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Home My WebLink AboutResolution - 3468 - Contract - Permian Basin Electric Inc - Lighting, Helen Hodges-Westfield - 10/11/1990DGV:js RESOLUTION Resolution # 3468 BID #10860 October 11, 1990 Item #26 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract by and between the City of Lubbock and Permian Basin Electric, Inc. for Helen Hodges - Westfield Lighting, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 11th day of October , 1990. ATTEST: nefte Boyd, pity ,)ec►-etary APPROVED AS TO CONTENT: -Gene Ea s, Purchasin Manager APPROVED AS TO FORM: A Dd*ild G. Vandiver, First Ass ;City Attorney e B. C. McMINN, MAYOR P-0 Res #3*69 CITY OF LUBBOCK SPECIFIC .TITUNI S FCI;. HELE"v I40LCES-WESTFIELU LIGHTING BID # 1036f; CITY OF LU113BOCK - Lubbock, Texas,.5 � � MAILED TO VENDOR: 9/11/90 CLOSE: 09/19/90 BID # 10860 ADDENDUM # 1 PLEASE NOTE THE FOLLOWING: Please modify or amend Contract Specifications and drawings as per the enclosed set of plans. THANK YOU, RON SHUF ELD CITY OF LUBBOCK PURCHASING DEPARTMENT. —. PLEASE RETURN ONE COPY WITH YOUR BID CITY OF LUBBOCK SPECIFICATIONS FOR HELEN HODGES-WESTFIELD LIGHTING BID # 10860 (This page left blank intentionally) INDEX 1, NOTICE TO BIDDERS 2. INFORMATION FOR BIDDERS 3. BID PROPOSAL — BID FOR LUMP SUM CONTRACTS 4. BID PROPOSAL BID FOR UNIT PRICE 5. PAYMENT BOND (FOR CONTRACTS IN EXCESS OF $25,000) 6. PERFORMANCE BOND (FOR CONTRACTS IN EXCESS OF $25,000) 7. CERTIFICATE OF INSURANCE 8. HUD CERTIFICATIONS 9. CONTRACT 10. GENERAL CONDITIONS OF THE AGREEMENT 11. EXHIBITS .A. Copeland Anti -Kickback Regulations B. Current Wage Determinations 12. SPECIAL CONDITIONS OF THE AGREEMENT -13. SPECIFICATIONS (TO BE PROVIDED BY ENGINEERS) 14. SPECIAL CONDITIONS (TO BE PROVIDED BY ENGINEERS) 15. NOTICE OF ACCEPTANCE (This page left blank intentionally) No Text (This page left blank intentionally) NOTICE TO BIDDERS CDWO 3113-599120-0001 COMMUNITY DEVELOPMENT BLOCK GRANT CITY OF LUBBOCK BID # 10860 Sealed proposals addressed to Gene Eads, Purchasing Manager, City of Lubbock, Texas, will be received at the Purchasing Office, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas 79401 until 2:0,0 o'clock p m , on the 19th day of September, 1990, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following project: HELEN HODGES-WESTFIELD LIGHTING. Bidders are also required to submit a signed certification in compliance with Section 109 of Pub. L. 100-202. regarding restrictions on the Award of Certain Contracts and Subcontracts to Foreign Countries. Bidders are required to submit a cashier's or certified check or bid bond in the amount of 5% of the total bid and the successful bidder shall provide bond in full amount of the contract executed by a surety company authorized to do business in Texas. The above described project will be paid for in cash by the Community Development Block Grant received by the City from the Department of Housing and Urban Development. The contract for this project must comply with all applicable Federal laws and regulations including the payment of federal minimum wages under the provision of the Davis -Bacon Act, and the compliance with the provisions of equal employment opportunities and under Section 3 Affirmative Action and Executive Order 11246. Plans and Specifications are on file at the Purchasing Office and may be "~ obtained at the office of Gene Eads,. C. P. M., Purchasing Manager, Room L-04, Municipal Building, 1625 13th Street, Lubbock, Texas, 79401. -^ There will be a pre-bid conference on September l0 1990 at 1o: oo o'clock a.m., Personnel Room 108, Municipal Building, 1625 13th Street. CITY OF LUBBOCK, TEXAS 1Y: en Eads, C.P.M. Purchasing Manager 4 CERTIFICATION IN COMPLIANCE WITH SECTION 109 OF PUB. L. 100-202 REGARDING RESTRICTIONS ON THE AWARD OF CERTAIN CONTRACTS AND SUBCONTRACTS TO FOREIGN COUNTRIES (a) Definitions. The definitions pertaining to this provision are those that are set forth in the clause entitled "Restrictions on Public Works Projects." (b) Certification. Except as provided in paragraph (c) of this provision, by submission of its bid or proposal, the bidder certifies that it - (1) Is not a Contractor of a foreign country included on the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR) (see paragraph (h) of this provision); (2) Has not or will not enter into any subcontract with a subcontractor of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR; and (3) Will not provide any product of a country included on the, list of foreign countries that discriminate against U.S. firms published by the USTR. (c) Inability to certify. A bidder unable to certify in accordance with paragraph (b) of this provision shall submit with its offer a written explanation fully describing the reasons for its inability to make the certification. (d) Applicability of 18 U.S.C. 1001. The certification in paragraph (b) of this provision concerns a matter within the jurisdiction of an agency of the United States, and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, U.S.C. 1001. (e) Notice. The bidder shall provide immediate written notice to the Contracting Officer if, at any time before the contract award, the bidder learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (f) Restrictions on contract award. Unless a waiver to these restrictions is granted by the Secretary of Housing and Urban Development, no contract will be awarded to a bidder (1) who is owned or controlled by a citizen or national of a foreign country included on the list of foreign countries that discriminate against U.S. firms published by the USTR, (2) whose subcon- tractors are owned or controlled by citizens or nationals of a foreign country on the USTR list, or (3) who -incorporates any product of a foreign country on the USTR list in the public works project. (g) Recordkeeping. Nothing contained in the foregoing shall be construed to require establishment ofa 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. Pei"/Y'JA Contractor By: (Seal if if Bidder is a Corporation) ATTEST: Secretary Restrictions on Public Buildings and Public Works Projects (a) Definitions. "Component," as used in this clause, means those articles, materials, and supplies incorporated directly into'the product. "Contractor or subcontractor of a fore.ign.country," as used in this clause, means any Contractor or subcontractor that is*a' citizen or national of a foreign country or is controlled . directly or indirectly by citizens or nationals of a foreign country. A contractor or subcontractor shall be considered to be a citizen or national of a foreign country, or controlled directly or indirectly by citizens or nationals of a foreign country - (1) If 50 percent or more of the Contractor or sub- contractor is owned by a citizen or national of the foreign country; (2) If the title to 50 percent or more of the stock of the Contractor or subcontractor is held subject to trust or. fiduciary obligation in favor of citizens or nationals of the foreign country. (3) If 50 percent or more of the voting power in the Contractor or subcontractor is vested in or exercisable on behalf of a citizen or national of the foreign country; (4) In the case of a partnership, if any general partner is a citizen of the foreign country; (5) In the case of a corporation, if its president or other chief executive officer or the chairman of its board of directors is a citizen of the foreign country or the .majority of any number of its directors necessary to. constitute a quorum are citizens of the foreign country or the corporation is organized under the laws of the foreign country or any subdivision, territory, or possession thereof; or (6) In the case of a contractor or subcontractor who is a .joint venture, if any participant firm is a citizen or national of a foreign country or meets any of the criteria in subparagraphs (a)(1) through (5) of this clause. "Product," as used in this clause, means construction materials - i.e., articles, materials, and supplies brought to the construction site for incorporation into the public works project, including permanently affixed equipment, instruments, utilities, electronic or other devices, but not including vehicles or construction equipment. In determining the origin of a product, the City of Lubbock will consider a product as produced in a foreign country if it has been assembled or manufactured in the foreign country, or if the cost of the --- components mined, produced, or manufactured in the foreign country exceed 50 percent of the cost of all its components. (b) Restrictions. The Contractor shall not (1) knowingly enter into any subcontract under this contract with a subcontractor of a foreign country included on the list of countries that discriminate against U.S. firms published by the United States Trade Representative (see paragraph (c) of this clause), or (2) supply any product under this contract of a country included on the list of foreign countries that discriminate against U.S. firms published by the USTR. (c) USTR list. The USTR published an initial list in the Federal Register on ^ December 30, 1987 (53 FR 49244), which identified one country - Japan. The USTR can add other countries to the list, or remove countries from it, in accordance with section 109(c) of Pub.L. 100-202. (d) Certification. The Contractor may rely upon the certification of a prospective subcontractor that it is not a subcontractor of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR and that products supplied by such subcontractor for use on the Federal public works project under this contract are not products of a foreign country included on .. the list of foreign countries that discriminate against U.S. firms published by the USTR, unless such Contractor has knowledge that the certification is erroneous. (e) Subcontracts. The Contractor shall incorporate this clause, modified only for the purpose of properly identifying the parties, in all subcontracts. This paragraph (e) shall also be incorporated in all subcontracts. (This page left blank intentionally) INFORMATION FOR BIDDERS (This page left blank intentionally) INFORMATION FOR BIDDERS 1 1. Receipt and Opening of Bids The City of Lubbock (herein called the "Owner"), invites bids on the form attached hereto, all blanks of which must be appropriately filled in. Bids will be received by the Owner at the office of Gene Eads, Purchasing Manager, City of Lubbock, Texas until 2:00 o'clock p.m on the 19th day of September, 1990, and then at said office publicly opened and read aloud. The envelopes containing the bids must be sealed, addressed to Gene Eads, Purchasing Manager, at Municipal Building, 1625 13th Street, (Room L04), Lubbock, Texas 79401 and designated as Bid for HELEN HODGES-WESTFIELD LIGHTING. The Owner may consider as informal any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any.bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within thirty (30) days after the actual date of the opening thereof. 2. Preparation of Bid Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his address and the ..- name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in the bid form. 3. Subcontracts The bidder is`specifically advised that any person, firm, or other party to whom the bidder proposes to award a subcon- tract under this Contract must be acceptable to the Owner after verification by the Community Development Department of the City of Lubbock. The bidder should submit to the Owner a list of proposed subcontractors which consists of each subcontractor's legal name and business address. Although there is no requirement that this list be submitted with a bid, the Owner requests that such list be attached to said bid so that appropriate action can be taken to prevent subsequent delay in subcon- tract awards. - 1 - 4. Telegraphic Modification Any bidder may modify his bid by telegraphic communication at any time prior to the schedu.led closing time :for receipt of bids, provided such telegraphic communication is received by the Owner prior to the closing time and, provided further, the Owner is satisfied that a written confirmation of the telegraphic modification over the signature of the - bidder was mailed prior to the closing time. The telegra- phic communication should not reveal the bid price but should provide.the addition or subtraction or other modi- fication so that the final prices or terms will not be known by the Owner until the sealed bid is opened. If written confirmation is not received within two (2) days from the closing time, no consideration will be given to the tele- graphic modification. 5. Qualifications of Bidder The Owner may make such investigations as he deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Owner all such informa- tion and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. Conditional bids will not be accepted. Bidder must be acceptable to the Owner after verification by the HUD Area Office of the bidder's current eligibility status. 6. Bid Security Each bid must be accompanied by cash, certified check of the bidder or a bid bond duly executed by the bidder and issued by a surety company approved by the Owner, in the amount of 5% of the bid. Such cash, checks or bid bonds will be returned to all except the three lowest bidders within three (3) days after the opening of bids, and the remaining cash, checks or bid bonds will be returned promptly after the Owner and the accepted bidder have executed the Contract, or, if no award has been made within thirty (30) days after the date of the opening of bids, upon demand of the bidder at any time thereafter, so long as he has not been notified of the acceptance of his bid. - 2 - The successful bidder, upon his failure or refusal to execute .and deliver the Contract, certificate of insurance and bonds required within ten (ten) days after he has received notice of the acceptance of his bid, shall forfeit to the Owner the security deposited with his bid. 7. Time of Completion and Liquidated Damages Bidder must agree to commence work on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within (90) ninety working days thereafter. Bidder must agree also to pay as liquidated damages the sum of $50.00 (Fifty dollars) for each consecutive calendar day thereafter in which the project is not fully completed. 8. Conditions of Work Each bidder must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of his Contract. Insofar as possible the Contractor, in carrying out his work must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor. 9. Addenda and Interpretations No interpretation of the meaning of the plans, specifications or other pre-bid documents will be made to any bidder orally. Every request for such interpretation should be in writing and addressed to Gene Eads. C.P M Purchasing Manager at P.O. Box 2000 Lubbock TX 79457 and to be given consideration must be received at least five (5) days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instruction will be in the form of written addenda to the specifications which, if issued, will be mailed by -certified mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes), not later than three (3) days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not - 3 - 10. relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents. Performance Bond and Payment Bond (Contract in Excess of $25,000) The successful bidder shall be required to furnish a performance bond and payment bond in accordance with Article 5160, Vernon's Annotated Civil Statutes, in the amount of 100% of the total Contract price, in the event said Contract price exceeds $25,000.00. If the contract price does not exceed $25,000.00, the statutory bonds will not be required. All bonds, if required, shall be submitted on the forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. And it is further agreed that this Contract shall be in effect until such bonds are so furnished. Said statutory bonds should be issued by a Company carrying a current Best Rating of B or superior, as the rating of the bond company is a factor that will be considered in- determination the lowest responsible bidder. 11. Power of Attorney Attorneys -in -fact who sign bid bonds file with each bond a certified and their power of attorney. 12. Notice of Special Conditions or contract bonds must effectively dated copy of Attention is particularly called to those parts of the Contract Documents and specifications which deal with the following: (a) Inspection and testing of materials. (b) Insurance requirements. (c) Wage rates. 13. Laws and Regulations The bidder's attention is directed to the fact that all applicable State laws, municipal ordinances and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the Contract throughout, and they will be deemed to be included in the Contract the same as though herein written out in full. 14. Obligation of Bidder At the time of the opening of bids, each bidder will be presumed to have inspected the site and to have read and to - 4 - 0 be thoroughly familiar with the plans and Contract Documents as defined in the General Conditions. The failure or omission of any bidder to examine any form, instrument or document shall in no way relieve any bidder from -any R- obligation_in respect of his bid. If Plans and Specifications are too bulky or cumbersome to be physically bound to the Contract Documents, they'are to be considered incorporated by reference into the aforemen- tioned Contract Documents. 15. Texas State Sales Tax This Contract is issued by an organization which qualifies for exemption pursuant to the provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 16. Materials and Workmanship The intent of these Contract Documents is that only mate- rials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibilityfor providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the construction site will not relieve the Contractor of full responsibility for complying with this provision. The specifications for materials and methods set forth. in the Contract Documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project. 17. Protection of the Work The Contractor shall be responsible for the care, preser- vation, conservation and protection of all materials, supplies, machinery, equipment, tools, apparatus, acces- sories, facilities and all means of construction, and any and all parts of the work, whether the Contractor has been paid, partially paid or not paid for such work, until the date the City issues its certificate of completion to the - 5 - Contractor. The City reserves the right, after the bids have been opened and before the Contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder, showing completed _- jobs of a similar nature to the one covered by the proposed Contract and all work in progress, with bond amounts and percentage of work completed. (b) A sworn statement of the current financial condition of the bidder. (c) An equipment schedule. 18. Protection of Subsurface Lines and Structures It shall be the Contractor's responsibility to prosecute the work contemplated by the Contract Documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contem— plated by these Contract Documents. The City of Lubbock agrees that it will furnish Contractor with information as to the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforemen- tioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this Contract shall be repaired immediately by the Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 19. Contractor's Representative The successful bidder shall be required to have a respon- sible local representative available at all times while the work is in progress under this Contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this Contract is in progress. 20. Provisions Concerning Escalator Clauses Proposals submitted containing any conditions which provide for changes in the stated bid price due to increases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. - 7 - (This page left blank intentionally) BID -PROPOSAL - BID FOR LUMP SUM CONTRACTS 10 (This page left blank intentionally) P__ BID PROPOSAL BID FOR LUMP SUM CONTRACTS P L A C E c/ eS iJ�sfF .�iW 7. DATE y--/1j—VU PROJECT - Proposal of _�`"�y�9/R�! �i�Si�t1G�!-f� :Z,yG, r (hereinafte -- 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 G'l�Gp ,4/q� jy� 1 Aeletl - k'667 Al�L1� 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 requiredunder the Contract Documents, of which this proposal is to be a part, is as �^ follows: _AVI, "`1-2 (s 2:2) 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 r- to Proceed" of the Owner and to fully complete thes ro' p ect within consecutive calendar days thereafter as stipulated in the specifications and other Contract Documents Bidder hereby �.{ further agrees to pay to Owner as liquidated damages the sum of $ _-L' 60 for each consecutive calendar day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the General Conditions of the Contract Documents. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. :. 11 Bidder agrees that this bid shall be good and may not,be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving, bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, _ specifications and Contract Documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as - provided in the Contract Documents. Enclosed with the proposal is a Cashier's'C pck or Certified - Check for �'ZAA.yw�- .�?�G t' DollarS)ie . ($ or a Proposal Bond in the sum of _ Dollars ($ which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary Contract Documents and the required bonds (if any) within ten (10) days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bid bond.shall'be returned to the undersigned upon demand. - Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all Contract Documents made available to him for .his inspection in accordance with the Notice to Bidders. fd B• -2-5e, �K :21 (Seal if Bidder ATTEST: Secretary Contractor eiS'ccz-llTx. BY: %w1e, � Z' ' , is a Corporation) PAYMENT RONO (This page left blank intentionally) PAYMENT BOND (Applicable on all contracts in excess of $25,000) (To be used in Texas under V.A.C.S. Art. 5160) THE STATE OF COUNTY OF KNOW ALL MEN BY THESE PRESENTS: That we (1) " of (2) ) , hereinafter called Principal, and of State of , hereinafter called the Surety, are held firmly bound unto(4) of hereinafter called Owner, and unto all persons, firms and �., corporations who may furnish materials for, or perform labor upon the building or improvements hereinafter referred to in the penal sum of ($ ) Dollars in lawful money of the United States, to be paid in , for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors;` administrators and successors, jai these presents. ntly and severally, firmly by ^�^ THE CONDITION OF THIS OBLIGATION is such that Whereas, the. Principal entered into a certain Contract with (6) dated the day of a copy which is hereto attached and made apart hereof,9for the constoruc- tion of: NOW THEREFORE, the condition of this obligation is such that, if the Principal shall promptly make payment to all claimants, as defined in Article 5160, Revised Civil Statutes of Texas, 1925, as amended by House Bill 344, Acts 56th Legislature, Regular Session, 1959, effective April 27, 1959, and as further amended by Acts 1969, 61st Legislature, p. 1390, ch. 422, Sec. 1, effective June 2, 1969, supplying labor and materials in the prosecution of the work provided for in said Contract, then this obligation shall be null and void, otherwise, it shall remain in full force and effect. This bond is made and entered into solely for the protection of all claimants supplying labor and materials in the prosecution of the work provided for in said Cantract, and all such claimants shall have a direct right of action under the bond as provided in I- - Article 5160, Revised Civil Statutes of Texas, 1925, as amended by House Bill 344, Acts 56th Legislature,.Regular Session,.1959, and as further amended by Acts 1969, 61st Legislature, p. 1390, ch. 422, Sec. 11 effective June 2, 1969. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in County, Texas, and that the said Surety, for value received,.hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to .the work to be performed' thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and said Surety does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work _or. to. the specifications...._ PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder. whose claim_ may _be _uns.atisfied. IN WITNESS WHEREOF, this instrument is executed in six counterparts, each one of which shall be deemed an original, this the day of , 19 ATTEST: Principal Secretary (SEAL) Witness as to Principal Address ATTEST: Surety Secretary (SEAL) Witness as to Surety Address Principal . Address Surety BY: Address NOTE: If Contractor is Part- nership, all partners should execute bond. These footnotes refer to the numbers in the body of Contract above: Date of Bond must not be prior to date of Contract. (1) Correct name of Contractor (3) Correct name of Surety �. (2) A Corporation, a Part- (4) Correct name of Owner nership or an Individual, (5) County and State as the case may be (6) Owner (This page left blank intentionally) PERFORMANCE BOND (This page left blank intentionally) PERFORMANCE BOND (Applicable on all contracts in excess of $25,000) (To be used in Texas under V.A.C..S. Art. 5160) THE STATE OF COUNTY OF KNOW ALL MEN BY THESE PRESENTS: That we (1) .. of 9 (2) (3) , hereinafter called Principal, and of , State of , hereinafter called the Surety, are held firmly bound unto 4 of hereinafter called Owner, in the penal sum of ($ ) Dollars in lawful money of the United States, to be paid in 5) for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. �. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain Contract with (6) dated the day of which is hereto attached and made a a part -hereof, for theopy of construction of: �., (herein called the "work"). These footnotes refer to the numbers in the body of Contract above: Date of Bond must not be prior to date of Contract. ((1) Correct name of Contractor (3) Correct name of Surety 2) A Corporation, a Part- (4) Correct name of Owner nership or an Individual, (5) County and State as the case may be (6) Owner NOW THEREFORE, if the Principal shall well, truly and faithfully perform the work in accordance with the plans, -- specifications and Contract Documents during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if the Principal shall satisfy all claims and demands incurred under such Con- tract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise, it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in , Texas, and that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument''is executed in six- counterparts, ixcounterparts, each one of which shall be deemed and original, this the day of , 19 Principal ATTEST: Principal Secretary Address (SEAL) Witness as to Principal Address Surety ATTEST: BY: Surety Secretary Address (SEAL) Witness as to Surety Address NOTE: If Contractor is Partnership, all partners should execute bond. P" r- CERTIFICATE OF INSURANCE (This page left blank intentionally) --DAV;:. < <: SURANCE 330.1 W, OIJIO MIDLAND, TEXAS 79.70.3 INSURED PERMIAN BASIN ELECTRIC, INC.. D,O.BOX 128 PEACOCK, TEXAS 79542 9-24-90 IS ISSUED AS A MATTER OF INFORMATIv AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICA ODES NOT AMEND, EXTEND OR ALTER THE'• COVERAGE AFFORDED BY THE POLIC;L S BELOW. COMPANIES AFFORDING. COVERAGE COMPANY A LETTER FARMERS TRUCK INSURANCEEXCHANGE - COMPANY LETTER B LIBERTY MUTUAL COMPANY LETTER c COMPANY LETTER f COMPANY LETTER THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY TIONS OF SUCH POLICIES. IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- :;C, ,TRI TYPE OF INSURANCE GENERAL LIABILITY COMPREHENSIVE FORM PREMISES/OPERATIONS POLICY NUMBER POLICY EFFECTIVE DATE (MWODNY) DATE (M EXPIRATION LIABILITY LIMITS IN THOUSANDS SUING COMPANY BODILY INJURY EACH OCCURRENCE 300 $300 AGGREGATE $300 LDFR PJAM ED TO THELEFT, BUT FAILURE TO MAIL SUCH OTISHALL C)AGENTS IMPOSE NO UNDERGROUND EXPLOSION & COLLAPSE HAZARD I V PRODUCTS/COMPLETED OPERATIONS ANY KIND UPON THE COMPA IT OR REP SF TAT PROPERTY DAMAGE $ $ f� CONTRACTUAL TCONTRACTORS AL I BROAD ^I BROAD FORM PROPERTY DAMAGE 6902 05 18 6-20-90 6-20-91, COMBINDEPENED $ $ PERSONAL INJURY -� I PERSONAL INJURY I $ 300 AUTOMOBILE ~! LIABILITY ANY AUTO ALL OWNED AUTOS PASS.) BODILY INJURY (PEP PERSON) $ (PRIV. ALL OWNED AUTOS OTHER THAN PRIV. PASS. HIRED AUTOS $ BODILY INJURY (PER ACCIDENT) NON -OWNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY BI & PD COMBINED ~� EXCESS LIABILITY - $ -- UMBRELLA FORM OTHER THAN UMBRELLA FORM BI & PD COMBINED $ $ B WORKERS' COMPENSATION AND WC2 392 092321'0. 6-30-90 6-30-91. STATUTORY $ 100 (EACh ACCIDENT) EMPLOYERS' LIABILITY $ 500 (DISEASE -POLICY Uk11_. . $ 100 [DISE ISE EACH E'CPLOYE� FOR HELEN HODGES WEST FIELD LIGHTING ID )ESCRIPTION OF OPERATInNR/I ncnT;nMQAieuir; rrM. CITY OF LUBBOCK PURCHASING MANAGER P.O.BOX 2000 LUBBOCK, TEXAS 79457 77 7,7 'a SHOULD ANY OF THE ABOVE DESCRIBED POLICIES DE CANCELLED BEFO7G THE EX. PIRATION DATE THEREOF, TH SUING COMPANY WILL ENOEAVOa T MAIL DAYS WRITTEN NOTI E THE CERTIFICATE LDFR PJAM ED TO THELEFT, BUT FAILURE TO MAIL SUCH OTISHALL C)AGENTS IMPOSE NO BL4GA?10. OR LIABIUT`•OF ANY KIND UPON THE COMPA IT OR REP SF TAT THORIZED REPRESENTATIVE= HUD CERTIFICATIONS SECTION 3/STATEMENT OF WORK FORCE NEEDS (IN EXCESS OF $909000) (This page left blank intentionally) P_ P" U.S. Department of Housing f� Supplement to the and Urban Development q Public and �J General Conditions Of the Indian Housing 8 Cc.ntract for Construction Article 1 — Labor Standards Applicability The Project or Program to which the construction work covered by tiis contract pertains is being assisted by the United States Of America and the following Federal Labor Standards Provisions are included in this Contract or related instrument pursuant to the provisions applicable to such Federal assistance. A: 1. (1) Minimum wages. All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid uncon- ditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained In the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis - Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provi- sions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determina- tion (including any additional classification and wage rates con- formed under 29 CFR Part 5.5(a)(1)(ii) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and ac- cessible place where it can be easily seen by the workers. (Ilia) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classifica- tion and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage deter- mination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed In the classification (if known), or their represen- tatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necesssary. (Approved by the Office of Management and Budget under OMB Control Number 1215.0140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommenda. tion of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215.0140.) (d) The wage rate (including fringe benefits where ap- propriate) determined pursuant to subparagraphs A.1.(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (til) Whenever the minimum wage rate prescribed in the con- tract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable stan- dards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages re- quired by the contract. In the event of failure to pay any laborer or mechanic, inlcuding any apprentice, trainee or helper, employed or working on the site of the work (or under the United States 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 th-; contract, HUD or its designee may, after written notice to the con- tractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, ad. vance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contrac- tor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 3. (1) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the HUD -52554 (1-87) HB 7417.1 & 7417.1 REV -1 qualified applicants will receive consideration for employment struction work: Provided, that if the applicant so participating is a without retard to race, color, religion, sex, or national origin. State or loca! government, the above equal opportunity clause Is I not applicable to any agency, instrumentality or subdivision of such C. The Contractor will send to each labor union o r represen- government which does not participate in work on or un der the -v, tative of workers with which It has a collective bargaining agree- , ment or other contract or understanding a notice to be provided contract. advising the said labor union or workers representatives of the 1. The applicant agrees that It will assist and cooperate actively Contractor's commitments hereunder, and shall post copies of with the administering agency and the Secretary of Labor in obtain. the notice in conspicuous places available to employees and ap- Ing the compliance of contractors and subcontractors with the, plicants for employment. equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administer. D. The Contractor will comply with all provisions of Executive ing agency and the Secretary of Labor such information as they Order 11246 of September 24, 1965 and of the rules, regulations, I may require for the supervision of such compliance, and that it will and relevant orders of the Secretary of Labor. otherwise assist the administering agency in the discharge of the - E. The Contractor will furnish all Information and reports re - agency's primary responsibility for securing compliance. quired by Executive Order 11246 of September 24, 1965, and by J. The applicant further agrees that It will refrain from entering h rules, regulations, and orders of the Secretary of Labor, or pur- to any contract or contract modification subject to Executive Order suant thereto, and will permit access to its books, records, and of September 24, 1965, with a contractor debarred from, or ' accounts by the Secretary of Labor for purposes of investigation ..11246 who has not demonstrated eligibility for, Government contracts an' to ascertain compliance with such rules, regulations, and orders. federally assisted construction contracts pursuant to the Executivc F. In the event of the Contractor's noncompliance with the order and will carry out such sanctions and penalties for violation nondiscrimination clauses of this contract or with any of the of the equal opportunity clause as may be Imposed upon contras - said rules, regulations, or orders, this contract may be canceled, tors and subcontractors by the administering agency or the Jerminated, or suspended in whole or in part and the Contractor...,,, Secretary of Labor pursuant to Part 11, Subpart D of the Executive may be declared ineligible for further government contracts or . `order: In addition, the applicant agrees that if it fails or refuses to federally assisted construction contracts in accordance with pro• comply with these undertakings, the administering agency may tak4 cedures authorized in Executive Order 11246 of September 24, any or all of the following actions: Cancel, terminate, or suspend in 1965, and such other sanctions may be imposed and remedies whole or in part this grant (contract, loan, insurance, guarantee); - - invoked as provided in Executive Order 11246 of September 24, refrain from extending any further assistance to the applicant undi -1965, or by rule, regulations or order of the Secretary of Labor, the program with respect to which the failure or refund occurred or as otherwise provided by law. until satisfactory assurance of future compliance has been receives -'G. The Contractor will include the portion of the sentence Im- from such applicant; and refer the case to the Department of mediately preceding paragraph A and the provisions of for appropriate legal proceedings. - _,,:�Justice paragraphs A through G in every subcontract or purchase order t yl �11` unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order Article 3 — Equal Opportunity for Businesses and Lower Income Per - 11246 of September 24, 1965, so that such provisions will be sons Located Within the Project Area binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase A. The work to be performed under this contract is on a project order as the Secretary of Housing and Urban Development or the assisted under a program providing direct Federal financial : I" - Secretary of Labor may direct as a means of enforcing such pro -... assistance from the Department of Housing and Urban Develop- ' -,' visions, including sanctions for noncompliance. Provided, ment and is subject to the requirements of Section 3 of the Hous - however, that in the event the Contractor becomes involved in, Ing and Urban Development Act of 1968, as amended, 12 U.S.C. _M. or is threatened with, litigation with a subcontractor or vendor as 1701u. Section 3 requires that to the greatest extent feasible oppol a result of such direction by the Secretary of Housing and Urban tunities for training and employment be given lower income Development or the Secretary of Labor, the Contractor may re- residents of the unit of local government or the metropolitan area quest the United States to enter into such litigation to protect, (or nonmetropolitan county) as determined by the Secretary of * the interests of the United States. Housing and Urban Development in which the project is located H. The applicant further agrees that it will be bound by the and contracts for work in connection with the project be awarded I above equal opportunity clause with respect to its own employ- business concerns which are located in, or owned in substantial ment practices when it participates in.federaly assisted con- part by persons residing in the same metropolitan area (or nonmetropolitan county) as the project. .1 1A A. r: -W N-4 "1�0.'Orwit 'N, 7. -Z ..V %T Page 4 of 4 Pages CONTRACTOR INFORMATION TO: City of Lubbock DATE: P.O. Box 2000 Lubbock, Texas 79457 PROJECT NUMBER CDWO: PROJECT NAME: 1. The undersigned, having submitted a bid to the City of. Lubbock for the construction of the above identified project, certifies that: (a) The legal name and business address (including zip -code) of the undersigned is: 2. The undersigned is: (a) A single proprietorship (list sole owner). (b) A partnership (list all partners) 3. (c) A corporation (names of all principals and their titles) President: Vice -President: Secretary -Treasurer: The Taxpayer Identification Number for the undersigned is (whichever is applicable): (a) Employer Identification Number (Federal Identification Number): (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 and business address. Date Contractor BY: ��_ W' Q Z N CC O F— U to Q to C= W Cl: Z p U Q 0 Ln �z W O m ►-� O H Z LO O p CL W �-- 4J Q W CL Z U Q ►-y CC H- Z Q (a. (n O Z O W F— Ca z (n O Z CL p W W 4J M— Z CL Q " C= U F— Z O Q Z p J W Q N Z O J f— f -- Q � CL O W U co U O O p W (n F— 41 Q � H O U (.7 H W Z Q Q U U (o Ca 41 C O U A ro Q1 C C Q� co O R.i O Ga Cl W H O .61U co C4 .0 C O U .-1 P-4 co } .0 O .t� N r-1 a E O U O .a O 41 O E c. O L ""' U U Q Q cr- C= O p ..., U U to p (a. (i W O O Z LaiLLJ F— .�, U O ¢ Z O Z Q Y O 3 LLO Z W M: W F - Q N } Cr Q N r1 J W 0. W' Q Z N CC O F— U to Q to C= W Cl: Z p U Q 0 Ln �z W O m ►-� O H Z LO O p CL W �-- 4J Q W CL Z U Q ►-y CC H- Z Q (a. (n O Z O W F— Ca z (n O Z CL p W W 4J M— Z CL Q " C= U F— Z O Q Z p J W Q N Z O J f— f -- Q � CL O W U co U O O p W (n F— 41 Q � H O U (.7 H W Z Q Q U U (o Ca 41 C O U A ro Q1 C C Q� co O R.i O Ga Cl W H O .61U co C4 .0 C O U .-1 P-4 co } .0 O .t� N r-1 a E O U O .a O 41 O E c. O L (This page left blank intentionally) r - CONTRACT (This page left blank intentionally) CONTRACT THE STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 11th day of October,. 1990, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, and thereunto authorized to do so, hereinafter referred to as OWNER, and Permian Basin Electric. Inc. of the City of Peacock. County of Stonewall, and State of Texas, hereinafter referred to as CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any), the CONTRACTOR hereby agrees with the OWNER to commence and complete the construction of certain improvements described as follows: Bid #10860 -HELEN HODGES WESTFIELD LIGHTING IN THE AMOUNT OF $22,457.00. and all extra work in connection herewith, under the terms as stated in the Contract Documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the Contract Documents, as defined in the General Conditions of the Agreement. The CONTRACTOR hereby agrees to commence work within ten (10) days after the date written notice.to do so shall have been given to him and to substantially complete same within the time specified in the Contract Documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the Contract in accordance with the proposal submitted therefor, subject to additions and deductions, as provided in the Contract Documents, and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this contract in five (5) counterparts, each of which shall be deemed an original, in the year and day first above mentioned. CITY OF LUBBOCK, TEXAS /MraY -/ice/ C/``-•G.Xi^� or ATTEST: City S cretary PR ED A TO C E T: L Ell APPROVED AS TO FORM: PERMIAN BASIN ELECTRIC, INC. CONTRACTOR BY • TITLE: Ae¢. ATTEST: cretary COMPLETE ADDRESS: P.O. BOX PEACOCK, TX 79542 GENERAL CONDITIONS OF THE AGREEMENT (This page left blank intentionally) INDEX TO GENERAL CONDITIONS 1. Owner 2. Contractor r- 3. Owner's Representative and Architect or Consulting Engineer 4. Contract Documents 5. Interpretation of Specifications or Drawings 6. Subcontractor 7. Assignment 8. Written Notice 9. Work 10. Substantially Completed 11. Layout of Work 12. Keeping of Plans and Specifications Accessible 13. Right of Entry and Inspection 14. Lines and Grades 15. Architect's Authority and Duty 16. Superintendence and Inspections 17. Contractor's Duty and Superintendence 18. Contractor's Understanding 19. Character of Workmen 20. Construction Plant 21. Sanitation 22. Observation and Testing 23. Defects and Their Remedies 24. Changes and Alterations 25. Extra Work 26. Discrepancies and Omissions 27. Right of Owner to Modify Methods and Equipment 28. Protection Against Accident to Employees and the -Public 29. Contractor's Insurance: Scope of Insurance and Special Hazards 30. Protection Against Claims of Subcontractors, Laborers, Materialmen and Furnishers of Machinery, Equipment and Supplies 31. Protection Against Royalties or Patent Invention 32. Laws and Ordinances 33. Time for Completion and Liquidated Damages 34. Time and Order of Completion 35. Extension of Time 36. Hindrance and Delays 37. Quantities and Measurements 38. Protection of Adjoining Property 39. Price for Work 40. Construction Schedule & Periodic Estimates 41. Payments to Contractor 42. Payrolls and Basic Payroll Records of Contractor and Subcontractor 43. Minimum Wages 44. Posting Wage Determination Decisions and Authorized Wage Deductions 45. Employment of Laborers or Mechanics Not Listed in Aforesaid Wage Determination Decisions 46. Specific Coverage of Certain Types of Work by Employees 47. Underpayments of Wages or Salaries 48. Anticipated Costs of Fringe Benefits 49. Fringe Benefits not Expressed as Hourly Wage Rates 0 50. Overtime Compensation Required by Contract Work Hours and Safety Standards Act (76 Stat. 357-360: Title 40 U.S.C., Sections 327-332) 51. Employment of Apprentices/Trainees 52. Employment of Certain Persons Prohibited 53. Regulations Pursuant to So -Called "Anti -Kickback Act" 54. Complaints, Proceedings or Testimony by Employees 55. Claims and Disputes Pertaining to Wage Rates 56. Questions Concerning Certain Federal Statutes and Regu- lations 57. Final Completion and Acceptance 58. Final Payment 59. Correction of Work Before Final Payment for Work 60. Correction of Work After Final Payment 61. Payment Withheld 62. Delayed Payment 63. Time of Filing Claims 64. Arbitration 65. Abandonment by Contractor 66. Abandonment by Owner 67. Losses from Natural Causes 68. Independent Contractor 69. Cleaning Up 70. Contractor's Right to Terminate 71. Right of the Owner to Terminate Contract 72. Breach of Foregoing Federal Labor Standards Provisions 73. Interest or Member of or Delegate to Congress 74. Other Prohibited Interests 75. Special Equal Opportunity Provisions 76. Certification of Compliance with Air and Water Acts 77. Special Conditions Pertaining to Hazards Safety Standards and Accident Prevention 78. Nondiscrimination -against the handicapped (Sec. 504) GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word "Owner", or the expression "Party of the First Part", or "First Party", are used in this Contract, they shall be understood as referring to the City of Lubbock, Texas. - 2. CONTRACTOR Whenever the word "Contractor", or the expression "Party of the Second Part", or "Second Party are used, they shall be understood to mean the person, persons, co* -partnership or corporation, to wit: PERMIAN BASIN ELECTRIC 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 Carlos Vigil, Park Development Supervisor of the City of Lubbock, or to such other representative, supervisor or inspector as may be authorized by said Owner to act as Owner's Representative under this Agreement. Owner's Representative may designate engineerings, supervisors or inspectors wh will act .for Owner under the direction of Owner's Representative, but such engineers, supervisors or inspectors shall not directly supervise the Contractor or men acting in behalf of the Contractor. The Owner's ,., Representative shall have authority to approve change orders involving a decrease or increase in cost of Five Thousand ($5,000.00) Dollars or less. b. Owner has designated Carlos Vigil, Park Development Supervisor to perform the duties of Architect or Consulting Engineer on �- the project to be constructed pursuant to this Contract. The Architect or Consulting Engineer will administer this Contract during construction and until final payment -is due or until the Owner's Representative terminates, modifies or limits the duties which are the responsibility of the Architect as hereinafter set forth, in which case the Owner's Representative or his appointed agent shall perform any duties so terminated, limited or modified. The word "Architect" when used in this agreement shall mean either Architect or Consulting Engineer. 4. CONTRACT DOCUMENTS The Contract's Documents shall consist of the Notice to Bidders, Information for Bidders, Bid Proposal, Singed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Exhibits A and B to the General Conditions, Special Conditions of the Agreement (if any), Specifications, Drawings, Insurance Certificate and all other documents ~- made available to Bidder for his inspection in accordance with the 1 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 interpretations and written orders for minor changes in the work which are issued by the Architect as hereinafter authorized. The intent of the Contract Documents is to include all items necessary for the proper execution.and completion of the work. The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. Work not covered in the Contract Documents will not be required unless it is consistent therewith and reasonably inferable therefrom as being necessary to produce the intended results. In the event Special Conditions are contained herein as part of the Contract Documents and said Special Conditions conflict with any of the General Conditions contained in this Contract, then in such event the Special Conditions shall control. The Contract Documents shall not be construed to create any contractual relationship of any kind between the Architect and the Contractor. 5. INTERPRETATION OF SPECIFICATIONS OR DRAWINGS Whenever in the Specifications or Drawings accompanying this Agreement the terms of description of various qualities relative to finish, workmanship or other qualities of similar kind which cannot, from their nature, be specifically and clearly described and specified, but are necessarily described in general terms, the fulfillment of which must depend on individual judgment, then, in all such cases, any question of the fulfillment of said Specifications or Drawings shall be decided by the Architect, and said work shall be done in accordance with his interpretations of the ,meaning of the words, terms or clauses defining the character of the work. 6. SUBCONTRACTOR A subcontractor is a person or entity who has a direct contract with'.: -the Contractor to perform any of the work at the site. The Contractor may utilize the services of specialty subcontractors on those parts of the work which, under normal contracting practices, are performed by specialty subcontractors. The Contractor shall not award any work to any subcontractor without prior written approval of the Owner's Representative, which approval will not be given until the Contractor submits- to 2 the Owner a written statement concerning the proposed award to the subcontractor, which statement shall contain such information -- as the Owner may require. The Contractor shall be as fully responsible to the Owner for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the Contractor by the terms of the General Conditions and other Contract Documents insofar as applicable to the work of the subcontractors and to give the Contractor the same power to terminate any subcontract that the Owner may exercise over the Contractor under any provision of the Contract Documents. Nothing contained in this Contract shall create any con- tractual relation between any subcontractor and the Owner or the Architect, and said subcontractor will look exclusively to the Contractor for any payments due subcontractor. 7. ASSIGNMENT The Contractor agrees that he will retain personal control and will give his personal attention to the fulfillment of this Contract. The Contractor further agrees that assignment of any portion or feature of the work or materials required in the performance of this contract shall not relieve him from his full obligations to the Owner, as provided by this Contractual Agreement. 8. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to -the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business -- address known to him who gives the notice. All directions, instructions or notices required or autho- rized �to be given under these Contract Documents from the Owner, Owner's Representative or Architect to the Contractor shall be in writing. 9. WORK The work comprises the completed construction required by the Contract Documents and includes all labor necessary to produce such construction, and all materials and equipment incorporated or to be incorporated in such construction. - 3 - Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the 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)c)nP copies of all Drawings, Profiles and Specifications without expense to him and he shall keep one copy of same consistently accessible on the job. site. i 13. RIGHT OF ENTRY AND INSPECTION The Architect shall at all times have access to the work wherever it is in preparation and progress. The Architect will make periodic visits to the site at intervals appropriate to the state of construction to observe the progress and quality of the executed work and to determine, in general, if the work is proceeding in accordance with the Con- tract Documents. He will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity - 4 - of the work. Furthermore, the Architect will not have control or charge of and will not be responsible for the construction means, methods, techniques, sequences or procedures,'or the safety precautions incident thereto. His efforts will be directed towards providing assurances for the Owner that the completed . project will con -form to the requirements of the Contract Docu- ments, but -he will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. On the basisof his on-site observations, he will keep the Owner informed of the progress of the work and will endeavor to protect the Owner against defects and deficiencies in the work of the Contractor. The authorized representative and agents of the Owner shall be permitted to inspect all work, material, payrolls, records of -- personnel, invoices of materials and other relevant data and records. The Owner reserves the right to perform work related to the project with his own forces, and to award separate contracts in connection with other portions of the project, or other work on ' the site of the Contract. If the Contractor claims that delay or additional costs are involved because of such action by the Owner, he shall make such claim as provided elsewhere in the Contract Documents. 14. LINES AND GRADES All lines and grades shall be furnished by the Owner's. Representative whenever necessary for the commencement of the work contemplated by these Contract Documents or the completion of the work contemplated by these Contract Documents. Whenever necessary, the Contractor shall suspend his work in order to permit the Owner's Representative to comply with this require- ment, but such suspension will be as brief as practical and the Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Con- tractor, and in case of careless destruction or removal by him, his subcontractors or their employees, such stakes, marks, etc. shall be replaced by the Owner's Representative at the Contrac- , tor's expense. 15. ARCHITECT'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Contract that the Architect shall review all work included herein. - 5 - The Architect will review and approve or take other appro- priate action upon the Contractor's submittals, such as Shop Drawings, Product Data and Samples, but only for conformance with the design concept of the work and with the information given in the Contract Documents. The Architect will have authority to.order minor changes in the work not involving an adjustment in the Contract Sum or an extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be ef- fected by written order, and shall be binding on the..Owner and the Contractor. The Contractor shall carry out such written orders promptly. - The Architect has the authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. The Architect has the authority to reject work which does not conform to the Contract Documents. In order to prevent delays and disputes and to discourage litigation, it is further agreed that the Architect shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under this Contract. Based on the Architect's observations and an evaluation of the Contrac- tor's Applications for Payment, the Architect will determine the amounts owing to the Contractor and will issue Certificates for Payment in accordance with the provisions of this Agreement. He shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this Contract on the part of said Contractor. The Architect's estimates and findings shall be conditions precedent to the right of the parties hereto to arbitration or to any action on the Contract, and to any rights of the Contractor to receive any money under the Contract; provided, however, that should the Architect render any decision or give any direction which, in the opinion of the Owner's Representative, is not in accordance with the meaning and intent of this Contract, the Owner's Represen- tative shall notify the Architect and the Contractor of his objection, and the Architect shall direct the Contractor to modify or remedy such work to meet the requirements of the Owner's Representative. Should the Contractor object to any decision or given direction which, in his opinion, is not in accordance with the meaning and intent of this Contract, the Contractor may file with said Owner's Representative, within 30 days, his written objection to the decision or direction so rendered, and by such action may reserve the right to submit the question so raised to arbitration, as hereinafter provided. It is the intent of this Agreement that there shall be no delay in the execution of the work. Therefore, written decisions or directions of the Architect as rendered shall be promptly carried out, and any claim arising therefrom shall be thereafter adjusted through arbitration, as hereinafter provided. - 6 - The Owner's Representative shall, within a reasonable time, render and deliver to both the Architect and the Contractor a written decision on all written objections filed by the Con- tractor. Should the Owner's Representative fail to make such a decision within a reasonable time, an appeal to arbitration may be taken as if his decision had been rendered against -the Contractor. 16. SUPERINTENDENCE AND INSPECTIONS It is agreed by the Contractor that the Owner's Represen- tative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work performed or being performed under this Agreement, and to see that said materials are fur- nished and the work is done in accordance with the specifications therefor. Th.e 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 bindingasif given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work, and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, - from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner, Owner's Representatives or Architect will not be responsible for the acts or omissions of the Contractor or any of his agents or employees or any other persons performing any of the work. The Contractor shall be responsible to the Owner for the acts and omissions of his employees, subcontractors and their agents and employees and other persons performing any of the work "- under a contract with the Contractor. 16. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the - 7 - work under this Contract. No verbal agreement or conversation with any officer, agent or employee of the Owner, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. 19. CHARACTER OF WORKERS To do the work required by this Contract, the Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required by the said Con- tract, and he further agrees that whenever the Owner's Represen- tative shall inform him in writing that any worker or workers doing the work are, in his opinion, incompetent, unfaithful or disorderly, such worker or workers shall be discharged from the work and shall not again be employed to do the work without written consent of the Owner's Representative. 20. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary for the prosecution and com- pletion of -this Contract where it is not otherwise specifically provided that the Owner shall furnish same, and it is also understood that the Owner shall not be held responsible for the care, preservation, conservation or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of workers or equipment will be permitted only at such places as the Owner's Representative shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be main- tained in a manner satisfactory to the Owner's Representative. 21. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by a subordinate super- visor appointed by the Owner's Representative. The Contractor shall strictly enforce the use of such facilities. 22. OBSERVATION AND TESTING The Owner's Representative or the Architect shall have the right at all reasonable times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever work is in preparation or progress. Contractor shall ascertain the scope of any observations and tests which may be contemplated by Owner's Representative or Architect and shall give ample notice as to the time each part of the work will be ready for such observations and tests. Owner's Representative or Architect may reject any work found to be defective or not in accordance with the Contract Documents, regardless of the stage �-» of its completion or the time or place of discovery of such errors, and regardless of whether either Owner's Representative or Architect has previously accepted the work through_oversight or otherwise. If any work which is required to be inspected, tested or approved, is covered up without written approval or consent of the Owner's Representative or Architect, it must, if requested by the Owner's Representative or Architect, be un- covered for observation and testing at the Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner's Representative or Architect to make observations of such work or require testing of said work, then in such event, Owner's Repre- sentative or Architect may require Contractor to furnish Owner's Representative or Architect certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as maybe required by law or the Contract Documents. If any work which is required to be inspected, tested or approved, is covered up without written approval or consent of the Owner's Reprsentative or Architect, it must, if requested by the Owner's Representative or Architect, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approval, and any work which meets the requirements of any such tests or approval but does not meet the requirements of the Contract Documents shall be considered defective. Such defective work shall be corrected at the Contractor's expense. Neither observations by the Owner's Representative or Architect, nor inspections, tests or approvals made by Owner's Representative or Architect or other persons authorized under �- this Agreement to make such inspections, tests or approvals, shall relieve the Contractor from his obligation to perform the work in accordance with the requirements of the Contract Docu- ments. 23. DEFECTS AND THEIR REMEDIES It is agreed that if the work or any part thereof or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner's Repre- sentative or Architect as unsuitable or not in conformity with plans, specifications and Contract Documents, the Contractor shall, after receipt of written notice thereof from the Owner's ; Representative or Architect, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full 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 of a written notice from the - 10 - Owner to do so unless the Owner has previously given the Con- tractor a written acceptance of such condition. This obligation shall survive termination of the Contract. The Owner shall give such notice promptly after discovery of the defect. 24. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this Contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications; such increase shall be paid according to the quantity actually done and at the unit price established for such work under this Contract; otherwise, such additional work shall be paid for as provided under extra work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used and for any actual loss occasioned by such change due to actual expenses incurred in preparation for the work as 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 (150) percent. In the event said extra work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and labor- ers, and materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workmen's Compensation and all other insurances as may required by law or ordinances or directed by the Owner's Repre- sentative or Architect, or by them agreed to. Owner's Represen- tative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Represen- tative or Architect may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon or specified, the prices for the use of machinery and equipment shall be determined by using 1000, of the latest Schedule of Equipment and Ownership Expenses adopted by the.. Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (150) of the actual field cost to be paid to the Con- tractor shall cover and compensate him for his profit, overhead, general superintendence, and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such extra work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by the Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which he should receive compensation or an adjustment in the construction time, he shall make a written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work, or as to the payment therefor, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making a written request for a written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under - 12 - 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 - 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 the intent of this Contract that all work described in the proposal, the specifications, plans and other Contract Documents is to be done for the price ^" quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these Contract Documents, as interpreted by the Architect. If the Contractor finds any discrepancies or omissions in these plans, specifications or Contract Documents, he should notify the Architect and obtain a clarification before the bids are received, and if no such request is received by the Architect prior to the opening of bids, then it shall be consi- dered that the Contractor fully understands the work to be included and has provided sufficient sums in his proposal to complete the work in accordance with these plans and specifi- cations. It is further understood that any request for clari- fication must be submitted no later than five days prior to the opening of bids. , 27. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If, at any time, the methods or equipment used by the Con- tractor are found to be inadequate to secure the quality of work with the rate of progress required under this Contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase his force or equipment, or both, t -o such an extent as to give reasonable assurance of compliance with the schedule of progress. 28. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC The Contractor shall take out and procure a policy or policies of Worker's Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy or policies shall comply with the Worker's Com- pensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor,, 13 - his sureties and insurance carriers shall defend, indemnify and save harmless the Owner, all of its officers, the Architect and their agents and employees from all damages, losses, or expenses and from all suits, actions or claims of any character whatsoever brought for or on account of any injuries or damages received or sustained by any person or persons or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in execution and supervision of said Contract, and the project which is the subject matter of this Contract, including the failure of Contractor or any subcontrac- tor to provide necessary barricades, warning lights or signs, and will be required to pay any judgment with costs which may be obtained against the Owner, its officers, the Architect or any of their agents or employees, including attorney-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 to the liability of the Architect, his agents or employees, arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the Architect, his agents or employees, provided such giving or failure to give is the primary cause of the injury or damage. The safety precautions taken shall be the sole responsi- bility of the Contractor, in his sole discretion as an Indepen- dent Contractor. Inclusion of this section in the Agreement, as well as any notice which may be given by the Owner, the Owner's Representative or the Architect concerning omission under this section as the work progresses, are intended as reminders to the Contractor of his duty, and shall not be construed as any assumption of duty to supervise safety precautions taken by either the Contractor or any of his subcontractors. 29. CONTRACTOR'S INSURANCE: SCOPE OF INSURANCE AND SPECIAL HAZARDS The Contractor shall not commence work under this Contract until he has obtained all insurance as required herein. The Contractor shall provide insurance for the adequate protection of the Contractor and his subcontractors, respectively, against damage claims which may arise from operations under this Con- tract, whether such operations be by the insured or by anyone directly or indirectly employed by him and, also, against any of - 14 - the special hazards which may be encountered'in the performance of this Contract, as enumerated in the Supplemental General Conditions. The Contractor shall procure and.carry, at his sole.cost and expense throughout the life of this Contract, insurance protec- tion as hereinafter specified. Such insurance shall be carried with an insurance company licensed to transact business in the State of Texas and shall cover all operations in connection with this Contract, whether performed by the Contractor or a subcon- tractor, or separate policies shall be provided covering the operation of each subcontractor. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. ,.. (A) Worker's Compensation and Employer's Liability Insurance. As required by State statute covering all employees employed on a work whether employed by the Contractor.or any subcontractor on the job. (B) Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. ,.- The Contractor shall obtain an Owner's Protective or Contingent Public Liability Insurance policy naming the City of Lubbock as an additional insured and the amount of such policy shall be as follows: $ 5007000 for bodily injuries, including accidental death, to any one person, but limited to $ 500,000 per occurrence, and $ 100,000 for property damage. The Contractor shall obtain a Contractor's Protective (Contingent) Liability Insurance policy and the amount of said policy shall be as follows: In an amount not less than $ 300,000 for bodily injuries, including accidental death, to any one person, but not less than $ 500,000 per occurrence and in the amount of not less than 300,000 for property damage. Said policy shall include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury (with exclusion "c" waived) 15 - The City is to be named as an additional insured on this policy for this specific job, and a copy of the - endorsement doing so is to be attached to the Certificate of Insurance. In addition to the insurance required above, the Department of Housing and Urban Development requires that all contracts in excess of $1002000.00 provide Builders Risk Insurance (Fire and Extended coverage). Until the project is completed and accepted by the Owner, said Owner or Contractor (at the Owner's option, as indicated in the Supplemental General Conditions, Form HUD -4238-N) is required to maintain Builder's Risk Insurance (fire and extended coverage) on a 100 percent completed value basis on the insurable portion of the project for the benefit of the Owner, the Contractor and Subcontractors, as their interests may appear. The Contractor shall not include any costs for Builder's Risk Insurance (fire and extended coverage) premiums during construction unless the Contractor is required to provide such insurance; however, this provision shall not release the Contractor from his obligation to complete, according to plans and specifica- tions, the project covered by the Contract, and the Con- tractor and his Surety shall be obligated to full perfor- mance of the Contractor's undertaking. (C) Automobile Insurance The Contractor shall procure a Comprehensive Automobile Liability Insurance Policy providing coverage to include all owned and non -owned cars, including Employer's Non -ownership Liability and Hired and Non -owned Vehicles as follows: In an amount not less that $ 250,000 for injuries, including accidental death, to any one person, but not less than $ 500,000 per occurrence, and in the amount of not less than $ 100,000 for property damage. (D) Proof of Coverage Before work on this Contract is commenced, -each Contractor and subcontractor shall submit to the Owner for approval three (3) certificates of insurance covering each insurance policy carried and offered as evidence of compli- ance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. - 16 - (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certi- ficate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A statement that -the insurance of the type afforded by ;the policy applies to all of the operations of whatever character which are undertaken by the insured during the performance of this Contract, provided such operations are required in the performance of the . Contract. (6) A provision that the policy m'ay'be cancelled only by mailing written notice to the named insured at the address shown in the bid specifications, stating- when, not less than ten (10) days thereafter, cancellation -of such policy shall be effective. `^ (7) A provision that written notice shall be given to the Owner ten (10) days prior to any change in or cancel- lation of the policies shown on the certificate. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN, AND FURNISHERS OF MACHINERY, EQUIPMENT AND' SUPPLIES The Contractor agrees that he will indemnify and save the Owner, its officers, the Architect and their agents and employees harmless from all claims growing out of any demands of subcon- tractors, laborers, workmen, mechanics, materialmen and fur- nishers of machinery and parts thereof, equipment, power tools, all suppliers,,including commissary, incurred in the furtherance of the performance of this Contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obliga- tions of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any. of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand .- is made, then Owner may, during the period for which such indebt- edness shall remain unpaid, withhold from the unpaid portion of this Contract, a sum equal to the amount of such unpaid indebt- edness, or may apply the sum so withheld to discharge any such indebtedness. 17 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or Owner thereof. The Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is speci- fied or required in these Contract Documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then.Contractor shall indemnify and save Owner harmless from any loss on account thereof. If the material or process specified or required by Owner is an infringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations which in any manner affect the Contract or the work, and shall indemnify and save harmless the Owner against any claims arising from the violation of any such laws, ordinances and regulations, whether by the Contractor or his employees. If the Contractor observes that the plans and specifications are at var.iance therewith, he shall promptly notify the Architect and Owner's Representative in writing, and any necessary changes shall be adjusted as provided in the Contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, he shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling and shall be considered as part of this Contract to the same effect as though embodied herein. 33. TIME FOR COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning and the time for completion of the work as specified in the Contract are ESSENTIAL CONDITIONS of this Contract; and it is further mutually understood and agreed that the work embraced in this Contract shall be commenced on a date to be specified in the "Notice to Proceed." - 18 - The Contractor agrees that said work shall be prosecuted regularly, diligently and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed by and between the Contractor and the Owner that the time for the completion of the work described herein is a reasonable time for the comple- tion of the same, taking into consideration the average climatic -►� range and usual industrial conditions prevailing in the locality. If the said Contractor shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree, as a part of the consideration for the awarding of this Contract, to pay to the Owner the amount specified in the Bid Proposal, not as a penalty, but as liquidated damages for such breach of Contract as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the Contract for completing the work. The said amount is fixed and agreed upon by an.d between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain, and said amount is agreed to be the amount of damages which the Owner would sustain, and said amount shall be permanently retained from time to time by the Owner from current periodical estimates. -» It is further agreed that time is of the essence for each and every portion of this Contract and of the specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where, under the Contract, additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this Contract. Provided, that the Contractor shall not be charged with liquidated damages or any excess cost when the Owner determines that the Contractor is without fault and the Contrac- tor's reasons for the time extension are acceptable to the Owner. Provided, further, that the Contractor shall not be charged with liquidated damages or any excess cost when the delay in.comple- tion of the work is due: (a) To any preference, priority or allocation'order duly issued by the Government. (b) To any unforeseeable cause beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, acts of the Owner, acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restric- tions, strikes, freight embargoes or severe weather; and - 19 - (c) To any delays of subcontractors or suppliers occasioned by any of the causes specified in subsections (a) or (b) of this section. Provided further, that the Contractor shall, within ten (10) days from the beginning of such delay, unless the Owner shall grant a further period of time prior to the date of final settlement of the Contract, notify the Owner's Representative, in writing, of the causes of the delay, who shall ascertain the facts and extent of the delay and notify the Contractor within a reasonable time of the Owner's decision in the matter. 34. TIME AND ORDER OF COMPLETION It is the meaning and intent of this Contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such time and sessions, in such order or precedence, and in such manner as shall be most conducive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this Contract, the plans and specifications, and within the time of completion designated in the proposals; provided, also, that when the Owner is having other work done, either by contract or by his own force, the Owner's Representative may direct the time and manner of construction work done under this Contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative or Architect, sche- dules which shall show the order in which the Contractor pro- poses to carry on the work, with dates at which the Contractor will start the several parts of the work, and estimated dates of completion of the several parts. 35. EXTENSION OF TIME The Contractor agrees that he has submitted his proposal in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of section 33 hereinabove set forth, and that he shall not be entitled to, nor will he request, an extension of time on this Contract, except when his work has been delayed by an act or neglect of the Owner, Owner's Representative, the Architect, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walk -outs, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for an extension of time, submitting therewith all written justifica- tions as may be required by the Owner's Representative for such an extension. The Owner's Representative within ten (10) days after receipt of a written request for an extension of time by - 20 - the Contractor, supported by all requested documentation shall then submit such written request to the City Council of the City -- of Lubbock for its consideration. Should the Contractor disagree with the action of the City Council, such disagreement shall be settled by arbitration as hereinafter provided. _ 36. HINDRANCE AND DELAYS In executing this Agreement, the Contractor agrees that in undertaking to complete the work within the .time herein fixed,, he has taken into consideration and made allowances for all hin- drances and delays incident to such work, whether growing out of - delays in securing material or workmen or otherwise. No charge shall.be.made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced.in this Contract except where the work is stopped by order of the G Owner or Owner's Representative for the Owner's convenience, in which event such expense, as in the judgment of the Owner's Representative is caused by such stoppage, shall be paid by Owner to Contractor. 37. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless ,- otherwise specifically provided. In the event this Contract is let on a unit price basis, then Owner and Contractor agree that this Contract, including the specifications, drawings and other Contract Documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this Contract, they are approximations and are to be used only as a basis for estimating the probable cost of the work and for comparing their proposals offered for the work. It is understood and agreed that the actual amount of work to be done and the materials to be furnished under this Contract may differ somewhat from these estimates, and that where the basis for payment under this Contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 38. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way en- countered and which may be injured or damaged by any .w, process of construction to be undertaken under this Agreement, and he shall be liable for any and all claims for such injury or damage on account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the Owner against any claim or claims for damages due - 21 - to any injury to any adjacent or adjoining property arising or growing out of the performance of this Contract., but such indemnity shall not apply to any claim of any kind arising out of the existence or character of.the work. 39. PRICE FOR WORK In consideration of furnishing all necessary labor, equip- ment and material and the completion of all work by the Contrac- tor, and on the delivery of all materials embraced in this Contract in full conformity with the specifications and stipu- lations herein contained, the Owner agrees to pay the Contractor the price set forth in the proposal attached hereto, which has been made a part of this Contract, and the Contractor hereby agrees to receive such price in full for furnishing all labor, equipment and material required for the aforesaid work, and for all expenses incurred by him, and for well and truly performing the same and the whole thereof in the manner and according to this Agreement, the attached specifications, drawings, Contract Documents and requirements of the Architect and the Owner's Representative. 40. CONSTRUCTION SCHEDULE & PERIODIC ESTIMATES Immediately after execution and delivery of the Contract, - and before the first partial payment is made, the Contractor shall deliver to the Owner's Representative and to the Architect an estimated construction progress schedule in a form satisfac- tory to the Owner's Representative and Architect, showing the proposed dates of commencement and completion of each of the various subdivisions of work required under the Contract Docu- ments and the anticipated amount of each monthly payment that will become due the Contractor in accordance with the progress schedule. The Contractor shall also furnish on forms to be supplied by the Owner (a) a detailed estimate giving a complete breakdown of the Contract price and (b) periodic itemized . estimates of work done for the purpose of making partial payments thereon. The costs employed in making up any of these schedules will be used only for determining the basis of partial payments and will not be considered as fixing a basis for additions to or deductions from the Contract price. At least fifteen days before the date for each progress payment established in Section 41 of these General Conditions, the Contractor shall submit to the Architect an itemized Appli- cation for Payment, notarized if required, supported by such data substantiating the Contractor's right to payment as the Owner or the Architect may require, and reflecting retainage, if any, as provided elsewhere in the Contract Documents. Unless otherwise provided in the Contract Documents, payments will be made on account of materials or equipment not incorporated in the work but delivered and suitably stored at the site. - 22 - r- The Contractor shall promptly pay each subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such subcontractor's work, the amount to which said subcontractor is entitled, reflecting the percentage actually retained, if any, from payments to the Contractor on account of -such subcontractor's work. The Contractor shall, by an appropriate agreement with each subcontractor, require each subcontractor to make payments to his sub -subcontractors in similar manner. 42. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND SUBCONTRACTORS The Contractor and each subcontractor shall prepare their .-; payrolls on forms satisfactory to and in accordance with in- structions to be furnished by the Local Public Agency or Public Body. The Contractor shall submit weekly to the Local Public Agency or Public Body two certified copies of all payrolls of the Contractor and of the subcontractors, it being understood that the Contractor shall be responsible for the submission of copies of payrolls of all subcontractors. Each such payroll shall contain the "Weekly Statement of Compliance" set forth in Section 3.3 of Title 29, Code of Federal Regulations. The payrolls and basic payroll records of the Contractor and each subcontractor covering all laborers and mechanics employed upon the work covered by this Contract shall be maintained during the course of the work and preserved for a period of three (3) years there- after. Such payrolls and basic payroll records shall contain the name and address of each such employee, his correct classifica- tion, rate of pay (including rates of contributions or costs anticipated of the types described in Section 1(b)(2) of the Davis -Bacon -Act), daily and weekly number of hours worked, deductions made and actual wages paid. In addition, whenever the Secretary of Labor has found under Section 5.5(a)(1)(iv) of Title 29, Code of Federal Regulations, that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis -Bacon Act, the Contractor or subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. The -. Contractor and each subcontractor shall make their employment records with respect to persons employed by them upon the work covered by this Contract available for inspection by authorized representatives of the Secretary of Housing and Urban Develop- ment, the Local Public Agency or Public Body and the United States Department of Labor. Such representatives shall be permitted to interview employees of the Contractor or of any ^- subcontractor during working hours on the job. - 25 - 43. MINIMUM WAGES (See Exhibit B: In excess of $2,000) All laborers and mechanics employed upon the work covered by this Contract shall be paid unconditionally and not less often than once each week, and without subsequent deduction -or rebate on any account (except such payroll deductions as are made mandatory by law and such other payroll deductions as are permitted by the applicable regulations issued by the Secretary of Labor, United States Department of Labor, pursuant.to the Anti -Kickback Act hereinafter identified), the full amount due at time of payment computed at wage rates not less than those contained in the wage determination decision of said Secretary of Labor (a copy of which is included in Exhibit B) regardless of any contractual relationship which maybe alleged to exist between the Contractor or any subcontractor and such laborers and mechanics. All laborers and mechanics employed upon such work shall be paid in cash, except that payment may be by check if the employer provides or secures satisfactory facilities approved by the Local Public Agency or Public Body for the cashing of the same without cost or expense to the employee. For the purpose of this clause, contributions made or costs reasonably anticipated under Section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section 5.5(a)(1)(iv) of Title 29, Code of Federal Regulations. Also for the purpose of this clause, regular contributions made or costs incurred for more than a weekly period under plans, funds or programs, but covering the particular weekly period, are deemed to be con- structively made or incurred during such weekly period. 44. POSTING WAGE DETERMINATION DECISIONS AND AUTHORIZED WAGE DEDUCTIONS The applicable wage poster of the Secretary of Labor, United States Department of Labor, and the applicable wage determination decisions of said Secretary of Labor with respect to the various classification of laborers and mechanics employed and to be employed upon the work covered by this Contract, and a statement showing all deductions, if any, in accordance with the provisions of this Contract, to be made from wages actually earned by persons so employed or to be employed in such classifications, shall be posted at appropriate conspicuous points at the site of the work. 45. EMPLOYMENT OF LABORERS OR MECHANICS NOT LISTED IN AFORESAID WAGE DETERMINATION DECISIONS Any class of laborers or mechanics which is not listed in the wage determination decisions and which is to be employed under the Contract will be classified or reclassified conform- ably to the wage determination by the Local Public Agency or Public Body, and a report of the action taken shall be submitted by the Local Public Agency or Public Body, through the Secretary of Housing and Urban Development, to the Secretary of Labor, - 26 - United States Department of Labor. In the event the interested parties cannot agree on the proper classification or reclassi- fication of a particular class of laborers and mechanics to. be used, the question, accompanied by the recommendation of the Local Public Agency or Public Body, shall be referred, through . the Secretary of Housing and Urban Development, to the Secretary of Labor for final determination. �., 46. SPECIFIC COVERAGE OF.CERTAIN TYPES OF WORK BY EMPLOYEES The transportation of materials and supplies to or from the site of the Project or Program to which this Contract pertains by the employees of the Contractor or of any subcontractor, and the manufacturing or furnishing of materials, articles, supplies or equipment on the site of the Project or Program to which this Contract pertains by persons employed by the Contractor or by any subcontractor, shall, for the purposes of this Contract, and without limiting the generality of the foregoing provisions of this Contract, be deemed to be work to which these Federal Labor Standards Provisions are applicable. 47. UNDERPAYMENTS OF WAGES OR SALARIES In case of underpayment of wages by the Contractor or by any subcontractor to laborers or mechanics employed by the Contractor .-. or subcontractor upon the work covered by this Contract, the Local Public Agency or Public Body, in addition to such other rights as maybe afforded it under this Contract, shall withhold from the Contractor, out of any payments due the Contractor,.so much thereof as the Local Public Agency or Public Body may consider necessary to pay such laborers or mechanics the full amount of wages required by this Contract. The amount so withheld may be disbursed by the Local Public Agency or Public Body, for and on account of the Contractor or the subcontractor (as may be appropriate), to the respective laborers or mechanics �. to whom the same is due, or on their behalf to plans, funds or programs for any type offringe benefit prescribed in the applicable determination. 48. ANTICIPATED COSTS OF FRINGE BENEFITS If the Contractor does not make payments to a trustee or other third person, he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably antici- pated in providing fringe benefits under a plan or program of a �-- type expressly listed in the wage determination decisions of the Secretary of Labor, which are a part of this Contract: Provided, the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside, in a separate account, assets for meeting the Obligations under the plan or program. A copy of any findings made by the Secretary of Labor in respect to fringe benefits - 27 - being provided by the Contractor must be submitted to the'Local Public Agency or Public Body with the first payroll filed by the Contractor subsequent to receipt of the findings. •.A.9.__F.RINEE ...BENEF.ITS..N.OT-EXPRESSED.-AS.HO.UR.LY W.ACE RATES The Local Public Agency or Public Body shall require, whenever the minimum rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which .is not expressed as an hourly wage rate, and the Contractor is obligated to pay the cash equivalent of such a fringe benefit, an hourly cash equivalent thereof to be established. In the event the interested parties cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by the recommendation of the Local Public Agency or Public Body, shall be referred, through the Secretary of Housing and Urban Development, to the Secretary of Labor for determination.. -. 50. OVERTIME COMPENSATION REQUIRED BY CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (76 STAT. 357-360: TITLE 40 U.S.C. SECTIONS 327-332 (a) Overtime requirements. No Contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics, including watchmen and guards, shall require or permit any laborer or. mechanic in any work week in which they are employed on such work to work in excess of 40 hours in such work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times their basic rate of pay for all hours worked in excess of 40 hours in such work week. (b) Violation: Liability for unpaid wages and liquidated damages. In the event of any violation of the clause set forth in paragraph (a) of this Section, the Contractor and any subcon- tractor responsible therefor shall be liable to any affected employee for his unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violation of the clause set forth in paragraph (a) in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph (a). (c) Withholding for liquidated 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 0 determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for liquidated damages as provided in the clause set forth in paragraph (b) of this Section. (d) Subcontracts. The Contractor shall insert -in any M~ subcontracts the clauses set forth in paragraphs (a), (b) and (c) of this Section and also a clause requiring the subcon- tractors to include these clauses in any lower tier subcontract which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. 51. EMPLOYMENT OF APPRENTICES/TRAINEES (a) Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed and individually registered in a bona fide apprentice- ship program registered with the U. S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his first 90 days of probationary employment as an apprentice in such an apprenticeship program who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of -- apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the Contractor as to his entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate who is not a trainee as defined in paragraph (b) of this Section, or is not registered or otherwise employed as stated above, shall be paid the wage rate determined by the Secretary of Labor for the classification of work he actually performs. The Contractor or subcontractor will be required to furnish to the contracting officer, or a representative of the Wage -Hour Division of the U.S. Department of Labor, written evidence of the registration of his program and apprentices, as well as the appropriate ratios and wage rates (expressed in percentages of the journeymen hourly rates), for the area of construction prior to using any appren- tice on the Contract work. The wage rate paid apprentices shall be not less than the appropriate percentage of the journeyman's rate contained in the applicable wage determination. (b) Trainees. Except as provided in 29 CFR 5. 15, trainees will not be permitted to work at less than the predetermined rate »-• for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification, by the U. S. Department of Labor, Manpower Administration, Bureau of Appren- ticeship and Training. The ratio of trainees to journeymen shall not be greater than permitted under the plan approved by the Bureau of Apprenticeship and Training. Every trainee must be paid at not less than the rate specified in the approved program for his level of progress. Any employee listed on the payroll at - 29 - a trainee rate who is not registered and participating in a training plan approved by the Bureau of Apprenticeship and Training shall be paid not less than the wage rate determined by the Secretary of Labor for the classification of work he actually performs. The Contractor or subcontractor will be required to furnish the contracting officer or a representative of the Wage -Hour Division of the U.S. Department of Labor written evidence of the certification of his program, the registration of the trainees and the ratios and wage rates prescribed in that program. In the event the Bureau of Apprenticeship and Training withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the appli- cable predetermined rate for the work performed until an accept- able program is approved. (c) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 52. EMPLOYMENT OF CERTAIN PERSONS PROHIBITED No person under the age of sixteen years and no person who, at the time, is serving sentence in a penal or correctional institution shall be employed on the work covered by this Contract. - 53. REGULATIONS PURSUANT TO SO-CALLED "ANTI -KICKBACK ACT" The Contractor shall comply with the applicable regulations (See Exhibit A, attached and herein incorpo- rated by reference) of the Secretary of Labor, United States Department of Labor, made pursuant to the so-called "Anti -Kick- back Act" of June 13, 1934 (48 Stat. 948, 62 Stat. 862, 63 Stat. 108, 72 Stat. 967; 62 Stat. 740: Title 18 U.S.C., Section 874 and Title 40 U.S.C., Section 276c) and any amendments or modi- fications thereof, and shall cause appropriate provisions to be inserted in subcontracts to insure compliance therewith by all subcontractors subject thereto, and shall be responsible for the submission of affidavits required by subcontractors thereunder, except as said Secretary of Labor may specifically provide for reasonable limitations, variations, tolerances and exemptions from the requirements thereof. 54. COMPLAINTS, PROCEEDINGS OR TESTIMONY BY EMPLOYEES No laborer or mechanic to whom the wage, salary or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable to his employer under this Contract. - 30 - r— 55. CLAIMS AND DISPUTES PERTAINING TO WAGE RATES Claims and disputes pertaining to wage.rates or to clas- sifications of laborers and mechanics employed upon the work covered by this Contract shall be promptly reported by the Contractor; in writing, to the Local Public Agency or Public Body for referral by the latter through the Secretary of Housing and Urban Development to the Secretary of Labor, United States Department of Labor, whose decision shall be final with respect thereto. 56. QUESTIONS CONCERNING CERTAIN FEDERAL STATUTES AND REGULATIONS All questions arising under this Contract which relate to the application or interpretation of (a) the aforesaid Anti - Kickback Act, (b) the Contract Work Hours and Safety Standards -, Act, (c) the aforesaid Davis -Bacon Act, (d) the regulations issued by the Secretary of Labor, United States Department.of Labor, pursuant to said Acts or (e) the labbr standards pro- visions of any other pertinent Federal statute, shall be re- ferred, through the Local Public Agency or Public Body and.the Secretary of Housing and Urban Development, to the Secretary of Labor, United States Department of Labor, for said Secretary's appropriate ruling or interpretation, which shall be authori- tative and may be relied upon for the purposes of this Contract. •- 57. FINAL COMPLETION AND ACCEPTANCE When the Contractor considers that the work, or a designated portion thereof which is acceptable to the Owner, is substan- tially complete as defined, the Contractor shall prepare for submission to the,Architect a list of items to be completed or corrected. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all work in accordance with the Contract Documents. .- Within thirty-one (31) days after the Contractor has given the Architect written notice that the work has been completed or substantially completed, the Architect and the Owner's Represen- tative shall inspect the work and within.said time, if the work be found to be completed or substantially completed in accordance with the Contract Documents, the Architect will then prepare a Certificate of Substantial Completion, which shall establish the Date of Substantial Completion, and shall fix the time within which the Contractor shall complete the items listed therein. Warranties required by the Contract Documents shall commence on .. the Date of Substantial Completion of the Work or designated portion thereof, unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Comple- tion shall be submitted to the Owner and the Contractor for their written acceptance of the responsibilities assigned to them in such Certificate. - 31 - Upon Substantial Completion.of the Work or designated portion thereof, and upon application by the Contractor and certification by the Architect, the Owner shall within ten (10) days issue a certificate of acceptance of the work to the Contractor. 58. FINAL PAYMENT Upon receipt.of written notice that the work is -ready for final inspection and acceptance, and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when he finds the work acceptable under the Contract Documents, and the Contract fully performed, he will prepare a Final Statement of the value of all work performed and materials furnished under the terms of the Agreement and promptly issue a final Certificate for Payment, stating that to the best of his knowledge, information and belief, and on the basis of his observations and inspections, the work has been completed in accordance with the terms and conditions of the Contract Docu- ments, and that the entire balance found due the Contractor and noted in said final Certificate, is due and payable. The Architect's final Certificate for Payment will constitute a further representation that the conditions precedent to the Contractor's being entitled to final payment, as set forth, have been fulfilled. Upon receipt of the Architect's Certificate of Completion, the Owner's Representative shall, if such Certificate is satis- factory, submit same'to the Owner, who shall pay to the Contrac- tor on or before the 31st day after the date of the Certificate of Completion, the balance due Contractor under the terms of this Agreement, provided he has fully performed his contractual obligations under the terms of said Agreement; and said payment shall become due in any event upon said performance by the Contractor. Neither the certificate of acceptance, nor the final payment, nor any provisions in the Contract Documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the special conditions (if any) of this Contract or in the specifications made a part of this Contract. 59. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK The Contractor shall promptly remove from the Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the Contract, whether actually incorporated in the work or not, and the Contractor shall at his own expense promptly replace such condemned materials with other materials conforming to the requirements of the Contract. The Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If the Contractor does not remove and replace any such condemned - 32 - work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. 60. CORRECTION OF WORK AFTER FINAL PAYMENT r - Neither the final payment nor certificate nor any provision in this Contract shall relieve the Contractor of responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work result- ing therefrom which shall appear within a period of one (1) year from the date of substantial completion. The Owner or the Owner's Representative shall give notice of observed defects with reasonable promptness. *- 61. PAYMENT WITHHELD The Architect may decline to certify payment, and may withhold his Certificate in whole or in part, to the extent reasonably necessary to protect the Owner if, in his opinion, he is unable to make representations.to the Owner as provided. If the Architect is unable to make representations to the Owner as provided, and to certify payment in the amount of the Applica- tion, he will notify the Contractor. If the Contract or the Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which he is able to make such representations to the Owner. The Architect may also decline to certify payment or, because of subsequently discovered evidence or subsequent observations, he may nullify the whole or any part of any Certificate for Payment previously issued, or the Owner may withhold or nullify the whole or part of any Certificate of Payment, to such extent as may be necessary to protect the Owner from loss because of: 1. defective work not remedied, 2. third party claims filed or reasonable evidence indicating probable filing of such claims, 3. failure of the Contractor to make payments properly to subcontractors, or for labor, materials -or equipment, r. 4. reasonable evidence that the work cannot be completed for the unpaid balance of the Contract Sum, S. damage to the Owner or another contractor, 6. reasonable evidence that the work will not be completed within the Contract time, 7. persistent failure to carry out the work in accordance with the Contract Documents, or - 33 - 8. failure to comply with contractual obligations to meet all federal requirements concerning labor standards. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of the above grounds. 62. DELAYED PAYMENT If within seven days after receipt of. the Contractor's Application for Payment, the Architect does not issue a Certi- ficate for Payment or notify the Contractor that he is unable to 'make representations to the Owner, as provided in Section 40 herein, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents any amount certified by the Architect or awarded by arbitration, or any sum due to the Contractor which is not in dispute, then the Owner shall pay the Contractor, in addition to the sums shown as due by such statement or Certificate, interest thereon at the rate of zero percent per annum, unless otherwise specified, from the date due, as provided under partial payments and final payments heretofore set forth in this Contract, until such sums are fully paid, which shall fully liquidate any injury to the Contractor growing out of such delay in payment. 63. TIME OF FILING CLAIMS It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) days after the Architect has given any directions, orders or instructions to which the Contractor desires to take exception. The Owner's Representative shall reply to such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal from the decision of the Owner's Representative, any demand for arbitration shall be filed with, the Owner's Representative and the Owner in writing within ten (10) days after the date of delivery to the Contractor of the final decision of the Owner's Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of the final,payment shall be a bar to any claim by either -party, except where noted otherwise in the Contract Documents. 64. ARBITRATION All questions of dispute under this Agreement shall be submitted to arbitration at the request of either party to the dispute. The parties may agree upon one arbitrator, otherwise, there shall be three; one named in writing by each party and the third chosen by the two arbiters selected; or if the arbiters fail to select a third arbiter within ten (10) days, he shall be chosen by the District Judge, 72nd District of Texas. Each - 34 - arbiter shall be a resident of the City of Lubbock. Should the party demanding arbitration fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the decision of the Owner's Representative shall be final and binding on him. Should the other party fail to choose an arbiter within ten (10) days, the. Owner's Representative shall appoint such arbiter. Should either party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the arbiters are empowered by both partie Proceedings. s to take Ex Parte ,- The arbiters shall act with promptness. The decision .of any two shall be binding on both parties to the Contract, unless either or both parties shall appeal within ten (10) days from date of the award by the arbiters, and it is hereby agreed that each party shall have the right of appeal, and all proceedings shall be according to and governed by the Arbitration Statutes of Texas, being Article 224, et seq., Vernon's Annotated Civil -- Statutes. THE DECISION OF THE ARBITERS UPON ANY QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT SHALL BE A CON- DITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION. The arbiters, if they deem the case demands it, are autho- rized to award the party whose contention is sustained such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The arbiters shall fix their own compensation, unless otherwise �.. provided by agreement, and shall assess the costs and charges of the arbitration upon either or both parties. The award of the arbiters must be made in writing and shall not be open to objection on account of the form of proceedings or award. 65. ABANDONMENT BY CONTRACTOR In case the Contractor.should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner's Representative or Architect, or if the Contractor fails to comply with the orders of the Architect, when such orders are consistent with this Contract, or the Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment, the Contractor shall not remove from the work anymachinery,equipment, materials or supplies then on the job, but the sametogethers, with any materials and equipment under the Contract for work, may ,.., be held for use on the work by the Owner or the Surety of the Contractor or another Contractor in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under Section 25 of this go - 35 - Contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In case the Surety should fail to commence,compliance with. _ the notice for completion hereinbefore provided for, within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, mate- rials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sumwhich would have been payable under this Contract, if the same had been completed by the Contractor, then said Contractor shall. receive the difference. In case such expense is greater than the sum would have been payable under this Contract, if the same had been completed by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the county where the -work is located, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this Contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this Contract, such increase shall be charged to the Contractor, and the Surety shall be and remain bound therefore. However, should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this Contract, the Contractor or his Surety shall be credited therewith. When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and certificates of completion and acceptance, as provided in Section 57 hereinabove set forth, shall be issued. A complete itemized statement of the Contract accounts, certified by the Owner's Representative as being correct, shall then be prepared and delivered to the Contractor and his Surety, whereon the Contractor or his Surety or the Owner, as the case may be, shall pay the balance due, as reflected by said statement, within sixty days after the date of certificate of completion. - 36 - In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this Contract, or when the Contractor and/or his Surety shall pay the balance shown to _ be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety at the respective addresses designated in this Contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date of said �- notice, the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release to the proper owners any machinery, equipment, - tools, materials or supplies which remain on the job site and belong to persons other than the Contractor of his Surety. ., 66. ABANDONMENT BY OWNER In case the Owner shall fail to comply with the terms of this Contract, and should fail or refuse to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools and equip- ment, and all materials on the ground that have not been included in payments to the Contractor and have not been incorporated into the work. Thereupon, the Architect shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Con- tractor at the prices stated in the attached proposal, the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this Contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the whole work to completion, and which cannot be utilized. The Architect shall then make a final statement of the balance due the Contractor by deducting from the ,.., above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this - 37 - Agreement, and shall certify same to the Owner's Representative. If the Owner's Representative finds the statement to be satis- factory, he shall submit it to the Owner, who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by s -aid final statement as due the Contractor under the terms of this Agree- ment. 67. LOSSES FROM NATURAL CAUSES Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circum- stances and the prosecution of the same, or from unusual obstruc- tions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 68. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor, with full, complete and exclusive power and authority to direct, supervise and control his own employees and to determine the method for performance of the work covered by this Contract. The fact that the Owner's Representative or Architect shall have the right to observe Contractor's work during its performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner, Owner's Representative or Architect hereunder, is not intended to and shall not at any time change or affect the status of the Ccntractor as an independent contractor with respect to the Owner, Owner's Representative, Architect or the Contractor's own employees, or to any other person, firm or corporation. 69. CLEANING UP The Contractor shall at all times keep the premises free From accumulation of debris caused by the work, and at the completion of the work he shall remove all such debris and also his tools, scaffolding and surplus materials, and shall leave the work broom clean or its equivalent. The work shall be left in good order and condition. In case of dispute, the Owner may remove the debris and charge the cost to.the Contractor. 70. CONTRACTOR'S RIGHT TO TERMINATE The Contractor shall have the right to terminate the Contract at any time when circumstances beyond the Contractor's control occur, thru no fault of the Contractor, which prohibit the completion of the Agreement as contemplated by the parties at the time of execution. Should the Contractor choose to terminate this Agreement, he"shall accrue no rights to full payment hereunder and shall receive only a pro rata payment for work actually performed, the amount of such payment to be assessed by, the Owner. Should the Contractor choose not to terminate, even though cause exists under this provision, liquidated damages as set forth herein shall in no way be affected. 71. RIGHT OF THE OWNER TO TERMINATE CONTRACT In the event that any of the provisions of this Contract are violated by the Contractor, or by any.of his subcontractors, the Owner may serve written notice upon the Contractor and the'Surety of the Owner's intention t -o terminate the Contract, such notices to contain the reasons for such intention,.and unless within ten (10) days after the serving of such notice upon the Contractor, such violation or delay shall cease and satisfactory arrangement of correction be made, the Contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any -- such termination, the Owner shall immediately serve notice thereof upon the Surety and the Contractor, and the Surety shall have the right to take over and perform the Contract: Provided, however, that if the Surety does not commence performance thereof within then (10) days from the date.of the mailing to such Surety of notice of termination, the Owner may take over the work and prosecute the same at the expense of the Contractor and the Contractor and his Surety shall be liable to the Owner for any excess cost occasioned the Owner thereby, and in such event the Owner may take possession of and utilize in completing the work — such materials, appliance and plant as may be on the site of the work and necessary therefor. r 72. BREACH OF FOREGOING FEDERAL LABOR STANDARDS PROVISIONS In addition to the causes for termination of this Contract as herein elsewhere set forth, the Local Public Agency or Public Body reserves the right to terminate this Contract if the .Contractor or any subcontractor whose subcontract covers any of the work covered by this Contract shall breach any of these Federal Labor Standards Provisions. A breach of these Federal Labor Standards Provisions ma also be Y grounds for debarment, as provided by the applicable regulations issued by the Secretary of Labor. A breach of Section 45 and the Federal Labor Standards Provisions may be Y grounds for termination of the Contract, and for debarment as provided in 29 CFR 5.6. '^ 73. INTEREST OR MEMBER OF OR DELEGATE TO CONGRESS No member of or Delegate to Congress or Resident Commissioner shall be admitted to any share of this Contract or to any benefit that may arise therefrom, but this not be construed to extend to this Contract if made rwith 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, 39 _ or to take part in negotiating, making, accepting or approving any architectural, engineering, inspection, construction or material supply contract or any subcontract in connection with the construction of the project shall become directly or in- directly interested personally in this Contract or.in any part hereof. No officer, employee, architect, attorney, engineer or inspector of or for the Owner who is authorized in such capacity and on behalf of the Owner to exercise any legislative, execu- tive, supervisory or other similar functions in connection with the construction of the project shall become directly or indi- rectly interested personally in this Contract or in any part thereof, any material supply contract, subcontract, insurance contract or any other contract pertaining to the project. 75. SPECIAL EQUAL OPPORTUNITY PROVISIONS A. Activities and Contracts Not Subject to Executive Order 11246, as Amended. (Applicable to Federally assisted construction con- tracts and related subcontracts under $10,000) During the performance of this Contract, the Contractor agrees as follows: (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor shall take affirmative action to ensure that applicants for employment are employed, and that employees are treated during employ- ment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensa- tion; and selection .for training, including apprenticeship. (2) The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contracting Officer setting forth the provisions of this nondiscrimination clause. The Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (3) The Contractor shall incorporate the foregoing requirements in all subcontracts. B. Contracts Subject to Executive Order 11246, as Amended. (Applicable to Federally assisted construction contracts and related subcontracts exceeding $10,000) - 40 - During the performance of this Contract, the Contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor will take affirmative action to ensure that applicants for employment are employed, and that employees are treated during employ- ment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contracting Officer setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive .-. consideration for employment without regard to race, color, religion, sex or national origin. (3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representative of the Contractor's commitment under this Section, and shall post copies of the notice in conspicuous places available to .�.. employees and applicants for employment. (4) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and the rules, "- regulations and relevant orders of the Secretary of Labor. (5) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 19659 and the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the Department and the Secretary of Labor for purposes of investigation to ascer- tain compliance with such rules, regulations and orders. (6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract, or with any of such rules, regulations or orders, this Contract may be cancelled, terminated or suspended in whole or in part, and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contract procedures authorized in Executive Order 11246 of - 41 - September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by laws. (7) The Contractor will include the portion of the sentence immediately preceding paragraph B(1) of _this Section, and the provisions of paragraphs (1) through (7) which _follow, in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order _ 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontractor or _ purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncom- pliance: Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department, the Contractor may request the United States to enter such litigation to protect the interest of the _ United States. C. "Section 3" Compliance in the Provision of Training, Employment and Business Opportunities: (Applicable to Federally assisted construction con- tracts and related subcontracts exceeding $10,000) During the performance of this Contract, the Contractor agrees as follows: (1) The Contractor agrees to comply with the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 USC 170(u)), as amended, the HUD regulations issued pursuant thereto at 24 CFR Part 135, and any applicable rules and orders of HUD issued thereunder. (2) The "Section 3" set forth in 24 CFR 135.20(b) shall form part of this Contract, as set forth in Paragraph 1 of the General Conditions, "Contract and Contract Documents." (3) Contractors shall incorporate the "Section 3 clause" shown below and the foregoing requirements in all subcontracts. Section 3 Clause as set forth in 24 CFR 135.20(b) A. The work to be performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the - 42 - greatest extent feasible opportunities for training and employment be given lower income residents of the project area, and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in -the area of the project. B. The parties to this Contract will comply with.the ... provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development and set forth in 24 CFR 135.20(b), and all applicable rules and orders of the Department issued thereunder, prior to the execution of this Contract. The parties to this Contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. C. The Contractor will send to each labor organization .,, or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause, and shall post copies of the noticein conspicuous places available to employees and applicants for employment or training. D. The Contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to a subcontract upon a finding that a Subcontrac- tor is in violation of regulations issued by the Secretary . of Housing and Urban Development, 24 CFR 135.20 (b). The Contractor will not subcontract with any subcontractor where the.Contractor has notice or knowledge that the subcontractor has been found in violation of regulations under 24 CFR 135.20'(b), and will not let any subcontract unless the subcontractor has first provided said Contractor ,.. with a preliminary statement of ability to comply with the requirements of these regulations. E. Compliance with the provisions of Section 31 the - regulations set forth in 24 CFR 135.20(b), and -all appli- cable rules and orders of the Department issued thereunder prior to the execution of the Contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these ,. requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR 135.20(b). - 43 - 76. CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS (Applicable to Federally assisted construction contracts and related subcontracts exceeding $100,000) Compliance with Air and Water Acts During the performance of this Contract, the Contractor and all subcontractors shall comply with the requirements of the Clean Air Act, as.amended, 42 USC 1857 et seq., and the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended. In addition to the foregoing requirements, all non- exempt contractors and subcontractors shall furnish to the Owner the following: (1) A stipulation by the Contractor or subcon- tractors that any facility to be utilized in the performance of any nonexempt contract or subcontract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20. (2) An agreement by the Contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued there- under. (3) A stipulation that as a condition for the award of the Contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized, or to be utilized for the contracts, is under consideration to be listed on the EPA List of Violating Facilities. (4) An agreement by the Contractor that he will include, or cause to be included, the criteria and requirements in paragraphs (1) through (4) of this Section in every nonexempt subcontract and requiring that the Contractor will take such action as the Government may direct as a means of enforcing such provisions. - 44 - 77. SPECIAL CONDITIONS PERTAINING TO HAZARDS SAFETY STANDARDS .-, AND ACCIDENT PREVENTION A. Lead -Based Paint Hazards -" (Applicable to contracts and related subcontracts for construction or rehabilitation of residential structures exceeding $100,000) The construction or rehabilitation of residential structures is subject to the HUD Lead -Based Paint regula- tions, 24 CFR Part 35. The Contractor and subcontractors shall comply with the provisions for the elimination of lead-based paint hazards under sub -part B of said regula- tions. The Owner will be responsible for the inspections and certifications required under Section 35.14(f) thereof. B. Use of Explosives The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. When the use of explosives is necessary for �. the prosecution of the work, the Contractor shall observe all local, state and Federal laws in purchasing and handling explosives. The Contractor shall take all necessary precautions to protect completed work, neighboring property, water lines or other underground structures. Where there is danger to structures or property from blasting, the charges r- shall be reduced and the material shall be covered with suitable timber, steel or rope mats. The Contractor shall notify all owners of public utility property of his intention to use explosives at least eight hours before blasting is done close to such property. Any supervision or direction of use of explosives by the Engineer does not in any way reduce the responsibility of the Contractor or his Surety for damages that may be caused by such use. C. Danger Signals and Safety Devices The Contractor shall make all necessary precautions to guard against damages to property and injury to persons. He shall put up and maintain in good condition sufficient red or warning lights at night, suitable barricades and other devices necessary to protect the public. In case the Contractor fails or neglects to take such precautions, the Owner may have such lights and barricades installed and -. charge the cost of this work to the Contractor. Such action by the Owner does not relieve the Contractor of any liabi- lity incurred under these specifications or Contract. 45 - 78. NONDISCRIMINATION AGAINST THE HANDICAPPED - SECTION 504 The Contractor shall not discriminate against any otherwise qualified handicapped employee or applicant for employment solely by reason of his handicap. The Contractor shall comply with Section 504 of the Rehabilitation Act of 1973 (P.L. 93-112) as = amended (129 U.S.C.A. §794). - 46 - ' r-� EXHIBITS A. COPELAND ANTI -KICKBACK REGULATIONS - B. CURRENT WAGE DETERMINATIONS (This page left blank intentionally) EXHIBIT ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS SO-CALLFD "ANTI-KICKFACK ACT" AND REGULATIONS PROMULGATED PURSUANT THERETO BY THE SECRETARY OF LABOR, �. UNITED STATES DEPARTMENT OF LABOR TITLE 18, U.S.C., Section 874 (Replaces Section 1 of the Act of June 13, 1934 (48 Stat. 948, 40 U.S.C., Sec. 276b) pursuant to the Act of June 25, 1948, 62 Stat. 862) KICKBACKS FROM PUBLIC WORKS EMPLOYEES. Whoever, by force, intimidation, or threat of procuring dismissal from employment, or by any other manner whatsoever induces any person employed in the construction, prosecution, completion or repair of any public building, public work, or building or work financed in whole or in part by loans or grants from the United States, to give up any part of the compensation to which he is entitled under his contract of employment, shall „.. be fined not more than $5,000 or imprisoned not more than five years, or both. SECTION 2 OF THE ACT OF JUNE 13, 1934, AS AMENDED (48 Stat. 948, 62 Stat. 862, 63 Stat. 108, 72 Stat. 967, 40 U.S.C., Sec. 276c) The Secretary of Labor shall make reasonable regulations for -- contractors and subcontractors engaged in the construction, prosecution, completion or repair of public buildings, public _ works or buildings or works financed in whole or in part by loans or grants from the United States, including a provision that each contractor and subcontractor shall furnish weekly a statement with respect to the wages paid each employee during the preceding week. Section 1001 of Title 18 (United States Code) shall apply to such statements. ---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 299 Subtitle A, Code of Federal Regulations, Part 3. The term "this part," as used in the regulations hereinafter set forth, refers to Part 3 last above mentioned. Said regulations are a follows: TITLE 29 - LABOR Subtitle A - Office of the Secretary of Labor PART 3 - CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR PUBLIC WORK FINANCED IN WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES Section 3.1 Purpose and scope. This part prescribes "anti -kickback" regulations under Section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c), popularly known as the Copeland Act. This part applies to any contract which is subject to Federal wage standards and which is for the construction, prosecution, completion, or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States. The part is intended to aid in the enforcement of the minimum wage provisions of the Davis -Bacon Act and the various statutes dealing with Federally -assisted construction that contain similar minimum wage provisions, including those provisions which are not subject to Reorganization Plan No. 14 (e.g., the College Housing Act of 1950, the Federal Water Pollution Control Act, and the Housing Act of 1959), and in the enforcement of the overtime provisions of the Contract Work Hours Standards Act whenever they are applicable to construction work. The part details the obligation of contractors and subcontractors relative to the weekly submission of statements regarding the wages paid on work covered thereby; sets forth the circumstances and procedures governing the making of payroll deductions from the wages of those employed on such work; and delineates the methods of payment permissible on such work. Section 3.2 Definitions. As used in the regulations in this part: (a) The terms "building" or "work" generally includes construction activity as distinguished from manufacturing, furnishing of materials, or servicing and maintenance work. The terms include, without limitation, buildings, structures, and improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals; dredging, shoring, scaffolding, drilling, blasting, excavating, clearing, and landscaping. Unless conducted in connection with and at the site of such a building or work as is described in the foregoing sentence, the manufacture or furnishing of materials, articles, supplies, or equipment (whether or not a Federal or State agency.acquires title to such materials, articles, supplies, or equipment during the course of the manufacture or furnishing, or owns the mate- rials from which they are manufactured or furnished) is not a "building" or "work" within the meaning of the regulations in this part. (b) The terms "conditions", "prosecution", "completion", or "repair" mean all types of work done on a particular building or work at the site thereof, including, without limitation, alter- ing, remodeling, painting and decorating, the transporting of materials and supplies to or from the buildinq or work by the employees of the construction contractor or construction sub- contractor, and the manufacturing or furnishing of materials, .-, articles, supplies, or equipment on the site of the building or work, by persons employed at the site by the contractor or' subcontractor. (c) The terms "public buildin " or " ublic inclue building or work for whose construction, prosecution`,"completion, or repair, as defined above, a Federal agency is a contracting party, regardless of whether title thereof is in a federal agency. (d) The term "building or work financed in whole or in part by loans or grants from the United States" includes building or work for whose construction, prosecution, completion, or repair, as defined above, payment or part payment is made directly or indirectly from funds provided by loans or grants by a Federal agency. The term does not include building or work for which Federal assistance is limited solely to loan guarantees or �^ insurance. (e) Every person paid by a contractor or subcontractor in. any manner for his labor in the construction, prosecution, completion, or repair of a public building or -public work or building or work financed in whole or in part by loans or grants from the United States is "employed" or receiving "wages", regardless of any contractual relationship alleged to exist between him and the real employer. (f) The term "any affiliated person" includes a spouse, child, parent, or other close relative of the contractor or subcontractor, a partner or officer of the contractor or sub- contractor ' ub- contractor, a corporation closely connected with the contractor or subcontractor as parent, subsidiary or otherwise, and an officer or agent of such corporation. (g) The term "Federal agency" means the United States, the District of Columbia, and all executive -departments, independent establishments, administrative agencies, and instrumentalities of the United States and of the District of Columbia, including corporations, all or substantially all of the stock of which is beneficially owned by the United States, by the District of Columbia, or any of the foregoing departments, establishments, agencies, and instrumentalities. Section 3.3 Weekly statement with respect to payment of wages. (a) As used in this section, the term "employee" shall not apply to persons in classifications higher than that of laborer �- or mechanic and those who are the immediate supervisors of such employees. (b) Each contractor or subcontractor engaged in the construction, prosecution, completion, or repair of any public building or public work, or building or work financed in whole or in part by loans or grants from the United States, shall furnish each week a statement with respect to the wages paid each of its employees engaged on work covered by 29 CFR Parts. 3. and 5 during the preceding weekly payroll period. This statement shall be executed by the contractor or subcontractor or by an authorized officer or employee of the contractor or subcontractor who . supervises the payment of wages, and shall be on form WH 348 "Statement of Compliance"; or on an identical form on the back of WH 347, "Payroll (For Contractors Optional Use)" or on any form with identical wording. Sample copies of WH 347 and WH 348 may be obtained from the Government contracting or sponsoring agency, and copies of these forms may be purchased at the Government Printing Office. (c) The requirements of this section shall not apply to any contract of $2,000 or less. (d) Upon a written finding by the head of a Federal agency, the Secretary of Labor may provide reasonable limitations, variations, tolerances, and exemptions from the requirements of this section subject to such conditions as the Secretary of Labor may specify. (29 F.R. 95, Jan. 4, 1964, as amended at 33 F.R. 10186, July 17, 19.6 Section 3.4 Submission of weekly statements and the preservation and inspection of weekly payroll records. (a) Each weekly statement required under Section 3.3 shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at site of the building or work, or, if there is no representative of a Federal or State agency at the site of the building or work, the statement shall be mailed by the contractor or subcontractor, within such time, to a Federal or state agency contracting for or financing the building or work. After such examination and check as may be made, such statement, or a copy thereof, shall be kept available, or shall be transmitted together with a report of any violation, in accordance with applicable procedures prescribed by the United States Department of Labor. (b) Each contractor or subcontractor shall preserve his weekly payroll records for a period of three years from date of completion of the contract. The payroll records shall set out accurately and completely the name and address of each laborer and mechanic, his correct classification, rate of pay, daily and weekly number of hours worked, deductions made, and actual wages paid. Such payroll records shall be made available at all times for inspection by the contracting officer or his authorized representatives of the Department of Labor. Gia Section 3.5 Payroll deductions permissible without application to or approval of the Secretary of Labor. Deductions made under the circumstances or in the situations described in the paragraphs of this section may be made without application to and approval of the Secretary of Labor: (a) Any deduction made in compliance with the requirements of Federal, State, or local law, such as Federal or State withholding income taxes and Federal social security taxes. (b) Any deduction of sums previously paid to the employee as a bona fide prepayment of wa9es when such prepayment is made without discount or interest. A "bona fide prepayment of wages" is considered to have been made only when cash or its equivalent has been advanced to the person employed in such manner as to give him complete freedom of disposition of the advanced funds. (c) Any deduction of amounts required by court process to be paid to another, unless the deduction is in favor of the contractor, subcontractor or any affiliated person, or when collusion or collaboration exists. (d) Any deductions constituting a contribution on behalf of the person employed to funds established by the employer or representatives of employees, or both, for the purpose of providing either from principal or income, or both, medical or hospital care, pensions or annuities on retirement, death benefits, compensation for injuries, illness, accidents, sick- ness, or disability, or for insurance to provide any of the foregoing, or unemployment benefits, vacation pay, savings accounts, or similar payments for the benefit of employees, their families and dependents: Provided, however, that the following standards are met: (1) The deduction is not otherwise prohibited by law; (2) it is either: (i) Voluntarily consented to by the employee in writing and -in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of or for the continuation of employment, or (ii) provided for in a bona fide collective bargaining agreement between the contractor or subcontractor and representatives of its employees; (3) no profit or other benefit is otherwise obtained, directly or indirectly, by the contractor or subcon- tractor or any affiliated person in the form of commission, dividend, or otherwise; and (4) the deductions shall serve the n 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. M Any deduction requested by the employee to enable him to repay loans to or to purchase shares in credit unions orga- nized and operated in accordance with Federal and State credit union statutes. (g) Any deduction voluntarily authorized by the employee for the making of contributions to governmental or quasi - governmental agencies, such as the American Red Cross. (h) Any deduction voluntarily authorized by the employee for the making of contributions to Community Chests, United Givers Funds, and similar charitable organizations. (i) Any deductions to pay regular union initiation fees and membership dues, not including fines or special assessments: Provided, however, that a collective bargaining agreement between the contractor or subcontractor and representatives of its employees provides for such deductions and the deductions are not otherwise prohibited by law. (j) Any deduction not more than for the "reasonable cost" of board, lodging, or other facilities meeting the requirements of section 3(m) of the Fair Labor Standards Act of 1938, as amended, and Part 531 of this title. When such a deduction is made the additional records required under Section 516.27(a) of this title shall be kept. Section 3.6 Payroll deductions permissible with the approval of the Secretary of Labor. Any contractor or subcontractor may apply to the Secretary of Labor for permission to make any deduction not permitted under Section 3.5. The Secretary may grant permission whenever he finds that: (a) The contractor, subcontractor, or any affiliated person does not make a profit or benefit directly or indirectly from the deduction either in the form of a commission, dividend, or otherwise; (b) The deduction is not otherwise prohibited by law; (c) The deduction is either (1) voluntarily consented to by the employee in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of employment or its continuance, or (2) provided for in a bona fide collective bargaining agreement between the contractor or subcontractor and representatives of its employees; and (d) The deduction serves the convenience and interest of the employee. r^ Section 3.7 Applications for the approval of the Secretary. of Labor. Any application for the making of payroll deductions under Section 3.6 shall comply with the requirements.prescribed in the following paragraphs of this section: (a) The application shall be in writing and shall be addressed to the Secretary of Labor. (b) The application shall identify the contract or con- tracts under which the work in question is to be performed. Permission will be given for deductions only on specific, identified contracts, except upon a showing of exceptional circumstances. (c) The application shall state affirmatively that there is compliance with the standards set forth in the provisions of Section 3.6. The affirmation shall be accompanied by a full statement of the facts indicating such compliance. (d) The application shall include a description of the proposed deduction, the purpose to be served thereby, and the classes of laborers or mechanics from whose wages the proposed deduction would be made. (e) The application shall state the name and business of any third person to whom any funds obtained from the proposed deductions are to be transmitted and the affiliation of such person, if any, with the applicant. Section 3.8 Action by the Secretary of Labor upon applications. The Secretary of Labor shall decide whether or not the requested deduction is permissible under provisions of Section .-, 3.6; and shall notify the applicant in writing of his decision. Section 3.9 Prohibited payroll deductions. Deductions not elsewhere for by this part and which are not found to be permissible under Section 3.6 are prohibited. Section 3.10 Methods of payment of wages. The payment of wages shall be by cash, negotiable instru- ments payable on demand, or the additional forms of compensation for which deductions are permissible under this part. No other methods of payment shall be recognized on work subject to the Copeland Act. Section 3.11 Regulations part of contract. All contracts made with respect to the construction, prosecution, completion, or repair of any public building or public work or building or work financed in whole or in part by loans or grants from the United States covered by the regulations in this part shall expressly bind the contractor or subcontractor to comply with such of the regulations in this part as may be applicable. In this regard, see Section 5.5(a) of this sub- title. EXHIBIT B WAGE DETERMINATIONS (Obtain from Community Development Office) Subject to Change 10 Days Prior to Bid Opening (This page left blank intentionally) /'YlM1 C. U.S. Department of Housing and Urban Development Fort Worth Regional Office, Region VI IIM *; 1600 Throckmorton 14, Do Y!•+ P.O. Box 2905 A J !/'� 'F - J �0 Fort Worth, Texas 76113-2905 v LTJ Mr. Shawn Raborn City of Lubbock PO Box 2000 Lubbock, TX 79457 Dear Mr. Raborn: Subject: HUD Project Number B -88 -MC -48-0022 Install Playground Equipment at Carlisle Annex Park Lubbock (Lubbock County), Texas Enclosed is wage decision number TX90-28/309 (general wage decision), which currently includes one (1) modification, and is applicable to construction of the project cited above. General wage Decisions have no expiration date; however, they are subject to modification and/or supersedeas action by the U. S. Department of Labor. It is important that each wage decision be verified as current by callini this office at (817) 885-5829 ten (10) days prior to bid openino Any supersedeas decision or modification announced in the Federal Register ten (10) days prior to bid opening will be applicable to the subject project. If the contract has not been awarded within ninety (90) days after bid opening, any modifications announced prior to award of that contract will be effective. The applicable wage decision, including modifications, must be made a part of the bid documents (if any) or invitations for proposals, and made a part of every subsequent contract and subcontract for construction work on the project. The wage rates contained therein shall be the minimum wage rates to be paid under such contracts by contractors and subcontractors on the job. The Federal Labor Standards Provisions (HUD -4010) must also be included in all contracts, subcontracts, and any lower -tier subcontracts. we are enclosing a HLTD-4010 form for your use. It is the Prime Contractor's responsibility to ensure inclusion of wage rates and labor standards provisions in all subcontracts. The recipient must hold a preconstruction conference with the principal contractor and all available subcontractors prior to start of construction, at which time they shall be advised of their responsibilities and obligations regarding the Federal Labor Standards Provisions and the wage decision contained in the contract documents. A copy of the Preconstruction minutes must be kept in the City's files. Enclosed is a poster which is required to be posted in a prominent place on the job site, readily accessible to the workers, along with a copy of the wage decision. E We are also enclosing a Start Work Notice form which you should complete and return as notification when construction begins on the project.' PHUD, Labor Relations, 6SL 1600 Throckmorton PO Box 2905 Fort Worth, TX 76113-2905 If you need additional information, please feel free to contact our Labor Relations staff at (817) 885-5829. Enclosures Sincerely, laerias E. e bor Rela i 1 .4 Department of Labor GENERAL WAGE DECISION NO. TX90-28 So 9 Supersedes General Wage Decision No. TX89-28 a.. State: TEXAS *County(ies): Ector, Lubbock, Midland, Potter, Randall, Taylor, Tom Green Construction Type: Heavy & Highway -- *Construction Description: Heavy (excluding tunnels &dams) and Highway Projects (does not include building structures in rest area �- projects). Modification Record: No• Publication Date Page No.(s) ^* 1 June 22. 1990 1053-1055 1053 (June 22, 1990) Vol. 11 Department of Labor / TX90-28 3d / Basic Hourly Rates *ASPHALT HEATER OPERATOR 7.35 *ASPHALT RAKER 7.30 *ASPHALT SHOVELER 6.40 *BATCHING PLANT WEIGHER 7.40 *CARPENTER 7,90 *CARPENTER HELPER 6.90 *CONCRETE FINISHER (PAVING) 8.40 *CONCRETE FINISHER HELPER (PAVING) 6.00 *CONCRETE FINISHER (STRUCTURES) 7.90 *CONCRETE FINISHER HELPER (STRUCTURES) 7.05 *ELECTRICIAN 10,00 *FORM BUILDER (STRUCTURES) 7.75 - *FORM SETTER HELPER (PAVING & CURB) 6.80 *FORM SETTER (PAVING & CURB) 8.25 *FORM SETTER (STRUCTURES) 8.20 *FORM SETTER HELPER (STRUCTURES) 6.75 *LABORER, COMMON 5.95 *LABORER. UTILITY 7.15 *MECHANIC 9.80 *MECHANIC HELPER 7.70 *OILER 6.90 *SERVICER 7.90 *PIPELAYER 6.90 *PIPELAYER HELPER 6.50 *REINFORCING STEEL SETTER (STRUCTURES) 7.65 *REINFORCING STEEL SETTER HELPER 7.55 *SPREADER BOX OPERATOR 7.00 *POWER EQUIPMENT OPERATORS: Asphalt Distributor 7.80 Asphalt Paving Machine 8.05 Broom or Sweeper Operator 6.20 Bulldozer 150 HP & Less 7.00 Bulldozer over 150 HP 7.35 Concrete Paving Curing Machine 9.10 Concrete Paving Finishing Machine 9.00 Concrete Paving Grinder 8.50 Concrete Paving Float 9.10 Concrete Paving Saw 8.50 Concrete Paving Speader 9.10 Reinforcing Steel Machine 7.00 S1lpform Machine 9.00 Crane, Clamshell. Backhoe. Derrick, Dragline, Shovel (less than 1 1/2 CY) 8.35 Crane, Clamshell, Backhoe, Derrick, Oragline, Shovel (1 1/2 CY & Over) 9.45 Crusher or Screening Plant Operator 6.95 Foundation Drill Operator (Crawler Mounted) 8.00 Fountain Drill Operator (Truck Mounted) 10.50 Front End Loader (2 1/2 CY & less) 7.90 Mixer (16 CF & Less) 6.25 Mixer (over 16 CF) 7.50 Motor Grader Operator. Fine Grade 10.20 V01.11 1054 ( June 22. 1990 ) ;. Department of Labor 00 000 TX90-28 6<7 Motor Grader Operator 9.50 Roller, Steel Wheel (Plant -Mix Pave- ment) 7.05 Roller. Steel Wheel (Other -Flat Wheel or Tamping) 6.75 Roller, Pneumatic (Self -Propelled) 6.10 Scrapers (17 CY & Less) 7 10 Scrapers (Over 17 CY) 7.35 Tractor (Crawler Type 150 HP & Less 7.05 Tractor (Crawler Type) over 150 HP 8.50 �— Tractor (Pneumatic) 80 HP & Less 6.65 Tractor (Pneumatic) over 80 HP 7.40 Traveling Mixer 6.15 Wagon Drill, Boring Machine or Post Hole Driller Operator 9.75 *TRUCK DRIVERS: Single Axle, Light 6.30 Single Axle. Heavy 6.65. Tandem Axle or Semitrailer 6.75 Lowboy -Float 7.45 Transit -Mix 6.60 ^' VIBRATOR (HAND TYPE) 6.90 WELDER 8.95 Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR, 5.5 (a) (1) ,... (ii)). V01.11 1055 (June 22, 1990) (This page left blank intentionally) r - SPECIFICATIONS M- (This page left blank intentionally) SECTION O1 SUMMARY OF WORK Northwest Little League Lighting - Helen Hodges Park 1. General 1.1 Scope of Project A. The puropose of these plans and specifications is to define the performance and design standards for the installation of Baseball Field lighting at Nortwest Little League, Helen Hodges Park. Contractor shall supply all supervision, perform all work, and furnish all labor, equipment, and incidentals necessary for the erection and construction of the lighting, poles, and electrical system as specified and/or implied by these plans and specifications. 1.2 Work Included A. Section 02 - Product Substitution B. Section 03 - Lighting . C. Section 04 - Steel Poles D. Section 05 - Electrical 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 and Recreation Department (which shall be called Owner). Owner shall set all construction stakes for locations of elements at project site. 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. 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 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. 2.3 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 SECTION 02 PRODUCT SUBSTITUTION Northwest Little League Lighting - Helen Hodges Park Substitutions 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. r- 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 ways. 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. 2. Substitutions will not be considered if: A. They are indicated or implied on shop drawings or project data submittals without being formally described 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 P.,, Ma SECTION 03 LIGHTING Northwest Little League Lighting - Helen Hodges Park 1. Lighting Performance 1.1 Footcandle Level A. The performance criteria for this playing field requires lighting equipment which will provide average light levels of 43 footcandles infield and 31 footcandles outfield maintained with normal lamp replacement and reflector cleaning. A maintenance factor of .8 is to be used in determining the initial light value after adjustment for a tilt factor. A tilt factor of .818 shall be used. The light levels are stated in the numeric values to be obtained during the initial hours of the operation of the lighting system. Bidders shall supply computer generated point by point lights scans based on 155,000 lumens per lamp showing both initial and maintained footcandle levels. B. The footcandle level shall have a uniformity ratio of maximum to minimum of not greater than 1.6:1 infield and 2.6:1 outfield. 1.2 Spill Light - Designated Areas ^�^ A. Maximum spill light values - Light levels shall not exceed the designated maximum footcandles explored in any plane as �.. 'specified for the test locations below: Maximum From boundary of Playing Horizontal Maximum Footcandles Surface in any Direction Footcandles in any plane Baseball 200 0.62 3.5 500' 0.06 0.79 2. Energy Consumption Performance 2.1 The manufacturer shall guarantee that the maximum kilowatt consumption shall not exceed 32 kw to meet the maintained footcandle levels and spill control requirements as specified. 3. Inspection and Verification 3.1 Field Test and Measure Procedures A. All testing will be done with each field illuminated individually. B. Infield Area Test Stations - Test stations for infield measurements of horizontal illumination levels shall cover an area of 80 feet by 80 feet and consist of 25 locations on an equally spaced 20 feet by 20 feet grid (commencing 10 feet outside each baseline). C. Outfield Area Test Stations - Test stations for outfield measurements of horizontal illumination levels shall cover the entire outfield area to the fence. Test stations shall be on a 20 feet by 20 feet grid and consist of 33 locations. D. Horizontal Footcandle Readings - The test cell shall be positioned 36 inches above the playing surface for all field footcandle readings. 3.2 Off -Site testing and Measurement Procedures A. Ambient Light Levels - Ambient light (light outside the playing area generated by sources other than ballfield lighting such as moon light or street lighting) levels shall be measured at the designated test stations as specified in 1.2.A. Technician is to record the maximum ambient footcandle levels in all planes and horizontal footcandle levels for each test station with playing field lights off. Then with playing field lights on, repeat the measuring procedure for spill light and subtract the difference for each test station. B. Horizontal Footcandle Readings - The test cell shall be positioned horizontally 36 inches above grade for all horizontal spill light footcandle readings. C. Any Plane Footcandle Readings - The test cell shall be positioned in any plane for measurement of maximum footcandles as specified in section 1.2.A. 3.3 Testing equipment for measurement of footcandle -. levels shall be United Technology's Digital Model #61, a Gossen Panalux Electronic 2 or an approved equal, and must show proof of calibration prior to testing as required by manufacturer. 3.4 Final Approval A. For final approval of the project, the manufacturer shall provide a final report from the test results that shall provide the ._ following items. 1. Identification of number and location of the test stations. 4. Luminaire Assembly 4.1 General Description A. The luminaire assembly shall consist of lamp, lamp socket, reflector, lens, lamp cone, reinforcing retaining ring, adjustable aiming mounting device, steel crossarms, integral wiring enclosed in rigid raceway, pole clamps ^'^ and shall be Sportscluster luminaires catalog #SC 1500 as manufactured by Musco Sports - Lighting, Inc. or an approved equal. 4.2 Items to be submitted for consideration of an alternate Luminaire Assembly. A. Failure to provide any of the following information with the alternate submittal will be grounds for rejection of the alternate. Each item shall also be clearly lettered to correspond with the following list. All items shall be assembled in the order indicated and secured or bound in a neat and orderly fashion for easy use and reference. Bidders requesting to use equipment other than that specified shall submit ten (10) days prior to bid opening the following: 1. Layout Drawing - Overall lighting layout -- design showing luminaire mounting heights and pole locations. 2. Aiming Drawing - Light aiming point plan showing focus points and reflector types. 3. Luminaire Assembly Drawing - A drawing of the luminaire assembly and its interface to show the required poles. The drawing shall show size, strength, type of material, coating of all components and hardware, and shall meet the following specifications: a. Structural Strength The luminaire assembly as shown in the manufacturer's submittal shall be capable of withstanding forces equal to 125 mph wind levels with a 1.3 gust factor without structural damage or misalignment of the luminaires on the assembly. b. Coatings All component surfaces of the completed assembly, except for the reflector, hardware and fasteners., shall be coated with hot dipped galvanized ASTM A-123. Reflector - The reflector shall be of spun aluminum with alzak finish. C. Reflector and Lamp Supports The reflector shall be fastened to the lamp cone with a reinforcing retaining ring containing an acrylic compressed fiber ring which centers and stabilizes the lamp in the reflector and provides a heat shield to protect the lamp socket from heat. d. Lens A removable lens with silicone gasket shall be attached to the reflector and shall be impact and thermal resistant glass. The lens rim shall be stainless steel or equal and shall be attached to the reflector with hinged cable or chain. e. Aiming The manufacturer shall provide a mechanical positioning device for each luminaire on the assembly which device shall be set at the factory by the manufacturer based upon computer calculated aiming information such that each assembly is delivered to the job site as a composite light source. The device shall provide for repositioning of the aiming after relamping. The manufacturer shall also supply drawings showing the aiming point locations of each liminaire. 4. Computer Models Field Light Values a. Manufacturer shall submit an original (copies are unacceptable) computer derived lighting scan showing point by point horizontal ^'^ footcandle levels on the playing surface, maximum to minimum ratio, number of luminaires, initial lamp ,... lumens and average tilt factor per Section 1.1.A. b. Manufacturer is to submit with this computer derived lighting scan information on the number and type of fixtures being used and kilowatt -- consumption for the lighting system. 5. Computer Models - Extended Scans a. Manufacturer shall submit a computer derived lighting scan with spill control showing the following: a) Point by point horizontal footcandles. b) Point by point maximum footcandles as explored in any plane. Manufacturer is to submit these scans on a 1380 foot by 1380 foot area using an equally spaced 60 foot x 60 foot grid with the facility located in the center of the 1380 foot x 1380 foot area. These scans shall reflect the spill light readings as defined in Section 1.2.A. 6. Equipment Model Numbers - Written statement of model number and manufacturer for all equipment bid. Submit a packet of descriptive 4.3 Lamps A literature on all equipment bid, as well as drawings and specifications of the luminaire assembly. 7. Luminaire Assembly Warranty - Written warranty from the manufacturer covering luminaire assembly and equipment replacement policy. 8. Aiming Alignment Warranty - Written warranty form the manufacturing company headquarters covering the aiming alignment of the luminaire assembly. 9. Wind Load Engineer's Certification - Certified engineer, independent of manufacturer, shall verify and stamp wind load test of luminaire assembly to meet or exceed structural strength as described in section 4.2.A.3.a. 10. U.L. Test Report - Bidder shall supply for the owner's review, a copy of the Underwriters Laboratory report covering the luminaire assembly being bid. 11. Verification of Demonstrated Field Technology - The manufacturer must submit in writing documented proof showing a minimum of five (5) such similar lighting projects where the specifications outlined above for spill control, field illumination values, and energy consumption have been met. 12. Manufacturer's Guarantee - The manufacturer shall submit in writing a letter guaranteeing compliance as to the above specifications. Written explanation shall be provided prior to bidding as to specified criteria for which non-compliance is anticipated and an explanation as to why the criteria should be waived. Lamps shall be 1500 watt metal halide and shall met ANSI designation M48PC 1500 BU and be Westinghouse #MH1500BU, or an approved equal. 4.4 Ballast A. There shall be an individual ballast for each luminaire. The ballast shall be a lead peak - auto -regulating ballast. The.remote ballast system described above shall be located approximately 10' above gradeonthe same pole as the luminaire assembly in a NEMA Type 3R enclosure where the ballast and capacitors shall operate in ambient air not to exceed 70 degrees C as established by U.L. Test Standards. The assembly design shall be adaptable to various standard ballast and must retain U.L. listing. 4.5 Wiring and Overcurrent Protection A. All wiring on the luminaire assembly shall met National Electrical Code and shall pass from each luminaire on the assembly through protective enclosures to join in a common enclosure. Each luminaire shall have individual supplemental fuse protection located in ballast boxes or in adjacent metal enclosures. Fusing must be U.L. listed. In - Line fusing will NOT be accepted. 4.6 Special Conditions A. Codes - Luminaire assembly shall be U.L. listed and meet National Electrical Code and NEMA Publication FA -1. Pole clamps are not U.L. listed. B. Manufacturer's Warranty - Luminaire assembly shall be warranted in writing by the manufacturer for a period of two years and shall be submitted with the bid. Any parts that shall be found defective shall be replaced free of any material or labor charges to the customer. Lamps are warranted not to fail at a rate greater than manufacturer's published rated average life table. C. Aiming Alignment Warranty - The alignment of the luminaires shall be warranted by the manufacturer against movement on the luminaire assembly for a period of five years from the date of installation. Labor charges for re -aiming during the warranty period shall be the responsibility of the manufacturer. D. Replacement Parts - The contractor shall furnish to the owner of the athletic field one extra lamp and six extra fuses for future use. END OF SECTION SECTION 04 STEEL POLES Northwest Little League Lighting - Helen Hodges Park 1. Structural Design 1.1 Wind Criteria ^- A. The poles and method of installation of base plate mounted poles shall be designed to withstand the overturning moment created by �. wind loads on poles and luminaires assembly (EPA) at each location. The entire structure, including pole and luminaire assembly, shall withstand forces equal to 125MPH wind level with a 1.3 gust factor without damage or misalignment of the luminaire assembly. Poles shall be set according to approved drawing and shall be plumb within three feet of location. 1.2 Pole Specifications A. All steel - base plate mounted poles shall be designed to withstand forces specified in the Structural Design and shall be provided with welded steel base plates to accept pole pier anchor bolts. Poles shall be equipped with ,_. reinforced handhole containing equipment grounding lug and cover plate approximately 12 inches above base plate. 1-1/2" couplings with accompanying reinforced handholes and cover plates shall be provided to service the luminaires and disconnects. Fixture manufacturer to determine quantity r- and location of these items. Overall pole length will be as required. 2. Soil Conditions 2.1 The design criteria for these specifications are based on soil conditions with 200 PSF or greater compression load. It shall be the contractor's responsibility to notify the owner of soil conditions other than the design criteria. The owner shall then be responsible and absorb the cost to provide: A. Adequate pole bases for soil conditions less than 200 PSF. B. Excavation than normal etc. 3. Installation 3.1 Pole Pier and removal of materials other soils, such as rock, caliche, A. The contractor shall provide pole piers for base plate mounted poles. Piers shall be designed for a minimum of 200 PSF soil and shall withstand EPA forces on the entire assembly as specified in Structural Design. The pier design shall provide anchor bolts to receive steel pole base plate and contain rigid galvanized or PVC conduit to receive underground feeder circuits from trenches and extend to center of base plate. PVC conduit shall also be provided to run copper ground wire from center of base plate to exterior of pier at a minimum of 12" below grade. 3.2. Lighting Protection A. The contractor shall provide and install one 5/8" by 8' long copperweld ground rod at each pier approximately three feet from the pier in undisturbed earth at a minimum of 12 inches below grade. A #6 bare copper ground wire shall be extended from this ground rod through the PVC raceway to approximately two feet above the foundation. 3.3 Backfill A If backfill is required in the construction of the pole piers, the backfill shall be of an approved clay or sand and shall be placed in 6' layers and each layer shall be thoroughly tamped to approximate density of surrounding soil. END OF SECTION SECTION 05 ELECTRICAL Northwest Little League Lighting - Helen Hodges Park 1. System Design 1.1 Electrical work to begin with wiring to panel furnished and installed by contractor. The electrical wiring system shall consist of fused disconnects with underground feeder or branch circuits to each luminaire pole (NEC 230-84). Branch circuits shall extend from each supplemental fuse terminal to and up each pole to the luminaire assembly. The system shall be designed to result in no greater than 3% voltage .- drop at any luminaire. The system shall have overcurrent protection for each service, feeder, branch circuit and ballast. Each pole shall have a grounding electrode connected to the system circuit grounded conductor (NEC 250-24). A neutral conductor connecting to the service system ground shall be run from lighting panel to all luminaire assembly equipment. For ungroundewd systems, a grounding electrode shall be established at the entrance and connect to equipment grounding conductor which connects to the circuit breaker panel, all safety disconnects and luminaire assembly equipment. The power supply to each disconnect shall be provided by contractor and shall be 240 volt. Metering system is existing. ^- 2. Service Entrance 2.1 Main entrance disconnect shall be furnished by contractor. Service underground conductors (laterals) shall be installed in rigid galvanized steel conduit or IMC from service entrance equipment and extend to the bottom of trench with sweep 90 degree elbows at its outer end. 3. Underground Feeder and Branch Circuits 3.1 Feeder Circuits A. Underground wiring for feeder circuits shall run from the circuit breaker panelboard to each pole. The minimum size conductors for feeder circuits shall be no less than 30 ampere rated. 3.2 Branch Circuits A. Underground wiring for branch circuits shall run from circuit breaker panelboard to each luminaire pole. The minimum size conductors for branch circuits shall be no less than 20 ampere rated. 3.3 Rigid Conduit A. Rigid galvanized steel conduit shall be installed at the service entrance. 3.4 Direct Burial Conduit A. Underground conduit shall be non-metallic Carlon PV-Duit PVC plastic conduit, type 40- Heavywall 90 C rated, or approved equal. Underground PVC conduit shall be connected to the sweep 90 degree rigid galvanized steel elbows located at the bottom of the trench where the feeder originates and runs to and connects to the sweep 90 degree rigid galvanized steel elbows at each pole. Underground conduit wiring conductors shall be copper building wire type THWN. Conduit below creek to be schedule 80 pvc. See drawings. 4. Branch Circuit Safety Disconnect Switch 4.1 Required as shown on plans. 5. Branch Circuits on Poles 5.1 Branch circuits at each pole shall run from the pole base up the pole to the luminaire assembly. Branch circuits shall run inside of pole from the ballast can to luminaire assembly and shall be supported with strain relief connectors. 6. Overcurrent Protection 6.1. Service Entrance A. Service entrance feeder or branch circuits shall have properly sized overcurrent protection. The circuit breaker must be compatible with the specified panels and shall be thermal magnetic plug -on type with a common trip handle for multi -pole breakers. Exterior tie handles shall not be acceptable. The AIC rating of circuit breakers shall equal or exceed the available fault circuit at the main lug terminal'. The -circuit breakers shall be Square "D" FA, Qo or EH -- plug -on circuit breaker or approved equal. (If single main disconnect is required, use Class "R" fuses.) 6.2 Branch Circuit Fuses A. All branch circuit fusible disconnect switches shall be protected with Class "R" fuses. 6.3. Ballast Supplemental Fuses A. All luminaire fixture ballasts shall be individually protected against overcurrent. Ballast protection shall be 240 volt Limitron Bussman Fuse #MDA or approved equal. 7. Grounding Main entrance service and all luminaire assemblies and poles shall meet the following requiremewnts for grounding: 7.1. Grounding at Service Entrance A. Grounding shall be by contractor. 7.2 Grounding at Each Luminaire Pole A. Grounding Electrode - Each luminaire pole shall have a grounding electrode ground rod located at the base of each pole. The ground .,rod at each pole shall be located approximately three (3) feet from the pole in undisturbed earth and shall be 5/8 inch by 8 foot copperweld ground rod buried a minimum of 12 inches below final grade. This ground rod shall be connected to a #6 bare copper grounding electrode conductor and shall be connected to the pole base. B. Luminaire Equipment Ground - Each luminaire pole shall have luminaire equipment ground from equipment ground bar in the branch circuit safety disconnect switch up pole and connect to luminaire equipment ground wire (green wire) and shall not be less than 20 ampere rated. Equipment ground wire shall run up pole in the branch circuit. 7.3 Lighting Protection A. Steel poles shall have handhold access hole at the bottom of the pole and be provided with a grounding lug. #6 bare copper ground wire shall extend from the ground rod to the grounding lug located in the handhole. A separate PVC raceway shall be provided when required. 8. Trenching A. Trenching depth and width shall be adequate to install direct burial conduit with a minimum cover of 24". Trenches shall be backfilled with excavated soil and compacted to approximately the same density of surrounding soil to eliminate settlement. Backfill may be accomplished by tamping or water jetting and flooding until full settlement has been reached. Special attention shall be taken at all locations where 90 degree rigid galvanized steel conduit extends into trench. Backfill beneath elbow shall be tamped to approximately the same density of surrounding soil to eliminate shearing action conductors. END OF SECTION NOTICE OF ACCEPTANCE (This page left blank intentionally) 0— NOTICE OF ACCEPTANCE TO: _ Name of Bidder Address of Bidder City and State of Bidder The City of Lubbock, having considered the proposals submitted and opened on the day of 19 , for work to be done and materials to be furnished in and �— for: as set forth in detail in the Specifications, Plans and Contract Documents for such work for the City of Lubbock; it appearing that your proposal is fair, equitable and to the best interest of said City, please take notice that said proposal was accepted by the City Council of the City of Lubbock, Texas, on the day of , 19 , at the bid price contained therein, subject to the execution of and furnishing of'all Contract Documents, bonds, certificates of insurance and all other documents specified and required to be executed and furnished under the Contract Documents. It will be necessary for you to execute and furnish to the City of Lubbock all such documents within ten (10) days from your receipt of this Notice. The five (SA) percent bid security submitted with your proposal will be returned upon the execution of such Contract Documents and bonds within the above specified ten (10) day period. In the event you should fail to execute and furnish such Contract Documents and bonds within the time limit specified said bid security will be retained by the City of Lubbock. CITY OF LUBBOCK Owner's Representative (This page left blank intentionally) Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR.