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HomeMy WebLinkAboutResolution - 2124 - Contract - Plains Pump Company - Vehicle Lifts, Garage - 08/22/1985HW: da RESOLUTION Resolution #2124 August 22, 1985 Agenda Item #33 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract with Plains Pump Company for the construction and installation of vehicle lifts for the Garage, 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 22nd day of August , 1985. ATTEST: anette boya, tity Secretary APPROVED AS TO CONTE Gene rids, P rch i g Manager APPROVED AS TO FORM: Harold Willard, Assistant ity Attorney '14 CITY OF LUBBOCK SPECIFICATIONS f o r GENERAL FEDERAL. REVENUE SHARING PROJECT TITLE: VEHICLE LIFTS -CITY GARAGE ADDRESS: 324 MUNICIPAL DRIVE PREPARED BY: ADMINISTRATIVE SERVICES PROJECT NUMBER: 89-0001-40003-921403 I 0 A, .IN.QE,.X 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID PROPOSAL — BID FOR LUMP SUM CONTRACTS 4. PAYNENT BOND 5. PERFORMANCE BOND 6. CERTIFICATE OF INSURANCE 7. CONTRACT 8. GENERAL CONDITIONS OF THE AGREEMENT 9. SPECIFICATIONS 10. EXHIBITS A. Copeland Anti—Kickback Regulations B. Davis—Bacon Wage Determination 11. NOTICE OF ACCEPTANCE 2^ 3. 4^ 3 The work to be done under the contract documents shall consist Of the following*. PROVIDE LABOR AND MATERIALS TO INSTALL THREE VEHICLE PAD LIFTS AT THE CITY GARAGE ��4 MUNICIPAL DRE, AS REQUESTED IN THE ATTACHED ' SPECIFICATIONS. The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with Contract documents. All work Covered by this contract shall be done in accordance With contract documents described in the General Conditions. All bidders shall be thoroughly familiar, with all of the requirements set forth On the contract documents for the construction Of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. It is the intent of the City of Lubbock that all parties with an interest in submitting a bid On the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a hid without charge of forfeiture Of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. The construction Covered by the contract documents shall be fully completed within NINETY calendar days from the data specified in the Notice to Proceed issued by the City of Lubbock to the 6ucroSSfVl bidder. The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires o progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to insure completion of the project within the time specified. 5^ 6^ 7. 8^ 9/^ 4 All payments due to Contractor- shell be made in accordance with the provisions of the General Conditions of the contract documents. The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims ponding, Of which the Contractor has been notified. The intent Of these contract documents is that only materials 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 site will not relieve the Contractor Of full responsibility of 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. All equipment and materials incorporated in the project and all construction shall be guaranteed .against defective materials and workmanship~ Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the Work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within one year from date of final acceptance of the work as a result Of defective materials or workmanship, at no Cost to the Owner (City of Lubbock)~ The contractor will be furnished __/ __ sot of drauings' specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor Shall then distribute copies of plans and specifications to suppliers, subcontractors or 10. others; as required for Proper Prosecution of the wor� contemplated by the Contractor. [he Contractor shall be responsible for the preservation, conservation, and protection of all materials; supplies, machinery, equipment, tools; apparatus; accessories; 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 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 bon..:! amounts and percentage completed. (6) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 11. This contract is issued by an organization which qualifiec-, for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Ta: 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 fax at the time of purchase. 12. it shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way a� 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 contemplated by these contract documents. The Cit; of Lubbock agrees that it will furnish Contractor 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 aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated b; this contract shall be repaired immediately by Contractor to the 13. 14. 15. satisfaction of the City of Lubbock, Texas, at Contractor's expense. The contractor shall; at his own expense; furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs; and lights to Protect it; and when damage is incurred; the damaged portion shall be immediately removed and replaced b; Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City,.:- certificate ity'scertificate of acceptance of the project. The use Of explosives will not be permitted Unless written permission to do so is obtained b; the Contractor from the City. in all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be ;sed; the Contractor shall use utmost [are so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. Explosive materials shall not be stored or kept at the construction site b; the Contractor. in all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Co;tractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as the; may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The 16. 17. 18. 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 i i � n progress. The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents; from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrD9ation. The insurance certificates furnished shall name the Cit; as an additional insured and shall further state that all subcontractors are named as additional insureds, or in the alternative, shall be accompanied b; a statement from the Contractor to the effect that no work on this narticolar project shall be s Proposals submitted containing any conditions which p;- for rfor changes in the stated bid price due to increases o decreases in the cost of materialsq labor or other ite required for the project will be rejected and returned the bidder without being considered. The bidder shall submit his proposal on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in word� and numerals, for which he proposes to do the work contemplated or furnish the materials required. Such �r�ces shall be written in ink, distinctly and legibly; or typewritten. in case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. if the proposal is submitted by an individual, his name must be signed b; him or his duly authorized agent. if a Proposal is submitted b; a firm, association or Partnership; the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. Powers of attorney authorizing agents or Others to sign proposals must be properly certified and must be i; writing and submitted wit!--- the iththe proposal. The proposal shall be executed in ink. Each proposal shall beenclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed an the outside of the envelope in the following, manneK; (a) Bidder's name (b) Proposal for (description of the project). Bid proposals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no proposal may be withdraw; or altered thereafter. Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following-n- (a) ollowing: (a) Notice to Bidders. (b) General instructions to Bidders, (c) Bidder's Proposal. (d) Statutory Bonds (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. (j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulk; or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 9 BID PROPOSAL BID FOR LUMP SUM CONTRACTS PLACE__ 324 Municipal —Drive _-- DATE ---- July -25, 1985—_�_____ PROJECT N0. 89-0001-40003-921403 Proposal of Plains Pump Company (hereinafter called Bidder)---w----- To the Honorable Mayor and City Council City of Lubbock:, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your invitation, for bids for the construction of a Installation of Vehicle Lifts at the City Garage --------------------------------------------------------------- having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the proposed wort:', 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 sot forth, therein and at the price stated below. The pride to cover all expenses incurred in Performing the work: required under the contract documents, of which this proposal is to be a part, is as follows: _— -----Eighteen —thousandfive hundred— -- fifty-two & no/100-------- ----------------------------------------- - ------------------------------------- ($__L8_2 5 5 2_ 0 0 _ ) (Amount shall be shown in both words and figures. In case of discrepancy, the mount shown In words shall govern.) lir 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 __________ consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of______________ 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 and agrees that this bid proposal shall be completed and submitted in accordance with instruction number 18 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all gids and to waive any -formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving kids. 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 Certified Check: for ------------------------------------Dollars A _) or a Proposal Bond in the sum of 5% of —total bid _ ___Dollars {----_—_—_—_—__ --) , wh�i�_h—it—is agr•ee� —sl►a] ]—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 doc=uments and the required bond (if any) with the Owner within ter, (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. _21 Bidder understands and agrees that the contract to be exe!::u,Led by Bidder shall be bound and include all contract documents glade available to him for His inspection in accordance with, the No -Lice to Bidders. _Plains Pump—Company C o —0 r --- / —------^----- BY ------------------------------- (Seal if Bidder is a Corporation) ATTEST: Secretary -------- ------------------- --------- PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, x The Kastman Agency EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. 0. Box 3070 Lubbock, Texas 79452 COMPANIES AFFORDING COVERAGE COMPANY A LETTER National Standard Insurance Company COMPANY B INSURED LETTER Northern Ins. CO. of New York Bill Grabber dba Grabber Construction COMPANY Company & Plains Pump LETTER C United States Fire. Insurance Company P. 0. Box 5737 COMPANY Lubbock, Texas 79417 LETTER COMPANY iE LETTER THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W" ITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN, 18, SUBJECTTO ALL THE TEAMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MWDD" LIABILITY LIMITS IN THOUSANDS IEACH OCCURRENCE AGGREGATE GENERAL LIABILITY BODILY B x COMPREHENSIVE FORM TMP 48034366 2/28/85 2/28/86 INJURY $300 $600 PROPERTY X PREMISES/OPERATIONS UNDERGROUND DAMAGE $100 $100 EXPLOSION & COLLAPSE HAZARD X PRODUCTS/COMPLETED OPERATIONS CONTRACTUAL BI & PD COMBINED $ $ X INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE X PERSONAL INJURY PERSONAL INJURY $ 100 A AUTOMOBILE LIABILITY DILY BODILY X ANY AUTO (PER PERSON) $ 250 ALL OWNED AUTOS (PRIV. PASS.) GL67463007 7/1/85 7/1/86 BODILY (OTHER ALL OWNED AUTOS (OTHER THAN PASS. i - )PEA ACCIDENT) $ 500 PROPERTY X HIRED AUTOS X NON -OWNED AUTOS DAMAGE $ 100 y BI & PD COMBINED $��- GARAGE LIABILITY EXCESS LIABILITY C x UMBRELLA FORM 523 4087322 2/28/85 2/28/86 COMBINED $ 1,000, $ OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION STATUTORY $ 500 (EACH ACCIDENT) A AND TC 6 2145047 7/1/85 7/1/86 $ 500 (DISEASE -POLICY LIMIT) EMPLOYERS' LIABILITY i' a. - $ 500 (DISEASE -EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESISPECIAL ITEMS • e • City Of Lubbock SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRAT 0,N DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO P. 0. BOX 2000 i MAIL U DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Lubbock, Texas 79408 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBL ATION OR LIABILITY OF ANY KIND UPON THE COMPANY ITS A ENTS OR REPRES TATIVES. AUTHORIZED REPRESENTATIVE --�L� Attn: Ken Olson THE KASTMAN AGENCY • � • � e e e CONTRACT ` STATE O� T�XAS COUNTY OF LUBBOCK THIS A{�REEMENT, made and entered into this _22__ day of Augnst_______� A.D. �985; b; ar!d betw�en the City of Lubbock, is r. o� �ubbock; ��t�te of Texas, actin� b� and throu�h _Alan Henry Ma;or� thereunto authori�ed t� do so, herein�fter re�erred to as Plains Pump Company OWN�R, and of the City of Lubbock__________, County of Lubb�ock_____________ and the State of I����hereinafter termed CONTRATOR. WITN���S�TH: That for and i; c�nsideration of the ��;ments and agreements hereinafter me�tioned; to be made and �erformed by the OWNER and unde� the conditions ex�ressed in the bond beario� even date herewith (if an;) the CONTRACTOR hereby agrees with OWNER to commence and co��lete the construction of certain ov*m�nts described as follows: INSTALLATION OF VEHICLE LIFTS AT THE CITY GARAGE The OWNER a�``ees to �a� the C�NTRACTOR io c`/�`re'�t �u:'|s f�' �he �er�or�ance uf �he co:tr�ct io ��ccrdun�e wi�h ��e p�o�cs�` �ubm�t�ed t|�erefore, subject to �'jJi�io�s aod de�uctions, as i0O ^ l8 �5�� ` / , ^ - - ` ` ` ^ ` IN �,��� �HF�����' fh- part~es t� thes� ?res�nts have executed this agree�ent and day �irst ab�ve writt�n. ^ APP s Pump (;pmp any OL-" 16--t TITLE: manager_________________ ATTEST: �OMPLETE ADDR�SS: INDEX TO GENERAL CONDITIONS 2. 3. CONTRACTOR OWNER'S REPRESENTATIVE A", C _R Y.. DOCUMENTS 5. INTERPRETATION OF PHRASES 6. SUBCONTRACTOR 7. WRITTEN NOTICE. 8= W 0 RK 9. SUBSTANTIALLY COMPLETED -- !LAYOUT OF !I. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE: 12. RIGHT OF ENTRY AND HUD INSPECTION 13. LINES AND GRADES REPRESENTATIVE'S AUTHORITY AND DUTY i.:;. 0. SUPERINTENDENCE AND INSPECTIONS 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE 17. CONTRACTOR'S UNDERSTANDING '8 C Hil A T, OF W E. 1\411 .1. r 1% S I....' f -." Rl! '0'- COI T. 1 19. -07' . 20. SANITATION 21. OBSERVATION AND TESTIN(.-.i 22. DEFECTS AND THEIR REMEDIES 23. CHANGES AND ALTE RAT! 24. EXTRA WORK 25. DISCREPANCIES AND 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC 28. CONTRACTOR'S INSURANCE MATE R I ALIMIE A."J."Di EMENT AND SUPPLIES 30. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION 31. LAWS AND ORDINANCES 32. ASS! GNI'll"E.-IN-11- A.' 1-D 33. TIME FOR COMPLETION AND QUI DATED DAMAGES 34. TIME AND ORDER OF COMPLETIDI'--,.! 35. EXTENSION OF TIME 36. HINDRANCE AND DELAYS 37. QUANTITIES AND MEASUREMENTS 38. PROTECTION OF ADjOINING PROPERTY 39. PRICE FOR WORK 40. PAYROLLS AND B413IC PAYROL.L RECORDS OF CONTRACTOR AND SUBCONTRACTOR".-::." 42. POSTING WAGE DETERMINATION DECISION AND AUTHORIZED WAGE DEDUCTIONS 43. EMPLOYMENT OF LABORERS OR MECHANICS NOT LISTED IN AFO REBA! WAGE DETERMINATION DECISION 44. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY EMPLOYEES 45. UNDERPAYMENTS OF WAGES OR SALARIE'..'.3' 46. ANTICIPATED COSTS OF FRINGE BENEFITS 47. FRINGE BENEFITS NOT EXPRESSED 1 0 k-.*tF;-"*. 1 Y WAGE RATES 48. OVERTIME COMPENSATION REQUIRED BY CONTRACT WORK HOUR"...' SAFETY STANDARDS ACT (76 STAT. 357-3601 TITLE 40 U.S.C.v SECTIONS 327-332) 1PL 49. El' _OYMENT OF APPRENTICES/TRAINEES 50. EMPLOYMENT OF CERTAIN PERSONS PROHIBITED -KM Ml 9"-1 I A N-�IANTI-KICKBACK TO 13C C"ALI-J.'-D., ACT" C PROCEED! [1..' TESTIMONY BY EMPLOYEE-.--.".- -AINTS3 53. CLAIMS AND DISPUTES PERTAINING TO WAGE RATES 54. QUEST! :C-INS CONCERNING CERTAIN FEDERAL STATUTES AND REGULATIONS 55. PAYMENTS 56. PARTIAL PAYMENTS F-1 I 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 TIME 62. OF FILING CLAIM.-..--.' 63. ARBITRATION 64. ABANDONMENT BY CONTRACTOR 65. ABANDONMENT BY OWNER 66. BONDS 67. SPECIAL CONDITIONS 68. LOSSES FROM NATURAL CAUSES 69. INDEPENDENT CONTRACTOI----. 76. CLEANING UP 71. SPECIAL EFOUAL OPPORTUNITY PROVISION-:".--. 72. CERTIFICATION OF COMPLIANCE! WITH AIR AND 14ATEFT AC0--' 2. 3~ /l^ 5~ 25 Whenever the word Owner, or the expression Party of the First Part, Or First Party, are used in this contract' it shall be understood as referring to the City of Lubbock, Texas. Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall be understood to mean the person, persons, co—partnership or corporation, to—wit: PLAINS PUMP COMPANY, LUBBOCK, TEXAS, who has agreed to perform the work embraced in this contract, or to his or their legal representative. Whenever the word Owner's Representative Or representative is used in this contract, it shall be understood as referring to.* KEN OLSON, GARAGE SUPERINTENDENT, CITY OF LUBBOCK, P. 0^ BOX 2000, LUBBOCK, TEXAS 79457—TELEPHONE 806- 762-6411^ EXT 2175 Under whose supervision these contract documents, including the plans and specifications, were prepared, and who will inspect constructions; or to such other representative, supervisor, or inspector as may be authorized by said Owner to act in any Particular under this agreement. Engineers, supervisor or inspectors will act for the Owner under the direction Of Owner's Representative, but shall not directly supervise the Contractor or men acting in behalf of the CODtractOr- The contract documents shall consist Of the Notice to Bidders~ General Instructions to Bidders, Proposal, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, InsVrance Certificate, and all other documents made available to Bidder for his inspection in accordance with the Notice to Bidders. Whenever the words "Directed,'' "Permitted,'' "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, if shall be understood that the direction, requirement, permission, order, designation Or 6. MW prescription of the Owner's Representative is intended; and similaplyg the words "Approved," "Acceptable,'' "SatiSfa&OPW or wnrdq W libp imonnf chAll mnmn nnnonwa.-I by or acceptable or satisfactory to the Owner's Representative. Whenever in the Specifications or drawings accompanying this. a9reement, the terms of description of various qualities relative to finish, workmanship, or other qualities of similar kind which cannot, from their nature, be speci--- fically 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 ofthe fulfillment of said Specifica- -- tionsshall be decided by the Owner's Representative, and said work shall be done in accordance with hDi... interpretations of the meaning of the words, terms, or clauses defining the character of the work. The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the Project contemplated by these contract documents, but said Subcontractors will Knb PUKHqiVP7V N -1 - Contractor for any payments due Subcontractai 7:. IWJ . �15 I -CE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to him who gives the notice. Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment., tools, superintendence, labor, insurance, and all water5 light, power, fuel, transportation and all other facilities necessary for the execution and completion of the warik.: covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known5 technical a,-. trade meaning shall be held to refer to such recognized, standards. A ' ' All work shail be done and all materials furnished in strict conformity with the contract documents, 9. LLAJNELLTLY EF Liz -1 I3"2 The term "Substantially Completed" is meant that the structure or Project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment., 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 Repre— sentative. The Ownep'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. The Contractor shall be furnished with .... ONE...... copies, of all Plans, Profiles and Specifications without expense to him and he shall keep one copy of same consistently accessible on the job site,, 12. The Owner's Representative may make periodic visits to the site to observe the progress of quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. He will not be required to make exhaustive or continuous on—site inspections to check the quality or quantity of the work5 nor will he be responsible for the construction meansi methods, techniques, sequences or procedures, or the safety precautions incident thereto. His efforts will 'i towards providing assurances for the Owner that the completed project will conform to the requirements of the contract documents9 but he will not be responsible for the Contractor's failure to perform the work in accordance witVI 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 guard the Owner against defects and deficiencies in the work of the Contractor. 14 All lines and orades shall be furnished by the Representative whenever necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend 1 work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as bpY.-. as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and qrades will hP nPPdPd. All cimpom. MMONC. etc., shall be carefully preserved by the Contractor, case of careless destruction or removal by hin his Subcontractors, or his employees, such ar stakes, mks5 shall be replaced by the Owner's Representative at Contractor's expense. Unless otherwise specifiedg it is mutually agreed between the parties to this Agreement that the Owner's Representa— tive shall review all work included herein. He has the authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract, in order to limit delays and disputes and to discourage litigation, it is further agreed that the Owner's Repre--- sentative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under this contract. He shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The Owner's Representative's estimates and findings shall be conditions precedent to the right of the parties hereto to arbitration or to any action Ti the contract, and to any rights of the Contractor to receive any money under this contract; provided, however, that should Owner's Representative 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". -i. Representative within 30 days his written objection to the decision or direction so rendered, and by such action may reserve the right to submit the questions so raised to arbitration as hereinafter provided. it is the intent of this Agreement that there shall be no delay in the execution of the work, therefore, written decisions or direction of the Owner's Representative as rendered shall be promptly carried out, and any claim arising therefrom shall be thereafter adjusted to arbitration as hereinafter provided. The Owner's Representative sha!15 within a reasonable time, render and deliver to both the Owner and the Contractor written decision an all claims of the parties hereto and o�- all questions which may arise relative to the execution of the work or the interpretation of the contract; specifica— tions Should the Owner's Representative fail to and plans. 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. 15. It is agreed by the Contractor that the Owner's, Representative 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 done Under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. 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 instructions of any subordinate e;gin2ers5 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 inspector, the Contractor may within six (6) days make written appeal to the Owner's Representative for his decision. 16. 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 an; 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 b; 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 The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of his agents or employees, or any other persons performing any of the work. 17. 18. 19. it is understood and agreed that the Contractor has, b; careful examination, satisfied himself as to the nature and location of the work; the confirmation of the ground, the character; quality and quantify 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 effect the work under this contract. No verbal agreement or conversation with any officer, agent; or employee of the Owner; either before or after the execution of this contract, shall effect or modify an; of the terms or obligations herein contained. The Contractor agrees to employ only orderly and competent workers; skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform him in writing that any worker or workers on the work are, i; his opinion; incompetent, unfaithful, or disorderin such worker-- or orkeror workers shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. The Contractor shall provide all labor; tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also Understood that Owner shall not be held responsible for the care, preservation; conservation, or protection of an; materials; tools, equipment or machinery or an; part of the work until it is finally completed and accepted. The building of structures for the housing of men 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 structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. The owner will provide such right—of—way and working easements as are indicated on the construction plans for the project. Any additional working space other than that indicated on the project plans shall be obtained b; the Contractor at n; cost to the Owner . If the Contractor deems it necessary to obtain additional space for materials storage of for any other reason, the Contractor shall protect and hold the Owner harmless from any and all claims resulting from the Use 20. 21. of encroachments upon or damage to such crDne| Further, before final payment the Contractor shall furnish the Owner with a written statement from each landowner whose property was used indicating that the property was restored to a condition satisfactory to such landowner. Necessary sanitary conveniences for the use of laborers on fhe 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 Representative and their use shall be strictl; The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the work. Contractor shall make necessary arrangements and provide Proper facilities and access for such observation and testing at any location wherever work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be contemplated b; Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be read; for such observation. Owner Owner's Represent ative may reject an; work found tE be defective or not i; 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's Observer has previously accepted the work through oversight or otherwise. If any work should be covered without approval or consent of the Owner, it mustj if requested b; Owner or Owner's Representative; be uncovered for examination at Contractor's expense. in the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner/s Represenfative t o make observatioPs of such work or require testing Of said work; then i; such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspectioD; testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be 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 Representative, it must, if requested b; 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 require- ments 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. RHrh dpfprfivp work shall be corrected at the Contractor's expense, Neither observations by the Owner or Owner's Reppesentative...., nor inspectionsv testsu or approvals made by Owner, Owner'.-:; Representativeu or other persons authorized under thi--s agreement to make such inspections, tests, or approvals shall reliev the Contractor from his obligation to perform the work in accordance with the requirements of the contract documents. 22 --I ' U- FE Ur E *1 - -, EE it is further that if the agreed work or any part thereofl or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owners' Representative as unsuitable or not in conformity with plansg specification 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. it is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense,, 23. 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 or materials for the work herein contemplated, or any part thereof, either before or after the bepinninq of the conqtrMinn. withnn,'' affecting the validity of this contract and the accompanying bondr. if such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. if they increase the amount of workj and the increased work can fairly be classified under the specificationsv such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contracK 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 ars ork9 then the Owner shall recompense the Contractor for any material Or labor so used; and for any actual loss occasioned b; q:rh rhAnop. d/'P f: actual expenses incurred in Preparation for the work as originally planned. The term "extra work" as in this be ;either or (B) be agreed used contract shall {hen understood to mean and include all work that may be required b; the Owner or Owner's cent. Representative to be done by the Contractor to accomplish an; change, alteration or addition to the apply and the "actual field cosf" is hereby defined to include the cost of all workmenv such as foremen, work as shown on the plans and specifications 01-1 contract documents and not covered by Contractor's proposal, except as Provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the 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 the following methods' Method (A) — By agreed unit prices; or Method (B) — By agreed lump sum; or Method (C) — if Method (A) Method ;either or (B) be agreed upon before the extra work is commenced, {hen the Contractor be the field shall paid actual cost of the work; plus fifteen (15%) per cent. In the event said extra be for work performed and paid under Method (C), then the this provisions of paragraph shall apply and the "actual field cosf" is hereby defined to include the cost of all workmenv such as foremen, timekeepers, mechanics and laborers, 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' ---.i-,. 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 Representa— tive. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work the type kind and and of machinery and equipment to be used; otherwise, these matters shall be determined by the 254 A Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 00%g unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Whene practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. Th-.-...-- fifteen percent (15%) of the actual field cost t.... be paid to 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 maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost.'' No claim for extra work of any kind will be allowed unless ordered in writing by 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 written request to the Owner's Representative for a written opder 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 written request for writtenorder 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. it is further agreed that it is the intent of this contract that all work described in the proposal, the specifications5 plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents interpreted by Owner's Representative. if the Contractor finds any discrepancies or omissions in these plansl specifications, or contract documents, he should notify the Owners' Representative and obtain a clarification before the bids are received, and r...' such request is received by the Owner's Representative prior to the opening of bids, then it shall be considered that the Contractor fully understand. -L4, 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 anv -eques! tOr claPITIcatiOn Must be submitted no later than Five days prior to the opening of bids:; if at an; time the methods or equipment used by the Contractor 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. 27. The Contractor shall take out and procure a policy or policies of Workmen's Compensation insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workmen's Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others On or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the ''Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal; state Sr municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend, indemnify and save harmless the Owner and all of its officersv agents and employees from all suits, actions, or claims of any character whatsoever; brought for or on account of any injuries or damages received Cr sustained by an; person or persons or property, on account of any negligent act or fault of the Contractor or any sub— contractor; their agents or er:ployeesv in the execution and supervision of said contract, and the project which is the subject matter of this contract, on account of the failure of Contractor or an; subcontractor to provide necessary barricades, warning lights; or signs and will be required to pa; any judgment with costs which may be obtained against the Owner or any of its officers, agents; or employees including attorney's fees The safety Precautions taken shall be the sole responsibility of the Contractor; in his sole discretion as a; Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning 28;: am"ssions under this paragraph as the work progresses, are intended as reminders to the Contractor of his duty and shall not x_ as any assumption of duty to supervise safety precautions by either the Contractor or any of his subcontractors. The Contractor shall procure and carry at his sole cost and expense through the life of this contract5 insurance protection as hereinafter specified. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover Al operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractorn A. Comprehensive General Liability insurance The contractor shall have Comprehensive General Liability insurance with limits of $300,000 BodiV..., injuryand $300,000 Property Damage per occurrence to incl ude Premises and Operations Explosion & Collapse Hazarr.1 Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability independent Contractors Coverage Personal injury (with exclusion ... The City is to be named as an additional insured of-; this policy for this specific job, and copy of the endorsement doing so is to be attached to the Certificate of insurance. B. Owner's Protective or Contingent Public Liability insurance and Property Damage Liability insurancet, The Contractor shall obtain an Owner's Protective of-- Contingent Public Liability insurance Policy naming t! City of Lubbock as insured and the amount of such policy shall be as For bodily injuries, including accidental death; $500;000 Per occurrence, and $1009000 for Property Damage. C. Comprehensive Automobile Liability insurance The Contractor shall have Comprehensive Automobile Liability insurance with limits of not less than; Bodily Injury 250/500;00 Property Damage $100,000 to include all owned and no:—owned cars including Employers Non—ownership Liability Hired and Non—owng�::! Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of insurance. D. Builder's Risk insurance The Contractor Builder's shall obtain a Risk policy in the amount of ___________________________naming the (100% of potential loss) City of Lubbock as insured. E. Excess or Umbrella Liability insurance The Contractor shall have Excess or Umbrella Liabili insurance in the amount of . With coverage to correspona with Comprehensive General Liability and Comprehensive Automobile Liability coverages. The Cif; is to be named as an additional this policy for this sne[ific job and copy of tW-, endorsement doing so is to be attached to Certificate of insurance. F. Worker's Compensation and Employers Liability Insurance As required by State statute covering all employees whether employed by the Contractor or an; Subcontractor on the job with Employers Liability of at leas-,- $100,000 east$100,00() limit. G. Proof of Coverage Before work an this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence ", compliance with the above insurance requirements... signed by an authorized representative of the insurance company setting forth-; (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. v. •_.:: The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate,, (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. '•..»? .•' A provision that the policy may be cancelled only by mailing written notice to the named insured at the address shown in the bid specifications.. (6) A provision that written notice shall be given to the City ten days prior to any change in ai--- cancellation of the policies shown an the certificate. (7) The certificate or certificates shall be an the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. 2" QJF ......... . ... I..) f. - _F JQ... 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 supplieps, including commissary, incurred in the furtherance of the performance of this contracV, 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 wic hh such indebtedness shall rema n unpaid, withhold - I from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness. 30. ��. Any and all communications between any party under this paragraph must be in writing. 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 an; 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 'specified or required in these contract documents b; 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 %--- such orsuch loss unless he promptly gives written notice to the Owner of such infringement. The Contractor shall at all times observe and comply witb all federal, state and local laws; ordinances and regulations, which in an; manner effect the contract or the work; and shall indemnify and save harmless the Owner against any claims arising from the violation of an; 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 Owners' Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws: ordinances; rules and regulations, and without such notice to the Owner's Representative, he shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insular as the same regulates the objects for which, or the manner in which; or the conditions under which the Owner may enter into contracts, shall be controlling; and shall be considered as nart of this contract to the same effect as Lou:y: c:uumeu //U,mi: �?. 33. [hg Contractor further agrees that he will retain control and will give his personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials reouired in the nprfnrmA:rp n; |hiq rnntrPr|= shall not relieve the Contractor from his full obligations to the Owner, as provided by this contractual agreement. It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract of work to be done hereunder 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. if the Contractor should neglect, fail; or refuse t� complete the work within the time herein specified; or any proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation; the sum of FIVE HUNDRED Dollars ($500.00), not as a penalty; but as liquidated damages for the breach of the contract as herein set forth for each and every calendar day that the Contractor shall be in default after the time stipulated for completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic change and conditions and usual industrial conditions prevailing in this ]Scality. The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty i; fixing and ascertaining actual damages the Owner would in such event sustain, and the amount is agreed to be damages the Owner would sustain and shall be retained by the Owner from current periodical estimates for payments or from final payment-. It is further agreed and understood between the Contractor and Owner that time is of the essence of this contract. 14. 35. �1 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 of 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 complete� as a whole and in part; in accordance with this contact, 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 b; contract or b; his own force, the Owner's Representative may direct the time and manner of constructing 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. 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 climati' range and industrial conditions prevailing in this locality and has considered the liquidated damage Provisions of paragraph 33 hereinabove set forth and that he shall not be entitled to; Dor will he request, an extension of time on this contract, except when his work has been delayed b; an act or neglect of the Owner; Owner's Representativei employees of the Owner or othpr r:nfr*r|:ra pm:In,pd h" +h,:, owner, or b; changes ordered in the work; or by strike; walk—outs, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for an extension of time, submitting therewith all written justification as may be required by Owner's Representative for such an extension as requested by Contpacfnr' Thp Ou:pr'n within ten (10) days after receipt of a written request an extension of timp hv thp UntrArfnr c.'"o",fpa k" =ii requested documentation shall then submit such written request to the Cit; Council of the City of Lubbock for thei consideration. Should the Contractnr divAorpp with fhn action of City Council on granting an extension of time, such disagreement shall be settled by arbitration as hereinafter provided. 37. 38. In executing the contract 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 hindrances 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 ordep 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 that is caused b; such stoppage shall be paid by Owner to Contractor. No extra or customary measurements of an; kind will be allowed, but the actual measured or computed length, area, solid contents. number and weiqht only shall be considered, unless otherwise specifically prov In the event this contract is let then Owner and Contractor agree that this contract, including the specificationn 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 approximate 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. The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such 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 40. MW not apply to any claim of any kind arising out of the existence or character of the work. in consideration of the furnishing of all necessary labor; equipment and material and the completion of all work by the Contractor, and o; the delivery of all materials embraced in this contract in full conformity with the specifications 6�d stipulations 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. The Contractor and each subcontractor shall prepare his payrolls on forms satisfactory to and in accordance with instructions to be furnished b; the Local Public Agency or Public Body. The Contractor shall submit weekly to the Local Public Agency or Public Body two certified copies o!; 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 Contractor shall be maintained during the course of the work and preserved for a period of 3 years thereafter. Such payrolls and basic payroll records shall contain the name and address of each such employee, his correct classification, 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 5.54)91)(iv) of Title 29, Code of Federal Regulations; that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis—Bacon Act, the Contractor or subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible; and that the plan or program has been communicated in writing to the laborers or mechanics affected; and records which show the costs anticipated of-- the rthe actual cost incurred in providing such benefits. The Contractor and each subcontractor make his employment - � - records with respect to person? employed b y -�i m the e �work covered by this Contractor available for inspection by authorized representatives of the Secretary of Housing and "- � ban 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. 41. (See Exhibit B: In excess of $25000) 42. All laborers and mechanics employed upon the work covered b; this Contract shall be paid unconditionally and not less often than once each week, and without subsequent deduction or rebate on any account (except such payroll deductions as are made mandatory by law and such other payroll deductions as are permitted by the applicable regulations issued by the Secretary of Labor; United States Department of Labor; pursuant to the Anti—Kickback Act hereinafter identified), the full amount due at time of payment computed'6t wage � rates not less than those contained in the wage determination decision of said Secretary of Labor (a copy of which is included in Exhibit B) regardless of any contractual relationship which may be alleged to exist between the Contractor or any subcontractor and such laborers and mechanics. oil laborers and mechanics employed upon such work shall bepaid in cash, except that Pa;ment may be by [heck 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 _ 5.50)(Wiv) of Title 29, Code of Federal Regulations. Also for the purpose of this clause, regular contributions made or costs incurred for more than a weekly period under plans; funds; or programs, but covering the particular weekly period, are deemed to be constructively made o--- incurred rincurred during such weekly period. 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 resnect to the various classification of laborers and mechanics employed and to be empio 43. 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, Any class of laborers or mechanics which ^pot listed in the wage determination~ which is to he'employed under the Contract will be classified or reclassified conformably 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 reclassification of a Particular class of laborers and mechanics to be used, the question accompanied b; the recommendation of the Local Public Agency or Public Body shall be referred to the Secretary of Labor for final determination. The transporting of materials and supplies to or from the site of the Project or Program to which this Contract pertains by the employees of the Contractor or of any subcontractor, and the manufacturing or furnishing of materials; articles, suPPlies; or equipment on the site of the Project or Program to which this Contract pertains by Person employed by the Contractor or by an; subcontractor, shall; for the purposes of this Contractor, and without limiting the ge|.prality of the foregoing provisions of this Contract, be deened to be work to which these Federal Labor Standards Provisions are applicable. in case of underpayment of wages by the ContrRctor or by any subcontractor to laborers or mechanics employed b; the Contractor or subcontractor upon the work covered by this Contra[t; 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 dug the Contractor, so much thereof as the Local Public Agency or Public Body may consider necessary to Pa; such laborers or mechanics the full amount ofwages required by this Contract. The amounts- wthhe]dmabe disbursed by the Local Public Agency or Public Body for and on account of the Contractor orthe -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. 46. ^ if the Contractor does not make payments to trustee or other third Person; he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing fringe benefits under a plan or- program rprogram of a type expressly listed in the wage determination decision of the Secretary of Labor which is 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 Acte.been M4' 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. A copy of an; findings made b; the Secretary of Labor in respect to fringe benefits being provided by the Contractor must be submitted to the Local Pubic Agency or Public Body with the first payroll filed by the Contractor subsequent to receipt of the findings. 47. _ 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 obligated to pay 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 br Public Body, shall be referred to the Secretary of Labor for determination. 48. (a) Overtime requirements. No Contractor or subcontractor contracting for any part of the Contract work which ma; 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 he is 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 at a rate not less than one and one—half times his basic rate of pay for all hours worked in excess of 8 hours i; an; calendar da; or in excess of 40 hours in such work week; as the case may be. (b) Violation: Liability for unpaid wages liquidated damages. in the event of any violation of the clause set forth in paragraph (a), the Contractor and an; subcontractor responsible therefore shall be liable to � an; affected employee for his unpaid wages. ^n addition; such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damwes shall be computed with respeci to each individual laborer or mechanic employed in violations 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 Y"i � hours without payment of the overtime wages required "y the clause set forth in paragraph (a). (c) Withholding for liquidated damages. The Local Public Agency or Public Body shall withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or 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). (d) Subcontracts. The Contractor shall insert in an; 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 subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may i; turn be made. 49. (a) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed and individually registered in a b�n� fide apprenticeship 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 a; apprentice. The allowable ratio of apprentices to journeymen in an; 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 subdivision (b) of this subparagraph 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 performed. 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 i; percentages of the journeymen hourly rates); for the area of construction prior to Using any apprentice 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 Apprentice 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. An; employee listed a; 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 performed. The contractor or subcontractor will be required to furnish the contracting officer Or a representative of the Wage—Hour Division of the U.S, Department of Labor written evidence of the certification of his program, the registration of the trainees, and the ratios and wage rates prescribed in that program. In the event the Bureau of Apprenticeship and Training withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved (c> Equal Employment Opportunity. The utilization al`- apprentices, fapprentices, 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. 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. ' 51. The Contractor shall comply with the applicable regulations (see Exhibit A a copy of which is attached and herein incorporated by reference) of the Secretary of Labor; Unite! :111 Department of Labor, made pursuant to the so—called "Anti—Kickback Act: of June 13, 1934 (48 Stat. 948:62Staf. 8621 Title U.S.C.v Section 874; and Title 40 U.S.C.; Section 2760; and any amendments or modifications thereof, shall cause appropriate Provisions to be inserted in subcontracts to insure compliance therewith b; all subcontractors subject thereto; and shall be responsible for the submission of affidavits required b; subcontractors thereunder, except as said Secretary of Labor may specifically provide for reasonable limitations, variations, tolerances, and exemptions from the requirements thereDf. 52. No laborer or mechanic to whom the wage, salary; or other labor standards provision~ of this Contract are applicable shall be discharged or in any other manner discriminated against b; the Contractor or .any subcontractor because such employee has filed any complaint or instituted or caused to be instituted an; 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. 53. Claims and disputes pertaining to wage rates or to classifications of laborers and_mecha[ics_employed upon the work covered by this Contract shall be promptly reported by the Contractor i: writing to the Local public Agency or Public Body for referral by the latter to the Secretary of Labor, United States Department of Labor, whose decision shall be final .with respect thereto. 54. All questions arising under this Contract !which relate to the application or interpretation of (a) the aforesaid Anti— Kickback Act, (b) the Contract Work House and Safety Standards Act, (c) the aforesaid David—Bacon act, (d) the regulations issued by the Secretary of Labor, United Statec.i. Department of Labor, pursuant to said /Acts, or (e) the labor standards provisions of any other pertinent Federal statue, 55. shall be referred; through the Local Public Agency or Public Body to the Secretary of Labor; United States Department of Labor; for said Secretary's appropriate ruling or interpretation which shall be authoritative and may be relied upon for the purposes of this Contract. No payments made :r 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 rpayment be considered as acceptance of defective work. Contractor shall at an; time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is madev Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises b; reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner which have not theretofore been timely filed as provided in this contract. 56.WILL i On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment. Owner's Representative shall review said application for partial payment and the progress of the work made b; the Contractor and if found to be in order shall prepare a certificate for Partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month; said statement shall also include the value of all sound materials delivered on site of the work that are to be fabricated into the work. The Owner shall then pay the Contractor on Or before the fifteenth day of the current month the total amount of the Owner's Representative's Certifi!�a|e_ofPartial Payment, less 10% of the amount thereof, which 10% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained b; Owner under the terms of this agreement. it is understood; however; that in case the whole work be near to completion, and this fact is certified to by Owner's Representative and some unexpected and some unusual delay occurs due to no fault or negligence on the part of the Contractor, the Owner may upon written recommendation of Owner's Representative pay a reasonable and equitable portion of the retained percentage due Contractor. D7. 58. 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 ar substantially completed in accordance with the contract documents; the Owner's Representative shall issue to the Owner and Contractor his certificate ocompletion, and thereupon it shall be the duty of the Owner within thirty— one (31) days to issue a certificate of acceptance of the work to the Contractor. Upon the issuance of the certificate 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 term� of the agreement; and shall certify same to the Owner; who shall pay to the Contractor on or before the 30th calendar da; after the date of certificate of completion, the balance due Contractor under the terms of this agreement, Provide?:! he has fully performed his contractual obligations under the terms of this contract; and said payment shall become due in any event upon said performance by the CoOtractop. Neither the certificate of acceptance nor the final payment, nor any provisions in the contract documents shallrelieve the Contractor of the obligation for fulfillment of any warranty which may be required in the special conditions (if an;) of this contract or required in the specifications made a part !T MP UMDV 59. 60. Contractor shall promptly remove from Owners' premises all materials condemned b; the Owner's Representative on account of failure to conform to the contract, whether actually incorporated i; the work or not, and Contractor shall at his own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If 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. Neither the final Payment nor certificate nor any Provision in this contract shall relieve the Contractor of 61. 62. 63. responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for an; damage to other work resulting 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. The Owner may, on account of subsequently discovered evidence; withhold or nullify the whole or part of any certificate 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 fz\zng o| c!alms (c) Failure of the Contractor to Make payments Promptly to subcontractors or for materials or labor. (d) Damage to another contractor. When the above grounds are removed, or the provides a surety bond satisfactory to the protect the Owner in the amount withheld, made for amounts withheld because of them. Contractor Owner, which will payment shall be It is further agreed b; both parties hereto that Al 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 �wner's Representative has given any directions, order or instruction to which the Contractor desires to take exception. The Owners/ 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 Oyner"s Representative and the Owner i; writing within ten (|i}) days after the date of delivery to 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 b; either party, except where noted otherwise in the contract documents. All questions of dispute under thisagreement shall be submitted to arbitration at the request of either party to 64. the dispute. The p��ti�� ��; agree Upon one arbitrator, otherwise; there shall be three; one named in writing b; each party and the third chosen by the two arbiters selected; or if the arbiters fail to select a third within ten (10) days, he shall be chosen by the District Judge, 72nd Judicial District of Texas. Each 'arbiter shall be 6 resident of the City of Lubbock. Should the party demanding arbitration fail to name a; arbiter within ten (10) days of the demandq 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 an; papers or information demanded in writing, the arbiters are empowered by both parties to take Ex Parte proceedings. The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract, unless either or both parties shall appeal within ten (10) days from date of the award b; 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 Arbitration Statutes of Texas; being Article 224, et seq.3 Vernon's Annotated Civil Statutes. _ THE DECISION OF THE � � n ARBITERS UPON ANY QUESTION SU MITTED TO ARBTTRATIO.. UN.ER � THI� CONT�A�T SHALL BE A CONDITION PRECEDENT TO ANY RIGHT OF LMHL MWIum. The arbiters; if they deem the case demands it; are authorized 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 damaues 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. In [ase 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, this Agreement, or the Specifications hereto attached, then the Surety on the bond shall be notified in writine and directed to complete the work and a cop; of said notice shall be delivered to the Contractor. �fter 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 an; rental or credit therefore (except when used in connection with Extra Work' where credit shall be allowed a� provided for under paragraph 24 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 i; the final settlement. In case the Surety should fail to Commence Compliance with the notice for completion herein before Provided for within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners'. (a) The Owner may employ such force of |oe; 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, materials 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 ma,- thereafter aythereafter at .a;; 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/op his Surety shall pa; the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required b; law; at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and [onditions 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 SHM-ll have been substantially cowleted; the Contractor and his Surety shall be so notified and certificates of completion and acceptance; as provided in paragraph 47 hereinabove set forth, shall be issued. A complete itemized statement of the contract accou|ts, ' certified to b; Owner's Representative as being dorrect shall then be prepared and delivered to Contractor and his Surety; whereon the Contractor or his Surety, or the Owne, as the case may be, shall pay the balance due as reflected by said statement within 30 calendar 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 b; tht� Contractor under the terms of this contract, or when the Contractor and/or his Surety shall pa; 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 Suret;. 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 kereinabove; and there remains a;; machinery, equipment, tools; materials or supplies o; 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 ;et 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 any machinery, equipment; tools; materials, a.--- supplies rsupplies which remain on the jobsite and belong to persons other than the Contractor or his Surety, to their proper owners. 65. 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 machiner;; tools, and equipment, 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 OWPgP'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 the attached proposal, the value of all partially completed work at a fair and equitable price; and the amount of all Extra Work performed at the prices agreed upon; or provided for by the terms of this contract, and a reasonable Sum to cover the cost of any Provisions made by the Contractor to carry the whole work to completion, and which cannot be utilized. The Owner's Representative shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this 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 balance shown by said final statement as due the Co3tractor, under the terms of this Agreement. 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 b; an approved Surety Company authorized to do business in the State of Texas. And it is further agreed that this contract shall not be in effect until such bonds are so furnished. 67. 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. 68. Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work to be donel or from the action of the elements, or from any unforeseen circumstance and the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shallbe sustained and borne by the Contractor at his own cost and expense. 69. 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 of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right ,to obServelon+ractor's work during his performance and to carry out the other perogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm; or corporation. 70. LLEARIMUE 71. The Contractor shall at all times keep the Premises free �� d from accumulation of debris caused " _Y the work, a» 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 room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. A. Activities and Contracts Not Subject to Executive Order 11246, As Amended. (Applicable to Federal assisted construction contracts and related subcontracts under $10,0:0) During the performance of this contract, the contractor agrees as follows: (1) The Contractor shall not discriminate against a;; 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 employment, 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 advertising layoff termination; rates of pay or other forms of compensation; and selection of or training, including apprenticeship. (7) Thg Contractor shall -PU-S-t in conspicuous places; available to employees and applicants for emplaymeDt; notices to be provided by Contracfin- 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) Contractors shall incorporate foregoing requirements i; all subcontracts. (Applicable to Federal assisted construction contracts and related subcontracts exceeding $10,0�0) During the Performance of this contract, the [ontractor agrees as followM (1) The contractor will n�� discriminate against any employee or applicant for employment because of race; color, religion; sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, 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 transfen recruitment or recruitment advertising; layoff Or termination; rates of pa; or other forms of compensation; and selection for training; including apprenticeship. The Contractor agrees to post in conspicuous placen available to employees applicants for employment, notices to be provided by the contracting officer setting forth the provisions all- this �this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by up 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'seDd to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advertising the said labor union or workers/ representatives of the Contractor's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) T�e to� Will comply with all provisions Of Executive Order 11246 of September 24, 1965, and of the regulations and relevant orders of the Secretary rules, of Labor. (5) The Contractor will furnish all information and reports required b; Executive Order 11246 of September 74; and orders of the 1965,a;d by the rules, regulations, Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts b; the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations; and orders. (/,) In the event of the contractor's noncompliance with the nondiscrimination clauses ofthis contract, or with any ` this contract of such rules; regulations, or oroers; t may be cancelled; terminated or suspended in whole or in part, and the Contractor may be declared ineligible further Government contracts or federal assisted for - � construction contract procedures authorized in Executive Order 11246 of September 24; 1965, or by rule; regulations, or order of the Secretary.of Labor, or as otherwise provided b; laws. (7) The Contractor will include the portion of the sentence (1) and the provisions immediately preceding paragraph of paragraphs (1) through (7) 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 ofSePtember 24' 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to an; subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance; Provided; however that in the event a becomes involvgd 05 Dr is threatened with; Contractor litigation with a subcontractor or vendor as a result of such direction b; the Department, the Contractor May request the United States to enter into such litigation to protect the interest of the United States. 72. (Applicable to Federal assisted construction contracts and related subcontracts exceeding $100,000) Compliance with Air and Water Acts During the performance of this contract, the contractor and all subcontractors shallcomply with the requirements of the Clean Air Act, as amended; 42 USC 1857 et seq., and the Federal Water Pollution CDntrol 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 nonexemp'r- contractors and subcontractops shall furnish to the ownen the followine'= (1) A stipulation by the Contractor or 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 Protection Agency (EPA) pursuant to T. -.*- CFR 15.20:z (2) Agreement by the contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 USC 1857c—S) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entryl reports •and information, as well as all other requirements specified in said Section 114 Section 308... and all regulations and guidelines issued thereundern (3) A stipulation that as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized, or to be utilized for the contracts, is under consideration to be listed on the EPA List of Violating Facilities. (4) Agreement F«y the Contractor that he will include, o - cause to be include, the criteria and requirements in paragraph .i. :3 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. ��H��TT � ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS SO—CALLED ''ANTI—KICKBACK ACT" AND REGULATIONS PROMULGAT�D PURSUANT THERETO BY THE SECRETARY OF LABOR., UNITED STATES DEPARTMENT OF LABOR TITLE 185 U.S., SECTION 874 (Replaces Section i of the Act of june13; 1934 (48 Stat~ 948940 U.S.C. Sec. 276b) pursuant tot he Act of June 25, 1948; 62 Stat. 862) KICKBACKS FROM PUBLIC WORKS EMPLOYEES Whoever; by force, intimidation; or threat of procuring., dismissal from en8ployr;enf; or by an; other manner whatsoever induces an; person employed in the construction, prosecution, completion or repair of an; public building, public work, or building or work financed in whole or in part b; 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 � OF' THE ACT OF_JiNE_135 1934, AS AMENDED (48 Stat. 9481 62 Stat. 8629 63 Stat. 108v 72 Stat. 967, 40 U.S.C., Sec 2760 The Secretary of Labor shall make |reasonable regulations for contractors and subcontractors engaged in the construction, prosecution, completion or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States, including a provision that each contractor and subcontractor shall furnish weekly a statement with respect to the wages paid each employee during the preceding week. Section 1001 of Title 18 (United States Code) shall apply to such statements. Pursuant to the aforesaid Anti—Kickback Act, the Secretary of Labor, United States Department of Labor, has promulgated the regulations hereinafter set forth; which regulations are found in Title 799 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 read as follows: TTT�� �9 - ���[)� Subtitle A - Office of the Secretary of Labor PART AND SUBC0T R ON PUBLIC BU DIOR PUBLIC WCRK FINANCED IN WHOLE OR IN p^"+ BY LOANS np'GRANTS FROM THE UNITED STATES Section 3.1 Purpose and scope. This Pari prescribes "anti -kickback, regulations under section 2 of the Act of June 13, 1934, as amended (40 UMC. 276c); popularly known as the Copeland Act. This part applies to an; 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 sta+utes dealing with Federal -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 Actv and the Housing Act of 1959), and in the enforcement of the overtime provisions of the Contract Work Hours Standards Act never they - - ---^- +�'- - -+-�~'�`��-th -- are applicable to construction wore. ...e par. detail? e obligation of contractors and subcontractors relative to the '. weekly submission of statements ~~"="din~ the ^ag'=s-Qid 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 Section 3.2 Definitions, As used in the regulations in this part: (a) The terms "buildings" or "work' generally includes construction .activity as distinguished from manufacturim furnishing of materials; o, servicing and maintenance work. The terms include, without limitation, buildings, structures; and improvements of all types, such as bridges, dams; plants, highways, parkways, streets, subwa;s; tunnels, sewers, mains, powerlines; pumping stations, railways, airports, terminals; docks; piers, wharves, ways; lighthouses, buoys, jetties5 breakwaters; levees; and canals; dredging; shoring, scaffolding, drilling; blasting; excavating; cleariog; 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 Stateagency ac�uires title to such materials; articles, supplies, or equipment during the course of the manufacture or furnishing, or owns the materials from which they are manufactured or furnished (is not a building' or xworV within the meaning of the regulations in this part. (b) The terms "condition", 'prosecution", "completion", or "repair", mean all types of work done on a particular building or work at the site thereof, including, without limitation, altering, remodeling, painting and decDratinn the transporting of materials and supplies to or from the building or work by the employees of the construction contractor or construction subcontractor, and the 0aDufa[turing.or furnishing of materials; articles; supplies, or equipment an 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 Part;, regardless of whether title thereof is in a federal agency. (d) The term "building or work financed in whole or i; part by loans or grants from the United States" includes building ar work for whose construction, prosecution, completion, or repair, as defined above; payment or part payment is made directly or indirectly from funds provided b; loans or grants b; a Federal agency. The term does nat include building or work for which Federal assistance is limited sole to loan guarantees or insurance. (e) Ever; person paid b; a contractor or subcontractor �s an; 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, and receiving "wages"; regardless of any contractual relationship alleged to exist between him and the real employer. (f) The term ,any affiliated person" includes a spousn, child;parent; or other [lose relative of the contractor or subcontractor, a partner or officer of the contractor or subcontractor, 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 theDis|rict of Columbia, including` corporations, all or substantially all of the stock of which is beneficially owned by the United States, by the District al- Columbia, fColumbia; or any of the foregoing departments; establishments9 agencies, and instrumePtalities. Section 3.3 Weekly statement with respect to payment of wages. IM (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 [oDtractyr or subcontractor engaged in the construction; prosecution; completion, or repair of an; 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 duri;� the preceeding 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 —H 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 he purchased at the Government Printing Office. (c) The requirements of this section shall not apply to any contract of $7,000 or less. W Upon a written finding b; the head of a Federal agency, the Secretary of Labor may provide reasonable limitations, variations, tolerances, and exemptions from the requirements Of- this fthis 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. 1001869 MY 17, i968) 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 at 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 timev to a Federal or State agency contracting for or financing the building or work. After such examination and [heck 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 coDtract. The payroll records shall set out accurately and completely the name and address of each laborer and mechanic, his correct classificationi rate of pay; daily and weekly Dumber of hours worked; deductions made, and actual paid. Such payroll records shall be made available at all for inspection by the contracting officer or his authorized representative, and b; authorized representatives at 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 siivations described in the paragraphs of this sectio; may be made without application to and approval of the Secretary of Labor: (a) An; deduction made in compliance with the requirements of Federal; State, or local law, such as Federal or State withholding income taxes and Federal social security taxes. (b) An; 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 i; such manner as to give him complete freedom of disposition of the advanced funds. (c) An; deduction of amounts required b; court process to be paid to another, unless the deduction is in favor of the � contractor, subcontractor or any affiliated person; or when collusion or collaboration exists. (d) Any deductions constituting a contribution on behalf of the person employed to funds established by the employer or representatives of employees, medical or hospital care, pensions or annuities on retirement, death benefits, compensation for injuries, illness; accidents, sickness, or disability, up for insurance to provide any of the foregoing; or unemployment benefits, vacation pa;; savings accounts; or similar Payments far 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 writin,_-.1 and in advance of theperiod 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 obtain d; directly or indirecflyv by the contractor or subcontractor or any affiliated person i; the form of commission, dividend, or otherwise; and (4) the deductions shall serve the convenience and interest of the employee. (e) An; deduction contributing toward the purchase of United States Defense Stamps and Bonds when voluntarily authorized by the employee. (t) ADy deduction requested by the employee to enable him to repay loans to or to purchase shares in credit unions organized 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 deduction to Pay regular union initiation fee''.- and eesand membership dugs, not including fines or special assessments: provided; however; that a collective bargaining agreement between the contractor or subcontractor and.representatives of its employees provides for such deductions and the deductions are not otherwise prohibited by law. (j) Any deduction not more than for the "reasonable cost" of board; lodging, or other facilities meeting the requirgments of section 3(m) of the Fair Labor Standards Act of 1938, as amended; and part 531 of this title. When such a deduction is made the additional records required under Section 516.27(a) of this title shall be kept. ' Section 3.6 Payroll deductions permissible with the approval of the Secretary of Labor. Any contractor or subcontractor may apply to the Secretary of Labor for Permission to make any deduction not Permitted under Section 3.5. (a) The contractor, subcontra[ton or any affiliated person does not make a Profit Or benefit directly or indirectly from the � deduction either in the form of a commission, dividend, or otherwise; (b) The deduction is not otherwise prohibited by law; (c) The deduction is either (1) voluntarily consented to b; the employee in writing and in advance of the periodinwhich the work is to be done and such consent is a condition /��\ either for ' �J d the obtaining of employment or its continuance, or .�. provide dl in a bona fide collective bargaining agreement between the contractor or subcontractor and representives of its employees; and (d) The deduction serves the convenience and interest of the employee. —ection 3.7 Applications for the approval of the Secretary of Labor. Any application for the making of Payroll deductions under Section 3.6 shall comply with the requirements prescribed in the following paragraphs of this section -4 (a) The application shall be in writing and shall be addressed to the Secretary of Labor. (b) The application shall identify the contract or contracts 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 ,inthe provisions of Section 3.6. The affirmation shall be accompanied by a full statement of the facts indicating such compliance. (d) The application shall include a description of the proposed deduction, the purpose to be served thereby, and the classes of laborers or mechanics from whose wages the proposed deduction would be made, (e) The application shall state the name and business of any third person to whom any funds obtained from the proposed deductions are to be transmitted and the affiliation of such person, if any, with the applicant. Sectio; 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 wpiting of his decision. Section 3.9 Prohibited payroll deductions. Deductions not elsewhere provided for b; 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 instruments 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 the Copeland Act. Section 3.11 Regulations part of contract. All contracts made with respect to the construction; prosecution, completion; or repair of an; public building or �rDr building �� �Dr� �i��nC�d i� whole �r in ��pt bypubl[w� 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 a�plable. In this regard, see Section �.� (�) of this subtitle. NOTICE OF ACCEPTANCE TO: Plains Pump Company P.O. Box 5037 Lubbock, Texas 79417 The City of Lubbock, having considered the proposals submitted and opened on the 25th day of July, 1985, for work to be done and materials to be furnished in and for: INSTALLATION OF VEHICLE LIFTS AT THE CITY GARAGE as set forth in detail in the Specifications, Plans, and Contract Documents for such work for the City of Lubbock; it appearing that your proposal is fair, equitable and to the best interest Of said City, please take notice that said proposal was accepted by 'the City Council of the City of Lubbock on the 22nd day of August, 1985° at the bid Price contained therein, subject to the execution of and furnishing of all other documents spmCified and required to be executed and furnished under the contract documents. It will be necessary for you to execute and furnish to the City Of Lubbock all Such documents within ten (10) days from your receipt Of this Notice. The five Percent (5%) bid security, submitted with yoor proposal, will be returned upon the execution of such contract documents and bonds within the above specified ten (20) day period~ In the event you should fail to execute and furnish such Contract documents and bonds within the time limit specified' said bid security will be retained by the City Of Lubbock~ [TTY OF LUBBOCK Purchasing Manager PART_1_Z_GEWAL 1.01: SCO�E: all labor. tools, equipment and materials to accomplish the Hydraulic Automobile Lift installation specified herein and shown on the drawing. B. QgyiQ and install three two plunger pad type vehicle lifts with a minimum 66° rise and a lifting capacity of 8,000 lbs. per unit. 1^02: QUALITY_ASSURANCE: A. must be the lift manufacturer or a licensee of the manufacturer, with not less than 5 years successful ex- perience with installation of similar lifts., shall be a member of the Automotive Lift In- stitute. ANSI B153.1, ASME 1.03: SUBMITTALS: Submit manufacturer's detailed technical product oataand installation instructions for each principal component or product, and include certified test reports on required testing. List and describe features of control system, perform- ances, and operating characteristics. Submit plans, elevations and details of car, lifts. Prepare diagrams to show service. Show excavation re- quirements for jack. Provide complete written installation instructions. ` C^ M�i�t���[l[���_M�[l����l�: Submit bound manual for each lift or group of lifts with operating and maintenance instructions, parts listing, recommended parts inventory listing, purchase source listing, for major and critical components, emergency instruc- tions, and similar information. 1^04: INITIAL_MADVTENANCE_AND_WARRANTY: A. 1. QgyiQ full maintenance service by skilled, competent em- ployees of the lift Installer for period of 12 months following date of substantial completion. include monthly preventive maintenance, performed during normal working hours. Include repair/replacement of worn or defective parts or components and lubrication, cleaning and adjusting as required for proper lift operation in conformance with specified requirements. 2. EaElUde only repair/replacement due to misuse, abuse, accidents or neglect caused by persons other than Installer's personnel. B. Wsmauty: 1. Provide special project warranty, signed by Contractor, instal- ler and Manufacturer, agreeing to replace/ repair/restore de- fective materials and workmanship of lift work during warranty period. "Defective" is hereby defined to include, but not by way of limitation, operation or control system failures, per- formances below required minimums, excessive wear, unusual deterioration or aging of materials or finishes, unsafe condi- HYDRAULIC AUTOMOBILE LIFT 14400 - 1 tions, the need for excessive maintenance, abnormal noise or vibration, and similar unusual, unexpected and unsatisfactory conditions. 2. The warranty period is 12 months starting on date of substan- tial completion of lift work. 1^04: PROJECT CONDITIONS: � the new lifts at existing concrete floor knockouts. B. E�i�ti��_Utiliti��: two 1 1/4" oil lines and one 1 1/2" air line at each knockout. 2.01: ACCATABLE_MANUFACTURER: Subject to compliance with req6ire- ments, provide products equivalent to Dover Corp.: Rotary, model DT028H, Mark IV. 2.02: MATERIALS AND COMPONENTS: A. G������l_R�g�i�����t: Provide complete pre-engineered lift sys- tem complying with the requirements of these specifications. 1. QngEMl: Provide single -acting, hydraulic two-plunger/cylinder unit for each lift, with ASME tank, superstructure yokes, arms, adapters, hydraulic jacks, equalizer assembly, housing, cover and control system equipment required. 2. pioihg: Provide size, type and weight piping recommended by manufacturer, connect to existing stub -outs. 3. lummuta: Furnish required concrete anchorage devices for the installation of guides machinery and other components of lift work. 4. F�����_��d_p�d�: Welded steel units designed to withstand im- pacts and loadings indicated. 5. Cg[d��gl_S���t��§���: Provide control system for each lift; includ- ing oil valve, air valve, positioning handles, wheel dish, oil gage, muffler, low oil control and automatic locking device. 6^ Cg���g�ig[l_R���i��t��t~Cg��ti��: Each in ground jack assembly shall be encased in a 1/8" thk. protective coating of fiber- glass reinforced polyester. 2.03: MISCELLANEOUS MATERIALS H. CgU&CUtE: 3000 lb. min. 28 day strength; 2" to 3" slump., B. Qnd: Fine grained, free of deliterious materials, organic matter and lumps. C. ReQforc0yge[lt: #4, deformed bars, ASTM A615, Grade 60. D. QglgE: Sonneborn; "Sonothane"; transparent. E^ QgviQ all fasteners, nuts, bolts, screws, washers to accomplish the work. PART_3_�_EXECUTI8N 3.01: DEMOLITlON: Remove existing concrete knockouts and adjacent concrete slab as required to install systems. Find and expose existing utility lines. Saw cut concrete and enlarge knockouts to accommodate lift configuration. HYDRAULIC AUTOMOBILE LIFT 14400 - 2 3^02: INSTALLATION_OF_LIFT_SYSTEM: A. QgCal: Comply with manufacturer`s instructions and recommen- dations for work required during installation. B^ C000001100: Coordinate lift work with work of other trades, for proper time and sequence to avoid construction delays. Use benchmarks, lines and levels designated to ensure dimensional coordination of the work. C. E���>��tig[l_f��[�_J�[�k� Excavate each pit to accommodate installa- tion of plunger -cylinder unit, piping and oil storage tank. D. l���t�ll_�lL��g������li�d��_L�2it�� Plumb and accurately centered for position and travel; anchor securely in place, pouring concrete foundation required. Set oil tank and make all connec- tions required for proper operation. E. InMQll_[li[li[lg underground. Make connection with existing piping. Wrap underground piping with permanent protective wrapping before backfilling. Install control systems, operat- ing valves, low oil controls, automatic leveling and locking devices. F. Fill void with sand using 8" max. lifts. Compact to 95% stan- dard proctor. G. Bgplggg concrete slab; A" thick reinforced at 8" on centereach way. Reinforce penetrations in slab with #4 diagonally on four sides. M. ARply one coat of sealer to new concrete. I~ Qbrigato operating parts of systems as recommended by manu- facturers. Fill system with oil and bleed excess air from lines. wheel dish. 5,03: FIELD QUALITY CONTR Upon nominal completion of each lift in- stallation, and before permitting use of lift, perform accep- tance tests. B. AdQpt, Owner, Architect and inspection department of governing agencies, in advance of dates and times tests are to be per-- formed on elevators. 3.04: INSTRUCTION AND MAINTENANCE A. �2�t����t O����,��_����g1 in proper use, operations and daily maintenance of lifts. Train Owner's personnel in normal proce- dures to be followed in checking for sources of operational failures or malfunctions. Confer with Owneron requirements for a complete maintenance program. B. M�ke_�_fbl�l_�h��k of each lift operation, with Owner's person- nel present and just prior to date of substantial completion. Determine that control systems and operating devices are fun- ctioning properly. END OF SECTION 14400 HYDRAULIC AUTOMOBILE LIFT 14400 - 3 1 p , LA _ 4 1 [4 -21 46 zz 2 X r 4w } AM W A h ? 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'..-+o' '. 7. '=_{ .. rvh `-� y• P- P O _ -0 00 O !•' f. L C C - < n 16 ,/I .. _ . - ,G. O . J R V L I L •^ •� L O^ � W l ^ ^ L L •• C V C C U J •� - ^i aL O C L L In C'- ^O YC - - - C�.L L 4 .. <CYcTJ Z c C O UC O'�^J^��•Q F2 E^ _ ofE CCLL_���� r�uoq.axcc c�_^.. icCi ELVL c, -b C G• 47 G L p ... P -+ C C^ .. L y .> E 3 .. O c 'y. ✓ C. ^_ C c .. U + c L e cv^cLC CCL - • S N G " C '�Y 4 v p C L✓ C 7 T O C P �. �. r ?• •- O CG' G •- ...C�^=2C p[ G' S___. .. c - - O L cr a .-• C F: P O >. x L' C ae- V G s .e p 1 r a .. u .y U .• 1 �� a u o e c_ .� I G' L I i e_ ..• c, "t C _� G L < F C :• x 0 0 ^ . a,.•C C C C C - 4 L -. ^ .. f.— .+ L.~T. O.- - C •. _ J - � - >U•.E. U4LY- _ Federal Rep ster / Vol. 49. No. 185 % Friday, September 21, 1984 / Notices 372=1 N� t: if �qq U u .-. . .. - ~ Y O V 6 O L O Ci G U. 0 M F z ^. .a 7 mC u ON 7. GC G M-..� mi Va o � .'+ F U hi U F o T :. G o OS u s- • a -.. - . C I V CG: c z X ••'T O M o. z .o IC r. 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Ems•=v I u - 6 C7Y L °;L Or -11F0 > qi [ 000 rON C.•lOy etL L q '. -.. 0 �y dr 3S U :`�'� TVrr CCr Y 4Y5 U ...rvn<V. - q NU = i ✓D _ .. Z!^I --x C O O O C e 77 N O• 2 G.0 NGS O •.4rL �:a iC C W W O W /i y C '�L 77 _.,y yy��r T� O !/ M V C O O O C O a q q SEE..Cu.. -0E O E L t O = C b ••IL Y. - y^ C u w 00 3: V r 4 3 W ... 14. ..- a. - n p. -: C -, T t 0 . U;Cta*04']ay • v: o.•. r o C•t m .r _ 11 CiP IC. a.a EL t' L•••.Lr�o <"NO .. - -CI - i Federal Register / Vol. 50, No. 32 / Frda=:, February 15, 1985 / Notices F501 i + = ^ C C - v C. •s � �~n • r N N r t ^ N _ r O ij y 7 ✓ m� 7 3 }v t1 >• r 7 t• D J 4 O'C6 W 4w U7 to T� 4 K m z C6 W4 pV v mN P P (... � N H N • . r•1 • n 4 N N A n N Q N •N.1 t• 4 C J +J L .� .4 U E .a J Z 7 -• 7 W 4 .• Y v d J 4 4 -� 4 .• 'O 'O � C O V i e q p w K b V K 4 » b„C„Aoa0 ...�E C0Lq0 w CC4 O`E.C.iw.C,~�Cu qG°.`"_a o % C!+ C 4 q 4C NQx T Oma. s Ia 0 30Lu CI �. of U O �' 4 q 4 4 PL h 4 U b 11IN C O 4 L T b :c ..• .>. .w Y ... G C. H Yt 4 W U N. 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L T G L •.i µ 0 4 U 0 C L T Q L L C 7 4 C 21 G Z� v) L U S 0.0-1 _E7 7 Resolution #2124 CITY OF LUBBOCK "NOTICE TO PROCEED" DATE ISSUED: SEPTEMBER 20, 1985 T0: PLAINS PUMP COMPANY BOX 5788 LUBBOCK, TEXAS 79417 PROJECT DESCRIPTION: PROVIDE LABOR AND MATERIALS TO INSTALL THREE VEHICLE PAD LIFTS AT THE CITY GARAGE, 324 MUNICIPAL DRIVE, AS RL= i THE ATTACHED SPECIFICATIONS AND IN ACCORDANCE WITH THE PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS RELATED TO PROJECT NUMBER 89-00001-40003-921403, BID NUMBER 8626, BID AMOUNT $18,552. 0WNERS REPRESENTATIVE: KEN OLSON, GARAGE SUPERINTENDENT CITY OF LUBBOCK P.O. BOX 2000 LUBBOCK, TEXAS 79457 TELEPHONE: 806-762-6411 EXT: 2175 TIME AND ORDER OF COMPLETION*. 90 CALENDAR DAYS AFTER START DATE OF SEPTEMBER 23, 1985 LIQUIDATED DAMAGES OF $500-00 ,FIVE HUNDRED DOLLARS) PER CALENDAR DAY MAY BE ASSESSED FOR FAILURE TO COMPLY WITH "TIME FOR COMPLETION AND LIQUIDATED DAMAGES" SECTION OF THE GENERAL CONDITIONS OF THE AGREEMENT. KEN OLSON GARAGE SUPERINTENDENT COPIES TO: RITA HARMON, ASSISTANT CITY MANAGER BILL PAYNE, DIRECTOR OF ADMINISTRATIVE SERVICES AAINETTE BOYD, CITY SECRETARY