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HomeMy WebLinkAboutResolution - 2114 - Contract - Kerr Construction - Brick Paving, Broadway From AVE U To Ave U - 08/08/1985JWF:js RESOLUTION Resolution #2114 August 8, 1985 Agenda Item #45 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of said City a Contract to be entered into by and between said City and Kerr Construction Company, Inc. for Broadway brick paving construction from that portion of Broadway which lies between Avenue T and Avenue U in the City of Lubbock, Lubbock County, Texas, 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 8th ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: day of August , 1985. ALAN WgFff, MAY R arry Hgfm n, Dir cto, f Transportation APPROVED AS TO FORM: ,0, Z�� "1514 P vi""' J. Wdrth Fullingim, Asst. Ci IAttorney CITY OF LUBBOCK SPECIFICATIONS AND CONTRACT DOCUMENTS FOR BROADWAY BRICK RENOVATION FROM AVENUE "T`70 AVENUE "U" JOBS BILL FENDING 068522 Alan Henry, MAY0R City of Cam? 7=Rlanxe) ;Progreu TEXA, %9 �F pT Tp qRe T R'�Ti CITY OF LUBBOCK SPECIFICATIONS AND CONTRACT DOCUMENTS FOR BROADWAY BRICK RENOVATION FROM AVENUE "T" TO AVENUE "U" JOBS BILL FUNDING_068522 Alan Henry, Mayor City Council Bob Nash Joan Baker T.J. Patterson George W. Carpenter Jack Brown Maggie Trejo Larry Cunningham, City Manager Jim Bertram, Assistant City Manager for Development Services Larry Hoffman, Director of Transportation DEVELOPMENT SERVICES DEPARTMENT I 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 $259000) 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. SPECIFICATIONS 13. SPECIAL CONDITIONS 14. NOTICE OF ACCEPTANCE A r NOTICE TO BIDDERS NOTICE TO BIDDERS COWO 068522 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CITY OF LUBBOCK BID #8642 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 10:30 A.M., on the 25th. day of July, 1985, to furnish all labor and materials and perform all work for the construction of the following project: Jobs Bill Funding 068522. Construction of 1395 S.Y. of paving brick in Broadway esplanade including removal and hauling of existing paving and caliche base. City will furnish brick at a location 16 miles from construction site. Bids must include loading,hauling, and unloading of brick. .Y 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 Bacon— Davis 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 L.D. Sherman,at City Hall,Lubbock, Texas. CITY OF LUBBOCK, TEXAS BYA*-..G e C.P.M. Purchasing Manager INFORMATION FOR BIDDERS 1. Receipt and Opening of Bids The City of Lubbock (herein called the "Owner"), invites bids on the form attached hereto, all blanks of which must be appropriately filled in. Bids will be received by the Owner at the office of Gene Eads, Manager of Purchasing, until 10:30 o'clock A.M.,Ax, ST/DST July 25th , 198_, and then at said office publicly opened and read aloud. The envelopes containing the bids must be sealed, addressed to Gene Eads, Manager of Purchasing, at 1625 13th Street, Lubbock, Texas, and desig- nated as Bid for Broadway Brick Renovation from Ave T to Ave. U The Owner may consider as informal any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within thirty (30) days after the actual date of the opening thereof. 2. Preparation of Bid Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his address and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in the bid form. 3. Subcontracts The bidder is specifically advised that any person, firm or other party to whom the bidder proposes to award a subcon- tract under this Contract must be acceptable to the Owner after verification by the Community Development Department of the City of Lubbock. The bidder should submit to the Owner a list of proposed subcontractors which consists of each subcontractor's legal name and business address. Although there is no requirement that this list be submitted with a bid, the Owner requests that such list be attached to said bid so that appropriate action can be taken to prevent subsequent delay in subcon- tract awards. 4. Telegraphic Modification Any bidder may modify his bid by telegraphic communication at any time prior to the scheduled closing time for receipt 1. 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. The successful bidder, upon his failure or refusal to execute and deliver the Contract, certificate of insurance and bonds required within ten (10) days after he has received notice of the acceptance of his bid, shall forfeit to the Owner the security deposited with his bid. 7. Time of Completion and Liquidated Damages Bidder 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 84 days there- after. Bidder must agree also to pay as liquidated damages the sum of $ 100.00 for each consecutive calendar day thereafter in which. the project is not fully completed. B. Conditions of Work Each bidder must inform himself fully of the conditions relating to the construction of the project and the employ- ment 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, specifica- tions or other pre-bid documents will be made to any bidder orally. Every request for such interpretation should be in writing and addressed to Larry Hoffman -Director of Transportation at City of Lubbock, P.O. Box 2000, Lubbock, Texas. 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 ids:Any and all such interpretations and any supplemental instructions 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 relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract.Documents. 10. Performance Bond and Payment Bond (Contract in Excess of $25,000) The successful bidder shall be required to furnish a performance bond and payment bond in accordance with Article 5160, Vernon's Annotated Civil Statutes, in the amount of 100% of the total Contract price, in the event said Contract price exceeds $25,000.00. If the Contract price does not exceed $25,000.00, the statutory bonds will not be required. All bonds, if required, shall be submitted on 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. 11. Power of Attorney Attorneys -in -fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. 12. Notice of Special Conditions Attention is particularly called to those parts of the Contract Documents and specifications which deal with the following: (a) Inspection and testing of materials. (b) Insurance requirements. (c) Wage rates. 13. Laws and Regulations The bidder's attention is directed to the fact that all applicable State laws, municipal ordinances and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the Contract throughout, and they will be deemed to be included in the Contract the same as though herein written out in full. 14. Obligation of Bidder At the time of the opening of bids, each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the plans and Contract Documents as defined in the General Conditions. The failure or omission of any bidder to examine any form, instrument or document shall in no way relieve any bidder from any obligation in respect of his bid. If Plans and Specifications are too bulky or cumbersome to be physically bound to the Contract Documents, they are to be considered incorporated by reference into the aforemen- tioned Contract Documents. 15. Texas State Sales Tax This Contract is issued by an organization which qualifies for exemption pursuant to the provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 16. Materials and Workmanship The intent of these Contract Documents is that only mate- rials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the construction site will not relieve the Contractor of full responsibility for complying with this provision. The specifications for materials and methods set forth in the Contract Documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project. 17. Protection of the Work The Contractor shall be responsible For the care, preser- vation, conservation and protection of all materials, supplies, machinery, equipment, tools, apparatus, acces- sories, facilities and all means of construction, and any and all parts of the work, whether the Contractor has been paid, partially paid or not paid for such work, until the date the City issues its certificate of completion to the 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 or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. BID PROPOSAL - BID FOR UNIT PRICE BID PROPOSAL BID FOR UNIT PRICE PLACE City Hall - 1625 13th. St. DATE July 25, 1985 PR03ECT NO. 068522 Proposal of Kerr Construction Company, Inc. (hereinafter called "Bidder") To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called. "Owner") Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of Broadway Brick Renovaticn from Avenue "T" to Avenue "U" having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related Contract Documents and the site of the proposed -work, and being familiar with all of the conditions surrounding the construction of the proposed project, including the availability of materials and labor, hereby proposes to furnish all labor, materials and supplies and to construct the project in accordance with the plans, specifications and Contract Documents, within the time set forth therein and at the prices stated in Exhibit "A". The Bidder binds himself on acceptance of his proposal to execute a Contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated in Exhibit "A" of this proposal. Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 84 consecutive calendar days thereafter, as stipulated in the specifications and other Contract Documents. Bidder hereby further agrees to pay to Owner as ligVidated damages the sum of $ 100.00 for each consecutive calendar day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the General Conditions of the Contract Documents. Bidder.understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and Contract Documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid, as provided in the Contract Documents. Enclosed with this proposal is a Cashier's Check or Certi- fied Check for Dollars, ($ or a Proposal Bond in the sum of �% of Bid 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 bond shall be returned to the undersigned upon demand. Bidder understands and executed by Bidder shall be Documents made available to with the Notice to Bidders. agrees that the Contract to be bound and include all Contract him for his inspection in accordance Kerr Constructinn Contracto BY: P.O. Box 888, Lubbock, TX 79408 (Se -al -if Bidder is a Corporation) ATT S e ary E,UIBIT A, PAGE 1 BID PROPOSAL BID FOR UNIT PRICE CONTRACTS Item Quantity Total No. & Unit Description of Item and Unit Prices Amount L I 1395 S.Y. Construction of paving brick in Broadway esplanade from Avenue "T" to Avenue "U". City will furnish brick. Bid will in- clude approved barricading and traffic control, removal of existing asphalt and caliche and hauling and dumping at location on (Municipal Drive as designated by the City Engineer, compacted subgrade, sawing and removal of concrete headers, construction of 4" thick, 3000 psi/7 day 5% air entrained concrete with 6 x 6 - 10/10 wire mesh, 1-1/2" thick sand cushion, construction of paving brick including, loading, hauling, and un- loading of brick from location shown on the plans, laying, rolling, hot tar filler applied between bricks, removal of surplus tar filler from surface of brick and final clean up. Complete in place per square yard, as directed by the Engineer: DOLLARS ($ 49,5D } CEINTS 44,640 Brick The brick, furnished by the City of Lubbock are used and contain more than one size of brick, They are located approximately 1/4 mile northwest of the Lubbock International Airport Control Tower and have been dumped on the ground in a pile of rubble with dirt and weeds. The brick cleaning will require that they be reclaimed from the rubble; all distorted, chipped, broken, or cracked brick be separ- ated from the good, whole, solid, brick and the good sound brick be cleaned of all tar, asphalt, dirt, and/or mortar to the surface of the brick, then graded, sorted as to size, and stacked on pallets and counted. Pallets will be provided by the City. 69,052. 5_ E)MIBIT A, PAGE 2 BID PROPOSAL BID FOR UNIT PRICE CONTRACTS Item Quantity No. & Unit Description of Iteu and Unit Prices 2 Contd. 44,640 Brick _ No DOLLARS ($_ �, ) Thirty -Pane CENTS/BRICK Per brick cleaned as described above. TOTAL BID YOU ARE REMINDED TO GIVE PARTICULAR ATTENTION TO THE LAST 71vJ0 PAGES OF THE WHIITE SECTION. THE 1983 EMERGENCY JOBS BILL PROGRAP1 EMPLOYMENT UTILIZATION TABLE !MUST BE COMPLETED TO ENABLE THE CITY COUiCIL TO CONSIDER YOUR BID. Total Amount $ 17,409.60 86,462.10 PAYMENT BOND PAYMENT BOND (Applicable on all contracts in excess of $25,000) (To be used in Texas under Y.A.C.S. Art. 5160) THE STATE OF Texas COUNTY OF Lubbock KNOW ALL MEN BY THESE PRESENTS: That we (1 ) Kerr Construction Company (2) A Corporation of Lubbock, Texas , hereinafter called Principal, and 3 St. Paul Fire and Marine Insurance CQmgany of St. Paul State of Minnesota , hereinafter called the Surety, are held firmly bound unto 4 City of Lubbock of Lubbock. Texas , hereinafter called Owner, and unto all persons, firms and corporations who may furnish mate- rials for, or perform labor upon the building or improvements hereinafter referred to in the penal sum of -Eighty-six Thousand, Four Hundred Sixty-two & 10/100($86,462.10 ) Dollars in lawful money of the United States, to be paid in 5 Lubbock County, Texas for the payment of which sum will 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) City of Lubbock dated the dth day of August , 19 5 , a copy of which is hereto attached and make a part hereof, for the construc- tion of: Paving brick in Broadway esplanade from Avenue "T" to Avenue "U" NOW THEREFORE, the condition of this obligation is such that, if the Principal shall promptly make payment to all claimants, as defined in Article 5160 Revised Civil Statutes of Texas, 1925, as amended by House Bill 344, Acts 56th Legislature, Regular Session, 1959, effective April 27, 1959, and as further amended by Acts 1969, 61st Legislature, p. 1390, ch. 422, Sec. 1, effective June 2, 1969, supplying labor and materials in the prosecution of the work provided for in said Contract, then this obligation shall be null and void; otherwise, it shall remain in full force and effect. This bond is made and entered into solely for the protection of all claimants supplying labor and materials in the prosecution of the work provided for in said Contract, and all such claimants shall have a direct right of action under the bond as provided in Article 5160, Revised Civil Statutes of Texas, 1925, as amended by House Bill 344, Acts 56th Legislature, Regular Session, 1959, and as further amended by Acts 1969, 61st Legislature, p. 1390, ch. 422, Sec. 1, effective June 2, 1969. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Lubbock 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 unsatisfied. IN WITNESS WHEREOF, this instrument is executed in six counte arts, each one of which shall be deemed an original, this the �Fh day of August ? 19 85 i�-�71�� vd. Principal S BY: l rin-cipal Secre ary (SEAL) — Address Witness as to Principal Address Surety Secretary (SEAL) Witness as to Surety Address St. Paul Fire and Marine Insurance Company Surety BY. P. O.Box 1042 8 _Lubbock, Texas 79408 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 mus t.not be prior to date of Contract. (1) Correct name of Contractor (3) Correct name of Surety (2) A Corporation, a Partner- (4) Correct name of Owner ship or an Individual, as (5) County and State the case my be (6) Owner PERFORMANCE BOND 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 Texas COUNTY OF Lubbock KNOW ALL MEN BY THESE PRESENTS: That we (1 ) Kerr Construction Company , ( 2 ) A Corporation of Lubbock, Texas , hereinafter called Principal, and 3 St. Paul Fire & Marine Insurance Company of St. Paul State of Minnesota , hereinafter called the Surety, are held firmly bound unto 4 City of Lubbock, Texas of Lubbock, Texas , hereinafter called Owner, in the penal sum of -Eighty-six Thousand, Four Hundred Sixty-two & 10/100$86,462.10 ) Dollars in lawful money of the United States, to be paid in(5) Lubbock County, Texas 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 be these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain Contract with (6) City of Lubbock dated the 8th day of August , 19 , a copy of' which is hereto attached and made a a part hereof, for the construction of: Paving brick in Broadway esplanade from Avenue"T" to Avenue "U" (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 (2) A Corporation, a`Partner- ship or an Individual, as the case may be (3) Correct name of Surety (4) Correct name of Owner (5) County and State (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 Lubbock 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 it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument is executed in six counterparts, each one of which shall be deemed and original, this the 8th day of August , 19.j5_. Principal TT ST.' BY: ncipal ecretary ax &9" ja;" /x %"v Address (Seal) Witness as to Principal Address ATTEST: Surety Secretary (Seal) Witness as to Surety Address St. Paul Fire and Marind Insurance Company Surety BY: 544�-'� P.' . Box _10428, Lubbock, Texas 79408 Address NOTE: If Contractor is Partnership, all partners should execute bond. ilf�lill�tdf�tt#lia3����#�����rtta�(����tltr`t�4t(��tttt��!'g'��d#d�i(�tld�d��(tfrr%?�S1Xittrr��€ttT�tl#�t(1r;tf(1,` °' rl St'PAVE IRE AN' MARINE INSURANCE COMPANY cERTIFi°°LATE of 118muf � (,tl#€;ti€a1{i[t:lf((J ° ; tic €f.ttt cti. tit:l6y£s,fs ifs u ; r;.£t#riJri,t: €t:€taro.€ , ...,<.. t r , ..,:tie§,s=> P �v&tiabai'y B7 g{g 9 p 7 #3 W}aps�img on treet, St. l au, innesota 5102 RUTH©RITYNO. is €,;l su a ce#Ia!#69 tJtt£€F#XttfdXtl id tJ # ids i i d ale SBti:"t $'t Ij' q rs.a X' 'ttS) 'til t6 xrzlqt.21:st .s 'ti;. _ Pl it �r.: ll l(11 1 a� yd" `) #`i lly `; Por yeti fication _of the authentic€ty of this Power of Attorney, you may telephone toll free 800 328 2189 and ask for ®3 g Piltl'tllllttei the PovWer of`Attorney Clerk. Please refer to the Certificate of Authority No 'and the named mdrvidual(s). tX' d}] }} fjJ {pjpjid S j}'jga jgi` ; $ttij e3g) ipldy 6 /;j!` g'; t y1' pgd l:z,l frgp5'Fr€3s p'3 i XtJ?'1'r°'t/t $,ft# j{r ;sal },€.tp J 0i9'Jt !fJ :r.<i fi1i'l'ti{f j ,ij',°is ad €k��j tSXt±°P£P�{Yi3#t3.#4X4£ {lsfkt 8F� k &�2c S�d �s f{ 3�d �..l �Yt, 1N$£q?ft .C: liilitJllt1r`lfX''v'RA`� po o AroR� Cxr�n co (Original ori`hile at Io'm� Office of Company."See'Certification.) &lit,iiiij.1.a#1F?8#3i.tif? Tl AILI IEty Bt1E PEiVTS: hat Sit 'Paul ire an larme Insurance ompany_ a corporation organized and existing under the laws of the State of Minnesota,`havirig,ifs'pritcipaloffice in the City of t'. Paul, Minnesota does hereby constitute and appoint: +s e ( }, itf lit l$it##ag€ttilx[6 Y98!#jfftE#9i{:it E#til h €'f Hiles(ii{l 8 ad#X 4 tit i$f, F4°(i. § e6i 3 tie, a-:: § t(""'Md 141 t,?,:;. a t.=as.v t4 x i3:. daFtf ;3f =f .�:.., •t° i 'ii t:i ,3 #: �fi �:t)@ .} i :: s+lr' � d' , a f r`' t d i : ,r p r f 1, !f f l`l# t hffi Y,fi ,, t; lJ, , !t° 'al yil, tc} ',ri°ip f It f,.a6 #[I X f( XBd £5� 9#dif t.d t tr l4fd 1t€ t(a AIN €,lit#?Al da8fl tafiflilti-f��thPfl,11E1§fi" I e�ittia ;gdtt�tasn€�<fisd �t ��dEta;t��ft,�?. lffltil 1111#i„Jofhn€.rV' t SthroFpshi°red, Joh.n..,V,., .Shropshire, Jr. , Virginia $mith`9 in'ividua,l,l`y, Lubbock, Texas ; {..ii��4,(t�(��i((dtf{dac)tild3((dttftfit�$(tiii(�ii4d'#9{Idat§dalat+t;€t9i•:s{ t[`ii{ast,t . .a' -.:#.< +'a ,{.� +:Il .t 'i',i € ,_+.; "3t .F - i*pa it i it J =5, ¢c#.f Xi' { `.S %;i 'I-' XfF#' 11' t i P i1!j11i111ii�i)Ctii �lllin tlilt l lJllil�lll i l ir11m) win, hi,,!!lXi1, intifil 1wi i,lala6lui 1tn ' lXl:l? !r''tl°f)fl:t r„ts`,ff?ifli tfi<tt!ltllitilsa,lhilh its fru( h lawfu attorney(s5-in-fact to,e tecu{,e,seal and de Iver for and on its �ehal`f as surety, any and a l bonds andiundertahings, recogmzances;'contracts of in'demnitandf other'writings`obhgatory m the nature thereof, which are or may be allowed, required or permitfed'by law, sfatute;'rul`e, regulation; contractor otherWs lse'. 9i; s4a49#f#4titf z:t;x¢t €tt t i'[t(o-ilt It ::@S tCit€Sri§ Se saes t a ,4..t 3 ,.t a +xtsae s t,S, .a, t ,=,s§s�> ,t,f:;..i ss - x s ot. gpl. .�ipF (j}j�=(7)}$yF. 5'6 it i iii7i 1 # l ItP,4 i 4 'ik St44 t€itill�f 4iil..%.iSl (tilt S.. i l itS 4i ii4 i f%t l Si M.” t1',{t51 aav tttr !�jJ ll leis $r i)fcl)ittit il't€i)tl( tlPt (silt({ t4r, �# toil, fit i f {#ia_ , ;rill r, eit i ffff }, p t{[ t{t t{9{) ppg((('iTO `Dp { N AL SUM” OF `: `I �'Y` MI Mow tdfFBl i ii €i!! QQ{Ca"AXfly if a"i t.JOtt Ei (i113/1j�1.#a t3 :1nF /�: qs�Ft#{ti}iittlits ittiiiiXiiE{tdff # t{ :Jtdaf{{#M i it tttvX{f FitE 'z{{! 8 1 f � , V V � � ;��Ctltsl§i. ti i;ft °d lilr ffal# i,tr€fX p stir rllaerFtt:egtrt6}d t dirr„«,e lttTti`:i: ttr.tlfafX#iXti111'6#}11t.It1, ,..<.t...x.t,r)){l:e X e.t.e £ls,..,a aaS,,,a,,<da7xt.tiFtd tst izd€ft7P 3 an, the #, tioz df all such instrumen�t(s) m ptiYsiiianc of Hese presents, s ail be as binding upon sat t. Pau�`Fire anc� 1�Iarme Insurance Company, as f(ul#ty apdtampl{y, to at intents an'dpiirpo'ses °'as if the same h`ad been duly executed and acKnowledged by its regularly elected officers'at its principal office. :{f1t€€F z t `i 3Sat tit § r . ttr F}„i$18 ¢i§1 ?itis it ti 3i eaY i. t; Isixtt!!I, ,.i 3(.sf �. rsi tit ale e ai.x.a i l: £tl1 :t This Dower ofpAttorney is exectuted and may be certified to an may tie revoked, pursuant to and°bY authority of Artiele V - ``Se=ction 6(C), of the ley -saws adopted, iiy`tl 'e Board of 'h`ector's of ST CAUL FIRE AlyD MA>RNE' INS'U'RANCE COMPANY at a meeting called and held on the 23rd day of January, 1970, of;whichthe followingisatr`ue`transCrf tof`saidSection'�(Ci 'l f=tris l!f1t11,!lifi,it ,,,lft';g f;lliff,n't"tiflalilte gliatplt#°ili(e tt siilZit(Et'1(lttii €€((lilt(((- pf ,`�_@t_ li"ll;illl 11i.3fliI)si)...`ili3i{t{.'f6194 l•i}� ?)! Pfa3. '!111.P;i#i .75., `"1 } V VF Jf air Jf2t`7J . f i - ;l=f,l fttffadi rY t$lltl e rest ent ora ice Presi ent, ssistant ice rest ent, Secretary or Resi ent creta 'shalti have power andtauthority } t it o -o- appoinr vrrorneys-m-rocs, and io °Xtli#1 ilxf[(tditbonds and'underfakings, recogniiaiic'e t "i I i !1 )1 + (2) Tori[t€section ,appoint specs Attorneys -in -fact, Attorneys - fact,` ,tl.li( (�.11t and/or any oftfie'By-Lawso'f }¢E ji ¢$r F`/[/jQ t{}J (3) To `remove;'at any time any such Attc is#.fi#llti`1 Yt (Rt,:.,,:. a._. ,,,,, ..s ... ..... ...:........ .:ea.,,. 'P000dnd `ealed4bv FfaFiirther,'thiswerfPttrneVissienea �tedtaFlfltiiiLi%t ow ,Mei Wil th'erefotllllby Compeany !?�;�, futiire�tt P t t�xouduo-o-itd`+rr 6 nil 6 V w, ��s til ill/ rlitit"?I/[/I!ff111tiII(1 tff f1il'(((1g11;���nu ats�trrPztmwt III IfWtitIN,U �f�d� t tit! � ,a. ,a,J Vice Presijdent Iq ssv t �` ! ,J;' } + .i..:` fr `°1': f, e. ), : h3',�� :J Iltl t' {f E7P'f 1 1 ')�'l 3t 1,71" t:£tie ill A it�iss�. f'` Ai )'!1 1iit )' l !!! 1'i ) t' i l % r`:1 l' 1)` ' it c i r1, t=It tr "Will fl1t '):.0 ,t, at i, tiirlrft 1£rlrlJ.f,t,tl.ttrcltft.it.trs.=llltCt,;,;y,:: ,:tl„1(1t,i tit i,f :ft.,S e,, t 1 jl ,S,t ,, ,, d_ ay of ,,,5 e p t lu m b 2 r 19 tS �: ,before me came the Individual who executed the preceding instrument, to me i v{n, arid, being by'me' duly sworn, said” that he%she is the therein desc'r`ibed arid( authorized officer' of St. Paul Fire and Marine insurance irt.ds' €JI)1J! �iftl;�ll �rizetthem to,execute'on behalf of the Company, and attach the. Seal of,the Company thereto; 8fr`a"c` of indeWity`and 'other writings obligatory irrihe�natur{e thereof, and are herebyto copies of any power -of attorney issued in pursuance of this au'thonzed to certify ompany and m -fact or Special Attorney m -fact and revoke the authority gi=ven him ” *.{l `.ia yl• ass Fyt3$i i'le pursuant'to resolution of the Board of Directors of said Company adopted' at a meeting'duiy )wing is a true excerpt: ` �i+f,�itta('tii((tl(t#i4`ltffrs ,,�: .`i:,'f(tittiifiita§f!€+`(igt aiii#`ltio-ii[,isti(tt(tiil t.tiitrilJ�;1?tell sea o the CoTpany may be affixed to any such power of attorney or any cerrificate relating certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the J 6y'facsimile signatures and facsimile seal shall be valid and binding upon the Company in the hitiF4ftached." "i,'oflat i=t;l fltlai('sCiE`;,Eii?dldlfl,(;.il(tff,il?{€',»i;tfi{1( f!i'!tE;{#1!111=!.11 if'+tdi4 ilpijl, P1#1{;111i'e1#lifjtt}lr6iaJ::ilii°11l)ii)±11))1C,)011fl ir'113?I1f it#tt111s)31')fi'#iisld'trf;"ggf!tr'` . rPant ire d Marine Insurance Company has cause t is instrument to Se signed and its authorized officer, this 1st day of March, A.D. 1984. r r a it t r `E t f t { lilfi(i(ff('E4t,#(I (ii •tel ?)tf(S:;fit i#=1#.!C#aa41t(1i6_€sFitiztdit.l;€(3 € Matti a(l situ It ((itXi[tX{� ti#t 1tX 1 t ! t1 `i1d!1#t?l/!!lfil111l1{iiliti#(11�!il6:ftf6}t(z}#6ltST{PAULFIREtANDMARINEINSURANCECOMPANY Bpi fl t tt ty oftlRamsey'l'iyli'l€t€tf(Iffitfflttlittilt!llrliltti 111f1?i!ii1r?iiftft`ttti!,tt"ii'I€s i(it''irfaF.,. by orde I, Only -4,66 if copies Or of ] t: i�ft(llfllti{1 ANY INSTR eWI tit# IIM 29550 Rev.' .t€fEi,iaztatti at the seal affixed`to said instrument is the Corpo'ra'te Sea of Said Company Thai the said'Corpor`a'te Seal and his/her sigria`ture'wei e duly affixed ie Board ofbirec°tors of said 'Company. €:.ii)`€p: ja':.f} !f. ,r:. f ( ,a ",r fig,}jt;a 7 / .jj.1 iii},',..'�. J€Eire{$F{R $: !,.:#ijtf#i�i 3r:#ff diF tP i:¢ Slf�ifgSRftkf Et{rix#.r-%:#tt#(Yitt{.7:t [SS,{°1.§{: E.i. tdit is;i} M I., .(i.4:ii $i Yl tist�5 #laE f: P(tif t 1i it.t. �.-,'.i �i#€?tt M ! 1( to, �;;!:#dk[4�4 �.4.. 1. li :. f i )iii, , IrT TESTIMONY WHEREOF, I have fiereuntotset my hand and affixed my`Official Seal atthe city of St Paul,'Mmnesota the day S�. Jto-and year first abo'v`e wntjten.`' `tj " 37'.-ttfii6eid:!!lflh=l)tlXlt'ttl?t`l7ilfifrttltlii:dtlll`flh�fll: tilaa/i1Ptf(l"!lfll,if,i,f{'t#f a(ffil,'fifl,'l.isrlt=+f#ft€lr7tid fti tjlti4`i(.i.etiiilx#I;fff#l3 n < [ )f pg jF tt t (tit it rift t rt`t fr}{rlltiil=(Fitts{!#i.,aal Xitiitli ti�-s dd1#1if{7.€i£ d i fji zdt i t f l`} d}=r=t }J # 0 iiiiffhil 1, lf.t f(lf a: h art js/ d! y) 1F) ) j pf 1 J }) 1 t llf(list(f li F4 #dtt{3F6 iiftit1{i{ 4�ii #.:�7C ilt fitf;4ttE#ttP it }'�E it£iiff �i t}f' f#{il2id (1M;,i�t4 f1,4 ii iNfi F� Mid oil W, Y, f;tFIVIAR'Y1Ci.`CL�iNCY'IVo`ta'ry`Pub lic`Ram`seyCounty,IvlN _o ember 'Tl ,li tiXr{ttxlitrliltftti:fttelfi€1ltllfll ,tf t ., i=1.. titId t(I{ t , f1 frl.l. y p )ter 990 sa.?:t ?'tt'. =J "i tp t ; t f.t t ) =1 5 T1� i.:.t{rfl td; tt tit l,C s ;is'{`° {(( (, if rfllli?gidri`ft ll hittp t �,#iil.tr"Mf( lie;l`f,;i (,`ltli{'tltttiti' 3l gned officer of St Paul Fire and 1�I rine Insurance Cornpauy, do_hereby certify that I havecompared the foregoing copy of the Power of Attor'ne`y and`W6 copy of'the ge' ctidon' of the'By Gwtsdof said Company as set forth in said Power'of Attorney, with the ORIGNALS ON FILE IN THE ICE been revoked MdAo-a and that the- a e effect correct transcripts thereof, and of the whole, of the said, originals, and that the said Power of . _. _ f/1 it X }l 1jjr t J{t/s)(j(# tf[(l�„{) /$ j jp �}i('e%} {ie#flppj7rs}liJ)1it3111fdtt{}t °jdlljS � j °ttp)gft p to )i,3 7 s a a �tftt iti l' i�f ii ti.t tfi§����it �A itti(ikf �i t?xY� �i �l �E �,i€�{�k�i Il#.0#iSTi§i€ ai E6t t iii( i ( X f£.S �tl4ft'yid t6.i tE�t=it E:: ,d ,: .. I have hereunto ti yba ta,,':i Seim hand this tlrtr III” lfff t tii8lthJ�ilfrs'1ir111i1Wilif't't�`�#=„��l�Y" is 110, dayof ug 19 5 Secretor (lfflllllfllltttll(((il((it%iitrlfitef> 1°stir iI5,, a r tr r .i r y F-} F3 i 4y'tt .... , ted 6613}% of Power of Attorney bearing tii Certificate of Authority No. printed in red o'n'the upporr right corner is bindirig:'Photocopies carbon er`rep16ductions'of this document are invalid and not binding upon the Company11 t t t .a t1 tli 7t #tt lllld SS i.E �If{3iP#It i�iil{ti#tikta Efx .3 k .Yk...i ..{f 4x t i1is . it £x'. t .Fr dl, UMENT'ISSUE1)'IN' EXCESS OF'THE PENALTY A1bI0UNT STATED ABOVE IS TOTALLY' VOID AND 'WITHOVT ANY VALIDITY ffidf3lFiEji?t(tt3tt?,ErY€triiPt€lir£ #ttPat� f rsettt�Ei#t( rt. �,c.f atetts 1 �f,.a.ti S.f- , �t. 3 84 (printed in U:S A- t tit d i a;' , f ( tl10-tai4l#.3tsSs{{t#iit+{i;,`1.t€itlx(i„a#i,.tigtab.c i1=.t§itt4a.S6€(#£js f§.att.t Et{,,.., 1 .i �' 4 de` ii tfl3 llstillfll}Ile`,€!3?1611t11?ttl?dlliPte11f: uwr,{tile fltiitAtltiiAh ftl 1. � t tit llilr'ra CERTIFICATE OF INSURANCE D Mid, o NAME AND ADDRESS OF AGENCY The Shropshire Agency, Inc. P. 0. Box 10428 Lubbock, Texas 79408 806-763-7311 NAME AND ADDRESS OF INSURED Kerr Construction Company P. 0. Box 888 Lubbock, Texas 79408 806-747-4543 COMPANY LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement, term or condition of any contractor other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms. exclusions and conditions of such Dolicies. COMPANIES AFFORDING COVERAGES COMETTPANY LER United States Fidelity & Guaranty Co. COMPANY LETTER U. S. Fire Insurance Company COMPANY LETTER `' Texas Employers Assn. COMPANY LETTER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES Paving Contractor Re: Paving Brick in Broadway esplanade from Avenue "T" to Avenue "U" Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail 1_ days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. ACORD 25 (1-79) NAME AND ADDRESS OF CERTIFICATE HOLDER: City of Lubbock Lubbock, Texas DATE ISSUED: August 12, 19855 AUTHORIZED REPRESE ATIVE Limits of Liabilityin Thousands ) COMPANY LETTER TYPE OF INSURANCE POLICY NUMBER POLICY EXPIRATION DATE EACH AGGREGATE OCCURRENCE GENERAL LIABILITY BODILY INJURY $ $ A ® COMPREHENSIVE FORM 100061297170 1-1-86 ® PREMISES—OPERATIONS PROPERTY DAMAGE $ $ AND COLLAPSE Eh1EXPLOSION (���j HAZARD IIUNDERGROUND HAZARD PR �-A-� j OPERATIONS HAZARD OPERATIONS (� EA-� CONTRACTUAL INSURANCE BODILY INJURY AND PROPERTY DAMAGE $ 500 $ BROAD FORM PROPERTY COMBINED DAMAGE INDEPENDENT CONTRACTORS PERSONAL INJURY $ PERSONAL INJURY AUTOMOBILE LIABILITY BODILY INJURY $ A ((�� tXI COMPREHENSIVE FORM 1 CCO61 2971 70 1-1-86 (EACH PERSON) BODILY INJURY $ (EACH ACCIDENT) OWNED HIRED PROPERTY DAMAGE $ BODILY INJURY AND ' NON -OWNED $500 PROPERTY DAMAGE COMBINED EXCESS LIABILITY BODILY INJURY AND B FXI UMBRELLA FORM 523 4084918 6-11-86 PROPERTY DAMAGE $ 5,000 $ 5,000 ❑ OTHER THAN UMBRELLA COMBINED FORM WORKERS' COMPENSATION STATUTORY C and WCA 97855 1-1-86 100 EMPLOYERS' LIABILITY $ (EACH ACCIDENT) OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES Paving Contractor Re: Paving Brick in Broadway esplanade from Avenue "T" to Avenue "U" Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail 1_ days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. ACORD 25 (1-79) NAME AND ADDRESS OF CERTIFICATE HOLDER: City of Lubbock Lubbock, Texas DATE ISSUED: August 12, 19855 AUTHORIZED REPRESE ATIVE City of Lubbock Lubbock, Texas -�7 Policy Period 8-8-85 to 8-8-86 t 12:01 A.M. standard time at the address of the Named Insured as stated hereii 7. �''Zt-.......... i `�-Sfat fidi ted tZ 7FIdelity"ifi8IGuarantI, i CD Z,--- , AL 1g,ldrin,yc �., � .. = - _:� -- „� , �- -tom- >,,,� �--�- -�--Dec ara ionS -designalin-rg coverage anClimits-ofAiabZilii, zffor e"d ; ' --- e-- -,7'.:CoVerag6 - Pa rts expressing 7:66Wra"nd �j it" rnt En8�dr`s- 6m&n-ts-, Af any THE.SHROPSHIRE AGENGY,.- INC 'P. -O -Box 10428�R 8D6 - .763-7311 LUBBOCK- TEXAS T9408 k 7 "� "Serves First YOU 74� CD Z,--- , AL 1g,ldrin,yc �., � .. = - _:� -- „� , �- -tom- >,,,� �--�- -�--Dec ara ionS -designalin-rg coverage anClimits-ofAiabZilii, zffor e"d ; ' --- e-- -,7'.:CoVerag6 - Pa rts expressing 7:66Wra"nd �j it" rnt En8�dr`s- 6m&n-ts-, Af any The stack insurance company named in the declarations (bereia called the Company), in consideration cf the payment of the premium, in reliance upon the statements in the dec- larations made a part hereof and subject to all of the terms of this policy, agrees with the Named insured as tallows: .. DEFINITIONS When used in this policy (including endorsements forming a part hereof): "automobile" means a land motor vehicle, trailer or semi -trailer designed for travel on public roads (including any machinery or apparatus attached thereto), but does not include mobile equipment; "bodily injury" means belly injury, sickness or disease sustained by any person which occurs during the policy period, including death at any time resulting therefrom; "completed operations hazard" includes bodily injury and property damage arising out of operations or reliance upon a representation or warranty made at any time with respect thereto, but on!y t the bodily injury or property damage occurs after such operations have been completed or abandoned and occurs away from premises owned by or rented to the Named Insured. "Operations" include materials, parts or equipment furnished in connection therewith. Operations shall be deemed completed at the earliest of the fol- lowing times: (1) when all operations to be performed by or on behalf of the Named Insured under the contract have been completed, (2) when all operations to be performed by or on behalf of the Named Insured at the site of the operations have been completed, or (3) when the portion of the work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Operations which may require further service or maintenance work, or correction, repair or rep!acement because of any defect or deficiency, but which are otherwise complete, sha be deemed completed. The completed operations hazard does not include bodily injury or property damage arising cut of: (a) operaticns in connection; with the transportation of property, unless the bodily injury or property damage arises out of a condition in or on a veh;,cle created by the load- ing cr un::2.-:77; thereof, (b; the existe-__ cf tools, uninstalled equipment or abandoned or unused materials, or (c) operations fcr which the classification stated in the policy or in the Company's manual specifies "including completed operations"; -`;elevator" means any hoisting or lowering device to connect floors or landings whether or not in service, and all appliances thereof including any car, platform, shaft, hoistway, stairway, runway., power equipment and machinery; but does not include an automobile servicing hoist, or a hoist without a platform outside a building if without mechanical power or if not attached to building walls, or a hod or material hoist used in alteration, construction or demolition operations, or an inclined conveyor used exclu- sively for carrying property or a dumbwaiter used exclusively for carrying property and having a compartment height not exceeding four feet; "incidental contract" means any written (1) lease of premises, (2) easement agreement, except in connection with construction or demolition operations on or adiaCent to a rail - toad, (3) undertaking to indemnify a municipality required by municipal ordinance, except in connection with work for the municipality, (4) sidetrack agreement, or (5) elevator mair.teriance agreement; "Insured" means ary person or organization qualifying as an Insured in the "Persons Insured" provision of the applicable insurance coverage. The insurance afforded applies separately to each Insured against whom claim is made or suit is brought, except with respect to the lima:^,s of the Company's liability; "mobile equipment" means a land vehicle (including any machinery or apparatus attached trerto), whether er not self-propelled, (1) not subject to motor vehicle regstratjon, or (2) maintained for use exclusively on premises owned by or rented to the Named Insured, including the ways immediately adjoining, or (3) designed for use principally off public road_, or (4) designed or maintained for the sole purpose of affording mobility to equip- ment of the fellowirg types forming an integral par', of or permanently attached to such vehicle: power cranes, shovels, loaders, diggers and drills; concrete mixers (other than the 7 -nix -;n -transit t;;e); graders, scrapers, rollers and other road construction or repair eq�:pment; air -compressors, pumps and generators, including spraying, welding and build- ing cleaning equipment; and geophysical exploration and well servicing equipment; "Named insured" means the person or organization named in Item 1. of the declarations of this policy; "Named Insured's products" means goods or products manufactured, sold, -handled or distributed by the Named Insured or by others trading under his name, including any container' thereof (other than a vehicle), but "Named Insured's products" shall not include a vending machine or any property other than such container, rented to or located for use of ('hers but not sold; "occurrence" means an accident, including continuous or repeated exposure to condi- tio^s, which results in bodily injury or property damage neither expected nor intended from the standpoint cf the Insured; "policy territory" means: (1) the United States of America, its territories or possessions, or Canada, or (2) international wavers or air space, provided the bodily injury or property damage does nct occur in the course of travel or transportation to or from any other country, state or ration, cr (3) anywhere in the world with respect to damages because of bodily injury or property damage arising out of a product which was sold for use or consumption within the territory descrited in paragraph (1) above, provided the original suit for such dam- ages is brought, e,ithin such territory; "products hazard" rciudes bodily injury and property damage arising out of the Named Insured's products or reliance upon a representation or warranty made at any time with respect thereto, but only if the bodily injury or property damage occurs away from prem- ises owned by or rented to the Named Insured and after physical possession of such products has been relinquished to others; "property damage" rr.eans: (1) physical injury to or destruction of tangible property which, occurs during the policy period, inciuding the loss of Use thereof at any time resulting therefrom, or (2) loss of use of tangible property which has not been physically injured or destroyed provided such lass of use is caused by an occurrence during the policy period. UNITED STATi ES.FIDELITxY AND G 1.. AR ARTY COMPANY srdQ��NlO/C, �/Y7lJfN/LI[7kL OWNERS' AND CgNTRACTORS' PROTECTIVE LIABILITY INSURANCE COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR DECLARATIONS Iter 1. NAMED INSURED and Address (No. & Street, City, County, State, Zip Code) Policy Number 3C 0 3 8 0 5 2 7 8 4 7 Renews New City of Lubbock Lubbock, Texas L Item 2. Policy Period From 8-8-85 to 8-8-86 12:01 A.M. standard time at the address of the Named Insured as stated herein The Named Insured is: ❑ individual p Partnership F Corporation Other (specify) Business of Named Insured City Agent or Broker and Address The Shropshire Agency, Inc. P. 0. Box 10428 Lubbock, Texas 75408 Item 3. The insurance afforded is only with respect to such of the following Coverages as are indicated by speufic premium charge or charges. The limit of the Company's iiabif it), against each such Coverage shall be as stated herein, subject to all the terms of this policy having reference thereto. COVERAGES LIMITS OF LIABILITY ADVANCE PREMIUMS A. Bodi,ly Iniury Liability$ 500 000 each occurrence 50.00 B. Property Damage liability $ 1 �� 000 each occurrence 1 99 , 000 aggregate S { i,uc,t Period: Annual, unless otherwise designated below. ,Q,Ot Semi-annually p Quarterly O Monthly Total Advance Premium S, If the policy Ericd is more than one year and the remium is to be aid in installments, remium installments are ble as fo!iows: r� D p P P Pa)�z� Effective Date S 1st Anniversary $ 2nd Anniversary S Description of Hazards (Subline 315) Code No. Rates Advance Premiums The rating classifications below do not modify the exclusions or other terms o` this insurance. Premium Basis Bodily I Property lajury j Damage Bodily Injury Property Damage ' Cost Per $100 of Cost Construction Operations - Owner 16292 $86,462.10 .047 .02 50.00 min $50.00 mi Increased Limits Basic Charge (Subline 3251 99901 Endorsement Nos. G525 Total Advance Premiums 50.00 550.00 V" KVcI NII VI VUIILI 61.IVI: Kerr Construction Company Mailing Address: P. 0. Box 888, Lubbock, Texas 79408 Location of Covered Operations: CDWO068522, Lubbock, Texas n Check here if the following provision is applicable: The person or organization designated above as the Contractor has undertaken to pay the premium for this policy and shall be entitled to receive any return premiums, if any, which may become payable under the terms of this policy. rSEE REVERSE SIDE FOR COVERAGE PROVISIONS) 8-12-85 ms H SHROPSHI E AGENCY, INC. Countersigned by A��thcrized Peoresentat� G C -atry 38 (11.82) CC I COG _ A -40Z MY in` it LUEM QVIens cC� IF' ADDI W AL HnN NS (Attack Declarations, Coverage Parts and Endorsements kere.) SUPPLEMENTARY PAYMENTS The Company will pay, in addition to the applicable limit of liabiyty: Expenses incurred by the Company, all costs taxed against the Insured in any suit defended by the Company and all interest on the entire amount of any judg- ,mert therein which accrues after entry of the judgment and before the Company has paid or tendered or deposited in court that part of the judgment which does no, exceed the limit of the Company's Viability thereon; (t) premiums On appeal bonds required in any such suit, premiums on bonds to release attachments in any such suit for an amount not in excess of the applicable limit of liability of this psi"cy, and the cost of bail bonds required of the Insured because of accident or traffic law vi0!il or, arising cut of the use of any vehicle to which this policy apples, nc: t, excEed ;2K per bail bond, but the Company shall have no obligation to apply ':r or f -sh any such bonds; (c) expenses incurred e the Insured for first aid to others at the time of an accident. ;'or bodily injury t; khich tr:ls policy 2pplies; (d) reasonable exper.s- incu=red by the Insured at the Company's request in assisting the Company in invESt g2ti0n or defense of any claim or se;t including actual loss of earnings sac: to exceed S25 per day. CONDITIONS 1. Premium All premiums for this policy shall be on, in accordance with ihE Company's rules, rates, rating plans, premiums and minimum premiums applicable to the lnsurancE afforded herein. Premium designated in this policy as "advance premium" is a deposit premium only, which shall be credited to the amount of the earned premium due at the end of the policy period. 'At the close of each period (or part thereof terminating with the end of the policy period) designated in the declarations as the audit period the earned premium shall be computed for such period and, upon notice thereof to the Named insured, shall become due and payable. If the total earned premium for the policy period is less than the premium previously paid, the Company shall return to the Named Insured the unearned portion paid by the Named Insured. The Named Insured shall, maintain records of such information as is necessary for pre- m ium re•mium cc^potation, and shall send copies of such records to the Company at the end of the pcilcy period and at such times during the policy period as the Company may direct. 1. Inspection and Audit The Company shall be DUrnitled but not obligated to inspect the Named Insured's property and operations at any 'time. Neither the Company's right to make inspections nor the making thereof nor any report thereon shall constitute ar. undertaking, on behalf of or for the benefit of the Named Insured or OlherS, l,o dEtermme or warrant that such prGperty or operations are Safe or he2llhfu!, Or are In compliance with any law, rule Or regulation. the Co-'pary may examine and audit the Named Insured's books and records at any time during the policy period and extensions thereof and within three years after the final te^:in2tion of this policy, 2s far as they relate to the subject mater of this insurance. s. Financial Responsibility laws When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, such insurance as is afforded by this policy for bodily injury liability or for property damage Lability shall comply with the provisions of such law to the extent .of the coverage and limits of liability required by such law. The Insured agrees to reimburse the Company for any payment made by the Company which it would not have been obligated to make under the terms of this policy excEpt for the agreement contained in this paragraph. 4. Insured's Duties in the Event of Occurrence, Claim or Suit ,2) in the evert of an occurrence, written notice containing particulars sufficient to identify the Insured and also reasonably obtainable information with respect to the time, place and circumstances thereof, and the names and addresses of the injured and of available witnesses, shall be given by or for the Insured to the Company or any of its authorized agents as soon as practicable. (b) It claim is made or suit is brought against the Insured, the insured shall immedi- ately forward to the Company every demand, notice, summons or other process received by him or his representative. (c) The Insured shall cooperate with the Company and, upon the Company's request, assist in making settlements, in the conduct ci suits and in enforcing 2nv right of contribution or indemnity against any person or organiz2tion who may be liable to the Insured because of injury or damage with respect to which insurance is afforded under this policy; and the Insured shall attend hearings and trials and assist in securirg and giving evidence. and obtaining the attendance of witnesses. The Insured shall not, except at his own cost, voluntarily make any payment, assume any oblig2- ton or incur any expense other than for first aid to others at the time of accident. 5. Action Against Company NO action shall lie against the Company unless, as a con- dition precedent thereto, there shall have been full com• -c p1c. E K't': 211 O_ r the terms ,.f this policy, nor ,.,.til thE amount of the fnSured'S c:,Ggit:F,- t:; pay sgall have been firmly determined Either by judgment 8g2`„ , Insured ater actual trial or by written agreement of the Insured, the claimant ind 'the Company., �A-.y pErSon or Orga izalicn or the legal representative thereof who has secured such v thereafter be erut ed lo 'ecover under this ,y °: tlrle Of ins j.,ance 2 f Ced by this policy. `io P_, Sonsal. _1 Gf�°hall lira ht untE '%s poi Cy to Jcln the CcT�2ny as 2 pari;sa to any acts a,,crSL 1 t E Insured ,., -E;Er ::rE tra Insureds i e5 . t, nor sn2i! fhe Ccrpany be _lec,:et c p; y C ,.,-., ��'Cy the Insured C; 6. Other Insurance '.e insurance afforded by this policy is primary msur2nee, except en st2ted tc apply in excess of or contingent upon the absence of cfhEr insurance. Vi -r, t%;s i.Sur2nce IS primary' and the Insured h2S other insurance w`, :h is stated to b: applicable to the loss On an excess or contingent basis, the ar-_.'nt of the Co7par, s liaoilit; under this policy shall not be reduced by the existence of such other insuranc.. W:^,En both this 'nsurE--e and ether insurance apply to the loss on the same basis, wh her primary, excess or contingent, the Company shall not be liable under this policy for 2 greater proport of Ili!- loss than that stated in the applicable contribution pr-isicn below: (a; Contribution by Ec.ual Shares. If 211 of such other valid and collectible insurance provides for cone :uticn by equal shares, the Company shall not be liable for a greater prop -;tic- -f su,h Icss 'than would be p2yaDie if each Insurer contrib,,tes an £qual share u". the shoe, of each insurer equals the lowest applicable limit of liability under any ::e policy or the full amount of t're loss is paid, and with respect C any aTO nt Of :SS not S: paid the remaining insurers then continue to Contribute Eq -al shares c E re :airing 27,-�ount of the loss urli! each such insurer has paid ;IS limit in 1u1, Or . s full a77IC.nl Of the loss is paid. Contribution by Lirits. if ar,y cf such other insurance does not provide for con- b'utior by cua' `,ares, ' Company shall net be liable for a greater proportion such. IOSs�Ih2' :he 2ppi:cable limit of liability under this policy 10, such loss Gears to InE ;Ota 2ppl:Cao:- limit Of liability of all valid and collectible insurance against such loss. 7. Subrogation In 1- event cf 2ry payment under this policy, the Company Shall be hE Insured's rights c; recovery therefor against 2nv perSJn or organ:_2t;or. _.d Ther Insured shall execute and deliver Instruments and papers an. do whatever else s necessary to secure such rights. The Insured shag do nothing of Er loss to prejudice s_ch rights. 8. Changes Notice :: any 2gent or knowledge possessed by any agent or by any other person not elect a waiver or a change in any par! Of this policy Or Est,p the Cor..:_ --J cm iissEr',ing, any rightu nder the terms of this policy; nor shall the ._ . Ci ;5 p Ka ._ df Ch%ngedexcept by endorsement issued to form z ._ , cf iiia pc. Cy -nee 2n auth,rized represerlative of the Company. 9. Assignment rsr, --lent of intErest under this policy shall not bind the Company sill a consE.t is endorsed hereon; if, however, the Named Insured glia die, such insura•:E as is afforded by this policy shall apply (i) to the Named Insured's legal represe":ative, as the Named Insured, but only while acting within the sccce of his duties as Such, 2nc (2) with respect to the property of the Named Insured, to th:e person having -.—,per tes.por2ry custody thereof, 2S Insured, but only until the app:intment and qualif:atior: of the legal representative. 10. Three Year Policy If this cs'icy is issued for a pEriod of three years, any limit Of tri Cc—pany's !;ability Stated in this poi.;cy as 'aggregat, shi° apply SEparately t0 Each consecutive annual period thereof. 11. Cancelation This policy ray be canceled by the Named Insured by surrender then -:f to t.E C,mpany or any of its authorized agents or by mailing to Company K'.t' tiC° vhen thereafter the CnCe12li0" Sha!! be oective.,_. This palicy may be by "ne Company by mailing to the Named Insured 21. the 2d:reSS ShOK^: In this :!icy, wry:lien notice stating when not Less that: len days there- aftEr Such c2rcelaticr -h,2ll be effective. The m2iling of notice as 211oresa;t shall be Su ::ent proof of not :E. i hE time of surrender Or the effective date Of cancel2tion stat _ in the notice sr . trEr „_ the end of the policy riod. Delivery of such writ`en ncl __ Either ty .^.E Ka. -;ed I^sued or by the Company shall be equivalent to m2;iirg. If _ Named Insured :;ncz s E2!7—'C preri;u shall be C-Mpuied in 'cccord"cncE w th the CSt .T:a'y shc., r2:- labcedure. If the C"_?,piny cancels E2rned prErn.,;m S,ri2. com -tec pre -,12. PrE ._.,.yadiu'stment may be grade either at the time c2n- CE 2: C` 15 E. ci_ C 2S as p:iCtiCa i 2 t C2nCe.tti0n becomes E ctivE, but p2j _ Of ie er O1 is not 2 COridlfiC, of cancelation. 12. DEtlaraticns C; "S p? icy +1° Named Insured agrees tha: the ore `:S agree n ntS 2t 5 a, the ,:. th c' such Irl' S p;,. :_ xs. ,g ` ir. .. .SE: c,„ the C27�2"y dr NUCLEAR ENERGY LIABILITY EXCLUSION (AWIcabie to all coverages except Comprehensive Personal, Fe-mer's Comprehensive Personal, and Family Automobile) 1t is agreed that: 1. This policy does not apply: A. Under any Liability Coverage, to bodily injury or property damage (1) firth respect to which an insured under this policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada, or would be an insured under any such policy but for its termination upon exhaustion of its limit of Lability; or (2) resulting from the hazardous properties of nuclear material and with respect to which (a) any person or organization is required to maintain 11,ancial protectich pursuant to the Atomic Energy Act of 1954. or any lah' amendatory thereof. or (b) the insured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by ire United States of America, or any agency thereof, with any person or crEan!zation. B. Under any Medical Payments Coverage, or under any Supplementary Pay meats provision relating to first aid, to expenses incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organ,zation. C. Under any Liability Coverage, to bodily injury or property damage resulting from the hazardous properties of nuclear material, if (1) t^e nuclear material (a) is at any nuclear facility owned by, or operated by or on behalf of, an insured or (b) has been discharged or dispersed therefrom; (2) t e nuclear material is contained in spent fuel or waste at any lime assessed, handled, used, processed, stored, transported or dispcsed c` or on behalf of an insured; or (3' tra bodily injury or property damage arises out of the furnishing by an irsured of serr,ces. materials, parts or equipment in connectron will. t`O nn!ng construction. maintenance. operation or use of an, nuclear fa:'!icy. but if Such facikly is located within the United Stztes of -a. its lerritor es or possessions or Canada, this exclusion ;3 ap. _s only to property damage to such nuclear facility and all property thereat. 11. As used in this endorsement: "tazardous properties" include radioactive, toxic or explosive properties; "ruclear material" means source material, special nuclear material or by p -:duct material; "source material", "special nuclear material", and "byproduct material" have t ❑ean!ngs given them in the Atomic Energy Act of 1954 or in any law a—endalory thereof; ":Dent fuel" means any fuel element or fuel component, solid or liquid, which ' Een used or exposed to radiation in a nuclear reactor; waste" means any waste material (ai containing by-product material other t _n the tailings or wastes produced by the extraction or concentration ct uznium or thorium from any ore processed primarily for its source material c:ntEnt. and (b) resulting from the operation by any person or organization c= any nuclear facility included under the first two paragraphs of the defi• c : on of nuclear facility; :uclear facility" means .:-y nuclear reactor, any equipment or device designed or used for (1) separating the isotopes cf i;ranium or plutonium, 2i processing or utilizing spent fuel, or (3) -.adLng. processing or packaging waste, any equipment or device used for the processing, fabricating or alloying cf'special nuclear material if at any time the total amount of such ma- :er!al in the custody of the insured at the premises wherE such. ecuipmert device is located consists of or contains more than 25 grams of .'utenium or uranium 233 or any combination thereof, or more than 250 :'a , s Cf urar,um 235, struclure, basin, excavation, premises or place prepared or used for :'E storage or disposal of waste, the site on which any of the foregoing is located, all operations c: -%—ed on such site and all premises used for such operations; dear reactor" r•eans any apparatus designed or used to sustain nuclear a SEI, -supporting chain reaction or to contain a critical mass of ";'operty damage" includes all forms of radioactive contamination of property. 'In Witness Wlereof, the Company has caused this policy to be signed by its President and its Se. -!ay at Baltimore, Maryland, and countersigned by a duly authorized representative. UNITED STATES FIDELITY AND GUARANTY COMPANY FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. FIDELITY AND GUARANTY INSURANCE COMPANY Secretary President (awsttl S (1311 Jw-DC-0S! ' (Rev. 7.7.7:) �. .f' 1 UNITED STATES FIDELITY AND GUARANTY COMPANY FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. P BALTIMORE, MARYLAND DESCRIPTION OF TERMS USED AS PREMIUM BASES COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE OWNERS, LANDLORDS AND TENANTS LIABILITY INSURANCE SMP LIABILITY INSURANCE. When used as a premium basis: 1. Comprehensive General; Owners', Landlords' and Tenants'; SMP Liability Insurance—"admissions" means the `,.`a. number of persons, other than employees of the Named Insured, admitted to the event insured or to events conducted on the premises whether on paid 2d nson tickets, complimentary tickets or passes; 2. Comprehensive General; Manufacturers' and Contractors'; Owners', Landlords' and Tenants'; SMP liability Ins _•_nce —"cost" mean the total cost to the Named Insured with respect to operations performed for the Named Insured during the policy period by inde:Indent contractors of all work let or sub -let in connection with each specific project, including the cost of all labor, materials art eooipment furnished, use: or delivered for use in the execution of such work, whether furnished by the owner, contractor or subcontractor, including all ees, allowances, tor.::__ or commissions made, paid or due; 3. Comprehensive General; Manufacturers' and Contractors'; Owners', Landlords' and Tenants';. SMF liability 1r;.•Ince—"receipts" means the gross amount of money charged by the Named Insured for such operations by the Named Insured or by others during the :y period as are rated on a receipts basis other than receipts from telecasting, broadcasting or motion pictures, and includes taxes, other than, taxes A' the Named Insured collects as a separate item and remits directly to a governmental division; 4. Comprehensive General; Manufacturers' and Contractors'; Owners, Landlords' and Tenants'; SMP Liability Ins.-;nce which includes coverage for structural alterations, new construction and demolition operations—"remuneration" means the entire remuneration; earned d.• ng the policy period by proprietors and by all employees of the Named Insured, other than chauffeurs (except operators of mobile equipment) and aircraft ::lots and co-pilots, subject to any overtime earnings or limitation of remuneration rule applicable in accordance with the manuals in use by the Company; 5. Comprehensive General; SMP Liability Insurance—"sates" means the gross amount of money charged by the f<.r�ed Insured or by others trading under his name for all goods and products sold or distributed during the policy period and charged during the policy per -t for installation, servicing or repair, .and includes taxes, other than taxes which the Named Insured and such others collect as a separate item and rent directly to a governmental division; Casualty 95 (1-75):` r G525 (Ed. 5-73) This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise stated herein. ! (The following information is required only when this endorsement is issued subsequent to preparation of policy.) Endorsement effective Policy No. Endorsement No. Named Insured Countersigned by (Authorized Representative) GENERAL LIABILITY AMENDATORY ENDORSEMENT—NOTICE (Texas) As respects bodily injury liability coverage and pro;+erty damage liability coverage, unless the company is prejudiced by the insured's failure to comply with the requirement, any provision of this policy re;uir:ng the insured to give notice of action, occurrence or loss, or requiring the insured to forward demands, notices, summons or other legal process, s`all nrt bar hatility under this ^olicy. d HUD CERTIFICATIONS SECTION 3/STATEMENT OF WORKFORCE NEEDS (IN EXCESS OF $10,000) Federal Labor Standards Provisions Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (i) Minimum Wages. All laborers and mechanics employed or work- ing upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereol) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractural relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(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 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 classifica- tion for the time actually worked therein: Provided, That the employer's pay- roll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the con- tractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (Li) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe bene- fits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or is 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 classifi- cation action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), Previous Edition is Obsolete US. Department of Housing and Urban Development A 1 r HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized repre- sentative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Man- agement and Budget under OMB Control Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this con- tract from the first day on which work is performed in the classification. (fit) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or 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 c r mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met The Secretary of labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. in the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, HUD or its desig- nee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, dis- burse such amounts withheld for and on account of the contractor or sub- contractor to the respective employees to whom they are due. The Comp- troller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 3.0 Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her cor- rect classification, hourly rates of waqes paid (including rates of contribu- tions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis -e; con Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or pro- gram described in Section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such HUD -4010 (2-84) (HB 1344.1) benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs antici- pated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certifi- cation of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (ii) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH -347 is available for this purpose and may be purchased from the Superintendent of Docu- ments (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance." signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5 (a)(3)(i) and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned; without rebate, either directly or indirectly, and that no deductions have been made either directly or indi- rectly from the full wages earned, other than permissable deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the clas- sication of work performed, as specified in the applicable wage determina- tion incorporated into the contract (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b) of this section. (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph A.3.(i) of this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. if the contractor or subcon- tractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, appli- cant, or owner, take such action as may be necessary to cause the sus- pension of any further payment, advance, or guarantee of funds. Further- more, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 4. (1) Apprentices and Trainees. Apprentices. Apprentices will be per- mitted to work at less than the predetermined rate for the work they per- formed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an ap;rent-ce. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the corn actor as to the entire work force under the registered program. Any w5:ker � sted on a payroll at an apprentice wage rate, who is not registered or :therwise employed as stated above, shall be paid not less than the ap_6cable wage rate on the wage determination for the classification of wo-K actually performed. In addition, any apprentice performing work on the lob site in excess of the ratio permitted under the registered program sha be paid not less than the applicable wage rate on the wage determi- na:on for the work actually performed. Where a contractor is performing co-:struction on a project in a locality other than that in which its program is recstered, the ratios and wage rates (expressed in percentages of the jour- ne;�rnar's hourly rate) specified in the contractor's or subcontractor's regis- tered program shall be observed. Every apprenctice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate spwified in the applicable wage determination. Apprentices shall be paid frirce benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, ap;rertces must be paid the full amount of fringe benefits listed on the wa:e determination for the applicable classification. If the Administrator de=rmines that a different practice prevails for the applicable apprentice cla:sific.ation, fringes shall be paid in accordance with that determination. In the eve^'t the Bureau of Apprenticeship and Training, or a State Appren- ticeship Agency recognized by the Bureau, withdraws approval of an ap:rer.: ceship program, the contractor will no longer be permitted to utilize ap:•ences at less than the applicable predetermined rate for the work pe�•orrred until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be pe--nitted to work at less than the predetermined rate for the work per - for -ed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certifi- ca:on by the U.S. Department of Labor, Employment and Training Admini- str_1or.. The ratio of trainees to journeymen, on the job site shall not be greater than permitted under the plan approved by the Employment and Tr-_nir,g Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, ex:-essed as a percentage of the journeyman hourly rate specified in the ap:6cable wage determination. Trainees shall be paid fringe benefits in ac:ordance with the provisions of the trainee program. If the trainee pro - g -,n does not mention fringe benefits, trainees shall be paid the full ar-our:: of fringe benefits listed on the wage determination unless the Ac-inistrator of the Wage and Hour Division determines that there is an ap:rer,iceship program associated with the corresponding journeyman w --::e rate on the wage determination which provides for less than full fri-ge benefits for apprentices. Any employee listed on the payroll at a tra-,ee rate who is not registered and participating in a training plan ap:(oved by the Employment and Training Administration shall be paid not lei.: than the applicable wage rate on the wage determination for the work ac�ally performed. In addition, any trainee performing work on the job site in =xcess of the ratio permitted under the registered program shall be paid nc: less than the applicable wage rate on the wage determination for the w• K actually performed. In the event the Employment and Training Admin- is-ticr w'hdraws approval of a training program, the contractor will no logger be permitted to utilize trainees at less than the applicable predeter- m-ed rate for the work performed until an acceptable program is approved. Citi) Equal employment opportunity. The utilization of apprentices, tra.nees and journeymen under this part shall be in conformity with the ec-al employment opportunity requirements of Executive Order 11246, as arended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contractor shall co-�piy with the requirements of 29 CFR Part 3 which are incorporated by re?recce in this contract 5. Subcontracts. The contractor or subcontractor will insert in any sub - cc -tracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such o-er causes as HUD or its designee may by appropriate instructions re:.:;re. and also a clause requiring the subcontractors to include these c1=.:ses in any lower tier subcontracts. The prime contractor shall be re:oorsible for the compliance by any subcontractor or lower tier subcon- tra:zor with all the contract clauses in 29 CFR Part 5.5. HUD -4010 (2-84) 7. Contracte termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debar- ment as a contractor and a subcontractor as provided in 29 CFR 5.12. S. Compliance with Davis -Bacon and Related Act Requirements. All rul- ings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract Such disputes shall be resolved in accor- dance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include dis- putes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (i) Certification of Eligibility. By entering into this contract, the con- tractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis - Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or partici- pate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Crimnal Code, Section 1010, Title 18, U.S.C., "Federal Housing Administration transactions', pro- vides in part "Whoever, for the purpose of...influencing in any way the action of such Administration... makes, utters or publishes any statement, knowing the same to be false.. shall be fined not more than $5,000 or imprisoned not more than two years, or both" 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B Contract Work Hours and Safety Standards Act. As used in this para- graph, the terms "laborers" and "mechanics' include watchmen and _ guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employ- ment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives com- pensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is greater. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcon- tractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be com- puted with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in sub- paragraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without pay- ment of the overtime wages required by the clause set forth in subpara- graph (1) of this paragraph, (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an autho- rized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally -assisted con- tract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontrac- tor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or danger- ous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Con- tract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat 96). (3) The Contractor shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. HUD -4010 (2-84) CONTRACTOR INFORMATION TO: City of Lubbock DATE: Auqust 8. 1985 P.O. Box 2000 Lubbock, Texas 79457 PROJECT NUMBER CDWO: 068522 PROJECT NAME: Broadway Brick Renovation 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: Kerr Construction Company, Inc. P.O. Box 888, Lubbock, Texas 79+08 2. The undersigned is: (a) A single proprietorship (list sole owner) (b) A partnership (list all partners) (c) XXA corporation (names of all principals and their titles) President: Ken HancQck Vice -President: Kenneth Kerr Secretary -Treasurer: Johnnie L. Howell 3. The taxpayer Identification Number for the undersigned is (whichever is applicable): (a) Employer Identification Number (Federal Identification Number): 75-0956306-4 — (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. Kerr Construction Company, In , Contractor Date Auqust 8, 1985 BY W W Z W U O Li x d' O :R7- LL - CD LLO F - Z W W Q tI) Q Z H H J W O N `O ,ho U U Q Q F- F - z z O O U U O O W 1 - CD a z d � Z Q Oi � W d z C!7 co U Q Z C) U vn rD 00 X 00 U co f - X O Y m U O .0 O -0 Z J Ln Ln W tz O Q z d :.7 z H Z C.7 H O H C.' C- LO C G F- U Q G' C U J J d cc 0 W E- W J L O U W m C F-- tI) H CD Li U') H S 1 LL- S i C:) LO wo CO H F -- Z V) O i D CLLLJ i Ljj i 0- z o of o 0 0 0 (D H H � U Q i H Q. Q I S i r i Li Lf) r i f 1 O Z 1 0 CO C O Z C O W W W r- z Q H (Z Q H t� U F- H 1 Z C Q z i I U 0 U J W Q N O Z H � O J L L Lo L U 4- F- Q O >CL. J L cD LJ d O vi L U m y� UC c - O O N > J O W to U') n._ C o :3 O L- CL CC G v C) H C:) LL C) v - C > a H W H F-- J C) _ L W C) Z d O N L O U E O (D C U C L L O O O (7 O O U L L U LL - t a N LL �- z d :.7 z H Z C.7 H O H C.' C- LO C G F- U Q G' C U J J d cc 0 W E- W J L O U W m C F-- tI) H CD Li U') H S CONTRACT CONTRACT THE STATE OF TEXAS § COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 8rhL_ day of August , 19^8_, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Alan Henry , Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Kerr Construe iQn Comnanv. Inc. of the City o and State of CONTRACTOR. Lubbock Texas County of Lubbock hereinafter referred to as WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any), the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: Construction of paving brick in Broacway esplanade from Avenue "I" to Avenue "U", including all materials, equip�ent, and labor as described in bid items under Exhibit "A". and all extra work in _connection therewith, under the terms as stated in the Contract Documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construc- tion in accordance with the Contract Documents as defined in the General Conditions of the Agreement. The CONTRACTOR hereby agrees to commence work within ten (10) days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the Contract Documents. , The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the Contract in accordance with the proposal submitted therefor, subject to additions and deductions, as provided in the Contract Documents, and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this Contract in six (6) counterparts, each of which shall be deemed an original, in the year and day first above- mentioned. ATTEST: City Secretary ` APPROVED AS TO FORM: CITY BOCK, CONTRACTOR BY: TITLE: �. COMPLETE ADDRESS /��& 4 1 � V 1983 EMERGENCY JOBS B ILL SPECIAL CONTRACT CONDITIONS Funding for the street improvements advertised in this bid document is provided from a special Congressional appropriation called the 1983 Emergency Jobs Bill. In receiving this federal money, the City of Lubbock has accepted the responsibility for fulfilling the objec- tives of the Jobs*Bill: 1. The funds will be obligated and disbursed as rapidly as possible so as to quickly assist the unemployed and the needy; 2. To the extent practicable, the funds will be used in areas where unemployment is highest and has been high for the longest period of time and for authorized pur- poses which have the greatest immediate employment im- pact; 3. To the extent practicable, the funds will be used to maximize immediate creation of new employment oppor- tunities to individuals who were unemployed at least 15 of the. -26 weeks prior to March 24, 1983. The City of Lubbock will rely upon the potential contractors for the Jobs Bill projects to make employment opportunities available to in- dividuals who meet the unemployment criteria described above. Con- tractors who are interested in receiving a construction contract for the projects in this bid proposal will be required to comply with the following special contract conditions designed to achieve the program objectives: 1. Each bidder must submit the Preliminary Employment Utilization Table indicating the number of job opportunities which might result from the award of a construction contract. Each Bidder's Utilization Table will be a factor in recommending bid awards. 2. Successful bidders will be required to submit a Final Employment Utilization Table indicating the actual job opportunities to be made available as a result of the award of a contract. The Employment Utilization Table must be received by the Community Development office prior to the Pre -construction Conference - 3. Based on the Final Employment Utilization Tables, the Community Development office will notify the Texas Employment Commission of the availability of the job opportunities and request that clients meeting the unemployment criteria and having the job skills needed be referred directly to the contractor. 4. Contractors will be responsible for identifying on the Weekly Payroll Reports which individuals have been hired pursuant to the requirements of the Jobs Bill Program. 5. Contractors hiring individuals meeting the unemployment criteria may pursue the financial benefits available as employers of the un- employed or disadvantaged through the Targeted Jobs Tax Credits. In- formation about possible tax credits is available from the Texas Empl- o;-ment Commission. 1983 EMERGENCY JOBS BILL PROGRA-14 EMPLOYMENT UTILIZATION TABLE I.11 Contractors interested in bidding on the street paving construction i,bs being funded through the 1983 Emergency Jobs Bill are required to sub ni t the following Emplo)-hent Utilization Table as part of their bid package. !:he E ployment Utilization Table will indicate the job opportunities expected to become available as a result of being awarded a construction contract involving the Jobs Bill funds. Contractors should consider the jeb opportunities which maybe created by possible sub -contracts. The form provides for a minimum to maximum range of jobs. i RANGE OF E_VIPLOYMENT CLASSIFICATION PROJECTED JOB OPPORTUNITIES CONSTRUCTION I MALE FE LALE I TOTAL I FORE,3kN 0 0 0 _ EQU I PMENT OPERATORS 1 0 1 0 0 UTILITY WORKERS (Rakers, Form I Setters, Finishers, etc.) 1 0 1 LABORERS o TOTAL 5 5 NON -CONSTRUCTION ,MALE FE"ALE � TOTAL YLLN AG ER S p 0 ( 0 i PROFESSIONALS ( 0 0 0 TECHNICIA.hTS 0 0 0 CLERKS I 0 0 0 OTHER 0 0 j 0 i 1 TOTAL i 0 0 0 I GRAD TOTAL S o 5 CONTRACTOR Kerr Construct ion Company, Inc. SIGNATUF.E DATE August 8, 1985 GENERAL CONDITIONS OF THE AGREEMENT INDEX TO GENERAL CONDITIONS 1. Owner 2. Contractor 3. Owner's Representative 4. Contract Documents 5. Interpretation of Phrases 6. Subcontractor 7. Assignment B. Written Notice 9. Work 10. Substantially Completed 11. Layout of Work 12. Keeping of Plans and Specifications Accessible 13. Right of Entry and HUD Inspection 14. Lines and Grades 15. Authority and Duty of Owner's Representative 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 Furnish_ers. gf,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 or Contractor and Subcontractors 43. Minimum Wages 44. Posting Wage Determination Decisions and Authorized Wage Deductions 45. Employment of Laborers or_.Mechanics__Not Listed in Aforesaid Wage Determination Decisions 46. Specific Coverage of Certain Types of Work by Employees 47. Underpayments of Wages or Salaries 48. Anticipated Costs of Fringe Benefits 49. Fringe Benefits not Expressed as Hourly Wage Rates 50. Overtime Compensation Required by Contract Work Hours and Safety Standards Act (76 Stat. 357-360: Title 40 U.S.C., Sections 327-332) 51. Employment of Apprentices/Trainees 52. Employment of Certain Persons Prohibited 53. Regulations Pursuant to_So-Called "Anti-Kickback Act" 54. Complaints, Proceedings or. Testimony by Employees 55. Claims_and_Disputes Pertaining to Wage Rates 56. Questions Concerning Certain Federal Statutes and Regu- lations 57. Final Completion and Acceptance 58. Final Payment 59. Correction of Work Before Final_Payment for Work 60. Correction of Work After Final Payment 61. Payment Withheld 62. Delayed Payment 63. Time of Filing Claims 64. Arbitration 65. Abandonment by Contractor 66. Abandonment by Owner 67. Losses from Natural Causes 68. Independent Contractor 69. Cleaning Up 70. Contractor's Right to Terminate 71. Right of the Owner to Terminate Contract 72. Breach of Foregoing Federal Labor Standards Provisions,, 73. Interest of Member of or Delegate to Congress 74. Other Prohibited_,Interest.sy 75. Special Equal Opportunity Provisions 76. Certification of Compliance with Air and Water Acts 77. Special Conditions Pertaining to Hazards Safety Standards and Accident Preventio.n_, 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: 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 Whenever the term Owner's Representative is used in this Contract, it shall be understood as referring to Larry Hoffman, Director of Transportation , City Hall, Lubbock, Texas, under whose supervision these Contract Documents, includ- ing the plans and specifications, were prepared, and who will inspect construction; or to such other representative, supervisor or inspector as may be authorized by said Owner to act in any particular under this Agreement. Engineers, supervisors or inspectors will act for the Owner _under the direction of Owner's Representative, but shall not directly supervise the Contractor or men acting in behalf of the Contractor. The Owner's Repre- sentative shall have authority to approve change orders involving a decrease or increase in cost of Five Thousand ($5,000.00) Dollars or less. 4. CONTRACT DOCUMENTS The project to be constructed pursuant to this Contract will be financed with assistance from the Department of Housing and Urban Development and is subject to all applicable Federal laws and regulations. The Contract Documents shall consist of the Notice to Bidders, Information For Bidders, Bid Proposal, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agree-. ment, Exhibits A and B to the General Instructions, Special Conditions of the Agreement (if any), Specifications, Drawings, Insurance Certificate and all other documents made available to Bidder for his inspection in accordance.with the Notice to Bidders. 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. 5. INTERPRETATION OF SPECIFICATIONS OR DRAWINGS Whenever the 'words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of. like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 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 Owner's Representative, 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 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 Owner's Representative, which approval will not be given until the Contractor submits to 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. 2 Nothing contained in this Contract shall create any con- tractual relation.between any subcontractor and the Owner 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 attentionto 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 hi,s"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 ,i_asttiisnintended, or if delivered at or sent certified mail to the lt 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 or Owner's Representative to the Contractor shall¢be_in writing. 9. WORK Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and all water, light, power, fuel, transportation and all _other facilities ss 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 materals__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 whichtso applied have well known, technical or trade meanings shall be held to r.efer_,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 3 - suitable for use of occupancy, or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and.a,djustment. 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 Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at 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 _six 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. 13. RIGHT OF ENTRY AND INSPECTION The Owner's Representative may make periodic visits to the site to observe the progress and quality of the executed work and to determine, in general, if the work is proceeding in accordance with the Contract Documents._ He will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the work; nor will he be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. His efforts will be directed towards providing assurances for the„Owner that the completed project will conform to the requirements of the Contract Documents, but he will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. On the basis of his 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 representatives and agents of the Owner and the Department of Housing and Urban Development shall be permit- ted to inspect all work, materials, payrolls, records of person- nel, invoices of materials and other_ relevant_ data and records,. 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 - 4 - 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 remav_al 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. 95. AUTHORITY AND DUTY OF OWNER'S REPRESENTATIVE Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative shall_ review all work included_ herein. He has the authority to stop the work whenever such stoppage may be necessary Co insure the proper execution of the Contract. In order to prevent delays and disputes and discourage litigation, it is further agreed that the Owner's Representative shall, in all cases, Idetermine the amounts and quantities of the several kinds of work which are to be paid for under this Contract. He shall determine all ques- tions 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 estimates and findings of the Owner's Represen- tative 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 Owner's represen- tative render any decision or give any direction which, in the opinion of either party hereto, is not in accordance with the meaning and intent of this Contract, either party may file with said Owner's Representative, within 30 days, his written objec- tion to the decision or direction so rendered, and by such action may reserve the right to submit the question so raised to arbitrationg 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 Owner's Representative as rendered shall be promptly carried out, and any claim arising therefrom shall be thereafter adjusted through arbitration, as hereinafter provided. The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the Contr,actor_a written decision on all claims of the parties hereto and on all questions which may arise relative to the execution of the work or the interpretation of.the..-,Co,ntract, Specifications and Plans. Should the Owner's Representative fail. -to make such, decision within a reasonable time, an appeal to arbitration.may be taken as if his decision had been rendered_ against the party appealing. 16. SUPERINTENDENCE AND INSPECTIONS It is agreed by the Contractor _that __the Owner's Represen- tative shall be and is hereby authorized to appoint from time to time such subordinate_ engineers,. supervisors or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and_the work performed or being performed under this Agreement, and to see that said materials are fur- nished and the work is done in accordance with the specifications therefor. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instruc- tions of any subordinate engineers, supervisors or inspectors so appointed when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications; provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspec- tor, the Contractor may within six (6) days make written appeal to the Owner's Representative for his decision. 17. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this Contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work, and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives 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. 18. CONTRACTOR'S UNDERSTANDING It is understood and _agreed that the Contractorhas, by careful examination, satisfied himself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under this Contract.. No verbal agreement or conversation with any officer, agent or employee of the Owner, either before - 6 - 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 sha11.1 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 itis nmot othe,rwise,_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 hous_i,ng 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 wa_1.1 _times,, ber main- tained in a manner satisfactory to the Owner's Representative. The Owner will provide such right-of-way and working easements as are indicated on_ .t_he_ construction plans for the project. Any additional working space than that indicated on the project plans shall be obtained by the Contractor_at no cost to the Owner. If the Contractor deems it necessary to obtain :'additional space for storage of materials or for any other reason, the Contractor shall protect and ho,ldthe, _Owner harmless from any and all claims resulting from the use of, encroachments upon or damage to such property. Further, before final payment, the Contractor shall furnish theOwner with a___.wr.it_teenY statement from each landowner whose property was used ,LL indicating that the property was restored to a condition_ sati_sfaetory to such landowner. 21. SANITATION Necessary sanitary conveniences for the use of _labor,ers 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 the Owner's Represen- 7 - tative.. The Contractor shall strictly enforce the use of such facilities. 22. OBSERVATION AND TESTING The Owner or _Owner's Representative shall have the right at all reasonable ,times to.1_o_bse1rve and test the work,. Contraetgor shall make _necessary arrangements and provide proper facilities and access for such __,obse,rvationand t,e,sti,ng at any location wherever work is in preparation or progress. Contractor shall ascertain the scope of any observations or, tests which may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observations and„ tests.,_ Owner or Owner's_Representative 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 Owner or Owner's Representative has previously accepted the work through oversight or otherwise. If any work should be covered without approval or consent of the Owner, it must, if requested by the Owner or Owner's Represen- tative, be uncovered for for examination_ at I the Contractorr_'s___ expense. In the event that any part of the work is being fabricated or manufactured. at a l,oca,tion_,where itis not con_ venient for Owner or Owner's, Representative to make observations w of such work or require testing of said work, then in such event, Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location _whe,re 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 oth..er_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 or Owner's Reprsentative, it must, if requested by the Owner or Owner's Representative, 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 or Owner's Representative, nor inspections, tests or approvals made by Owner or Owner's Representative or other persons authorized under this Agreement to make such inspections, tests or approvals, shall relieve the 8 _ Contractor from his obligation to perform the work in accordance: with the requirements of the Contract Documents. 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 the Owner or Owner's Representative 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, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this Contract. Itis_further agreed that any remedial action contemplated as hereinabove -set shall be at the Contractor's expense. 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 thebasis 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 orig- inally 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. :fin It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative, subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by one or more of the _following methods: Method (A) By:agreed unit prices; or Method (B)'- By agreed lump sum; or Method (C.) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the actual field cost of the work, plus fifteen (15%) percent. In the event said extra work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and labor- ers, and materials# supplies, teams, trucks# rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workmen's Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative 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 Representative 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 100%, 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 (15%) of the actual field cost to be paid to the Contractor 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 main- tained primarily on account of such extra work, then the cost to maintain and operate the same shall be included in the "actual field cost." - 10 - 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 Method (C). The Contractor will -thereby preserve the right to submit the matter of payment to arbitration, as herein below provided. 26. DISCREPANCIES AND OMISSIONS 'It is further agreed that it is the intent of this Contract that all work described in the proposal, the specifications, . plans and other Contract Documents be done for the price quoted by the Contractor and that such price shall include all appur- tenances necessary to complete the work in accordance with the intent of these Contract Documents, as interpreted by the Owner's Representative. If the Contractor finds any discrepancies or omissions in these plans, specifications or.Contract Documents, he'should notify the Owner's Representative and obtain a clari- fication before the bids are received, and if no such request is received by the Owner's Representative prior to the opening of bids, then it shall be considered 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 specifications. It is further understood that any request for clarification must be submitted no later than five days prior to.the opening bids. 27. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If, at anytime, the methods or equipment used by the Con- tractor are found to be inadequate to secure the quality of work with the rate of progress required under this Contract, the Owner or Owner's Representative may order the Contractor in writing to ,increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 28. PROTECTION AGAINST ACCIDENT TO EMPLOYEES`AND THE PUBLIC . The Contractor shall take out and procure a policy or policies of Worker's Compensation Insurance with an insurance .company licensed to transact business in the State of Texas, which policy or'policies'shall comply with the Worker's Compen- sation 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 appli-, cable 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, his sureties and insurance carriers shall defend, indemnify and save harmless the Owner and all of its officers, agents and employees 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, on account of the failure of the Contractor or any subcontractor 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 orany of its officers, agents or employees, including attorney's fees. 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 or the Owner's Representative concerning omissions 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 insurance_ required under this section shall provide adequate protection for the Contractor and his subcontractors, respectively, against damage claims which may arise from opera- tions under this Contract, whether such operations be by the insured or by anyone directly or indirectly employed by him and, also, against any of the special hazards which may be encountered in the performance of this Contract, as enumerated in the Supple- mental General Conditions. The Contractor shall procure and carry, at his sole cost and expense throughout the life of this Contract, insurance protec- - 12 - 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. (A) Worker's Compensation and Employer's Liability Insurance. As'required by State statute covering all employees on a work whether, employed by the Contractor or any subcontrac- tor 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: $ 500,000; for bodily injuries, including accidental death, to any" one p'e"r son ----but limited to $ 500,000 per occurrence, and $ 100,000 for property damage. The Contractor shallobtain 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. In addition to the insurance requires! above, the Department of Housing and Urban Development requires that all contracts in -excess of $100,000.00 provide Builders Risk Insurance (Fire and Extended coverage). Until the project is completed and accepted by the Owner, said Owner.or Contractor (at the Owner's option, as indicated in the Supplemental General Conditions_, Form HUD -4238-N) is required to maintain Builder's Risk Insurance (fire and extended coverage) on a 100 percent completed value basis on the insurable portion of the project for the benefit of the Owner, the Contractor and subcontractors, as their interests may appear. The Contractor shall not include any costs for Builder's Risk Insurance (fire and extended coverage) premiums during construction unless the Contractor is required to provide such insurance; however, W - "13 - 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 automobile insurance providing coverage as follows.- In ollows: 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: t (1). The name and _address of the insured, (2) The location of the operations to which the insurance applies.. (3) The name of the policy and type or types of insurance in force thereunder on the _date borne by such certi- ficate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A statement that the insurance of the type afforded by the policy applies to all of the operations of whatever character which are undertaken by the insured during the performance of this Contract, provided such operations are required in the performance of the Contract. (6) A provision that the policy may be cancelled only by mailing written notice to the named insured at the address shown in the policy, stating when, not less than ten (10) days thereafter, cancellation of such - 14 policy shall be effective, with a copy to the Owner of said letter of intent. (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, ...�.-..r ..r...n r-n►re�eoc nr unruTAtCDV CntITDKAC'MT AMM SUPPLIES The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers 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 obligations 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. 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. - 15 - 2. LAWS AND ORDINANCES The Contractor shali'at all times observe and comply with all federal, state and local laws, ordinances and regulations which in any manner affect the Contract or the work, and shall indemnify and save harmless the Owner against.any claims arising from the violation of any such laws, ordinances and regulations, whether by the Contractor or his employees. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the 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 there- from. 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 gs dart 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 r= time for completion of the work, as specified' in the Contract, are ESSENTIAL CONDITIONS of this Contract; and it is further mutually understood and agreed that the work embraced in this Contract shall be commenced on a date to be specified in the "Notice to Proceed." The Contractor agrees that said work shall be prosecuted regularly, diligently and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed by and between the Contractor and the Owner that the time for the completion of the work described herein is a reasonable time for the comple- tion of the same, taking into consideration the average climatic range and usual industrial conditions prevailing in the locality. If the said Contractor shall neglect,.fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree, as a part of the consideration for the awarding of this Contract, to pay to the Owner the amount specified in -the Information for Bidders, 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 - 16 - default after the time stipulated in the Contract for completing the work. The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain, and said amount is agreed to be the amount of damages which the Owner would sustain, and said amount shall be permanently retained from time to time, by the Owner from current periodical estimates. It is further agreed that time is of the essence for each and every portion of this Contract and of the specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where, under the Contract additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this Contract. Provided, that the Contractor shall not be charged with liquidated damages or any excess cost when the Owner determines that the Contractor is without fault and the Co.ntrac- tor's reasons for the time extension are acceptable to the Owner; Pro_ vided, 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 (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 m 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, in writing, of the causes ofthe 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. - 17 - 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 a whole and in part, in accor- dance 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 Represen- tative 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, schedules which shall show the order in which the Contractor proposes 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, employees of the Owner or other contrac- tors 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 applying writing for an extension of time, submitting therewith all written justification a 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 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. 18 - 36. 'HINDRANCE AND DELAYS In executing this Agreement; the Contractor agrees that in undertaking to complete the work within the time herein fixed, he has taken into consideration and made allowances for all -hin- drances and delays incident to such work, whether growing out of delays in securing material or workmen or otherwise.,, No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced _in this Contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event such expense, as in.the judgment of the Owner's Representative is caused by such stoppage, shall be paid by Owner to Contractor. 37. QUANTITIES AND MEASUREMENTS No extra or customary -measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this Contract is let on a unit price basis, then Owner and Contractor agree that this Contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be.furnished ' hereunder. Where the estimated quantities are shown for the various classes of work to be done and material, to be furnished under this Contract, they are approximations and are -to be. used only as a basis for estimating the probable cost of the work and for comparing their proposals offered for the work. It is understood and agreed that the actual amount of work to be. _done and the materials to be furnished under this Contract may differ somewhat from these estimates, and that where the basis for payment under this Contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. .38. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way en- countered and which may be injured or damaged by any process of construction to be undertaken under this Agreement, and he shall be liable for any and all claims for such injury or damage on account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the Owner against any claim or claims For damages due 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. 19 - 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 materials and all labor required for the aforesaid work, also, 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, plans, Contract Documents and requirements of 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 an estimated construction progress schedule in a form satisfactory to the Owner, 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. 41. PAYMENTS TO CONTRACTOR Not later than the 15th day of each calendar month, the Owner shall make a progress payment to the Contractor on the basis of a duly certified and approved estimate of the work performed during the preceding calendar month under this Con- tract, but to insure the proper performance of this Contract, the Owner shall retain five percent (50) of the amount of each estimate until final completion and acceptance of all work covered by this Contract: Provided, that the Contractor shall submit his estimate not later than the first day of the month; Provided, further, that the Owner at any time after fifty percent SOA of the work has been completed, if it finds that satis- factory progress is being made, may make any of the remaining progress payments in full; Provided, further, that on completion and acceptance of each separate building, public work or other - 20 - division of the Contract, on which the price is stated sepa- rately in the Contract, payment may be made in full, including retained percentages thereon, less authorized deductions. In preparing estimates, the material,delivered on the site and preparatory work done may be taken into consideration. All material and work covered by partial payments made shall thereupon become the sole property of the Owner, but this provision shall not be construed as relieving the Contractor from the sole responsibility for the care and protection of materials and work upon which payments have been made, or the restoration of any damaged work, or as a waiver of the right of the Owner to require the fulfillment of all the terms of the Contract. Owner's Right To Withhold Certain Amounts and Make Applica- tion Thereof: The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out the lawful demands of subcontractors, laborers, workmen, mechanics, mate- rialmen and furnishers of machinery and parts thereof, equip- ment, power tools and all supplies, including commissary, incurred in the furtherance of the performance of the,Contract. The Contractor shall, at the Owner's request, furnish satis- factory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the Con- tractor fails so to do, then the Owner may, after having served written notice on the said Contractor, either directly pay unpaid bills of which the Owner has written notice or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfac- tory evidence is furnished that all liabilities have been fully discharged, whereupon payment to the Contractor shall be resumed .in accordance with the terms of this Contract, but in no event shall the provisions of this sentence be construed to impose any obligations upon the Owner to either the Contractor or his Surety. In paying any unpaid bills of the Contractor, the Owner shall be deemed the agent of the Contractor, and any payment so made by the Owner shall be considered as a payment made under the Contract by the Owner to the Contractor, and the Owner shall not be liable to the Contractor for any such payments made in good faith. No payments made or certificates given shall be considered as conclusive evidence of the performance of the Contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. 42. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND The Contractor and each subcontractor shall prepare their payrolls on forms satisfactory to and in accordance with in- - 21 - 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)(8) of the Davis -Bacon Act, the Contractor or Subcontractor shall maintain records which show that the commit- ment 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 Development, 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. 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 he„reinafter identified), the full amount due at time of payment computed at wage rates not less than those contained in the wage determination decision of said Secretary of Labor (a copy of which is included in Exhibit B) regardless of any contractual relationship which may be alleged to exist - 22 - 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 bd more than a weekly period under plans, funds or programs, of this clause, regular contributions made ,,or costs incurre.for 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 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 AFOR Any class of laborers or mechanics whichis 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, United States Department of Labor. In the event the interested parties cannot agree on the proper classification or reclassifi- cation 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 transporting of materials and supplies to or from the site of the Project or Program to which this Contract pertains by - 23 - 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 toy which these Federal Labor_ Standards Provisions are -applicable. 47. UNDER -PAYMENTS OF WAGES OR SALARIES In case of underpayment of wages by the Contractor or by any subcontractor to laborers or mechanics, employed by the Contractor or subcontractor upon the work covered by this Contract, the Local Public Agency or Public Body, in addition to such other rights as may be afforded it under this Contract, shall withhold from the Contractor, out of any payments due the Contractor, so much thereof as the Local Public Agency or Public Body may consider necessary to pay such laborers or mechanics the full amount of wages required by this Contract. The amount so withheld may be disbursed by the Local Public Agency or Public Body, for and on account of the Contractor or the subcontractor (as may be appropriate), to the respective laborers or mechanics to whom the same is due, or on their behalf to plans, funds or programs for any type of fringe benefit prescribed in the applicable determination. 48. ANTICIPATED COSTS OF FRINGE BENEFITS If the Contractor does not make payments to a trustee or other third person, he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably antici- pated in providing fringe benefits under a plan or program of a type expressly listed in the wage determination decisions of the Secretary of Labor which are a part of this Contract: Provided, however, 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 being provided by the Contractor must be submit- ted to the Local.Public_Agency or Public Body with the first payroll filed by the Contractor subsequent to receipt of the findings. 49. FRINGE BENEFITS NOT EXPRESSED HAS HOURLY WAGE RATES The Local Public Agency or Public Body shall require, whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate, and the Contractor is - 24 - 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 27-332 _.,. (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 8 hours in any calendar day or in excess of 40 hours in such work week unless such laborer or mechanic receives compensation ata rate not less than one and one-half times their basic rate of pay for all hours worked in excess of 8 flours in any calendar day or in excess of 40 hours in such work week, as the case may be. (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 8 hours or 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) Withhol_din2 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 determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for liquidated damages, as provided in the clause set forth in paragraph (b) of this Section. . (d) Subcontracts. The Contractor shall insert in any subcontracts the clauses set forth in paragraphs (a), (b) and (c) of this Section and also a clause requiring the subcontractors 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. - 25 - 51. EMPLOYMENT OF APPRENTICES/TRAINEES. (a) Apprentices will he 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 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 - 26 - 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 t,rainee_s _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 incorporated by reference) of the Secretary of Labor, United'States Department of Labor, made pursuant to the so-called "Anti -Kickback 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 modifications 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 affi- davits 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 be 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. 55. CLAIMS AND DISPUTES PERTAINING 70 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 - 27 - Contractor, in writingj 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 All questions arising under this Contract which relate to the application or interpretation.of (a) the aforesaid Anti - Kickback Act, (b) the Contract Work Hours and Safety Standards Act, (c) the aforesaid Davis -Bacon Act, (d).the regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to said Acts or (e) the labor standards pro- visions of any other pertinent Federal statute, shall be re- ferred, through the Local Public Agency or Public Body and the Secretary of Housing and Urban Development, to the Secretary of Labor, United States Department of Labor, for said Secretary's appropriate ruling or interpretation, which shall be authorita- tive and may be relied upon for the purposes of this Contract. 57. FINAL COMPLETION AND ACCEPTANCE Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that the work has been completed or substantially completed, the Owner's Representative and the Owner 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 Owner's Representa- tive shall issue to the Owner and Contractor his certificates of completion, and thereupon it shall be the duty of the Owner within ten (10) days to issue a certificate of acceptance of the work to the Contractor. 58. FINAL PAYMENT Upon the issuance of the certificates of completion, the Owner's Representative shall proceed to make final measurement and prepare a final statement of the value of all work performed and materials furnished under the terms of the Agreement, and shall certify same to the Owner, who shall pay to the Contractor on or before the 31st day after the date of 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) - 28 - of this Contract or in.the specifications made a part of this Contract. 59. CORRECTIONAF 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 work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. 60. CORRECTION OF WORK AFTER FINAL PAYMENT Neither the final payment nor certificate nor any provision in this Contract shall relieve the Contractor of responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work result- ing therefrom which shall appear within a period of one (1) year from the date of substantial completion. The Owner or the Owner's Representative shall give notice of observed defects with reasonable promptness. 61. PAYMENT WITHHELD The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certi- ficate to such extent as may be necessary to protect himself from loss on account of: a. defective work not remedied, b. claims filed or reasonable evidence indicating possible filing of such claims, C, failure of the Contractor to make payments promptly to subcontractors, or for materials or labor, or d. damage to the Owner or another contractor, 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. - 29 - M 62. DELAYED PAYMENT Should the Owner fail to make payment to the Contractor when payment is due any sum or should .the Owner's Representative fail to issue any certificate or statement as required in this Contract, then the Owner shall pay to the Contractor, in addition to the sums shown as due by such statement or certificate, interest thereon at the rate of 0 % per annum, unless other- wise specified, from the date due, as provided under partial payments and final payments heretofore set forth in this Con- tract, until such sums are fully paid, which shall fully liqui- date 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 Owner'sRepresentative 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 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, - 30 - the arbiters are empowered by both parties to take Ex.Parte Proceedings. The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the Contract, unless either or both parties shall appeal within ten (10) days from date of the award by the arbiters, and it is hereby agreed that each party shall have the right of appeal, and all proceedings shall be according to and governed by the Arbitration Statutes of Texas, being Article 224, et seq., Vernon's Annotated Civil Statutes. THE DECISION OF THE ARBITERS UPON ANY QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT SHALL BE A CON- DITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION. The arbiters, if they deem the case demands it, are autho- rized to award the party whose contention is sustained such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The arbiters shall fix their own compensation, unless otherwise provided by agreement, and shall assess the costs and charges of the arbitration upon either or both parties. The award of the arbiters must be made in writing and shall not be open to objection on account of the form of proceedings or award. 65. ABANDONMENT BY CONTRACTOR In case the Contractor should abandon and fail or refuse.to resume work within ten (10) days after written notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the orders of the Owner's Representative, when such orders are consistent with this Contract, or the Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the Contract for work, may be held for use on the work by the Owner or the Surety of the Contractor or another contractor in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when use in connection with Extra Work, where credit shall be allowed as provided for under Section 25 of this 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 - 31 - (10) days after service of provide.for completion of elective manners: such notice, then the Owner may the work in either of the following (a) The Owner may employ such force of men and use of -machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, mate- rials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this Contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which 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 to 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 days after the date of certificate of completion. 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 - 32 - 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 jobsite and belong to persons other than the Contractor or 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 Owner's Representative 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 Contractor at the prices stated in the attached pro- posal, 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 provi- sions made by the Contractor to carry the whole work to comple- tion, and which cannot be utilized. The Owner's Representative shall then make a final statement of the balance due the Contrac- tor 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 Agreement, and shall certify same 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 - 33 - balance shown by said final statement as due the Contractor under the terms of this Agreement. 67. LOSSES FROM NATURAL CAUSES Unless otherwisespecified 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 or Owner's Representative shall have the right to observe Contractor's work during its performance and to carry out the othet prerogatives which are bxpressly reserved to and vested in the Owner or Owner's_ Representative hereunder, is not intended to and shall not at any time change or affect the status of the _Contractor as an independent contractor with respect to the Owner or the Owner's. Representative, the Contrac- tor's own employees, or 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 anytime 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, - 34 - 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, 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 ten (10) days from the date of the mailing to such Surety of notice of termina- tion, the Owner may take over the work and prosecute the same at the expense of the Contractor, and the Contractor and his Surety shall be liable to the Owner for any excess cost occasioned the Owner thereby, and in such event the Owner may take possession of and utilize in completing the work such materials, appliance and plant as may be on the site of the work and necessary therefor. 72. BREACH OF FOREGOING FEDERAL LABOR STANDARDS PROVISIONS In addition to the causes for termination of this Contract as herein elsewhere set forth, the Local Public Agency or Public Body reserves the right to terminate this Contract if the Contractor or any subcontractor whose subcontract covers any of the work covered by this Contract shall breach any of these Federal Labor Standards Provisions. A breach of these Federal Labor Standards Provisions may also be ground for debarment, as provided by the applicable regulations issued by the Secretary of Labor, United States Department of Labor. A breach of Section 45 and the Federal Labor Standards Provisions may be grounds for termination of the Contract, and for debarment as provided in 29 CFR 5.6. 73. INTEREST OR MEMBER OF OR DELEGATE TO CONGRESS No member of or Delegate to Congress or Resident Commis- sioner shall be admitted to any share or part of this Contract or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this Contract if made with a corporation for its general benefit. 74. OTHER PROHIBITED INTERESTS No official of the Owner who is authorized in such capacity and on behalf of the Owner to negotiate, make, accept or approve, 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 - 35 - the construction of the project shall become directly or indi- rectly 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 1'1246, 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 compensation; 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 con- tracts and related subcontracts exceeding $10,000) - 36 - During the performance of this Contract, the Contractor agrees as follows: (1) The Contractor will not discriminate against any employes or applicant for employment because of race, color, religion, sex or nationalorigin. The Contractor will take affirmative action to ensure that applicants for employment are employed, and that employees are treated during employ - meet, 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 or 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 places available to employees and applicants for employment. (4) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and the rules, regulations and relevant orders of the Secretary of Labor. (5) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the Department and the Secretary of Labor for purposes of investigation to ascer- tain compliance with such rules, regulations and orders. (6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract, or with any of such rules, regulations or orders, this Contract may be cancelled, terminated or suspended in whole or in part, and the Contractor may be declared ineligible for further - 37 - Government contracts or federally assisted construction contract procedures authorized in Executive Order 11246 of 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 into such litigation to protect the interest of the United States. C. "Section 3" Complian Employment and Busin in the Prov Opportunit Lsion of Trainin es: (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 clause " 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 - 38 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 19661, as amended, 12 U.S.C.,,- 1701u. Section 3 requires.that to the 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 lorated.in, or owned in substantial party 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 Section3 clause, and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. D. The Contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to a subcontract upon a finding that a Subcontrac- tor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135.20 (b). The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontrac- tor 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 require- ments of these regulations. E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135.20(b), and all appli- cable rules and orders of the Department issued thereunder prior to the execution of the Contract, shall be a condition of the Federal financial assistance_ provided to_.the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these - 39 - 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). 76. CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS (Applicable to Federally assisted construction contracts and related subcontracts exceedinq $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 nonexempt contractors and subcontractors shall furnish to the Owner the following: (1) A stipulation by the Contractor of subcontractors 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 Protec- tion 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 thereunder. (3) A stipulation that as a condition for the award of the Contract, prompt notice will be given of any notifica- tion received from the Director, Office of Federal Activi- ties, 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 require- ments 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. r - 40 - 77. SPECIAL CONDITIONS PERTAINING TO HAZARDS SAFETY STANDARDS A. Lead -Based Paint Hazards (Applicable to contracts and related subcontracts for construction or rehabilitation of residential structures exceeding $100,000) The construction or rehabilitation of residential structures is subject to the HUD Lead -Based Paint regula- tions, 24 CFR Part 35. The Contractor and subcontractors shall comply with the provisions for the elimination of lead-based paint hazards under sub -part B of said regula- tions. The Owner will be responsible for the inspections and certifications required under Section 35.14(f) thereof. B. Use of Explosives The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. When the use of explosives is necessary for the prosecution of the work, the Contractor shall observe all local, state and Federal laws in purchasing and handling explosives. The Contractor shall take all necessary precautions to protect completed work, neighboring property, water lines or other underground structures. Where there is danger to structures or property from blasting, the charges shall be reduced and the material shall be covered with suitable timber, steel or.rope mats. The Contractor shall notify all,owners of public utility property of his intention to use explosives at least eight hours before blasting is done close to such property. Any supervision or direction of use of explosives by the Owner's Representative 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. - 41 - 78. NONDISCRIMINATION AGAINST THE HANDICAPPED - SECTION 504 Th.e 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). - 42 - EXHIBITS A. COPELAND ANTI -KICKBACK REGULATIONS B. CURRENT WAGE DETERMINATIONS EXHIBIT A ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS SO-CALLED "ANTI -KICKBACK ACT".AND REGULATIONS PROMULGATED PURSUANT THERETO BY THE SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR TITLE 18, U.S.C., Section 674. (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) Y The Secretary of Labor shall make reasonable regulations for contractors and subcontractors engaged in the construction, prosecution, completion or repair of public buildings, public • works or buildings or works financed in whole or in part by loans or grants from the United States, including a provision that each contractor and subcontractor shall furnish weekly a statement with respect to the wages paid each employee during the preceding week. Section 1001 of Title 18 (United States Code) shall apply to such statements. ---XXX--- Pursuant to the aforesaid Anti -Kickback Act, the Secretary of Labor, United States Department of Labor, has promulgated the regulations hereinafter set forth, which regulations are found in Title 29, Subtitle A, Code of Federal Regulations, Part 3. The term "this part," as used in the regulations hereinafter set forth, refers to Part 3 last above mentioned. Said regulations are a follows: TITLE 29 - LABOR Subtitle A - Office of the Secretary of Labor PART 3 - CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR PUBLIC WORK FINANCED IN WHOLE OR IN PART BY'LOANS OR GRANTS FROM THE UNITED STATES Section 3.1 Purpose and scope. This part prescribes "anti -kickback" regulations under Section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c), popularly known as the Copeland Act. This part applies to any contract which is subject to Federal wage standards and which is for the construction, prosecution, completion, or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States. The part is intended to aid in the enforcement of the minimum wage provisions of the Davis -Bacon Act and the various statutes dealing with Federally -assisted construction that contain similar minimum wage provisions, including those provisions which are not subject to Reorganization Plan No. 14 (e.g., the College Housing Act of 1950, the Federal Water Pollution Control Act, and the Housing Act of 1959), and in the enforcement of the overtime provisions of the Contract Work Hours Standards Act whenever they are applicable to construction work. The part details the obligation of contractors and subcontractors relative to the weekly submission of statements regarding the wages paid on work covered thereby; sets forth the circumstances and procedures governing the making of payroll deductions from the wages of those employed on such work; and delineates the methods of payment permissible on such work. Section 3.2 Definitions. As used in the regulations in this part: (a) The terms "building" or "work" generally includes construction activity as distinguished from manufacturing, furnishing of materials, or servicing and maintenance work. The terms include, without limitation, buildings, structures, and improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals; dredging, shoring, scaffolding, drilling, blasting, excavating, clearing, and landscaping. Unless conducted in connection with and at the site of such a building or work as is described in the foregoing sentence, the manufacture or furnishing of materials, articles, supplies, or equipment (whether or not a Federal or State,agency acquires title to such materials, articles, supplies, or equipment during the course of the manufacture or furnishing, or owns the mate- rials from which they are manufactured or furnished) is not a "building" or "work" within the meaning of the regulations in this part. (b) The terms "conditions", "prosecution", "completion", or "repair" mean all types of work done on a particular building or work at the site thereof, including, without limitation, alter- ing, remodeling, painting and decorating, the transporting of materials and supplies to or from the building or work by the employees of the construction contractor or construction sub- contractor, and the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the building or work, by persons employed at the site by the contractor or subcontractor. (c) The terms "public building" or "public work" include building or work for whose construction, prosecution, completion, or repair, as defined above, a Federal agency is a contracting party, regardless of whether title thereof is in a federal agency. (d) The term "building or work financed in whole or in part by loans or grants from the United States" includes building or work for whose construction, prosecution, completion, or repair, as defined above, payment or part.payment is made directly or indirectly from funds provided by loans or grants by a Federal agency. The term does not include building or work for which Federal assistance is limited solely to loan guarantees or insurance. (e) Every person paid by a contractor or subcontractor in any manner for his labor in the construction, prosecution, completion, or repair of a public building or public work or building or work financed in whole or in part by loans or grants from the United States is "employed" or receiving "wages", regardless of any contractual relationship alleged to exist between him and the real employer. (f) The term "any affiliated person" includes a spouse, child, parent, or other close relative of the contractor or subcontractor, a partner or officer of the contractor or sub- contractor, a corporation closely connected with the contractor or subcontractor as parent, subsidiary or otherwise, and an officer or agent of such corporation. (g) The term"Federal agency" means the United States, the District of Columbia, and all executive departments, independent establishments, administrative agencies, and instrumentalities of the United States and of the District of Columbia, including corporations, all or substantially all of the stock of which is beneficially owned by the United States, by the District of Columbia, or any of the foregoing departments, establishments, agencies, and instrumentalities. Section 3.3 Weekly statement with respect to payment of wages. (a) As used in this section, the term "employee" shall not apply to persons in classifications higher than that of laborer or mechanic and those who are the immediate supervisors of such employees. (b) Each contractor or subcontractor engaged in the construction, prosecution, completion, or repair of any public building or public work, or building or work financed in whole or in part by loans or grants from the United States,.shall furnish each week a statement .with respect to the wages paid each of its employees engaged on work covered by 29 CFR Parts 3 and 5 during the preceding weekly payroll period. This statement shall be executed by the contractor or subcontractor or by an authorized officer or employee of the contractor or subcontractor who supervises the payment of wages, and shall be on form WH 348 "Statement of Compliance", or on an identical form on the back of WH 347, "Payroll (For Contractors Optional Use)" or on any form with identical wording.., Sample copies of WH 347 and WH 348 may be obtained from the Government contracting or sponsoring agency, and copies of these forms may be purchased at the Government Printing Office. (c) The requirements of this section shall not apply to any contract of $2,000 or less. (d) Upon a written finding by the head of a Federal agency, the Secretary of Labor may provide reasonable limitations, variations, tolerances, and exemptions from the requirements of this section subject to such conditions as.the Secretary of Labor may specify. (29 F.R. 95, Jan. 4, 1964, as amended at 33 F.R. 10186, July 17, 1966) Section 3.4 Submission of weekly statements and the preservation and inspection of weekly payroll records. (a) Each weekly statement required under Section 3.3 shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of 'a Federal or State agency in charge at site of the building or work, or, if there is no representative of a Federal or State agency at the site of the building or work, the statement shall be mailed by the contractor or subcontractor, within such time, to a Federal or state agency contracting for or financing the building or work. After such examination and check as may be made, such statement, or a copy thereof, shall be kept available, or shall be transmitted together with a report of any violation, in accordance with applicable procedures prescribed by the United States Department of Labor. (b) Each contractor or subcontractor shall preserve his weekly payroll. records for a period of three.years from date of completion of the contract. The payroll records shall set out accurately and completely the name and address of each laborer and mechanic, his correct classification, rate of pay, daily and weekly number of hours worked, deductions made, and actual wages paid. Such payroll records shall be made available at all times for inspection by the contracting officer or his authorized representatives of the Department of Labor. Section 3.5 Payroll deductions permissible without application to or approval of the Secretary of Labor. Deductions made under the circumstances or in the situations described in the paragraphs of this section may be made without application to and approval of the Secretary of Labor: (a) Any deduction made in compliance with the requirements ofiFederal, State, or local law, such as Federal or State withholding income taxes and Federal social security taxes. (b) Any deduction of sums previously paid to the employee as a bona fide prepayment of wages when such prepayment is made without discount or interest. A "bona fide prepayment of wages" is considered to have been made only when cash or its equivalent has been advanced to the person employed in such manner as to give him complete freedom of disposition of the advanced funds. (c) Any deduction of amounts required by court process to be paid to anotherunless the deduction is in favor of the contractor, subcoH[ractor or any,affilialad 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 E hospital care, pensions or annuities on retirement, death benefits, compensation for injuries, illness, accidents, sick- ness, or disability, or for insurance to provide any of the foregoing, or unemployment benefits, vacation pay, savings accounts, or similar payments for the benefit of employees, their families and dependents: Provided, however, that the following standards are met: (1) The deduction is not otherwise prohibited by law; (2) it is either: (i) Voluntarily consented to by the employee in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of or for the continuation of employment, or (ii) provided for in a bona fide collective bargaining agreement between the contractor or subcontractor and representatives of its employees; (3) no profit or other benefit is otherwise obtained, directly or indirectly, by the contractor or subcon- tractor or any affiliated person in the form of commission, dividend, or otherwise; and (4) the deductions shall serve the convenience and interest of the employee. (e} Any deduction contributing toward the purchase of United States Defense Stamps and Bonds when voluntarily autho- rized by the employee. -(f) Any deduction requested by the employee to enable him to repay loans to or to purchase shares in credit unions orga- nized and operated in accordance with Federal and State credit union statutes. (g) Any deduction voluntarily authorized by the employee for the making of contributions to governmental or quasi - governmental agencies, such as the American Red Cross. (h) Any deduction voluntarily authorized by the employee for the making of contributions to Community Chests, United, Givers Funds, and similar charitable organizations. (i) Any deductions to pay regular union initiation fees and membership dues, not including fines or special assessments: Provided, however, that a collective bargaining agreement between the contractor or subcontractor and representatives of its employees provides for such deductions and the deductions are not otherwise prohibited by law. (j) Any deduction not more than for the"reasonablecost" 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 51.6.27(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 isnot otherwise prohibited by law; (c) The deduction is either (1) voluntarily consented to by the employee in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of employment or its continuance, or (2) provided for in a bona fide collective-bargaining agreement between the contractor or subcontractor and representatives of its employees; and (d) The deduction serves the convenience and interest of the employee. Section 3.7 Labor. Applications for the approval of the Secretary of 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 z_ 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 I Susie Harrison,'Administrative Assistant, for the City of Lubbock, Texas certify that wage determinations listed bei ow to be a true and correct copy of.. those wage determinations published in Federal Register, Vol. 49, No. 232, page 47164, dated 11-30-84, plus modification #1. ame Date CITY OF LUBBOCK WAGE DETERMINATIONS FOR FEDERALLY FUNDED PROJECTS HEAVY/HIGHWAY PROJECTS 49 FR 47164 Decision TX 84-4104 Date: November 30, 1984 (Supercedes Decision No. TX 84-4007, dated February 17, 11084, in 49 FR 6215) Modification #1: Dated 12/21/84 DESCRIPTION OF WORK: Heavy (excluding tunnels & dams) and Highway Projects (does not include building structures in rest area projects) Classification Air Tool Operator Asphalt Heater Operator Asphalt Raker Asphalt Shoveler Batching Plant Scale Operator Carpenter Carpenter Helper Concrete Finisher (Paving) Concrete Finisher Helper (Paving) Concrete Finisher (Structures) Concrete Finisher Helper (Structures) Concrete Rubber Electrician Electrician Helper Form Builder (Structures) Form Builder Helper (Structures) Form Liner (Paving & Curb) Form Setter (Paving & Curb) Form Setter Helper (Paving & Curb) Basic Hourly Rates 6.40 5.55 6.80 7.00 6.30 7.90 6.65 6.00 6.50 WMUL UC i GKf I"h I lull run rr VLMMLL ► f UIIULU rMVUL1,, ► PAGE -2- Form Setter (Structures) Form Setter Helper (Structures) Laborer, Common Laborer, Utility Man Manhole Builder, Brick Mechanic Mechanic Helper Oiler Servicer Painter (Structures) Piledriver Person Pi pel ayer Pi pel ayer Helper Pneumatic Mortar Operator Blaster Blaster Helper ---- Reinforcing Steel Setter (Paving) Reinforcing Steel Setter (Structures) Reinforcing Steel Setter Helper Steel Worker (Structural) Steel Worker Helper (Structural) Sign Erector Spreader Box Man Swamper Power Equipment Operators: Asphalt Distributor Asphalt Paving Machine Broom or Sweeper Operator Bulldozer 150 HP & Less Bulldozer over 150 HP Concrete Paving Curing Machine Concrete Paving Finishing Machine Concrete Paving Form Grader Concrete Paving Grinder Concrete Paving Joint Sealer Concrete Paving Longitudinal Float Concrete Paving Mixer Concrete Paving Saw Concrete Paving Spreader Paving Sub Grader - Crane, Clamshell; Backhoe, Derrick, Dragline, Shovel (less than 1 1/2 CY) Crane, Clamshell, Backhoe, Derrick Dragline, Shovel (1 1/2 CY & Over) Crusher or Screening Plant Operator Elevating Grader Foundation Drill Operator (Crawler Mounted) 7.25 6.45 4.80 5.80 8.85 6.35 6.15 6.85 7.00 6.45 6.40 7.55 7.25 5.25 6.80 7.05 8.00 7.40 8.90 6.95 WAGE DETERMINATION FOR FEDERALLY FUNDED PROJECIS - - - =- PAGE -3- Foundation Drill Operator (Truck Mounted) - Foundation Drill Operator Helper - Front End Loader (2 1/2 CY & Less) _ 6.35 - Front End Loader (Over 2 1/2 CY) = 7.55 Mixer (Over 16 CF) _ - Mixer (16 CF & Less) - Motor Grader Operator, Fine Grade = = 9.40 Motor Grader Operator - _8.00': _ Roller, Steel Wheel (Plant-Mix. - Pavements) =. - 6.75 Roller, Steel Wheel (Other-Flat Wheel or Tamping) 6.20 Roller, Pneumatic (Sel f-Propel l'-ed )-� 5.60= - Scrapers (17 CY &Less) - 6.55 Scrapers (Over 17_CYC- _ - 7.80 Self-Propelled Hammer --: - SideBoom -. - -- - - ----- - -- -- ---- -- - - - --- -_ _ - - - --- .---- -- Tractor (Crawler Type) 150 HP & Less 6.00-- Tractor (Crawler Ty-p4-Qve_r-150-H-P_- ---—=_--_7:DD -- -- Tractor (Pneumatic) 80 HP & Less 6.00 Tractor (Pneumatic) Over 80 HP 6.50 Traveling Mixer Trenching Machine, Light - Trenching Machine, Heaves _ _ 6.40 Wagon Drill, Boring Machine or Post - - Hole Driller Operator 6.40 Truck Drivers: Single Axle, Light 6.00 Single Axle, Heavy - Tandem Axle or Semitrailer 6.40 Lowboy-F1 oat Tranist-Mix - _ - Winch Vibrator Operator (}hand -T�pe)- Welder - - -: _ - _ 7.50 Welder Helper -- - ; Unlisted classifications-needed for work not i.n.cluded Kithin the scope of the classifications listed maybe added after award only as-_provided in the labor " standards contract class (29 CFR, 5.5(a) (1) (ii). 4n84 N Y a y -Federal Register / VoL 49, No. 232 November -3Q *1984~/ Notices -. _ ti - rlV+•b' INONNV .. i Oe - ♦.q .o _ . 0 =t - O •O'/ { I , 1 ,./...d •• p nVA,•n- I„/. {..'nb L - qv . m ZO O 7r y YY� to m •oa i ' 0,200 6'.71 '0 Y OY tl4C• 4YrW q UO U1' L. 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Water The results of the 3 or 7 day strength tests will be compared with the3 or 7 day strength of the preconstruction test cylinders for the type and slump of the concrete being produced.. Slioulo the 3., No Text L ._..Reinforcement stored on the site shall be protected form accumula- tions of grease, mud or other foreign matter and from rust producing conditions and shall be free from rust, scale, oil, mud, or struc= tural defects, B. Bar Reinforcing Reinforcing steel shall conform to A.S_T.M. Designation A-432 and shall be deformed to A,S.T.M, 305 requirements. 4. JOINT MATERIAL A. EX ansion Joint Materials___ _.. _ w..n.,. _._ W,. ..u_ ._...__.....su .....: Bituminous premolded 'expansion joint material shallconform to Item No. 420.2 (a) of the Texas State Highway Department Specifi- cations. Expansion joints shall `be placed as shownlon the plans or as directed by the Engineer. B. Joint Sealing Material Joint sealing material shall be W,R.'Meadows seal tightsoft seal. 5. FORMS' Forms may be of wood or metal, of a section satisfactory to the Engineer, straight, free of'warp, and a`depth equal to the depth of theconcrete section formed. Forms shall"be-constructed accurately to the line,_and grade as established in the field, shall be^adequately braced so that they will not move during the placing of the concrete, and shall remain in place at least twelve (12) hours after placing concrete. Forms shall be oiled with alight oil before each use and forms which are to be re -used shall be cleaned immediately after 'µeach 'use and maintained Y n good condition. In no case will a concrete pour. be started without the approval of the Engineer...,..Ivo forms shall ­be placed until the subgrade is within one inch (l") of its `finished grade. Where'lorgitudinal construe- tion joints are required, the form shall be so constructed as to provide a`1-1/8" inch "V" shaped groove in the face. 6, ROLLERS It shall be the responsibility of the Contractor to have rolling equip- ment available on the job as required without delay to the operation. Rollers provided shalh meet the'qual fications for their type as' -deter- mined by the Engineer, ]; STRAIGHTEDGES AND TEMPLATES When directed by'the Engineer, the Contractor shall provide acceptable No Text l O'. BARRICADES `ANDS�GNS ° w Barricades shall be constructed of clean, sound lumbi r,shall be of first-class workmanship, and all surfaces above ground shall be painted roved brand�of-white paint to secure thorough coverage and a uniform,whi to color. In no case shall less than two coats be used. The paint for barricade stripes shall be reflective orange and reflective white. All dimension striping, lighting, painting, coloring and place- ment of barricades shall be in accordance to the details and design as set forth in the Texas Manual on UNIFORM T12AFFIC`ACOii(5LBVICfor W V Streets and Highways, Part VI, published August 31, 1979. The contractor shall maintain each barricade in a neat and acceptable condition and furnish replacements when necessary or requested by the engineer. Each sign shall be displayed only for the specific purpose prescribed for it. Before any detour or temporary route is opened to traffic all necessary Regulatory, Warning and Guide 'signs shall be in place. Signs required by temporary conditions or restrictions shall be removed immediately` when those conditions cease to exist or the restrictions are withdrawn. Guide signs directing traffic to and on temporary routes or detours shall be removed when no longer applicable. Important as is standardization with respect to design and placement, uniformity of application is equally important. Identical 'con11 ditions should always be marked with the same type of sign, irrespective of where those particular conditions occur. All signs that are to convey their message during hours of darkness shall be reflectorized or illuminated. ,Signs for daytime use only may be non- reflectorized but a flourescent background material will be used for increased daytime visibility if requested by the engineer: Where there is serious interference from extraneous light sources, and a reflectorized sign is not likely to be effective, an illuminated sign will be used. Construction warning signs shall have a black legend on an orange back'- ground and shall conform to'the standards as to size, shape and color as outlined in the Texas Manual on. UNIFORM TRAFFIC COCBS­mentioned ­. .w in paragraph A above. Barricades,' flares, and signs are a necessity in the construction involved in this contract.''The provision of these items by the contractor should be considered in the bid prices submitted, as'no separate compensation will be made. No work will be permitted on any project prior to installation of barri- cades or other warning devices at beginning and end of construction area. 3_ DETAILS OF CONSTRUCTION 1. SUBGRADE Subgrade preparation shall include the removal of all obstructions, -(including the existing paving materials and other obstructions shown on the plans or as designated by the "Engineer), and all scarifying, wetting, disking, blading, and rolling necessary to compact the subgrade to 95% Standard Proctor Density (A.S.T.M. D-698) in conformity to the line, grade, and sections as shown on the plans or as established by the Engineer. The existing asphalt surface shall be scarified with'the caliche'base`and the contractor will load and haul the existing asphalt surface and caliche base to a stockpile as designated by the City Engineer. After the obstructions have been removed,"the subgrade shall be scarified to a depth of 6", then reshaped and compacted inconformity with the typical sections and to the line and grades as shown on the plans or as established by the Engineer. All unstable or otherwise objectionable material shall be removed from the subgrade and replaced with approved material. The removal of obstructions "shall be done in such a manner as to require a minimum of fill to bring the subgrade to the correct elevation. When the subgrade is too`low, the -contrac- tor shall furnish and/or place additional soil or caliche in layers not ex- ceeding three (3") inches and compact each layer by moistening and rolling. rr 2. COMPACTION _... The subgrade will be wetted and rolled to secure 95% Standard Proctor Density. Before placement of the 4" concrete slab, the subgrade will be checked by test rolling 6 times or more if' required -'by `tfie Engineer` with.,"a. self-propelled roller weighing not less than 35 tons Any soft or unstable spots found by test rolling will be corrected by removing the soft or unstable material and replacing it with suitable soil compacted to'95% Proctor -Density. 11 The areas so corrected shall be test rolled as specified above. 3. CONCRETE HEADER CURB REMOVAL The header curb shall not be removed�until"th-e subgrade is compacted an--(!- completed.' ndcompleted.' An area of three brick lengths behind the concrete header `curb may be removed for full exposure and access to"removal of the curb; without`" disturbance of the remaining brick paving. The header curb shall be sawed a minimum of 2" in depth before removal. Any damage or disturbance of existing paving brick which requires repair or replacement, including materialor 'lab or,'`will- _be performed by the contractor as a 'non pay item. 4. 4" CONCRETE SLAB BASE This item shall consist of a 4" thick 3,000 psi/7 day, 5% air entrained concrete slab containing 6 x 6 10/10 wire mesh constructed on the pre- r viously completed and approved subgrade. -_ Sufficient concrete shall be placed to allow for shrinkage and extra material for finishing, and the concrete shall be floated and troweled to the approximate section, and only after the concrete receives a partial set shall the face forms be removed. The section shall then be shaped to the true cross-section by the use of a metal -screed which is shaped to the true cross-section. A "mule" screed shall be used only to shape to true cross-section when topping material is provided and pushed along on the front edge of the mule. Concrete shall not be poured during'sand'storms .Concrete shall be protected to maintain temperatures of not less than 50 66eg`rees7V'.: for five days after placement. If aggregate and water are heated, they­shall­ not be heated above 40 degrees F: Concrete shall not be placed when the ambient temperature is less than 40 degrees F'. It shall be the respon- sibility of the contractor to anticipate as nearly as possible changes in weather conditions which 'would' affect the placement and protection of the concrete, and to be prepared to protect freshly placed concrete when sudden changes in the weather make such protection necessary. 5. SETTING FORMS Forms for concrete shall be set to the lifies'and grades established by the engineer after the subgrade has been prepared. The forms shall be held together and in place `in such a manner that they will not move during the placing and working of the concrete. The forms shall be cleaned and oiled prior to pouring concrete. Face forms and construe - tion joints (removable metal plates) shall be set to hold the concrete in place until it is to be finished. 6. REMOVING FORMS Special care is required of the contractor'iri h sLLremoving of pins and moving of forms. Pins shall be pulled from the ground to free forms. If hammering is found to be necessary, a light, one (1) pound hammer shall be used. The contractor shall not place forms or pins on newly finished concrete. Loading and unloading of forms from a truck shall be executed by two workmen. It is the duty of the contractor to remove any warped forms found in any section of forms, before it is poured. When forms are pointed out as defective; those forms shah then be removed from the job site and not returned until they have been inspected by the Engineer. x X 7. CURING All concrete work shall be covered with heavy water -proof type paper to prevent loss of moisture and to prevent direct sunlight from striking the concrete, as soon as it has set sufficiently enough to prevent marking. In lieu of this method of curing, the concrete may be cured by applying a liquid membrane coating to all exposed surfaces, provided such material and method is first approved by the Engineer. 8. REINFORCING Care shall be taken to,securely hold the welded wire mesh 2" above the bottom of the slab by use of high chairs or pre -cast concrete blocks. 9. 12" SAND BEDDING CUSHION The concrete slab base shall be cleaned and broomedo.fwall ,loose and foreign materials, and the sand shall be spread to the thickness shown on the plans. Sand for bedding shall consist'of hard, durable grains, free from vegetable and other deleterious substances_., ,,When, dry it shall pass a one-quarter (4) laboratory screen and shall be well graded from coarse to fine:_ The sand bedding shall be shaped to a true surface parallel with the proposed surface of the finished roadway by means of a template extending the entire width of the roadway, drawn forward upon the curbs or other guide rails as provided. When the width of the roadway precludes the use of,a template spanning the entire distance, the bedding shall be shaped in sections, using scantling laid upon the base as guide rails. The bedding course shall be struck off at least twice with the template. Any depressions which develop shall be filled and that area again struck off with the template. This operation shall be continuous until a smooth surface, true to section, is secured. The bedding shall not be disturbed after ,final .shaping prior to laying the brick. Sand bed which is displaced shall be satisfactorily replaced. 10. BRICK LAYING Used vertical fiber -brick, which have been cleaned and stackedon pallets, will be furnshed.by the City of Lubbock at a location north of Lubbock_ International Airport: The contractor, will be_required to sort and grade the brick before hand - loading, hauling, and unloading the brick from the location shown on the plans to the construction site on,.Broadway, and is intended and understood to be included in the, bid price. The brick shall be. handled carefully to prevent unncessary damage in loading, hauling, and unloading. i When piled by the roadside, they shall be so protected that they will not become spattered with _earth or _mud aAll „brick shall be kept clean until, the pavement is finished,.- No wheeling in barrows will be allowed directly on the brick surface, The bricks shall be laid immediately upon the sand bed with the best .u� face up, lugs in the same direction from one side of the pavement to the other, in parallel straight courses at right angles to the center line, except at intersections and on curves where they shall be laid as directed by the Engineer. When the brick is placed upon the sand cushion, the space between _each brick shall not exceed "3/8" inch Each course. of bricks shail be levelled and straigntened before laying the next course. The sand cushion under thick or thin bricks shall be lowered or filled and the bricks relaid Each brick will be set In the sand cushion, with a large rubber mallet. At the ends of courses, and where necessary between courses, closures shall be made„by carefully placing bricks cut accurately to give close _ joints. Cut or broken bricks shall be„used only at the ends of courses, placed with. thecutend turned toward the adjacent whole brick and shall be not less than three (3) inches in length. While laying bricks the pavers shall not walk or stand on the bed 1.1­11The spaces between the bricks shall be kept clean and open to the 1­11bottom un.t!r.l. gthe 4ffiller is applied. After laying, the bricks shall be inspected, culled and approved, and if any section co,nta i nsmore �than ten(10) per cent of culls, the bricks shall be removed, the bed reshaped, and satisfactory brick placed. A twenty (20) foot straightedge will be required for checking the surface. /4 All brick in which the surface exceeds 1” in elevation from the surround- . �.� ..;. ing brick s_ha11_Kr be,.removed and the sand cush�o adjusted or another bck used so as to give a smooth surface x _ . ,. ,_..•, . ___ The bricksshall be subjected to visual inspection prior to and during laying. The inspector shall cu 1, out,and reject all bricks not meeting the following Requirements: a. Failure to meet general and dimension clauses herein given. b. All bricks which, are broken through or bricks that are chipped so that neither wearing sur' - face remains substantially intact, or so that the bower or, bearing surface is reduced in area by more than one. -eighth. c. All bricks which are cracked to a„depth greater'` than three eights (3/8) inch on any surface, or which are cracked on the wearing surface. d. All bricks which are so off -sized or so misshaped, bent, twisted or kiln marked that, they will not _form a proper surface or align properly with other bricks.. e. All bricks which are obviously too soft and too Poorly vitrified to endure street wear. 11. ROLLING When an appreciable area of brick has been placed on the sand cushion, { the brick surface shall be swept clean and rolled with an 8-10 ton self- propelled steel wheel roller. The rolling shall take place in the follow- ing manner: The bricks next to the existing bricks shall be hand tamped to the proper grade. The rolling shall then commence on these hand tamped bricks at a very low speed and continue back and forth parallel to the center until the center of the street is reached, then pass to the opposite side of the street and repeat the operation. All rolling shall be parallel to the center of the street and shall continue until. the brick has a smooth surface. Before and after the transverse rolling all broken or unsatisfactory brick must be taken out and replaced with good brick; After the final rolling and culling the pavement shall be tested with_a twenty -foot straight edge laid parallel to the curb and any depressions or elevation exceeding 1/4 inch shall be taken up and adjusted, and if necessary, it shall be rolled again. All joints shall be kept clean and open to the bottom until filled as specified. 12. HOT TAR FILLER (ROOFINGTAR) After the bricks have been placed, rolled, inspected and approved, the spaces between them shall be filled_with._hot tar filler. The filler shall be heated in containers so designated as to admit of an even heating of the entire mass, with as efficient and positive control' of the heat at all times. The asphalt filler shall be applied as dir- ected at a temperature between 300OF and 4000F. Haterial heated above 400OF shall be rejected. The Contractor shall, provide a sufficient_ number of accurate and suitable thermometers for determining the temperature of the filler material. Filler shall be applied on the day bricks are laid. The surface of the brick shall be swept clean immediately before filling the joints. In order to prevent adhesion of the bituminous material to the brick surface, a coating of lime or other suitable bond breaking material shall be applied on the top surface of the brick. Filler shall not be applied if the bricks are wet nor if the air tempera- ture is such that the filler will not, fl ow freely into the joints. When such conditions prevail, all operations shall cease until, in the opinion of the Engineer, weather conditions are suitable. After the filler has cooled the surplus tar from the joints or bricks shall be removed and the new surface cleaned. Traffic shall not be permitted on the pavement until the filler has cooled to the air temperature. I . CHANGES IN THE WORK The Loca.1 Public Agency may increase the quantity of the work in the Contract by supplementary projects, not included in the Contract, without invalidating the Contract, and without relieving or re- leasing the Contractor from any of his obligations under the Contract or any guarantee given by him pursuant to the Contract provisions, and without affecting the validity of the guaranty bonds, and without relieving or releasing the surety or sureties of said bonds All such work shall be executed under the terms of the original Contract unless it is expressly provided otherwise. If applicable unit prices are contained in the Agreement (established as a result of either a unit price bid or a Supplemental Schedule of Unit Prices), the Local Public Agency may order the Contractor to proceed with _desired additions to the work, as a result of supple mentary projects, the value of such changes to be determined by the measured quantities involved and the applicable unit prices specified in the Contract provided that in case of a unit price contract the net value of all additions does not increase or decrease the original total amount shown in the Agreement by more than twenty-five percent. Except for the purpose of affording protection against any emergency L endangering health, life, limb or property, the Contractor shall make no change in the materials used­ or, in the specif ied manner or`con- struction and/or installing the improvements or supply additional labor, services or materials beyond that actually required for the execution of the,Contract, unless in pursuance of a written order from the Local Public.Agency authorizing the Contractor to proceed with the change. No claim for an adjustment of the Contract Price, will be valid unless so ordered: 2. SUPERINTENDENCE The superintendent and/or -his assistants" ssistants will not be allowed,to serve two functions simultaneously such as operating machinery and acting as superintendent at the same time. The.superintendent must be free of Aridiv,id,urall, responsibi l itiesto enable him to give the entire project his constant attention to facilitate thea„progress thereof. 3. PROSECUTION OF WORK _. ..The Contractor will be, required to schedule his construction in such a manner that_. a, minimum of one driving lane in each direction will be open to traffic at all times.. 0 Tlha rnnf-rar,tnr wit T rlii' No Text No Text GENERAL; _ The unit price bid as stated in the proposal, shall include furnishing all labor, superintendence, machinery, ecuipment and materials, as specified, necessary or incidental to complete the'various items or work in accordance with the plans and specifications. Cost of work or materials shown on the plans or called for in the specifications and on which no separate payment is made shall be included'in the bid prices on the various pay items. 1. CON'5TRiTCTION' _OF PA�T'NG�`��'�.T`�K- The City of Lubbock will furnish' paving brickat the location north of the airport as designated on the plans. Payment shall be made at the unit price bid per square yard in accordance to the measured area of the 4" thick concrete base. This unit price -shall be full compensation for removing and disposing of all obstructions noted-on"the plan s..or'as'be- " come necessary including removal and hauling of existing asphalt and caliche to city stockpile a- directed by the Engineer,sawing and removal of concrete headers, all excavation_ cr fill, blading, wetting, scarify ing, rolling, compacting, hauling and wasting all excess material for subgrade preparation, all materials, labor, and'equ pment'required'for' furnishing, mixing, hauling, forming, placing, and curing 4" thick, 3,000# s per 7 day 5% air entrained concrete with 6 x 6 - 10/10 wire mesh to lines and grades as shown on the plans or Established by the Engineer; and fur= nishing and placing '1 1/2 inch thickness sand cushion and construction of paving brick, including hand loading, hauling, unloading, laying, rolling, applying hot tar filler between brick, removal of surplus filler from surface of brick, and final cleanup. M 2. BRICK CLEANING Payment shall be made at the unit price bid per brick. This unit price` shall be full compensation for clean -ng tae brick as described in the bid item including all materials, labor, equipment, fuel, and any tools re- quired in the cleaning `and counting of the brick satisfactory to 'the' z Engineer. z E t n m