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HomeMy WebLinkAbout74 0827 minMINUTES CITY COUNCIL REGULAR MEETING August 27, 1974 The City Council of the City of Plainview met in regular session at 7:30 p.m. in the Council Chambers of the City Hall with Mayor John D. Stoneham presiding and the following Aldermen present: Keltz Garrison, Medtin Carpenter, Neal Williams, Richard Cross, and Jeane Browning. Also present were Marshall Pharr-~ity Manager, Joe Sharp-City Attorney, M. L. Rea-City Clerk, Wm. R. Hogge-Director of Public Works, Harold Gladman- DirecTor Of Planning, Johnnie Ballew-Director of Public Safety, Norman Huggins- Director of F~nance, Billy Rogers-Park Supervisor, and Linda Fisch-Administrative Secretary. Visitors included Charles Bechtold-KGNC Radio & TV, LeWard Hood- Plain~iew Dai~y Herald, and Chuck Martin-KVOP Radio. Invocation was given by Wm. R. Hogge. It was moved by Alderman Williams, seconded by Alderman Cross, to approve the appointment of Dr. C. M. Baldwin as dentist representative to the City/ County Health Board. Motion carried unanimously. Reminder was made of the bid opening on uniform services at 2:30 p.m. Monday, September 9th; bid opening for sale of $600,000 Street Improvement Bonds at 7:30 p.m. Tuesday, September 10th; and public hearing on approval of 1974-75 Budget at 7:30 p.m. Tuesday, September 24th. Received for filing was a copy of the tabulation sheet on bids received for the 1974 Street Assessment Paving Program. It was moved by Alderman Carpenter, seconded by Alderman Williams, to award the contract to the lowest bidder, High Plains Pavers, Inc. in the amount of $356,573.00. Motion carried unanimously. MINUTES CITY COUNCIL REGULAR KEETING August 27, 19 74 Page 2 It was moved by Alderman Cross, seconded by Alderman Garrison, to approve the minutes of the regular City Council meeting held August 13, 1974. Motion carried unanimously. Received for filing were copies of minutes of the Pnblic Housing Authority meeting held August 13th; Civil Defense and Disaster Relief Committee meeting held August 21st; Electrical Board meetings held August 14th and 22nd; organizational meeting of the Unger Memorial Library Advisory Committee meeting held August 2tst; and Parks, Open Space, and Recreation Advisory Committee meeting held August 19th. It was moved by Alderman Browning, seconded by Alderman Garrison, to adopt Resolution No. R74-019, a resolution ratifying, approving and adopting plans and specifications of the City Engineer of Plainview, Texas, for the improvement of Units 1-74~ inclusive (composed of sub-units 1-1-74 through 41-1-74, inclusive); Units 2-74, inclusive (composed of sub-units 1-2-74 through 8-2-74, inclusive); and Units 3-74 and 4-74, inclusive (composed of 1-3-74 through 4-8-74 inclusive and sub-units 1-4-74 through 3-4-74 inclusive), designated for street improvement, directing the filing of same, and ratifying, approving and adopting report of the City Engineer publicly advertising for sealed competitive bids. Motion carried unanimously. It was moved by Alderman Garrison, seconded by Alderman Williams, to adopt Resolution No. R74-020, a resolution asserting correctness of preamble and directing the Mayor of the City of Plainview, Texas, to execute contract with High Plains Pavers, Inc., a corporation, and specifying the terms thereof. Motion carried unanimously. MINUTES CITY COUNCIL REGULAR MEETING August 27, 1974 Page It was moved by Alderman Browning, seconded by Alderman Garrison, to adopt Ordinance No. 74-1617, an ordinance declaring the public necessity for the improvement of certain designated portions of certain designated streets in the City of Plainview, Texas; specifying the nature and type of such improvement; establishing the m~nner of effectuation and method of procedure thereof, designating and separating units of work; allocating division of payment of cost; providing rule for apportionment of cost, fixing time, terms and conditions of payment of cost and providing and defining assessments therefor; specifying nature of assessment liens and personal liability; providing for issuance and provisions of assignable certificates in evidence Of assessment for costs; directing the City Engineer to prepare plans and specifications for the improve- ment of the designated units and include same in project for which competitive bids have been previously received; and directing the City Clerk to file notice of the enactment of said ordinance. Motion carried unanimously. It was moved by Alderman Cross, seconded by Alderman Carpenter, to adopt Ordinance No. 74z1618, an ordinance declaring public necessity for the improve- ment of certain designated portions of certain designated streets in the City of Plainview, Texas, specifying the nature and type of such improvement, establishing the method of procedure thereof, designating and separating units of work, allocating division of payment of cost, providing the rule for apportionment of cost, fixing time, terms and conditions of payment of cost and defining assessments therefor; specifying nature of assessments, liens and personal liability providing for issuance and provisions of assignable certificates in evidence of assessment for cost, providing for hearing and notice of hearing MINUTES CITY COUNCIL REGULAR MEETING August 27, 1974 Page 4 for abutting property owners prior to assessment; prescribing the procedure for such hearing, directing City Engineer to prepare estimates of cost of improvement and amounts of proposed assessment, providing for performance of work by contractor, providing for manner and method of payment of contractor, and declaring an emergency. Motion carried unanimously. It was moved by Alderman Garrison, seconded by Alderman Browning, to adopt Ordinance No. 74-1614, an ordinance of the City of Plainview, regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment use, height, area and maintenance of all buildings and/or structures in the City of Plainview, Texas: providing for the issuance of permits and collection of fees, therefor; providing penalties for the violation thereof; declaring and establishing fire zones: repealing Ordinance No. 71-1t56 of the City of Plainview, and all other ordinances and parts of ordinances in conflict herewith. Providing for the adoption of the 1973 Edition of the Uniform Building Code, Volume I, as copy- righted in 1973 by the International Conference of Building Officials, Whittier, California, with certain amendments thereto: directing publication of the descriptive caption of this ordinance, with the penalty provisions of the Uniform Building Code 1973 Edition and providing an effective date of this ordinance. Motion carried unanimously. Discussion was held on recommendations of the Parks, Open Space, and Recreation Committee. It was moved by Alderman Williams, seconded by Alderman Cross, to adopt Appropriation Ordinance No. 74-1611 from the Revenue Sharing Account 427 in the MINUTES CITY COUNCIL REGULAR MEETING August 27, 1974 Page 5 amount of $77.50 payable to Higginbotham-Bartlett Company for Joliet Street Bridge repair. Motion carried unanimously. It was moved by Alderman Carpenter, seconded by Alderman Garrison, to adopt Appropriation Ordinance No. 74-1612 from the Revenue Sharing Account 427 in the amount of $686.50 payable to High Plains Pavers, Inc. for material used in Joliet S~reet Bridge repair. Motion carried unanimously. It was moved byi Alderman Cross, seconded by Alderman Williams, to adopt Appropriation Ordinance No. 74-1613 from the Revenue Sharing Account 427 in the amount of $266.00 payable to Maggard-Nall Motor Co. for additional equipment consisting of PT0 and controls for replacing alternator on new truck for Fire Department. Motion carried unanimously. It was moved by Alderman Browning, seconded by Alderman Garrison, to adopt Appropriation Ordinance No. 74-1615 from the Revenue Sharing Account 427 in the amount of $681~.82 payable to Associated Supply Co., Inc. for Invoice 7057, repair transmission on tow motor fork lift. Motion carried unanimously. It was moved by Alderman Carpenter, seconded by Alderman Williams, to reject the offer as made by Luther Bain-Faye B. Curry on the trade for City property, Lot 13, 14, 15, 16, and 17, Blk 2, City Addition to Plainview, Hale County, Texas, in the vicinity of Fifth Street (U.S. Highway 70) and Fresno Street. Motion carried unanimously. (Proposed trade being 11.07 acres in the Jno Kiser Pre- emption Survey~ Plainview, Hale County, Texas) Received for filing was a copy of the summary of county fires for 1973-74 through August 22, 1974, as presented to the County Commissioners August 22, 1974. MINUTES CITY COUNCIL REGULAR MEETING August 27, 1974 Page 6 A request was made by Johnnie Ballew, Director of Public Safety, for the City Attorney to prepare an ordinance limiting parking to two hours from 8:00 a.m. to 5:00 p.m. on the west side of Smythe Street from 13th to 16th Street. It was moved by Alderman Garrison, seconded by Alderman Browning, to adopt the following statement: "The City Council of the City of Plainview hereby authorizes the Federal Reserve Bank (Dallas) to release the herein described securities to the Merchantile National Bank (Dallas), which shall accept the pledged securities for the joint account of the Depositor, City of Plainview, and the Depository, First National Bank of Plainview ($15,000 - City of B~.o~nsville Utility System Revenue Bond Series 1960 @ 4 1/2%, Dated 12-1-60; Due 4-1-87, Opt. 4-1-81, Nos. 3386/3499 for SiM each. One Legal). Motion carried unanimously. It was moved by Alderman Williams, seconded by Alderman Carpanter, to authorize payment to Panhandle Landscape & Construction in the amount of $7,558.58, Estimate No. 5, final; however, to pay only $3,580.38 (retaining 10% - $3,978.20) until all exceptions have been completed by the contractor (as recommended by architect, James Robison). Motion carried unanimously. Received for filing was a copy of the City of Plainview Newsletter, Volume IV, Issue 45. It was moved by Alderman Carpenter, seconded by Alderman Cross, to approve the following reports for filing. Motion carried unanimously. Swimming Pool Report Analysis of Revenue and Payment of Bills MINUTES CITY COUNCIL REGULAR MEETING August 27, 1974 Page 6 It was moved by Alderman Carpenter: seconded by Alderman Cross: to adjourn the meeting. Motion carried unanimously. Meeting adjourned at 9:00 p.m. ATTEST: L. R~EA, 'City C1 rk PLAINVIEW CITY COUNCIL REGULAR MEETING August 27, 1974 CITY COUNCIL AGENDA City Council Chambers 901 Broadway Plainview, Texas 7:30 P. M. III. IV. INVOCATION: Wm. R. Hogge HEARING 'VISITORS PRESENT: Any person is invited to attend meetings of your City Council to discuss matters of individual concern, to present and discuss proposals, to participate in public hearings, or to be a visitor. If you are preseRt to appear before the City Council for any item on the agenda, please advise the City Clerk and you will be heard at the earliest convenience. Should you have an item you want to appear on the agenda, please make your request known in writing to the Mayor or City Manager at least one week in advance of the regular City Council meetings held on the second and fo~mth Tuesday of each month. Your presence is appreciated and you are invited to attend any part or all of the City Council meetings. Consider for appointment, the recommendation of the City/County Health Board, the Commissioner's Court and Mayor Stoneham, to the Plainview/Hale County Health Board the name of Dr. C. M. Baldwin as the dentist representive. ZONE CASES: (None) PUBLIC HEARING & BID OPENING: Reminder of the bids to be received on..,..uniform services at 2:30 p.m. Monday, September 9, 1974; bid to be awarded at the regular City Council meeting held September 10, 1974. Reminder of bid opening for the sale of $600,000 of Street Improvement Bonds as approved on June 15, 1974, to be received at 7:30 p.m., Tuesday, September 10, 1974. 3e Reminder of the public hearing to be held at 7:30 p.m. Tuesday, September 24, 1974, for approval of the 1974-75 City of Plainview Annual Budget. 4. Receive for consideration and award, bids on the 1974 Street Assessment Paving Program. (See attached ~abulation sheet.) APPROVAL OF MINUTES: 1. Approval of minutes of the regular City Council meeting held August 13, 1974. PLAINVIEW CITY COUNCIL REGULAR MEETING August 27, 1974 Page 2 VI. VII. VIII. IX. Receive for filing, copies of minutes of'the Public Housing Authority meeting held August 13th and the Civil Defense and Disaster Relief Committee meeting held August 21st. OLD BUSINESS: 1. Discuss proposed annexation. NEW BUSINESS: Receive for consideration and discussion, an ordinance authorizing preparation of the Engineer's Roll for the 1974 Assessment Paving Program and the award of the contract to-the suceessful bidder. Receive for consideration and discussion, authorization of the City Attorney to prepare an ordinance adopting and amending the 1973 edition of the Uniform Building Code. 4e e Receive for consideration, discussion and review, the recommendations of the Parks, Open Space, and Recreation Advisory Committee. Receive for consideration and adoption, Appropriation Ordinance No. 74-1611 from the Revenue Sharing Account 427 in the amount of $77.50 paya~'~e to Higginbotham-Barttett Company on Joliet Street Bridge repair. Receive for consideration and adoption, Appropriation Ordinance No. 74-1612 from the Revenue Sharing Account 427 in the amount of $686.50 payable to High Plains Pavers, Inc. for material used on Joliet Street bridge repair. DEPARTMENTAL REPORTS: 1. Swimming Pool Report 2. Analysis of Revenue and Payment of Bills MISCELLANEOUS: 265 MINUTES CITY COUNCIL REGULAR MEETING August 27, 1974 The City Council of the City of Plainview met in regular~session at 7:30 p.m. in the Council Chambers of the City Hall with Mayor John D. Stoneham presiding and the following Aldermen present: Keltz Garrison, Medlin Carpenter, Neal Williams, Richard Cross, and Jeane Browning. Also present were Marshall Pharr-City Manager, Joe Sharp-City Attorney, M. L. Rea-City Clerk, Wm. R. Hogge-Director of Public Works, Harold Gladman- Director Of Planning, Johnnie Ballew-Director of PubIic Safety, Norman Huggins- Director of Finance, Billy Rogers-Park Supervisor, and Linda Fisch-Administrative Secretary. Visitors included Charles Bechtold-KGNC Radio & TV, LeWard Hood- Plainview Daily Herald, and Chuck Martin-KVOP Radio. invocation was given by Wm. R. Hogge. It was moved by Alderman Williams, seconded by Alderman Cross, to approve the appointment of Dro C. M. Baldwin as dentist representative to the City'/ County Health Board. Motion carried unanimously. Reminder was made Of the bid opening on uniform services at 2:30 p.m. Monday, September 9th; bid opening for sale of $600,000 Street Improvement Bonds at 7:30 p.m. Tuesday, September 10th; and public hearing on approval of 1974-75 Budget at 7:30 p.m. Tuesday, September 24th. Received for filing was a copy of the tabulation sheet on bids received for the 1974 Street Assessment Paving Program. It was moved by Alderman Carpenter, seconded by Alderman Williams, to award the contract to the lowest bidder, High Plains Pavers, Inc. in the amount of $356,573.00. Motion carried unanimously. 266 MINUTES cITY CouNCIL REGULAR MEETING August 27, 1974 Page 2 It was moved by Alderman Cross, seconded by Alderman Garrison, 'to approve the minutes of the regular City Council meeting held August 13, 1974. Motion carried unanimously. Received for filing were copies of minutes ofthe Public Housing Authority meeting held August 13th; Civil Defense and Disaster Relief Committee meeting held August 21st; Electrical Board meetings held August 14th and 22nd; organizational meeting of the Unger Memorial Library Advisory Committee meeting held Augus~ 2ist; and Parks, Open Space, and Recreation Advisory Committee meeting held AUgust 19th. It was moved by Alderman Browning, seconded byAIderman Garrison, to adopt Resolution No. R74-019, a resolution ratifying, approving and adopting plans and specifications of the City Engineer of Plainview, Texas, for the improvement of Units 1-74, inclusive (composed of sub-units 1-1-74 through 41-1-74, inclusive); Units 2-74, inclusive (composed of sub-units 1-2-74 through 8-2-74, inclusive); an~ Units 3-74 and4-74, inclusive, (composed of 1-3-74 through 4-3-74 inclusive and sub-units 1-4-74 through 3-4~74 inclusive), designated for street improvement, directing the filing of same,-and' ratifying, approving and adopting report of the City Engineer p%nblicly advertising for sealed competitive bids. Motion carried unanimously. It was moved by Alderman Garrison, seconded by Alderman Williams, to adopt Resolution No. R74-020, a resolution asserting correctness of preamble and directing the Mayor of the City of P!ainview, Texas, to execute contract with High Plains Pavers, inco, a corporation,~and specifying the terms thereof. Motion carried unanimously. A RESOLUTION RESOLUTION RATIFYING, APPROVING AND ADOPTING PLANS AND SPECIFICATIONS OF THE CITY ENGINEER OF PLAINVIEW, TEXAS, FOR THE IMPROVEMENT OF UNITS 1-74, INCLUSIVE, (COMPOSED OF SUB- UNITS 1-1-74 THROUGH 41-1-74, INCLUSIVE); UNI%S2-74, INCLUSIVE (COMPOSED OF SUB-UNITS 1-2-74 THROUGH 8-2-74, INCLUSIVE); AND UNITS 3-74 AND 4-74, INCLUSIVE, (COMPOSED OF 1-3-74 THROUGH 4-3-74 INCLUSIVE AND SUB-UNITS 1-4-74 THROUGH 3-4-74 INCLUSIVE), DESIGNATED FOR STREET IMPROVEMENT, DIRECTING THE FILING OF SAME, AND RATIFYING, APPROVING AND ADOPTING REPORT OF THE CITY ENGINEER PUBLICLY ADVERTISING FOR SEALED COMPETITIVE BIDS. BE IT RESOLVED BY THE CITY COUNCIL, PLAINVIEW, TEXAS: That the following report of the City Engineer of the City of Plainview, Texas, be and the same is hereby in respect to the matters and things herein contained, in entirety ratified, approved and adopted, to-wit: TO THE HONORABLE CITY 'COUNCIL''OF PIJtINVIEW, 'TEXAS: In obedience to the directive contained in Paragraph 9 Of Ordinance No. 74-1565 of the City Council of Plainview, Texas, passed on the 25th day of June, 1974, the following report of the action taken in the premises is hereby submitted: 1. The plans prepared for the specified improvement of Units 1-74 inclusive (composed of Sub-units 1-1-74 through 41'1-74 inclusive), and Units 2-74 (composed of Sub-units 1-2-74 through 8-2-74 inclusive), and Units3-74 and 4-74 (composed of Sub-units 1-3-74 through 4-3-74 inclusive and Sub-units 1-4-74 through 3-4-74 inclusive), as in said ordinance designated, are to this report attached and marked "Exhibit A". 2. The specifications prepared for the specified improve- ment of the Units above referred to, as in said Ordinance designated are to this report attached and marked "Exhibit B". 3. The following notice was prepared and published in the Plainview Daily Herald, a newspaper of general and daily circu- lation, published in the City of Plainview, Texas, first publi- cation of which was made on the 2nd day of August, 1974, and subsequent publication was made on August 9, 1974; to-wit: NOTICE TO BIDDERS Sealed bids addressed to the Honorable Mayor and City Council of the City of Plainview, Texas, will be received at the office of the City Clerk at the City Hall until 2:00 P. M., D.S.T., Monday, August 19, 1974, for furnishing all materials, equipment, supervision, labor and incidentals necessary for the construction of street improvements consisting of curbs and gutters, concrete valley gutters, flexible base, asphalt wearing surfaces, railroad crossings, culverts drainage structures and incidental items re- quired to properly complete the construction of street improvements on certain streets in the City of Plainview, Texas, where and as shown on the Plans and as specified. The bids will be opened and publicly read in th0 Council Chambers at the City Hall at 2:00 P.M., D.S.T., MOnday, August 19, 1974. Bids will be tablulated and referred to the City Council of the City of Plainview for their consideration at a later time. The Mayor and City Council reserve the right, as the interest of the City may require to reject any and all bids and to waive all formalities. The attention of the Bidders is directed to the fact that the street improvements included in the proposed project are to be financed in the major part through the~ levying of assessments against abutting property. The actual size of the project can be determined only after the legal procedures and public hearings have_been conducted relative to such assessments. The City of Plainview reserves the right to delete any Unit or Units of construction from the project.. Ail proposals filed with the City Clerk must be accompanied by a Cashier's Check, Certified Check~ or Bidder's Bond in the sum of Five (5) per Cent of the total amount bid, payable to the City of Plainview, which check or guaranty Shall be forfeited to the City. of Plainview, in the event that the successful bidder fails or refuses to enter into a contract and give the required performance and payment bonds within the required time. Ail bonds must be signed by a Surety Company holding a permit from the State of Texas to act as Surety, and be acceptable to the City Council. The bid security of the three lowest bidders will be retained until the contract is awarded or other disposition is made thereof. The bid security of all other bidders will be returned promptly after the checking of the Proposals. The wages which shall apply on this work shall be not less tha~ the minimum established rates for the various trades and crafts in this area. Plans and Specifications.for this work may be obtained from the office of the City Engineer at the City Hall, Ptainview, Texas~ Wm. R. Hogge, P. City Engineer City of Plainview Piainview, Texas Submitted this the 27th day of August, 1974. WM. R. HOGGE, Cit~ E~ngineer City of Plainview, Texas II. The Plans and Specifications submitted by the City Engineer are hereby approved and adopted. III. That the aforesaid "Exhibit A" and "Exhibit B" to the report of the said City Engineer need not be entered in the minutes of the proceedings of the City Council of the City of Plainview, Texas, but the same shall be filed and kept in the office of the City Clerk of Plainview, Texas. IV. This Resolution shall be in force and effect from and after its passage. PASSED AND APPROVED this the 27th day of August, 1974, at a regular meeting of the City Council of the City of Plainview, and this Resolution is passed and approved prior to the consider- ation of any bids submitted to the City Council pursuant to said "Notice to Bidders". ATTEST: CITY CLERK .... ] MAYOR A RESOLUTION 7z~- 20 RESOLUTION ASSERTING CORRECTNESS OF PREAMBLE AND DIRECTING THE MAYOR OF THE CITY OF PLAINVIEW, TEXAS, TO EXECUTE CONTRACT WITH HIGH PLAINS PAVERS, INC., A CORPORATION, AND SPECIFYING THE TERMS THEREOF. WHEREAS, the following notice was prepared and published in the Plainview Daily Herald, a newspaper of general and daily circulation, published in the City of Plainview, Texas, first publication of which was made on the 2nd day of August, 1974, and subsequent publication was made on August 9, 1974, said notice as follows, to-wit: NOTICE TO BIDDERS Sealed bids addressed to the Honorable Mayor and City Council of the City of Plainview, Texas, will be received at the office of the City Clerk at the City Hall until 2:00 P. M., C.D.T., Monday, August 19, 1974, for furnishing all materials, equipment, supervision, labor and incidentals necessary for the construction of street improvements consisting of curbs and gutters, concrete valley gutters, flexible base, asphalt wearing sur- faces, railroad crossings, culverts,drainage structures and incidental items required to properly complete the construction of street improve- ments on certain streets 'in the City of Plainview, Texas, where and as shown on the Plans and as specified. The bids will be opened and publicly read in the Council Chambers at the City Hall at 2:00 P. M., C.D.T., Monday, August 19, 1974. Bids will be tabulated and referred to the City Council of the City of Plainview for their consideration at-a later time. The Mayor and City Council reserve the right, as the interest of the City may require, to reject any and all bids and to waive all formalities. The work shall be divided into units of construction and will be paid for by the City of Plainview in cash as the work progresses. However, the City of Plainview shall levy assessments against the property abutting the streets to be improved in order to recover a portion of the costs of such improvements. The actual size of the project can be determined only after the legal procedures and public hearings have been conducted relative to such assessments. The City of Plainview reserves the right to delete any unit or units'of construction from the project. All proposals filed with %he City Clerk must be accompanied by a Cashier's Check, Certified Check, or Bidder's Bond in the sum of Five (5) per cent of the total amount bid, payable to the City of Plainview, which check or guaranty shall be forfeited to the City of Plainview, in the event that the successful bidder fails or refuses to enter into a contract and give the required performance and payment bonds within the required time. Ail bonds must be signed by a Surety Company holding a permit from the State of Texas to act as Surety, and be acceptable to the City Council. The bid security of the three lowest bidders will be retained until the contract is awarded or other disposition is made thereof. The bid security of all other bidders will be returned promptly after the checking' of the Proposals. The wages which shall apply on this work shall be not less than'the minimum established rates for the various trades and crafts in this area. Plans and Specifications-for this work may be obtained from the office of the City Engineer at the City Hall, Plainview; Texas. Wm. R. Hogge, P. E. City of Engineer City of Plainview Plainview, Texas WHEREAS, the following speCifications and speCial pro- visions are applicable to and a part of the aforesaid advertise- ment for sealed proposals for the aforesaid project, to-wit: SPECIAL CCNDITIONS 1. GENERAL: (a) In the event there is a conflict between (1) General Conditions of Agreement, (2) the Detailed Specifications for Street Improvements, (3) the Standard Specifications for Road and Bridge Construction adopted by the State Highway Department of Texas, January 2, 1962, and the Special Conditions as hereinafter provided, the Special Conditions as hereinafter provided under the above caption Special Conditions shall control. (b) Wherever the term "Standard Specifications" is used herein, the same shall refer to and mean the Standard Specifications for Road and Bridge Construction adopted by the State Highway Department of Texas, January 2, 1962. 2. SCOPE OF TIlE WORK: The work set out in the Proposal shal'l be located within the City Limits of the City of Plainview, Texas, and shall consist of the furnishing of all materials, equipment, supervision, labor and incidentals necessary to construct street improvements consisting of curbs and gutters, concrete valley gutters, flexible base, asphalt wearing surfaces, railroad crossings, culverts, drainage structures and incidental items required to properly complete the construction where and as shown on the Plans and as specified herein and in the Detailed Specifications for Street Improvements and in the Standard Specifications. The work shall be divided into units of construction consisting of blocks, portions of blocks, or groups of blocks as set.out in the Plans and identified by unit numbers. Each unit of construction shall, upon completion, be subject to being ac- cepted by the City of Plainview as a completed project. 3. FINANCIAL: The units of construction will be paid for in cash by the City of Plainview from street improvement bond funds. However, the City of Plainview shall levy assessments against the property abutting the streets~co be improved in order to recover a portion of the costs of such improvements. Therefore, the Contractor shall permit the City of Pl.ainview sufficient time to accomplish the legal procedures required for such assessments and to secure medhanic's lien contracts from owners of property against which a valid assessment cannot be levied. The City of Plainview will initiate the legal proceedings at the earliest possible date after reception of 'the bids, award of the contract, calculation of property owners costs and preparation of the required Engineer's Roll. Distribution of costs for the street improvements to be constructed in this project are as follows: (a) The total cost of the proposed paving of each of said units shall be the total cost of improvements, including expenses of engineering and other expenses incident to the construction of the improvements in addition to all other costs of the improvements. (b) The cost of the curb and gutter to be installed shall be the cost of the curb and gutter as bid by.the contractor for that portion of the curb and gutter which will be parallel to and of the same length as the abutting property frontage. (c) The cost of the construction of the other improvements shall be the cost of all other construction other than the cost of the curb and gutter as hereinabove referred to. (d) The property owner shall be assessed~for and shall pay all of the cost of the curb and gutter running parallel to and the same length as the abutting property frontage owned by said abutting property owner. (e) The property owner's share of the total cost of the im- provements Shall be calculated as 100% of the cost of the curb and gutter parallel to and running the length of the abutting property, plus 85% of the remaining cost of the construction of the improve- ments on "front streets" (as that term is herein defined), and 70% of the.remaining cost of the construction of the improvements on "side streets" (as that term is herein defined). (f) The City's share of the total cost shall be calculated as 15% of the cost of the construction of improvements on "front streets" (as that term is herein defined) excluding the cost of curb and gutter, and 30% of the cost of the construction of im- provements on "side streets" (as that term is herein defined) excluding the cost of curb and gutter. (g) On streets or portions of streets hereinabove enumerated that are already paved on both sides of the street, the property owner shall pay 100% of the cost of the curb and gutter parallel to and running the length of the abutting property, plus 85% of the remaining cost of the construction of the improvementslon "front streets" (as that term is herein defined), and 70% of the remaining cost of ~he construction of the improvements on "side streets" (as that term is herein defined), for that portion of the paving which is wider than the original paving. This will apply only to streets that are already paved on both sides of the street but which do not have curb and gutter. ] (h) On streets or portions of streets that are paved to a ~idth of more than 41 feet, the property owner's share of the cost shall be the total cost of curb'and gutter running parallel to and the same length as the abutting property frontage owned by the abutting property owner, and 85% of the balance of the total cost of the improvements, including engineering expenses, on "front streets", and 70% of the balance of the total cost of the improvements, including engineering expenses, on "side streets, calculated on a basis of 41 feet of paving; and the City shall pay the balance of the costs caused by the paving of the street to a width in the excess of 41 feet. (i) On streets or portions of streets that have both paving and curb and gutter already, the City will pay the total cost of the improvement to that portion of the street that already has curb and gutter and paving. (j) In connection with the above assessment, should it appear at the hearing to be held before the final assessment is made, that the special benefits to such property, by way of enhancement of value thereof by virtue of such improvement, will not aggregate such proportion of the cost speci- fied above, then there shall be assessed and shall be paid by such abutting property and the owners thereof a lesser amount, not to exceed the benefits of said improvement. (k) The City of Plainview, after deduction of the sum assessed against the abutting property and the owners thereof as hereinabove provided, shall pay the remaining cost of said improvement; but in no event shall the City pay for more than 15% of the cost of the improvements to "front streets" not including the cost of curb and gutter, nor more than 30% of the cost of the improvements to "side streets" not including the cost of curb and gutter except as provided in subsections (g), (h), (i), and (j) above of this Section 5. (1) Railways using, occupying or crossing any portion of a specific unit or any part or portion of any street or streets hereinabove referred to, described and designated, shall be assessed for and shall pay for the entire cost of such improvement in the area between and under their rails and tracks, double tracks, turnouts and switches and two feet on each side thereof. (m) The term "front street" as used herein means that portion of a street upon which a residence or building is facing. The term "side street" as used herein means that portion of a ~treet running along the side of a residence or building. Where a residence or building is not constructed upon the lot or lots, then "front street" shall refer to that portion of the street running along the front of the lot as platted and "side street" shall refer to that portion of the street running along the side of the lot as platted. In the event it is difficult to determime whether or not a lot is abutting a front street as hereinabove defined, or whether or not a lot is abutting a side street as hereinabove defined, then the narrowest portion of said plot of ground as described in the deed to the individual owner shall be considered the portion of the lot abutting a front street and the longest portion of said plot ~f ground as described in the deed to the individual owner shall be considered the portion of the lot abutting a side street, except that all that portion of said plot of ground located 150 feet or more from the nearest cross street shall be considered as abutting a front street. The City of Plainview reserves the right to delete any unit or units of construction as it may deem advisable, from the project. The Contractor shall accept for construction additional units of construction as may be added to the project by the City of Plainview providing, however, that such units shall consist of items of work which are the same as those included in the proposal and which require the same degree of work and providing, however, that the Contractor shall not be required to construct any additional unit of construction added to the contract later than six (6) months after the date of the contract between himself and the City of Plainview. Payment for work performed in the construction of any particular unit of construction will be made in accordance with the terms set forth in Item 5.03 Partial Payments and Item 5.06, Final Payment, of the General Conditions of Agreement. 4. ORDER AND PROSECUTION OF THE WORK: Since this work is to be divided into individual units of construction, the order of such work and the commencement of such work shall be determined for each individual unit of construction. The Contractor shall commence work on a unit of construction only upon written direction to do so from the Engineer. Commence Work Orders for units of construction shall be given only after all legal proceedings and mechanic's lien agreement signups have been accomplished. The Contractor shall commence work within ten da~s after the written notice to do so has been given him. The Commence Work Order shall not be given for any unit of construction for which installation of utilities or change ~n utilities necessary ahead of the paving work has not been completed. The commencement of the work on any unit is therefore contingent upon the completed installation of all water~ sewer, or gas construction projected for the current development of the area. The order of work shall be such that construction shall progress at all times. The Contraczor shall not schedule his work so that unreasonable periods of time elapse between phases of construction. During construction, the street shall be open to traffic except when conditions set forth in the Specifications or as directed by the Engineer, prohibit such. Base material shall be knocked down, subgrade filled, and material adjusted to permit egress and ingress for business and residential driveways, and any other operations shall be performed necessary to provide for a reasonable flow of traffic. However, if in the judgement of the Engineer and in accordance with conditions set forth in the Specifications, it is necessary to close the street, traffic on said street shall be prohibited. Since the work is to be set up on a unit of construction basis and the commencement date of each unit is indefinite, a time of completion guarantee will not be required other than that the Contractor shall agree zo complete each unit of construction as soon as is reasonably possible from the date of the Commence Work Order. J J J J ] S. WORK QUANTITIES AND BID PRICES: The individual items and quantities as listed in the Proposal are for the entire project consisting of the combination of all units of construction proposed for the project and such quantities are used to indicate the possible magnitude of the project and to provide a guide in evaluating bids. The actual final quantities of the completed project may vary considerably from those in- dicated in the Proposal depending upon the number of units of construction for which Commence Work Orders are issued. However, the unit prices bid for the various items included in the Pro- posal shall be considered fixed in-so-far as the project is concerned regard- less of the actual number of units constructed and the final quantities included in the completed project. The Contractor shall have and shall make no claim for damages, anticipated profits or otherwise on account of any differences which may be found between the quantities of work actually done, the material actually furnished under the contract and the estimated quantities contemplated and shown in the Proposal. Therefore, Item 5.02, Estimated quantities, of the General Conditions of Agreement, is hereby deleted and shall not apply to this project. All other items of Section 5, Measurement and Payment, of the General Conditions of Agreement shall apply as written. 6. INSPECTION OF LOCATIONS AND SITES: Ail bidders are expected to inspect the streets to be improved and loca- tions of material sources and to familiarize themselves with local conditions, and the submission of a proposal will be considered as evidence that the bidder has done so. 7. NOTICES TO THE CONTRACTOR: The Contractor agrees that Notices concerning this project sent to him at the address indicated on his Proposal shall constitute Due Notice under this Contract. 8. PEP, FORMANCE AND PAYMENT BONDS: The Contractor will be required to furnish a Performance Bond and a Payment Bond, each in the amount of 100% of the Total Contract Price, written by a respon- sible Surety Company authorized to do business in the State of Texas and satis- factory to the City as required by Article 5160 of the Revised Civil Statutes of Texas as amended by acts of the S6th Legislature Regular Session, 1959. 9. INSURANCE: (a) General The Contractor shall not commence work under this contract until he has obtained all insurance required under this item, has furnished proof of same to the City, and the City shall have approved same, nor shall the Contractor allow any subcontractor to commence work until all similar insurance has been obtained and approved. J (b) Compensation Insurance - The Contractor shall maintain such insurance as will protect the Contractor, the City and the Engineer from claims under Workmen's Compensation Acts, and any amendments thereof, and from any other claims for damages from personal injury, including death, which may arise from operations under this Agreement, whether such operations be by himself or by subContractor, or anyone directly or indirectly employed by either of them. Certificate of such insurance shall be filed with the City and shall be sub- ject to its approval for adequacy of protection. (c) Public Liability and Property Damage - The Contractor shall take out and maintain during the life of this contract such Public Liability and Property Damage Insurance as will protect him and any sub-contractor performing work covered by this contract, from claims for damages for personal injury, includ- ing accidental death, as well as from claims for Property Damages, which may arise from operations under this contract, whether such operations be by him- self or by any sub-con'tractor or any one directly or indirectly employed by either of them. The amounts of such insurance shall be as follows: Public Liability Insurance in an amount of not less than $200,000.00 for injuries, including accidental death to any one person, and subject to the same limit for each person, in an amount not less than $400,000.00 on account of one accident, and Property Damage Insurance in an amount not less than $100,000.00. The Certificate of Insurance as provided by the form furnished above shall be completed by the Bidder and submitted with the executed contract. 10. TEXAS STATE SALES TAX: The City of Plainview, Texas, is exempt from sales tax under Chapter 20, Title 122A, Revised Civil Statutes of Texas. The City of Plainview will not pay sales tax on material under this Contract. According to ruling No. 9, reference Article 20.01T, effective April 3, 1962, labor and material must be separated as to cost on this contract and the City of Plainview, Texas, will issue a valid exemption certificate on said material. Cost of Materials Under the Contract: $ Cost Of Labor, Equipment Rentals, Overhead, Profit, Insurance and Bond under this Contract The above information on costs of materials is true and correct to the best of our knowledge. (to be filled in by the successful Bidder) CONTRACTOR BY: ADDRESS 11. ~TERIALS FOR CONSTRUCTION: (a) Base Material - It shall be the responsibility of the Contractor to obtain a source for suitable base material. (b) Water - The water used in performing the work shall be furnished by the Contractor at his own expense and shall not be taken from any fire hydrant of the City of Plainview unless by written permission of the City Manager. All water required shall be considered incidental to the work and no compensa- tion for water as such shall be paid. (c) Other Materials - Other materials used in the work shall be as speci- fied. ?'est reports showing sufficient information to indicate that aggregates meet specifications shall be furnished prior to use for approval of source. Certified mill tests on each car of cement shall be furnished. Certified plant tests and Certificates of Compliance with each shipment shall be furnished for all asphaltic materials. 12. PREPARING RIGHT OF WAY: The right-of-way for construction shall be cleared in accordance with items 102, 104, and 496, of the Standard Specifications and shall i~clude the removal of all existing obstructions except those designated to remain in place on the Plans or as directed by the Engineer. The Contractor shall .take all necessary precautions to trotect from damage existing improvements designated to remain in place. Any such improvements Which may be damaged by the Contractor or his sub-contractor or their employees shall be replaced without cost to the City of Plainview. Ail trees within five (S) feet of the back of the proposed curb and gutter shall be removed unless designated to remain in place. Culverts shall be removed with care so as to preserve as much of the pipe as possible. Culvert pipe salvaged shall be the property of the City of Plainview, or the Property Owner from whose entrance it was removed. The Con- tractor shall dispose of all removed culvert pipe which is not reusuable. Preparing of right-of-way shall be considered incidental to the work and no payment will be made for the clearing of right-of-way and the removal of any existing obstructions. The Contractor shall inspect the site of the work prior to presenting his proposal to ascertain the conditions and obstructions which will be encountered in the course of the construction operations and in- clude the costs of clearing and .removing same in. the various unit prices bid for the work. 13. REWORKING CALICHE BASE: This item shall consist of the scarifying and reworking of existing paved roadway and the widening of existing caliche base to the widths shown on the l Plans using salvaged caliche base material from another section of the same street being reconstructed, all to prepare and complete a finished compacted caliche base read}, for surfacing. All excavation, subgrade preparation, scarifying, caliche manipulation, compaction, and finishing shall be performed in accordance with appropriate items of the Detailed Specifications for Street Improvements and as though each operation were for new construction, except that the subgrade under the existing caliche base need not be disturbed. ~\~ere paving exists on exist- ing caliche base to be reworked, such paving shall be broken into small pieces not exceeding three (3) inches in longest dimension and processed into the caliche base. Work performed under this item shall be measured by the square yard of surface complete in place. Payment for work performed under this item will be paid for at the con- tract unit price bid for "Re!~orking Caliche Base", which price shall be full compensatio~ for all excavation, subgrade preparation, scarifying, breaking of paving, salvaging, hauling and depositing existing base material, blading, respreading, dragging, shaping, rolling, and finishing, and fo~ all mani- pulations, labor, tools and incidentals necessary to complete the work as specified and as shown on the Plan. 14. DITCHES:- Ditches shown on the plans shall be'cut to the lines and grades shown on the Plans and as established by the Engineer. Ditches shall be considered incidental to the work and no payment for such shall be made but the cost of same shall be included in the prices bid for the various items in the Proposal. tS. RAILROAD cROSSINGS: The Contractor shall furnish all labor, materials, and equipment and do all work required to construct the railroad crossings to the grades as estab- lished and in accordance with the details skown on the Plans. Any work required in adjusting the rails to proper grade, replacing any ties or rails will be done by the railroad company. The flange rail shall be constructed of structural steel angles in ac- cordance with details shown on the drawings, welding of cl5p angles to the angle forming the flange rail shall be done in the field so that the leg of the flange rail angle is level with the main track rail. After the flange rail is in place, all ballast or dirt shall be removed to the top of the ties and the base course of Hot-Mix Asphaltic Concrete shall be laid. The asphaltic concrete base course shall comply with the requirements of Item 340 of the Standard Specifications and the gradation of aggregates shall comply with that for Type A coarse graded base course. The material shall be placed in two courses and each course shall be thoroughly compacted by tamping with mechanical tampers and rolling. The material shall be raked and screeded as it is placed. The finish course shall be 1-1/2" of Hot-Mix Asphaltic Concrete Type C and shall comply with and shall be handled and placed in accordance with the provisions of Item 340 of the Standard Specifications. 16. THREE COURSE SURFACE TREA%~ENT: Item 324, Three Course Surface Treatment, Section 3, Construction Methods, Third Course is changed as follows: Application of asphalt shall be at the rate of 0.40 gallon per square yard. Aggregate shall be Type B, Grade 6 (Type A aggregate is deleted). 17. PROTECTION OF LANDSCAPING AND OTHER PROPERTY: The Contractor shall exercise every precaution in order to prevent injury to any trees, shrubs, plants, lawns, and other property lying outside the limits of the proposed work. Any such damage or injury shall be paid for by the Con- tractor without cost to the owner or the City of Plainview. 18. WATCItMEN, WARNING SIGNS, BARRICADES, AND FLARES: The Contractor shall furnish and maintain all necessary watchmen, warning signs, barricades,.and flares for the proper protection to the work and the public. No portion of the work where a dangerous condition exists shall be left without adequate warnings and protection. 19. REVISION OF PLANS: The Plans included with these Specifications are subject to limited change. When such revision is made, payment at the unit prices bid shall govern for the revised quantities. 20. CLEANUP: After completion of the project, the site of the work shall be thoroughly cleaned of all excess materials, debris and construction equipment. The finished work and the adjacent area upon which the Contractor was required to pass in the execution of the work shall be left in a neat condition to the satisfaction of the Engineer. The cleanup shall be considered incidental to other items of the project and no direct pa~qnent will be made for cleanup as such. 21. DESIGNATION OF SUB-CONTRACTORS: In the event any portions of this Contract are to be sublet, the sub- contractors shall be designated. Experience records, equipment and other information required from the Contractor shall be made available concern- ing the Sub-Contractors. 22. FINANCIAL STATEblENT, EXPERIENCE RECORD AND EOUIPMENT SCHEDULE. In' order to provide the City Council with information relative to the responsibility of bidders and their ability to finance and construct the work, each bidder shall furnish with his proposal a sworn statement of his financial condition and such other information as may be requested, relative to his financial responsibility, experience and equipment. The Experience Record and Equipment Schedule shall We made out on the forms included in the Specifications. The Financial Statement shall be submitted on forms fur- nished by the bidder and shall be in an envelope addressed to the Mayor and City Council and marked "Financial Statement". Financial statements will be returned to the unsuccessful bidders along with their bid securities. DETAILED SPECIFICATIONS FOR STREET IMPROVEMENTS J A. GENERAL: The Standard Specifications fo~ Road and Bridge Construction adopted by the State Highway Department of Texas, January 2, 1962, as set forth hereafter are herewith made a part of these specifi- cations, providing, however, that such Specifications shall be changed as indicated and as shown on the Plans, and further pro- viding that all requirements set forth in the Plans and in these Specifications shall take precedence over requirements set forth in the Standard Specifications~ B~ STANDARD SPECIFICATIONS ITEMS AND SPECIAL PROVISIONS: The Standard Specifications Items listed below apply to this project- Each Item shall be changed as set forth below~ Ail other provisions of the included Items from the Standard Specifications shall apply as written~ Item 1 - Definition of Terms Whenever the word "State" occurs in the Specifications, it shall be considered to mean the Owner, Whenever the word "Commission" occurs, it shall be considered to mean the Owner° Whenever the word "Department" occurs, it shall be considered to mean the Owner and-'or its authorized agents and Engineer~ Whenever the word "Engineer" occurs, it shall be considered to mean the City Engineer of the City of Plainview~ Item 100 - Preps'ring Right of Way Paragraph 100~4 is voided and the following ~s substituted: This Item is considered to be incidental to the work and no direct payment for "Preparing Right of Way" as such will be made~ Item 102 - Clear~ng and Grubbin~ Paragraph 10224 is voided and the following is substituted: This Item is considered to be incidental to the work and no direct payment for "Clearing and Grubbing" as such will be made. Item 104 - Removin~ Old Concrete Paragraph 104o4 is voided and the following substituted: 1 1 1 1 1 This Item is considered to be incidental to the work and no direct payment for "Removing Old Concrete" as such will be made~ Item 110 - Roadway Excavation This Item is deleted and the Special Specification "Subgrade Excavation and Preparation" substituted in its place as follows: Description: This item shall consist of all excavation, haul and dis- posal of excess earth materials, and all grading and compacting work necessary to bring the subgrade for the caliche base and the concrete pavement to the line, grade., and sections as shown on the Plans or as established by the Engzneer~ This item shall also consist of the furnishing, wetting, and compacting of the necessary materials to provide necessary fill to bring the sub- grade to the line, grade and sections as shown on the Plans or as established by the Engineer~ This item shall also consist of any backfill and grading required behind and/or between the curbs as shown on the Plans or as directed by the Engineer. 2o Subgrade Construction: The area to be paved shall be excavated and shaped in conformity with the typical sections and to the lines and grades as shown on the Plans or as established by the Engineer~ Ail unstable or otherwise objectionable material shall be removed from the subgrade and replaced with approved material~ Before placement of the base material, the subgrade shall be wetted and rolled to secure a unifor~ compaction having a density of not less than 90 percent (90%) Standard Proctor. Materials excavated from areas which must be lowered may be used to fill areas which must be raised to the proposed grade, providing such material is of suztable quality to be used as fill material° Excess material shall be the property of the Contractor and shall be disposed of by hauling and dumping at a disposal site approved by the Engineer~ No excavated material shall be deposited within any wet weather lake area as defined by City of Plainview Ordinance No. 64-848 and no material shall be stock piled within the Plainview City Limits w~thout the Spe- cific Use Permit such as provided in the Zoning Ordinance of the City of Plainview~ Measurement and Payment: No direct payment for '.'Subgrade Excavation and Preparation" as such will be made, but the costs of same shall be included in the unit prices bid for "Compacted Catiche Base"° These costs shall be full compensation for all necessary fill or ex- cavating, blading, wetting and rolling, all loading, hauling, dumping, and spreading of materials to be used for. fill, all backfilling, and all labor, tools, equipment, machinery and incidentals necessary to complete the work, including disposal of all excess excavated materials° Item 204 - Sprinkling Paragraph 204o5 is voided and the following substituted: This Item is considered incidental to the work and no direct payment for "Sprinkling" as such will be made, but the costs of same shall be included in the unit prices bid for the various items~ These costs shall be full compensation flor all costs in connection with fur- nishing the water, for all costs in connection with furnishing and oper- ating approved sprinklers, and for applying the water as directed, includ- ing hauling, equipment, tools, materials, labor and incidentals necessary to complete the work~ Item 210- Rolling (Flat Wheel) Paragraph 210~5 is voided and the following substituted: This item is considered incidental to the work and no direct payment for "Rolling" as such will be made~ Item 211 - Rolling (Tamping) Paragraph 211~5 is voided and the following substituted: This Item is considered ~ncldental to the work and no direct payment for "Rolling" as. such will be made° Item 212 - Rolling (Heavy Tamping) Paragraph 21205 is voided and the following substituted: This Item is considered incidental to the work and no direct payment for "Rolling" as such will be made- Item 213 - Rolling (Pneumatic Tire) Paragraph 21305 is voided and the following substituted: This Item is considered incidental no the work and no direct payment for "Rolling" as such will be made° Item 214 - Rolling (Heavy Pneumatic). Paragraph 214.5 is voided and'the following substituted: This Item is considered incidental to the work and no direct paynnenn for "Rolling" as such will be made. Item 232 - Flexible Base (Caliche). Paragraph 232°2 is Changed such that no payment for "Stripping" as such will be indicated. The caliche base material shall be Type A, Grade 1 having a soil binder with a liquid limit not to exceed 45 and a plasticity index not to exceed 15- J J J J J J Paragraph 23205 is amended to include the fo,llowing: It shall be the responsibility of the Contractor to secure the source for suitable material; to secure ingress and egress to and from the source; to determine to his own satisfaction that m~terial in the required quantity is available; and to furnish the Engineer sufficient evidence that the material meets the requirements of the Specifications~ Paragraph 232°6 is amended to include the following: The compacted caliche base shall have a density of not less than 95% Standard Proctor~ Paragraph 232~7 is voided and the following substituted: Measurement: Work performed and materials furnished under this item shall be measured by the square yard complete in place° Paragraph 232o8 is voided and the following substituted: The work performed and the materials furnished as prescribed by this item and measured as provided above will be paid for at the con- tract unit price bid for "Compacted Caliche Base", which price shall be full. compensation for Subgrade Excavation and Preparation; Sprinkling, and for shaping and fine grading the subgrade, for furnishing all materials, for all royalty and freight involved, for loosening or blast- ing, excavating, screening and crushing, for temporary stockpiling where reqUired, for loading all materials, for all hauling and delivering on the subgrade, for spreading, blading, dragging, shaping, rolling and finishing, and for all manipulation; labor, tools and incidentals nec- essary to complete the work as specified and as shown on the Plans. Item 300 Asphalts~ Oils and Emulsions This item shall apply as written° Item 310 - Prime Coat (Asphaltic Material On__q~ Paragraph 310o2 Materials is amended to include the following: Asphaltic material used for prime coat shall be cut-back Asphalt, MC-1 applied at the rare of 0~30 gallon per square yard. Paragraph 310~4 is voided and the following substituted: Measurement Work performed and materials furnished under this item shall be measured by the square yard complete in place,~ Paragraph 310~5 is voided and the following substituted: The work performed and the material furnished as prescribed by this item and measured as provided under~"Measurement'' will be paid for at the unit price bid for "Prime Coat", which price shall be full compensation for cleaning the area and/or base; for furnishing, heating, hauling, and distributing the asphaltic material as specified; for all manipulations, labor, tools, equipment and incidentals necessary to complete the work~ Item 324 - Three Course Surface Treatment This item is deleted and the Special Specification "Three Course Asphaltic Surface Treatment" substituted in its place as follows: 1. GENERAL: This item shall consist of the furnishing of all materials, equipment, labor and whatever else may be necessary for placing a penetration type asphaltic wearing surface composed of three applications of asphaltic mater- ial, each covered with aggregate, over the completed base, constructed in accordance with these specifications° Since it is not desirable to place penetration asphaltic surface during cold weather, no penetration surface treatment shall be placed between September 30 and April 1, except at the risk of the Contractor and with the written permission of the City of Plainviewc In the event of such application of penetration surface treatment between said dates, the Contractor shall furnish the City of 'Plainview a written agreement whereby said Contractor shall guarantee and maintain the completed surface for a period of one (1) year from the date of completion of the work under this contract° 2. MATERIALS: (a) ~ The asphalt used shall be of the grade and type specified below° The material shall be homogeneous and free from water, shall not foam when heated no 347° F., and shall meet the following requirements: Grade 0A-135 Min- Max° Penetration at 77~ Fo, 100 gmsc, 5 sec. Ductility at 77° F~, cms~ Flash Point, C.O.C., °F Melting Point, °F Loss at 325° F., 50 gms~, 5 hrs., % Penetration of Residue at 77° F~, 100 g~, 5 sec~ Solubility in CC14, % 120 150 100 - 450 104 140 - 1~3 45 - 99 ,5 - The material shall not be cracked~ (b) ~ The aggregate shall be composed of sound and durable particles of crushed stone or crushed gravel, except that the aggregate designated as Noo 3 need not be crushed if gravel is used° At least eighty percent (80%) of the particles of crushed gravel retained on the No~ 4 sieve shall have one or more crushed faces~ Aggregate particles shall be free from organic matter, clay, loam, or pebbles coated therewith, and shall not contain more than five percent (5%) of slate, shale, schist, or soft particles of sand- stone~ The Number 1 and 2 aggregate shall have a percent of wear of not more than thirty-five (35) and the Number 3 aggregate shall have a percent of wear of not more than twenty-seven and one-half (27°5) (Los Angeles Abrasion Test of Coarse Aggregate, A~A, SoH~O~ Designation T-96 as revised)° When tested by approved laboratory methods, each shall meet the requirements for grading specified below: NOd 1 Aggregate - Texas Highway Department Grade 1 Retained on 1" sieve ....... 0% Retained on 7/8" sieve ...... 0 - 2% Retained on 5/8" sieve ...... 15 - 45% Retained on 3/8" sieve ...... 85 - 100% Retained on Noo 4 sieve ...... 95 - 100% Retained on Nool0 sieve ...... 98 - 100% No~ 2 Aggregate - Grade 4 Retained on 5/8" sieve ...... 0% Retained on 1/2" sieve ...... 0 - 2% Retained on 3/8" sieve ...... 5 - 25% Retained on No~ 4 sieve ...... 85 - 100% Retained on Nool0 sieve ...... 98 - 100% No~ 3 Aggregate - Grade 6 Retained on 1/2" sieve ...... 0% Retained on 3/8" sieve ...... 0 - 2% Retained on No° 4 sieve ...... 5 - 40% Retained on Nool0 sieve ...... 70 - 100% Retained on No~20 sieve ...... 99 - 100% The ~bove gradation represents the extreme limits which shall determine suitability of aggregate for use from all sources of supplyc The aggregates as finally selected for use in the work shall have a gradation within the limits designated mn the tables, and shall not vary from the low limit on one sieve to the high limit on the adjacent sieve or vice versa, but shall be uniformly graded from coarse to fine. CONSTRUCTION METHODS: The area to be surfaced shall be cleaned of dirt, dust ox other deleterious matter by sweeping or other approved methodso IC it is found necessary by the Engineer, the surface shall be lightly sprinkled just prior to the first application of asphaltic material~ Just prior' to the first application of the asphaltic surface, a straight and sharp ooint shall be cut across existing asphaltic pavement adjoinine the area no be surfaced and the excess asphaltic pavement between the new joint and the completed base shall be removed~ The joint shall be cut with a rotary saw or such other device which will cut a uniform, straight, and shar~ joint~ Materials and rates of application shall be as follows: J First Course Asphalt, OA-135, applied at the rate of 0°30 gallon per square yard, or as directed by the Engineer. Aggregate, Type B, Grade 1, applied at the rate of one cubic yard per 50 square yards, or as directed by the Engineer~ Second Course Asphalt, 0A-135, applied at the rate of 0o55 gallon per square yard, or as directed by the Engineer~ Aggregate, Type B, Grade 4, applied at the rate of one cubic yard per 100 square yards or as directed by the Engineer° Third Course Asphalt, 0A-135, applied at the rate of 0~35 gallon per square yard, or as directed by the Engineer. Aggregate, Type A or Type B, Grade 6, applied at the rate of one cubic yard per 140 square yards, or as directed by the Engineer° Asphaltic material shall be applied by an approved type self- propelled pressure distributor so operated as to distribute nhe material in the quantity specified, evenly and smoothly° The Contractor shall provide all necessary facilities for determining the temperature of the asphaltic material in all of the heating equipment and in the distributor, for determining nhe rate at which it is applied and for uniformity at the junction of two distribute loads. Asphalt shall not be heated above 400° F. at any time, and when applied it shall be at a temperature of not less than 275° F~ and not more than 375° Fo The Engineer will select the temperature of application and the Contractor shall apply the asphalt at a temperature within 15© of the temperature selected. The beginning and ending of each shot of asphalt shall be over a strip of heavy kraft paper of not less than thirty (30) inches in width° Construction joints of successive layers of asphalt shall be offset by at leash three (3) fee Immediately after each application of asphalt, the surface shall be covered with the appropriate aggregate by means of a self-propelled rock spreader at the ranes specified- After the aggregate has been applied, it shall be bladed with an approved blade grade~ and broomed with a heavy drag broom~ Where necessary hand brooming and spotting of additional aggre- gate shall be required to obtain a uniform distribution of the aggregate~ Upon completion of the application of each course of aggregate and after it has been bladed~ broomed and raked, each course shall be thoroughly rolled with a self-propelled, three-wheeled or tandem flat wheel roller weighing not less than three (3) tons nor more than ten (10) tons° ] ] ] ] ] ] __1 Immediately after the final course has been applied and rolled with the flat wheel roller, it shall be thoroughly rolled with a self-propelled pneumatic roller such that the roller shall have passed over the entire area of the finished surface not less than five (5) times° On the next day succeeding the final application, the entire surface shall be broomed or bladed, spread- ing any loose aggregate uniformly over the surface, and shall be rolled a second time with the flat wheel roller and the pneumatic roller as set out above such that the entire surface shall have had a total of ten (10) passes with the pneumatic roller during two successive days after application of the final course. During the application of the asphalt the edges of the gutters shall be kept free of aggregate° Excess aggregate remaining on the surface after completion of the surfacing shall be kept distributed over the surface until final acceptance of the work~ Any defects appearing in the surface prior to acceptance shall be promptly repaired by use of asphalt and gravel applied as required no bring the surface to proper shape and grade~ Asphalt valley gutters shall be checked by means of a string line after each course is applied and any deviations from grade shall be corrected° Each valley gutter shall be checked for drainage prior to final acceptance and any defects or deviations from grade shall be corrected° 4. MEASUREMENT: Work performed and materials provided under this item shall be measured by the square yard of surface treatment complete in place° 5. PAYMENT Payment for Three Course Surface Treatment shall be made at the unit price bid per square yard of surface for "Three Course Asphal[ic Surface Treatment" which price shall be full compensation for furnishing all materials, freight, hauling, distributing, spreading, blading, brooming, raking, and rolling as specified including all equipmen[, labor, tools, and incidentals necessary to complete the work° ITEM 340 - Hot Mix Asphaltic Concrete Pavement ~Class ~)_ Paragraph 340~1 Description is voided and the iollowing substituted: .GENERAL The asphaltic concrete no be used over the completed caliche base shall be an asphaltic mixture of mineral aggregate and asphaltic material uniformly mixed to conform to the "Type" shown on the Plans conforming to Paragraph 340°3. The asphalt used shall be OA-90 conforming to Item 300, "Asphalts, Oils, and Emuls±ons"~ The asphaltic concrete mixtures shall be designed by a commercial test- ing laboratory and certificates shall be furnished to show that the mixture conforms to the specifications and indicating the results of tests made on samples of the mixture. The mixture when designed and tested in accordance with the Standard Specifications and methods outlined in THD Bulletin C-14~ shall have the following laboratory density and stability: Density, percent; Min. 94 Max. 99, Optimum 97: Stability, percent; not less than 35, The asphaltic material shall form from 6 to 8 percent of the~ mi~:nure by weight~ The Prime Coat, Tack Coat, and'Emulsified Asphalt shall be asphaltic cut-back or emulsion conforming to Item 300, "Asphalts, Oils, and Emulsions", and shall be suitable to insure adherence of the asphaltic concrete mixture to the completed base. Asphaltic concrete mixtures shall be at least 225° F at the time of application° Any material arriving at the laying machine at a temperature less than 225° F shall be discarded and shall not be placed on the roadway~ The application of the asphaltic concrete mixture to the compacted caliche base shall be laid uniformally over the entmre surface in suffic- ient quanity to provide the minimum thickness shown on the plans after compac- tion applied at the average rate of material mix per square yard shown on the plans~ Since it is not desirable to place asphaltic concrete during cold weather, no asphaltic concrete shall be placed between November 15 and March 1 ex- cept at the risk of the Contractor and with the permission of the City~ In the event of such application of the asphaltic concrete between said dates, the Contractor shall guarantee and maintain the completed surface for the period of one (1) year from the date of completion of the work unde= this contract~ Paragraph 340o7 is voided and the following substituted: MEASUREMENT Work performed and materials furnished under this item shall be measured by the square yard complete in placec Paragraph 340~8 is voided and the following substituted: PAYMENT Work performed and material furnished as presc:~ibed by th~s item and measured as provided above will be paid ~or a~ [he cont~ac~ uni~ price .bid for "Hot Mix Asphaltic Surface" of the types sp. ecified, which prices shall each be full compensation for ~urnishing all materials; for all freight involved; for all heating, mixing, hauling, cleaning the exist- - ~--~.~ ~1~.~- ~.~]~ ..... --~-~. ~z~ ~. ~ ~n~ '~ ' Ail templates, straightedges, scales and other weighing and measuring devices necessary for the proper construction and checking of the work shall _] be furnished, operated and maintained by the Contractor at his expense Item 400 - Structural Excavation Paragraph 400~7 is voided and the following substituted: This item ~s considered to be incidental to the work performed in con- structing the structure for which it is required and no direct payment lot "Structural Excavation" as such will be made; but the cost of such work shall be included in the lump sum price bid for the structure for which the excavation ~s required° These costs shall include full compensation for all excavation and backfill including compaction; all soundings; sinking all caissons; constructing all cofferdams, all unwatering, and for furnishing all materials, labor, equipment, tools, sheathing, bracing~ cofferdams, pumps, drills, explosives, and incidentals necessary no complete the work. Item 401 - Excavation and Backfill for sewers Paragraphs 401~3 and 401.4 are voided and the following substituted: This item is considered to be incidental to the work performed in constructing the sewers for which it is required and no direct payment for "Sewer Excavation and Backfill" as such will be made; but the cost ol such work shall be included in the contract unit price bid for the various sizes of "Pipe Sewers"~ These costs shall include full compensation for fuznishing all materials, tools, labor, equipment, sheathing and incidentals necessary to perform the work~ Item 420 - Concrete Structures Paragraph 420~26 is voided and the following ~ubstituted: MEASUREMENT AND PAYMENT Each structure as set forth in the Proposal as a bid item will be paid for at the lump sum price bid for such structure, and such lump sum price bid shall be full compensation for all materials, equipment, superintendence, labor, tools, and incidentals necessary to complete the work Item 421 - Conc'rete for Structures (Natural A~ Paragraph 421~14 is voided and the following substituted: No direct payment will be made for concrete as such, but such payment will be included in the payment made for the particula~"st~ucture in which the concrete is placed~ Such payment shall be full compensation lor ~urnish- lng, hauling and mixing all concrete materials; placing, curing and finishing all cencre[~e; all grouting and pointing; ~urnishing and placing all d~ains and expansion joints; for furnishing and placing metal flashing str~ps; and for all forms and falsework, labor, tools, equipment, and znc~dentals necessar] to complete the work~. Item 440 - Reinforcing Steel Paragraph 440.9 is voided and the folloWing substituted: No direct payment will be made for "Reinforcing Steel" or "Fabric" as such; but payment for such will be included in the payment made for the particular structure in which the reinforcement is placed. Such payment shall be full compensation for furnishing, bending, fabricating, welding,°. tying, and.'plRcing the reinforcement for all c-lips, blocks,, metal spacers, ties, wire or other materials used for fastening reinforcement in place, and for all tools, labor equipment and incidentals necessary to complete the work. Item 464 - Reinforced Concrete Pipe Culverts Paragraph 464.4 is amended to exclude measurement of excavation required for imstalling concrete pipe and headwalls since no payment for such excava- tion as such will be made. Paragraph 464.5 is voided and the following substituted: Payment for concrete pipe measured as prescribed in paragraph 464.4 will be made at the contract unit price bid for the various sizes of "Reinforced Concrete Pipe" of the class specified, which payment shall be full compen- sation.for furnishing and transporting the pipe; the excavation and back- fill; disposal of surplus excavated material; the excavation, hauling and placing of earth cushion material where required for bedding pipe in rock excavation; the preparation and ~hapi~g of beds; haul£ng, placing, ~nd jointing of pipes; for end finish; for moving and reusing headwalls; for all cohnections to existing structures and for all other items of materials, labor, equipment, tools, and incidentals necessary to complete the culvert or storm sewer in accordancewith the plans and these specifications~ No payment will be made for Excavation as such, whether in rock or not, but the costs of same shall be included in the payment for "Reinforced Concrete Pipe" as set forth above. Where pipes are laid on a shew, full compensation for cutting the ends parallel with the centerline of the highway shall be considered as included in the price paid per linear foot for the designated item of pipe and no additional allowance will be made therefor~ Item 465 - Pipe Sewers Paragraph 465.6 is voided and the following substituted: Payment for pipe sewers, measured as prescribed~gn Paragraph 465.5, will be made at the unit price bid per linear foot for the various sizes of "Pipe Se~ers", of the class specified, complete in place and such payment shall be full compensation for furnishing all concrete materials, reinforcing steel, precast concrete pipe, mortar, and for all other materials, tools, labor, equipment, and incidentals required to perform the excavation, bedding, gradir dewatering, pipe laying and jointing, backfilling and any other applicable work prescribedc Item 470 - Manholes and Inlets Paragraph 470.6 is voided and the following substituted: Ail manholes and inlets satisfactorily completed in accordance with the plans and Specifications will be measured by each manhole or inlet, complete, including all frames, grates, rings and covers and all excavation and backfill Paragraph 470°7 subsection (7) is amended to include the costs of all ex- cavation and backfilling and of all frames, grates, rings and covers in the unit price bid for the manholes or inlets for which they are required~ Item 479 - Adjusting Manholes and Inlets This item shall be amended to include the adjustment of water ma~n valve boxes° The Contractor shall furnish all labor, materials, and equipment and do all work required to adjust all water main valve boxes, within the lim~s of areas to be paved,' to the proper grades and elevations as established by the Engineer, and in accordance with the details shown on the Plans° The Engineer will give the Contractor the approximate location of the Valves and boxes° It shall then be the Contractor's responsibility te protect the valves and boxes and adjust the valve boxes to the prope~ g~ade~ The Owner will furnish valve boxes for all valves which do non have boxes at present° Any' valve boxes that are lost or broken during the p~ocess of c~n- structing the street improvements shall be replaced by the Contractor at his expense° Adjustment of the valve boxes to grade shall be accomplished by digging around the box, lowering or raising to the proper grade, properly supporting the box on brick or other suitable material and thoroughly ~amp~ng dirt around the box, and placing concrete around the box as shown on the lians It shall be the Contractor's responsibility to measure the !ocat~cn o~ all valves at any time the valve boxes are removed, so that the valves ~an be re- located when the valve boxes are ready to be reset~ Ail valve boxes shall be adousted to grade prior to final completion of the paving base course, and if any valve boxes are disturbed from proper alignment or grade during the process of completing the paving, they shall be resen to the proper alignment and grade before final acceptance of nhe s~reet improvements° Payment for this work will be made at the contract unit price each, for "Adjusting Valve Boxes", which price shall be full compensation for all costs of labor, materials, equipment and incidentals necessary to properly adjus~ th Valve boxes to the proper grades, as specified herein, and in accordance w~th the details shown on the Planso Item 496 - Removing Old Structures Paragraph 496~4 is voided and the following substituted: This item is considered to be incidental to the work performed in prepar- ing the right-of-way and no direct payment for "Removing Old Structures" as such will be made° The cost of same shall be included in the unit prices bid for the various items~ These costs shall be full compensation for all work, labor, equipment, tools, excavation, backfilling, and incidentals necessary to complete the work° Item 520 - Concrete Curb This item shall apply as written. Item 522 - Concrete Curb and Gutter Paragraph 52204 is amended to include the following: Concrete Valley Gutter will be measured by the square yard, complete in place. Paragraph 522°5 is amended to include the following: concrete Valley Gutter will be paid for at the unit price bid per square yard, complete in place. Item 524 - Concrete Sidewalks and Driveways This item shall apply as written° Item 531 - Membrane Curing This item shall apply as written° WHEREAS, High Plains Pavers, Inc~ submitted their bid in the form of a proposal in words and figures as follows: PROPOSAL FOR STREET IMPROVEMENT August 19~ 1974 DATE HONORABLE MAYOR AND CITY COUNCIL PLAINVIEW, TEXAS Gentlemen: The undersigned, as bidder, declares that~the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm, or corpora- tion; that he has carefully examined the form of contract, Notice to Bidders, Specifications, and the Plans therein referred to, and has carefully examined the locations, conditions and classes of materials of the proposed work, and agrees that he will provide all the necessary labor, machinery, tools, appa- ratus, and other items incidental to construction, and will do all the work and furnish all materials called for in the Cont.ract and ~pecifications in the manner prescribed therein and according to the requirements of the Engineer as therein set forth. It is understood that the work included in this project shall be divid- ed into units of construction and that the City of Plainview reserves the right to delet4 any unit or units of construction from the project or add additional units to the project as it may deem advisable according to the terms set forth in the Special Conditions. It is further understood that Commence Work Orders will not be issued nor shall work be commenced on any unit of construction included in the ject until all required legal proceedings and mechanic's lien signup for said unit of construction has been completed. It is further understood that the following quantities of work to be done at unit prices are approximate only, consisting of the sum of the quan- tities of work included in the combination of all units' of construction pro- posed for the project and that such quantities are intended principally to indicate the possible magnitude of the project and to provide a guide in evaluating bids. Accompanying this proposal is a Certified or Cashier's Check or Bidder's Bond payable to the CITY OF PLAINVIEW for Dollars ($ )o~ . 5 % of Bid. The bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the proposal the bidder shall fail or refuse to execute a contract and file the required bonds within ten (10) days after its acceptance, in which case the bid security shall become the property of the City o£ Plainview, and shall be considered pay- ment for damages due to delay and other inconveniences suffered by the City on account of such failure of the bidder. It is understood that the City reserves the right to reject any and all bids. The undersigned proposes to furnish all material, labor, machinery, tools, apparatus, and incidentals necessary to complete the proposed work in accordance with the Plans and Specifications or as directed by the Engineer for the following prices, to wit: Item Quantity No. & Unit Description of Item and Unit Price Total Amount 1. 44,500 Lin. Ft. 2. 730 Sq. Yds. 3. 77,100 Sq. Yds. 4. 1,100 Sq. Yds. 78,200 Sq. Yds. Concrete Curb and Gutter, Complete per linear foot: Two Dollars and Seventy-four Cents ($2.74 ) Concrete Valley Gutter, Complete per square yard: Eleven Dollars and Fifty Cents ($11.50 Compacted Caliche Base, 6" thick, Complete including excavation and fill, subgrade preparation, base material in place, and all backfil'l and grading, per square yard: One Dollars and Fifty-five Cents ($1.55 ) Reworking Caliche Base, 6" thick, Complete including excavation, salvaging, hauling and depositing material, reworking and fini{hing, and all backfill and grading per square yard: NO Dollars and Eighty-five Cents ($0.85 ) Prime Coat, Complete, per square yard: NO Collars. and Fifteen CenTs ($0.15 $ 121,930.00 $ 8,395.00 $ 119,505.00 $ 935.00 $ 11,730.00 Item Quantity No. & Unit 6. 78,800 Sq. Yds. 7. 33 Each 8. 27 Each 118 Lin. Ft. 10. f60 Lin. Ft. Description of Item and Unit Price Total Amoun~ Three Course Asphaltic Surface Treatment, Complete, per square yard: One Dollars and Five Cents ($1.05 Adjusting Manholes, Complete per each: _Eighty Dollars and NO Cents ($80.00 Adjusting Valve Boxes, Complete, per each: Fifty Dollars and NO ~ents ($50.00 Railroad Crossings, Complete per linear foot: Forty-six Dollars and NO Cents ($46.00 Reinforced Concrete Pipe, 24" Diameter, Complete in place, per linear foot: Twelve Dollars ($ 12.0~------) $ 82~ 740.00 $ 2. 640. O0 . $~20. O_O__ TOTAL AMOUNT OF PROPOSAL SUB-CONTRACTORS TO BE USED ON THIS PROJECT ARE: 1. NONE If ndne, write NONE In the event of the award of a contract to the undersigned, the under- signed will furnish the required Statutory Performance and Payment Bonds for the full amount of the Contract, to secure proper compliance with the terms finaland provisions completion of and the acceptance, contract and to insure and guarantee the work until The work proposed to be done shall be acceptable when fully completed and finished in accordance with the Plans and Specifications, to the satis- faction of the Engineer. ~e undersigned agrees to commence work on each unit of construction within ten (10) clays after written notice to do so has been given to him and to complete the work on which he has commenced as soon as is reasonably possible. The undersigned certifies that the bid prices contained in this pro- posal have been carefully checked and are submitted as correct and final. HIGH PLAINS PAVERS, INC. BIDDER By: TITLE H. A. Wall President ] ] Box 398 STREET ADDRESS Plalnview~ Texas 79072 CITY AND STATE WHEREAS, the bids, as advertised for were received and opened at the time and date specified in said notice and after due consideration, it is found and determined that the bid and proposal of High Plains Pavers, Inc. is the lowest and best bid received; and WHEREAS, the said High Plains Pavers, Inc. have presented the City of Plainview a statutory payment bond, pursuant to Article 5160~ of the Revised Civil Statutes of Texas, as amended, and have presented to the City of Plainview, a statutory performance bond, pursuant to Article 5160, of the Revised Civil Statutes of Texas as amended, which said payment bond and performance bond are conditioned in words and figures as follows: STATUTORY PAk~EI'TT B0~ID ~URSUfd~T TO ~_RTIC..~. 5160 O? THE REVISED C!V!~ STATUT~S 0~ '~v~ ' ~i~ED BY ACTS O~ T~ 56~H LEGISLATUR~ REGUL~ SES6ION~ 1959 ~OW ALL ~EN BY THESE ~RES~NTS, HIGH P~INS PA~RS, INC. (hereinafter called the ~rincipal(s), as ~rincipal(s), ~d NATION~ AUTOMOBILE ~ C~U~ INSU~NCE CO. held (hereinafter called the Surety(S), as Surety(s),(~re~eil~a£te firmly bound unto T~ CI i~f O~ ~LAI~~VIEW called the Obligee), in the ~aount of Three-Hundred Fift¥-s~ix Thousand Five Hundred Seventy-Three and no/100 -b~themoelves, an ' ' , ' ' ' end-Surety h s executors~ successors .and assigns~ jointly and several!y~ firmlp by these presents. WHEREAS~ the Principal has entered into a certain written contract with the Obligee, dated the 28 _ day of A~t 197_~_4~ to construct certain street improvements in the 1974 Asse ~ '. " Pr_~ect consisting of curbs and~oncrete valle, ut~ ~-~' '~ ~sphalt wearing surface~ railroad crossings? culverts~ drsinage structures and incidental items necessary to pave such streets. which contract is hereby referred to ~nd made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE~ THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimam~ts supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract~ then~ this obiigatio~ shall be void; otherwise to remain in full force -and effect. ~ROVIDED~ HOWEVER~ that this bond~s executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature~ Regular Sessi~. 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extez' as if it were copied at length herein. IN WITNESS WHEREOP~ the said ~rincipal(s) and Surety(s) have signed and sealed this instrument this day of IPRINCiPAL) (PRINCIPAL) Attorney-in-fact y for Attorney-in-fact P~_ouAl',~ TO ~±o,~ 5160 STATUTORY P~v0~A2~,'CE BOND ......... ~ ~-"~ ~ OP THE REVISED CIVIL STATUTES OP TEl{AS AS ANENDED BY ACTS OP THE 56TH Ls~.~I~LA%URE, R~GUL~R SESSiON~ 1959 KNOW ALL MEN BY THESE PRESENTS, that HIGH PLAINS PAVERS, INC. (hereinafter called the Principal(s)~ as Principal(s), and NATIONAL AUTOMOBILE AND CASUALTY INSURANCE CO. (hereinafter called the Surety(s), as surety(s), are held and firmly bound unto THE CITY OF PLAIN~VIEW, TEXAS~ (hereinafter called the Obligee), in the ~nount of Three-Hundred Fifty-Six ~housand Five Hundred Seventy-Three and no/100 Dollar~' ($ 356,573.00 ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firml~ by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee~ dated the 28 day of August 19 74~ to construct certain street improvements in the 1974 Assessment Pavin$. ~.roject consisting of curbs and gutters, concrete valley gutters, felxible base asphalt wearing surface, railroad crossings, culverts, drainage structures and incidental items necessary to..paye such streets. which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied' at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract document then this obligation shall be void; otherwise to remain in full force -and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, Regular Sessi 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same exte as. if it were copied at length herein. IN WITNESS WHEREOF, the said Principal(s) and Surety(s) have signed and sealed this instrument this ... day of , . 19 ,. [PRINCIPAL) (PRINCIPAL) tco. ok su TY) BY Attorney-in-fact Attach Power of Attorney for Attorney-in-fact. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PLAIN-VIEW, TEXAS: 1. That all matters asserted in the Preamble to this Resolution are hereby declared to be true and correct. 2. That it is hereby ordered that the City of Plainview contract with High Plains Pavers, Inc., a corporation, for the performance of specific improvements referred to in the Notice to Bidders and the proposal hereinafter referred to, said contract to be in words and figures as follows: STANDARD FORM OF AGREEblENT STATE OF TEXAS COUNTY OF HALE THIS ~GREEMENT, made and entered into this %8th day of August . A.D. 19 74 , by and between THE CITY OF PLAIN"FlEW of the County of Hale and acting through John D. Stoneham, Mayor thereunto duly authorized so to do, Party of the First Part hereinafter termed OITNER, and HIGH PLAINS PAVERS INC., a corporation of the City of Plainview County of Hale and State of Texas , Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agree- ments hereinafter mentioned, to be made and performed by the Parry of the First Part (OWNER), and under the conditions expressed in the bonds bearing even date herewith, the said Party of the Second Party (CONTRACTOR), hereby agrees with the said Party of the First Part (OWNER), to commence and com- plete the construction of certain improvements described as follows: 1974 Assessment Paving Project consisting of curbs and gutters~ concrete valley ~utters, .flexible base, asphalt wearing surface, railroad crossings, culverts, drainage structuresand incidental items necessary to pave certain streets'. and all extra work in connection herewith, under the terms as stated in the Special Conditions and the General Conditions of the Agreement; and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment,tools, superintendence, labor, required insurance, re- quired bonds, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in Accordance with all the Special Conditions and the General Conditions of the Agreement, and in accordance with the Plans, which includes all maps, plats, blue prints and other drawings and printed or written explanatory matter thereof, and the Specifications therefor, as prepared by: THE CITY ENGINEER OF THE CITY OF PLAINFIEW herein entitled the ENGINEER, each of which has been identified by the endorse- ment of the CONTKACTOR and ENGINEER thereon, together with the CONTRACTOR'S written Proposal, the Special Conditions and the General Conditions of the Agreement, and the Construction Bonds hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work on each unit of construction after the date written notice to do so shall have been given to him, and to com- plete same as soon as is reasonably possible. The OWNER agrees to pay the CONTRACTOR in current funds for the perfor- mance of the Contract in accordance with the Proposal. submitted therefor, sub- ject to additions and deductions, as provided in the Special Conditions and General Conditions of the Agreement, and to make payments on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. ATTEST: BY: M. L. Rea TITLE: City Clerk PARTY OF THE FIRST PART (OWNER) CITY OF PLAINVIEW BY: John D. Stoneham TITLE: Mayor ATTEST: BY: TITLE: PARTY OF THE SECOND PART (CONTRACTOR) HIGH PLAINS PAVERS, INC. BY: ~ H. A. Wall TITLE: President GENERAL CONDITIONS OF AGR~'~NT I. DEFINITIONS OF TEP~{S 1oOt O~,WER~ CONTRACTOR AND ~GINEER. The OI~,~ER~ the CONTRACTORs and the ENGINEER are those mentioned as such in the Agreement. They are treated throughout the Contract Documents as if each were of the singular n~mber and mascuAine gender, The ENGINEER shall be understood to be the ENGINEER of the O~ER or his duly authorized representative. 1.02 CONTRACT DOCU~flZNTS. The Contract Documents shall consist of the No- tice to ContracLors (Advertisement), Special Co.~ditions (Instructions to Bid- ders)~,P,_roposa!~ signed Agreement~ Performance Bond (~,~en reoui~e .'. Bonds ~wnen required)~ General Condit~o~ ~ +~-,~ . ~ ~ d)~ Special ........... ~ agreement~ Tecnnica! Speci- fications, Plans~ and all modi£ications thereof incorporated in any of the documents before the execution o£ the agreement. The Contract Documents are complementary, and v.~at is called for by any one shall be as binding as if called for by ali. In case o£ conflict betv.~en any of the Contract Doce~:ents~ priority of rant" e~rpret.atzon' shall be in the follow- lng order: Signed Agreemcnt~ Performance Bond~ Special Bonds (if any)~ Pro- ~osat~ Special Conditions of Agreement~ Notice to Contractors~ Technical Speci- fications, Plans~ and General Conditions of Agreement, 1.Oj SUB-CONT~%CTOR, The term Sub-Contractor~ as employed herein, in- cludes' only those having a direct contract with the oON~RAC~OR~ ' ~ ~ '~ and mt' mncludes' one who furnishes material worked to a s~ ~o~ design according to the elans or speci£ications of this work~ but does not ~nclude one who merely £urJnishes material eot so worked. . 1.0~ WRITTEN NOTICE. Written notice shall be deemed to have been duly served if delivered in person to the individual! er to a member of the firm or to m~ officer of the corporation for whom it is intended~ er if delivered at or sent by registered mail to the last business address known to him who gives the notice. 1.05 WORK. Unless otherwise stiput, ated, the CONTRACTOR shall provide and pay for all materials~ supplies, machinery~ equi~ment~ tools~ superintendences labors insurancc~ mhd all water~ light] power: z~uel~ transportation ~md other facilities necessp~y for the execution and completion of the work covered by the contract doc~nents. Unless otherv~se spe~ified~ all materials shall be new and both wor~mnship and maveri~.~ls s~al! be o£ a deed quality. The ~ON- 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 a well known technical or trade meaning shall be h~td to refer to such recognized st andaPds. 1.06 EXTRA WORK. The term "Extra Work,, as used in this contract shall be understood to mean and include all work tha~ may be required by the E~GINE,SR'~ ''- or O2{{ER to be done by the CONTRACTOR to 9ccomplish may change~ alteration or addition to the work shovm ,upo.n_th~e^~l.~s~ or reasonably implied by the s~eci- fications~ and not covered oy the ~O~TNACTOR~S Proposa!~ except'as proadd~.d u~der "Changes Snd Alterations,~ herein. 1.O7 W ' ORKI~,~G DAY° A ~Working day" is defined as any day not including Saturdays, Sundays or any legal holidays~ in w.hich weather or other conditions, ~ot trader the control of the CONTF~%CTOR~ ~,~!1 F~rr~it const~ction of the prin- G-i cipal units of the work for a continuous period of not less than seven (7) hours between 7:00 a. m. and 6:00 p. m. 1o08 SUBSTANTIALLY CO~LET~. By the t~m '~substantially ccmp!eted" is mesn~ that the structure has been made suitable for use or occupancy or the facility is in condition to serve its intended purpose, but still may require minor miscellaneous work and s~justmont. 2. CONTROL OF J J J _] J J J j, 2.01 LINES A~ GRADES. Unless otherwise specified~ all lines and grades shall be furnished by the O~NER or his representative. ~.~enever necessary~ construction work shall be suspended to permit oo~ ....... ~ ........... of this work~ but such suspension v~ll be as brief as ~racticab!e smd the CONTRACTOR shall be allowed no exvra compensation therefor. The CONT~YCTOR shall give the or the ENGINEER ~mm'pte notice of the tLme and plaice where lines mud grades ~ill be needed. Ail stakes, marks; etc.~ shall be carefully preserved by the CON- TK&CTOR, m~d in case of careless desctruction or removal by him or his employ- ees, such stakes~.-marks, etco: shall be replaced a% tho CONTRACTOR,S expense. 2.02 ENGINEER,S AUTHORITY AND DUTY. Unless other-~d, se specified:, it is mutually agreed between the parties to this Agreement that the ENG!NEE~WR' shall supervise all work included herein. He has the authority to stop the work wtenever such stoppage may be necessary to insure the proper execuvion of the contract. In order to prevent delays and disputes and to discourage !itiga- tion~ it is further agreed that the ENGINEER 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 dete~mine ~ questions inz~lation to said work and the construction thereof~ and shall in al! cases decide every question which may arise relative to the exesution of this contract on the pmrt of said CONTRACTOR. The ENGINEER,S estimates cmd findings shall be the conditions precedent ta the right of the parties hereto to arbitration or to emy action on the contract~ and to any rights of the CONTraCTOR to receive any money un- der. this contract; provided~ howover~ that should the ENGIi,~EER render smy de- cision or give Gny direction which~ in vhe opinion cf either party hereto~ is not in accordance with the me,ming and intent of this contract, either party may file with said ENG/~NEER within thirty (30) days his ~,ritten objection to. the decision or direction so ren~ered~ and by such action may reserve the right to submit the. question so raised to s~bitration as herein provided. It is the intent of this agreement that there shall be no delay in the execu- tion of the work, therefor% the written decision or direcvions of the ~GI- NEER as rendered shall be promptly carried out~ and any cl-~m arising there- from shall be thereafter adjusted by arbitration as hereinafter provided. The ~'~GINEER shall~ v,dthin a reasonable time~ re[~der ~md deliver to both the OWNER smd the CONTPJ~CTOR a ¥~itten decision on o~l clai~:~s of the parties hereto and on all questions which-may arise relative to the execution of the work or the interpretation of the contract, specifications and plans. SHo~mld the E ' -~-~ NGIN~mR fail to ma~e such decision ~ithin a reasonabio tim% an appel2[ to arbitration may be taken as if his decision had been rendered against the party appealing. ~fhenever the words "direc{ed,,~ "required"~ "permitted,,~ "designated", "considered necessary,!, "prescribed.~- or words of like Lmport are used~ it shall be understood that the direction, requirement~ permission~ order~ desig- nation or prescription~ of the ENGIN~LER is intended; and similarily~ the words "approval"~ "acceptable", "satisfactory,,, or words of l~ke ~npo~ sh~ll mean G-2 approved by or acceptable-or satisfactory to the ENGINEER. 2.03 SUPERINTENDENCE Ah~ ~'~SPECTION. It is agreed by the CONTRACTOR that the ENGINEER shall be and is hereby authorized to appoint from time to time such subordinate engineers~ supervisors or inspectors as the said ENGINEER may deem proper to insi~ct the material furnished and the ~ork done. under this agreemen% and to see that the said material is furnished~ and said work is done in accordance v~th the specifications therefor° The CONTRACTOR shall fur- nish all reasonable aid and assistance required by the subordinate engineors~ supervisors or inspectors for the proper insnection and examination of the work. The CONTRACTOR shall regard and. obey ~he directions and instructions of any subordinate engineers~ supervisors or inspectors so appointed~ when such directions and instructions are consistent v~th the obligations of this Agree- ment and the accompanying plans and specificatio~provided,however~ should the CONTRACTOR object to any order by any subordinate engineer~ supervisor or inspector~ the CONT~CTOR may within six (6) days m~e written .appeal to the ENGINEER for his decision. 2.0~+ CONTRACTOR,S DUTY AND SUP~INTEND~{CE. Ehe CONT~iCTOR 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 necesss~y assistant% all satisfactory to the ENG~ER. The superin- tendent shall represent the CONTRACTOR in his ,absence ,-~md all directions given to him shall be a s binding a s if given to the C~T~'~CTOR. Important directions shall be confirmed in writing to the CONTRACTOR, Other directions shall be so confirmed on writven request in e ach case, 2o.05 CONT~iCTOR~S UNDERSTENDING. It is understood and agreed that the CONTP~CTOR has, by careful ex~mination, satisfied hLmsel£ as to the nature and location of the work~ the confomation of the ground~ the chs~acter~ quality and quantity of the materials to be encountered~ the characver of equipment and facilities needed preliminary to and during the prosecution of the work~ the general ~ud local conditions~ and all other matters which c~u in any way affect the work ~der this contract° No verbs~l agreement or conversation ~th any officer~ agent or employee of the 0~NER~ eithor before or after the exe- cution of this contrac% shall affect or modify any of the terms or obliga- tions herein conta~ed~ 2°06 CHARACTER OF WORKMEN. The CONTRACTOR agrees to employ only orderly and competent men~ skillful in the performance of tho type of work required under this contract, to do the work; and agrees that whenever the ENG~.~R shall inform him in writing that any man or men on the work ar% in his opin- ion~ incompetent~ ~ufaithfui or disorder!y~ such msa~ or men shall be discharg- ed from the work and shall not again be employed on the work without the EN- GINEER,S written consent. 2°07 CO~fP~CTOR S UILDINGS The buildi~g of structures for housing men, or the erection of tents or other forms of protection~ will be permitted only at such places as the ENG~2~EER sh~mll direct~ ~d the s anita~o conditions of the grounds in or abouv such structures shall at ail timos be maintained in a manner satisfactory to the ENGINEER. 2.08 SANITATION Necessary sanitary ~ ' ..... - c~nv~n~c~c~o fvr the us~ ,~£ laborers on the work, properly soc!uded Tr~m public ' ~- ' oooorvatmon~ sh~ be const~cted s~d maintained by tho CONT~CTOR in such mawr and at such ~oints as sh~ be approved by the E~GII~R,' ~ their usa sha~ b~ ~trict!y enforced. o-3 ] ] ] ] ] ] ] ] _] ] 2.09 SHOP DRM~NGS. The CONTPJ, CTOR shall submit to the ENGINEER, ~th such promptness as to cause no delay in his o~ work or in 'that of any other Contractor~ four copies., unless other~ise speci£ied~ of all shop and/or sett~ lng drawings and schedules required for the work of the various trades, and the ENGINEER shall pass upon ~he.m ~th r easonablo promptness~ m~king desired corrections. The. CONTRAC?OR shall make any corrections required by the F~WGI- NEER, file with him two corrected copies and furnish such other copies as may be needed. The ENGINEER'S apL?sYal o£ such drawings or schedules shall not relieve the CONTRACTOR £rom~sponsibility £or deviations from drawings or speci- fications~ unless he has in ~£iting called the ENG/2~EE.~S attention to such devi- ations at the time, of submission~ nor shall it relieve him from responsibility £or errors o£ any sort in shop drawings or schedules. 2.10 PRELI~.NARY APPROVAL. The ENGINEER shall not have the power to waive the obligations of this contract for the furnishing by the CONTRACTOR o£ good material~ and of his per£onning good work as herein described~ ar~ in full ac- cordance with the plans and specifications. No £ailu_~ or on~.ssion o£ the GINEER to condemn any deflective work or material shall releaso the CONT~CTOR from the obligations to at once tear out~ remove and properly replace the same at any time prior to fin~l acccptem, ce upon the discovery of said defective work or materis.l; provided: however~ that the Ei~GINEER sha].]~ upon re,quest of the CONT~C~OR~ inspect ~ud accept or reject any mat~ri~.l £urnished~ sad in event tho material has been once accepted by the ENGINEER~ such acceptance shall be binding on the O%~ER~ unless it can be clearly sho~a~ that such material furnish- ed does not meet the, specifications for this work. kny questioned work may be ordered taken up or removed for re-examination~ by the ENGINEER~ prior to finer[ acceptance~ and if found not in accordance %~h the specifications for ssid work; "all expense of removing~ re-ex3~.ination and replacement shal~l be borne by the CONTRACTOR, otherv~[se the e~pense thus incur~ red shall be allowed as EXT~i WORK~ and sh'a]_l be paid for 'by the O%:~ER~ pro- vided that~ %.here inspection or approval is speci£ica!!y ~equircd by the speci- fications prior to performance o£ certain ~.~rk~ shsuld the CONTraCTOR proceed with such ~.vrk %~.~thou% requesting prior inspection or approval he shall bear all expense of taking up~ remo~ing~ and replacing this work if so directed by the, ENGINEER. 2.11 DEFECTS AND THEIR REI~DIES. 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 s~nme~ shall be. deemed by the EI'[GIN~R ~s un- suitable or not in conformity ~ith the specifications~ the CONTR3'~CTOR shalt~ after receipt of written notice thereof from the ENG~NEF~R~ forthwith remove such material and rebuild or other~gse remedy such work so that it shall be in full accordance with this contract. 2.12 CHANGES A~qD ALTERATIONS. The CONTR3,CTOR further agrees that the 0~] ER may make such changes and ~lterations as the O?.%,~ER :nay see fit, in the line, grade~ f omu~ dimensions~ plans or materials for ths v~ork herein eontemplated~ or any part thereof~ either before or after the begi~!ning of the construction, without ~£eoting the validity of this contract and tho accompa~nying performance b end o If such changes or alterations diminish the quantity of the v,~rk to be done, they shall not constitute the basis for a el,mira for d~mages~ or smticipated pro- fits on the ~,~rk that may be dispensed with~ except as provided for unit price items under Section 5 "Measurement and Pa)Tnent~,. If the at, cunt of work is in- creased~ and the work can fairly be classi£ied under the specifications, such increase sh~J.1 be Ira. id for' according to the q ~uan~ity actually done mud at the ] ] ] ] ] J unit price~ if any~ established for such work under this contracv~ exceot as provided for unit price items ~u~der Section 5 "Measurement and ?ayment"; other- wise~ such sddition.al work sh~l! be paid for as provided under Extra Work. Zn 'case the OWNER shai~ 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 CONT[~iCTOR for any material or labor so used~ and for sa~y actual loss occasioned by such change~ due to actusfl expenses in- curred in preparation for the work as originally plar~ned. 2.1~ RIGHT OF ENGINEER TO MODIFY M~THODS AND EQU!H'.,~T. If at ~ny time the methods or equipment used by the CONTRACTOR are rotund to be inad~cuate to secure the quality of work or the rate of progress required ~u~der thiJ' con- tract~ the ENGINEER may order the CONTRACTOR in writing to increase their safety or improve their character m~d efficiency~ a~d tho CON£RA'CTOR shall comply v,ith such order. If at any time the ~rking force of the CONTPJ~CTOR is inadequate for se- curing the progress herein specified, the CONTP~CTOR shal!~ if so ordered in vrriting~ increase his force or equitm%ent~ or both~ to such sn e~tent as to give reasonable assurance of compliance v~th the schedule of progress. 3. GENE~%L OBLIGATIONS Ahq) RESPONSIBILITIES 3.01 KEEPING OF PLANS AND SPECIFICATIONS ~o~. The ENGINEER shall furnish the CONTRACTOR ~gth an adequate and reasonable nm~ber of copies of all plans and specifications without expense to hJ_m~ and the~oONT~C_'OR~ T shall keep one copy of the same constantly accessible on the ~rk~ with the latest revi- sions noted thereon. 3o~2 O~ERSHIP OF DP~WINGS. Ail drawings~ specifications and copies there- of furr~shed by the ENGINEER shall nov be reused on other work~ and~ ~.,ith the exception of the signed contract sets~ are to be revo~aed to him on request~ at the completion of the work. Ail models are the property of the OI~2,tER. 5.03 ADEQUACY OF DESIGN. It is understood that the Oi~NER believes it has employed competent engineers and designers. It is~ therefore~ agreed that the OWNER shall be responsible for the adequacy of the design~ sufficiency of the Contract Documents~ the safety of the structure s~d the practicability of the operations of the completed project; provided the CO~{T~{~C~OR? ~ '~ ~ has compiled with the requirements of the s aid Contract Documents~ a~lt approved modifica- tions thereof~ ~nd additions and s~lterations thereto approved in v,~iting by the OI~NER. The burden of proof of such compli~ce shall be upon the C TOR to show that he has complied v~th the said reqoi.rements of the Ctn~zct Documents~ approved modifications thereof a~ all aoproved additions-and alter- ations thereto. 3.04 RIGHT OF ENTRY. The O0$~ER reserves the right to enter the property or location on which the works~herein contracted for are to be construcved or insvalled~ by such agent or agents as he may elect~ for the p~urpose of super- vising and inspecting the work~ or for the purpose of sonstructing or install- lng such collateral work ~ said O~ER may desire. 3,0~ COLLATEP~L CONT~iCTS. The O~NER agrees to provide by separate tract or other~ise~ all labor and material essential to vhe completion of the work specifically excluded from this convract~ in such manner as not to delay the progress of the work~ or d~nage said CONT~iCTOR~ exceot where such delays are .specifically mentioned else,~ere in the Contract Docu~ents~ 3.O6 DIS~RE~ P~J~CIES Ah~D OMISSIONS. It is further agreed that it is the 'intent of this contract that all work mu:~t be done and all material must be furnished in accordsmce with the generally accepted practice~ s_nd in the evenv of any discrepea~cies between the separate contract doc,smentss the priority of interpretation defined tmder "Contract Documents., shall govern. In the event that there is still any doubt as to the meeming and intenv of any portion of the contract~ specifications or dra~.~ngs~ the ~N~ij~R,v~ shall define which is in- tended to apply to the work. 3.O7 EQUIPI~NT, ~TERIALS A.~L0 CONSTRUCTION PLANT. The CONTP,~%CTOR shall be responsible for the care~ pr.eservation~ conservation~ and protection of all mate- riaiss supp!ies~ machinery~ equipz..~ent~ tools~ apparatus~ accessoriess facilities, all means of construction~ and stay and all par~s of the work~ ~,~hetb~r the CON- ~ONTRACTOR has been paid~ partially paid~ or not paid for such work~ until the entire work is completed and accepted. ~.O8 DAt~AGES. In the event the CONTP~CTOR is damaged in the course of the completion of the work by the acv~ neglect~ omission, mistake or default of the OI~,NER~ or of the E~[GINEER~ or of any other CONTRACTOR em?eyed by the' O~,~,'NER upon the work~ thereby causing loss to th~ CONTP~%CTOR~ the O¥~WER agrees that he will reimburse the CONTRACTOR for such loss. In the event the ObT,~ER is dmmaged in the course of the work by the act~ negligence omission~ nistM~e or default of the CONTRACTOR~ or should the CONr~CTOR~ ~ 'unreasonably~ delay the progress of the wo.rk being done by others on the job so as to cause less for which the O~,~ER be- comes liables then the CONTRACTOR shall reimburse 'the O~,',,~ER for such loss. 3.09 PROTECTION AGAINSTACcIDenT ~ TO EMPLOYELS A~,[D TKE PUBLIC. The CONTRAC- TOR shall take out and maintain such inst~ance as will protect the Co:~TP~C~OR,~' '~ ~ ~ ~ the OWNER, the ENGINEER~ and their officers, agents, and employees from claris under Workmen~s 'Compensation Actss any amen~_ments thereto~ s,nd from any other suits~ actions~ or cla~s of any character~ n~ae~ mud description brought for or on accoomt of ar4F injuries~ including death~ or damages received or susvain- ed by any person or persons or propertys on accoont of any negligent act or fault of the CONTRACTOR or of any SUB-CONTRACTOR or of anyone d' = ~ zr~co=y or indi- rectly employed by either of them~ in the execution of this CONTP~iCT; or on ac- count of the failure of the CONTRACTOR to provide necessary ba-~ricades~ yarning lights or signs. Such insurance shall be ~ith an insurance company er comps~ies licensed to transact business in the State of Texas. A certificate of such in- surance shall be filed ~ith the OWNER and shall be subject to his approval for adequancy of protection. The CONTRACTOR shall at all times exercise reasonable ?"recaution for the safety of employees and others on or near the v,ork and sna~_' ~"~ comply with all ap- plicable provisions of Federal~ States and Municipal safety laws a~d bo_~idi0g and construction codes. Ali. machinery and equi~nent and other physical haz~'ds shall be guarded in accordance with the "Manual of Accident Prevention in Con- struction" of the Associated General Contractors of America except where incom- patibie ~,~th Federai~ State~ or Municipal laws or regt~latiens. The CONTi~!CTOR shall provide such machinery guardss safe waikways~ !adders~ bridges~ ga.ngpts~ks~ and other safety devices as may be required by the ~GIN~R as requisite to the prevention of accidents. By p les to this contract that the CONTRACTOR '~%!1 execute a performance bond in the sum of One Hundred (!OO) percent of the total ~contract price for the satisfactory performance of the v, mrk and fulfillment o~ tony guare~ntee3 re- quir~d~ mn accordance %,~th this contract in the form provided for this purpose~ and it is agreed that this contract shall not be J~n effect ~until _] bond is furnished and approved by the O~,~ER. 3.11 LOSSES FROM NATURAL CAUSES. Unless otherv~se specified~ all loss or dsmage to the CO-~,[TPslCTOR arising out of the nature of the ~ork to be done~ or 'from the action of the eiements, or from ~ny unforeseen circumstances in the prosecution of the ssme~ or from unusual obstructions or difficulties which may be encoumtered in the prosecution of the work~ shall be sustained and borne by the CONTRACTOR at his ovm cost and expense. 3.12 PROTECTION OF ADJOINING PROPERTY. The said CONT~'~CTOR shall take proper means to protect the adjacent or adjoining property or properties in tony way encountered~ which might be injured or seriously ~ffected by ~y process of construction to be undertaken under this Agreament~ from any drainage or in- jury by reason of said process of construction; and he shall be liable for m~y and all claims for such damage on accotmt of his failure to ftu!ly protect all adjoining property. The CONTRACTOR agrees to inde~mmify~ ~ve and hold ha~,-~miesa the 02[fER against any ciaL,~ or claims for damages due to tony injury to any ad- jacent or adjoir~ng property~ arising or grov~ing out of the performance of the contract; but any such indemnity shall not apply to any claim of any kind aris- ing out of the existence or character of the work. ] ] 5.Ii PROTECTION AGAINST CLAIJ~S OF SUB-CONTRACTOP~, LABORERS~ ~,[~TERIAI~.~,~ AND FURNISHERS OF ~'~CHINERY~ EQUIPMENT AND SUPPLIES. The CONT~[~CTOR agrees that he will indemnify and save the O~,~ER harmless frcm ali c!aJ_ms gro~ing out ef the lawful demands of sub-contraczors~laborers~ workmen~ mechmnics~ material- men and furnishers of machinery and parts thereof~ eq~ei~ment~ pov~r tools and all supplies~ including commissary~ incurred in the furtherance of the perfor- mance of this contract. ~en' so desired by the O~,'~NER~ the CONTRACTOR shall furnish satisfactory evidence that all ~bligations of the nature hereinabove designated-have been paid~ discharged or waived. If the CONTP~CTOR fails so to do~ then the O~NER may at the option of the CONTRACTOR either pay directly any unpaid bills] of which the O~[~ER has written notice~ or mithhoid from the CONTRACTOR,S unpaid compensation a sum of money deemed reasonably stufficient to liquidate any and all such lav~ul claims until satisfactory e'~idence is furnished that all liabilities have been fully discharged~ whereupon payments to the CONTRACTOR shall be resumed in full~ in accordance v~th the terms of this contract~ but in no event shall the provisions of this sentence be con- strued to impose any obligation upon the O~ER by either the CONTP~CTOR or b~is Surety. 5.1~ PROTECTION AGAINST ROYALTIES OR PATENTED INVENTION, The CONTRACTOR shall pay all royalties and license fees~ and sh~l! provide for the use of any design~ device~ material or process covered by letters patent or copyright by suitable legal agreement with the patentee or ortner, The CONTraCTOR shall de- fend ali smits or cla~ns for infringement of any patent or copyri2ht rights and shall indemnify, and save the OWNER hazmless frcm stay loss on accom~ thereof~ except that the O~;NER shall defend all such suits and cla~ms and shall be responsible for all such loss when a particular design~ device~ mate- rial or process or the product of a particular ~ ~o ,~ m~nuz ~ct ~ er or ms~nufact'm~ers is specified or reqt:ired by the O~'~ER; provided~ however~ if choice of alter- nate design~ d evice~ material or process is a~!o~d to the COi'.~T~OTOR~ then CONTRACTOR shall indemnify and save O~'~ER harmless from any loss on account thereof. If the material or process specified or reauired by the O~'~.~ER is an infringement, the CONTPJ~CTOR shall be r esponsibte £o~ such loss unless he promptly gives such information to the O~JER. 3.15 LAWS AND OREINANCES. The CONTRACTOR she_ll at all times observe and comply ~[th all Federal~ Stat[~ and local !aws~ ordin~mces and regalations~ which in any manner affect the contract er the work~ and shall indemnify and save harmless the 0%~ER against any claim s~ising from the %~olation of any such laws~ ordinances~ and regulations w??.ther by the CONTraCTOR or his ployees~ except where such violations are called for by the pro%~sions of the Contract Docmments. If the CONTRACTOR observes that the pisns and specifica- tions are at variance therewith~ he shall promptly notify the ENGINEER in writ- ing~ and any necessary changes shall be adjusted as.provided in the contract for changes in the work. Iff the CONTRACTOR performs amy work knov~ng it to be contrary to such laws~ ordinauces~ rules and regu!ations~ and %~ithout such no- tice to the ~NGINEER~ he shall bes_r all costs arising therefrom. In case the Owner is a body politic ~md corporate: the law from which it derives its pow- ers~ insofar as the s s~e reg'~iates the objects for which~ or the m.muner in which~ or the conditions umder %~bich the O~'~NER may enter into contract~ shmii be controlling~ and .shall be considered as part of this contract~ ~o the s~e effect as though embodied herein. 3.16 ASSIG~fiENT AND SUBLETTING. The CONTRACTOR further agrees that he ~11 retain personal control and will give his personal attention to the ful- fillment of this cuntract and that he will not assign by Power of attorney~ or O ~ tner'~se~ or sublet ss~d convract without the ~ritten consent of the and that no part or featur, e of the york ~I1 be sublet to emyone objectionable to the ENGI2~EER or the OP,Y~ER. The CONTP~CTOR f~rther agrees that the subiett~. lng of any portion or feato~e of the work~ or materials req-mired in the per- formance of this contract~ shall not relieve the CONTP~CTDR from his full obli- gations to the OI~,~ER~ as provided by this Agreen~nt. 4. PROSECUTION AND PROGRESS 4.01 TY~LE AND OR.DER OF CO~.~?LmTiON. It is the meaning ~ud intent of this contract, unless otherwise herein specifically provided, that the CO~,~P~C~OR~ shall be allowed ye prosecute his work ab such tLmes and s easons~ in such or- der of precedence~ and in such manner as shall be mosL conducive to economy of consvruction; provided~ however~ that the order and the time of prosecution shall be such ~ o tn~t the work shall be substantie~lly completed as a whole and in part, in accordance with this convract the plans and specifications~ and v~th- in the time of completion designated in the Proposal; provided~ also~ that when the O~NER is having other work done~ either by contract or by his force~ the ENG~2{~R may direct the time and manner of constructing th6 work done under this contract~ so that conflict w~ll be avoided and the construc- tion of the various works being done for the O~ER shall be h~monized. The CONTP~CTOR shall submit~ at such times as may reasonablM be request- ed by the E~!GINEER, schedules which shall show the order in which the CONTRAC- T0R proposes to carry on the work~ with dates at which the CONTRACTOR ~!! sta~t the several parts of the work~ and estimated dates of completion of the several parts. 4.O~2 EXTENSION OF TIME. Should the CONTP~iCTOR be delayed in t'he comple- tion of the work by any act or neglect of the O~,NER or ~.~u-.~t{,'";"~'"~' or of any em~oloyee of either, or by other contractors ~ ' emp_oyea by the O~'~qER~ or by chmages ordered in the work, or by strikes~ lockouts~ fires~ mud unusual delays by com- mon c.'arriers~ or ~navoidr,.ble cause or causes beyond the C~.~ ~CT~S control, or by any cause w~ich the ~WGiNEER shall decide justifies the d elay~ then an extension of time shall be allowed for completing the ~ork~ sufficient to com- pensate for the delay~ the ~noum. t of the extension to be determined by the ~- GI2'~EER~ provided~ however~ that the CONTRACTOR shall give the ~2fG~W~ER promp~ notice in v~iting of the cause of such delay. 4.D3 I{ ~ iN~P~NCES A~fD DELAYS. No claims shall be made by the CONTRACTOR for ds~ages resulting from hindrances or delays from any cause (except where the work is stopped by order of the O~ER) during the prosress- of any portion of the ~rk embraced in this contract. In case ssid work shall be stopped by the act of the O~',~JE, R~ then .such expense as in the judgment o~ .the caused by such stoppage of said zvrk shall be paid by the OI':~iER to the CONTi:tC- f. I~EASURE~NT M~ pAk],~NT ~.0t QU,NTITIEo A~N) ~ASURE~.fl~NTS. No extra or customs~y measm~ements of any kind will be allowed~ but the actual measured and/or com?~ted length, area~ solid contents~ number smd weight only shall be considered~ unless otherv,~se specifically provided. .5.02 ES'~IF~'' ~ '~.~.u QUANTITIES. This agreement~ including the specifications~ plans and estimate~ is intended to show clearly all work to be done and mate- rial to be furnished hereunder. ~ere the estimated quantities are shown for the various classes of work to be done Smd material to be furnished under this contract, they are approximate and are to be used only as a basis for estimat- ing the ~robab!e cost o£ the work and for c~,~par~g the proposals offered for the work° It is understood and agreed that the actual amount of work to be done smd material to be fu~-nished under this contract may differ ~ mewaav from these estimates~ and that where the basis for payment under this contract is the unit price method~ payment shall be for the actual amount of such work done and the material furnished. · Where payment is based on the unit price method~ the CONTRACTOR agrees that he v~ll make no claim for damages~ anticipated profits or other~,~se on account of amy differences which may be fotmd between the quantities of work actually done~ the material actually furnished under this contract and the es~ timated quantities contemplated and contained in the propossZ~ provided~ how- ever~ that '.mr_ case the sctual quantity of any major '~ ~- m~em sho'mld become as much as 2~% more than., or 25~ less than the estimated or contemplated quantity for such items~ then either p.~rty to this Agreement~ upon demsmd~ shall be enti- 2~%tledoft°thea revisedestimatedConsideratiOnquantity, upon the porticn of the vmrk above or below A "Major Item" shall be construed to be any individu~l bid item incurred in the proposal that has a total cost equal to or greater th~m five (5) per titiesCent OfandthethetOtalcontractCOntraCtunitcoSt~prices.COmputed on the basis o£ the proposal quart- Any revised consideration is to be determined by agreement between the parties~ otherv~se by the terms of this Agreement~ Work,,~ a s provided unde~ "Ext.ra 5°0..3 PARTL'~L PAY~tNTS. On or before the lOth day o£ each month the EN- GINEER shall prepare a statement sho~.c[ng as completely as practicable the total value of the work done by the CONTf~KCTOR up to c~d includihg the last day o£ the preceding month; said statement shall also ~'nclude the value o£ all sound ma~erialswork, delivered on the site o£ the work tha~ are to be fabricated into the The 'O~,~ER shall then pay the CONTraCTOR om or before the 15th day of the current month the total amount o£ the ENGY~EEiI~S staz. ement~ less !O per cent of the amount thereo£~ which 10 per cent sh~mtl be retained until £ina! pa~ment~ and ~rther less all p~'evious payments and all further s~m.s that_._,~v be retain- ed by the O'~NER under the terms of this ~'~greement. It is understood, hov,~ver~ that in case the whole work be near to completion and some unexpected and un- usual delay occurs due to no fault or ne, glect on the P~'t of the CONTiL':CTOR, thc ObNER may-- upon written r econ'mendation of the F2~G~,IEER-- Day a reasonable and equitable portion of the retained po~centage to the CONTpj~TOR; or the COh~? TP~%CTOR at the. OI,~NER~S option~ may be re,eyed of the obligation to fully com- plete the work and~ thereupon~ the CONTRACTOR shall receive payment of the bal- ance due him %ruder the contract subject only to the conditions stated m~der "Final Payment. "~ 5.0~ USE OF COMPLETED PORTIONS. The O~,,~ER shall have the right to take possession of and use any completed or partially completed portions of the work~ not withsta.~ding the time for completing the entire work or such portions may not have expired but such taking possession and use shall not be deemed an ac~ ceptance of any ~,ork not como!eted in accordm~ce ~th th~ Contract Documents, If such prior use increases ~he cost of or delays the work~ the CONTRACTOR shall be entitled to such extra compensation~ or extension of time~ or both~ as the ~'~GINEER may determine, CO~,PLE~IOd AND ACCEPTANCE, Within ten (lO) days after the CON- TRACTOR has given the ~G~EER written notice that the work has been comoleted~ or substantially comp!eted~ the ~GINEER and the O?$IER shall inspect the'work ... mud v~thin said time~ if the work be found to be completed or substantially com- pleted in accordance with the ~ ~ontr~cv Documen~s~ the Fd~GINEER shall issue to the O~NER and the CO~JT~L&CTOR his Certificate of Completi.on~ ~d thereuoon it shall be the duty of the O~/~,NER v~thin ten (10) days to issue a CertifiSate of Accept~ce of the work to the CONTP~CTOR. ~. 5.06 .FINAL PAYmeNT. Upon the issuance of the Ce~ificate of Comp!etion~ the ENGINEER shall proceed to mo~e final measurements~d prepare fin~ state- ment of the value of s~. w'ork performed smd materials f~nished ~der the te~s of the Agreement and sha~ certify s~e to the O~'~ER~ who sha~ pay to the CON- TRACTOR on or after the 3~0h day~ ~d before the 35th day~ after the date of the Certificaze of Compietion, the bal~ce due the CONT~iCTOR under the t e~s of this Agreement~ provided he has f~.ly perfo~ed his contractu~ obiigatior~ der the t e~s of this contracts ~d s~d pa~ent shall become due ~ ~y event upon said perfo~ce by the CONT~CTOR. Neither the Ce~%ificate of Accept~ce nor the final pa~ent~ nor any provision in the Contracz Doc'~ents s a lieve the CONTR~CTOR of the obli-a+~ ~ e,,~ ~ - ~ .....,, .... ~~nv o~- ~Y w~ranty which may be req~red in the Special Conditions of the Specification. 5~07 PAYmeNTS ~',~TH~E~. The O~¥NER may~ on acco~t of subsequently dis- cove~d evidence~w'~tahota' ' or n~lify the ~uole or part of any certificate to such extent as may be necessary to protect ~seif from loss on acco~t of: (a) Defective work not remedied. (b) Cia,s filed or reasonable evidence indicating probable filing of cla~s. amzure of the CONT~CTOR to make p~ents proDerly to sub-con- tractors or for mateviai or labor. (d) D~aage to v~other convrac'o~. $~en the a~ve grounds are removed or the CONTt~CTOR pro-~des a Surety Bond satisfactory to the ~,< ..... ~ which ~I1 protect the OI,;NER d~ the ~o~ ~t~e!d~ pa~ent sha~ be made for ~o~ts ~t]~eld because of them. 5.08 D~Y~ PAYt~NTS. Sho~d the O~,~NER fail to ms~e pa~ent to the CON- T~'~OR of the s~ n~ed ~ ~uy p~ti~ or f~ st~o' ~t~ v~ pa~ent ms' due~ G~lO or should the FR~GIN.~R fail to issu..~ any statement on or before the date above provided~ then the O~NER shall pay to the CCI~TP~iCTOR, in addition to the sum~ sho%~n as due by such statement~ interest thereon at the rate of s~. (6) per cent per ann~ unless other~se spscified~ from date due ~ provided ~der "Partial Pa~ents" ~d "Final Pa~ents"~ until fully p~d~ %~ich shsglf~uxly liq~date any injury to the CONTraCTOR gro~W_ng out of such delay in but the right is e~pressly reserved to the CCNT~iCTOR in the event D~ents be not promptly ~ade~ as pro,zided ~uder "Partial Pa?m~nt": to at ~- t~e thereafter treat the contract as abs~ndoned by the Oh~'~' ~d recover com~ensa- tion~ as provided under "Abm~dor~ent of Contract,, u~ess such pa~ents- ~t~eld in accordance with the pro~sions ~f "~,..y~r~n,~o~'~ ' ~ ~ ~ Withheld. , 6, ~TP~ WPRK A~ C~ 6.01 EXT~ WORE. It is agreed that the CONTraCTOR shall ~rfo~ all tra Work under the direction of the ENGINEER when presented with a ~'~ritten Work Order signed by the -~ ~GIhEER, subject~ however~ to the right of the CON- T~CTOR to req~re a written confimation of such ~tra ~ork Order by the O~2~- ER. It is also agreed that the compensation to be paid the CONT~ ~OR for ~rfo~ing said ~tra Work shall be dete~n~d by one or more of the follo~ng me,hods: Method (A) -- By agreed ~it' prices; or ~ Method (B~ -- By agreed l~p s~; or Method (C If neither Method (A) nor Method (B) be agreed ~pon ~. ~ before the ~tra Work is co~enced~ then the CONTUmaC- .... T~R shall be paid the "actu~ field, cost,~ of the work~ plus fifteen (15) per cent. In the event said ~x%r'a Worm be .performed and paid for ~der Method then the prox~sions of this paragraph shall apply and the "actual field cost'~ is hereby defined to include the cost of ~! wor~en~ such ~ foremmn~ t~e- kee~rs~ mechsmics and laborers~ and materi~ls~ suppiies~ t ee~s~ trucks~ rent- als on mach~ery ~d eq~ent~ for the t~e actually employed or used on such ~tra Work~ plus actu~ transportation charges necessarily inc~red~ together ~th all power~ fuel~ !ubric~mvs~ water ~d s~iiar operating expenses~ also all necessary incidenva], expenses incurred directly on acco~t of such ~tra Work, including Social Security~ Old Age Benefits ~d other pa~o!l t~es~ and~ a rateable proportion of premimms on Construction and Mainten~ce Bonds~ - ~blic Liability and Property D~age and Wbrk~men:s Conpenaation, and all other instance as may be r eqmired by any law or ordins~ce~ .or directed by the =,i[GI- NEER or O~NER~ or by them agreed to. The ENGit'~R may direcz the rom inw~' ~nich acco~tS of the '~actual field cost" shall be kept mud the records of these acco~ts shall be made available to the E~GiNEER The ENGIi~[~R may also specify in writin ' ~d the ~., before the work co~onces, tho method of doing the ¥.ork type and kind of machinery and eq~]nt to bo used; otherwise these ~ e, ' ~ne u~e cf m~shinery and eq~ncnt sha~i be determined by · ng 80 per cent, ~miess other~se specified~ of the tatesv schedule of Equip- ment O'~.mership Fm:pense adopted by the Associated General Contractors of Amer- ica~ Where practicable the te~s and prices for tho uso of machinery smd equi~ent shall be incorporated in the Written E>:tra ~Jork Ordgr. T~e fifteen (15%] per cent of the "acvu~ field cost" to be 'paid the COI"~TRACTOR shall ..cover and compensate h~m for his profit~ overhead~ genor~ superintendence ~d field office ex~nse~ amd egl other elements of cos~ and expense not braced wit~ the "actual field cost" ~ herein dofined~ seize that 'where the CONT~CTOR~S Camo or Field Office must be m~nt~ned p~sa-iiy on acco~t of such ~tra Work; then the cost t~ m~~ ~d operate the s~ sha~ be in- cluded in the "actua~ field cost", G-ii J J J No claim for Extra Work of any kind will be allowed unless o~dered in ~,mit- ing by the ENGINEER. In case any orders or instructions~ either oral or writ- ten~ appear to the CONT~ICTOR %o involve [xtra Work for which he should receive compensation or an adjustment in. the construction time~ he shall make vmitt~n request to the ig~GINEER for ~itten order authorizing such E~tra I'~ork. Shouu!d a difference of opinion arise as to ~¢nat does or does not constitute P/~tra Work, or as to the pa)nrmnt therefor~ and the ENGINEER insists upon its perfomance, the CONTRACTOR shall proceed ~.~ith the ~rk after making ~i%ten request for written order end shall keep an accurate accou_nt of the "actual field cost" thereof~ as provided under Method (C). The CONTRACTOR ~.~i1 thereby preserve the right to submit the matter of paymen~ to arbitration~ as hereinbelow pro- vided. 6.02 TIME OF FILING CLAII.~. It is further agreed by both parties hereto that all. questions of dispute or adjustment presented by the CONT~%CTOR shall be in writing and filed with the ENGINF~]R within thirty (30) days after the EN- GINEER has given s_ny directions, order or instruction to which the CONTRACTOR desires to take exception. The ENGINEER shall renly to such ~ritten exceptions ~\the CONTRACTOR and render his final decision i~ ~,~i~i~ng. In case the CON- CTOR should appeal from the ENG~2,~EER~S decision~ any demsmd for s~bitration shall be filed ~th the ENGINEER and the O~NER in '~,~iting v,~thin ten (tO) days after the date of delivery 'to CONTPJ~CTOR of the ENG~fELR~S £inal decision. It is further agreed that final acceptance of the work by the O/~NaR~'- and the accep- t~ce by the CONTRACTOR of the final payment shall be a bar to any. claLms by either party~ except where noted otherv~se in the Contract Doc~nents. 6.03 ARBITRATION. Ail questions of dispute under this Agreement shall be submitted to arbitration at the request of either party to the dispute.. The Pa.~ties may agree' upon one arbiter~ otherwise~ there shall be three~ one nm-ned in writing by each party., and the third chosen by the two arbiters so selected; or if the arbiters fail to select a third ~Sthin ten (10) days~ he shall be chosen by a District Judge serving the County in v,~.ick, the ~-~ ~ ,~ - ~,_~o~ ~ortim~ cf the project is located~ unless othervrise speci£iedo Should the party demanding ar- bitration fail to name an arbiter ~thin ten (!0) days of the demand~ his right to arbitrate shall lapse,, and the decision of the ENGI!,~EER shall be final and binding on him. Should the other party fail 'to choose an arbiter v~thim ten (10) days~ the ENGINEER shall appoint such arbiter. Should either party reffuse or neglect to supply the arbiters with any papers or infonr, ation demanded in ~iting~ the arbiters are empowered by both ps~ties to take ex p-~rte proceed- ings. The. arbiters shall act with promptness. The decision of may two shall be binding on both parties to the contract, The decisicn of the arbiters uFon any question submitted to arbitration under this contract sho2[l be a condition precedent to any right of legal action. The decision of the arbiter or ters may be filed in comet to carry it into ez~fect. The arbiters~ if they deem the case de~nds it~ are authorized to award the p~ty whose contention is sustained~ such smn~s as they. deem prbper for the time~ ~p~se and trouble incident to the appeal~ and ii' theapr~l was t~<en ~%thout reasonable c ause~ they may award da~ages for ~y delay occasioned thereby, The ~biters shall fix their ov~ compsnsation~ ~ess otherwise pro- ~deJ by agreement~ ~d shall assess the cost and charges of the s~bitration upon either or both parties. The award of the ~biters must be made in ~iting. 7. AB/~DOR$~WT OF CO~T~C~ 7. O! AB~DON~¥~NT BY ~'~ C~J~RAC~,R. In case the CONTP~iCTOR shoed abandon fail or refuse to resume work wii~hin ten (10) days after written notification from the OWNER~ or the EN~INEER, or if the CONTRACTOR fails to comply ~Lth the orders of the ENGINEER~ when such orders are consistent ~ith the Contract Doc- umen~s~ them, and in that case~ where a performance bond exisvs~ the ~ * · ~ui-e ~y oil the bond shall be notified in ~iting and directed to complete .the ~,~rk, and a copy of said notice shall be delivered to the CONTRACTOR, After receiving said notice of ab~udo~ment the CONTRACTOR shall not remove from the work any machinery~ equivalent, tools~ materials or supplies then on the job~ but the s?me~ together ~th any materials and equiDment under ccntrac for the work~ may be held for use on the work by the O~'.I,~ER or the Surety on the construction bond~ or another contractor in completion of the work; and the CONTRACTOR shall not receive any rental or credit therefor (except when used in connection wi%h Extra Work~ where credit shall be -~._llowed as provided for under Section 6... Extra Work and C!aims)~ it being ~uuderstood that the use of such equipment ~d materials ~5.11 ultimately reduce the cos~ to complete the work and be reflected in the final settlement, ~'~ere there is no perf6mance bond provided or~ in case the Surety should fail to co,romance compliance with the notice for completion hereinbefore pro- vided for~ v0~thin ten (IO) days after service Of such notice~ then the OLNER may provide for completion of the work in 'either of the following elective mg21ne r s: 7.011 The O~.2~ER may thereupon employ such force of men. and use suc~ ma- chinery, equiDment~ toois~ materials and supplies as said O~2~[ER may deem nec- essary to complete the work and charge the expense of such iabor~ machinery~ equiFment~ tools~ materials and supplies to said CONTP~CTOR~ and e~:rense so charged shall be deducted and paid by the O~'R~[~L~ 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 e~psnse is less than the s~am which would have been payable under this contrac%~ if the se~e had been com- pleted by the CONTP~iCTOR~ then said CONT?~CTOR shall receive the difference, In case such expense is greater than the sum ~.?nich would have been payable under this contract~ if the sene had been completed by said CONTRACTOR~ then the CONTRACTOR and/or his Surety shall pay the smount of such excess to the O~'~ER: or 7.O12 The O~ER ~mder sealed bids~ after five (5) days notice oublished one or more times in a newspaper having geners~l circulation in the coomty of the location of the work~ may let the contract for the completion of the work under substantially the s~ne terms and conditions which are prox,ulded in this contract, In case any increzs~ in cost to the O~2~ER under the new contrnct as compared to what would have been the cost ~nder this contract~ such increase shall bo charged to the CONT~\CTOR ~d the Surevys~, n~ll '~ be and r~.~mamn' bo~d therefor. Ho~aver~ should the cost to complete be less th~m whav would have been the cost to ..... r ..... under this contract~ the CONTRACTOR and/or his Surety shall be credited there~.~th~ ~en the work shall have been substatiafELy completed' the CONTRACTOR and his Surevy shall be so notified smd. Certificates of Compiet~on mhd A ...... as provided in Paragraph ~.06 herei~bove~ ~ shall be issued. A compi~te it.e~.~ izod statement of the contract acco~ts~ co~ified to by the E~GINE~q as bein~ correct, shall then be prepared and de~vered to the CONTRACTOR and his whereupon the CONTRACTOR ~d/or his S~ety~ or the OLNER as the case may be~ shall pay the balance due as reflected by s~d statement~ within %ifteen (15) days after the date of such Ce~ificate of Completion C--13 In the event the statement of accounts shows that the cost to complete the 9ork is less than that which would have been the cos% to the OWNER had the work been completed by the CONTRACTOR under th,~; terms of this contract; or when the CONTRACTOR smd/or his Surety' shall pay the balance shov,n to be due by thom to the C%~f.,~ER~ then all machinery~ equiyment~ too!s~ materials or supplies left on the site of the work shall be turned over to the CO~?~.P~.CTOR'' ~d/or his Surety. Should the cost to complete the work exceed the contrac% price~ and the CONTP~C- TOR and/or his Surety fail to pay the ~-momnt due the Oh~3ER within the time desig- nated hereinabove~ and there remains any machinery~ equi~n~ent: toois~ materials or supplies on the site of the work~ notice thereof~ together ~th sm itemized list of such equipment and materials~ shall be mailed to thc CONTraCTOR ~_d his Surevy at the respective addresses designated in this ¢ontraet~ provided, how- ever~ that acvuai ~ritten notice given in any manner ~d2it sario~- o~y this condition. After maiiing~ or other g~.x~[ng of such .notice~ such property shall be held at the risk of the CONTRACTOR and his Sure%y subject only to the duty of the O~R to exercise ordinary care to protect such Froperty. After fifteen (I~) days from the date of said notice the Oh~iER may sell such machinery~ equiDment~ tools~ materials or supplies and apply th~ net s~ar~ derived from such s ale to the credit of the CONTRACTOR and his Surety. Such sale may be made at either.~ubmzc~ ' or pri- vate sale~ with or without not. ice~ as the O~%~ER may elect. The O%'g%~ER shall re- lease any machinery~ eq~q~.~ent~ too!s~ materials~ or su~plies~ ~nich remain on the %~rk~ sand belong to persons other thsa~ the CONTP~CT~OR or his Surety~ to their proper o~,~erso The books on all operations provided herein shall be o~en to the CONTRACTOR and his Surety. ~ 7.02 ABANDON~ENT BY O~ER. In case the O~,~)DER shall fail to comply ~,~th the terms of this contract~ smd shok~td fail or refuse to comply with said te~s with- in ten (!0) days after ~itten novification by the CO~[~C70R~"~ '~then the TOR may suspend or wholly abandon the v~rk~ and may remove theref~or~ ~! machin- ery: tools ~d equiDment~ and all materials on the site of work that have not been included in pa~ents to the CONTRACTOR and have not been wrought into work. And thereupon the ENGINEER shall mr_kc ~n estLmate of the ~ · ~ ed b~ %he CO~T~CTO~ which es%~na~e shall include ~he vp~!ue of ~! work ac6ua!ly comp!e6ed b~ said CONT~iOTOR (z6 6he prices s6~ed in ~he a6~ached propos~ where UP~t prices are used)~ the value of a~ partially completed work at a fair and eq~tabie price~ and the ~mo~t of a~tra Work ~erfo~,ed at the prices agreed u~n, or provided for by the t e~ns of this contra~t~ and a reasonable sram to cove. er the cost of any provisions made by the CONTraCTOR to carry the ~%ole v,ork to completion and which c~mnot be utilized. The ~GIN~R shall then m~fe a final st~tement of the bal~ce due the CDNTRJCTOR by deducting from the above estLmave all~ previous~ pa~ents by the O%'/NER ~d a~ other s~s that may be retained t,~ OL~ER ~der the terms of this Agreement ~md shall certify same to the ~o shall pay to the CO[7TRACTOR on or before thirty (30) days after the date of the notificavion by the CONT~ICTOR the balance sh~'n by said final statement as 'du~ the CONTPACTOR~ ~der the terms of this Agree~nt. IABOR CLASSIFICATION AND GENERAL PREVAILING IqAGE RATES Attention is called to the fact: that there must be paid on the project not less than the general prevailing rates of wages as set out below; how- ever, the inclusion of such minimum schedule of wages does not release the Contractor from the compliance with any State l~age Law that may be applicable. The Contractor must abide by the lqage and Hour Laws of tie State of Texas and must pay not less than the rates legally prescribed or as set forth below whichever is higher. ' Mechanic, IVorkman or T)Te of Laborer General' Prevai ling per Diem" ~ ,~aoe Based on 8 Ilr. IVorkin.g .Day Equipment Operators: Asphalt Distributor Asphalt Paving Machine Asphalt Heater Asphalt Batching Pla~tt Bulldozer, 80 H.P. or less Bulldozer, over 80 t.].P. Crane or Backhoe (Less than t-1/2'CY) Front End Loader (2 1/2 CU. YD. or less) Front End Loader (Over 2 1/2 CU. YD.) Motor Grader Operstor Motor Grader Operator Fine Grade Roller - Steel Roller - Self Propeiled Pneumatic Spreader Box blan Scraper Operator (7 CU.YD'. or less) Scraper Operator (Over 7 CU. YD.) Trenching Machine Truck Drivers [Single Axle Light) Truck Drivers (Tandem Axle) Asphalt Raker Brick Layers Manhole Builder Carpenter, Helper, Rough Carpenter, Rough Concrete Finisher (Paving) Flagman Form Builder (Structt~res) Form Setter - Curb & Gutter Laborer, Conm~on Laborer, Utility Man Pipelayer General Prevai ling Hourly Rate 24.00 3.00 24.00 3. O0 22.80 2.85 24.00 3.00 24.00 3.00 28.00 3.50 26. O0 3.25 24. O0 3. O0 26.40 3.50 28. O0 3.50 32.80 4. 10 21.60 2.70 20. O0 2. SO 22.40 2.80 24. O0 3. O0 28. O0 3.50 26. O0 3.25 18. O0 2.25 18. O0 2.2S 24.00 3.00 22.40 2.80 22.80 2.85 26. O0 3.25 28. O0 3.50 17.20 2. 26. O0 5.25 20.80 2.60 17.20 2.15 20. O0 2.50 22.00 2.75 Payment for overtime, work on Sundays and legal holida),s shall be governed by applicable State and Federal Wage and Hour Laws. Authorized deductions as required by Federal Statutes will be allowed. The Mayor is hereby directed to execute the aforesaid contract in the name of the City of Plainview, and the City Clerk shall attest and impress the Corporate Seal of the City of Plainview thereon, and when same shall have been properly signed by the said High Plains Pavers, Inc., .the said contract and all of its terms and provisions shall be in full force and effect. 1. This resolution shall be in full force and effect from and after its passage. PASSED AND APPROVED THIS 27th day of August, 1974. ATTEST: City Clerk / ~-'- Mayo~ " - ~LtTY OF PLAINVIEN ANALYSIS OF RF~VENUE REFERENCE NANE __AMOUNT 4'1888 OEL INWU.~NT TAX 1,335.29 41882 ALCOHOLIC BEV. TAX 2,8t8,.62 TOTAL $2,8t$.62 41871 ELECT FRANCH/SNP S 10,?15.01 TO!AL $ · = _ _ 41884 GAS FRANCHIS[IPNGC 5,518.73 TOTAL $5,518.73 41888 DELINQ. PEN. [MT.CST 190.15 TOTAL $190.15 41887 BUILDING PERMITS 319.9t TOTAL $319.9I 41887 ELECTRICAL PERMITS 117.72 TOTAL $117.72 41887 PLUMB lNG PERM t TS 126 TOTAL $126.95 41887 MISC. BLDG. P~RNITS 45.00 TOTAL 41849 SOL ICITORS FEE 5.00 41882 SOLICITORS PERMIT TOTAL $10.00 9_18 ~ 9 ~_=~LCLE~_S~:~ .... .2~. 00 41853 DOG LICENSE 4.00 41857 DOG LICENSE 2.00 41867 DOG LICENSE 41870 DOG LICENSE 41871 ~4~873 41878 41881 41882 41884_ TOTAL DOG LICENSE DOG_ L.~ I CEN S~_~. DOG LICENSE DOG LICENSE DOG LICENSE D O~___g_I~ _ 2.00 2.00 2.00 2.00 4.00 _ 2.00 $28.00 4186.B TOTAL CJCGRANTf}AC 73A021898 8,584.00 41857 41874 CI-CO ~EALT~ CI-CO HLTN EXPNSE/CO 2 · 467~5 2,558.6~ 41857 JUN_E F_~ SE~_CO._ 800_.00 ANALYSIS OF REVENUE RE_E RE_R~. ~j. CjE_ NARE_ AMOLENT TOTAL $80©.00 418/+9 LIBRARY CO. CON'TRIB. 600.00 TOT A L_ $600 . O0 /+18~7 C.O. SOL ID W_A_ST~ TOTAL /+42 .. 75 $442.75 4~1863 LIBRARY GIFTS fi MEMO i5.00 TO! A_]. $_15. O0 418~ TOTAL RE IMB~___R SESAL ~PHND 48q',8t__ · $484.81 /+1887 ZONING FEES 30.00 TOTAL $30.00 /+1878 POLICE ACCIDENT RPTS 104.00 TOTAL $t04.00 4i86B MOSQUITO SPRAY/WALKR 109.65 /+1890 VECTOR CONTRL COLLEC £ t!gi2o93 TOTAL $2,122.58 4185B ~EED MOWING 27.76 lOT AL ~I849 POUND_ FEES 6.50 4185'? POUND FEES 6.50 4186_7 POUN_D FE_ES 10. O0 41873 POUND FEES 6.50 ~+1878 POUND FEES 6.50 ~_881 _ P~ND F~_~ 6~ 50 41882 POUND FEES 12..50 ~88~ POUND_ FE~ 9 . 50 ~1882 ~OUND FEES 9.50 ~1887 DOG SALE 6.50 4~887 P~ _F~ ~ 9 . 50 _ TOTAL $141.00 41849 RABIES VACC B.50 4187B RABIES VACC FEES · ~.___~_!~: 87_8 B~,~LLES_ V~ ~ ~0 41881 RABIES VACC FEES 3.50 TOTAL 41867 USE STREET S~EEPER TOTAL 15.00 ~ ! ANALYSIS OF REVENUE A~40UNT 41890 SAN ]TAT ION COLLECT. ___41890 CONTAINER C_OLL ECT. TOTAL 13 ~084.05 2 ,_795. ?4 $2,795.74 41849 FOOD PERMIT/KOLLISON 5.00 TOTAL $10.00 3~5~9 CORRECT REF ~418.i4 85.25 41846 SIXTEENTH ST POOL 61.75 ~18~8 SIXTEENTH ST POOL 58.75 41850 SIXTEENTH ST PO~ OL 44.75 41852 SIXTEENTH ST POOL 48.50 41854 SIXTEENTH ST POOL 48.65 41854 SIXTEENTH ST POOL 6!.75 41856 SIXTEENTH ST POOL 47.75 4185B SIXTEENTH ST POOL 60.2.5 ~ _SIX. T2E~~T PO_..-__L_ _~59o25 41862 SIXTEENTH ST P ' OOc 20~.00 41865 SIXTEENTH ST POOL 6i.00 41866 SIXTEENTH ST POOL 50.25 41868 SIXTEENTH ST POOL 6B.O0 418'72 SIXTEENTH ST POOL 172.50 ~1872 DEPOSIT LONG .10 41875 SIXTEENTH ST POOL 64.25 41876 SIXTEENTH ST POOL 55.25 418'76 DEPOSIT LONG__ 6.00 Z~1880 SIXTEENTH ST POOL 53.75 41883 SIXTEENTH ST POOL 68.50 ~1885 SIXTEENTH STPOOL 23.50 41887 SIXTEENTH ST POOL 47.75 41890 UNDERDEPQ $ IT TOT A L - i ~ 05 $1,605.55 41848 41883 TOTAL FRISCO POOL FR. IS~O POOL _ 31538 ~0 ~. RRECT REF ~41822 3.75 5.50 $9.25 9.50 41850 ~85~ 4185.4 41856 41858 41862 4.1865 800KER T POOL BOOKER T _ POOL 800KER T POOL BOOKER T POOL BOOKER T POOL BOOKER T POOL 800K__ER T POOL_ 5.75 t_,50 7.50 2.25 5,00 24.75 5.00 ANALYSIS OF REVENUE AMOUNT BOOKER T POOL 41854 41856 41862 ~.86Z 41883 418'72 44879 TOTAL P ~~E ~_S_SZO N. $ POOL CONCESSIONS .PL~~iC~S CONCESS IONS POOL CONCESSIONS ~~S I~N S POOL CONCESSIONS POOL CONC~_IONS S. POOL CAN DYCO~ I SSN CONCESSIONS _COKE .~DNE~S POOLS 41845 SHELTER, HOUSE USE 4.50 8©.00 2.80 _ 15.40 3.20 _4.B5 9.60 42.60 13t.00 $429.95 t0.00 41853 ~1857 41861 _41881 41884 ~t845 41847 SHELTERHOUSE USE SHELTERHOUSE USE SHELTERHOUSE USE SHELTER_ USE SHELTERHOUSE USE ~!D.O0 ~ 10.00 !0.00 t0.00 i0.00 t0.00 SHELTERHOUSE DEPOSIT i5.00 SHELTERHOUSE DEPOSIT' 15.00 41857 41881 41~4__~ 41845 41849 41_8_9_1 418~2 4185B 41854 41857 41859 41860 41861 41~6B _.SHELTERHOU,S~ DEPOSIT SHELTERHOUSE DEPOSIT SHELTERHOUSE DEPOSIT REC_~=T_IV T!I_Y_ FEiE_S_ REC. ACTIVITY FEES REC. ACTIVITY FEES ~_~kC_T_LV_I T y SWIM LESSONS REC. ACTIVITY FEES SWIM LESSONS REC. ACTIVITY FEES REC. ACTIVITY FEES REC. ACTIVITY FEES REC. ACTIVITY FEES 15.00 15.00 15.00 $9~00 15. 8.00 3.00 ~00 30.00 20.00 12.00 99.00 25.00 8.00 25-00 14. O0 16 ~.0 CZLTY DF ANALYSIS OF REVENU= REF~ AMOONT 41867 REC ACTIVITY FEES 41868 SWIM LESSONS 6.00 ~870 REC ACTIVITY FEE~S 19.00 418'71 REC ACTIVITY FEES 18.00 ~1872 .SWIM--NS_ 18.00 41876 SWIMMING LESSONS 120.00 41881 REC. ACTIVITY FEES 14.00 &1884 REC'.ACTIVITy FE~S 18.00 TOTAL 418.58 $590.50 SWIM LESSONS TOTAL TOTAL 41853 LIBRARY COPY NACHINE 10.00 4-1863 LIBRARY COPY HACHINE 29.00 ~18__~82 LIBRARY DUPL MACHINE 64.00 TOTAL .......... 41845 JAIL FINES 20.00 ~1849 JAIL FINES 95.00 ~1853 ~]L FINES ~1860 JAIL FINES 57.50 ~86~_ JA~L F~S ~0.00 ~i86~ Ja~t F~N~S ~0.00 418~ JAIL FINES 102.50 ~i86g JAIL FINES 100.00 41871 JAIL FINES 32.50 AIL FINES AIL FINES ~I874 ~878 j &188i j 41884 j ____A1887 j TOTAL AIL FINES_ __10.00 AIL FINES 10.00 ~It FINES 237.50 ~IL FIN~S 97.50 $1,425.00 41845 TRAFFIC FINES 225.00 41849 TRAFFIC FINES 4'185. _ 1_ TRAFFI~ Fi~S_. llO.gO 41853 T~ - : RAFFIC FINES 215.00 _~~855 TRAFFIC FI~ ~6B.O0 4185Y 'iR~F~tC FINES iBO~O0 41861 TRAFFIC DINES 9~.00 Al. Bi3 TRAFFIC FINES 240.00 C~[IY__O F Plan ANALYSIS OF REYENU~ AMOUNT 41864 41869 4187! 41874 41881 ~t884 _418~7 TOTAl /~18/,7 TRAFFIC FINES TRAFFIC FINES _TRAFFIC FINES TRAFFIC FINES T RAFF]LC___F~S TRAFFIC FINES ~C,~.~INES ..... TRAFFIC FINES T ~~E~ 'TRAFFIC FINES TRAFFIC FI~S_ PARKING FINSS 155.00 32.50 202.50 260.50 22- 50 232.50 t~.50 $2,964.50 14.00 21.00 3.00 41853 41855 ~1857 41860 41863 41864 PARKING FINES PARK ING FINES PARKING FINES PARK ING FINES PARKING FINES PARKING FINES 4.00 ~3. OO lY.O0 5.00 PARKING FINES --6.00 41869 PARKING FINES 41870 PARKING FINES 1.00 ~18.7B PARK lNG FINES lt.OO ~1874 PARKING FINES B.O0 ~18~8 PARKING ~IN~$ 7.00 418~1 ?ARK ING ~qMS 5. O0 Z+1882 PARKING ~IN~$ 41887 PARKING FINES -- ~OTA L 3. O0 $155.00 41851 LOT LEASE/STANDEFER 3'i.36 41B_5_5~ __LOT ~LJDJ~[TIN 50 . 00 ~1860 LOT LEASE/MITCHELL TOTAL 4187/. $6.00 REF. CLEARING LAND 4____1874 ANALYSIS OF REYENUE , ~E~_~LC,_:E N AMJE_ A MO UN T TOTAL $257.84 41845 USE BALLPARK LIGHTS 10,00 TOT_At $10,00 41864 TO'TA L REC~O¥ ERAMBULANCE EXP 67.50 $67.50 31536 CORRECT REFt4.1860 12.00 4____!867 UTILITY REFUNO/J RAY i2.00 TOTAL - - 41864 $24, O0 REF. GROUP INS/BCD 70.71 T__O T_~A L $70.7_ ! 41845 STATE COURT COST 35.00 41847 STATE COURT COST ZO.O0 41849 STATE COURT COST 22.50 41851 STATE COURT COST 20.00 4_1853 ST AT ;~:~OUR T_~.D~S T 41855 STATE COURT COST 12,50 41857 STATE COURT COST 17,50 41860 STATE COURT COST 2.50 41861 STATE COURT COST 25,00 41863 STATE COURT COST. 42.50 __4. ! 8_A~ ~.s.!~ !~E_C~u_B~T~_g O~$_T 27 .____~ o 41867 STATE COURT COST 15,00 41869 STATE COURT COST 12.50 41870 STATE COURT COST 20.00 41871 STATE~OURT C~ST 50, O0 4187~ STATE COURT COST 32,50 41878 SLATE COURT COST 2.50 ~2188!_ STATE COURT~OST _30.00 41882 STATE COURT COST BO.OD 41884 2fATE COURT CO..ST 40.00 4tS87 STATE COURT COST ~2.~0 4_t ~90 ~3-74 TOTAL 41890 Ld!ZE~J 0 F ifa X 19.73-74 8,C,g. EXP3 22~05 .. 00 $22,000.00 13~205o00 3154_1 GEN~INVEN_TORY SALES I_t...365.89 41847 XEROX/PLY FCU 1.30 . .. 4. i~49 _XEROX COP lES . t0 41855 SUPPL IES/CPCAP 12.95 41861 XEROX COPIES .lO 41863 SU PP____PA~. t VE&/SPHPRO¥ Z 00=.J 5 ANALYSIS OF REVENUE ANENT 41867 OFFICE SUPPLIES 5.00 41878 41878_ 41881 _4_1882 41884 41889 /~OIAL_ CITY MAP XEROX _~QP y OFFICE SUPPLIES XEROX CQP~. E_S_ CITY MAPS JULY SPEC. SERV.o/UF 1.25 6.00 .10 3.75 769.10 $2~_3 _66.44 .4_t_877 TOTAL INTEREST C0~3~85A 8211.92 _ $821.92 4t860 TOTAL INTEREST/CD#3195 42.71 $42.7 i 41968 TOTAL NATER COLLECTIONS 41968 TAPS 81 t076.40 $81,076.40 TOTAL ~1968 TOTAL SEWER SALES 2,541 $2,54! 12,860.40 $12,860.40 41949 TO!AL 41~949 TOTAL 41949 INTEREST/CD#q778 INT_ER~ST_/CD#47%8 INTEREST/CD#4778 1,35! .06 $1,351.06 i,386.61 $1,386.61 TQTAL TOTAL INTER~86 INTEREST/CD~2429 817.74 $817.74 t34-82__ $134.82 1,462.50 TOTAL TOTAL INT $133.60 41968 .IOTAL_ 41968 TOTAL 41968 · SANITATION COLLECT. V~N'T~EC T CONTAINER COLLECT. t3,084.05 $2,0t2.93 TOTAL_ 2,795.74 $2,795.74 C~l'¥ I~F ~LAIN~/IEW ANALYSTS OF REVENUE AMOUNT CITY OFPLA IN¥IEW LIST OFB'~ILL5- PAID FROM REFERENCE NA~ AMOUNT RETURNED CHECK FUND TOTAL RETURNED CNEC~ FUND SZ~l 2., 25 HOTEL-MU[EL ROOM TAX B307 ~,V I AT ION COM~ I TTEE B..30g C E SLIN ~COUARY SIG 40,530 RETURNED CHECK S TOTAL SOCIAL SECURITY FUND 36.65 20©.00 250.00 $&33.50 7:5 _ $7 ~.~30 RUNNUN.GWATER ORAN PARK T~X/~S COM~;ERCE/C. ITY 6,640.2 ~ CO S B-CITY BON~ ~ TOTAL 'W~TER~SE~ER REV BD RES¥ 1973 CER'T. DF OBLIG. ~L12~_52~.5© T~TAL CRMAR RIGHT OF NAY FUND 3313 CITY/LIB PKG- LT'FUNu~ ~n 41605 ......... CK~3313 73.67 73 3310 ~7 CITY NATIONAL.. 3,000. O0 C)TJF__X_LF LIST OF BILLS PAID 3312 ~i AYLAND ~APTIST 23752 23754 23756 23758 23760 23762 23764 23767 23769 23771 23773 23775 23777 ~RS MARION GION JEANtE .SAER BILL BRYANT LgBBOCK-~MUNCPL COURT CITY/UTILITY FUND ~ tRPORT C~F~ ~UN I FORN C TEXAS .DEPT PUB SAFST ~ARSHALL PHARR sw PUg SERVlC ~ILLY BEASLEY REYNALDD FENNELL ~ALT~R JACKSON DWIGHT ROYAL ~tLLARD BRYMER t5.00 270.00 88.55 30.00 JS~. 3q__ .2~.60 46.70 73.20 30.00 200~,08 5,8'73.65 !28.32 _ 30.00 ~5.O0 _ 25.0O 40.00 45.~00 35.00 37.5.00 _ 350.0:0 23780 23782 23786 23786 23788 23790 23792 23794 23796 23798 SW BELL TELEPHONE BD OF CITY DEYLPNT R C HODGES ELECTaIC CAPROCK RUBgER CO HENEGAR WELDING ~~~~S ~00~ 37.30 2,083.33 1~.60 Y8_~-82 218.00 15.00 ROBERT S CALVERT MIDWEST REPRODUCTION RUSTY ABBOTT PAGE FOOD CO CREDIT BUREAU 2,030.52 88.71 t06.28 40.00 471. _66 1.55 2_?..32_ 19.00 5.00 LIST OF 8ILLS PAID FR©~ A]~OUNT 23800 23802 23804 23815 238i? 23819 23821 23823 23825 23827 23829 23831 23833 23835 23837 23839 23841 23.845 23847 23849 23851 23853 23855 Z3857 23859 EXXON BRATTONS COUNTY CLERK-TUCKER HIGH PLAINS PAVERS 8.80 30.00 11.50 70.10 4,168.18 PV SAFETY LA~E PV PAINT CTR ~tGH PLAINS CONCR~T~ 'THREE CORNER MOTOROLA UP TRAFFIC 10~00 213.05 35.30 65.66 6.75 117.19 8.35 233.42 i~1©5.05 102.06 233.00 THREE N CONPANY ROBERT ..~ANFORD~ ~' ' DAVID JONES KURT HINES 220.00 15.00 11.40 200.00 240.00 13.30 TAPP OFFICE SUPPLY T tLLERSON FISH TEXAS INDUSTRIAL SEIPP ~ACHtNE S~OP JI~Y RAYNER GARAGE P¥ FEED ~ SUPPLY EXXON CO NEALS ARCO COCO-COLA BOTTLING DOC CROSS CARPETS FIRST SUPPLY CO 15.oo 96.21 _264.!8 8.81 35.72 15.00 3.99 153.29 35.00 31.84 26.40 204.60 13.90 1 ?. 9_1 __ 408.75 .t3.26 15.00 31.94 9~.52 LIST OF BILLS PAIDFROM~ R~ AMOUNT 23861 2B86B 23865 23867 23869 23871 238?3 23875 2387? 238?9 23882 2~883 23884 CITY OF PLV PAYROLL B CROSS B SHIELO M ATCHISON,TOPEKA INGRAM BOOK CO [NV [RONMENT SAKER. GRIFFtTH TRI~ SHOP TEL LO,HOUSE ~ACHINER S~ PU~LI~ ~RVI~E CO PV ROlO INC J~C~O~ T~RE CO_ MRS ~ T ~TSLER GEBO DI ST~ I BUT ING NARIDN S~AIN 2 ~5,6i. 72 59.85 37t..88 470.64 1Z.O0 4.QO llO.OO 7~60 10. O0 ,260.00 74.60 42.50 167.75 15.00 412.88 1.50.00 KELTZ GARRISON 58.00 NEAL WILLIAMS 23886 23888 23889 23890 MEDLIN CARPENTER 39.B0 ~~NYDER 660.75 SM 8ELL TELEPHONE CO 1,031.55 DON MOUSER AGEMCY 20,0~7.00 S P ASSN OF GOVN~TS 7,359.75 2389k 23892 C t'TY/GENER-4O 5 I0.00 23894 23896 ~7 23898 23900 23902 23903 23905 2390? 23910 23912 H~LE CO STATE BANK 750.00 ~_MT ~AyST 73.29 §ANKAMER I CARD 38 ~. 03 BROAD~O =~ASH 2!.00 MARSHALL PHARR 57.25 ~oogx SEV~$ON 4~o.oo JOE FERGUSON 244.00 ~EST PUBLISHIN6 CO 7~.00 ~ARTGRAPHtCS [ OFFIC !9 !7 ~v~~~~j~ i 3 s. o o 565.62 90.06 DICKIES WORK CLOTHES ~27.80 EATON STAT IONERY 2! B. 78 TOWN g COUNTRY 15.00 WAT~N_ 8ROS G~A~E 2.00 SIGNAL ENGINEERING 1~551.~1 ~~7 FARMERS BLACKSMITH 10~.00 HOOPER: ~OR PTS= t77.01 C_t'T¥~. F e~~EN LIST OF BILLS PAID FROM NAME_ ANOUNT 23914 23918 23920 23922 23924 23927 23929 23931 23933 23935 23937 23939 23942 23944 ~5_ 23.9A6 23948 23950 23952 23954 23956 23957 23960 23966 LES SLAUGHTER NAGGIE GARZA TONMIES K~Y & LOCK VICS ELECTRIC T ~ J AUTO ROCKWELL BROS PL~$. PRINTING _ ~V PLUNB~NG HIGH PLAINS PAVERS GALLA~AYS JAN ITOR G~~A~ER V ~ C E DAFF6~N STEEL 5 ~ H~RTON NU-GRI DDL~ CAFE 18.40 242.80 15.00 86.84 229.94 852.63 2~.95 2 O0 5.98 48.05 64.36 496.14 SU 230.90 107~26 186.41 15.00 7.85 BEARINGS g IND SUP BOBS PLU~ ING ~NNETTS ~ANT EK _CORP FARMERS BROS 50.i5 6.75 29..44 122.95 72,00 i5©.I3 ~0.66 SN B~LL TELEPHONE CO SW CO S~ PUBLIC SERVICE ~:ST P~ARMA~Y PHILLIPS BATTERY 25.33 62.65 36.65 NORRIS CLEANERS 5TH ~ COLUMBIA CAN~RA SHOP DONS NURSERY CITY/UTILITY FUNO !64~98 27.25 7i.84 2.75 737,90 I76.4t 234 42.7.5 505 BILLY BEASLEY JIMMY JACKSON NAR ION SeAIN NICK BARRON R. EYNAL gO FENNELL 78_,4'7 40~00 27.50 _30,00 55.00 45 .. 00 30,. O0 45.00 40.00 LIST QF BILLS PAID FROM NAME AMOUNT 23968 239Yg 239?2 23974 2333_5_~ 2'3976 2,3978 23980 23982 23983 MCDONALD TRADING SA-SO, tNC C ITY~'INSTANT PAYMENT BAKER li TAYLOR CO A A A RENTAL THANES BOOK CO CENTRAL CLAIMS VOC 'ATCHISON~TOPEK~ a a S STAN BEASL EY a~IAN J DAVIS DAVID. ~ONES 378.13 171.87 8~.lu 410.23 389.2? 7.87 4.~0i 13.45 240.60 2.50 I0.00 !75.00 12.50 20O,,OO Z40,.O0 23984 23986 23988 23989 23990 2399gk 23992 23994 23996 2 3998 24000 24091 24002 FAR ~, ST RESTAURANT GENERAL LEARN lNG CITY OF PLV PAYROLL ~S~.~ ! TY FIRENENS RETIREMENT TE× MUM RaYtRE~ENT HiSTEY [ONStRUCTION HAWKINS SUP 36.19 8.60 42~330.49 ~.~890.41 1,031.92 2~298.28 21.47 HO~ARDS TEXACO, lng MRS 8 G PERRY 26.76 662.80 3~561.02 22.00 22.00 22.00 MRS CY RAMSEY L W KIKER T MRS L D ~RONN ~RS L N KtKER 22.0© 22~O0 22.00 22.00 MRS T J GARDNER 22.00 2~003 24O04 24006 24007 MRS GRAFTON MCINNISH 22. OO J R NAYLAND N. RS~/SOB ,~,~AYLA~D B A NOBLE MARTNA C BARNES 22.00 22.00 22.00 22,. 00 24008 240D9 24010 J OLIVER BIER MRS HAROLD CHEWNING MRS J 0 BIER 22.00 22.00 24 24012 2~0t3 24014 CURRY MTa FREIGHT TEXAS GOOD RDS 6.95 15.00 NATIONAL POL ICE 14.50 2:40! 5 24016 24018 240_19 MALT R JACKSON SN PUBLIC SERVICE >.~._ TIME CHEMICAL il JANt I ~ M CORPORATION 6~!99.90 6.75 57.60 t36.53 CIIFY OF PLAINVIEN LIST, OF BILLS PAID FROM TH LY 3!, 1974 'EFERENC~ NAM E ANOUNT 24022 2'4023 2402q- 24026 24030 ROBERT M BADGER LYDIA RDDRIQU~Z ,MARY LOU TRUES,DALE JAMES ZEECK 2.17 139o80 t08.27 24.99 18.63 50. O0 MART HANNA 25.00 ~=AY~ ~STON ENAM 2 O O, O0 MARSHALL PHARR 300.00 HALTER DODSON ~0.00 HALE CO ABSTRACT t9-50 DON MOUSER AGENCY 2~345.00 24032 XEROX CORPORATION 436.03 _-2i0t3__ y 22.78 24034 VICS ELECTRIC 12.00 240~5__ BOBS PLUMB lNG 67,34 24036 C ITY/UT IL I TY FUND 1,311.90 240~ ~RS I ~ ~AtLY 15.00 24o38 BELL TELEPHONE 1 ,.00 24040 JIN ATK INSON i20.00 24042 STAN BEASLEY 350.00 24043 BELL TELEPHON~ CO CITY-UTILITY FUNu 114.01 257,84 142,g3 t1A,82 50.00 24046 ZAg4y 24048 24053 TDTAL GENERAL FUND ~~ ER I CARD L IMBOCKERS GARAGE S ID COOPER NICK BARRON PALMER CHEMICAL F~ EQ SN BELL TELEPHONE CO q_ITy YM~NT 96,36 987,83 63,02 $208,57 .. ,,, 38 WATER & .SEWER FUND 8976 8978 8979 8980 89~ 8982 ..... 89_8;t 8984 8989 8~90 _ 8991 8993 ___8994 SW PUBLIC .SEIV CO TRICE WHOLESALE CURTIN MATHESON MCDONALD TRADING GARDNER CHEVROLET ),363.90 66.80 541.92 73.88 67.50 86.26 8.00 GL~NNS~ENTALL ~Tg GIFFORD HILL CO CITY/CRMN.A.-412 JERRY CAYLOR AUTO ~ILLSON ~ SON HIGH PLAINS CONCRETE DIAMOND INDUSTRIAL TAPP DFFICE SUP SEARS ROEBUCK 16.50 041.66 t7.86 5.56 72.55 2,60 39,78 13.38 49.84 CITY OF_ PLA. INVIEW LIST OF BILLS PAID F~IOM ~9_7A_ ..... 3~ 1974 N AM E AMOUNT 11.0:8 233.23 8995 SANTA FE TRAIL __ 8~ _ 0 8997 PV TRUCK SERVICE 899:8 P P C COMPUTER 8999 CITY/WgS.-INT ~ SKG 735.35 14. ,77u. O0 8,068.11 ~ ,CITY OF_PLV PAYRO~LL 9002 CITY SOCIAL SECURITY 9004. CONNOR MATHES us N ss 9006 WANT EK 9~ G E JONES ELECTRIC 9010 SPECIAL .SERVICES ~ 'PIONEER NATL. GAS 90:i3 GEBO DISTRIBUTING 90lO .SW BELL TELEPHONE 9015 DON MOUSER AGENCY 471.88 539.83 38.80 '7.02 708.50 106.09 7.50 4.10 CO 64. t0 216.68 13,366.00 ~0i7 DICKIES WORK CLOTHES 9018 HONEYWELL, INC 212.10 627.38 9020 9021 9022 _.H_OOPER MOTOR eTS TOMMIES KEY g LOCi( S E C CORP 2.46 8.60 9025~ 9026 9027 9028 35'7.50 ROCKWELL INTL CORP 794.92 9023 P V PLUMBING CO 83.27 9024 iiENRY TIRE Ci] 19..50 RILET 7.3.95 GARRISON OIL 24.7.08 GALLAWAYS JANITOR gU 8!~87 DAFFERN STEEL 250.62 9029 BEARINGS 5 INDUSTRIA 45.60 9030 BOBS PLUgBING 14.12 SW BELL TELEPHONE 79.50 HAGGARD WALL MOTOR 9.45 CITY/UTILITY FUND 12.00 9032 9033: 903~ _9035 9036 PV HARDWARE CO 2.48 PV PLATE GLASS 250.50 9~37 9038 9039 904.0 90!5 9046 9 904..8 '9050 9051 ~CDONALD TRAD!_NG CANAOIAN RIVER MUM W WHITES AUTO ST~RES C ITY/INSTANT PAYMENT _ OON M~USER A~ENCY NOTES HELD[NG C ITY/GENERAL FUNO PV ImSURAa~E A~ENCY CRM ~ g CLONE ~ CONAN ~ESYERN IaDUSTRIAL ~A~E $ GAMON-CALM~T CITY OF PLV PAYROLL 32.00 3 ,.468.4-4 64.88 7.00 t17.00 22.00 .2 !-:00 6,900.00 304.00 931.55 2~55u.20 ! ~052.57 6.95 726.40 8 ~, 34'0. t 2 CITY OF PLAINVIE~ LIST OF BILLS PAID FRO~, _ REF ERiE AMOUNT 9052 90~53. 9055 9056 CITY SOCIAL SECUi{ITY 487.97 ~~N E~T 64 9 o 52 JOE B COBLER 894.14 G R HALE CO 346.24 SW PUB SERV CO ~ ] B M COrPORAtION ~6.55 9058 H R BUNDOCK~ INC i~750.00 9060 C ITY/GENEEAL FUND 6 ,gO0. O0 9061_ DON NOUSER AGENCY 385.56 9062 CITYJGENE~AL 769.10 9~ S~ BELL TELEPHONE CO 208.86 9072 CITY/GENERAL FUND 53,097.72 'TOTAL WATER ~ SE~ER FUND $163,393.65 PAY'ROlL FUND NET PAYROLL CHECKS ~6~981.9~ NET DAYROLL CHECKS 36,437.74 _3~ CITY ~OC I~k_SECUR I TY 2 ~37.8 t 3~01 CITY NATIONAL BANK 6~357.20 3302 B CROSS D SHIELD 1~975.75 ]BO~ G A INS COMPANY 19.93 3304 CEN PL GEN HOSPITAL 7..50 3305 PLV FED CR UNION 3,439.99 ~?k3].4_~__ _ ... SEC_ URITY Z ,452.97 3315 CITY NATIONAL BANK 6,355.80 3316 F IREMENS RET IR EMENT 1,031.92 3317 TEX NUN RETIREMENT 3,239.5i ~ CEN PL GEN ~O.SPITAL 3319 PLY FED CR UNION 3~523.37 = !NS'TAN. T PAYMENT F-_.,. :. UNO 9807 OLE SEABREEZE 6.51 _ 99.55 ANARILLO TRUCK STOP 6.30 9956 ONION OIL CO 9.19 _. R~!CKY _COX 5. 15 10085 POST,~AS T ER/FORD I0. O0 I0~15 ~IKE ~CGREGAR !.08 10121 JOSEPH CRANE 5.00 ~ _CYNTHIA DANIEL 1012~ BRENT BARTON 10125 KIP CARTWRtGH'T ~ ST&AIM ~ DUNA~AY 10145 PAT ~OGG ~ POST~-t~S T ER/~OR D 101~7 POSTMASTER/FOR D IO t51 POSTNAST ER/FORD 10 152 POST~ASTE&/FOR~ 3.00 9.00 i.50 3.96 !0.00 10.00 !0.00 !0.00 · CITY OF PLAIN¥IEW LIST QF BILLS PAID REFERENCE NAME ANOUNT 10153 POSTNASTE~/FORO 10.00 J~]~4 pOSTNASTER/F~O 8.00 10156 FORAKER SHAMROCK 1.80 10157 SPUDNUT SHOP 4.72 10158 PERR¥S 1.20 10166 CITY OF P¥ .90 10165 UNION 5US 10170 SEVEN SEAS 110177 LUBBOCK COTTON OIL 10202 KENTUCKY FRIED CHICK 1.78 1.50 7 .. B9 9..00 t4.. 81 1020B KELTZ GARRISON 21.,.60 10204 8ASKIN ROllINS 10295 N©RNA MOL INA 10206 UNION BUS STATION 10207 FURRS CAFETERIA B. 54 TOTAL INSTANI BAYM~T FUND $226.41 UTILITY OEP©SIT FUND ~56g~' L IN COMER 4563 2Ilq DICKERSON 1 ~564 SARAH DICKSON 1. O0 4565 FLOYD EDWARDS lO.O0 4566 ~OAN ES'T~ADA 5.35 4567 CHARLES SKEIN 5.15 4569 CITY/UTILITY FUND 75.40 4573 C ITY'~UT IL ITY FUND 120. OO 457~ CITY/UTILITY F~O 119.45 4575 CITY-UT IL iTT FUNg 120.00 4582 THOMAS BAIR~ ~58~ HALE CO WEED CONTL 10.00 ....... 4584 -.: HOUGH~S R SON__..~ ~TABLE 3.05 4585 PAULA MCCARTY 3.55 4586 LARRY R RAY 3.70 4587 J L R~AVES 3.~0 4589 ~H ~ ~ ~ ~ ~ARL~ ~I~.ICKEL 4.75 ~590 JOE VALLIN 6.70 459B CITY/UTILITY FUND i2O.OO 4228B CORRECT CK ~4580 t.35 CITY BOND & COUPON ACCT ~BLI~. 80. 1966 TOTAL GEN,. O8LIG,. 80. 1966 WATER UTILITY REV ~_~D 66 SEWER' UTILITY REV BD 66 CITY OF PLAINVIEW LIST OF BILLS PAID F_P, OM ~EF ERENCE NA~E A~OUNT TOTAL ~E~ ~JER UTILITY REV BD 66 $. REVENUE SHARING FUND 351 HIGH PLA INS PAVE{~S 1,970.05 352 JOHN THRASHE~. ~ SON q-O0. O0 ;35~. JOHN THRASHER & SON 1,000.00 354 LUBBOCK LABS 40.00 356 JAMES ROBISON 407.28 357 J BASSETT S~ITH 3,600~00 358 WENDLAND ~FG CO 'TOTAL REVENUE SHARING FUND $39,37z~. 83 ~PRQ R_A. TA C. ~ QNST~. FUND TOTAL PRO RATA CONST. FUND PRO RATAESCROW" FUND TOTAL PRO RA_TA ESCROW FUNg TOTAL PAVING ESCROW GP, AN.D TOTAL $656,411.23 MINUTES CITY COUNCIL REGULAR MEETING August 27, 1974 Page It was moved by Alderman Browning, seconded by Alderman Garrison, to adopt ~Ordinance No. 74-1617, an ordinance declaring the public necessity for the improvement of certain designated portions of certain designated streets in the City of Plainview, Texas; specifying the nature and type of such improvement; establishing the manner of effectuation and method of procedure thereof, designating and separating units of work; allocating division of payment of cost; providing rule for apportionment of cost, fixing time, terms and conditions 'of-payment of cost and providing and defining assessments therefor; specifying nature of assessment liens and personal liability; providing for issuance and provisions of assign.able certificates in evidence of assessment for costs; directing the City Engineer to prepare plans and specifications for the improve- ment of the designated units and include same in project for which competitive bids have been previously received; and directing the City Clerk to file notice of the enactment of said ordinance° Motion carried unanimously. It was moved by Alderman Cross, seconded by Alderman Carpenter, to adopt Ordinance No. 74-1618, an ordinance declaring public necessity for the improve- ment of certain designated portions of certain designated streets in the City of P!ainview, Texas, specifying the natume and type of such improvement, establishing the method of procedure thereof, designating and separating units of work, alloc.ating division of payment of cost, providing the rule for apportionment of cost, fixing time, terms and conditions of payment of cost and defining assessments therefor; specifying nature of assessments, liens and personal liability providing for issuance and provisions of assignable certificates in evidence of assessment fop cost, providing for heaming and notice of hearing 268 . MINUTES CITY COUNCIL REGULAR MEETING August 2?, 1974 Page-4 for abutting property owners prior to assessment; Prescribing'~he procedure for such hearing, directing City Engineer to prepare estimates of cost of ~ improvement and amounts of proposed assessment, providing for performance of work by contractor, providing for manner and method of payment of contractor, and declaring an emergency. Motion carried unanimously® It was moved by Alderman Garris°n,'sec°nded by Alderman Browning, to adopt Ordinance No, 7_74-.~61~., an ordinance of the City of Plainview, regulating the erectiQn~ construction, enlargement, alteration, repair, moving~ removal, demolition, conversion, occupancy, equipment use, height, area and maintenance of all buildings and/or structures in the City of Plainview, Texas: providing for the issuance of permits and collection of fees, therefor; providing penalties for the violation thereof; declaring and establishing fire zones: repealing Ordinance No. 71-1156 of the City of Plainview, and all other ordinances and parts Of ordinances in conflict herewith. Providing for the adoption of the 1973 Edition of the Uniform Building Code, Volume t, as copy- righted in 1973 by the Intermational Conference of Building Officials, Whittier, California, with certain amendments thereto: directing publication of the descriptive caption of this ordinance, with the penalty provisions..~ of the Uniform Building Code 1973 Edition and providing an effective date of this ordinance° Motion carried unanimously. Discussion was held on recommendations of the Parks, OpenSpace, and Recreation Committee. It was moved by Alderman Williams, seconded by Alderman Cross, to adopt Appropriation Ordinance No, 7_43161~lfr°m the Revenue Sharing Account 427 in the 269 MINUTES CITY COUNCIL REGULAR MEETING August 27, 1974 Page $ amount of $77.50 payable to Higginbotham-Bartlett Company for Joliet Street Bridge repair. Motion carried unanimously. It was moved by Alderman Carpenter, seconded by Alderman Garrison~ to adopt Appropriation 0mdinanee No. 74-16~2 from the Revenue Sharing Account 427 in the amount of $686.50 payable to High Plains Pavers, Inc. for materia!-used in Joliet Street Brfdge r~pair. Mation carried unanimously. It was move~ by Alderman Cross, seconded by Alderman Williams, to adopt Appropriation Ordinance No. 74-16~__3from the Revenue Sharing Account 427 in the amount of $266.00 payable to Maggard-Nall Motor Co. for addi'tional equipment consisting of PTO and controls for replacing alternator on new truck for Fire Department. Motion carried unanimously. It was moved by Alderman Browning, seconded by Alderman Garrison, to adopt Appropriation Ordinance No. 74-1615 from the Revenue Sharing Account 427 in the amount of $68!.82 payable to Associated Supply Co., Inc. for Invoice 7057, repair transmission on tow moTor'fork lift. Motion carried unanimously. It was moved by Alderman Carpenter, seconded by Alderman Williams, to reject the offer as made by Luther Bain-Faye B. Curry on the trade for City property, Lot 13, 14, 15, 16, and 17, B!k 2, City Addition to Ptainview, Hale County, Texas, in the vicinity of Fifth Street (U~S. Highway 70) and Fresno Street. Motion camried unanimously. (Proposed trade being 11.07 acres in the Jno Kiser Pre- emption Survey, Plainview, Hale County, Texas) ~Received for filing was a copy of the summary of county fires for 1973-74 through August 22, 1974~ as presented to the County Commissioners August 22, 1974. MINUTES cITY COUNCIL REGULAR MEETING August 27, 1974 Page 6 A request was made by Johnnie Ballew, Director of Public'~afety, for the City Attorney to prepare an ordinance limiting parking to two hours from 8:00 a.m. to 5:00 p.m. on the west side of Smythe Street from 13th to ~f6th Street. It was moved by Alderman Garrison, seconded by Alderman Browning, to adopt the following statement: "The City Council of the City of P!ainview hereby authorizes the Federal Reserve Bank (Dallas) to release the herein described securfties to the Merchantile National Bank.(Dallas), which shat~ accept the pledged securities for the joint account of the Depositor, Ci~tY of Plainview, and the Depository, First National Bank of Plainview ($15,000 - City of Brownsville Utility System Revenue Bond Series 1960 @ 4 1/2%. Dated 12-1-60; Due 4-1-87, Opt. 4-1-81, Nos. 3386/3499 for SiM each. One Legal). Motion carried unanimously. It was moved by Alderman Williams, seconded by Alderman Carpenter, to authorize payment to Panhandle Landscape& Construction in the amount of $7,558.S8, Estimate No. 57 final~; howevem, to pay only $3,580.38 (retaining 10% - $3,978.20) until'all exceptions have been completed by the contractor (as recommended by architect, James Robison). Motion carried unanimously. Received for filing was a copy of the City of Ptainview Newsletter, Volume IV, Issue 45. . It was moved by Alderman Carpenter, seconded by Alderman Cross, to,approve the following reports for filing. Motion carried unan~imously® Swimming' Pool Report Analysis of Revenue and Payment of Bills MINUTES CITY COUNCIL REGULAR MEETING August 27, 1974 Page 6 It was moved by Alderman Carpenter, seconded by Alderman Cross, to adjourn the meeting. ATTEST: Motion carried unanimously. Meeting adjourned at 9:00 p~m. Mo L. REA, City Clerk