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
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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