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HomeMy WebLinkAboutResolution - 815 - Contract - Holloway Co - Traffic Conduit, Loop 289 & Slide Road - 05/28/1981NAY E8 1981 (39) i RESOLUTION NO. 815 - 5/28/$1 AA:pc j RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract with Holloway Construction Company for the installation of traffic conduit, on Loop 289 and Slide Road, attached herewith which shall be spread upon the minutes o the Council and as spread upon the minutes of this Council shall constitute an be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 28th day o May ,1981. "0" B L McALIS ER, MAYOR ATTEST: 1AINA11 0-/Jl a-- Ev lyn Gaf ga, City ary-T eassuur,€t— APPR ED A CONTENT: 7 �l Bill McDaniel, Traffic Engineering Director APPROVED AS TO FORM: Angela A ms, Assistant City Attorney 1• r MAY 28 1981 kv i RESOLUTION NO. 815 - 5/28/8.1 Bid No. 6355 CITY OF LUBBOCK GENERAL REVENUE SHARING PROGRAM SPECIFICATIONS for TITLE INSTALLATION OF CONDUIT AND PULL ADDRESS LOOP 289 AND SLIDE ROAD GRS WO: 92- 4033-44535-114149 PREPARED BY: DEPARTMENT TRAFFIC ENGINEERING I N D E X 1. NOTICE TO BIDDERS' 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID PROPOSAL - BID FOR LUMP SLM CONTRACTS 4. PAYMENT BOND 5. PERF0RILANCE BOND 6. CERTIFICATE OF INSURANCE 7. CONTRACT 8. GENERAL CONDITIONS OF THE AGREMENT 9. SPECIFICATIONS & DRAWINGS AS ATTACHED 10. SPECIAL CONDITIONS AS ATTACHED : NOTICE TO BIDDERS Sealed proposals addressed to Floyd F. :Nesbitt, Director of Purchasing, City of Lubbock, Texas, will be received at the office of the Director of Purchasing, 916 Texas Avenue, Lubbock, Texas, until 4:00 o'clock p.m. on the 18th day of May ,.19 81, to furnish all labor and materials and perform.all work for the construction of the following described project: INSTALLATION OF CONDUIT AND PULL BOXES - LOOP 289 AND SLIDE ROAD After the expiration of the time and date above first written said sealed pro- posals will be opened by the Director of Purchasing at his office and publicly read aloud. It is the sole responsibility of the bidder to insure that his bid is actually in the office of Floyd P. Nesbitt, Director of Purchasing for the City of Lubbock, prior to the expiration of the date above first written. The City Council will consider the bids on the 28th day of May 19_§l, at City Hall Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any for- malities. The successful bidder will be required to furnish a performance bond and payment bond in accordance with Article.5160, Vernon's Ann.Civ.St., in the amount of 1007. of the totalcontract price in.the event that said contract price exceeds $25,000.00. If the contract price does not exceed $25,000.00 the said statutory bonds will not be required. Bidders are required to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 54: of _.the total amount'of the bid submitted as a guarantee that bidder will enter into_a contract and execute all necessary bonds (if required) within 10 days after notice of award_of_the contract to him. It. shall be each bidders sole responsibility to inspect the site of the work and to inform himself I regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. T"ne plans, specifications, proposal forms and contract documents may be ex- amined at the office of the Director of Purchasing for the City of Lubbock, Texas The above described project will be paid for in part or in whole from the General Revenue Sharing program.and the contract for this project must comply with the provisions of the Davis -Bacon Act which requires the payment of federal minimum wages. City of Lubbock BY: Floyd P. Nesbitt, Director of Purchasing Y j GENERAL INSTRUCTIONS TO BIDDERS 1. SCOPE OF WORK The work to be done under the contract documents shall consist of the following: / Installation of conduit and pull boxes - Loop 289 and Slide Road. The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accor- dance with contract documents. 2. CONTRACT DOCU1-MrTS All work covered by this contract shall be done in accordance with con- tract documents described in the General Conditions. All bidders shall be thoroughly familiar with all of the requirements set I orth 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. 3. PLANS FOR USE BY BIDDERS 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 bid without charge or forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. 4. TIME ANM ORDER FOR COMPLETION The construction covered by the contract documents shall be fully completed within 10 calendar days from the date specified in the i-Jotice to Proceed issued by the City of Lubbock to the successful 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 a 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. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. AFFIDAVITS OF BILLS PAID 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 pending., of which the Contractor has been notif ied. 7. MATERIALS AND WORJmkNSHIP The intent of these contract documents is that only materials and work- manship 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 incor- porated into the project. The presence or absence of a representative of the City on the construction site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality which the Oum er believes necessary to procure a satisfactory project. S. GUARANTEES All equipment and materials incorporated in the project and all construc- tion 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). 9. PLANS FOR THE CONTRACTOR The Contractor will be furnished 2 sets of drawings, 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 others, as required for proper prosecution of the work contemplated by the Contractor. i 10. PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conser- vation, 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 bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 11. TEXAS STATE SALES TAX This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase'. 12. PROTECTION OF SUBSURFACE LINES ANT STRUCTURES It shall be the Contractor's responsibility to prosecute the work con- templated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will fur- nish Contractor the location of all such underground lines and utilities of which'it has knowledge. However, such fact shall not relieve the Contractorofhis responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 13. BARRICADES Ar'D SAFETY MEASURES The Contractor shall, at his own expense, furnish and erect such barri- cades, fences, lights, and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be responsible for all damage to 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 by Contractor at his own cost and expense. i The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 14. EXPLOSIVES The use of explosives will not be permitted unless written permission to do so is obtained by 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 used, the Contractor shall use r 1• utmost care 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 by 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 Contractor`s intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they 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. 15. CONTRACTOR'S REPRESENTATIVE 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 successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. lb. INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the con- tract 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 subrogation. The insurance certificates furnished shall name the City as an additional insured and shall further state that all subcontractors are named as additional insureds, or in the alternative shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. 17. PROVISIONS CONCERNING ESCALATOR CLAUSES Proposals submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor 'or other items required for the project will be rejected and returned to the bidder without being considered. 18. PREPARATION OR PROPOSAL 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 words and numerals, for which he proposes W to do the work contemplated or furnish the materials required. Such prices 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 by him or his duly authorized agent. If a proposal is submitted by a firm, associa- tion, 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 b'e 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 in writing and submitted with the proposal. The proposal shall be executed in ink. Each proposal shall be enclosed in a sealed envelope, addressed as speci- fied in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: (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 withdrawn or altered thereafter. 19. BOU:N°D COPY OF CONTRACT DOCU.'ENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Proposal. (d) Statutory Bond (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 bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. BID PROPOSAL s BID FOR LMIP. SUM CONTRACTS PLACE Loon 289 and Slide Road DATE 5-1-81 PROJECT NO. 114149 Proposal of (hereinafter called "Bidder") To the Honorable Mayor and City Council City of. Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of a having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the proposed work, and being familar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work re- quired under the contract documents, of which this proposal is to be a part, is as follows: ($ • ) (Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on or 'before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within consecutive calendar days thereafter as stipulated in the specifications and other contr2ct 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 Instruc- tions to Bidders. Bidder understands that the Owner reserves. the right to reject any or all bids and to waive any formality in the bidding. The bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of 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 co.:.mence 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 ($ ) or a Proposal Bond is the sum of Dollars ($ ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required. bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said proposal; otherwise said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. IIA Contracto BY: (Seal if Bidder is a Corporation) TTE�T;1 . 1J ' r �Setret.a � - i i . _.. CrRTIFICATE OF I1SL��=hC= TJ: CITY 0. LUBBOCK Lubbock, Texas IS TO CEIRMIAT-F.'? TIHAT DATE: _ T}}.pe of __ roject: 114149 and Address Of insured) ==, at t.._ Gate of =his cer....-izate, ins-ured by t a Cor,,pan;' Mith respect to the ..US nes= C=cra_-:as: ..^.2r_ -.,c_ mer cest:ije-�, icr 'the tti'pes of in.su'rance a -.. ctr.►7r the O. the Standar- Dol2cles used by t.';i5 Cc: pan', , a_ G further Gesc:ibed. _Xce?tions to standard policy noted hereon n..'"PE OF INSURANCE ?olicv No Effective .xoires Limits of 'iabi'-tv en 1 s = rotec- Per Person C e tivc o: Contingent Per Occurence $ Liability Property Damage $ Cznzractor's Protec- Per Person ti•:e or Contingent Per Occurence S Liability Property Damage $ Aar tomob it e Per Person Per Occurence. Property Darage The foregoing Policies (do) (do not) cover all sub -contractors. Locations Covered: D=SC?I: T10N of Operations Covered r The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or cancelled by the insurer in less than the legal ti=e required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancel - la t.on . F.' = CO_ lEs 0= T::IS C.=TII'ICATE *:". _T IC S=:tiT TOTE 0� :ER. Game of insurer) By Title CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 28th day of May 31 A.D. 1981, by and between.the City of Lubbock, County of Lubbock, State of Texas, acting by and through Bill McAlister , Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Holloway Bros. Construction Inc. of the City of Lubbock , County of Lubbock 1� and State of Texas , hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CON- TRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: Installation of underground conduit, pull boxes, valve boxes, pull wire, and traffic signal mast arm concrete foundations as per specifications and drawings. and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete the same within- 10 days. For and in consideration of the aforementioned, Oumer hereby agrees to pay to the Contractor the sum of $_8,597.00 The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the -proposal submitted therefor, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. II7 WITNESS WHEREOF, the parties to these presents have executed this contract in six (6) counterparts, each of which shall be deemed an original, in the year amd day first above mentioned. CITY OF.LUBBOCK, TEXAS payor ATTEST: City Se (V 3� APPRO D AS TO CONTENT: Sim Be tra , Director of Planning APPROVED S TO FORM: Ange a Ad , Asst. City Attorney ATTEST: CONTRACTOR BY: r TITLE:, f i COMPLETE ADDRESS: 51 CZ�cL �u�.►y 79 S<!o S� GENERAL CONDITIONS OF THE AGREDIENT 1. O'WTER 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. 2. CONTRACTOR 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: Holloway Bros. Construction Inc. , who has agreed to perform the work embraced in this contract, or to his or their legal representative. 3. OUMER'S REPRESENTATIVE Vnenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to. Bill McDaniel and/or r1ami rarltnn Jr_ Traffic RnoinPoring � City Mall, Lubbock, Texas, under whose supervision these contract documents, including the plans- and specif- ications, were prepared, and who will inspect constructions; or to such other representative, supervisor, or inspector as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisor or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or men acting in behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract documents shall consist of the Notice to Bidders, General Instructions to Bidders, Proposal, Signed Agreement, Statutory Bonds (if re quired), General Conditions of the Agreement, Special Conditions of the Agree- ment (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for his inspection in accordance with the Notice to Bidders. 3.. INTERPRETATION OF -PHRASES Mienever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order,'designa- tion or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representa- tive. V-nenever in the Specifications or drawings accompanying this agreement, the terms of description of various qualities relative to,f inish, workmanship, or other qualities of similar kind which cannot, from their nature, be specifi- cally and clearly described and specified, butarenecessarily described in general terms, the fulfillment of which must depend on individual judgment, then, in all such cases, any question of the fulfillment of said Specifications shall be decided by the Owner's Representative, and said work shall be done in accordance with his interpretations of the meaning of the words, terms, or clauses defining the character of the work. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to him -who gives the notice. r S. WORK Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality.. The Con— tractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recog— nized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. .9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT OF WORK Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the N-ner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PL.4=4S ANT SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished with 2_ copies of all Plans, Pro- files and Specifications without expense to him and he shall keep one cop; of sane consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress and quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. He will -not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the work, nor will he be responsible for the construe - tion means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. His efforts will be directed towards providing assurances for the Owner that the completed project will conform to the requirements of the contract documents, but he will not be responsible for the Contractor's X ailure to perform the work in accordance with the Contract Documents. On the basis of his on-site observations, he will keep the Ou-ner informed of the pro- gress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of the Contractor. 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend his work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes,- marks, takes,marks, etc., shall be carefully preserved by the Contractor, and in of careless destruction or removal by him, his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 14. ONI'ER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative shall review all work included herein. He has the authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and disputes and to discourage litigation, it is further agreed that the Owner's Representative 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 pre- cedent to the right of the parties hereto to arbitration or to any action on the contract, and to any rights of the Contractor to receive any money under 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, Y 'either party may file with said Owner's, Representative within 30 days his written objection to the decision or direction so rendered, and by such action Way reserve the right to submit the question so raised to arbitration as hereinafter provided. It is the intent of this Agreement that there shall be no delay in the -execution of the work, therefore, written decisions or 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 shall, within a reasonable time, render and deliver to both the Owner and the. Contractor a written decision on all claims of the parties hereto and on all questions which may Iarise relative to the execution of the work or the interpretation of the contract, specifications and plans. Should the Owner's Representative fail to make such decision within a reasonable time, an appeal to arbitration may be taken as if his decision had been rendered against the party appealing. 15. SUPERINTENTENCE AND INSPECTION 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 therefor. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors, or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications, provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within six (6) days make written appeal to the Owner's Representative for his decision. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representa- tives 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 exclu- sive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of his agents or employees, or any other persons performing any of the work. -27. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examine tion, satisfied.himseif as to the nature and location of the work, the confir- mation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way effect the work under this contract. go 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 any of the terms or obligations herein contained. 18. CHARACTER OF WOMEN The Contractor agrees to employ only orderly and competent men,,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 man or men on the work, are, in his opinion, incompetent, un- faithful, or -disorderly, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT 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 any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men orequipment will be permitted only at such places as the Owner's Representative shall direct, and .the sanitary conditions of the grounds inor about such structure shall at all times be maintained in a manner satisfactory to:the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points at shall be approved by the Oa -per's Representative and their use shall be strictly enforced. 21. 'OBSERVATION AND TESTING The Owner or 0wner'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 by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Ow-ner's Representative may reject any work found to be defective or not in accordance with the con- r tract 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 Ouner, it must, if requested by 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 manu- factured at a. location where it is not convenient for Owner or Owner's Representa- tive go make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to fur: nish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location v.Tnere 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 Re -pre- sentative, it must, if requested by the. N-ner or Owner's Representative, be _ uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests, and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements 'of any such tests, inspections or approval, and any work which meets the. requirements of any such tests or approval but does not meet the requirements of the contract documents shall be considered defective. Such defective work snail be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspec- tions, tests, or approvals made by Owner, Owner's Representative,.or other persons authorized under this agreement to make such inspections, tests, or approvals, shall relieve the Contractor from his obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AATD THEIR REMEDIES It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that -it shall be in full accordance with this contract. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES ANT ALTERATIONS The Contractor further agrees that the Owner may make such 'changes and alterations as the Owner may see fit, in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or antici- pated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses in- curred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Repre- sentative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract .documents and not covered by Contractor's proposal, except as provided under Changes and Alterations herein. If is agreed that the Contractor, shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative, subject, however, to the right of the Contractor to require written confirmation of such extra work order.by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by one or more of the following methods: 'Method (A) - By agreed unit prices or Nethod (B) - By agreed lump sum; or Method (C) If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the actual field cost.of the work, plus fifteen .(15%) per cent. In the event said extra work be performed and paid for under bfethod (C), then- the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, time- keepers, mechanics and laborers, and materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account - of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Lia- bility and Property Damage and Workmen's Compensation and -all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of. the actual field cost shall be kept and records of these accounts shall be made available to the 0-wner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. 'finless otherwise agreed upon, the prices for the use of machinery and equip- ment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen per cent (15%) of the actual field cost to 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 the Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra -work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the'0-k-ner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not .-constitute extra work, or as to the payment therefor, and the &wner's Repre- sentative insists upon its performance, the Contractor shall proceed with the work after making written request for writ -ter. order and shall keep adequate and accurate account of the actual field cost thereof, as provided under ?iethod (C). The Contractor will thereby preserve the right to submit the matter of payment to arbitration as herein below provided. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of this contract that all work described in the proposal, the specifications, plans and other contract docu- ments, is to be done for the prices quoted bytheContractor and that such price shall include all appurtenances necessary to complete the work in ac- cordance with the intent of these contract documents as interpreted by Owner's Representative. If the Contractor finds any discrepancies or omissions in these plans, specifications, or contract documents, he should notify the Owner's Representative and obtain a clarification before the bids are received, and if no such request is received by the Owner's Representative prior to the opening of -bids, then it shall be considered that the Contractor fully under- stands the work to be included and has provided sufficient sums in his pro- posal to complete the work in accordance with these plans and specifications. It is further understood that any request for clarification must be submitted no later than five days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS A.1\M EQUIPMENT If at any 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 re- quired under this contract, the Owner or Owner's Representative may ,order the i 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. PROTECTION AGAINST ACCIDENT TO DIPLOYEES M THE PUBLIC The Contractor shall take out and procure a policy or policies of Work— men'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 or municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend, indemnify and save harmless the O•,aner and all of its officers, agents and employees from all suits, actions, or claims of any character whatsoever, brought for or on account of any injuries or damages received or sustained by any person or persons or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in 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 any subcontractor to provide necessary barricades, warning lights, or signs, and will be required to pay any judgment with costs which may be obtained against the Owner 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 an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the 0wner, the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of his duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of his subcontractors. 28. -CONTRACTOR'S INSURANCE The Contractor shall procure and carryat his sole cost and expense throughout the life of this contract, insurance protection as hereinafter specified. Such insurance shall be carried with an insurance company licensed to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a sub— contractor, or separate policies shall be provided covering the operation of each subcontractor. (A) Workmen's Compensation and Employer's Liability Insurance As required by State statute covering all employees employed on a work whetheremployed by the Contractor or any Subcontractor on the job. i (B) Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance The Contractor shall obtain an.Owner's Protective or Contingent Public Liability Insurance policy naming the City of Lubbock as an addi- tional insured and the amount of such policy shall be as follows: $ 300,000 for bodily injuries, including accidental death, to any one person, but limited to $ 500,000 per occurrence, and $ 100,000 for property damage. The Contractor shall obtain a Contractor's Protective (Contingent) Liability Insurance policy and the amount of said policy shall be as follows: In an amount not less than $ 100,000 for bodily injuries, including accidental death, to any one person, but not less than $ 300,000 per occurrence and in the amount of not less than $ 100,000 for property damage. (C) Automobile Insurance - The Contractor shall procure automobile insurance providing coverage as follows: In an amount not less than $ 100,000 for injuries, including accidental death, to any one person, but not less than $ 300,000 per occurrence, and in the amount of not less than $ 100,000 for property damage. (D) Proof of Coverage Before work on this contract is commenced, each Contractor and sub- contractor shall submit to the Owner for approval one (1) certi- ficates of insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and,the limit or limits of liability thereunder on the date borne by such certificate. (5) A statement that the insurance of the type afforded by the policy applies to all of the operations of whatever character, which are undertaken by the insured during the performance of this contract, provided such operations are required in the performance of the contract. (6) A provision that the policy may be cancelled only by mailing written notice to the named insured at the address shown in the policy stating when, not .less than ten'(10) days thereafter, cancellation of such policy shall be effective, with a copy to the Owner of said letter of intent. 29. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MTERI.4LHEN, M FUMISHERS OF KkCHINERY , EQUMI ENT AND SUPPLIES The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any demands of subcontractors, laborers, work- men, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, all suppliers, including commissary, incurred in the Furtherance of the performance of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebted- ness 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 (3) days after demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, withhold from the unpaid portion Oil. this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness. - Any and all communications between any party under this paragraph must be in writing. 30. PROTECTION AGAINST ROYALTIES OR PATENT INNENTION The Contractor shall pay all royalties and license fees, and shall pro- vide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or Owner thereof. The Contractor shall defend all suits or claims for infringement of _any patent or copyrights and shall indemnify and save the Owner harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or'process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents .by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harmless from any loss on account thereof. If the material or process speci- fied or required by Owner is an infringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement. 31. LA6dS ARID ORDINAIICES ` The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner effect the contract or the work, and shall indemnify and save harmless the Owner against any claims arising from the violation of any such laws, ordinances, and regulations, -whether by the Contractor or his employees. If the Con- tractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owner's Representative in writing and any neces- sary 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 r laws, ordinances, rules and regulations-, and without such notice to the Ourner's Representative, he shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law fro= which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may - enter into contracts, shall be controlling, and shall be considered as part of this contract.to the same'effect as though embodied herein. 32. ASSIMiENT AAD SUBLETTING The Contractor further agrees that he will retain personal 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 required in the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this contractual agreement. 33. TDIE FOR COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and 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 em- braced 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 to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor.does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of "ore hundred Dollars ($ IVO -.,60' ), 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 com- pleting the work. It is expressly understood and agreed, by and between Contractor and the O-W-ner, that the time for the completion of the work described' herein is rea- sonable time for the completion of the.same, taking into consideration the average climatic change and conditions and usual industrial conditions pre- vailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme, difficulty in 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. 34. TIME A -ND ORDER OF CMITLETION 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 conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the.plans and specifications, and within the time of completion designated in the proposals; provided, also, that when the Owner is having other work done, either by contract or by his own force, the Owner's Representa- tive 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. .. 35.EXTENSIO?� OF TIPS The Contractor agrees that he has submitted his proposal in full recog- nition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 33 hereinabove set forth and that he shall not be entitled to, nor will he request, an extension of time on this contract, except when his work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walk -outs, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for an extension of time, submitting therewith all written justification as may be' required by Owner's Representative for such an extension as requested by Contractor. The Owner's Representative within ten (10) days after receipt of a written request for an extension of time by the Contractor supported by all requested documentation shall then submit such written request to the City Council of the City of Lubbock for their consideration. Should the Contractor disagree with the action of City Council on granting an'extension of time, such disagreement shall be settled by arbitration as hereinafter provided. 36. ' HIhDRAYCE AND DELAYS In executing the contract agreement, the Contractor agrees that in under- taking 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 order of the Owner or Owner's Representative for the Owner's convenience in which event such expense as in the judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. i .. CU :TITIES z» M- ASURDI 1ZS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and :eight c-?;: shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Ovne_ and Contractor agree that this contract, including the specifications, plans other contract documents are intended to show clearly all work to be done and' waterial to be'furnished hereunder. knere the estimated quantities are sho»-a :o_ 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 - es==ating the probable cost of the work and for comparing their proposals o':e_ed for the work. It is understood and agreed that the actual amo tt of to be done and tae 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 a_ount of work done and materials furnished on the project. � o. PROTECTION OF ADJOINING PROPERTY Tne Contractor shall take proper means to protect the adjacent or adjoining r rc?erty or properties in any way encountered, which may be injured or seriously a::ected by any process of construction to be undertaken under this agreement, fro- any damage or injury by reason of said process of construction; and he s a'_1 be liable for any and all claims for such damage on account of his :a_:ure to fully protect all adjacent property. The Contractor agrees to de'fy, save and hold harmless the Owner against any cla-; or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of this contract, but such indemnity shall not appl%l to any claim of any kind arising out of the existence or character of the work. �9. PRICE POR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with .the specifi- cations and 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 is full for furnishing all materials and all labor required for the aforesaid .o_k, also, for all expenses incurred by him and for well and truly performing t::e same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract docupents and requirements of 0-..rnzer's Representative. ' 40. PAI ENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor sall any certificate or payment be considered as acceptance of defective wo_r. Contractor shall at any 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 :o_i:. Before final payment is made, Contractor shall satisfy Cumer, by affidavit i or othervise, that there are no outstanding liens against Owner's premises by 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. 41. PARTIAL, PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment. Owner's Representa- tive shall review said application for partial payment and the progress of the work made by 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 Certificate of Partial 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 by 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 reasonable and equitable portion of the retained percentage due Contractor. 42. FINAL COMPLETION AIM ACCEPTANCE Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that the work has been completed or substantially completed, the Owner's Representative and the Owner shall inspect the work and within said time, if the work be found to be completed or substantially com- pleted in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor his certificate of completion, 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. 43. FINAL PAYMEArr Upon the issuance of the certificate of completion, the Owner's Repre- sentative shall proceed to make final measurement and prepare a final state- ment of the value of all work performed and materials furnished under the terms of the agreement, and shall certify same to%the Owner, who shall pay to the Contractor,on or before the 31st day after the date of certificate of completion, the balance due Contractor under the terms of this agreement, provided he has fully performed his contractual obligations under the terms of this contract; and said payment shall become due in any event upon said per- formance by the Contractor. Neither the certificate of acceptance nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be r • a required in the special conditions (if any) of this contract or required in the specifications made a part of this contract. 44. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORD Contractor shall promptly remove from Oaner's premises all materials con— demned by the Owner's Representative on account of failure to conform to the contract, whether actually incorporated in 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, Ovner may remove and replace it at Con— tractor's expense. 43. CORRECTION OF WORK AFTER FINAL PAYrf✓NT Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of substantial completion. The Owner or the O'.cner's Representative shall give notice of observed defects with reasonable promptness. 46. PAYMENT WITHHELD 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 filing of claims. (c) Failure of the Contractor to make payments promptly to subcontractors or for material or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. 47. MM OF FILING CLAIMS It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) days after the Owner's Repre- sentative has given any directions, order or instruction to which the Contractor desires to take exception. The Owner's Representative shall reply to such written exceptions by the Contractor and render his final decision in writing. in case the Contractor should appeal from the decision of the'Owner's Repre- sentative, any demand for arbitration shall be filed with the Owner's Repre- sentative and the Owner in writing within ten (10) 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 by either party, except where noted otherwise in the contract documents. 48. ARBITRATION All questions of dispute under this agreement shall be submitted to arbi tration at the request of either party to the dispute. The parties may agree upon one arbitrator, otherwise, there shall be three; one named in writing by each party and the third chosen by the two arbiters selected;'or if the arbiters fail to select a third within ten (10) days, he shall be chosen by the District Judge, 72nd Judicial District of Texas. Each arbiter shall be a resident of the City of Lubbock. Should the party demanding arbitration fail to name an arbiter within. ten (10) days of the demand, his right to arbitrate shall' lapse, and the decision of the Owner's Representative shall be final and binding on him. Should the other party fail to choose an arbiter within ten (10) days, the Owner's Representative shall appoint such arbiter. Should either party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the arbiters are empowered by both parties to take Ex Parte Proceedings. The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract, unless either or both parties shall appeal within ten (10) days from date of the award by the arbiters, and it is hereby agreed that each party shall have the right of appeal and all proceedings shall be according to and governed by Arbitration Statutes of Texas, being Article 224, et seq., Vernon's Annotated Civil Statutes. THE DECISION OF THE ARBITERS UPON ARTY QUESTION SUBMITTED TO ARBITRATION UNIDER THIS CONTRACT SHALL BE A CONDITION PRECEDENT TO A -NY RIGHT OF LEGAL ACTION. The arbiters, if they deem the case demands. it, are authorized to award the party whose contention is sustained, such suns as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The arbiters shall fix their own compensation, unless otherwise pro- vided 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. ' r r ' 49. ABAN'DONMEST BY CONTRACTOR In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner or the Owner's Representative,' or if the Contractor fails to comply with the orders of the 0--nner'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 writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment, the Contractor shall not ' remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as 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 2nd be reflected in the final settlement. In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for, within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: (a) .The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, 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 may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the 'County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to. what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. However, should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Con— tractor or his Surety shall be credited therewith. 50. When the work shall have been substantially completed, the Con- tractor and his Surety shall be so notified and certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to be the Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 3p days after the date of certificate of completion. In the event the statement of accounts shows that the costtocom plete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety shall pay the balance shown to be due by them to the Owner, then all machinery, equip- ment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies which remain on the jobsite and belong to persons other than the Con- tractor or his Surety, to their proper owners. ABANDONMENT BY OMNER In case the Owner shall fail to comply with the terms of this contract, 'and.should fail or refuse to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools, and 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 Owner's Representative shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Contractor at the prices stated in the attached 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 scall 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 Contractor, under the terms of this Agreement. 51. BONDS 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 bondsi if required, shall be submitted on forms supplied by the Owner, and.executed by an approved Surety Company authorized to do business in the State of Texas. And it is further agreed that this contract shall not be in effect until such bonds are so fur- nished. 52. SPECIAL CONDITIONS In the event special conditions are contained 'herein as part of the con- tract 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. 53. LOSSES FROM NATUML CAUSES Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 54. INDEPENDMiT CONTRACTOR Contractor is, and shall remain, an independent contractor, with full, complete and exclusive power and authority to direct, supervise, and control his own employees and.to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during his performance and to carry out the other prerogatives 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 ou-n employees or to any other person, firm, or corporation. 55. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus materials r Mand shall leave the work broom 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. 56. DAMS -BACON ACT REGULATIONS Federal Pinimum Wages Applicable to all Construction Contracts over $2000.00 funded by General Revenue Sharing. (1) Minimum wages. (i) All mechanics and laborers employed or working upon the site of the work, or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amounts due at time of payment computed at wage rates not less than those contained in the wage determination decision of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics; and the wage determination decision shall be posted by the contractor at the site of the work in a prominent place where it can be easily seen by the workers. For the purpose of this clause, contributions made or costs reasonably anticipated under section l(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv). Also 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 construc- tively made or incurred during such weekly period. (ii) The contracting officer shall require that any class of laborers or mechanics, including apprentices and trainees, which is not listed in the wage determination and which is to be employed under the contract, shall be classified or reclassified conformably to the wage determination and a report of the action taken shall be sent by the Federal agency to the Secretary of Labor. In the event the interested parties cannot agree on the proper classification or reclassification of a particular class of laborers and mechanics, including apprentices and trainees, to be used, the question accompanied by the recom- mendation of the contracting officer shall be referred to the Secretary for final determination. (iii) The contracting officer shall require, whenever the minimum :age 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 bourly 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 contracting officer, shall be re- ferred to the Secretary of Labor for determination. (its) If the contractor does not make payments to a trustee or other third person, he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing benefits under a plan or program 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 Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets 'for the meeting of obligations under the plan or program. (2) Withholding. The City of Lubbock may withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be con- sidered necessary to pay laborers and mechanics, including apprentices and trainees, employed by the contractor or any subcontractor on the work the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice or trainee, employed or working on the site`of the work or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project, all or part of the wages required by the contract, the City of Lubbock may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records. (i) Payrolls and basic records relating thereto will be maintained during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work, or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project. Such records will contain the name and address of each such employee, his correct classification, rates of pay (including rates of contributions or costs anti- cipated of the -types described in section l(b)(2) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. kzenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs rea- sonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceableV that.the.plan or program is financially responsible, and that the plan or pro- gram has been`communicated`in writing to the laborers or mechanics affected and records which show the costs anticipated or the actual cost incurred in providing such benefits. (ii) The contractor will submit weekly.a copy of all payrolls to the City of Lubbock if the agency is a party to the contract, but if the agency is not such a,party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for the transmission to the City of Lubbock. The copy shall be accompanied by a statement signed by the employer or his agent indicating that the payrolls are correct and complete, that the wage rates contained therein are not less than triose determined by the Secretary of Labor and that the classifications set forth for each laborer or mechanic conform with the work he performed. A submission of a "Weekly Statement of Compliance" which is required under this contract and the Copeland regulations of the Secretary of Labor (29 CFR, Part 3) and the filing with the initial payroll or any subsequent payroll of a copy of any findings by the Secretary of Labor under 29 CFR 5.5(a)(1)(iv) shall satisfy this requirement. The prime contractor shall be responsible for the submission of copies of payrolls of all subcontractors. The contractor will make the records required under the labor standards clauses of the contract available for inspection by authorized representatives of the City of Lubbock and the Department of Labor, and will permit such representatives to interview employees during working hours on the Job. Contractors employing apprentices or trainees under approved progras shall include a notation of the first weekly certified payrolls submitted to the contracting agencies that their employment is pursuant to an approved pro - gray and shall identify the program. (4) Apprentices and trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they per- formed when they are employed and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not a trainee as defined in subdivision (ii) 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 in percentages of the journeyman hourly rates), for the area of construction prior to using any apprentices 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. (ii) 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, Employment and Training Administration, Bureau of Apprenticeship and Training. The ratio of trainees to journeymen shall not be greater than permitted under the plan approved by the Bureau of Apprenticeship -and Training. Every trainee must be paid at not less than the rate specified in the approved program for his level of progress. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Bureau of Apprenticeship and Training shall be paid not less than the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The contractor or+,subcontractor will be required to furnish the contracting officer or a representative of the .'age -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 predeter- mined rate for the work performed until an acceptable program is approved. { • (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be.in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. (5) Compliance with Copeland Regulations'(29 CFR Part 3).. The contractor shall comply with the Copeland Regulations (29 CFR Part 3) of the Secretary of Labor which are herein incorporated by reference. (6) Subcontracts. The contractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a) (1) through (5) and (7) and such other clauses as the City of Lubbock may by appropriate instructions require, 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 re- quiring this insertion in any further subcontracts that may in turn be made. (7) Contract termination; debarment.- A breach of clauses (1) through (6) may be grounds for termination of the contract, and for debarment as pro- vided in 29 CFR 5.6. ADDITIONAL PROVISIONS INCLUDED ARE: (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any laborer or mechanic in any workweek in which he is employed on such work to work. in excess of eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic received compensation at a rate not less than one and one-half times his basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, as the case may be. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1), -the con- tractor and any, subcontractor responsible therefor shall be liable to any affected employee for his unpaid wages. In addition, such contractor or subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. 'Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violation of the clause set forth in subparagraph (1), in the -sum of $10 for each calendar day on which such employee was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in sub- paragraph (1). Applicable to all contracts in excess of $10,000.00 (3) Withholding for unpaid wages and liquidated damages The City of Lubbock may 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 unpaid wages and .liquidated damages as provided in the clause set forth in subparagraph (2). i (4) Subcontracts. The contractor shall insert in any subcontracts the clauses set forth in subparagraphs (1), (2), and (3) of this paragraph 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 in turn be made. i CITY OF LUBBOCK WAGE DETERMINATIONS FOR FEDERALLY FUNDED PROJECTS HEAVVEIGHWAY PROJECTS 46 FR 1535 Decision # TX81-4001 -Date 1-6-81 (Supersedes Decision No. 7X80-4017, dated March 14, 1980, in 44 FR 16818) *DESCRIPTION OF WORK: Heavy (excluding tunnels d daWs) and Plighway- Projects (does not include building structures in rest area projects.) Classification Basic Hourly Rates Air Tool Man $ - Asphalt Heaterman 4.8.5 Asphalt Raker 4.50 r Asphalt Shoveler 3.95 Batching Plant Scaleman 5.30 -Batterboard Setter 4.20 Carpenter 5.70 Carpenter Helper 4.75 Concrete Finisher (Paving) 6.50 Concrete Finisher helper (Paving) 5.00 Concrete Finisher (Structures) 5.50 Concrete Finisher Helper (Structures) 5.05 Concrete Rubber - Electrician 8.10 ElectricianHelper- Fireman _ Form Builder (Structures) 5.45 - Form Builder Helper (Structures) 4.20 Form Liner (Paving and Curb) 5.60 .Form Setter (Paving and Curb) 5.00 Form Setter Helper (Paving and Curb) 4.00 Form Setter (Structures) 6.25 Form Setter Helper (Structures) 5.25 L`borer, Co=on 3.95 Laborer, Utility Man 4.70 `:anncle Builder, Brick 4.50 Mechanic �� 7.00 '.•Sechanic Helper 4.25 Oiler 4.50 Serviceman. 4.95 ?ainter (Structures) - Painter yelper (Structures) - rileariverm en _ ?:relater 4.00 Pipelayer Helper 3.95 ?neumatic `iortarman - Pov:-dermas 5.50 ?owderman helper - einfcrcing Steel Setter (Paving) 5.50