..... &... COt11P=jr.... »..............».................................
.................................................................................................................... of ...........Lubbock y... TiEmw.......... ».».................... _.... »..»».... .........
:................................................................................ ...................................................... .............. as Principal , and UNITED STATES FIDELITY AND
GUARANTY COMPANY, a Maryland corporation, as Surety, are held and firmly bound unto............................................................... »..... ».»»..».... .—
....................... Cit..»of _Lubbock
as Obligee, in the full and just sum of. .... FIVZ...P�....0F.-1M...BM...BY•..RIMMEAL--••••••••••••••••••••••.•»•
...........................................................................� . -.( 5%..»of....Bid.-...--...............»....... .».».».....»».......».»......»»..»...».». Dollars,
lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the said Principal is herewith submitting its proposal
Playground Renovation at Various City Parks, Bid #12825
CDWO#3113-593111-0001
THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will, within the
time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of
the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between
the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work
if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof.
Signed, sealed and delivered ............ 2.-H.mH....................... .
(Date) /�i� Qom,
......X.... ...`'................................. ....... »........ (SEAQ
John K. Pharr, Vice—President
.. ... . ........... ....................»...................................................................................
»................................
»........(BEAU
UNITED STATES FIDELITY AND GUARANTY COMPANY
A............................».........».».»»..»..
' ..LA.�..r :ir�li�
StaCi GrOSS Attorney -in fact
Contract I I (Revised) (1-94)
D STATES FIDELITY AND
UNITE S GUARANTY COMPANY
I
POWER OF ATTORNEY
NO. 108092
722935
KNOW ALL MEN BY THESE PRESENTS: That UNITED STATES FIDELITY AND GUARANTY COMPANY. a corporation organized and existing
under the laws of the State of Maryland and having its principal office at the City of Baltimore, in the State of Maryland dies hereby constitute and appoint
Donal Boley, Steve Deal, Laura Espinoza, Ruth Anderson, Amy R. Brawn, Ginger Delzell
and Staci Gross
of the City of Wichita FaLls . State of Teuxas its true and lawful Attorney(s)-in-Fact, each in their separate
capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acimowledge any and all bonds, undertalongs, contracts and other
written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts;
and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, the said UNITED STATES FIDELfTY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal,
duly attested by the signatures of its Senior Vice President and Assistant Secretary, this 10th day of December . A.D. 19 93 .
ice" r UNITED STATES FIDELITY AND GUARANTY COMPANY
low (Signed) By........... ....................
s
.................
Senior Vice President
(Signed) By........ . ....... .
Assistant Secretary
STATE OF MARYLAND) -
„ SS:
BALTIMORE CITY )
on this 10th day of D , A.D. 19 93 , before me personally came Robert J. Lamendola
( Senior Vice President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Paul D. Sims , Assistant
Secretary of said Company, with both of whom 1 am personally acquainted, who being by me severally duly sworn, said that they, the aid Robert J.
Lamendola and Paul D. Sims were respectively the Senior Vice President and the Assistant Secretary of
r the said UNITED STATES FMELITY AND GUARANTY COMPANY. the corporation described in and which executed the foregoing Power of Attorney; that they
each knew the seal of aid corporation-. that the seal affixed to said Power of Attorney was such corporate seal, that it was so affixed b order of the Board of Directors
L , : eYY
of said corporation, and that they signed their names thereto by like order as Senior Vice President and Assistant Secretary, respectively, of the Company.
My Commission expires the 11th dayin.,J�MarchJJt A•D.19 95
�J NOTARY PUBLIC
J + This Power of Attorney is granted under and by authority of the following Resolutions adopted by the Boud of Directors of the UNITED STATES
FIDELITY AND GUARANTY COMPANY on September 24.1992:
RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments
relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attomey(s)-in-Fad pursuant to a Power of Attorney issued in
accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the same and on behalf of the Company,
either by the Chairman, or the President. or an Executive Vice President. or a Senior Vice President, or a Vice President or an Assistant Vice President. jointly with the
Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved. printed or lithographed The signature of each
of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing
i
Attorney(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof. and, unless subsequently
{ revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and
I binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company
with respect to any bond or uadertaking to which it is validly attached
RESOLVED. that Attomey(s)-in-Fact shall have the power and authority, unless subsequently revoked and, in any ease, subject to the terms and limitations
of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,
and other writings obligatory is the acture thereof and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by
an Executive Officer and sealed and attested to by the Secretary of the Company.
i L Paul D. Sims , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY,
f do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on September 24, 1992 and that this
i Resolution is in full force and effect.
L the undersigned Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY do hereby certify that the foregoing Power of
�,..' Attorney is in full force and effect and has not been revoked.
i In Testimony Whereof, I have hereunto set my band and the seal rn7A= AND GUARANTY COMPANY on this16day
of FPbruarY 19 94............ ............................
} 1196 Assistant Secretary
Jt>M0
tom' FS 3 (10.92)
r
PAYMENT BOND
I
�
UNITED STATES Fl
STATE OF TEXAS
UARANTY COMPANY(A St• • •.
TEXAS STATUTORY PAYMENT BOND
(Penalty of this bond must be 100% of contract amount)
COUNTY OF LUBBOCK BOND NUMBER... 0120.1Q168944..........
KNOW ALL MEN BY THESE PRESENTS:
That ...... Pharr..Cronstructioa .Cou>pany, ..Inc... dba. Pbarr. A- many ....................... .
.......................................................................................................................
(hereinafter called the Principal), as Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY,
a corporation organized under the laws of the State of Maryland, a Corporate Surety authorized and admitted
to do business in the State of Texas and licensed by the State of Texas to execute bonds as Surety, (hereinafter
called the Surety), as Surety, are held and firmly bound unto ... C;.#,Y. Qf.TUtbAyk.........................
........................................................................................................................
(hereinafter called the Obligee), in the penal sum of ... 0M.. =R .F.Q= .
FIVE HUNDRED .Z�nI DEM -CNE DQLLA s AND NO/ 100,---_-- ............................ Dollars
($...142.,.52]..,00 .............) for the payment of which sum well and truly to be made, we bind ourselves,
our 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 14th
day of ..... Aril . 19 94 a copy of which is hereto attached and made a part hereof, for
Playground Renovation at Various City Parks, Bid #12825
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall
pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided
for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED HOWEVER, that this bond is executed pursuant to the provisions of Article 5160, Revised
Civil Statutes of Texas and all liabilities on this bond to all such claimants shall be determined in accordance
with the provisions thereof 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
....... 25th .......... day of .....PKA............... . 1 9!i
....... ..... ...`..t .... ..�.................(Seal)
M:- ...
J „n R. Pharr, Vice-President
...................................................................................... .....(Seal)
BOND CHECK RED STATES EUTY AND t3UARANTY COMPANY
j' BEST RATING
LICENSED IN TEXAS By .. (Seal)
............... momey-in-tact
~'';{""' Ni} jiffs t'� ,.'Ej !i1�5, ' lte3isl :iii?i 1'x I� �iil;k 3`�'i4 �it't,5 . ,+ ,'ieeii'i4 .i��.•e',:t1ie�� /!?i:t�.� �l�,i;�i'tE4..',+f}ii'�'t�� ll�i:'i:1`�'k. !%ijiii��\.11����'�\ w'+�)'ii�i�i �:,+ilii?�%
Contract 214 (Texas) (10-69)
r
722992
UNITED STATES FIDELITY AND GUARANTY COMPANY
POWER OF ATTORNEY
NO. 108092 ..
KNOW ALL MEN BY THESE PRESENTS: That UNITED STATES FIDELITY AND GUARANTY COMPANY. a corporation organized and existing
under the laws of the State of Maryland and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint
Donal Boley, Steve Deal, Laura Espinoza, Ruth Anderson, Amy R. Brown, Ginger Delzell
and Staci Gross
of the city of Wichita Falls , State of T O_XW its true and lawful Attomey(s)-in-Fact, each in their separate
capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and aU bonds, undertakings, contracts and other
written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts;
and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal,
duly attested by the signatures of its Senior Via President and Assistant Secretary, thisl0th day of December , A.D. 1993.
YMb UNITED STATES FIDELITY AND GUARANTY COMPANY
INS
ac
t!� (Signed) By.../...... .. ........................
5 Senior Vice President
(Signed) By........ .....................................
Assistant SecteMry
STATE OF MARYLAND)
SS:
BALTIMORE CITY )
On this 10th day of Deeenber , A.D. 1993 . before me personally came Robert J. Lamendola
Senior Vice President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Paul D. Sims . Assistant
Secretary of said Company, with both of whom 1 am personally acquainted, who being by me severally duly sworn, said, that they, the said Robert J.
Lamendola and Paul D. Sims were respectively the Senior Vice President and the Assistant Secretary of
the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attomey; that they
each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was to affixed by order of the Board of Directors
of said corporation, and that they signed their names thereto by like order as Senior Vice President and Assistant Secretary, respectively, of the Company.
My Commission expires the 11th day in March &D. 19 95 - -
e
(Signed)NOTARY PUBLIC
'
This Power of Attorney is granted under and by authority of the following Resolutions adopted by the Board of Directors of the UNTIED STATES
FIDELITY AND GUARANTY COMPANY on September 24.1992:
RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments
relating to said business may be signed, executed. and acknowledged by persons or entities appointed as Attomey(s)-in-Fad pursuant to a Power of Attorney issued in
accordance with these resolutions. Said Power(s) of Attomey for and on behalf of the Company may and shall be executed in the name and on behalf of the Company.
either by the Chairman. or the President. or an Executive Vice President, ora Senior Vice President, ora Vice President or au Assistant Vice President, jointly with the
Secretary or an Assistant Secretary, under their respective designations. The signature of such officers nay be engraved printed or lithographed. The signature of each
of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing
Attomey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and, unless subsequently
revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile! signature or facsimile seal shall be valid and
binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company
with respect to any bond or undertaking to which it is validly attached.
RESOLVED, that Attomey(s)-in-Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terms and limitations
of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,
and other writings obligatory in the nature thereoff, and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by
an Executive Officer and sealed and attested to by the Secretary of the Company.
f Paul D. Sims . an Assistant Secretary of We UNITED STATES FIDELITY AND GUARANTY COMPANY,
do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directom on September 24, 1992 and that this
Resolution is in full force and effect
L the undersigned Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY do hereby certify that the foregoing Power of
Attorney is in full force and effect and has not been revoked.
In Testimony Wbemof, I have hemunto set my hand and the" ;"TA= AND GUARANTY COMPANY on this 25thday
of April • 19 94-
..........G" ............................
4
r 1NG
"ebT ANt�
FS 3 (10-92)
Assistant Secretary
PERFORMANCE BOND
r I UNITED STATES FID
� ! r
fry
r
• _ •
TEXAS STATUTORY PERFORMANCE BOND
(Penalty of this bond must be 1009% of contract amount)
STATE OF TEXAS
COUNTY OF IABBOCK BOND NUMBER...01.2Q1Q1b894A.....
KNOW ALL MEN BY THESE PRESENTS:
That ...... PbA= . Comt=ctim . CAmP=W- ,........................
...........................................................................
(hereinafter called the Principal), as Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY,
a corporation organized under the laws of the State of Maryland, a Corporate Surety, authorized and admitted
to do business in the State of Texas and licensed by the State of Texas to execute bonds as Surety, (hereinafter
called the Surety), as Surety, are held and firmly bound unto ... City -of .Lubbock ..........................
........................................................................................
(hereinafter called the Obligee), in the penal sum of ....ONE .H�FED FOS• TWO• THOUS
..AND ............
F1,VE.HiJN>a=.1W=X-Oil .DX1ARS . AND. NQ/ lAQ---.......................................... Dollars
($ 142!521.00 .................) for the payment of which sum well and truly to be made, bind ourselves,
our 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
14th _...day of ... Aril .............1g 94......, a copy of which is hereto attached and made a part
hereof, for
Playground Renovation at Various City Parks, Bid #12825
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, Revised
Civil Statutes of Texas and all liabilities on this bond shall be determined in accordance with the provisions
thereof 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
............. 25th..... day of .... AP.3'il..............
. (Seal)
' " a�
.I nice -President
...................................................
........................................................ (Seal)
i' BOND CHECK
. BEST RATING
LICENSED IN TEXAS
DATE 11A2,1111 BY e2
ITED STATE DELITY AND GUARANTY COMPANY
By, ..,r c.� .. .................... (Seal)
Staci Gross Attorney-in-fact
CERTIFICATE OF INSURANCE
I
I I
7
I
I
iiSUE-DATE (MWDDfYY)
ACORN. CERTIFICATEOPIN URANCE7,
04/25/94
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
PRODUCER
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATI
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
Boley Featherston Insurance
POLICIES BELOW.
P. 0. Drawer 10
COMPANIES AFFORDING COVERAGE
Wichita Falls TX 76307
......
COMPANY
LETTER A TRINITY UNIVERSAL .-INSURANCE ...-P.D.
COMPANY
LETTER B TRINITY UNIVERSAL OF KANSAS
INSURED
COMPANY c
LETTER TEXAS WORK COMP INSURANCE FUND
PHARR CONSTRUCTION COMPANY INC
COMPANY
D
DBA PHARR & COMPANY
ETTEF
LETTER-,---__,_---,.-.,--NDRTH-B.RIDD-K.-..P-R,D,PERT-Y'l-,&--_CASUALTY .
P 0 BOX 2791
COMPANY
E
LUBBOCK TX 79408
LETTER
4,
COVERAGES
THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
THIS IS TO CERTIFY
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
POLICY EFFECTIVE POLICY EXPIRATION LIMITS
DATE (MMIDONY) DATE (MMIDDfYY)
LTR
GENERAL LIABILITY
GENERAL AGGREGATE $;?1000100
-COMMERCIAL GENERAL LIABILITY
A X TXPSB27710
08/15/93 OE3/15/94-PRODUCTS-COMP/OP AGO. 111V900100
CLAIMS MADE X OCCUR.
PERSONAL & ADV. INJURY, i 11 400; 00
X OWNER'S & CONTRACTOR'S PROT. BINDER
A
ICE
02/24/94 04/25/95 EACH OCCURRENCE 110001-00
FIRE DAMAGE (Anyone fire) $501,000
mED. EXPENSE (Any one mum) $ 5, 000
AUTOMOBILE LIABILITY
B X ANY AUTO TCA9827711
COMBINED SINGLE
08/15/93 08/15/94 LIMIT 11000,00
ALL OWNED AUTOS
BODILY INJURY $
(Per person)
SCHEDULED AUTOS
X HIRED AUTOS
BODILY INJURY
(Per accident)
X NON -OWNED AUTOS
GARAGE LIABILITY
PROPERTY DAMAGE $
EXCESS LIABILITY
EACH OCCURRENCE s 110001000.
A X UMBRELLA FORM 009827712
08/15/93 08/15/94 AGGREGATEa 1,4401444.
-
OTHER THAN UMBRELLA FORM
STATUTORY LIMITS
C WORKER'S COMPENSATION TSF 114395
11/01/93 11/01/94 - EACH I H ACCIDENT $500;,000.
AND
DISEASE—POLICY LIMIT 5500, 000•
' "
EMPLOYERS' LIABILITY
I—- -------- ----------"' "
DISEASE—EACH EMPLOYEE $5008000,
D OTHER BUILDERS RISK 72327572
08/15/93 08/15/94 750,000 JOBSITE
REPORTING FORK
11500IF000 OCCUR
DESffflVobrEtb=8,R,Oyg,EIRX%gEfIAAgE'ADDITIONAL INSURED UNDER ABOVE POLICIES WITH THE
EXCEPTION OF THE WORKERS COMPENSATION COVERAGE.
CERTIFICATE HOLDER, CAN
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TF
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR I
CITY OF LUBBOCK
MAIL —'M— DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO Tf
P 0 BOX 2200
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION
LUBBOCK TX 79457
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OMEPREENTATIV
AUTHORIZED REPRESENTATIVE
BOLEY FEATHERSTON��
CACORD CORPORATION I
ACORD 25-S 190)
(7
HUD CERTIFICATIONS
SECTION 3/STATEMENT OF WORK FORCE NEEDS
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
r" 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 -
I (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
r 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
f
foreign country on the USTR list, or (3) who incorporates any
product of a foreign country on the USTR list in the public works
project.
(g) Recordkeeping. Nothing contained in the foregoing shall be
construed to require establishment of a system of records in
order -to render, in good faith, the certification required by
paragraph (b) of this provision. The knowledge and information
of a bidder is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business
dealings.
(h) USTR list. The USTR published an initial list in the Federal
Register on December 30, 1987 (53 FR 49244), which identified one
country - Japan. The USTR can add countries to the list, and
remove countries from it, in accordance with section 109(c) of
Pub. L. 100-202.
(Seal if Bidder is a Corporation)
ATTEST:
(", I'a r � j�, , �* � e '4 -)
Secr tary Jackie Miller
r
I
Pharr Construction Co., Inc.
d/b/a Pharr & Company
Contractor
By:
John R. Pharr, Vice -President
I PM
CONTRACTOR INFORMATION
TO: City of Lubbock
DATE:__ March 2, 1994
P.O. Box 2000
'
Lubbock, Texas 79457
PROJECT NUMBER
!
CDWO : 3113-593111-0001
PROJECT NAME:Playground
r-
Renovation @ Various City Parks
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:
Pharr_ Construction Co., Inc.
_d/b/a Pharr & Company P.O. Box
2791 Lubbock, Texas 79408
I
2. The undersigned is:
(a) A single proprietorship
(list sole owner)
(b) A partnership (list all
partners)
(c) X A corporation (names of all principals and their
titles)
President: Jimmy R. Pharr
Vice -President: John K. Pharr
.' Secretary -Treasurer: Jackie Miller
3. The Taxpayer Identification Number for the undersigned is
(whichever is applicable):
t
(a) Employer Identification Number (Federal Identification
r.. Number) :
75-2187285
7
,I .
(b) Social Security Number:
4. If awarded the bid for the aforementioned project, the
undersigned agrees to forward to the City of Lubbock within
ten days after the execution of any subcontractor(s) a -list
of all subcontractors who will be employed on said project.
This list will consist of the subcontractor's legal name an
business address.
Pharr Construction Co., Inc.
d/b/a Pharr & Company
Contractor
Date March 2, 1994
BY: /,, -
ohn K. Pharr, Vice -Press ent
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CONTRACT
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CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 14th day of April. 1994, by and between the City of Lubbock, County of
71 Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred to as
' OWNER, and Pharr Construction Co.. Inc. of the City of Lubbock. County of Lubbock, and the; State of Texas, hereinafter
termed CONTRACTOR
r
r
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 OWNER to commence and complete the consti action of certain improvements described as follows:
BID #12825 - PLAYGROUND RENOVATION AT VARIOUS CITY PARKS FOR $142,521.00
and all extra work in connection therewith, underthe terms as stated in the contract documents and at his (or their) own proper cost
and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories
and services necessary to complete the said construction in accordance with the contract documents as defined in the General
Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given
to him and to substantially complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the
Proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on
account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the
year and day first above written. �---�
r'_a11� - � I�Jo ..
1
APPROVED• C• APPROVEDAS FORM:
A=T-
11P 2A)
Corpo a Secretary
CONTRACTOR
PHARR ONSTRUCTION CO., INC.
By:
TITLE. p L�,
COMPLETE ADDRESS:
P.O. Boz 2791
Lubbock. Texas 79408
t
GENERAL CONDITIONS OF THE AGREEMENT
7
1 OWNER
7
Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this contract, it shall be
understood as referring to the City of Lubbock, Tex
as.
2. CONTRACTOR
Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall be understood
r to mean the person, persons, co -partnership or corporation, to -wit: PHARR CONSTRUMON CO., INC. who has
. agreed to perform the work embraced in this contract, or to his or their legal representative.
MM 3. OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to
RUSSELL HOWARD LANDSCAPE ARCHITECT City of Lubbock, under whose supervision these contract
documents, including the plans and specifications, were prepared, and who will inspect constructions; or to such other
representative, supervisor, or inspector as may be authorized by said Owner to act in any particular under this agreement.
Engineers, supervisor or inspectors will act for the Owner under the direction of Owner's Representative, but shall not
directly supervise the Contractor or men acting in behalf of the Contractor.
4. CONTRACT DOCUMENTS
The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Proposal, Signed
Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if
any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for his inspection in
accordance with the Notice to Bidders.
5. INTERPRETATION OF PHRASES
Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of
like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of
the Owner's Representative is intended, and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like
import shall mean approved by or acceptable or satisfactory to the Owner's Representative.
6. SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for
Performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any
Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents,
but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor.
7. WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm
or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address
known to him who gives the notice.
WORK
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the
execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be
new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory
evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known,
technical or trade meaning shall be held to refer such recognized standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
9. SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been
made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor
miscellaneous work and adjustment.
10. LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this
work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout
of all major structures and any other layout work done by the Contractor at Contractot'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.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense to him and he
shall keep one copy of same consistently accessible on the job site.
12. RIGHT OF ENTRY
The Owner's Representative may make periodic visits to the site to observe the progress of quality of the executed work and
to determine, in general, if the work is proceeding in accordance with the contract documents. He will not be required to
make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will he 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 documents, but he will not be responsible for the Contractor's failure to perform the work in
accordance with the Contract Documents. On the basis of his onsite observations, he will keep the (honer informed of the
progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of the Contractor.
13. 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, Contractor shall suspend his work in order to permit Owner's Representative to comply with this
requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation
therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades
will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or
removal by him, his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's
Representative at Contractor's expense.
GENERAL CONDITIONS OF THE AGREEMENT
i
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4
INDEX TO GENERAL CONDITIONS
1. OWNER
2. CONTRACTOR
3. OWNER'S REPRESENTATIVE AND ARCHITECT OR CONSULTING ENGINEER
r., 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 SPECIFICATINS 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
i
20. CONSTRUCTION PLANT
F 21. SANITATION
22. OBSERVATION AND TESTING
E
23. DEFECTS AND THEIR REMEDIES
24. CHANGES AND ALTERATIONS
{
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25. EXTRA WORK
26. DISCREPANCIES AND OMISSIONS
27. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
28. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
29. CONTRACTOR'S INSURANCE: SCOPE OF INSURANCE AND SPECIAL HAZARDS
30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS,
MATERIALMEN, AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES.
31. PROTECTION AGAINS ROYALTIES OR PATENT INVENTION
32. LAWS AND ORDINANCES
33. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
34. TIME AND ORDER OF COMPLETION
35. EXTENSION OF TIME
36. HINDRANCE AND DELAYS
37. QUANTITES AND MEASUREMENTS
38. PROTECTION OF ADJOINING PROPERTY
39. PRICE FOR WORK
40. CONSTRUCTION SCHEDULE AND PERIODIC ESTIMATES
41. PAYMENTS TO CONTRACTOR
42. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND
SUBCONTRACTOR
43. MINIMUM WAGES
44. POSTING WAGE DETERMINATION DECISIONS AND AUTHORIZED WAGE
DEDUCTIONS
45. EMPLOYMENT OF LABORERS OR MECHANICS NOT LISTED IN AFORESAID WAGE
DETERMINATION DECISIONS
46. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY EMPLOYEES
47. UNDERPAYMENTS OF WAGES OR SALARIES
48. ANTICIPATED COSTS OF FRINGE BENEFITS
c:
r.
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"
4
54. COMPLAINTS, PROCEEDINGS OR TESTIMONY BY EMPLOYEES
55. CLAIMS AND DISPUTES PERTAINING TO WAGE RATES
r 56. QUESTONS CONCERNING CERTAIN FEDERAL STATUTES AND REGULATIONS
57. FINAL COMPLETION AND ACCEPTANCE
�,. 58. FINAL PAYMENT
" 59. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK
60. CORRECTION OF WORK AFTER FINAL PAYMENT
r
p 61. PAYMENT WITHHELD
62. DELAYED PAYMENT
63. TIME OF FILING CLAIMS
64. ARBITRATION
65. ABANDONMENT BY CONTRACTOR
66. ABANDONMENT BY OWNER
r- 67. LOSSES FROM NATURAL CAUSES
68. INDEPENDENT CONTRACTOR
69. CLEANING UP
POW 70. CONTRACTOR' RIGHT TO TERMINATE
f
71. RIGHT OF THE OWNER TO TERMINATE CONTRACT
7 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 AGAINS THE HANDICAPPED (SEC. 504)
I
ro
i,
C
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: PHARR CONSTRUCTION CO., INC., who has
agreed to perform the work embraced in this Contract, or to his
or their legal representative.
3. OWNER'S REPRESENTATIVE AND ARCHITECT OR CONSULTING ENGINEER
a. Whenever the term Owner's Representative is used in
this Contract, it shall be understood as referring to RUSSELL
HOWARD, LANDSCAPE ARCHITECT, of the City of Lubbock, or to such
other representative, supervisor or inspector as may be
authorized by said Owner to act as Owner's Representative under
this Agreement. Owner's Representative may designate
engineerings, supervisors or inspectors who will act for Owner
under the direction of Owner's Representative, but such
engineers, supervisors or inspectors shall not directly supervise
the Contractor or men acting in behalf of the Contractor. The
Owner's Representative shall have authority to approve change
orders involving a decrease or increase in cost of Five Thousand
($5,000.00) Dollars or less.
b. Owner has designated RUSSELL HOWARD, LANDSCAPE
ARCHITECT, 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, Signed Agreement,
Statutory Bonds (if required), General Conditions of the Agree
-
I
ment, Exhibits A and B to the General Conditions,` Special
Conditions of the Agreement (if any), Specifications, Drawings,
Insurance Certificate and all other documents made available to
Bidder for his inspection in accordance with the Notice to
Bidders, as well as all Addenda issued prior to the execution of
the Signed Agreement, and all Modifications, such as Change
Orders, written interpretationsandwritten-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 specificationsorDrawings 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
7
the Owner a written statement concerning the proposed award to
the subcontractor, which statement shall contain such information
r- 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.
r
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
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.
i
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
�.,
I
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.
r
9. WORK
The work comprises the completed construction required by
the Contract Documents and includes all labor necessary to
produce such construction, and all materials and equipment
incorporated or to be incorporated in such construction.
- 3
Unless otherwise stipulated, the Contractor shall provide
and pay for all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance and all water, light, power,
fuel, transportation and all other facilities necessary for the
execution and completion of the work covered by the Contract
Documents. Unless otherwise specified, all materials shall be
new and both workmanship and materials shall be of a good
quality. The Contractor shall, if required, furnish satisfac-
tory evidence as to the kind and quality of materials. Materials
or work described in words which so applied have well known,
technical or trade meanings shall be held to refer to such
recognized standards.
All work shall be done and all materials furnished in strict
conformity with the Contract Documents or any other information
or instructions conveyed to the Contractor.
10. SUBSTANTIALLY COMPLETED
The term"Substantially Completed" means that the structure
or project contemplated by the Contract Documents has been made
suitable for use or occupancy, or the facility is in a condition
to serve its intended purpose, but still may require minor
miscellaneous work and adjustment.
11. LAYOUT OF WORK
Except as specifically provided herein, the Contractor shall
be responsible for laying out all work and shall accomplish this
work in a manner acceptable to the Architect. The Architect will
check the Contractor's layout of all major structures and any
other layout work done by the Contractor at the Contractor's
request, but this check does not relieve the Contractor of the
responsibility of correctly locating all work in accordance with
the Plans and Specifications.
12. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
,The Contractor shall be furnished with (1) nnc. 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 -
The authorized representative and agents of the Owner shall
be permitted to inspect all work, material, payrolls, records of
personnel, invoices of materials and other relevant data and
records.
The Owner reserves the right to perform work related to the
proJect with his own forces, and to award separate contracts in
connection with other portions of the project or other work on
the site of the Contract. If the Contractor claims that delay or
additional costs are involved because of such action by the
Owner, he shall make such claim as provided elsewhere in the
Contract Documents.
14. LINES AND GRADES
All lines and grades shall be furnished by the Owner's
Representative whenever necessary for the commencement of the
work contemplated by these Contract Documents or the completion
of the work contemplated by these Contract Documents. Whenever
necessary, the Contractor shall suspend his work in order to
permit the Owner's Representative to comply with this require-
ment, but such suspension will be as brief as practical and the
Contractor shall be allowed no extra compensation therefore. The
Contractor shall give the Owner's Representative ample notice of
the time and place where lines and grades will be needed. All
stakes, marks, etc., shall be carefully preserved by the Con-
tractor, and in case of careless destruction or removal by him,
his subcontractors or their employees, such stakes, marks, etc.,
shall be replaced by the Owner's Representative at the Contrac-
tor's expense.
i 15. ARCHITECT'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between
the parties to this Contract that the Architect shall review all
work included herein.
7
C - 5 -
of the work. Furthermore, r ermore, .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.
Documents. On the basis of his on-site observations, he will
roll
the Owner informed of the progress of the work and will
endeavor to protect the Owner against defects and deficiencies in
the work of the Contractor.
The authorized representative and agents of the Owner shall
be permitted to inspect all work, material, payrolls, records of
personnel, invoices of materials and other relevant data and
records.
The Owner reserves the right to perform work related to the
proJect with his own forces, and to award separate contracts in
connection with other portions of the project or other work on
the site of the Contract. If the Contractor claims that delay or
additional costs are involved because of such action by the
Owner, he shall make such claim as provided elsewhere in the
Contract Documents.
14. LINES AND GRADES
All lines and grades shall be furnished by the Owner's
Representative whenever necessary for the commencement of the
work contemplated by these Contract Documents or the completion
of the work contemplated by these Contract Documents. Whenever
necessary, the Contractor shall suspend his work in order to
permit the Owner's Representative to comply with this require-
ment, but such suspension will be as brief as practical and the
Contractor shall be allowed no extra compensation therefore. The
Contractor shall give the Owner's Representative ample notice of
the time and place where lines and grades will be needed. All
stakes, marks, etc., shall be carefully preserved by the Con-
tractor, and in case of careless destruction or removal by him,
his subcontractors or their employees, such stakes, marks, etc.,
shall be replaced by the Owner's Representative at the Contrac-
tor's expense.
i 15. ARCHITECT'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between
the parties to this Contract that the Architect shall review all
work included herein.
7
C - 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 giveany 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 -
i
The Owner's Representative shall, within a reasonable time,
render and deliver to both the Architect and the Contractor a
written decision on all written objections filed by the Con-
tractor. Should the Owner's Representative fail to make such a
decision within a reasonable time, an appeal to arbitration may
be taken as if his decision had been rendered against -the
Contractor.
16. SUPERINTENDENCE AND INSPECTIONS
It is agreed by the Contractor that the Owner's Represen-
tative shall be and is hereby authorized to appoint from time to
time such subordinate engineers, supervisors or inspectors as the
said Owner's Representative may deem proper to inspect the
materials furnished and the work performed or being performed
under this Agreement, and to see that said materials are fur-
nished and the work is done in accordance with the specifications
therefor. The Contractor shall furnish all reasonable aid and
assistance required by the subordinate engineers, supervisors or
inspectors for the proper inspection and examination of the work.
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 omissionsofhis employees, subcontractors and their
agents and employees and other persons performing any of the work
r under a contract with the Contractor.
9
` 18. CONTRACTOR'S UNDERSTANDING
i 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
r
7 -
work under this Contract. No verbal agreement or conversation
with any officer, agent or employee of the Owner, either before
or after the execution of this Contract,"`shall affect or modify
any of the terms or obligations herein contained.
19. CHARACTER OF WORKERS
To do the work required by this Contract, the Contractor
agrees to employ only orderly and competent workers, skillful in
the performance in the type of work required by the said Con-
tract, and he further agrees that whenever the Owner's Represen-
tative shall inform him in writing that any worker or workers
doing the work are, in his opinion, incompetent, unfaithful or
disorderly, such worker or workers shall be discharged from the
work and shall not again be employed to do the work without
written consent of the Owner's Representative.
20. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools,'equipment,
machinery and materials necessary for the prosecution and com-
pletion of this Contract where it is not otherwise specifically
provided that the Owner shall furnish same, and it is also
understood that the Owner shall not be held responsible for the
care, preservation, conservation or protection of any materials,
tools, equipment or machinery or any part of the work until it is
finally completed and accepted.
The building of structures for the housing of workers or
equipment will be permitted only at such places as the Owner's
Representative shall direct, and the sanitary conditions of the
grounds in or about such structures shall at all times be main -
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
EEL-=
If any work which is required to be inspected, tested or
approved, is covered up without written approval or consent of
the Owner's Reprsentative or Architect, it must, if requested by
the Owner's Representative or Architect, be uncovered for
observation and testing at the Contractor's expense. The cost of
all such inspections, tests and approvals shall be borne by the
Contractor unless otherwise provided herein. Any work which
fails to meet the requirements of any such tests, inspections or
approval, and any work which meets the requirements of any such
tests or approval but does not meet the requirements of the
Contract Documents shall be considered defective. Such defective
work shall be corrected at the Contractor's expense.
.. Neither observations by
Architect, nor inspections,
Representative or Architect
this Agreement to make such
shall relieve the Contractor
4 work in accordance with the
ments.
7
the Owner's Representative or
tests or approvals made by Owner's
or other persons authorized under
inspections, tests or approvals,
from his obligation to perform the
requirements of the Contract Docu-
23. DEFECTS AND THEIR REMEDIES
It is agreed that if the work or any part thereof or
any material brought on the site of the work for use in the work
or selected for the same, shall be deemed by the Owner's Repre-
sentative or Architect as unsuitable or not in conformity with
plans, specifications and Contract Documents, the Contractor
shall, after receipt of written notice thereof from the Owner's
Representative or Architect, forthwith remove such material and
rebuild or otherwise remedy such work so that it shall be in full
- 9 -
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 thr.ough_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-
furnish Owner's
sentative or Architect may require Contractor to
Representative or Architect certificates of inspection, testing
or approval made by persons competent to perform such tasks at
the location where that part of the work is being manufactured or
fabricated. All such tests will be in accordance with the
methods prescribed by the American Society for Testing and
Materials or such other applicable organization as maybe required
by law or the Contract Documents.
If any work which is required to be inspected, tested or
approved, is covered up without written approval or consent of
the Owner's Reprsentative or Architect, it must, if requested by
the Owner's Representative or Architect, be uncovered for
observation and testing at the Contractor's expense. The cost of
all such inspections, tests and approvals shall be borne by the
Contractor unless otherwise provided herein. Any work which
fails to meet the requirements of any such tests, inspections or
approval, and any work which meets the requirements of any such
tests or approval but does not meet the requirements of the
Contract Documents shall be considered defective. Such defective
work shall be corrected at the Contractor's expense.
.. Neither observations by
Architect, nor inspections,
Representative or Architect
this Agreement to make such
shall relieve the Contractor
4 work in accordance with the
ments.
7
the Owner's Representative or
tests or approvals made by Owner's
or other persons authorized under
inspections, tests or approvals,
from his obligation to perform the
requirements of the Contract Docu-
23. DEFECTS AND THEIR REMEDIES
It is agreed that if the work or any part thereof or
any material brought on the site of the work for use in the work
or selected for the same, shall be deemed by the Owner's Repre-
sentative or Architect as unsuitable or not in conformity with
plans, specifications and Contract Documents, the Contractor
shall, after receipt of written notice thereof from the Owner's
Representative or Architect, forthwith remove such material and
rebuild or otherwise remedy such work so that it shall be in full
- 9 -
accordance with this Contract. It is further agreed that any
remedial action contemplated as hereinabove set forth shall be at
the Contractor's'expense.
The Contractor shall promptly correct any work rejected by
the Owner's Representative or Architect as defective or as
failing to conform to the Contract Documents,.whether observed
before or after substantial completion and whether or not
fabricated, installed or completed, and shall correct any work
found to be defective or nonconforming within a period of one
year from the date of substantial completion of the Contract, or
within such longer period of time as may be prescribed by law or
by the terms of any applicable special warranty required by the
Contract Documents. The provisions of this Section apply to work
done by subcontractors as well as to work done by direct em-
ployees of the Contractor. The Contractor shall bear all costs
of correcting such rejected work, including compensation for the
Architect's additional services made necessary thereby.
If the Contractor fails to correct defective work as
required, or persistently fails to carry out the work in accor-
dance with the Contract Documents, the Owner's Representative, by
a written order signed personally or by an agent specifically so
empowered by the Owner in writing, may order the Contractor to
stop the work', or any portion thereof, until the cause for such
order has been eliminated; however, this right of the Owner to
stop the work shall not give rise to any duty on the part of the
Owner to exercise this right for the benefit of the Contractor or
any other person or entity.
If the Contractor defaults or neglects to carry out the work
in accordance with the Contract Documents, and fails within seven
days after receipt of written notice from the Owner's Representa-
tive or other agent to commence and continue correction of such
default or neglect with diligence and promptness, the Owner may,
after seven days following receipt by the Contractor of an _
additional written notice, and without prejudice to any other
remedy he may have, make good such deficiencies. In.such case,
an appropriate Change Order shall be issued deducting from the
payments then or thereafter due the Contractor the cost of
correcting such deficiencies, including compensation for the
Architect's additional services made necessary by such default,
neglect or failure. If the payments then or thereafter due the
Contractor are not sufficient.to cover such amount, the Contrac-
tor shall pay the difference to the Owner.
If, within one year after the date of substantial completion
of the work or designated portion thereof, or within one year
after acceptance by the Owner of designated equipment, or within
such longer period of time as may be prescribed by law or by the
terms of any applicable special warranty required by the Contract
Documents, any of the work is found to be defective or not in
accordance with the Contract Documents, the Contractor shall
correct it promptly after receipt or a written notice from the
- 10 -
Owner to do so unless the Owner has previously given the Con-
tractor a written acceptance of such condition. This obligation
shall survive termination of the Contract. The Owner shall give
such notice promptly after discovery of the defect.
24. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such
changes and alterations as the Owner may see fit, in the line,
grade, form, dimensions, plans or materials for the work herein
contemplated, or any part thereof, either before or after the
beginning of the construction, without affecting the validity of
this Contract and the accompanying bond.
If such changes or alterations diminish the quantity of the
work to be done, they shall not constitute the basis for a claim
for damages, or anticipated profits on the work that may be
dispensed with. If they increase the amount of work, and the
increased work can fairly be classified under the specifications,
such increase shall be paid according to the quantity actually
done and at the unit price established for such work under this
Contract; otherwise, such additional work shall be paid for as
provided under extra work. In case the Owner shall make such
changes or alterations as shall make useless any work already
done or.material already furnished or used in said work, then the
Owner shall recompense the Contractor for any material or labor
so used and for any actual loss occasioned by such change due
to actual expenses incurred in preparation for the work as
originally planned.
25. EXTRA WORK
The term "extra work" as used in this Contract shall be
understood to mean and include all work that may be required by
the Owner or Owner's Representative to be done by the Contractor
to accomplish any change, alteration or addition to the work as
shown on the plans and specifications or Contract Documents and
not covered by the Contractor's proposal, except as provided
under changes and alterations herein.
It is agreed that the Contractor shall perform all extra
work under the direction of the Architect when presented with a
written work order signed by the Owner's Representative, subject,
however, to the right of the Contractor to require written
confirmation of such extra work order by the Owner. It is also
agreed that the compensation to be paid to the Contractor for
performing said extra work shall be determined by one or more of
the following methods:
Method (A) - By agreed unit prices; or
Method (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 (15°')
I 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 an '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 end 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
Architect. If the Contractor finds any discrepancies or
omissions in these plans, specifications or Contract Documents,
he should notify the Architect and obtain a clarification before
the bids are received, and if no such request is received by the
Architect prior to the opening of bids, then it shall be consi-
dered that the Contractor fully understands the work to be
included and has provided sufficient sums in his proposal to
complete the work in accordance with these plans and specifi-
cations. It is further understood that any request for clari-
fication must be submitted no later than five days prior to the
opening of bids.
27. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
�•. If, at any time,,the methods or equipment used by the Can -
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, i -n 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 -Is 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 tothe liability of the Architect, his agents or r
employees, arising out of -(1) the preparation or Iapproval 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,_
assumption of dutyto.su rvise safetynot cautions construed as any
either the Contractor oranyof his subcontractors.
taken by
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.sh'all 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 -
the special hazards which may be encountered in the performance of this
Contract, as enumerated in the Supplemental General Conditions.
The Contractor shall procure and carry at his sole cost and expense
through the life of this contract, insurance protection as hereinafter
specified. Coverage in excess of that specified herein also shall be
acceptable. Such insurance shall be carried with an insurance company
authorized to transact business in the State of Texas and shall cover
all operations in connection with this contract, whether performed by
the Contractor or a subcontractor, or separate policies shall be
provided covering the operation of each subcontractor.
A. Comprehensive General Liability Insurance
The contractor shall have Comprehensive General Liability
Insurance with limits of $500,000 Combined Single Limit in the
aggregate and per occurrence to include:
Premises and Operations
'�. Explosion & Collapse Hazard
Underground Damage Hazard
Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury (with exclusion "c" waived)
The City is to be named as an additional insured on this policy
for this specific job, and copy of the endorsement doing so is to
be attached to the Certificate of Insurance.
B. Owner's Protective or Contingent Public Liability Insurance and
Property Damage Liability Insurance.
~' The Contractor shall obtain an Owner's Protective or Contingent
Public Liability Insurance policy naming the City of Lubbock as
insured and the amount of such policy shall be as follows:
For bodily injuries, including accidental death and or property
damage, $500,000 Combined Single Limit.
C. Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile Liability
Insurance with limits of not less than:
Bodily In'ur /P
J y roperty Damage, $500,000 Combined Single Limit,
to include all owned and nonowned cars including: Employers
Nonownership Liability Hired and Nonowned Vehicles. The City is
to be named as an additional insured on this policy for this
specific job and copy of the endorsement doing sods to be
attached to the Certificate of Insurance.
D. Builder's Risk Insurance`
The Contractor shall obtain a Builder's Risk policy in the amount
of (100% of potential loss) naming the City of Lubbock
as insured.
E. Excess or Umbrella Liability Insurance
The Contractor shall have Excess or Umbrella Liability Insurance
in the amount of $ with coverage to
correspond with Comprehensive General Liability and Comprehensive
Automobile Liability coverages.
The City is to be named as an additional insured on this policy
for this specific job and copy of the endorsement doing so is to
be attached to the Certificate of Insurance.
F. Worker's Compensation and Employers Liability Insurance
Worker's Compensation Insurance covering all employees whether
employed by the Contractor or any Subcontractor on the job with
Employers Liability of at least $500,000
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and
subcontractor shall submit to the Owner for approval five
Certificates of Insurance covering each insurance policy carried
and offered as evidence of compliance with.the above insurance
requirements, signed by an authorized representative of the
insurance company setting forth:
t
(1)
The name and address of the insured.
P
(2)
The location of the operations to which the insurance
applies.
(3)
The name of the policy and type or types of insurance in
force thereunder on the date borne by such certificate.
(4)
The expiration date of the policy and the limit or limits of
liability thereunder on the date borne by such certificate.
(5)
A provision that the policy may be canceled only by mailing
r
n
written notice to the named insured at the address shown in
the bid specifications.
(6)
A provision that written notice shall be given to the City
t
ten days prior to any change in or cancellation of the
policies shown on the certificate.
30.
7
G
(7) The certificate or certificates shall be on the form (or
identical copies thereof) contained in the job
specifications. No substitute of nor amendment thereto will
be acceptable.
(8) If policy limits are paid, new policy must be secured for
new coverage to complete project.
PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN
AWn FURNISHERS OF MACHINERY, EQUIPMENT, AND SUPPLIES
The Contractor agrees that he will indemnify and save the Owner, its
officers, the Architect and their agents and employees harmless from
all claims growing out opf any demands of subcontractors, laborers,
workment, mechanics, materialmen and furnishers of machinery and parts
thereof, equipment, power tools, all suppliers, including commissary,
incurred int he furtherance of the performance of this Contract. When
Owner so desires, the Contractor shall furnish satisfactory evidence
that all obligations of the nature hereinabove designated have been
paid, discharged or wavied.
If during the progress of the work, Contractor shall allow any
indebtedness to accrue for work furnished by any of those designated
in the preceding paragraph and shall fail to pay and discharge any
such indebtedness within five (5) days after demand is made, then
Owner may, during the period for which such indebtedness shall remain
unpaid, withhold from the unpaid portion of this Contract, a sum equal
to the amount of such unpaid indebtedness, or may apply the sum so
withheld to discharge any such indebtedness.
31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The Contractor shall pay all royalties and license fees, and
shall provide for the use of any design, device, material or
process covered by letters patent or copyright by suitable legal
agreement with the Patentee or Owner thereof. The Contractor
shall defend all suits or claims for infringement of any patent
or copyrights, and shall indemnify and save the Owner harmless
from any loss on account thereof, except that Owner shall defend
811 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 -
r
The Contractor agrees that said work shall be prosecuted
regularly, diligently and uninterruptedly at such rate of
progress as will insure full completion thereof within the time
specified. It is expressly understood and agreed by -and between
the Contractor and the Owner that the time for the completion of
the work described herein is a reasonable time for the comple-
tion of the same, taking into consideration the average climatic
range and usual industrial conditions prevailing in the locality.
If the said Contractor shall neglect, fail or refuse to
complete the work within the time herein specified, or any proper
extension thereof granted by the Owner, then the Contractor does
hereby agree, as a part of the consideration for the awarding of
this Contract, to pay to the Owner the amount specified in the
Bid Proposal, not as a penalty, but as liquidated damages for
such breach of Contract as hereinafter set forth, for each and
every calendar day that the Contractor shall be in default after
the time stipulated in the Contract for completing the work.
The said amount is fixed and agreed upon by and between the
Contractor and the Owner because of the impracticability and
extreme difficulty of fixing and ascertaining the: actual damages
the Owner would in such event sustain, and said amount is agreed
to be the amount of damages which the Owner would sustain, and
said amount ,shall be permanently retained from time to time by
the Owner from current periodical estimates.
It is further agreed that time is of the essence for each
and every portion of this Contract and of the specifications
wherein a definite and certain length of time is fixed for the
performance of any act whatsoever; and where, under the Contract,
additional time is allowed for the completion of any work, the
new time limit fixed by such extension shall be of the essence of
this Contract. Provided, that the Contractor shall not be
charged with liquidated damages or any excess cost when the Owner
determines that the Contractor is without fault and -the Contrac-
tor's reasons for the time extension are acceptable to the Owner.
Provided, further, that the Contractor shall not be charged with
liquidated damages or any excess cost when the delay in comple-
tion of the work is due:
(a) To any preference, priority or allocation order duly
issued by the Government.
(b) To any unforeseeable cause beyond the control and
without the fault or negligence of the Contractor,
including, but not restricted to, acts of God or of
the public enemy, acts of the Owner, acts of another
r* Contractor in the performance of a contract with the
Owner, fires, floods, epidemics, quarantine restric-
tions, strikes, freight embargoes or severe weather;
and
i
I
- 19 -
(c) To any delays of subcontractors or suppliers occasioned
by any of the causes specified in subsections (a) or
(b) of this section.
Provided further, that the Contractor shall, within ten (10)
days from the beginning of such delay, unless the Owner shall
grant a further period of time prior to the date of final
settlement of the Contract, notify the Owner's Representative, in
writing, of the causes of the delay, who shall ascertain the
facts and extent of the delay and notify the Contractor within a
reasonable time of the Owner's decision in the matter.
34. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this Contract, unless
otherwise herein specifically provided, that the Contractor shall
be allowed to prosecute his work at such time and sessions, in
such order or precedence, and in such manner as shall be most
conducive to economy of construction; provided, however, that the
order and time of prosecution shall be such that the work shall
be substantially completed as a whole and in part, in accordance
with this Contract, the plans and specifications, and within the
time of completion designated in the proposals; provided, also,
that when the Owner is having other work done, either by contract
or by his own force, the Owner's Representative may direct the
time and manner of construction work done under this Contract so
that conflicts will be avoided and the construction of the
various works being done for the Owner shall be harmonized.
The,Contractor shall submit, at such times as may reasonably
be requested by the Owner's Representative or Architect, sche-
dules which shall show the order in which the Contractor pro-
poses to carry on the work, with dates at which the Contractor
.will start the several parts of the work, and estimated dates of
completion of the several parts.
35. EXTENSION OF TIME ,
The Contractor agrees that he has submitted his proposal in
full recognition of the time required for the completion of this
project, taking into consideration the average climatic range and
industrial conditions prevailing in this locality, and has
considered the liquidated damage provisions of section 33
hereinabove set forth, and that heshallnot 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
fire
enemy, 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 -
i
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 fined, 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 an a unit price basis,
then Owner and Contractor agree that this Contract, including the
specifications, drawings and other Contract Documents are
intended to show clearly all work to be done and material to be
furnished hereunder. Where the estimated quantities are shown
for the various classes of work to be done and material to be
furnished under this Contract, they are approximations and are to
be used only as a basis for estimating the probable cost of the
work and for comparing their proposals offered for the work. It
is understood and agreed that the actual amount of work to be
done and the materials to be furnished under this Contract may
differ somewhat from these estimates, and that where the basis
for payment under this Contract is the unit price! method, payment
shall be for the actual amount of work done and materials
furnished on the project.
38. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the
adjacent or adjoining property or properties in any way en-
countered and which may be injured or damaged by any
process of construction to be undertaken under this Agreement,
and he shall be liable for any and all claims for such injury or
damage on account of his failure to fully protect all adjacent
property. The Contractor agrees to indemnify, save and hold
harmless the Owner against any claim or claims for damages due
- 21 -
to any injury to any adjacent or.
-growing out of the performance of
indemnity shall not apply to any
of the existence or character of
39. PRICE FOR WORK
adjoining property arising or
this Contract, but such
claim of any kind arising out
the work.
In consideration of furnishing all necessary labor, equip-
ment and material and the completion'of all work by the Contrac-
tor, and on the delivery of all materials embraced in this
Contract in full conformity with the specifications and stipu-
lations herein contained, the Owner agrees to pay the Contractor
the price set forth in the proposal attached hereto, which has
been made a part of this Contract, and the Contractor hereby
agrees to receive such price in full for furnishing all labor,
equipment and material required for the aforesaid work, and for
all expenses incurred by him, and for well and truly performing
the same and the whole thereof in the manner and according to
this Agreement, the attached specifications, drawings, Contract
Documents and requirements of the Architect and the Owner's
Representative.
40. CONSTRUCTION SCHEDULE &.PERIODIC ESTIMATES
Immediately after execution and delivery of the Contract,
and before the first partial payment is made, the Contractor
shall deliver to the Owner's Representative and to the Architect
an estimated construction progress schedule in a form satisfac-
tory to the Owner's Representative and Architect, showing the
proposed dates of commencement and completion of each of the
various -subdivisions of work required under the Contract Docu-
ments and the anticipated amount of each monthly payment that
will _become due the Contractor in accordance with the progress
schedule. The Contractor shall also furnish on forms to be
supplied by the Owner (a) a detailed estimate giving a complete
breakdown of the Contract price and (b) periodic itemized
estimates of work done for the purpose of making partial payments
thereon. The costs employed in making up any of these schedules
will be used only for determining the basis of partial payments
and will not be considered as fixing a basis for additions to or
deductions from the Contract price.
At least fifteen days before the date for each progress
payment established in Section 41 of these General Conditions,
the Contractor shall submit to the Architect an itemized Appli-
cation for Payment, notarized if required, supported by such data
substantiating the Contractor's right to payment as the Owneror
the Architect may require, and reflecting retainage, if any, as
provided elsewhere in the Contract Documents.
Unless otherwise provided in the Contract Documents,
payments will be made on account of materials or equipment not
incorporated in the work but delivered and suitably stored at
the site.
- 22 -
The Contractor warrants that title to all work, materials
and equipment covered by an application for payment will pass to
the Owner either by incorporation in the construction -or upon
the receipt of payment by the Contractor, whichever occurs first,
free and clear of all liens, claims, security interests or
encumbrances, hereinafter referred to as "liens", and that no
work, materials or equipment covered by an Application for
Payment will have been acquired by the Contractor, -or by any
other person performing work at the site or furnishing materials
and equipment for the project, subject to an agreement under
which an interest therein or an encumbrance thereon is retained
by the seller or otherwise imposed by the Contractor or such
other person.
The Architect will, within seven days after the receipt of
the Contractor's Application for Payment, either issue a Certi-
ficate for Payment to the Owner, with a copy to the Contractor,
for such amount as the Architect determines is properly due, or
notify the Contractor in writing of his reasons for withholding a
Certificate.
The issuance of a Certificate for Payment will constitute a
representation by the Architect to the Owner, based on the
Architect's observations at the site and the data comprising the
Application for Payment, that the work has progressed to the
point indicated; that, to the best of his knowledge, information
and belief, the quality of the work is in accordance with the
Contract Documents (subject to an evaluation of the work for
conformance with the Contract Documents upon Substantial Comple-
tion, to the results of any subsequent tests required by or
performed under the Contract Documents, to minor deviations from
the Contract Documents correctable prior to completion, and to
any specific qualifications stated in his Certificate); and that
the Contractor is entitled to payment in the amount certified.
However, by issuing a Certificate for Payment, the Architect
shall not thereby bedeemed to represent that he has made exhaus-
tive or continuous on-site inspections to check the quality or
quantity of the work, or that he has reviewed the! construction
means, methods, techniques, sequences or procedures, or that he
has made any examination to ascertain how or for what purpose
the Contractor has used the moneys previously paid on account of
the Contract Sum.
41. PAYMENTS TO CONTRACTOR
After the Architect has issued a Certificate for Payment,
and not later than the 25th day of each calendar month, the Owner
shall make a progress payment to the Contractor on the basis of a
duly certified and approved estimate of the work performed during
the preceding calendar month under this Contract, but to insure
the proper performance of this Contract, the Owner shall retain
POO five percent (5%) of the amount of each estimate until final
completion and acceptance of all work covered by this Contract:
23 -
Provided, that the Contractor shall submit his estimate not later
than the first day of the month;Provided, further, that the
Owner at any time after fifty percent SOA) 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 Ri ht To Withhold Certain Amounts and Make Applica-
tion Thereof: The Contractor agrees that he will indemnify and
save the Owner harmless from all claims growing out of the lawful
demands of subcontractors, laborers, workmen, mechanics, mate-
rialmen and furnishers of machinery and parts thereof, equip-
ment, power tools and all supplies, including commissary,
incurred in the furtherance of the performance of the Contract.
The Contractor shall, at the Owner's request, furnish satisfac-
tory evidence that all obligations of the nature hereinabove
designated have been paid, discharged or waived. If the
Contractor fails so to do, then the Owner may, after having
served written notice on the said Contractor, either directly pay
unpaid bills of which the Owner has written notice, or withhold
from the Contractor's unpaid compensation a sum of money deemed
reasonably sufficient to pay any and all such lawful claims until
satisfactory evidence is furnished that all liabilities have been
fully discharged, whereupon payment to the'Contractor shall be
resumed in accordance with the terms of this Contract, but in no
event shall the provisions of this sentence be construed to
impose any obligations upon the Owner to either the Contractor or
his Surety. In paying any unpaid bills of the Contractor, the
Owner shall be deemed the agent of the Contractor, and any
payment so made by the Owner shall be considered as a payment
made under the Contract by the Owner to the Contractor, and the
Owner shall not be liable to the Contractor for any such .payments
made in good faith.
No Certificate for a progress payment, nor any progress
payment,: nor any partial or entire use or occupancy of the
project by the Owner, shall constitute an acceptance of any work
not in accordance with the Contract Documents.
- 24 -
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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
f
- 25 '
The Contractor and each subcontractor shall prepare their
payrolls on forms satisfactory to and in
accordance with in-
structions to be furnished by the Local Public Agency or Public
Body. The Contractor shall submit weekly to the Local Public
Agency or Public Body two certified
copies of all payrolls of the
Contractor and of the subcontractors, it being understood that
the Contractor shall be responsible for the submission of copies
of payrolls of all subcontractors.
Each such payroll shall
contain the "Weekly Statement of Compliance" set forth in Section
3.3 of Title 29, Code of Federal Regulations. The payrolls and
basic payroll records of the Contractor
and each subcontractor
covering all laborers and mechanics employed upon the work
covered by this Contract shall be maintained during the course of
the work and
preserved for a period of three (3) years there-
after. Such payrolls and basic payroll records shall
r'
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
292 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
4 -
provide such benefits is enforceable, that the plan
or program is financially responsible and that
,.,
the plan or
program has been communicated in writing to the laborers or
mechanics affected,
and records which show the costs anticipated
or the actual cost incurred in providing such benefits.
The
Contractor and each subcontractor shall make their employment
records with
respect to persons employed by them upon the work
covered by this Contract available for inspection by
authorized
representatives of the Secretary of Housing and Urban
Develop-ment, the Local
Public Agency or Public Body and the United
States Department of Labor. Such
representatives shall be
permitted to interview employees of the Contractor
F„
or of any
subcontractor during working hours on the job.
f
- 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 299 Code of Federal Regulations. Also for the purpose
of this clause, regular contributionsmade 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
f 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
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 meetin
obligations under the plan or program. A co 9 the
pfindin
made by the Secretary of Labor in respect tofringe nbenefitsgs
4 r
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- 27 -
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, such other
rights as be aContract,ddition toshall
may afforded it unde�this withhold
from the Contractor, out of
any payments due the Contractor, so
much thereof as the Local Public Agency or Public Body may
consider necessary to pay such laborers or mechanics the full
amount of
�.,
wages required by this Contract. The amount so
withheld may be disbursed by the Local
Public Agency or Public
Body, for and on account of the Contractor or the subcontractor
(as may be
appropriate), to the respective laborers or mechanics
to whom the same is due, or
on their behalf to plans, funds or
programs for any type offringe benefit prescribed in
applicable determination. the
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 meetin
obligations under the plan or program. A co 9 the
pfindin
made by the Secretary of Labor in respect tofringe nbenefitsgs
4 r
r
- 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.�..—F.RZ..NBE..BENFF.IrS.NDT..E.XP.RESS.ED.-AS _HOURLY WAGE RATES
The Local Public Agency or Public Body shall require,
whenever the minimum rate prescribed in the Contract for a class
of laborers or mechanics includes a fringe benefit which is not
expressed as an hourly wage rate, and the Contractor is obligated
to pay the cash equivalent of such a fringe benefit, an hourly
cash equivalent thereof to be established. In the event the
interested parties cannot agree upon a cash equivalent of the
fringe benefit, the question, accompanied by the recommendation
of the Local Public Agency or Public Body, shall be referred,
'through the Secretary of Housing and Urban Development, to the
Secretary of Labor for determination. -
50. OVERTIME COMPENSATION REQUIRED BY CONTRACT WORK HOURS AND
SAFETY STANDARDS ACT (76 STAT. 357-360: TITLE 40 U.S.C.
SECTIONS 327-332
(a) Overtime requirements. No Contractor or subcontractor
contracting for any part of the Contract work which may require
or11 involve the employment of laborers or mechanics, including
watchmen and guards, shall require or permit any laborer or
mechanic in any work week in which they are employed on such work
to work in excess of 40 hours in such work week unless such
laborer or mechanic receives compensation at a rate not less than
one and one-half times their basic rate of pay for all hours
worked in excess of 40 hours in such work week.
(b) Violation Liability for unpaid wages and liquidated
damages. In the event of any violation of the clause set forth
in paragraph (a) of this Section, the Contractor and any subcon-
tractor responsible therefor shall be liable to any affected
employee for his unpaid wages. In addition, such Contractor and
subcontractor shall be liable to the United States for liquidated
damages. Such liquidated damages shall be computed with respect
to each individual laborer or mechanic employed in violation of
the clause set forth in paragraph (a) in the sum of $10 for each
calendar day on which such employee was required or permitted to
work in excess of the standard work week of 40 hours without
payment of the overtime wages required by the clause set forth in
paragraph (a).
(c) Withholding for liquidated damages. The Local Public
Agency or Public Body shall withhold or cause to be withheld from
any moneys payable on account of work performed by the Contractor
or any subcontractor such sums as may administratively be
- 28 -
r
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.
t
t.
(d) Subcontracts. The Contractor shall insert in any
r' 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
r insertion in any further subcontracts that may in turn be made.
r
- 29 -
51. EMPLOYMENT OF APPRENTICES/TRAINEES
r
(a) Apprentices will be permitted to work at 1
less than the
predetermined rate for the
,..
work the
employed and individually registered inraobons fidehay are
ren
ship program registered with the U. S. Department of Labor,ce-
Manpower Administration,
r
Bureau of Apprenticeship and Training,
or with a State Apprenticeship
or if a person isemployedinhisency firstrecognized days ofy the Bureau,
employment as an Y probationary
a
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
Apprenticeship
or a State
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
i
greater than the ratio permitted to the Contractor as to his
entire work force under the registered
!"
program. An employee
listed on a payroll at an apprentice wage rate who is not a
trainee as defined
a
v
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
approriate
and wage rates (expressed in percentages of the Journeymentios hourly
rates), for the area
r"
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
will not be permitted to work atlessthan Cpredeterminednees
the rate
for the work performed unless they are employed pursuant to
individually
and
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
Bureau of Apprenticeship and Trainin trainby the
paid
t
at not less than the rate specifiedEinrtherappro must pbe
rogram
for his level of progress. Any employee listed
onptheepaprollaat
y
r
- 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.COMPLAINTS9 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
sifications of laborers and mechanics employed upon
covered by this Contract shall be promptly reported
Contractor; in writing, to the Local Public Agency
for referral by the latter through the Secretary of
Urban Development to the Secretary of Labor, United
Department of Labor, whose decision shall be final
thereto.
or to clas-
Vie work
by the
or Public Body
Housing and
States
with respect
56. QUESTIONS CONCERNING CERTAIN FEDERAL STATUTES AND
REGULATIONS
I
- 31 -
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 lebbr standards
pro-
visions of any other pertinent Federal statute, shall be re-
ferred, through the Local
i
Public Agency or Public Body and the
Secretary of Housing and Urban Development, to the Secretary
r.,
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
a
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
t
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.
r"
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
r-
shall inspect the work and within said time, if the work
be found to be,completed
4
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
such Certificate. assigned to them in
I
- 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 andq 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 shallp 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
or the Owner's Representative, Owner may remove oand ereplace the itnwner at
r, Contractor's expense.
60. CORRECTION OF WORK AFTER FINAL PAYMENT
Neither the final payment nor certificate nor any provision
in this Contract shall relieve the Contractor of responsibility
for faulty materials or workmanship, and he shall remedy any
defects due thereto and pay for any damage to other work result-
ing therefrom which shall appear within a period of one (1) year
from the date of substantial completion. The Owner or the
Owner's Representative shall give notice of observed defects with
reasonable promptness.
61. PAYMENT WITHHELD
The Architect may decline to certify payment, and may
withhold his Certificate in whole or in part, to the extent
reasonably necessary to protect the Owner if, in his opinion, he
is unable to make representations to the Owner as provided. If
the Architect is unable to make representations to the Owner as
provided, and to certify payment in the amount of the Applica-
tion, he will notify the Contractor. If the Contract or the
Architect cannot agree on a revised amount, the Architect will
promptly issue a Certificate for Payment for the amount for which
he is able to make such representations to the Owner. The
Architect may also decline to certify payment or, because of
subsequently discovered evidence or subsequent observations, he
may nullify the whole or any part of any Certificate for Payment
previously issued, or the Owner may withhold or nullify the whole
or part of any Certificate of Payment, to such extent as may be
necessary to protect the Owner from loss because of:
-.
1.
defective work not remedied,
2.
third party claims filed or reasonable evidence
indicating probable filing such
of claims,
r.,
3.
failure of the Contractor to make payments
subcontractors, or for
properly to
i.
labor, materials.or
equipment,
4.
reasonable evidence that the work cannot be
for the unpaid balance
completed
of the Contract Sum,
5.
damage to the Owner or another contractor,
6.
reasonable evidence that the work will not
within the Contract time,
be com feted
p
7.
persistent failure to carry out the work in
with the Contract Documents,
accordance
or
C
r'
- 33 _
S. 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 acce-ptance 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 -
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 spply
the arbiters with any papers or information demanded in writin
•. the arbiters are empowered by both parties to take Ex Parte gr
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
shall be according to and governed bthetArbitrationoStatutes 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
PM 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 ropy 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,
materials or supplies then on the job, but theesame, tog
ether
tools,
with any materials and equipment under the Contract for work, ma
be held for use on the work by the Owner or the Surety of the y
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 whet
shall be allowed as provided for under Section 25 of thisedit
7
- 35
Contract); it b-eing understood that the use
materials will ultimately reduce the cost to
and be reflected in the final settlement.
of such equipment and
complete the work
In case the Surety should fail to commence
the notice for completion hereinbefore provided
(10) days after service of such notice, then the
provide for completion of the work in either of
elective manners:
compliance with
for, within ten
Owner may
the following
(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 theworkshall have been substantially completed,
the Contractor and his Surety shall be so notified and
certificates of completion and acceptance, as provided in
Section 57 hereinabove set forth, shall be issued. A
complete itemized statement of the Contract accounts,
certified by the Owner's Representative as being correct,
shall then be prepared and delivered,to the Contractor and
his Surety, whereon the Contractor or his Surety or the
Owner, as the case may be, shall pay the ,balance due, as
reflected by said statement, within sixty days after the
date of certificate of completion.
- 36 -
ra
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 machiner
tools, materials or supplies left on the site of thelworkt,
shall be turned over to the Contractor and/or his Surety.
MR 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 Contrct;
provided, however, that actual written notice a
given a 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 saidterms 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 incor or
at
the work. Thereupon, the Architect shall make an estimateeoflthe
total amount earned by the Contractor, which estimate shall
f 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 Contracts and a
reasonable sum to cover the cost of an provisions
Contractor to carry the whole `work to completion,anddwhichthe
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 teams 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 notintendedto 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, andatthe
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 -
r
the Owner. Should
ihe
though cause exists under nthis tprovision,nliquidatedidama nateeven
set forth herein shall in no way be affected. ages as
71. RIGHT OF THE OWNER TO TERMINATE CONTRACT
r -
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 of
such termination, the Owner shall Immediately tserveent noticeany
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
I In addition to the causes for terming
tion this
as herein elsewhere set forth, the Local PublicoAgency orntract 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 Federal
Labor Standards Provisions may also be groundsoforhese 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
for debarment as provided in 29 CFR 5.6. , and
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 o
to any benefit that may arise therefrom, but this r
not be construed to extend to this Contract if maderwith la shall
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,
+• PP ,
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 places,
available to employees and applicants for employment,
notices to be provided by the Contracting Officer setting
forth the provisions of this nondiscrimination clause. The
Contractor shall state that all qualified applicants will
receive consideration for employment without regard to race,
color, religion, sex or national origin.
(3) The Contractor shall incorporate the foregoing
requirements in all subcontracts.
B. Contracts Subject to Executive Order 11246, as
Amended.
(Applicable to Federally assisted construction
contracts and related subcontracts exceeding $10,000)
- 40 -
w. 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, u
pradin, demotion
or transfer; recruitment or recruitment advertising; layoff
or termination; rates of pay or other forms of compensation;
and selection for training, includinga
Contractor agrees to post in conspicousPplaces,savailable
ail
to employees and applicants for employment, notices it
provided by the Contracting Officer setting forto be
th the
provisions of this nondiscrimination clause..
r (2) The Contractor will, in all solicitations or
I advertisements for employees placed by or on behalf of the
Contractor, state that all
will
consideration for employment uwithout regard alified atosrace, color,e
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.
- 41
i
(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 September
of 24,
19650 and the rules, regulations and orders of the Secretar
of Labor, or
pursuant thereto, and will permit access to his
books, records and accounts by the Department
and the
Secretary of Labor for purposes of investigation to ascer-
tain compliance with such rules,
regulations and orders.
`
(6) In the event of the Contractor's noncompliance
with the nondiscrimination clauses
of this Contract o
any of such rules, regulations or orders, this Contract mayh
be cancelled, terminated
r
!
or suspended in whole or in part,
and the Contractor may be declared ineligible for
Government
further
contracts or federally assisted construction
contract procedures
authorized in Executive Order 11246 of
t
- 41
i
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 ExecutiveOrder
11246 of September 249 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
P" area, and contracts for work in connection with the project
l 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 Departmentissued
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.
rq
l:
- 43 -
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
17
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
a reement
or contract through which Federal assistance isg
and to such provided,
k
sanctions as are specified by 24 CFR 135.20(b).
rq
l:
- 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 -
r
I.
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
r. Engineer does not in any way reduce the responsibility of
a 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
9
r
EXHIBIT
• ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS
SO-CALLFD "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, 1946, 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. 9481
62 Stat. 862, 63 Stat. 108, 72 Stat. 967, 40 U.S.C., Sec. 276c)
The Secretary of Labor shall make reasonable regulations for
contractors and subcontractors engaged in the construction,
prosecution, completion or repair of public buildings, public
works or buildings or works financed in whole or in part by loans
or grants from the United States, including a provision that each
contractor and subcontractor shall furnish weekly a statement
with respect to the wages paid each employee during the preceding
week.Section 1001 of Title 18 (United States Code) shall apply
to such statements.
---XXX---
Pursuant to the aforesaid Anti -Kickback Act, the Secretary
of Labor, United States Department of Labor, has promulgated the
regulations hereinafter set forth, which regulations are found in
Title 29, Subtitle A, Code of Federal Regulations, Part 3. The
term "this part," as used in the regulations hereinafter set
forth, refers to Part 3 last above mentioned. Said regulations
are a follows:
TITLE 29 LABOR
r
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 whichis 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 n conditions'1 "prosecution",, 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` .(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.
r (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
t` 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, 19649 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's 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 eachlaborer
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:
Flo
(a) Any deduction made in compliance with the requirements
of Federal, State, or local law,
k
such as Federal
withholding income taxes and Federal social
or State
security taxes.
(b) Any deduction of sums previously
as a bona fide
paid to the employee
prepayment of wages when such
without discount or interest. A "bona fide
prepayment is made
r"
is considered to have been made only when cash
prepayment of wages"
or its equivalent
W.
has been advanced to the person employed in
give him complete freedom of disposition of
such manner as to
the
advanced funds.
(c) Any deduction of amounts required
be paid to another, unless the deduction is
by court process to
contractor, subcontractor or any affiliated
in favor of the
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 bath, 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 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 Iany 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.
i
ro
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:
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.
j Section 3.11 Regulations part of contract.
All contracts made with respect to the construction,
prosecution, completion, or repair of any public building or
(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.
r
(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.
j 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 of this sub-
title.
EXHIBIT B
WAGE DETERMINATIONS
.9
i
o6d�prya U.S. Department of Housing and Urban Development
* * Fort Worth Regional Office, Region VI
1600 Throckmorton
P. O. Box 2905
Fort Worth, Texas 76113.2905
�., January 27, 1994
Ms. Sandy Ogletree
Office of Community Development
r.. ATTN: Christy Drake
City of Lubbock
P. O. Box 2000
Lubbock, TX 79457
Dear Ms. Ogletree:
Subject: HUD Project Number B -93 -MC -48-0022
�• installation and Renovation of Playground Equipment
Lubbock (Lubbock county), TX
4
Enclosed is wage decision number TX93-28/151 (general wage decision),
which currently contains two (2) modifications 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. Zt is important that na_h
4= "Q X& nr.ivr UO Dsa opening.Any supersedeas decision or modification
announced in the Federal Register ten (10) days prior to bid opening will be
applicable to the subject project. If the contract has not been awarded
within ninety (90) days after bid opening, any modifications announced prior
to award of that contract will be effective.
The applicable wage decision must be made a part of the bid documents
(if any) or invitations for proposals and every subsequent contract and
subcontract for construction work on the project. The wage rates listed shall
be the minimum. The enclosed Federal Labor standards Provisions (HUD -4010)
must also be included in all contracts, subcontracts, and any lower -tier
subcontracts.
The recipient must hold a preconstruction conference with the principal
contractor and all available subcontractors prior to the start of
construction. The original copy of the prepared Preconstruct:ion Minutes must
be retained in your files and a copy submitted to this office.
The enclosed poster and wage decision must be posted in a prominent,
readily accessible place on the job site. The start Work Notice must be
completed and returned to the address shown on the top of the form.
rf you need additional information, please feel free to contact Judy
Little (817) 885-5828.
7abo.r'
ere1x,:-------
r
s F r on
Re4at ons Officer
Enclosures
General Decision Number TX930028 //j
Superseded General Decision No. TX910028
State: TEXAS
Construction Type:
Heavy
Highway
County(ies):
ECTOR POTTER TOM GREEN
LUBBOCK RANDALL
MIDLAND TAYLOR:
HEAVY (excluding tunnels & dams) and HIGHWAY PROJECTS (does not
include building structures in rest area projects).
Modification Number Publication Date
0 02/19/1993
1 C2/19/1993
2 01/07/1994
TX930028 - 1 01/07/1994
i
COUNTY(ies):
ECTOR POTTER
LUBBOCK RANDALL
MIDLAND TAYLOR
* SUTX2037A 11/13/1991
TOM GREEN.
Rates
$7.467
7.267
6.400
9.799
8.153
7.496
8.148
10.000
5.500
8.021
8.300
7.839
6.018
7.102
10.282
8.233
7.823
7.000
7.972
8.187
6.411
7.963
9.100
8.075
7.750
10.063
9.100
6.500
9.000
8.574
10.043
7.500
9.000
10.750
7.050
7.458
Fringes
1
TX930028 - 2 01/07/1994
ASPHALT HEATER OPERATOR
ASPHALT RAKER
ASPHALT SHOVELER
BATCHING PLANT WEIGHER
CARPENTER
t
CONCRETE FINISHER -PAVING
CONCRETE FINISHER STRUCTURES
ELECTRICIAN
i
FLAGGER
w.
FORM BUILDER -STRUCTURES
'..
FORM SETTER - PAVING & CURB
FORM SETTER -STRUCTURES
"
LABORER -COMMON
LABORER UTILITY
MECHANIC
t
I
OILER
SERVICER
PIPE LAYER
ASPHALT DISTRIBUTOR OPERATOR
ASPHALT PAVING MACHINE
�••
BROOM OR SWEEPER OPERATOR
BULLDOZER
CONCRETE PAVING CURING MACHINE
r"
CONCRETE PAVING FINISHING MACHINE
CONCRETE PAVING JOINT SEALER
CONCRETE PAVING SAW
CONCRETE PAVING SPREADER
REINFORCING 4TEEL MACHINE
SLIPFORM MACHINE OPERATOR
CRANE, CLAMSHELL, BACKHOE
DERRICK, DRAGLINE, SHOVEL
LESS THAN 1 1/2 C.Y.
CRANE, CLAMSHELL, BACKHOE
DERRICK, DRAGLINE, SHOVEL
1 1/2 C.Y. & OVER
CRUSHER OR SCREENING PLANT
OPERATOR
FOUNDATION DRILL OPERATOR
CRAWLER MOUNTED
FOUNDATION DRILL OPERATOR
TRUCK MOUNTED
FOUNDATION DRILL OPERATOR
HELPER
FRONT END LOADER - 2 1/2 C.Y.
& LESS
TOM GREEN.
Rates
$7.467
7.267
6.400
9.799
8.153
7.496
8.148
10.000
5.500
8.021
8.300
7.839
6.018
7.102
10.282
8.233
7.823
7.000
7.972
8.187
6.411
7.963
9.100
8.075
7.750
10.063
9.100
6.500
9.000
8.574
10.043
7.500
9.000
10.750
7.050
7.458
Fringes
1
TX930028 - 2 01/07/1994
FRONT END LOADFR - OVER 2 1/2
C.Y.
7.669
HOIST - DOUBLE 'RUM
8.100
MOTOR GRADER OPERATOR
FINE GRADE
10.343
MOTOR GRADER
9.835
PAVEMENT MARKING MACHINE
9.150
PLANER OPERATOR
10.458
ROLLER, STEEL WHEEL PLANT
MIX PAVEMENTS
6'828
ROLLER, STEEL WHEEL OTHER,
FLATWHEEL OR TAMPING
6.474
ROLLER, PNEUMATIC SELF-PROPELLED
6.455
SCRAPER -17 C.Y. & LESS
7.546
SCRAPER -OVER 17 C.Y.
7.655
SIDE BOOM
6.350
TRACTOR -CRAWLER TYPE 150 HP
AND LESS
7.290
TRACTOR -CRAWLER TYPE OVER
150 HP
1D.750
TRACTOR - PNEUMATIC
7.422
REINFORCING STEEL SETTER
`
PAVING
7.926
REINFORCING STEEL SETTER
STRUCTURES
9.086
STEEL WORKER - STRUCTURAL
9.000
SPREADER BOX OPERATOR
7.332
BARRICADE SERVICER WORK ZONE
6.500
TRUCK DRIVER -SINGLE AXLE LIGHT
6.592
TRUCK DRIVER -SINGLE AXLE HEAVY
6.791
TRUCK DRIVER -TANDEM AXLE SEMI
TRAILER
7.130
TRUCK DRIVER-LOWBOY/FLOAT
8.868
TRUCK DRIVER -TRANSIT MIX
6.891
WELDER
11.827
Unlisted class-Z-4cations needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29 CFR 5.5(a) (1) (ii) ) .
END OF GENERAL DECISION
TX930028 - 3 01/07/1994
r
.4 ,
Federal Labor Standards Provisions
7
Applicability
The Project or Program to which the construction work covered by this
contract pertains is being assisted by the United States of America and the
following Federal labor Standards Provisions are included in this Contract
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 (or under the United States Housing Act of
1937 or under the Housing Act of 1949 in the construction or development
of the project), will be paid unconditionally and not less often than once a
week. and without subsequent deduction or rebate on any account (except
such payroll deductions as are permitted by regulations issued by the
Secretary of labor under the Copeland Act (29 CFR Part 3), the full amount
of wages and bona fide fringe benefits (or cash equivalents thereol) due at
time of payment computed at rates not less than those contained in the
wage determination of the Secretary of tabor 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 t (bx2) 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(aXIXiv); 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(ax4). 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 CFA Part 5.5(axlHii) 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.
(17 (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 additions: 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
pedormed 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
wade determination.
4e (b) If the contractor and the laborers and mechanics to be employed
in the classification (if known), or their representatives. and HUD or its
designee agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the action
taken shall be sent by HUD or its designee tp the Administrator of the Wage
and Hour Division, Employment Standards Administration. U.S. Department
of labor, Washington. 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).
*end by Revision and adding, sere page 3
Previous Edition is Obsolete
U.S. Department of Housing
and Urban Development O
�I
HUD or its designee shall refer the questions, including the views of all
interested parties and the recommendation of HUD or its deiignee, to the
Administrator for determination. The Administrator. or an authorized repre
sentative, will issue a determination within 3() days of receipt and so ado;
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 OMS Control Number 1215-0140.)
(d) The wage rate (including fringe benefits where appropriate)
determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shat
be paid to all workers performing work in the classification under this cor
tract from the first day on which work is performed in the classification.
(di) Whenever the minimum wage rate prescribed in the contract for i
class of laborers or mechanics includes a fringe benefit which is not
expressed as an hourly rads, the contractor shag 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 this
person, the contractor may consider as part of the wages of any laborer o
mechanic the amount of any costs reasonably anticipated in providing
bona fide fringe benefits under a plan or program, Provided. That the
Secretary of tabor has found, upon the written request of the contractor.
that the applicable standards of the Davis -Bacon Act have been met The
Secretary of tabor 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 tabor
withhold or cause to be withheld from the contractor under this contract o
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 Pnme 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 workin
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 owne
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 bask records relating
thereto shall be maintained by the contractor during the course of the wor
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 constructio
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 -t%; con Ac
daily and weekly number of hours worked, deductions made and actual
wages paid. Whenever the Secretary of labor has found under 29 CFR 5
(alllXiv) that the wages of any laborer or mechanic include the amount of
any costs reasonably anticipated in providing benefits under a plan or prc
gram described in Section 1(bX2XB) of the Davis -Bacon Act the contract(
shall maintain records which show that the commitment to provide such
HUDA01012.81
IHS 1344.1
benefits is enforceable. that the plan or program is financially responsible.
and that the plan or program has been communicated in writing to the
laborers or mechanics abetted. and records which show the costs antici-
pated or the actual cost incurred in providing such benefits. Contractors
employing apprentices or trainees under approved programs shall maintain
written evidence of the registration of apprenticeship programs and certifi-
cation of trainee programs, the registration of the apprentices and trainees.
and the ratios and wage rates prescribed in the applicable programs.
(Approved by the Office of Management and Budget under OMB Control
Numbers 1215-0140 and 1215-0017.)
() (a) The contractor shall submit weekly for each week in which any
contract work is performed a copy of all payrolls to HUD or its designee if
the agency is a party to the contract but it the agency is not such a party.
the contractor will submit the payrolls to the applicant. sponsor, or owner.
as the case may be. for transmission to HUD or its designee. The payrolls
submitted shall set out accurately and completely all of the information
required to be maintained under 29 CFR Part 5.5(aX31ft This information
may be submitted in any form desired. Optional Form WH -347 is available
for this purpose and may be purchased from the Superintendent of Docu-
ments (Federal Stock Number 029-005-00014-1), U.S. Government Printing
Office. Washington. DC. 20402. The prime contractor is responsible for the
submission of copies of payrolls by all subcontractors. (Approved by the
Office of Management and Budget under OMB Control Number
1215-0149)
(b) Each payroll submitted shall be accompanied by a "Statement of
Compliance," signed by the contractor or subcontractor or his or her agent
who pays or supervises the payment of the persons employed under the
contract and shall certify the following:
(1) That the payroll for the payroll period contains the information
required to be maintained under 29 CFR Part 5.5 (a)(3xi) and that such
information is correct and complete;
(2) That each laborer or mechanic (including each helper,
apprentice, and trainee) employed on the contract during the payroll period
has been paid the full weekly wages earned. without rebate, either directly
or indirectly, and that no deductions have been made either directly or indi-
rectly from the full wages earned, other than permissable deductions as set
forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the
applicable wage rates and fringe benefits or cash equivalents for the clas-
sication of work performed, as specified in the applicable wage determina-
tion incorporated into the contract
(c) The weekly submission of a properly executed certification set
forth on the reverse side of Optional Form WH -347 shall satisfy the
requirement for submission of the "Statement of Compliance" required by
paragraph A.3.(iixb) of this section.
(d) The falsification of any of the above certifications may subject the
contractor or subcontractor to civil or criminal prosecution under Section
1001 of Title 18 and Section 231 of rifle 31 of the United States Code.
.p.- (iii) The contractor or subcontractor shall make the records required
under paragraph A3.O of this section available for inspection, copying, or
transcription by authorized representatives of HUD or its designee or the
Department of labor, and shall permit such representatives to interview
employees during working hours on the job. It the contractor or subcon-
tractor fails to submit the required records or to make them available. HUD
or its designee may, after written notice to the contractor, sponsor, appli-
cant, or owner, take such action as may be necessary to cause the sus-
pension of any further payment, advance. or guarantee of funds. Further-
more. failure to submit the required records upon request or to make such
records available may be grounds for debarment action pursuant to 29
CFR Part 5.12.
4. (i) Apprentices and Trainees. Apprentices. Apprentices will be per-
mitted to work at less than the predetermined rate for the work they per-
formed when they are employed pursuant to and individually registered in a
bona fide apprenticeship program registered with the U.S. Department of
Labor. Employment and Training Administration, Bureau of Apprenticeship
and Training, or with a State Apprenticeship Agency recognized by the
Bureau, or if a person is employed in his or her 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 on them
in any craft classification shall not be greater man the ratio permrttec
contractor as tome entire work force under the registered program.
worker listed on a payroll at an apprentice wage rate. who is not registi
or otherwise employed as stated above, shall be paid not less man t)tg
applicable wage rate on the wage determination for the classlficatio
work actually performed. In addition, any apprentice performing wor
the lob site in excess of the ratio permitted under the registered progra
shall be paid not less than the applicable wage rate on the wage dew:
nation for the work actually performed. Where a contractor is'perfor
construction on a project in a locality other than that in which its prc
registered. the ratios and wage rates (expressed in percentages of tl•
neyman's hourly rate) specified in the contractor's or subcontractor,_
tered program shall be observed Every apprentice must be paid at
less than the rate specified in the registered program for the appren
level of progress, expressed as a percentage of the journeymen hour•.
specified in the applicable wage determination. Apprentices shall bell,
fringe benefits in accordance with the provisions of the apprenticesl i
program. If the apprenticeship program does not specify fringe bent
apprentices must be paid the full amount of fringe benefits listed on the
wage determination for the applicable classification. If the Administrai0
determines that a different practice prevails for the applicable appre t
classification, fringes shall be paid in accordance with that determtn i
the event the Bureau of Apprenticeship and Training, or a State Apprer
ticeshrp Agency recognized by the Bureau, withdraws approval of an_
apprenticeship program, the contractor will no longer be permitted t
apprentices at less than the applicable predetermined rate for the w
performed until an acceptable program is approved.
rill Trainees. Except as provided in 29 CFR 5.16, trainees will nqu
permuted to work at less than the predetermined rate for the work p
formed unless they are employed pursuant to and individually regist
a program which has received prior approval, evidenced by formal cer
cation by the U.S. Department of labor, Employment and Training At1rt
stratiom The ratio of trainees to journeymen on the lob site snail not
greater than permitted under the plan approved by the Employment
Training Administration. Every trainee must be paid at not less than the
specified in the approved program for the trainee's level of progress,_._
expressed as a percentage of the journeyman hourly rate specified
applicable wage determination. Trainees shall be pard fringe benefit
accordance with the provisions of the trainee program. It the trainee of
gram does not mention fringe benefits, trainees shall be paid the full_
amount of fringe benefits listed on the wage determination unless to
Administrator of the Wage and Hour Division determines that there r
apprenticeship program associated with the corresponding journeyme
wage rate on the wage determination which provides for less than full
fringe benefits for apprentices. Any employee listed on the payroll at
trainee rate who is not registered and participating in a training plan
approved by the Employment and Training Administration shall be pay
less than the applicable wage rate on the wage determination for the
actually performed. In addition, any trainee performing work on the Ii
in excess of the ratio permitted under the registered program shall b
not less than the applicable wage rate on the wage determination for
work actually performed. In the event the Employment and Training A
istration withdraws approval of a training program, the contractor wi
longer be permitted to utilize trainees at less than the applicable pret
mined rate for the work performed until an acceptable program is
approved. _
(iii) Equal employment opportunity. The utilization of apprentice
trainees and journeymen under this part shall be in conformity with t
equal employment opportunity requirements of Executive Order 1124•
amended. and 29 CFR Part 30.
* S. Compliance with Copeland Act requirements. The contractor s
comply with the requirements of 29 CFR Part 3 which are incorporat
reference in this contract.
6. Subcontracts. The contractor or subcontractor will insert in any
contracts the clauses contained in 29 CFR 5.5(ax1) through (10) and
other clauses as HUD or its designee may by approphate instruction
require, and also a clause requiring the subcontractors to include the
clauses in any lower ter subcontracts. The prime contractor shall be
responsible for the compliance by any subcontractor or lower tier su
tractor with all the contract clauses in 29 CFR Pars 5.5.
*Amend by Adding, see page 3 HUD -4010 '
Page 2 of 3 Pages
7- Cuntracte termination; 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 Oavis-Bacon and Related Act Requirements. All rul-
ings and interpretations of the Davis -Bacon and Related Acts contained in
29 CFR Parts 1. 3, and 5 are herein 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 sub)ec: to the general
disputes clause of this contract Such disputes shall be 'esolved in accor-
dance with the procedures of the Department of Labor set forth in 29 CFR
Parts S. 6. and 7. Disputes within the meaning of this clause include dis-
putes between the contractor for any of its subcontractors) and HUD or its
designee. the U.S. Department of Labor, or the employees or their
representatives.
10. (i) Certification of Eligibility. By entering into this contract the con-
tractor certifies that neither it (nor he or shel nor any person or firm who
has an interest in 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(a)(1) or to be awarded HUD contracts or partici-
pate in HUD programs pursuant to 24 CFR Part 24.
(f) 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.
(iii) 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 55.000 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 staneards applicable under this Contract to
his employer.
B 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
.tours in such workweek unless such laborer or mechanic receives com-
*Emended by revision and addings (2/92)
pensation at a rate not less than one and one-half times the bask rate
pay for all hours worked in excess of eight hours in any calendar day
excess of forty hours in such workweek• whichever is greater.
(2) Violation; liability for unpaid wages; liquidated damages. In x
event of any violation of the clause set forth to subparagraph (1) of thr
paragraph, the contractor and any subcontractor responsible therefor
be liable for the unpaid wages. In addition. such contractor and subs(
tractor shall be liable to the United States On the case of work done w
contract for the District of Columbia or a territory. to such District or tc
territory), for liquidated damages. Such liquidated damages shall be a
puted with respect to each individual laborer or mechanic. including
watchmen and guards, employed in violation of the clause set forth in
paragraph (1) of this paragraph, in the sum of S10 for each calendar c
which such individual was required or permitted to work in excess of
hours or in excess of the standard workweek of forty hours without p,
•ment of the overtime wages required by the clause set forth in subpar
graph (1) of this paragraph.
(3) Withholding for unpaid wages and liquidated damages. HUC
designee shall upon its own action or upon written request of an autr
rized representative of the Department of labor withhold or cause to i
withheld, from any moneys payable on account of work performed by
Contractor or subcontractor under any such contract or any other Fei
contract with the same prime contract or any other Federally-assiste
tract subject to the Contract Work Hours and Safety Standards Act w
is held by the same prime contractor such sums as may be determine
be necessary to satisfy any liabilities of such contractor or subcontra(
for unpaid wages and liquidated damages as provided in the clause
forth in subparagraph 12) of this paragraph.
(4) Subcontracts. The contractor or subcontractor shall insert in
subcontracts the clauses set forth in subparagraph (1) through (4) of'
paragraph and also a clause requiring the subcontractors to include
clauses in any lower tier subcontracts. The prime contractor shall be
responsible for compliance by any subcontractor or lower ber suocor
for 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 surround
or under working conditions which are unsanitary, hazardous. or dan
ous to his health and safety as determined under construction safety
health standards promulgated by the Secretary of labor by reguiatior
(2) The Contractor shall comply with all regulations issued by the
Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 15181
failure to comply may result in imposition of sanctions pursuant to the
tract Work Hours and Safety Standards Act (Public Law 91-54.83 Sta
(3) The Contractor shall include the provisions of this Article in e
subcontract so that such provisions will be binding on each subcont.-
The Contractor snarl Like such action with respect to any subcontrac
the Secretary of Housing and Urban Development or the Secretary of
shall direct as a means of enforcing such provisions.
(1) Except with respect to helpers as defined in 29 CFR 5.2(n)(4), the work to be performed by
the classification requested is not performed by a classification in the wage determination$ and
(4) with respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in
the area in which the work is performed.
(4)(iv) Helpers. Helpers will be permitted to work on a project if the helper classification is
specified on an applicable wage determination or is approved pursuant to the conformance
procedure set forth in 5.5(a)(1)(li). The allowable ratio of helpers to journeymen employed by
the contractor or subcontractor on the job site shall not be greater than two helpers for every
three journeymen (in other words, not more than 40 percent of the total number of journeymen and
helpers in each contractor's or in each subcontractor's own work employed on the job site). Any
worker listed on a payroll at a helper wage rate, who is not a helper as defined in 29 CFR
5.2(n)(4), shall be paid not less than the applicable wage rate on the wage determination for the
classification of work actually performed. in addition, any helper performing work on the job
site in excess of the ratio permitted shall be paid not less than the applicable journeyman's
(or laborer's, where appropriate) wage rate on the wage determination for the work actually
performed.
f,. Page 3 of 3 Pages HUD -401C
1
SPECIFICATIONS
Playground Renovation Bid
Community Development.Projects - 1993
Parks Capital Project - 1993
Parks & Recreation Department
City of Lubbock, Texas
SECTION O1 SUMMARY OF WORK
I. General
1.1 Scope of Project
A. To renovate the playgrounds
at:
02
Butler Park
E.
4th
St.
@ Zenith Ave.
Carter Park
N.
Loop
289
@ Globe Ave.
Chatman Park
E.
29th
St.
@ Juniper Ave.
Guadalupe Park
E.
2nd St.
@ Avenue P
Lusk Park
E.
25th
Street '@ Oak Ave.
Maedgen Park
Amherst
St.
@ Boston Ave.
Washington Park
E.
22nd
St.
@ Cedar Ave.
Mackenzie Park
IH
27 @
3rd
Street
B. Contractor to supply all supervision, perform all
work, and furnish all labor, and incidentals
necessary to fully and properly complete all
work as described in the plans and
specifications. All construction and other work
shall be done in accordance with the best
engineering and construction practices for the
skill or trade involved. Playground equipment
and Park Benches will be furnished by owner.
1.2 Work Included
A.
Section
02
- Product Substitution
B.
Section
03
- Park Equipment
C.
Section
04
- Play Surface Material
D.
Section
05
- Concrete Work
E.
Section
06
- Earthwork & Grading
1.3 Additional Information
A. All information under General Instructions To Bidder,
General Conditions of Agreement, and Special
Conditions apply to this section.
B. These plans and specifications were prepared by the
Parks Department (which shall be called Owner). Owner
shall verify all construction stakes for locations of
elements at project sites.
r
C. Bidder shall be prepared to send owner a price breakdown
ofanyand/or all items he has bid on. Price
breakdowns will only be requested after the bid
opening has taken place.
2. Quality Assurance
2.1 Contractor shall take all precautions necessary to protect all
existing trees, shrubbery, sidewalks, buildings, vehicles,
utilities, etc., in the area where the work is being done
or that may be located adjacent to or in -route across park
property to the job site. The Contractor shall rebuild,
restore, and make good at his own expense, all injury and
damage to same which may result from work being carried out
under this contract.
2.2 The Contractor shall not park or drive any vehicles or
equipment beneath the dripline of on-site trees and shrubs.
Contractor and employees shall not park on unsurfaced park
property and shall not drive vehicles across park land
unless it is directly necessary to deliver materials to the
job site.
2.3 The Contractor shall take all necessary precautions to assure
the safety of the park visitors during the construction and
clean-up,operations. The Contractor shall maintain and keep
in good repair the work intended under these Plans and
Specifications and shall perform all necessary repair,
construction, and renewal to the date of acceptance by
Owner.
2.4 Any utilities and irrigation lines shown on plans are for
information only and are not guaranteed by the Owner to be
accurate as to location and depth. The Contractor's
attention is directed to the fact that other underground
utility lines may exist that Owner is not aware of. It is
the Contractor's obligation to locate and familiarize
himself with all utilities and to provide for their safety.
Damage to utilities will be repaired at Contractor's
Expense.
End - of - Section
r
Y
SECTION 02 PRODUCT SUBSTITUTION
Playground Construction - Butler, Carter, Chatman, Guadalupe,
Lusk, Maedgen, Washington & Mackenzie Parks, Lubbock, Texas
1. Conditions for substitutions ("OR EQUAL")
A. In the event that the clause "OR EQUAL" is used in the
specifications pertaining to materials, the Bidder
desiring to make substitutions for specified equipment
shall submit the following:
1. Product identification, including manufacturer's
name, address, and product literature.
2. Product description.
3. Product performance and test date.
4. Reference standards.
B. Request for substitution should be included with the
overall bid and will be considered before contract is
awarded.
C. After contract is awarded, no substitutions will be
considered. It will be Bidder/Contractor's
responsibility to ensure the availability of specified
product or substitution before bid date.
D. Bidder shall provide the same guarantee for substitution
as for product or method specified.
�., E. Bidder shall coordinate installation of accepted
substitution into work, making such changes as may be
required for work to be complete in all aspects.
F. Bidder shall waive all claims for additional costs
related to substitution which consequently becomes
apparent.
G. Bidder shall be prepared to send owner a price breakdown
of any and/or all items he has bid on. Price
breakdowns will only be requested after the bid
opening has taken place.
Y,.
2. Substitutions will not be considered if:
A. They are indicated or implied on shop drawings or
project data submittals without being formally
described in detail as to their differences from what
was originally specified.
B. Acceptance will require substantial revision of the
original design intent of the project.
End of - Section
PM
jIll
b .i
SECTION 03 PARK EQUIPMENT
Playground Construction - Butler, Carter, Chatman, Guadalupe, Lusk,
Maedgen, Washington & Mackenzie Parks, Lubbock, Texas
1. General
1.1 Scope of Project
To furnish and supply all labor, materials,
and incidentals necessary to renovate playgrounds
at the parks listed above.
1.2 Related Work Specified Elsewhere
A. Section 02- Product Substitution
B. Section 04- Play Surface Material
C. Section 05- Concrete Work
D. Section 06- Earthwork & Grading
1.3 Additional Information
A. All information under General Instructions To bidder,
General Conditions Of Agreement, and Special
Conditions apply to this section.
B. Bidders shall understand that the cost of miscellaneous
materials such as concrete footings, excavations, etc.
are not separate pay items. Costs for these materials
and labor shall be included in the bid price of the
specified construction.
2. Quality Assurance
2.1 Safety
A. All equipment shall be free of sharp edges, corners, and
extremely rough surfaces.
B. All raised platforms, walks, slides, and ramps shall
have handrails.-
2.2
andrails.
2.2 Allowable Tolerances
A. Wood shall be structurally sound and free of heart wood.
B. Wood shall not be noticeably warped or bowed and shall
be free of large checks, splinters, and wanes.
C. Metal shall be straight or at design radii and bends,
shall not have kinks, shall not be bent or crimped,
and shall be true to shape.
D. All metal parts and hardware shall be hot dip
galvanized, have electrostatically bonded color, or
have an approved corrosion -resistant coating.
E. Any material which does not conform to standards listed
in section will be rejected by owner and replaced by
Contractor at his expense.
2.3 Product Delivery, Storage, and Handling
A. Protect material from inclement weather: wet, damp,
extreme heat, or cold.
B. Keep manufacturer's labels and installation
instructions.
C. Item 2.2.E. applies to contractor if damage to material
occurs due to lack of precaution.
2.4 Job Conditions
Contractor shall be responsible for protection of
unfinished work and shall be responsible for the safety of
park users utilizing the unfinished equipment. The
contractor shall, at his own expense, furnish and erect
such barricades, fences, lights, and danger signals, and
shall take such other precautionary measures for the
protection of persons, property and the work as may be
necessary.
The contractor will be responsible for all damage to work due to the
failure of barricades, signs, and lights to protect it, and when damage
is incurred, the damaged portion shall be immediately removed and
replaced by the contractor at his own expense. The contractor's
responsibility for maintenance of barricades, signs, and lights shall
not cease until the date of issuance to contractor of City's
certificate of acceptance of the project.
3. Products
3.1 Park Equipment
A. All equipment and material shall be new, unused, and the
standard product of the manufacturer. There shall be
no repitiions of spring toys at any park. See Section
0 Product Substitutions.
3.2 Material - All park equipment to be furnished by owner.
3.3 Equipment to be installed is shown on the following
pages.
Notes:
1. -All post lengths are identified by text showing the post
lengths, i.e. 8 represents an 8 foot long post.
2. Deck -to -deck enclosure panel locations are marked by an
asterisk, The height of each panel may be found by
subtracting the lowest deck from the highest deck to which th
deck -to -deck enclosure panel mounts.
10
to
TIC-TAC-TOE
PANEL ,
TELE-TAU,IM —
u
STATION
- FINM�Ap
Com"-'1� - -• . -
T CHALLENGE
LADDER
12 l2 2-RaQ
SPIRAL SLIDE I SAffTY L'A'DDER
RAL
TEL_-TALXER -U LUDO R
i
CLMY
BUTLER PARK
ITEM
BENCH
COLOR
QUANTITY
SUPPLIER
MODULAR
BLUE
a
EXER PLAY
POLES
IRON MAINTAIN FORGE
PLASTICS
BLUE
RED
EVENTS
TAN
SPRING TOY
WHIRL SR102
2
*IAFTSMAN/BURIE
rgig
1
GAME TIME
r-
t
Earnest Butler
{
Scale: 1/8'=1'
r
Equipment Sheet 1 of 10
y J i
Notes:
1. All post lengths are identified by text showing the post
lengths, i.e. 8 represents an 8 foot long post.
2. Deck -to -deck enclosure panel locations are marked by an
asterisk, The height of each panel may be found by
subtracting the lowest deck from the highest deck to which the
deck -to -deck enclosure panel mounts.
DBL WIDE/LONO I 12
PLASTIC SLOE ; + 12 ( '} SPIRAL SLOE
1z`\`\ '2-FLNG BANNISTER
SLDtdO POLE �� l.ACOER SLIDE
LADDER PANELI IAAt. LADDf BBLADDER
TIC-TAC-TOE I BUBBLE PANEL% '
W/WHEEL .�
PAN toCURLY
%
19 11
CLATTER L 2-RUNO
BFVGE LADDER alga .,�'�� E
SAFfTY
RAL. l0 10 AFK>I
.0 ``"BER
SOL WIDE
I -STEP PLASTICSLIDE
i )0
DECK i ,10 POST WFC
to PANEL.
TRAM
STATION
CARTER PARK
ITEM
COLOR
QUANTITY
SUPPLIER
BENCH
BLUE
2
EIERPLAY
MODULAR
IRON MOUNTAIN FORGE
POLE
RED
PLASTIC
YELLOW
EVENTS
BLUE
SPRING TOY
*R102
2
K RAFTSMA SURKE
SPRING TOY - 2 SEAT
OW56
BLUE GUTTER
1
GAME TIME
SWING - 4 SEAT
esmict
1
IRON MOUNTAIN FORGE
BELT SEAT
2
BECKLEL CARDY CO.
TOT SEAT
2
BECKLEY CARDY CO.
WHIRL
*gig
1
GAME TIME
Clayton Carter Park
Scale: 1/80=1'
Equipment Sheet 2 of 10
TRANSFER
STATION ;o
I -STEP
DECK
Motes:
I. All post lengths are identified by text showing the post
leng2. Deck -to -deck �
deckenclosrepresents na foot l
urepanell cationsare marked by an
asterisk, The height of each panel may be found by
subtracting the lowest deck; from the highest deck to which the
deck -to -deck enclosure panel mounts.
STEP
LADDER
A"
1
T POST WIfEL
'a P TIC-TAC-TOE
SOIL woe
KAM SLIDE
SOL WIDE
K AM SLIDE
CHATMAN PARK
ITEM
BENCH
COLOR
QUANTITY
SUPPLIER
MODULAR
BLUE
$
EXERPLAY
POLE
BLUE
IRON MOUNTAIN FORGE
PLASTIC
GREEN
EVENTS
SPRING TOY sR102
ORANGE
SPRING TOY - 2 SEAT •805e
2
GAME TIME
TOT SEAT
Red
I
GAME TIME
2
BECKLEY CARDY CO.
J. A. Chatman
Saale:l /8'=1'
LADDER PANEL
Equipment Sheet 3 of 10
i
Notes:
1. All post lengths are identified by text showing the post
l lengths, i.e. 8 represents an 8 foot long post.
2. Deck -to -deck enclosure panel locations are narked by an
asterisk, The height of each panel may be found by
subtracting the lowest deck from the highest deck to which the
deck -to -deck enclosure panel mounts.
TC -TAC -TOE
10 PAIR- 10 SAFETY
TRAIWFEA RAL
STATION '
10
I—STEP
DECK
-� ;,
CLATTEii
BRDGE
ARCH =
10
TIC TAC -TOE
PANEL
10
BUBBLE PANEL
W/W EEL
—11
CURLY
CLIMBER
2 -RUNG
LADDER
/':� SPIRAL SSE
7
GUADALUPE PARK
ITEM
COLOR QUANTITY SUPPLIER
p
BENCH
GREEN 9 EXERPLAY
d
MODULAR
IRON MOUNTAIN FORGE
GREEN
PLASTIC
RED
j^
EVENTS
YELLOW
I!
SPRING TOY #R102
2 GAME TIME
SPRING TOY — 2 SEAT OWN
YELLOW 1 GAME TIME
TOT SEAT
2 BECKLEY CARDY CO.
WHIRL 0919
1 GAME TIME
I`
Guadalupe Park
7-
scale: Iie•=r
Equipment Sheet 4 of 10
TRANSFER
STATSTATION,(). DECK
to SAFE
PIN to PAL
Tic -TAC -TOE
10 PANEL
ORAL POST WHEEL
36• to ARCH
to Ct 1r6ER
c so
CLATTER 1` to
scat.. WIDE
PLASTIC SLIDE to \ tC
_ % SLIDING
CLfr6ER POLE
!"r 24{UP1C3 tt �I BA ASTER
LADDER J% 4ti' SLIDE
u
SAFETY
FM TREK , RAI.
�i
LADDER 1SAFETY
I
ORAL. X tt RAI. STEP
LADDER
LADDER PANEL Ct�..Y to .� �' tz„
CUMBER
fSSAFETY�\
RAI_ SPIRAL SLIDE
�VAMM
NUIF
5
PIPE
CUMBER
Notes:
1. Allpostlengths are identified by text showing the post
lenr 2. Decktto- deck hs•enclosureepanel nts nlocations a foot l are marked by an
asterisk, The height of each panel may be found by
t
deckrto-deckthe
lolowest
sure deck
panefrom
ountthe
highest deck to which the
Willie Lusk #1
j' Scale: 1/86=11 Equipment Sheet 5 of 10
7
TIC-TAC-TOE
PANEL
Ior„„aftg—A IC
Him
to
DBL. WDE
PLASTIC SLIDE
I�
Willie Lusk #2
Scale: 1ie.=1.
Equipment sheet 6 of 10
I
t 1SK PARK
ITEM
COLOR QUANTITY
SUPPLIER Notes:
AMOULAFt
IRON MOUTAIN FORGE
POLES
PLASTICS
BLUE
I.
All post lengths are identified by text showing the post
YELLOW
lengths, i.e. 8 represents an 8 foot long post.
SPRING TOY
98102 3
GAMETIME 2.
Deck -to -deck enclosure panel locations are marked by an
SPRING -A -BOUT
0243 1
GAME TIME
asterisk, The height of each panel may be found by
?-GO POLE
91525 1
GAME TIME
subtracting the lowest deck from the highest deck to which the
7ATOR
•1526 1
GAMETIME
deck -to -deck enclosure panel mounts.
I�
Willie Lusk #2
Scale: 1ie.=1.
Equipment sheet 6 of 10
I
SPIRAL SLIDE j
1
LADDER PANEL
081- PLASTIC /
':
TIC-TAC-TOE
PANEL
POST WHEEL -�
STEP
LADDER°
ARCH
Notes:
1. All post lengths are identified by text showing the post
lengths, 1.e. 8 represents an 8 foot long post.
2. Deck -to -deck enclosure panel locations are marked by an
asterisk, The height of each panel may be found by
subtracting the lowest deck from the highest deck to which the
deck -to -deck enclosure panel mounts.
2 -FLM 10
LADDER CLIFIL':
'`V% CLlMB�
C/HALLETJGEf /
LADDER
2 -RUNG
io LADDER
i
'
10
BANNISTER
SLIDE
IN" MEADGEN PARK
4 ITEM
COLOR
QUANTITY SUPPLIER
BENCH
BLUE
2 EXERPLAY
MODULAR
IRON MOUNTAIN FORGE
POLE
RED
iI
PLASTIC
GREEN
EVENTSBLUE
SPRING TOY ���
2 GAME TIME
SPRINO-A-BOUr 8243
1 GAME TIME
SWING — 4 SEAT S3H410
1 IRON MOUNTAIN FORGE
BELT SEAT
4 BECKLEY CARDY CO.
TOT SEAT
4 BECKLEY LARDY CO.
T—
Charles Maedgen #1
Scale: 1/80=11
toa TRANSFER
ST
A Ric •°
SAF:e:TY
i RAL
081- WIDE
'i
PLASTIC SLIDE
AL30 SEE TOT UNIT PAGE 09
Equipmet Sheet 7 of 10
+ SPIRAL. SLIDE
e ;
MER -DECK ��
Sia,
r
LADDER (:
ARCH
SPELLM PANEL
s ; BELOW DECIc
1�
C}.�p�IG TIC-TAC-TOE � +1 / S�X3
t BAR 1 PANELPOLE
BELOW DECK
TIC-TAC-TOE 1 MER -DECK
SAFESTEP TY
LADDER
LONG PANS /' �// 5TH'
LADDER RA- s2 PLASTIC SLIDE 10 11 SAFETY
RA -
:2 INTER -DECK RAL io \
OTTER -L -C -OK 11 / n y 12 STEP STEP , r
PCSt Wheel `�,� •' 'S' CHALLENGE
3 -RUNG 2 -RUNG LACCER
SAFETY
RaL �� LAOOER MATH -'R
PANEL
SAFETY ` ° ` :1 t 2-•RLM
RAL a.-�
'� LADDER
2 -RUNG ,
LACDER , ', ', CURLY 10
`✓ �:.:o
SAFETY X. SACT!
2-Rl2JG CLATTER RAL
a•* 'S' CHALLENGE ACDERBRIDGE
I LADDER 10 :a i• so
( SAFETY DSL WIDE
I t PLASTID SLOE
RAL
ULw . �\ 10
SAFETYis
:o , f 'a 36' 2 7 2 -STEP
so DECK
STEP '. CURLY
LADDER CL>F � RAL
SOL WIDE
PLASTIC SLIDE SAF=�Y\ ., Io ANNAL
RAL q PANEL
? 10
SAFETY o
Notes: RAS, �% I
1. All post lengths are identified by text showing the post IcJ r i
lengths, 1.e. 8 represents an 8 foot long post. T-STi:off
2. Deck -to -deck enclosure panel locations are narked by an DECK STATION
asterisk, The height of each panel may be found by
subtracting the lowest deck from the highest deck to which the
deck -to -deck enclosure panel mounts.
i
r'
r
Mackenzie Park #1
Scale: 1/80=1'
I
Equipment Sheet 8 of 10
7
10
1 -STEP
DECK
If 2W
10
ANL(ALWINDOW PANG.
PANEL Li
W1WHEEL
10
SM WDE
PLASTIC SUM
Mackenzie Park #2
Scale: 1/80=11
MEADGEN PARK
ITEM COLOR QUANTITY SUPPLIER
TOT MODULAR IRON MOUNTAIN FORC
POLE RED
PLASTIC GREEN
EVENTS BLUE
Notes:
t 1. All post lengths are identified by text showing the post
lengths, i.e. 8 represents an 8 foot long post.
2. Deck -to -deck enclosure panel locations are marked by an
asterisk, The height of each panel may be found by
subtracting the lowest deck from the highest deck to which the
deck -to -deck enclosure panel mounts.
TIC-TAC-TOE >�
PANES.
10 10
ELBOW
SLDE
Charles Maedgen #2
Scale: 1 /8'=1'
Equipment Sheet 9 of 10
t
MACKENZIE PARK
-
ITEM
COLOR
QUANTITY
SUPPLIER
BENCH
BLUE
S
EXERPLAY
MODULAR
IRON MOUNTAIN FORGE
POLES
RED
i
PLASTIC
YELL
EVENTS
BLUE
SPRING TOY *R102
2
GAME TIME
SPRING TOY - 2 SEAT *eM
YELLOW
1
GAME TIME
TOT SEAT
S
BECKLEY CARRY CO..
t
TOT MODULAR
IRON MOUNTAIN FORGE
'
POLES
BLUE
PLASTICS
RED
...
EVENTS
YELLOW
10
1 -STEP
DECK
If 2W
10
ANL(ALWINDOW PANG.
PANEL Li
W1WHEEL
10
SM WDE
PLASTIC SUM
Mackenzie Park #2
Scale: 1/80=11
MEADGEN PARK
ITEM COLOR QUANTITY SUPPLIER
TOT MODULAR IRON MOUNTAIN FORC
POLE RED
PLASTIC GREEN
EVENTS BLUE
Notes:
t 1. All post lengths are identified by text showing the post
lengths, i.e. 8 represents an 8 foot long post.
2. Deck -to -deck enclosure panel locations are marked by an
asterisk, The height of each panel may be found by
subtracting the lowest deck from the highest deck to which the
deck -to -deck enclosure panel mounts.
TIC-TAC-TOE >�
PANES.
10 10
ELBOW
SLDE
Charles Maedgen #2
Scale: 1 /8'=1'
Equipment Sheet 9 of 10
Notes:
I. All post lengths are identified by text showing the post
lengths, i.e. 8 represents an 8 foot long post.
2. Deck -to -deck enclosure panel locations are marked by an
asterisk, The height of each panel may be found by
subtracting the lowest deck from the highest deck to which the
deck -to -deck enclosure panel mounts.
i -STEP 10
DECK TRANSFER
STATION
a.
Ic :o
OANIMAL
RAL PANE.
11 '1 CHNNING
1 SAFELY BAR
RAL
STEP i
LAD6AZn 10 to
DBL WIDE 10
PLASTIC SLIDE
Cud
'Sr CHALLENGE
LADDER
s'
1
i
SPELLING
STEP 10 PANEL u
. LADDER
u �
"DOW PANEL
W1WHE8.
SLIDING
POLE JXJ
t2
SPIRAL SLIDE
.WASHINGTON PARK
ITEM COLOR QUANTITY SUPPLIER
N" -BENCH BU1E S EXERPLAY
MODULARPOLE RED IRON MOUNTAIN FORGE
PLASTIC TAN
EVENTS BLUE
1NG TO R102
' 1° MATH
PANEL
2 -RUNG
LADDER
ARCH
CUMBER
\
SAFM
l2 ` RAIL
TIC-TAC-TOE PANE.
BELOW DECK
Y
F3W
2 GAME TIME
PRING TOY -2 SEAT 0068 CRAN W7GLITTER i GAME TIME
NG - 2 SEAT SH210 1 IRON MOUNTAIN FORGE
IOTSEAT 2 BECIQEYCARDYCO.
Booker T. Washington
SCale:t i8.=1,
SOL WIDE
PLASTIC SLIDE
Equipment Sheet 10 of 10
4. Execution
4.1 Installation
A. Prior to installation of equipment, Contractor is to
stake location of all footings according to the
manufacturer's specifications and contact Owner for
verification and approval. This is to ensure that
pieces are properly spaced to Owner's satisfaction and
that the minimum requirements for "safety zones" are
met. Owner shall solve any installation discrepancies
contractor may have at this time.
B. All equipment shall be installed according to
manufacturer's specifications and erection drawings.
Contractor shall be responsible for obtaining erection
drawings, installation specifications, and a bill of
materials for each piece of equipment from the
manufacturer.
C. It shall be the Contractor's responsibility to acquire
any missing pieces of equipment or replace any damaged
pieces through the manufacturer.
D. All footings shall be as recommended by manufacturer or
as specified on plans. Contractor shall be aware of
and make allowances for sand backfill in regard to
equipment installation height. (Note: All pieces are
to be installed to manufacturer's directions as to
specific height requirements.) Concrete to be as
specified in section 05 .
E. All pieces to be installed level regardless of slope,
unless otherwise directed by manufacturer or owner .
F. Contractor to replace any pieces damaged during
installation with replacement material from the
manufacturer. This is to be done at Contractor's
expense.
G. Contractor shall submit one set of erection drawings to
Owner showing footing layout and departures from
original pians.
i- H. Contractor is to touch-up all chips in paint to match
existing colors.
I. Contractor shall close all'"S" hooks completely using
"S" hook pliers as specified by equipment
manufacturer. "S" hooks shall never be reused or
reclosed.
Manufacturer Phone Numbers:
Beckley Cardy Company 1-800-227-1178
Exerplay 1-800-457-5444
Game Time 1-800-235-2440
Iron Mountain Forge 1-800-325-8828
Kraftsman/Burcke 1-800-726-1816
Sports and Recreational Products 1-800-635-2423
4.2 Equipment Check
The Contractor shall, one week after installation
of equipment, check that all parts are secure
and are in good working condition.
5. Clean-up
5.1 Contractor shall clean up and haul off all construction
debris, including excavated rock material. Area shall be
graded back into existing grade smoothly.
5.2 All spare parts such as nuts, bolts, washers, or any other
piece of equipment shall be turned over to Owner following
completion of project.
5.3= Contractor is to remove all part label stickers
before final inspection is conducted.
6. Warranty
6.1 Contractor shall guarantee all labor, workmanship, and
materials supplied by contractor for a period of one (1)
year from date of acceptance. After a period of one year,
the Contractor may be -required at the discretion of Owner,
to make one final check for tightness of all parts.
6.2 Repairs made necessary due to faulty workmanship shall be made
promptly by Contractor at Contractor's expense.
End of Section
SECTION 04 PLAY SURFACE MATERIAL
Playground Construction- Butler, Carter, Chatman, Guadalup, Lusk,
Maedgen, Washington & Mackenzie Park, Lubbock, Texas
1. General
1.1 Scope of Project
A. Contractor shall furnish all labor, tools, equipment,
supervision, etc. required to install play surface as
indicated on the plans and specified therein at the
parks listed above. Owner will furnish play surface
material to the site. Contractor shall place play
surface material in the playground.
1.2 Related work specified elsewhere:
A. Section 01 - Summary of Work
B. Section 02 - Product Substitution
C. Section 03 - Park Equipment
D. Section 05 - Concrete Work
E. Section 06 - Earthwork & Grading
1.3 Additional Information
A. All information under GENERAL INSTRUCTIONS TO BIDDER,
GENERAL CONDITIONS OF AGREEMENT, and SPECIAL
CONDITIONS apply to this section.
2. Material
2.1 Play surface shall be the following:
A. #4 Grave
2.2 Approval
A. Contractor shall submit sample for approval
prior to installation.
3 Execution
3.1 Play surface shall be placed as detailed on
plans and shall be installed as equipment
is installed. All footings of the playground
equipment shall have a minimum of 10" #4 gravel
cover.
End of Section
SECTION 05 CONCRETE WORK
Playground Construction - Butler, Carter, Chatman, Guadalupe,
Lusk, Maedgen, Washington & Mackenzie Parks, Lubbock, Texas
1. General
1.1 Scope of Project
A. To furnish and supply all labor, equipment, materials,
and incidentals necessary to complete concrete work at
the parks listed above.
1.2; Related work
specified elsewhere
A.
Section
01 -
Summary Of Work
B.
Section
02 -
Product Substitution
C
Section
03 -
Park Equipment
D.
Section
04 -
Play Surface Material
E.
Section
06 -
Earthwork & Grading
1.3 Additional Information
A. All information under General Instruction to Bidder,
General Conditions of Agreement; and Special
Conditions apply to this section.
2. Site Information
2.1 Protection of Site
A. Contractor shall be responsible for protection of plant
material, irrigation system, security lighting, and
any other existing park facilities that may be located
adjacent to or in route across park property to the
construction site.
B. Contractor shall not park or drive vehicles or equipment
beneath the dripline of on-site trees and shrubs.
C. Pre -mix concrete trucks delivering concrete to the site
shall not dump slag or wash down their vehicles on
park property or adjacent private property.
Contractor shall be responsible for notifying concrete
truck drivers of this policy.
2.2 Subgrade Preparation
A. Subgrade preparation to include removal, hauling, and
disposal of all excavation of sub -soil, trees, shrubs,
concrete slabs, or any other obstructions shown on
plans or as designated by Owner.
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1 2.3 Site Preparation
A. Contractor is responsible for layout of work based on
plan dimensions, excavation, grading, leveling, and
compaction of subgrade and fill material.
B. Owner will approve initial elevation of slabs for
structures and contractor shall be responsible for all
sidewalk grades.
C. Contractor shall verify work to Owner after subgrade
preparation is completed prior to actual construction
installation.
3. Concrete Material
3.1 "Ready -Mix" Concrete
A. Mix Design - concrete mix design shall be based on the
water -cement ratio, five (5) sacks cement per cubic
yard with six (6) gallons of water per sack. Minimum
slump of 3 1/2" - 5" acceptable. Concrete shall have
a twenty eight (28) day compressive strength at 3,000
p.s.i.
B. Contractor shall use "ready -mix" concrete. Transporting
vehicle shall be operated such as to ensure delivery
and placement in forms without loss or segregation of
ingredients.
3.2 Ingredients
A. Cement - Portland cement shall meet requirements of
A.S.T.M. specifications designation C-150 and shall be
Type 1.
B. Aggregate - Concrete aggregates shall consist of gravel
or crushed stone and shall be free from any excess
amount of salt, alkali, vegetative matter or other
objectionable material. The aggregate shall be well
graded from fine to coarse and the maximum size shall
be three-quarter (3/4) inch. Fine aggregate shall
consist of sand and it shall be clean, hard, durable,
and free of lumps.
C. Water - shall be clean and free from injurious amounts
of acids, alkalies, vegetative matter, or other
organic material. The concrete shall be mixed in an
approved batch mixer. Mixing time shall not be less
than one (1) minute after all the batch material is in
the mixer.
D. Fibers intended for use in strengthening concrete shall
be included in the mix composition.
3.3 Hardware
A. Forms - shall be of ample strength, adequately braced,
joined neatly, tightly, and set exactly to established
line and grade. Forms to remain until concrete has
taken final set.
B. Reinforcing Materials (if applicable) — Steel wire
reinforcement mesh to be 6" x 6" 10 X 10 electrically
welded wire fabric. Fabric shall be securely fastened
and placed so that there is no possibility of
displacement when concrete is poured. Mesh shall be
suspended 2" from base of slab. Reinforcement
material shall be free of rust, scale, or other
coatings that will destroy or reduce bond.
3.4 Verification
A. Prior to start of concrete operations, the Contractor
shall submit to Owner a statement from material source
stating that mix conforms to specified elements in
section 3.0 Concrete Material. Statement will show
mix design ratio, type of cement used, and aggregate
size and quality.
4. Execution
4.1 Placing Concrete
A. Concrete shall be rapidly deposited on the sub -grade
immediately after mixing is completed. Subgrade and
forms shall be dampened prior to placement of the
concrete. The concrete shall be transported, placed,
and spread in such a manner as to prevent segregation
of the aggregate or an excess amount of water and fine
materials to be brought to the surface. No concrete
shall be placed when the air temperature is less than
forty degrees Fahrenheit (40F.), nor when the
temperature of the concrete is ninety degrees
Fahrenheit (90F) or above.
P"6
i
y
B. Placement shall be carried on at such a rate that the
concrete is at all times plastic and flows readily
�., into the space between the reinforcement.. No concrete
that has been partially hardened or that has been
contaminated by foreign material shall be deposited in
the work nor shall retempered concrete be used. Each
section of pavement between expansion and contraction
Joints shall be placed monolithically.
C. All concrete shall be thoroughly compacted by suitable
means during the operation of placing and shall be
thoroughly worked around reinforcement, embedded
fixtures, and into the corners of the forms. Special
care shall be taken to prevent voids and honeycombing.
The concrete shall then be struck off and bull -floated
before bleed water has an opportunity to collect on
the surface.
4.2 Sectioning Concrete
A. Control Joints- shall be used (in conjunction with
expansion joints -see 4.2 B) as specified on plans.
Placement of control joints shall correspond to plans.
Control joints shall be placed every four to eight
feet in most cases but shall never be more than 20
feet apart in any direction. When possible, jointed
panels shall be approximately square in shape.
Control joints shall be continuous, not staggered or
offset. Control joints shall be 1/2" wide and 3/4"
deep, tooled or sawn in place. Tooled control joints
shall have a 1/8" radius .
B. Expansion Joints- shall be used (in conjunction with
control joints - see 4.2 A) as specified on plans.
Expansion joints shall extend the full depth of the
concrete and shall provide for lateral movement
between slabs or other fixed structures. Expansion
joints shall be located at the intersections of all
concrete elements and at least every 30' in sidewalks
or every 15' to 20' each way in larger areas.
Expansion joints shall be 1/2" wide and contain a 1/2"
premolded fiberfill expansion joint filler. The top
of the joint shall have a 1/8" radius; the top 1/2" of
the joint shall be filled with a gray colored Urethane
Sealant.
4.3 Protection of Concrete
A. Contractor shall be responsible for the protection of
uncured concrete. Contractor shall allow no stray
markings or footprints to be placed in the uncured
concrete.
d End - of - Section
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i
SECTION 06 EARTHWORK and GRADING
Playground Construction - Butler, Carter, Chatman, Guadalupe, Lusk,
Maedgen, Washington & Mackenzie Parks, Lubbock, Texas
1. General
1.1 Scope of Project
A. To furnish and supply all supervision, equipment, and
labor necessary to perform excavation, grading,
backfill, compaction, and stock piling of material as
specified herein and on the plans.
1.2 Related work specified elsewhere
A. Section 01 - Summary of Work
B. Section 02 - Product Substitution
C. Section 03- Park Equipment
D. Section 04 - Play Surface
E. Section 05 - Concrete Work
1.3 Additional Information
A. All information under GENERAL CONDITIONS OF AGREEMENT,
GENERAL INSTRUCTIONS TO BIDDER, and SPECIAL
CONDITIONS, apply to this section.
B. The bid amount shall be total cost for work mentioned in
the scope of work.
2. Products
2.1 Material -Site. Fill
A. Fill material to be free from trash, lumber, debris,
roots over l" in diameter, matted roots, rocks over 3"
in diameter, topsoil, highly plastic soils or other
deleterious material.
2.2 Material -Top Soil
A. Natural, fertile, friable soils possessing
characteristics of soils in the vicinity which produce
heavy growth of crops, grass, or other vegetation.
B. Top soil to be free of subsoil, brush, organic litter,
objectionable weeds, clods, shale, stones 2" dimension
or larger, stumps, roots, or other materials harmful
to grading, planting, plant growth, or maintenance
operations.
3. Execution
3.1 Protection
A. Carefully maintain bench marks, layout stakes, and other
reference points.
B. Protect property, including adjoining property and
public right-of-way, from damage by trucks and
equipment.
C. Protect active utilities to be retained on site, whether
shown on drawings or uncovered during excavation
operations. If damaged, repair at Contractor's
expense.
D. Protect existing trees and plant material to be retained
from damage by trucks and equipment.
E: Keep excavations free of water.
3.2 Site Preparation
A. Clearing
1. Strip existing topsoil from areas affected.
Stockpile on site for re -use.
2. Remove trash, debris, and other obstructions found
at or above existing grade from areas of
proposed structures, walks, curbs, and paving
(if applicable).
3. Remove existing plant material (if applicable)
only as directed by the Owner.
B. Grubbing (if applicable)
1. Remove stumps, roots over 2" in diameter, matted
roots and other obstructions found at or below
existing grade from cleared areas.
2. Remove waste materials daily as it accumulates.
3. Comply with applicable codes and ordinances
regarding waste transportation and disposal.
4. Burning and blasting on site will not be
permitted.
3.3 Excavation
A. Excavate to bring areas to grade and subgrades
indicated. Scarify excavated areas occurring under
concrete to a depth of 6", then compact to required
density.
B. Stockpile all excavated material on site; exact location
to be determined by Owner.
C. Contractor to separate top soil and subsoils into two
(2) piles.
D. Remove underground obstructions. Where rock is
encountered at subgrade, undercut minimum of 15" below
and backfill with approved fill.
3.4 Fill and Backfill
A. Placing: Place material in loose, even successive lifts
not to exceed the following depths: (if applicable).
1. Fill below concrete slabs: Max. 8" high lifts to
overall compacted depth as indicated on
drawings.
2. Site fill and backfill : Max. 12" high lifts.
B. Compaction: Thoroughly and evenly compact each lift to
the following densities:
1. Fill below concrete slabs: Not less than 95%
standard density to at least four (4) feet
outside of slab.
2. Site fill: Not less than 90% standard density.
C. Cushion Sand: Provide uniform, smooth, compacted sand
.layer to 2" depth below site flatwork. Moisten and
compact sufficiently to prevent undue displacement
during the placement ofreinforcing and concrete.
D. Moisture Control: When moisture must be added prior to
compaction, uniformly apply water to surface, but do
not flood. Free water shall not appear on surface
during or after compaction operations. Remove and
replace, or scarify air-dry soil too wet to allow
proper compaction.
3.5 Grading
A. Uniformly grade areas, including adjacent transition
areas to smooth surface at required grades and
elevations. Adjust contours to eliminate water
ponding and provide positive drainage.
B. Concrete subgrade: Excavate or fill as required to
provide finish grade shown on plans. Shape subgrade
to true and even lines to provide for uniform
thickness of sand cushion.
C. Finish Grades Adiacent to Pavement: Cut or fill so that
turf and planting areas adjacent to concrete are 1"
below said concrete. Slope soil smoothly back to
adjacent grade.
3.6 Finish Grading
A. Fine grade areas to achieve final contours indicated.
Leave areas to receive topsoil 4" below final desired
grade.
S. Provide uniform roundings at top and bottom of slopes
and other breaks in grade. Correct irregularities and
areas where water will stand.
C. Topsoil:
1. Place topsoil to 4" depth over areas modified by
work or this contract which are not covered by
buildings, walks, or pavings.
2. Uniformly distribute topsoil to required grades;
feather back to where grades remain unchanged.
3. Place and compact topsoil in a manner conducive to
the growth and maintenance of good turf.
4. Degree of finish shall be that ordinarily
obtainable with blade or scraper operations.
Remove rubbish, vegetation, and rocks over 1-
1/2" in diameter. Leave areas smooth and
suitable for establishment of lawns and
planting. Correct irregularities and areas
where water will stand.
3.7 Maintenance
A. Protect newly graded areas from traffic, construction
and weather damage, washing, erosion and rutting, and
repair such damage that occurs.
B. Correct settlement below established grades to prevent
pounding of water.
C. All excess material and waste to be removed from site
and work to be left in clean, finished condition.
End - of - Section
SPECIAL CONDITIONS
NOTICE OF ACCEPTANCE
TO:
r" The City of Lubbock, having considered the proposal; submitted
and opened on the day of 199, for work to
be done and materials to be furnished in and for:
as set forth in detail in the Specifications, Plans, and Contract
Documents for such work for the City of Lubbock; it appearing that
your proposal is fair, equitable and to the best interest of said
City, please take notice that said proposal was accepted by the City
Council of the City of Lubbock on the day of
199 at the bid price contained therein, subject to the execution of
and furnishing of all contract documents, bonds, certificates of
insurance, and all other documents specified and required to be
executed and furnished under the contract documents. It will be
necessary for you to execute and furnish to the City of Lubbock all
such documents within ten (10) days from your receipt of this Notice.
The five 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.
Representative
7
CITY OF LUBBOCK
Owner 'S