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HomeMy WebLinkAbout77-2160 ord77-2160 ORDINANCE ASSERTING CORRECTNESS OF PREAFfBLE 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 28th day of ~ October , 1977, and subsequent publication was made on the 4th day of November ., 1977, said notice as. follows, to-wit: NOTICE TO BIDDERS Seal~_d 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 10:00 A.M., C.S.T., Thursday, November 17, lg77, 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 lO:O0 A.M., C.S.T., Thurs- day, November 17, 1977. 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. All 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) percent 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. All 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 wages which shall apply on this work shall be not less than the mini- mum established rates for the various trades and crafts in this area as set forth in the Contract Documents and the Contractor shall insure that employees and applicants for employment are not discriminated against be- cause of their race, color, sex, religion or national origin. 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 Engineer City of PI ainview Plainview, Texas WHEREAS, the following specifications and special provisions are applicable to and a part of the aforesaid advertisement for sealed proposals for the aforesaid project, to-wit: SPECIAL CONDITIONS 1. GENERAL: (a) In the event that there is a conflict between (1) the General Conditions of the Agreement, (2) the Detailed Specifications for the Street Improvements, (3) the Standard Specifications for Construction of Highways, Streets and Bridges adopted by,the State HighWay Depart- ment of Texas, January 3, 1972, and the Special Conditions as herein- after 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 Con- struction of Highways, Streets and Bridges adopted by the State High- way Department of'Texas, January 3, 1972. 2. SCOPE OF THE WORK: The work set out i.n the PropoSal shall be located within the City limits of the City of.Plainview, Texas, and shall consist of the fur- nishing Of ail materials, equipment, supervision, labor and incidentals necessary to construct street improvements consisting of curbs and gut- ters, concrete valley gutters, compacted embankment, flexible base, as- phalt wearing surfaces, railroad crossings, culverts, drainage struc- tures and incidental items required to properly complete the construc- tion 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 accepted by the City of Plainview as a completed project. 3. 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 projec$ 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 pro- ject may vary considerably from those indiCated 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 Proposal shall be considered fixed i~sofar as the project is concerned, regardless of the actual number of units constructed and the final quan- tities included in the completed project. SC - 1 The Contractor 'shall. :have 'and shall makel no Claim for damages~ an- ticipated profits or Otherwise on account of any differences which may be found between tually furnished und plated and shown tires, of the Gene sh~ ment an< written or amended. }r'k actually done, the material ac- Stimated quantities-contem~ Item 5~02~ Estimated Quan- 'is hereby deleted and e~s 'of Section 5, Measure- ditions of Agreement shall apply as 4. FINANCIAL: The units of construction.~will b~ Paid for By the City of Plainview from Community DevelOpment Block Grant FUnds and Municipal Street Improve- ment Funds. However, the City of 'PlainvieW shall levy assessments, against the property abutting the streets to be improved in order to recover a portion of costs of such improvements. Therefore, the Contractor shall permit the City of Plainview suffi- cient time to accomplish the legal procedures required for such assess- ments and to secure mechanic's lien contracts from owners of property a- gainst 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 ~he contract, calculation of property owners costs and preparation of the ~quired Engineer's Roll. ~The distribution Of Costs for the street'improvements to be con- structed in this project are as"follows: (a). Railways Using, occupying, or crossing any portion of a speci- fic unit to be improved~ shall be assessed for and shall pay for the en- tire coSt of such improvements in the area between their rails and tracks, double tracks, turnouts and switches, and two feet on each side thereof. (b) The abutting propertyand the Owners thereof of a specific Unit to be improved, shall be assessed for and shall pay for the cost of the curb and gutter~ (1) 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 improVemen{, Will hOt aggregate'such of the cost spe- cified above, then there shall be assessed against the abutting property and shall be paid by suCh abutting property owner a lesSer amount, not to exceed the benefitS of said. improvement. (c) The City of Plainview, after deduction of the sum assessed against Railways, under sub-paragraph (a), and.after deduction of the sum assessed against the abutting property ~n~ the owners thereof, under sub-paragraph (b) above, shall pay the remaining cost of the said improve- ments. SC - 2 The City Of Piainview resefWS %he, right tO delete ,any unit or units of constructi°n, .as- itmaY.deeht~a~]iis.~b~le~' ~from.-~the project. The Contrac- tor Shall agree to a~cep't for construction the unit or units of construc- tion whiCh the City of Plainview maY elect to designate for construction. 5. PERFORMANCE A~I~D 'pAyMENT BONDS: The Contractor will be' required to furnish a Performance Bond and a Payment Bond, each in the amounl~ of 100% of the TOtal COntract Price, written .by.a responsible Surety Company authorized to do bushiness in the State of Texas and satisfactory to the owner, .as ~required by Article 5160 of the Revised Civil stal~utes. Of Texas as amended by acts of the 56th Legislature Regular Session, 1959. 6. 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 owner and the owner shall have approved same, nor shall the contractor allow any subcOntractor to commence work until all simi- lar~insurance has been obtained and approved. (b) CompensatiOn Insurance The contractor shall maintain sUch insurance as will protect the contractor, the owner and the Engineer from claims under Workmen's Com- pensation 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 any subcontractor, or anyone directly or indirectly employed by either of them. Certificate of such insurance shall be filed with the owner, and shall be subject tO his 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 andProperty Damage Insurance as will protect him and any subContraCtor performing work covered by this con- tract, from claims for damages for persOnal injury, including acciden- tal 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 subcontractor or anyone directly or indirectly employed by either of them. The amounts of such insurance shall be as follows: Public Liability Insurance in an amount not less than $200,00 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 on account of one accident, and Property Damage Insurance in an amount no~ less than $100,000. SC - 3 The Certificate of Insurance as provided by the form' furnished above shall be completed .by.the Bidder and submitted ~ith the executed contract. ?. TEXAS ~STATE SALES TAX: The owner is exempt from sales tax under Chapter 20, Title 122A, Re- vised Civil Statutes of .Texas. The owner will not pay sales tax on material, under this contract. According to ruling No~ 9, reference Article 20.O1T, effective April 3, 1962, labor and material must be separated as to cost on this contract and the owner 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 foregoing information on costs of materials is true and correct to the best of our knowledge. BY': ~TOR ADDRESS The above information shall be filled in by the successful bidder after. award of the contract and before contract is signed. 8. CONTRACTOR'S COMPLIANCE WITH GOVERNMENTAL REGULATIONS.: (a) General This project is to be constructed in cooperation with the U.S. De- partment of Housing and Urban Development through the Community Develop- ment Block-Grant PrOgram, Title I, HouSing and Community Development Act of 1974. The contractor to whom the contraCt is awarded shall com- ply with all applicable State Laws, City Ordinances, rules and regula- tions of the U.'S. Department of Housing and Urban .Development and all other Federal Agencies or AuthOrities concerned~and same shall be deemed to be inlcuded in the contract as though herein written out in full. SC - 4 The contraCtor '~hall Oomp~~w~ch§uCh~ laws~ ordinances, rules and regulations which include, but are not limited, to the following: (i) Title VI of the Civil Rights Act of 1964 (P.L. 88-352); Title VIII of the Civil Rights Act of 1968 (P.L. 90-284); Section 3 of the-HUD Act of I968; ExeCutive Order 11246; Executive Order 11063; and HUD Regulations. (2) Davis-Bacon Act, as amended (40 U.S~C. 276a-276a-5); Con- tract Work Hours and Safety Standards Act (40 U,S.C. 327-333). (3) OCcupatiOnal Safety and Health Act of 1970 (P.L. 91-596) and Title 29 of the Code of Federal Regulations, Section 1518, as pub- lished in the "Federal Register,, Volume 36, No. 75, Saturday, April 17, 1971. (4) Federal Water Pollution Control Act, as amended 1972 (P.L. 92-500); Executive Order 11738. (5) Copetand Anti-Kickback Act; Regulations of the Secretary of Labor (29 CFR, Part 3). (6) ~ Hatch Act (Chapter 15, Title 5, United States Code). (7) Clean Air]Act of 1963 (P.L. 88-206), and amendments 1965, 1966, 1967, and 1970 (P.L. 91~604). 139D. 2. (8) · Noise Control Act of 1972 (P.L. 92-574) HUD Regulations (9) ArCheological and Historic Preservation Act of 1974 (P.L. 93-291); EXecutive Order 11593; Historic Preservation (P.L. 89- 665). (10) Accessibility of Physically Handicapped Persons to Public Bui'ldings Act Of i968 (P.L. 90-480'), and applicable State Law. (l~) Section V. Recruitment procedures of the Affirmative Action Plan of the City of Plainview. The contractor shall include al.1 the 'abOve requirements in all sub- contracts relating to this project. (b) NondisCrimination Provisions During the performance of this contract, the contractor agrees as follows: (l) The contractor wilt not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during em- ployment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of corn- SC 5 (2) The .c°ntract°r will, in all solicitations or advertise- ments for employees' Placed' by or on behalf'of the. contractor, state that qualified apPliCants will receive consideration' for emPioyment without regard to race, color, religion, sex, or national origin. (3) The contractor wiil. send to each labor union or represen- tative of wOrkers With which he has a Collective' bargaining agreement or other contract or understanding, a notice to be provided, advising the said labor union or worker'S repreSentatives of the contractor's commitments under this section, and shall post copies of the notice 'in conspicuous places available tO employees and applicants for employ- ment. (4) The contractor .will comply with all provisions of Execu- tive order 11246 of September 24, 1965, and Of the rules, regulations and relevant order~s of~the Secretary of Labor. (§) The contractor w~ll furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations and Orders of the Secretary of .Labor, or pursuant thereto, and will permit.access to his bOoks, records, and accounts by the admin- istering agency and the Secretary of Labor for purposes of investigation to ascertain COmplianCe with such rules, regulations and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations or orders, this contract maybe canceled, terminated or sus- pended in whole or in part and. the contractor may be declared ineligi- ble for further Government contraCts, or federally ,assisted construction contracts in accordance with procedures authOrized in Executive Order 11246 of September 24, 1965,.and such oi~her sanctions may be-imposed and remedies invoked as provided in Executive Order t1246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided cby laW~ (7) The contracto~ w:ill include the portion of the sentence immediately preceding paragYaph (1) and the provisions~ of paragraphs (1) through (7) in everY subcontract Or purchase order, unless exempted by rules, regulations, or orders of the Secretary of Labor issued pur- suant to Section' 204 of Executive Order 11246 Of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such actiOn with respect to any s~bcontract Or purchase order as the administering agency may direct as a' means of en- forcing such provisions, including sanctions for noncompliance: pro- v~ded, however, that in the event a contractor becomes involved, or is threatened with, litigation wit'h a subcontractor or vendor as a result of such direction by the administering agency, the contractor may re- quest the United States to enter into such litigation to protect the interests of the united States. SC - 6 (c) Laboi~Standards ,COnt~.~-~` P~6~i~.i°ns (1) Minimum Wages (i) All mechanics and laborers emPloyed or working upon the site of the Work, opunder' the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project, will be pard unconditionally and not less often than once a week, and Without subsequent deductions or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act - 29 CFR Part 3), the full amounts due at time of payment computed at wage ra'tes not less than those contained in the wage determination decision of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contracturat relationship which may be alleged to exist between the contractor and such laborers and mechanics; and the wage determination decision shall be posted by the contractor at the site of the work in a prominent place where it can easily be seen by the workers. For the purpose of this clause, contributions made or costs reasonably anticipa- ted under Section 1 (b) (2) of the Davis-Bacon Act on behalf of laborers or mechanics, subject to the provisions of 29 CFR 4.4 (a) (1) (iv). Also, for the purpose of this clause, regular contributions made or costs incurred for more than a weekly period under plans, funds or pro- grams, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly p~riod. (ii) The cOntracting officer shall require that any class of laborers or mechanics which is not listed in the wage determi- nation and which is to be employed under the contract, Shall be classi- fied or reclassified conformably to the wage determination, and a re- port of the action taken shall be Sent by the Federal Agency to the Secretary of Labor, In the event the interested, parties cannot agree on the proper classification or reclassification of a particular class of laborers and mechanics to be used, the question accompanied by the recommendation of the contracting officer shall be referred to the Sec- retary for final determination. (iii) The contracting officer shall require, whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as' an hourly wage rate and the contractor is obligated to pay a cash equivalent of such a fringe benefit, an hourly cash equivalent thereof to be established. in the event the interested parties cannot agree upon a cash equivalent of the fringe benefit, the questions, accompanied by the recommendation of the contracting officer, shall be referred to the Secretary of Labor for determination. (iv) If the contractor does not make pa~ents to a trus- tee or other third person, he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing_ benefits under a plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this contract: provided, however, the Secretary of Labor has found, upon the written request of the contractor, that the applicable SC- 7 standards of the DaVis-BacOn Act'have been met. The Secretary of Labor may require the contractor to set aside in a'separate account assets ~. for the meeting of obligations under the plan or program. (2) Wi thholdin~ The Federal Agency the contractor so much of considered necessary to pay labore tractor~or any subcontractor On the w, 0 ;e to be withheld frOm or advances as may be ployed bY the con- full amount' of wages re- quired by the contract. In ?~ failure to pay any laborer or ~he work, or under the United mechanic employed or wOrkin States HOusing Act of 1937 or'.~ lg Act of 1949 in the con- struction Or develOpment of'the project, all or part of the wages re- quired by 'the contract, the~Agency may, after written notice to the con- tractor, sponsor, applicant or owner, take such action as may be neces- sary to cause the suspension °f any~further payment, advance, or guarantee or funds until Such violati'ons have ceased. (3) Payrolls and BaSic Re~pr~ (i) Payrolls and basic records relating thereto~ will be maintained during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the Work, or under the United states Hous~ing Act of 1937, or under the Housiing Act of 1949, in.the Construction or development of the project. Such records will Contain the' name and address of such employee, his cor- rect classification, rates of pay (inCluding rates of contributions or costs anticipated of the tYpes d~s~ribed in section I (b) (2) of the Davis- Bacon Act), daily and weekly number Of hours worked, deductions made and actual wages paid. whenever the SecretarY of Labor has found under 29 CFR 5.5 (a) (1) (iv) that the wages of any. laborer or mechanic include the amount of an~ costs reasonably anticipated in providing benefits under a plan or program described in:Secti°n 1 (b) (2) (B) of the Davis- Bacon Act, the contractOr shail~maintain records which show that the commitment to provide such benefits is enfOrceable, that the plan or pro- gram is financially responsible, andithat the plan or program has been communicated in writing to the laborers or mechanics affected, and re- cords which show the costs.anticipated or the actual cost incurred in providing such benefits. ~ (ii)_~ The contractor Will submitweekly a copy of all pay- rolls to the Federal Agency if~'~the agency~is party to the contract, but if the agency is not such a party the co'ntractor will submit the pay- rolls to the applicant, sponsor, or owner, as the case may be, for trans- mission to'the Federal Agency.~The Copy shall be accompanied by a state- ment signed by the employer o~'his agent indicating that the payrolls are correct and complete, that the wage'rates contained therein are not less than those determined by the Secretary of Labor and that the classi- fications set forth for each laborer or mechanic conform with the work he performed. A submission of a "Weekly Statement of Compliance" which is required under this contract and the Copeland regulations of the SC 8 Secretary of~ Labor.(29CFR, P.a~t~.~2}.aD~the filing wi th the initial payroll orany sul~equent 'of any f~ndings by the §ecretary of Labor u~der 29 CFR~5~5 (a) (i) (iv) shall Satisfy this requirement. The prime contractor shall be responsible for the sub- mission of copies of payrolls of all SubcontractOrs. .-The contractor will make the recordS required under the labor standards clauses of the contract availa~ble for inspection by authorized representatives of the Federal AgenCY and the Department of Labor, and will permit Such re- presentatives to interview employees during working hours on the job. (4) A_p_p_renti ces Apprentices wilt be permitted to work as such only when they are registered, individually, under a bona fide apprenticeship program registered with a State apprenticeship agency which is recognized by the Bureau of Apprenticeship and Training, United States Department of Labor; or, if no such recognized agency exists in a state, under a pro- gram registered with the Bureau. of Apprenticeship and Training, United States Department of Labor~ The allowable ratio of apprentices to journeymen in any craft classificatioh shall not be greater than the ratio permitted to the contractor as to his entire work force under the registered program. Any emPloyee listed on a payroll at an apprentice wage rate, who is not registered as above, shall be paid the wage rate determined by the Sec- retary of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish to the con- tracting officer written evidence of the registration of his program and apprentices as well as of the appropriate ratios and wage rates, for~the area of construction priOr to using any apprentices on the con- tract work. (5) compliance With Copeland Regulations (29 CFR Part 3) The cOntractor shall comply with the Copeland Regulations (29 CFR Part 3) Of the Secretary of Labor which are herein incorpo- rated by reference. (6) Subcontracts The contractor will insert in any subcontracts the clauses contained in 29 CFR 5,5~(a) (1) through (5) and (7) and such other clauses as the Federal Agency may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts Which they may enter into, together with a clause requiring the insertion in any further subcontracts that may in turn be made.' (7) Contract Termination-Debarment A breach of clauses (l) through (6) may be grounds for ter- mination of the contract, and'for debarment as provided in 29 CFR 5.6. ~SC.- 9 (d) Minority Employees.; and Subcontractors ~ (1) The contractor'~'s'encouraged,t° make a special effort to seek out and employ minority applicants. If sUbcOntractors are to be utilized in construction of the project, the Contractor is encouraged to make a special effOrt to'locate and solicit minority sUbcontractors to bid for the subcontracts:, SUch recruitment of minority employee applicants and minority subcontractors should utilize every means possible and should include such things as: (i) Word of mouth advertising through contacts with church pastors and Other group leaders in minority communities and by encouraging present.employees tO talk to friends, neighbors, relatives and others, letting them know that minority applicants and subcontractors are welcome. (ii) Written and personal contact with various minority organizations, chambers of commerce, Texas] Employment Commission, the Small Business AdministratiOn and'others informing them of the availa- bility of job and contract opportunities and requesting names of mino- rity applicants and subcontractors. (iii) Use of pOsters and'signs placed in public places in minority communities advertising availability of job and contract opportuni ties. (iv) Use of advertisements in co~unity newspapers. (2). Moptht-~ Min..olr_it~/ BuSiness Partic~pati.on Report The prime contractor is resPonsible to.report all contracts of $10,000 or more awarded_to minority Owned firms or professionals during the construction phase.or preconstruCtion. Attachment III-- Monthly Minority Owned B~sineSs Or ProfeS$ional s Participation Report in contract activities is to be submitted as soon as any contract for $10,000 or more is awarded to minority firms or professionals. If no contracts are awarded duriDg the month to minority owned firms or professionals, the report is not required. It must be submitted no later thon the tentlh day Of the following month for each month of construction and until construction is completed. (e) Month]y__Manpower Utilization ~Repo~t.-, Op.t, ional Form 66 This report must be submitted by the prime contractor and ail the subcontractors who have contracts of $10,000 or more. Submissions are to be made from the subcontractors to the prime contractor who is res- ponsible for preparing the final concise report and forwarding it to the Dallas Area Office. Through the cours'e of construction, the Op- tional Form 66 must be submitted no later than the tenth of the month following each month of construction. Columns 7a, b, c, d, e, and 8 may be disregarded. SC - l0 (.F) AcCes$~.to ReCoi~dS ' The C~ty of-Pla~'nview, the U.~' S. Depa'rtment of Housing and Urban DevelOpment, the' ComPtPOller~Generai of the United. States, or any Of their duly authorized r~presenta~ives, sha.ll- have access tO any books, documents, papers, and ~records Of the'contractor'~and the subcontractors whiCh are directly' pertinent'.to this project for the purpose of making audit, examination, excerptS, and transcriptionS~ (g) Violations (1) Violations of the Copeland Act by contractors ~oUld be the basis for termination of contract and could result in criminal" prosecution by the Federal Government pursuant to 18 U~S.C. 874. FraUdulent execution Of the requis'ite statement of compliance could result in prosecution under the False Information Act 18 U.S.C. lOO1, 18 U~S~C. 1020, or 31 U.S.C. 231. The making of false statements is a felony, (2) ViOlations of the Contract Work Hours and Safety Stan- dards Act make the contractor and any subcontractor responsible and liable for unpaid wages and~for liquidated damages tOthe United States in the sum Of $10 per man per day for each violation. Inten- tional violations are a Federal misdemeanor, punishable for each and every offense by a fine of not more than $1,000 or by imprisonment for not more than 6 months, or both. Violations may also be grounds for termination of contract,. ~3) Violations of the Davis.-Bacon Act may result in suspen- sion of the project payments until such~ time as the violations are dis- continued or until sufficient funds are withheld~-~o compensate employees for the wages to which' they are entitled. Violations may also result in Co~tract termination, suspension, or debarment of the contractor or subcontractOr. (4) Debarment reCommendationS pursuant to 29 CFR Part 516 shall be made by the appropriate HUD Area Office Director accompanied by substantiating material, and forwarded to the Regional AdminiStrator, Attention Labor Relations OffiCer for' review. In'turn, subject recom- mendations with comment shall be referred to the Assistant to the Sec- retary ~)f Labor Relations for review and.submission to the Department of Labor for appropriate action. 9. DESIGNATION OF SUBCONTRACTORS ' In the event any portiOns of this contract are to be sublet, sub- co~tractors shall be'designated. Experience records, equipment and other information required from the contractor S'hall be made available concerning the subcontractors. AlT subcontractors shall be eligible as set fOrth in Item No. lO, Verification of Contractor Eligibility, of these special conditions. The contractor shall agree to enter into a written contract with each subcontractor ~hich contract shall include all the clauses, state- ments and requirements set forth for such in Item No. 8, Contractor's Compli:ance With Government .Regulations, of these Special Conditions. SC - ll lO.: VER~ The'City,? current.~ligibiii~y~ta~us· .used on 'Off.it( and ine troller barred for Violations Labor standa tHUD Area'Office the and s.ubcontractors to be :. The HUD Area' of Debarred,: Suspended, andthe Comp- ContraCts~Acts Incorporating nor. subcontractor, declared RegardingEqual an eXecuted Prevailin subContmacted EC tor's-Cert Requirements fOrm-(HUD-i422). to be.ineligible by shall submit a bid on the project and shal.i be ~d.'tO any contractor or subcon- tractor which 'the HUD Area office deClaPes to be` ineligi'ble. EaCh b~dder Sh~.ll furnish (i) an e'X~c~uted certification, of Bidder iHUD,4.238-CD-I) and (2) :oncerning LabOr Standards and HUD~1421) and if portion of work is i fi cation of .ProPosed SUbcontractor Regarding , ifOrn~ (HUD~4238~CD-2)'and (4) Subcontrac- ing Labor standards and Prevailing Wage I I D LOWER INCOME PERSONS IN- VIEW: (a) The work i~o be performed under this contract is on a Project assisted under a g: direct Federal financial assistance from the De ng' and Urban .Dedelopment and is subject to the requirements Of Section' 3 of:.'the Housing and Urban Development Act Of 1968~ as amended, 12 u.S..C.'":17OlU.' Section 3 requires t'hat to the greatest extent .feasible ~rtunities for training and employment be.given lower.'incom? resi Of the project area and contracts for work' in connection w~th the project be aWarded to business concerns which.are located in Or ow'neU i~i 'Sub~tan'tial part by persons residing in the area of the project. 'i (b) The pari~i-es tO this'cOntract will comply with the provisions of said Secti pursuant thereto by the Secretary of HoUsin et forth 'in 24 CFR 135, and all applicable rUl the Department issued th6reunde~r, prior to the execution of thiS.cOntract.' The parties to this/contract certify and agree that they arC.under no'cOntractual or other disability Which would prevent:them from complying With these requirements.. (c) The City ~ill require the contractor to' send to each labor organization or representative of workers with which he has a collec- tive bargaining agreement or other contract or understanding, if any, a notice advising the Said' labor organization or Worker's representa- ti.Ye of his commitments under this Section 3 clause and shall post copies of the nOtice in conspicuous places available to employees and appl i cants for emPl oymen~ 'or: 'traini ng. .SC .- 12 3 Cla and will fi nanci al tract upon a. fi tions i 135~.135~ The ~t has tO include this SectiOn for work ~n' connectiOn with .the project . applicant for or recipient of Federal proPriai~e action pursuant to the subcon- subcOntractor is in violation of regula- of HouSing and Urban Development, 24 CFR subcontract with any subcontractor that the latter has been found in vio- lotion of regulations, tinder 24 135~30 and will not let any subcon- tract unless the -sUbcont. ractor has first provided it with a preliminary statement of ability-to comply with the requirements of these regulations. ' (e) COmPlian'ce w.ith the provisions of Section 3, the regulations set forth in 24-CFR"i?135, and all applicable rules and orders'of the Department isSued th~under prior to the execution of the contract, shall be a condition of'the Federal financial assistance provided to the'project, binding, up~n'i~he applicant or recipient for such assis- tance, its' successors, and.assigns~ Failure to fulfill these require- ments Sh~ll subject the.apPlicant or recipient, its contractors and subcontractorS, ii~s Successors;-and assigns to those sanctions speci- fied bY the grant or.loan, agreement or contract through which Federal assistance 'is provided~ and to such sanctions as are specified by CFR 135.135~ 12; .SAFETY 'ST'ANDARDS AND. ACciDENT PREVENTt.ON: With'resPect to ail'~ork performed under this contract, the con- tractor shall (1)comply ~ith the safety standards provisions of appli- Cable laws, building and construction codes and the "Manual of Acci- dent Prevention in ConStruction" published by the Associated General Contractors of Ameri~a~ the requirements of the Occupational Safety and Health Act of 1970 (Public Law 91-596), and the requirements of Title 29 of the code of Federal" Regulations, Section 1518 as published in the "FederSl Register,, VOlume 36, No. 75, Saturday, April 17, t971; (2) exercise every precaution at all times for the prevention of acci- dents an.d the-Protecti°n..of persons (inclUding employees) and property; (3) maintain ~t his office' Or Other well known Place at the job site, all articles necessary fo~ giving first aid to the injured, and shall make standing arrangements for the' i~mediate removal to a hospital or a doCtor's care of persons (including employees), who may be injured on the job site~ In no case s.hall.emPloyees be permitted to work at a job site ~.fOre the employer has'made a standing arrangement for rem'6val of injured persons ~o a hOSpital or a doctor's care. 13. PRECONSTRUCTiON CONFERENCE: Prior i~o the i'ssuance of a CoiTmence Work. Order, a Preconstruction COnference shall be conducted by the City of Plainview and shall include the Engineer, the contractor, all available subcontractors and Such other persons as may be deemed-advisable to have in attendance. The conference agenda shall include such items as (1.) the scope of the work, (2) each party's responsibility in the execution of the work, (3) the coordina- tion of activities of thOse parties involved in the execution of the work, (4) the respon'siblilities and Obligations of the various parties regarding the labor standal, ds and other regulations contained in the Special Conditions, and such other subject as may be pertinent to the SC - 13 construction of the t 4 ;. ORDER AND P'ROsECUTION oF THE:'~WORK: Since this work. is tO'be divided into individual units of construc- work shall be The contractor~shall commence work on a Unit of construCtion only upon Written direction tO do So from the Engineer. Commence Work Or, ders.fOr unitS of construction'shall be given only after all legal proceedings and mechanic's lien ap~eement signups have been accomplished. The c°ntraCtor shali commence.work within ten days after the written notice: to do so has .been given.him. The order of work shall be Such that construction shall Progress at all times. The contractor shall not schedule his work so that un- reasonable periods .of time elapse between phases of construction. During construction, .the street shall be. open to traffic, except when condi- tions: 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 resi- dential driveways, and any other operations shall be performed neces- sary to provide for a reasonable flow of traffic. However, if in the judgment 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. 15. DATE. OF COMPLETION AND PENALTY: Since this is an assessment project requiring certain legal pro- cedures, thus making commencement dates of the various units of con- struction uncertain, and since three course asphaltic surface treat- ment cannot be appli~ed between september 30 and April 1, no time of completion is specified fo~ anY~Particular~'unit of conStruction. How- ever, the Contractor shall commence work on each ~unit of construction within ten (lO)'days ~after written notice to do so has been given to him and shall complete the work on whiCh he has commenced as soon as is reasonably possible. In any case, the contractor shall agree to complete all work for which Commence Work OrderS have been given no later than June 1, 1979, and shall agree that for each calendar day of delay beYond that date, the City of Plainview may withhold permanently from the contractor's total compensation ~.he sum of.One Hundred~Dollars ($100), as stipulated liquidated damages for such delay. NOTICES TO THECON~RACTOR: The ¢ontractoragrees that NOtices concerning this project sent to him at the address indicated on'his Proposal shall constitute Due Notice under this Contract.. SC - 14 the ~espons.~,bi struct furnish a formati experience and made after the bids mi ned. ~ - '~ ~ 18~ With. Snformati'on relative tO .-and theif~a6ility to finance, and con- iOW.bidders may *be ~ required to s~ :fina~ci~l'?condition and such other in- ted~' relai~ive to his *financial responsibility, i ~ueSt~ i'f deemed necessarY, will be opened and the ]three low bidders deter- ERTY: All in excess: of that required to construct the subgrade and *embankments :for the street improvements show~ on the plans Shall,he,and remain the property of the City of Piainview. The contractor Shail ~emove such ~excav'at~d soil from project sites and dis- pose of same'*at t~he .City of Plainview'Municipal Landfill located at 300 Joliet streei; in, Plainview, ,Texas~ Excess excavated soil shall be placed within the landfill site as~directed by the Engineer, Item rade.COhstruction~ on Page DS-2 of the De- tailed for Street Improvements i's hereby changed to specifY that excess m~i~erial Shall be and remain the property of the City of Plainview.~ All other- provisions of said Item llO (2.) shall remain, as set forth, 19, MATERIALS,FOR,CONSTRUCTION; (a) Base Material It shall .be, i~he*yesponsiblity of the contractor to obtain a source for suitable'*base material.; (5) Embankment Material The cont~ac~o~may use material eXcavated from other portions of the project for embank~leht,material so long as such excavated material is of suitablequattt~,for embankment use as determined by the Engineer. BOrrOw from other SourCes Shown on the. plans may also be used to ob- tain embankment material. Embank~entrmaterial obtained from playa lake areas shall:~be excaVated in accordance with park development plans and contractor Shall leave all side slopes of the excavated area no steeper than one (1) foot rise per ten (10) feet horizontally, unless otherwise directed by the Engineer.' COntraCtOr may furnish embankment material from other sources so long as material is acceptable to the Engineer and so long as such sources are opened and excavated in accordance with City of PlainView OrdinanCes. (C) 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 SC - 15 ~yd~ant~-~o$ the C~ty~of Plai~vle of the City MaNager. All water requ' :idental' to the Work and no compensation for water ~ su'Ch~ shall be paid. (d) Other Materials 'Other materialsl use~t in Test re- ares meet P .Source. Certified mill.tests on.each car of rnished~ Certi- ~fied plant tests-and Certificates of Compliance With eaCh shipment shall be. furnished for all 'asphaltic materials~ 1'.9. PREPARING RIGHt' OF The' right-of-way for ~onstru~tion sha~l be cleared-in accordance with~items 102, 104~ and496,.Of the Standard SpecifiCations and shall inClude the removal of all existing obStructiOns eXcept those designa- ted to remain in place on the Plans o~ as directed by the Engineer!_ The contractor shall take all necessary precautions to protect from damage existing improvements designated to remain in place. Any such improvements whi'ch may be damaged b~' the contractor or his sub- contractor 'or .their employees shall be replaced withoUt cost fo the City of Plainview. Street and railroad traffic signs, warning signs and structures whi'.ch must be' moved in order to per~,it the construction shall be moved by the City of Plai~vi~W and the railroad companies. The contractor shall b~ responsible for insuring the .Preservation and protection of such traffic signs, warning signs and structures during construction and shall insure that each remains in its .relocated positiOn at all timeS unless other~ise permitted by its controlling authority. All trees within five (5) fe~t of the back of the proposed curb and gutter shall be removed unless designated to remain in place. All culverts within the right-Of-way shall~be removed unless otherwise directed by'the City Engineer. Culverts shall be removed with care~so as to'preserve~a~ much of the pipe as possible. Culvert l~ipe salvaged shall be the property of the City of Plainview, or the Property Owner from whose entrance i.t was removed. The contractor shall dispose Of all remOved culvert pipe. which is not reusable. Preparing of right-of-way shall be Considered incidental to the work anti no~payment w~ll be made for the clearing of right-of-way, and the removal of any existing obstructions. The contractor shall in- spect the site of the work prior to presenting his proposal to ascer- tain the conditions and obstructions which will be encountered in the course of the construction operations and include the costs of clearing and removing same in the various unit prices bid for the work. SC - 16 21. PROTECTION OF'UTILITY ~INS:~ In the event gas, water Or'Other utility mains and v~lves, manholes, meters and other appurtenances are encountered on the project, each shall be prOtected against damage until such has been loWered or moved to acco- modate the project or~ if behind the proposed curb, protected until com- pletion of the project. All utility adjustment required but not indica- ted as a bid item shall be made by the owner of such utflity. 22, DITCHES: Ditches shall be cut and shaped leading to and from all storm sewer installations and to and 'from curb and gutter beginning or ending on an unpaVed portion of a street. Such ditches shall be of sufficient depth and length to channel the water into the storm sewer or curb and gutter and away from storm sewer outlets and curb and gutter and shall be cut so as not to pond water along their length. The opening and cutting of ditches shall be considered incidental to th~ work and no direct payment for "Ditching" as such will be made. The cost of such Work shall be included in the prices bid for the other items included in the Proposal. 23. RAILROAB .C-ROSSINGS: The contractor shall furnish alt labor, materials, and equipment and do all the work required to construct the railroad crossings to the grades as established and in accordance with the details shown on the Plans. Any work required in adjusting the rails to proper grade, replacing any ties, rails or ballaSt will' be done by the railroad company. After the railroad company has completed its work, the contrac- tor shall shape and thoroughly compact the ballast and roadway subgrade outside the ties. The reinforced concrete retainer shall then be poured in place~at the same elevation as the top of the rail adjacent thereto or as directed by the Engineer. After the concrete retainer has sufficiently cured, the contractor shall clean all ballast and dirt from above the ties and shall then place the crossing modules. The crossing modules shall be True Temper T-COre Modular Railroad Crossing as manufaCtured by Oneida Manufacturing Division, Industrial Sales & Marketing Corporation, and distributed by the Rail Appliance Divisi,on, True Temper Corporation, 1623 Euclid Avenue, Cleveland, Ohio, 441t5, (216) 696-3366, or approved equal. The contractor shall furnish the crosSing modules of the proper height to match the rails of the particular crossing involved and shall install the modules in accordance with manufacturer's recommendations. After the crossing modules have been installed, the space between SC - 17 the modules and the concrete retainer shall be filled with Type D Cold Mix Limestone Ro¢~(~Asph~lt thoroughly tamped in place so as to fill the space compietely~ .The surf. ace of the compacted asphalt shall be uniform, smooth and to the..§rade of i~he concrete retainer and the cros- sing modules. Coordination with the.~ai.l~oad companies is of utmost importance in the proper and timely installation of the railroad crossings. The contractor shal 1 notifY the railroad companies, prior to commencement of the project, providing them with his proposed schedule of construction and shall again notify the railroad compa'nies at least seventy-two (72) hours prior to the commencement of any phase of the work which involves work on the railroad croSsin§s in °rd~r~ that they may have representatives present should they ~desire to do so~ Each railroad crossing shall be measured along the centerline of the railroad track from the back-of.-curb line to the back-of-curb line across the street improvement, No measurement nor any payment will be allowed for installations beyond the back~ofLcurb lines. Payment for the'wor'k perfOrmed and materials furnished as prescri- bed by this item and measured as set forth above will'be paid for at the unit price bid for "Railroad Crossings," which price shall be full com- pensation for furnishing crossing modules and accessories, cold mix lime- stone rock asphalt, freight involVed; for all shaping and compacting of subgrade, cleaning of ties, hauling and installing crossing modules, hauling, placing, finishing and tamping of rock asphalt, disposal of all waste materialS; and for all manipulations, labor, tools, equipment and incidentals necessary to complete the work except reinforced con- crete retainer which will be measured and paid for separately. Cold mix limestone rock asphalt used for railroad crossings shall be considered a part of such crossings and shall not be included for payment in bid item ',Cold Mix LimeStone Roc-k-A~ pavement" or "As- phaltic Leveling" as set forth in Item 330 of the Detailed Specifica- tions for Street ImProvements and the Standard Specifications. 24. 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 contractor wii~'hout cost to the owner or the City of P1 ai nview. 25. WATCHMEN, 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. 26. REVISION OF PLANS: The Plans included with these Specifications are subject to limited change. When such revision is made, payment at the unit prices shall govern for the revised quantities. SC - 18 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 payment will be made for cleanup as such~ SC - 19 6500. Exhibit lJ',, ~. ])epartmen% of ~O~si~g and Urban, Development Community DeVelOpment Blo0k Grant: Program ~ J~ LA~oR S~ANDA~DS PROWSIO~S 1. APPLICABILIT~ The project or PTogram to Which the work covered by this Oontract pertains is-being assisted by the united Btates of America and the followtng.~"ederal Labor standards ProviSions are i~oluded in this COntract pursuaut to the provisions a~plioable to such Federal assist- ~'Aoe, 2. MINIMUM WAGE RATES ~OR LABORERS AND MECHANICS All laborers and mechanics employed upon the work covered bY this Contact shall be paid unconditionally and not less often than o~ce each week, and without subsequent deduction or rebate on any account (except such payroll dedactionS as are made mandatol7 by law and such other pa~Toll deductions as are permitted by the applicable regula- tions issued by the Secretary of Labor, united States Department of Labor, pursuant to the Anti-Kickback Act hereinafter identified), the i%All amount due at time of payment computed at wage rates not less than thoBe contained in the wag~ determination decision of said Secretary Of Labor (a copy of which iS attached and herein incorporated by reference.), re--eSs of ar~¥ contractual relationship which may be alleged to exist between the Contractor or any subcontractor and such laborers and mechanics. Ail laborers and mechanics employed upon such work shall be paid in caSh~ except that payment may be by check if the employer p~Ovidee or ~ecu~es satisfactory facilities approved by ~he Local Public Agency or Public BOdy for the cashing of the same without cost or expense to the employee. For the purpose of this clause, contributions made or Costs' reasonably anticipated under Section 1 (b) (2) of the Davis-Bacon ACt on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Seo~ion 5.5(a)(!)(iv) of ~£tle 29, Code of ~ederal Regulations. Also .for the ~se of this olause, regular contribu- tions mexte Or oosts inOum~d for more tha~ a weekly period under plans, fu~de, or progress, but OOV~r~ the particula~ weekly period~ are deemed to be oonstz~Ctively ma~le o~ incurred during such weekly period. 3. UNDERPAYMENTS O~WAGES OR SALARIES In case of underpayment-of wages by the Contractor or by any subcontractor to.laborersor mechanics employed by the Contractor or subcontractor upon the wOrk cOVered by this Contract, the Local Public Agency or Public BOdy in addition to such other rights as may be afford- ed it under this 0ontraCt shall withhold 'from the Contractor, out of any payments due the Contraotoz, so much thereof as the Local Public Page 1 of 13 9/75 Agency or Public Body may consider necessary to pay such laborers or mechanics the f~ll amount of wages required by. this Contract. The amount so withheld may be disbursed by the Local Public Agency or .Public Body, for and on accoUnt of the Contractor or the subcontractor (as may be appropriate), laborers, or mechanics to whom the same is due plans, funds, or for any type of fringe~benefit p. ~licable wage determination. 4. ANTICIPATED COSTS OF FI~INGE !~NEPITS -~ .... If the Contractor' does not make payments to a trustee or other Of any laborer or providing expressly liste~ in of L~bor which £s a The Sec~etary'of Labor has :~. the Contractor, that' the applicable third person, he may consider mechanic the amoUnt of any fringe benefits under a plan om the wage detezm~tnation decision part of this Contract: foUnd, upon the written reques standards of the Davis-Bacon Act have been met.. may require the Contractor for the meeting of any findings made by the Se being provided by the Contractor Agency or Public Body subsequent to receipt of the The Secretary of Labor a separate account assets the plan or program. A copy of respect to fringe benefits to the ~oo~ l~b,~io filed by ~e C~t~aoto~ 5. 0VERT~ C0MPENSATI( WORK HOURS AND SAFETY STANDARDS ACT'(76 Stat. U,$*C~'; Sectior~' 327- (a) ~e~e requirementS. No Cont~cto~ o~ ~bc.ont~acto~ oontract~g fo~ ~ p~ of t~ Contract work whi~ ~q~ ~volve the e~lo~ent of lab°~=s o= mec~ics~ ~clu~ watc~n ~d ~ds, s~ll require ~c~ic wor~eek ~ which he is work~ to wo~ ~ excess of 8 ho~s ~ ~ calend~ ~y ~ excess of ~0 ~,~s ~ ~ch wo~ week ~less such labore~ or receives co~ensation at a rate not less t~ one ~d one-~lf t~es ~s basic ~ate of p~ for ~l worked ~ excess of 8 ho~s in ~ cale~ ~ o= ~ excess of ~ such work week, as the Case ~y be. (b Violation: liabi In the the Contractor liable, to any affect such Contrac%or and sub for liquidated damages,~ ~espec~ therefor shalI be In addition. ~ states computed with of the Clause set fOrth in pa~ph { ,'in the eum' of $10 calendar day on which suohemployee was x~qu~d o~ permitted to wozk Page 2 of 13 ~/75 6500.3 EXhibit 14 in excess of '8 hours oF in eXceSS Of the stan~d ~brkweek of 40 hours without payment of the overtime wages ~equi~ed by the clause set forth in (a). The Local Public Agency or be' withheld, from any moneys payable on account Of work performed by 'the Contractor or subcontractor, such sums as ma~ administratively be determiued to be necessary to satisfy auy liabilities of such Cont~ctor or subcontractor for liqui- dated damages as provided in the clause set forth in paragraph (b). (d) Subc6~nt ~x~ct~s. The Contractor sha~ inse~t ~in any subcontracts the clauses est forth in paragraphs (a), (b), and (c) of this Section and also a clause ~equiring the subcontractors to include these clauses in any lower tier subcontracts 'which they.may enter into, together with a clause requiring this insez~ion in ar4~ f~_vther subcontracts that may in tur~ be made. 6. ~PLO~2~E~T O~AI~ICES~S will be pexm~t~ed to work at less than the prede- e.for the work they performed when they are em- pl0y~d and individually ~egistered in a bona fide a~prentice- ship prog~amregistered with the U. S. I~partme~t of Labor, Manpo~erAdmi~istr~ticn~ Bum~au of Apprenticeship and Training, or with a~State Apprenticeship Agency recognized by the.Bureau, or if a person is employedinhis first 90 days of probationary employment asau apprentice in such an apprenticeship program, who~is'not individually registered in the program, but who has been certified by the ~au of Apprenticeship and Training or a State Apprenticeship Agency (where ~ppropriate) to be ~ligi~le fo~ probati~naryemPloyment as au apprentice° The allowable ratio of apprentices to journeymen in any craft classi- fication shall not be g~eater th~u the ratio permitted to the e0nt~actor a~ to his entire work forceunder the registered p~og~am. Ar4y·employee listed on a payroll at au' apprentice wage rate, who is not a trainee as defined in subdivision (b) of this subparagraph or is not registered or otherwise employed as stated· above, shall ·be paid the wage rate determinedby the SecretaryofLabor for the classification of work he actually performed. The 0ontractor or subcontractor will be required to Pag~ 3 of tB 9/75 ~it 14 furnish to the contracting officex of the Wage-Hour Division of ~he U. of Labor written evidence of the re apprentices as well aS ~the ~exp~essed in percentages , fox ~{he a~ea of constz~ction ~ apprentices Onthe contract work. The wage rate pa~d apPrentiCes shall be not less than the mate contained in the applicable' T~ainees. Except as ..p~ovided i~ 29 trainees will not bm permitted to wozk at 'less-tha~ for the work ~ a~e employed pum~uant .to and Department of Labor, rice and 'Training. The ~a%£o o: not be greater ttmm Bateau of Ap~renticeshi~ paid at~ not less than the ~ gram for his level of -payroll mt a trainee pating ins ship and Training work he ac Will be required to: sentative Labor w~itte~ rates prescribed of AppZ~n~icemhiD utilize trainees =ate for ~he approved. trainees and journeymen' with the . O~ier 1t2~6, as received prior -the U. S. Bum~aa of Appren- to journeymen shall bY'the trainee must be approved pro- listed on the pa~tici- by the ~Bu~eau of Apprentmce- the wage rate i.olassification of fficer or a repre- · Department of ~f his program, wage the Burean a train- .~d to ~ermined p~ogram is iz~tion of apprentices, shall be in_ conformity of Executive 9~5 7. EMPLOYMENT OF CERTAIN pERsONS' 'PROHIBITED Exhibit 14 No person unde~ the age of sixteen years and no person who, at the time, 'is serving ~entenoe in a Penal or correctional institution shall be employed on the work covered by this C'ontract. 8~ REGULATIONS PURSUANT TO MO-C~IJ.RD "A~/~I-KICKBACK ACT" The' ContractOr shall comply with ~he applicable regulations (a copy of which is attaOhed and herein incorporated by reference) of the Secretary of Labor, United States Department of Labor, made pursuant to the so-called "Anti-Kickback Act" of J~Une 13, 193~ (~8 Stat. 9~8:62 Stat. 862; Title U;S,C., Section 87h: and Title hO U.S.C., Section 276c), and any amendments or modifications thereof, shall cause appropriate provisions to be inserted in subcontracts to insure compliance therewith by all subcontractors subject .thereto, and~ shall be ~esponsible for the submission of affidavits required by~'Subcontractors thereunder, except as said SeCretary of Labor may 'specifically provide for reasonable limitations, variations, tolerances, and exemptions from the require- ments thereof. EMPLOYMENT OF LABORERS OR MECHANICS NOT LISTED IN AFORESAID WAGE DETERMINATION DECISION Any class of laborers or-mechanics which ts not listed in the wage determination and which is to ~Be employed under the Contract will be Classified or reclassified conformably~ to the wage determination by the Local Public Agency or Public BOdY, and a report of the action taken shall be submitted by the Looal Public Agency or Public Body, through the Secretary of Housing and Urban DeVelopment, to the Sedretary of Labor, United states Department of Labor. In the event the interested parties cannot agree on the proper classification or reclassification of a particular class of laborerS and mech-~ics to be used, the question accompanied by the recommendation .of the LOcal Public Agency or Public Body shall be referred, through the Secretary of Housing and Urban Development, to the Secretary of Labor for final determtuation. 10.- FRINGE BENEFITS NOT ~SSED AS' HOURLY WAGE RATES The Local Public Agency or Public Body shall require, whenever the minimum w~ge rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the Contractor is Obligated to pay cash equivalent of such a fringe benefit, an hoUrly cash equivalent thereof to be established. In'the event the interested parties cannot agree upon a cash equivalent of the fringe benefit, the question', accompanied by the recommendation of the Local Public Agency or Public Body, shall be referred,., through the Secretary of Housing and Urban Development, to the Secret.ary of Labor for determination. Page 5 of 13 9/75 6500.3 - Exhibit 14 11. POSTING WAGE DETERMINATION DECISIONS AND AUTHORIZED WAGE DEDUCTIONS The applicable wage poste~ of the Secretary of Labor, United States Department of LabOr, and the applicable wage determination decisions of said Secretsx~y of Labor with respect to the various classification of laborers and mechanics by this Contract, and a stat accordance with the actually eaz~ed by persons i fications, shall be posted at appropr Df the work. to be made from wages tO be employed in such c!assi- consplcu~us points at the site 12. COMPLAINTS, PR00EEeDINGS, No laborer or mechanic st~ or in employee or caused to be ~ p~Ooeeding ~' other labor ' Contractor or ~ ~laint Or instituted is about to testify in a~y proceeding ~under or relating:tO' .the: laBo:~' st~ appli- cable ~r t~$ Oontrac~ to ~s e~lo~e~ 13,. C~~ DIS~ES-~A~G T01 WAGE ~ Cla~ ~d disputes of labours ~d me s~l be- ~b!ic ~ncy. o~ Sec~t~ of Hous~ ~ Unite~ All questions arising under application or interpretation of Davis-Bacon Act, (d)the: United States Depsm~tment labor standard~ p~ovisio~ be ~fe~d, ~~ ~ Sec~t~ Unite~ 15. PAE0~ ~ ~IQ-PA~0~~' ~ Cont~cto~ ~ on fo~ sati~f~to~ to ~d Z~tes or to classifications covered by this Contract t_h~ough the decision final with ~ to the Anti-Kickback Act, , (c) the aforesaid of Labor, i~ the shall his pa~lls ~it 14 for the :~b~sSion of copies of p~oils o~ ~1 subcontractors. Each ~ch p~ll $~ll Conta~ the "Weekly Statement of Co, Ii.ce" set fo~h ~ sec%i~ 3.3 of ~tl~ 29,. Code of Federal Re~lations. The p~lls ~d basic Pa~oli ~6o~$ of' the Contractor ~d each ~bcon- tractor coVer~ ~l labo~rs~d mec~i0s employed upon the work cove~d by this Contact s~l be ~ta~ed d~ the co~se of the work ~d prese~ed for ~ period of 3 ye~s thereafter. ~ch p~olls ~d b~lc pa~ll ~oords S~ll cOnta~ the ~e ~d ~ess of each ~oh e~loYee~ ~s co--eot classificatiOn~ rate of-pay (~clud~ rates which show that the commitment to provide such benefits is enforceable, that tbs plan oF and that the plan or program writing to the laborers or mechanics affected, and records which show the' COsts anticipated or the actual cost in~d in prOviding such benefits. The Contractor and each subcontractor shall make his emPloyment ~ecordS with respect to persons employed by him upon the work Covered by this Contract available for insPectiOn by authOriZed Zepresentatives of the Secretary of HoUsing ~ud Urban Development, the Localr PUbliC.Agency or Public Body, and the United States Department of L~bor. Such representatives shall be permitted to inter~-iew employees Of the COntractor or of any subcontractor during working hours on the job. 16. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY EMPLOYEES The transporting of materials and Supplies to or from the site of the Project or Program to which this Contract pertains by the employees cf the Contractor or of any. subcontractor, and the ~anufacturing or furnishing of materialS, artieles~ supplieS~ or equiPment on the site of the Project or. Program to Which this Contract pertains by persons employed-by the Contractor or by auy subcontractor, sh~ll, for the pttrposes of this Contract, .and without limiting the generality of the foregoing provisions of this Contract, be deemed ~o be work to which these Federal Labor Standards Provisions are applicable. zT. The Contractor .shait nOt subcontract'any part of the work covered by this Contract or permit subcontracted work to be fttrther subcontracted Page 7 of 13 9/75 6500.3 Exhibit, 14 ~hout the Local Public Agen°y's or Public Body's prior written approval of the. subcontractor. The Local Public AgencY or Public Body w~ll not approve any subcontractor for wor_k covered by this Contract who is at the time ineligible under the provisions of an~ applicable regulations issued by the S United sta~e~~ D~P~ent of Labor or the Secretary of tO.. ~eceive~, an award of such subcontract. 18. PROVISIONS TO ~E INCLUDED IN CERTAIN subcontract sions which are cl and also a cl in any lower tier subcontrac~ in turn be made. 19, 2~EACH OF FOREGOING FEDERAL ~ STA~A~ 'PROVISIONS In addition to herein elsewhere set reserves the rigkt to subcontractor whose Contract shall~ breach any of .A breach of these Federal for debarmen~ as Secretary of Labor, United each such p~ovisions together with may by this ~ g~ounds Exhibit, 14 ATTACBMI~'NT TO FEDERAL LABOR STANDARDS PROVISIONS SO-CALLED "~I~KICKigACK ACT', AND REGULATIONS PROMULGATED PURSUANT TBERETO BY THE SECRETAI~Y OF LABOR~ UNITED STATES DEPARTMENT OF LABOR TITLE 18, U.S.C., section 874 (Replaces section I of the Act Of June 13; 1934 (48 Stat, 948, 40 U.S,C., sec. 276b) p~wsuent to the Act of June 25, 1948, 62 Stat. 862) KICKBACKS FROM PUBLIC WORKS ~EMPLOYEES . WhoeVer, by force, intimidation, Or threat of procuring dismissal from employment, or by any other manner whatso- ever indu6es any perZOn employed in the e6ns~ruction, prosecution, completion.or repair of any public building, public work. or building or work flnan6ed in whole or in part by loans or grants' from the United States, to give up any part of the eom- pensafion to Which he isentitled under ~ contract of employment, shall be fined not more than $5.000 or imprisoned not more than five years, or both. sECTIoN 2'*OF THE ACT OF ~UNE 13. 19~, AS AMENDED (48 Stat. 948, 62 Stat. 862. 63 Stat. lO:S, 72 Stat; 967, 40 U.S.C., sec. 276c) The Secretary 6f Labor ~hall make rea~anable regulatiofl~ for contractors and subcontractors engaged in the construction. pro~ecuIion, completion or repair Of public buildings, pllblle works or buildings or works fir~anced in whole or in part by loans Or grants from the United at~tes, including a pr°~ision that each contractor and subcontractor shall furnish weekly a statemimt with respect to the W~% paid each employee during the preceding week. Section 1001 of Title 18 (United States Code) shall apply to such sfatementS. ---XXX--- Pursuant to the af0~dAnti-Kickback' Act, the Secretary of Labor. United States Department of Labor. has promul- gated the regulations her6in~ftcr set forth~ which regulations are (oared in Title 29. Subtitle A, Code of Federal Regulations. Part 3. The term "this part." as used in the regulatibns hereinafter Set forth, refers t6 Part 3 last above mentioned. Said reg- ulations are as follows: TITLE 29- LABOR SUbtitle A - Office of the Secretary of Labor PART 3-cONTRACtoRS AND $uBCONTRACTORS ON PUBLIC BUILDING OR PUBLIC WORK FINANCED IN NHOLE OR IN PART BY LOANS OR GRANTS'FROM THE UNITED STATES Section 3.1 Purpose and acope, .This part prescribes "anti.kickback" reguiatiorm under ~eetion 2 of the Act ofj ane 13. 1934. as amended (40 U.S.C. 276e), popui~ly known as the Copeland Act. This p~xt applies to any contract which is subject to Federal w~ge ~tand~rds and which is for the construction, proSeCution, completion, or repair of public buildings, public works or buildings or works financed in whole or in past by loans or grants from the United States. The part is intended to aid in the enforcement of the minimum wage pmvidons of the Davi~Bacon Act and the various statutes dealing with Federally-assisted construction that contain similar minimum v,.~e provisions, inclndingthose provisions which are not subject to Reorganization Plan No. 14 I I I I HUD~.~#a ,h., D.C. Page 9 of 13 9/75 (e.g., the College liousing Act of 1950, the Federal Water PollutionContro! Act, and the Housing Act of 1959), and in the enforcement of the ov&-fiine provisions of the Contract Work H0ur~ S~tan~darde Act whenever they are appiicable to eonstracti.on work. The part. details the obligation of. contra~tor~ and subcontractors relative to the weekly subtopic'on of statements regard- lng the wages paid on work covered thereby; sets forth the circumstances and pr0cedurea gOverning rig making of payroil de- ductions from the wages of those employed on such Work; and delifieates the ~nethode of payment permissible on such work. Section 3.2 Definitions. Aa u~ed in the regulations i0 this pact: . ·: (a) The terms ":building' or "w0rk'.' $en~rally4nelude ~p~.tuqtion actiyity as d,st~ngms~eu ~rom manufacturing, furnishing of materhd$, ¢t~ serr~cing and maintenance work. The terms includes without limitation, buildings, struetores, ~nd improvements of alltyl~S/such aS hridges, dam% plimts, highways, parlS~ WSys, streets, subways, tonnds, s~wer~, mains, power- 4inet, pumping e~tions, railways, airports, terminals, docks, piers, ~har~es, ~Ys, !ightho .upas, b~oys,jetxi~s, braakwate~cs, levees, and canals; diedging~ shoring, se~ffolding, drilli0g~.blasting, egeavating, cleating, and landscaping, Ual~ss. eondug;t, ed m. e0nnection with and at the site 0f ~uch ~ building o~ work as is d~cribed in the forgoing sentence, the manufacture or tarnish- ing of materials~ art~ ,i¢les, suppli~ or equipment Lwhethe~ or not a F~d~ral or'S.tate agency aequire~ tit!e teach materisls; 'articles, supplies, o~ equipment d~fi0g the ~urs¢ Of the manuf~ctorel 0k:fUr~fishJngi:or owns the mpterials'fromwhigh tl~gy man:Ufactured or fornishod) is nots e%uilding'?Or,"work"-within th~ meaning of t~ regulations tn this (b} The terms ."construction ""p~o~ecutio~i," "completion,, or %ep~ir" mean all;ty~s of workdone on a paFticul~ btfildin~'0r work at the site th~reofi including, without limitation~ alie~ing,~modeling, painting and decorating, the ~ransport- ing of r~ateriala and ~upplies to'bt from the building or Work b~ ~he:~in~loyees Of the ~°nstru¢tion eont~actor, or c0 ,n~tmction subcon~act°r, and the manufacturing or furnishing of materialS, ~les, sappli~ .or eqaip~¢,t'on the site of Zhe. builditag or to~ The lnrm~ "nnblie budding'? or ~%td~lie work"include buildingor ~ork for wl~o~e co~_s~uction, pro~ution, corn- · .. ,~, ---~ -~------ .r~'~ 'L 't -~ ~'~a--'-I a~enev is a eontraefin~ Oartv:,'re~ardh~ss ~f Whether title ther~,,ofis ina Federal agency. (d) The term "building or work financed in whole or in part bY loans or grants from the United St~t~s" includes baild- ing or work for whose ~onstra~ion, proseeufiofi, completion, Or Fepair, as.d0£med above, payment or p~t. ~ay.m.?~ ~ made -- directly or indirectly from funds provided by loans Or g~ants ~y a Fed~r~d agoaey.. Tb~ t~rm does not i~lud~ building ~ for ~hich Federal a~istsnoe is limited solely to loan guarantees or m~.~ee.~ ~, (e) Every per,on paid by a contra~or or subcontractor in any manner for his labor in the conslruction, prosecution,, completion, or repair of a pub!ia btfilding or public work or building or work financed in whole or in part by loans or grant~ from the United States is "employed" and receiving "wages,'~ ~ga~dle~s 0! any ~0ntra~toal r~lation~hip alleged to exist between him and the real employs. (g) The term ~Federal ageney"~ means the United States, the District of Columbia, and ~f Columbia, of Columbia, · -' ~ "~ :- '~s ~on t~ t~"emnlov~" ~ not apply ~ ~ns ~ d~intb~ h~ or mee~c ~d'~ w~ ~e the ~ia~ an~ of.~eh ~mploy~- 7r- '. 6500.3 EXhibi~ 14 (b) Eaeli ~Ont~i~Of or i~i~be6.tt~e~ot- e,gageil iii th~ ~,struet~n, mo~eution, ~mpletlo., or repak of any puhlic b;~lding ~r ~Ublie ~0r~ ~or buildJ ~g o~ ~'~k fi~ne~d in who ~ ot in p~ by to~ns or ~ant~ from the United Stales sba I f,~nlsh ~, Wc~k a'stateindnt With respeci ~'the wages paid'each bt i~ 6moto~,ees en-a~ed On-work covered by 9~ CFR P~ts 3 a,d g a~ii*g thdp~amg w~kly payroll' period.' Thi; state,,ent sl~ali~,c exe~,~dd by the contractor & subcon- tractor of by an au{hori~ed otflcer'~ cmpl0yec Of the aoniractor or subco.ttactor Who ~pe~ises lhe paymeut of wages and shall be on form WH/~, "Stal¢~at~of Compliancd]], or on an identical.fom~ on the back of Wi I 3-17, "Paywll ~For tractors Optio~tal U~')'~or6n any form with Mentical wo~ing. Sample copies of Wit 347 and WIt 348 may be obtained kom the Govermncnt contraetulg or ~nmrmg ~encv, and co,es of Ihe~ [o~ms fllay be purcha~d at the Government Prmtm- Office. (c) ~e r¢~O~ements of tl~s-~¢tlon shall not a~ply t0 ~nv contract of $~.0~ or (d) U~u ~ ~filten f ndlngby thc h¢~ of ~ Federal ~en~, t~he ~ecretary of L~or may p~de ~a~n~lc limitations, v~iations, toleranees,9Dd exemptions f~m the r~uirement~ Of t ~i~ see6o~ subject to snch ¢ondiiions ~ thc Scerrtary of Labor may s~cify [29 F.R, 95, Jm~. 4. 1~4. ss amended ~t 33 F.R. I0186, Jtdy 17, 1968] ~ctio~ 3.4 Submi~i0n of w~kly statemenls and the pre~rvation and inspection of w~kly payroB records. (a) F~ch weekly statement ~qu~ed nnder ~ 3~3 shall be delivered by thc contractor or ~ubcontractor, withh~ seven d~ys after th~ rcb~ lar p~y ncnt date of the ~y~ll period, to ~ re~c~nl~tive of a Fe0cral or State agency in el~ s~c at the site of the building or ~ork, or, if tl~ is ~ rep~rc~at~tiv¢ ors Fcd4rA o~ $t~tc agency at ibc site of thc b~ ildt ~ or work the slat~cnt s ~1 ~ ~ailed by the ~ntract~'or subcoutr~¢tok, w thin such timc~ to a FcderA or Stale agency contracth~g fo~ or finsucing the b~ildin~ or wor~. After ~ch examination ~nd check ~ m~y be made, such statement, or s ~py thereof, ~h~}l be kept ~ailable, or ~all ~ tr~nsmltted together with ~ rc~rt 0fany ~olatlon, in accordance with apldic~lc ~roced.rcs pres~i~d by the United Stste~Dep~ment of LsbOr~ (b) Each contractor or sub6ontractor shall preserve Ids' weekly payroll records for a period of Ibree years from date of complcti6n of thc ¢~ntract. Thc payrOll records shall set out acc,irately and ¢ompb, tely the name and address of each laborer and mechanic. I~is ~correct classification, rate of pay, daily and Weekly number of honrs worked, deductions made. and actual wqes paid. Sneb l~a)'r011 ~rds shall be mmic available at all times for inspection b) the contracting officer or bis autho~zed rep~sentatgve~ and hy aUfl~odz~ repra~,tati*~pf thc Department of L~r. ~ctioa ~S Payroll deductions ~tm~le'wltl~ut application to or ap~oval of t~ Se~et~y of ~bor. ~ductions made anderthe'eir¢a~tanccs or in tl~ ~uations dc~H~d in the p~aphs of this ~cfion may be made without ipplication to and approval of thc Sec~t~y of ~r: (a) Any &dudtion made ~n c0mplianc~ with the req~ements Of Fed~ah~tate. or Io~l law, such as Federal or State wahholding incom~ taxes and Federal ~cial security taxes. (b) ~y dedaetioi, of ~,~Sp~ex40,,sly paM to Ibc em~oyc¢ ~ a }~na nde prepayment of wage~ when ;uch 1,ret,~) ..... t is n~adc without discount or interest. A 'Ybona fide p~payment of wa~s" is considered lo have been made only when ca,h or its cquivalcut i~as b~n adYanCed to the ~n employed iff such manner ~ to ~vc him complete f~rdom of dis~ition of the advanced fuuds. (c) AiD deduction of a~ounts rrqui~ by c~;rt p~eess to be p~d lo auothcr, unle~ the deduction is in favor of thc contractor, snb'contriict& or any affiliated ~r~n. ~ when ~llusion or collaboration exists. I I I I 14OD-Wash., D.C. Page 11 of 13 9/75 '6500.3 1 Eahibit 14 (d) Any'deduction constitUtiog a contribution on behalf of the person employed to'funds established by the employer or representatives of employee~, or both, for the prupose of providing either from pr!neipal 0r income, ~ both, medical or hospital care, pensions or annuities on retiremeut, death benefits, compensation for injuries, illness, ~c~dcnts, s~ekness, or disability, or for insurance to provide any of the foregoing, orlunemployment benefits, vacation pay~ sa~ings accounts, or similar pa)ments for the benefit of employees, their families and dependents; Pi'ovided, however~ That th~'following standards are met: (1) The deduction is not otherwise prohibited by laW; (2) it is either: (i) Voluntarily consented to by the'employee n writing and ia advance of the period in which the work is to be done. ned such consent! is not & ~nditionl either! for the' obtainuig of or for the continuation of emp oyment, or (ii) provided for n ~ bona fide'e011eetive bargalning agreement be- tweet, the contractor or subcontractor a xd representatives of it~ employees; (3) no profit Or other benefi~ is o. then~ise obtained, dkectly or indirectly, by the contractor or subc0r~tractor or any ~filiated"per~On inthe form ofck~mmissio~, dividend, or otherwise; and (4) the deductions shall serve the Convenience and interesi of thc employee.~ · (e) Any deduction contributing toward th9 purchase of Uuited States Defense Stamps.and Bonds when v~luntarily authorized by the employee, r (f) Any deductio ~ requested by the employee to enable him to r~pay loans to or to purchase shares in credit unions organized and operated iix accordance with Federal and State credit union statutes. (g) Any deduction voluntarily authorized by the employee, for. the making of contributions to governmental or ¢luasi- governmental agencies, such as the American Red Cross. (h) Any deduction voluntarily authorized by the employee for the making'0f contributions to Coaamunity Chests, United Givers Fonds, and similiar charitable organizations. (i) An~ deductions to pay regular union initiation fees and membership dues, not including fin~ or special fissessments: Provided, however, That a collective bargaining agreement between the Contractor or subcontractor and'represen'ta'iivas of its employees provides for such deductions and the deductions are not otherwise prohibited by'law. (j) _Any deduction not more than for the ~reasonable cost '' of board, lodging or other facilities meeting the require- merits of section 3(m) of the Fair Labor Standards Act of 1938, 'as amended, and Part 531 0[ this title. 'When such a deduction is made the additional records required under § 516 27 (al of this title.shall be kepi: Section 3.6 Payroll deductions permissible with the approval of the Secretary of Labor. Any contraetO~ or subcontractor may apply to the Secretary of Labor' for permission to make any deduction. ~ not per- mitted under § 3.5. The Secretary may g~ant permission whenever he finds that: ~ (a) Thc contractor, subcontractor, or any affiliated person does not make a profit Or benefit directly or indirectly from the deduction eithei' in t}~e form of a commission, dividend, or otherwfise; (b) The deduction is not otherwise prohibited by law~ (c) Th~ deduction is either (1) voluntarily consented to by the employee in writing and in advunce of the period in which the work is to be done and such consent is not a condition either for the ohta ning of employment c/r its continuance, or (2) provided for in a bona fide collective bargaining agreement between the contractor br subcontractor and £eprcsentatives of its employees; and (d) Thc deduction serves thc convenience and intel'est of the emplayee. I HUD.~/a~h ~ D.C. ' 9/7s 6500.3 F~hibit 14 Section 3.'~ Appli~zations for the approval of the Secretary of Labor. Any application for the making of payroll deductions under § 3.6 shall cotaply with. Ibc requirements prescribed i, thc following para~aphs of tlffs section: (a) The application shall be in writlng and shall be addressed to the Secretary of 1.abor. (b) The applie~lioa shall identify the conlract or contra~ts re,der which the work in question is to he perforined. Per- mission will be given for deductions only on specific, identified coutracts, e~ccpt upon a showiug of exceptional circumstanecs. (c) The application ~hall state affirmatively that there i~ compliance with the staudards se~ forth in the provisiogs of § 3.6. The affirmation shall be accompanied hy a full statement of the facts indicating such compliance. (d) The application shall include a description of thc proposed deduction, thc purpose to be served thereby, and the classes of laborer~ or mechanics from whose wages the proposed deiluc6on would be made. (e) The applieati0n shall state the name and business of any third person to whom any funds obtained from the pro- posed deductions are to be transmitted aud the affiliation of such person, if any, with the applicant. S~:tion 3.8 Action by the Secretary of Labor upon applications. The S~eretary of Labor shall decide whether or not the requested deduction is permissible under provisions of § 3:6: and shall notify the applicant in writing of his decision. Section 3.9 Prohibited payroll deductions. Deductions uot elsewhere provided for by this part and ~whieh are not found to be permissible under § 3.6 are prohibited. Section 3.10 Methods of payment of wages. The payment of Wages shall be by cash, negotiable instruments payable on demand,~r thc additional forms of compensa- tion for whi/:b deductions arc permissible under this part. NO other methods of p~yment shall be recognized on work subject to the Copeland Act. Section 3.11 Regulations part of contract. All contracts made with respect to the construction~ prosecution, completion, 0~ repair of any public building or public work or building or work financed in whole or in pm't by lo, ns or grants from the United States covered by lite regulations in Ihls part shall expressly bind lhe contractor or subcontractor to comply with such of the regulations in this par! as may be ap- plicable. In tiffs regard, see § 5.5 (a) of this subtitle. HUD.WQ,h ~ D.C. Page 13 of 13 9/75 WAGE RATE DETERM:INATION DECISION NO.: TX 77-4237 The following 'Wage Rate Determination, DecisiOn No. TX 77-4237, shall apply 'to this project unless superseded by a new decision prior to the opening of bids. All bidders shOuld be aware of Federal requirements that all contracts involving use of CommUnity DeVeloPment Grant Funds must include the Wage Rate Determination current at the date of the bid opening. Therefore, this project is subject to that requirement 'and all bidders should con- sider such in preparation of proposals. 2~ooby~ Davs~ D~cke~, ~sh, r, Floyd, Fo~rd, G~n~a~ G~rza, ~Ie, ~kell~ ~c~ley, Jones, K~n~, K~, ~ox, ~o ~bbock~ ~a~l~ To~, Th~ock~r2on, Yu~m ~ Youns D~ISl~ NO,~ TX77-423~ DATE~ DaCn o~ ~b~ica~on Air Tool Batte~board So~er 3,~ Concrete ~ni ahe~ ~re:~ Fi~iaher ( El~ct~ci~ 6.75' ~o~ Se~er (Pa~ md Cu~) 4,55 Fo~ ~e~csr Help~ (Pa~ns ~d Fo~ Se~er Helper (St~cture8) ~.10 ~borer, Co~ ~ch~l~ Helper: 3,7t Se~ e~ 3 Plpelayer 3.75 Pip~l ~yer Belper ~n forcin~ S~Iel ~u~e~ ) 4.~ Spre~er ~x ~ ~ 3,90 ~or 3.25 FEDERAL REGISTER, VOL 42, NO. 190---FRIDAY, SEPTEMBER 30, 1977 WR - 1 vo,~r ]kxui. p~t: Ope~at:~m{ ~11dozsr~ o~r 150 HP ~ncra~e Pa~ng Crane, 01amahall~ Backhoe, th~ 1~ ~) ~d Over) C~she~ or S~ra~ning PI~C Op. ~ouada~lon Drill (~ra~ler ~un~) Fou~da~lo~ Drill O~rs~or (~uck Foun~cion ~ill F~nC End ~ader (2~ ~ & Fr~U ~d ~ader (~ar 2~ ~) Grade ~or Gra~r Op~ra~o= Pav~en~e) ~ller', Steel ~eal (Oth~r-Flat I~ael or T~plfl~) pelted) ~raper$ (17 ~ ~d LeB~) ~rapar$ (~a~ 17 ~) ~da Traceor (gravlar T~e) 150 ~ Trae~or (Crawler Typa~ over. 150 H~ Pose '~Ie ~iller ~ngle ~le, Mghe ~ngle ~la, ~eigh~ ~ck ~alee) ~elder Welder Relper FEDERAL REGISTER, VOL. 42; NO. 190--FRIDAY, SEPTEMBER 30, 1977 WR - 2 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 2.01 2.02 2.03 2.04 2.05 2.06 2.07 2.08 2.09 2.10 2.11 2.12 2.13 2.14 2.15 3.01 3.02 3.03 3.04 3.05 3.06 3.07 3.08 TABLE OF CONTENTS FOR GENERAL CONDITIONS OF AGREEMENT 1. Definition of Terms Page Owner, Contractor and Engineer .......................... G-1 Contract Documents ................................ G-1 Sub-Contractor ................................... G-1 Written Notice ................................... G-1 Work ........................................ G-1 Extra Work ..................................... G-1 Working Day ..................................... G-1 Calendar Day .................................... G-1 Substantially Completed .............................. G-1 2. Responsibilities of the Engineer and the Contractor Owner-Engineer Relationship ................................................. G-2 Professional Inspection by Engineer ............................................ G-2 Payments for Work ........................................................ G-2 Initial Determinations ................................................... :... G-2 Objections ................................................................ G-2 Lines and Grades .......................................................... G-2 Contractor's Duty and Superintendence ......................................... G-2 Contractor's Understanding ................................................... G-3 Character of Workmen ...................................................... G-3 ContractoFs Buildings ....................................................... G-3 Sanitation ................................................................ Shop Drawings ............................................................ G-4 Prelimip~ary A~ proval ....................................................... G-4 Defects and Ti- eir Remedies .................................................. G-4 Changes and Alterations ..................................................... G-5 3. General Obligations and Responsibilities Keeping of Pla ~s and Specifications Accessible .................................... Ownership of )rawings ...................................................... Adequacy of esign ......................................................... Right of Entry ............................................................. Collateral Conl rac~s ......................................................... G-5 Discrepancies and Omissions .................................................. G-5 Equipment, Materials and Construction Plan~ ..................................... 0-5 Damages ................................................................. G-6 risC' ] (~ by Texas Section. ASCE 19'/1 3.09 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.18.1 4.01 4.02 4.03 5.01 5.02 5.03 5.04 5o05 5.06 5.07 5.08 5.09 6.01 6.02 6.03 6.04 6.05 Protection Against Accident ro Employees and the Public ............ Performance and Payment Bonds ......................... Losses from Natural Causes ............................ Protection of Adjoining Property ......................... Protection Against Claims of Sub-Contractors, Etc ................. Protection Against Royalties or Patented Invention ................ Laws and Ordinances ............................... Assignment and Subletting ............................ Indemnification ................................. Contractor's Liability Insurance ......................... Certificate of Insurance ............................. 4. Prosecution and Progress Time and Order of COmpletion .......................... Extension of Time ................................ Hindrances and Delays .............................. 5. Measurement and Payment Quantities and Measurements ........................... Estimated Quantities ............................... Price of Work ................................... Partial Payment .................................. Use of Completed Portions ............................ Final Completion and Acceptance ........................ Final Payment .................................. Payments Withheld ................................ Delayed Payments ................................ 6. Extra Work and Claims Change Orders ................................... Minor Changes .................................. Extra Work .................................... Time of Filing Claims ............................... Arbitration ..................................... G-6 G-6 G-6 G-6 G-6 G-7 G-7 G-7 G-7 G-8 G-8 G-8 G-9 G-9 G-9 G-9 G-9 G-10 G-10 G-10 G-10 G-10 G-11 G..ll G-Il G-il G-12 G-12 7.01 7.02 8.01 7. Abandonment of Contract Abandonment by Contractor ........................... Abandonment by Owner ............................. 8~ Amendments and Changes Amendments and Changes to General Conditions of Agreement ..... G-13 G-14 C--15 GENERAL CONDITIONS OF AGREEMENT 1. DEFINITIONS OF TERMS 1.01 OWNER, CONTRACTOR AND ENGINEER. The OWNER, the CONTRACTOR and the ENGINEER are those persons or organizations identified as such in the Agreement and are referred co throughout the Contract Documents as if singular in number and masculine in gender. The term ENGINEER means the ENGINEER or his duly authorized representative. The ENGI- NEER shall be understood to be the ENGINEER of the OWNER, and nothing contained in the Contract Documents shall create any contractual or agency relationship between the ENGINEER and the CONTRACTOR. 1.02 CONTRACT DOCUMENTS. The Contract Documents shall consist of the Notice to Contractors (Advertisement), Special Conditions (Instructions to Bidders), Proposal, signed Agreement, Performance and Payment Bonds (when required), Special Bonds (when required), General Conditions of the Agreement, Technical Specifications, Plans, and all modifications thereof incorporated in any of the documents before the execution of the agreement. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. In case of conflict between any of the Contract Documents, priority of interpretation shall be in the following order: Signed Agreement, Performance and Payment Bonds, Special Bonds (if any), Proposal, Special Conditions of Agreement, Notice to Contractors, Technical Specifications, Plans, and General Conditions of Agreement. 1.03 SUB-CONTRACTOR. The term Sub-Contractor, as employed herein, includes only those having a direct contract with the CONTRACTOR and it includes one who furnishes material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. 1.04 WRITTEN NOTICE. Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered, mail to the last business address known to him who gives the notice. 1.05 WORK. The CONTRACTOR shall provide and pay for all materials, supplies, machin- ery, equipment, tools, superintendence, labor, services, insurance, and all water, light, power, fuel, transportation and other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The CONTRACTOR shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have a well known technical or trade meaning shall be held to refer to such recognized standards. 1.06 EXTRA WORK. The term "Extra Work" as used in this contract shall be understood to mean and include all work that may be required by the ENGINEER or OWNER to be done by the CONTRACTOR to accomplish any change, alteration or addition to the work shown upon the plans, or reasonably implied by the specifications, and not covered by the CONTRACTOR'S Proposal, except as provided under "Changes and Alterations", herein. 1.07 WORKING DAY. A "Working Day" is defined as any day not including Saturdays, Sundays or any legal holidays, in which weather or other conditions, not under the control of the CONTRACTOR, will permit construction of the principal units of the work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m. 1.08 CALENDAR DAY. "Calendar Day" is any day of the week or month, no days being excepted. 1.09 SUBS~TANTIALLY COMPLETED. By the term "substantially completed" is meant 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 adjustment. G-1 o by Texa~ Section, ASCE 1971 2. RESPONSIBILITIES OF THE ENGINEER AND THE CONTRACTOR 2.01 OWNER-ENGINEER RELATIONSHIP. The E~NGINEER will be the OWNER'S representative during construction. The duties, responsibilities and limitations of authority of the ENGINEER as the OWNER'S representative during construction are as set forth in the Contract Documents and shall not be extended or limited without written consent of the OWNER and ENGINEER. The ENGINEER will advise and consult with the OWNER, and all of OWNER'S instructions to the CONTRACTOR shall be issued through the ENGINEER. 2.02 PROFESSIONAL INSPECTION BY ENGINEER. The ENGINEER shall make periodic visits to the site to familiarize himself generally with the progress of the executed work and to determine if such work generally meets the essential performance and design features and the technical and functional engineering requirements of the Contract Documents; provided and except, however, that the ENGINEER shall not be responsible for making any detailed, exhaus- tive, comprehensive or continuous on-site inspection of the quality or quantity of the work or be in any way responsible.~ directly or indirectly, for the construction means, methods, techniques, se- quences, quality, procedures, programs, safety precautions~or lack of same incident thereto or in connection therewith. Notwithstanding any other provision of this agreement or any other Contract Document, the ENGINEER shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the CONTRACTOR, any subcontractor or any of the CONTRACTOR'S or subcontractor's agents, servants or employees or any other person, firm or corporation perform- ing or attempting to perform any of the work. 2.03 PAYMENTS FOR WORK. The ENGINEER shall review CONTRACTOR'S applications for payment and supporting data, determine the amount owed to the CONTRACTOR and approve, in Writing, payment to CONTRACTOR in such amounts; such approval of payment to CONTRAC- TOR constitutes a representation to the OWNER of ENGINEER'S professional judgment that the work has progressed to the point indicated to the best of his knowledge, information and belief, but such approva, l of an application for payment to CONTRACTOR shall not be deemed as a representation by ENGINEER that ENGINEER has made any examination to determine how or for what purpose CONTRACTOR has used the moneys paid on account of the Contract price. 2.04 INITIAL DETERMINATIONS. The ENGINEER initially shall determine all claims, disputes and other matters in question between the CONTRACTOR and the OWNER relating to the execution or progress of the work or the interpretation of the Contract Documents and the ENGINEER'S decision shall be rendered in writing within a reasonable time. Should the ENGI- NEER fail to make such decision within a reasonable time, appeal to arbitration may be taken as if his decision had been rendered against the party appealing. 2.05 OBJECTIONS. In the event the ENGINEER renders any decision which, in the opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with the ENGINEER within thirty days his written objection to the decision, and by such action may reserve the right to submit the question so raised to arbitration as hereinafter provided. 2.06 LINES AND GRADES. Unless otherwise specified, all lines and grades shall be furnished by the ENGINEER or his representative. Whenever necessary, construction work shall be suspended to permit performance of this work, but sUch suspension will be as brief as practicable and the CONTRACTOR shall be allowed no extra compensation therefor. The CONTRACTOR shall give the ENGINEER ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the CONTRACTOR, and in case of careless destruction or removal by him or his employees, such stakes, marks, etc., shall be replaced at the CONTRACTOR'S expense. 2.07 CONTRACTOR'S DUTY AND SUPERINTENDENCE. The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants. The superintendent shall represent the CONTRACTOR in his absence and all directions given to him shall be as binding as if given to the CONTRACTOR. G-2 o by Tex~ Section. ASCE 1971 The CONTRACTOR is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, method and manner of performing such work, so long as 'such methods do not adversely affect the completed improvements, the OWNER and ENGINEER being interested only in the result obtained and conformity of such completed improvements to the plans, specifications and contract. Likewise, the CONTRACTOR shall be solely responsible for the ,safety of himself, his employ- ees and other persons, as well as for the protection of the safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. Engineer- ing construction drawings and specifications as well as any additional information concerning the work to be performed passing from or through the ENGINEER shall not be interpreted as requiring or allowing CONTRACTOR to deviate from the plans and specifications, the intent of such drawings, specifications and any other such instructions being to define with particularity the agreement of the parties as to the work the CONTRACTOR is to perform. CONTRACTOR shall be fully and completely liable, at his own expense, for design, construction, installation and use, or non-use, of all items and methods incident to performance of the contract, and for all loss, damage or injury incident thereto, either to person or property, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precau- tions or devices, and similar items or devices used by him during construction. Any review of work in process, or any visit or observation during construction, or any clarification of plans and specifications, by the ENGINEER, or any agent, employee, or represen- tative of either of them, whether through personal observation on the project site or by means of approval of shop drawings for temporary construction or construction processes, or by other means or method, is agreed by the CONTRACTOR to be for the purpose of observing the extent and nature of work completed or being performed, as measured against the drawings and specifications constituting the contract, or for the purpose of enabling CONTRACTOR to more fully understand the plans and specifications so that the completed construction work will conform thereto, and shall in no way relieve the CONTRACTOR from full and complete responsibility for the proper performance of his work on the project, including but without limitation the propriety-of means and methods of the CONTRACTOR in performing said contract, and the adequacy of any designs, plans or other facilities for accomplishing such performance. Deviation by the CONTRACTOR from plans and specifications that may have been in evidence during any such visitation or observation by the ENGINEER, or any of his representatives, whether called to the CONTRAC- TOR'S attention or not shall in no way relieve CONTRACTOR from his responsibility to complete all work in accordance with said plans and specifications. 2.08 CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the CON- TRACTOR has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encoun- tered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the OWNER or ENGINEER either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein Contained. 2.09 CHARACTER OF WORKMEN. The CONTRACTOR agrees to employ only orderly and competent men, skillful in the performance of the type of work required under this contract, to do the work; and agrees that whenever the ENGINEER shall inform him in writing that any man or men on the work are, in his opinion, incompetent, unfaithful or disorderly, such man or men shall be discharged from the work and shall not again be employed on the work without the ENGINEER'S written consent. 2.10 CONTRACTOR'S BUILDINGS. The building of structures for housing men, or the erection of tents or other forms of protection, will be permitted only at such places as the ENGINEER shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the ENGINEER. G-3 ® by Tex~ Section. ASCE 1971 2.11 SANITATION. Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the CONTRAC- TOR-in such manner and at such points as shall be approved by the ENGINEER, and their use shall be strictly enforced. 2.12 SHOP DRAWINGS. The CONTRACTOR shall submit to the ENGINEER, with such promptness as to cause no delay in his own work or in that of any other Contractor, four checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules required for the work of the various trades, and the ENGINEER shall pass upon them with reasonable prompt- ness, making desired corrections. The CONTRACTOR shall make any corrections required by the ENGINEER, file with him two corrected copies and furnish such other copies as may be needed. The ENGINEER'S approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for deviations from drawings or specifications, unless he has in writing Called the ENGINEER'S attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. It shall be the CONTRAC- TOR'S responsibility to fully and completely review all shop drawings to ascertain thei~ effect on his ability to perform the required contract work in accordance with the plans and specifications and within the contract time. Such review by the ENGINEER shall be for the sole purpose of determining the sufficiency of said drawings or schedules ~o result in finished improvements in conformity with the plans and specifications, and shall not relieve the CONTRACTOR of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the ENGINEER does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during CONTRACTOR'S performance hereunder. 2.13 PRELIMINARY APPROVAL. The ENGINEER shall not have the power to waive the obligations of this contract for the furnishing by the CONTRACTOR of good material, and of his performing good work as herein described, and in full accordance with the plans and specifica- tions. No failure or omission of the ENGINEER to discover, object to or condemn any defective work or material shall release the CONTRACTOR from the obligations to fully and .properly perform the contract, including without limitations, the obligation to at once tear out, remove and properly replace the same at any time prior to final acceptance upon the discovery of said defective work or material; provided, however, that the ENGINEER shall, upon request of the CONTRAC- TOR, inspect and accept or reject any material furnished, and in event the material has been once accepted by the ENGINEER, such acceptance shall be binding on the OWNER, unless it can be clearly shown that such material furnished does not meet the specifications for this work. Any questioned work may be ordered taken up or removed for re-examination, by the ENGINEER, prior to final acceptance, and if foUnd not in accordance with the specifications for said work, all expense of removing, re-examination and replacement shall be borne by the CONTRACTOR, otherwise the expense thus incurred shall be allowed as EXTRA WORK, and shall be paid for by the OWNER; provided that, where inspection or approval is specifically required by the specifications prior to performance of certain work, should the CONTRACTOR proceed with such work without requesting prior inspection or approval he shall bear all expense of taking up, removing, and replacing this work if so directed by the ENGINEER. 2.14 DEFECTS AND THEIR REMEDIES. It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the ENGINEER as unsuitable or not in conformity with the speci- fications, the CONTRACTOR shall, after receipt of written notice thereof from the ENGINEER, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. 2.15 CHANGES AND ALTERATIONS. The CONTRACTOR further agrees that the OWNER may make such changes and alterations as the OWNER may see fit, in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying Performance and Payment Bonds. G-4 ® l~y rexas Section, ASCE 1971 If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with, except as provided for unit price items under Section 5 "Measurement and Pay- ment.'' If the amount of work is increased, and the work can fairly be classified Under the speci- fications, such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this contract, except as provided for unit price items under Section 5 "Measurement and Payment;" otherwise, such additional work shall be paid for as provided under Extra Work. In case the OWNER shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the OWNER shall recompense the CONTRACTOR for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. 3. GENERAL OBLIGATIONS AND RESPONSIBILITIES 3.01 KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE. The ENGINEER shall furnish the CONTRACTOR with an adequate and reasonable number of copies of all plans and specifications without expense to him, and the CONTRACTOR shall keep one copy of the sa~:.ae constantly accessible on the work, with the latest revisions noted thereon. 3.02 OWNERSHIP OF DRAWINGS. All drawings, specifications and copies thereof furnished by the ENGINEER shall not be reused on other work, and, with the exception of the signed contract sets, are to be returned to him on request, at the completion of the work. Ail models are the property of the OWNER. 3.03 ADEQUACY OF DESIGN. It is understood that the OWNER 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 and the practicability of the operations of the completed project; provided the CONTRACTOR has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the OWNER. The burden of proof of such compliance shall be upon the CONTRACTOR to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof and all approved additions and alterations thereto. 3.04 RIGHT OF ENTRY. The OWNER reserves the right to enter the property or location on which the works herein contracted for are to be constructed or installed, by such agent or agents as he may elect, for the purpose of inspecting the work, or for the purpose of constructing or installing such collateral work as said OWNER may desire. 3.05 COLLATERAL CONTRACTS. The OWNER agrees to provide by separate contract or otherwise, all labor and material essential to the completion of the work specifically excluded from this contract, in such manner as not to delay the progress of the work, or damage said CONTRAC- TOR, except where such delays are specifically mentioned elsewhere in the Contract Documents. 3.06 DISCREPANCIES AND OMISSIONS. It is further agreed that it is the intent of this contract that all work must be done and all material must be furnished in accordance with the generally accepted practice, and in the event of any discrepancies between the separate contract documents, the priority of interpretation defined under "Contract Documents" shall govern. In the event that there is still any doubt as to the meaning and intent of any portion of the contract, specifications or drawings, the ENGINEER shall define which is intended to apply to the work. 3.07 EQUIPMENT, MATERIALS AND CONSTRUCTION PLANT. The CONTRACTOR shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction, and any and all parts of the work, whether the CONTRACTOR has been paid, partially paid, or not paid for such work, until the entire work is completed and accepted. 3.08 DAMAGES. In the event the CONTRACTOR is damaged in 'the course of the comple- tion of the work by the act, neglect, omission, mistake or default of the OWNER, or of the ENGINEER, or of any other CONTRACTOR employed by the OWNER upon the work. therebv causing loss to the CONTRACTOR, the OWNER agrees that he will reimburse the CONTRACTOR for such loss. In the event the OWNER is damaged in the course of the work by the act, negligence, omission, mistake or default of the CONTRACTOR, or should the CONTRACTOR unreasonably delay the progress of the work being done by others on the job so as to cause loss for which the OWNER becomes liable, then the CONTRACTOR shall reimburse the OWNER for such loss. 3.09 PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC. The CONTRACTOR shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of Federal, State, and Municipal safety laws and building and construction codes. All machinery and equipment and other physical hazards .shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America except where incompatible with Federal, State, or Municipal laws or regulations. The CONTRACTOR shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks, and other safety devices. The safety precautions actually taken and their adequacy shall be the sole responsibility of the CONTRACTOR, acting at his discretion as an independent contractor. 3.10 PERFORMANCE AND PAYMENT BONDS. Unless otherwise specified, it is further agreed by the parties to this Contract that the CONTRACTOR will execute separate performance and payment bonds, each in the sum of one hundred (100) percent of the total contract price, in standard forms for this purpose, guaranteeing faithful performance of the work and the fulfillment of any guarantees required, and further guaranteeing payment to all persons supplying labor and materials or furnishing him any equipment in the execution of the Contract, and it is agreed that this Contract shall not be in effect until such performance and payment bonds are furnished and approved by the OWNER. Unless otherwise approved in writing by the OWNER, the surety company underwriting the bonds shall be acceptable according to the latest list of companies holding certificates of authority from the Secretary of the Treasury of the United States. Unless otherwise specified, the cost bf the premium for the performance and payment bonds shall be included in the CONTRACTOR'S proposal. 3.11 LOSSES FROM NATURAL CAUSES. Unless otherwise specified, all loss or damage to the CONTRACTOR arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the CONTRACTOR at his own cost and expense. 3.12 PROTECTION OF ADJOINING PROPERTY. The said CONTRACTOR shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this Agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. The CONTRACTOR agrees to indemnify, save and hold harmless the OWNER and ENGINEER against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of the contract; but any such indemnity shall not apply to any claim of any kind arising out of the existence or character of the work. 3.13 PROTECTION AGAINST CLAIMS OF SUB-CONTRACTORS, LABORERS, MATER- IALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES. The CONTRAC- TOR agrees that he will indemnify and save the OWNER and ENGINEER harmless from all claims growing out of the lawful demands of sub-contractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the furtherance of the performance of this contract. When so desired by the OWNER, the CONTRACTOR shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the CONTRACTOR fails so to do, then the OWNER may at the option of the CONTRACTOR either pay directly any unpaid bills, of which the OWNER has written notice, or withhold from the CONTRACTOR'S unpaid compensation a sum of money deemed reasonably sufficient to liquidate any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payments to the CONTRACTOR shall be resumed in full, in accordance with the terms of this contract, but in no event shall the provisions of this sentence be construed to impose any obligation upon the OWNER by either-the CONTRACTOR or his Surety. 3.14 PROTECTION AGAINST ROYALTIES OR PATENTED INVENTION. The CON- TRACTOR shall pay ail royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the patentee or owner. The CONTRACTOR shall defend all suits or claims for infringement of any patent or copyright rights and shall indemnify and save the OWNER and ENGINEER harmless from any loss on account thereof, except ~that-the OWNER shall defend all such suits and claims and ~shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required by the OWNER; provided, however, if choice of alternate design, device, material or process is allowed to the CONTRACTOR, then CONTRACTOR shall indemnify and save OWNER harmless from any loss on account thereof. If the material or process specified or required by the OWNER is an infringe- ment, the CONTRACTOR shall be responsible for such loss unless he promptly gives such information to the OWNER. 3.15 LAWS AND ORDINANCES. The CONTRACTOR shall at all times observe and comply with all Federal, State and local laws, ordinances and regulations, which in any manner affect the contract or the work, and shall indemnify and save harmless the OWNER and. ENGINEER against any claim arising from the violation of any such laws, ordinances, and regulations whether by the CONTRACTOR or his employees, except wl~ere such violations are called for by the provisions of the Contract Documents. If the CONTRACTOR observes that the plans and specifications are at variance therewith, he shall promptly notify the ENGINEER in writing, and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the CONTRAC- TOR performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the ENGINEER, he shall bear all costs arising therefrom. In case the OWNER is a body politic and corporate, the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which 'the OWNER may enter into contract, shall be controlling, and shall be considered as part of this contract, to the same effect as though embodied herein. 3.16 ASSIGNMENT AND SUBLETTING. The CONTRACTOR further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract and that he will not assign by Power of Attorney, or otherwise, or sublet said contract without the written consent of the ENGINEER, and that no part or feature of the work will be sublet to anyone objectionable to the ENGINEER or the OWNER. The CONTRACTOR further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the CONTRACTOR from his full obligations to the OWNER, as provided by this Agreement. 3.17 INDEMNIFICATION. The CONTRACTOR shall defend, indemnify and hold harmless the OWNER and the ENGINEER and their resoective officers, agents and employees, from and against all damages, claims, losses, demands, suits, judgments and costs, including reasonable attorneys' fees and expenses, arising out of or resulting from the performance of the work, provided that any such damages, claim, loss, demand, suit, judgment, cost or expense: (1) Is attributable to bodily injury, sickness, disease or death or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom; and, G-7 ® by Texas Section. ASCE 1971 (2) Is caused in whole or in part by any neghgent act or.: omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. The obligation of the CONTRACTOR Under this ParagraPh shall not extend to the liability of the ENGINEER, his agents or employees arising out of the preparation or approval of maps, drawings, reports, surveys, Change Orders, designs or specifications, or the giving of or the failure to give directions or instructions by the ENGINEER, his agents or employees, provided such giving or failure to give is the primary cause of the injury or damage. 3.18 INSURANCE. The CONTRACTOR at his own expense shall purchase, maintain and keep in force such 'insurance as will protect him from claims set forth below which may arise out of or result from the CONTRACTOR'S operations under the Contract, whether such operations be by himself or by any Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (1) Workmen's uompensation claims, disability benefits and other similar employee benef;t acts; (2) (3) Claims for damages because of bodily injury, occupational sickness or disease, or death of his employees, and claims insured by usual bodily injury liability coverages; Claims for damages because of bodily injury, sickness or disease, or death of any person other than his employees, and claims insured by usual bodily injury liability coverages; and (4) Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom. 3.18.1 CERTIFICATE OF INSURANCE. Before commencing any of the work, CONTRAC- TOR shall file with the OWNER valid Certificates of Insurance acceptable to the OWNER and the ENGINEER. Such Certificates shall contain a provision that coverages afforded under the policies will not be cancelled until at least fifteen days' prior written notice has been given to the OWNER. The CONTRACTOR shall also file with the OWNER valid Certificates of Insurance covering all sub-contractors. 4. PROSECUTION AND PROGRESS 4.01 TIME AND ORDER OF COMPLETION. It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the CONTRACTOR shall be allowed to prosecute his work at such times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction: provided, however, that the order and the time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the Proposal; provided, also, that when the OWNER is having other work done, either by contract or by his own force, the ENGINEER may direct the time and manner of constructing the work done under this contract, so that conflict will be avoided and the construction of the various works being done for the OWNER shall be harmonized. The CONTRACTOR shall submit, at such times as may reasonably be requested by the ENGINEER, schedules which shall show the order in which the CONTRACTOR proposes to carry on the work, with dates at which the CONTRACTOR will start the several parts of ~he work, and estimated dates of completion of the several parts. 4.02 EXTENSION OF TIME. Should the CONTRACTOR be delayed in the completion of the work by any act or neglect of the OWNER or ENGINEER, or of any employee of either, or by other contractors employed by the OWNER, or by changes ordered in the work, or by strikes, lockouts, fires, and 'unusual delays by common carriers, or unavoidable cause or causes beyond the CONTRACTOR'S control, or by any cause which the ENGINEER shall decide justifies the delay, then an extension of time shall be allowed for completing the work, sufficient to compensate for the delay, the amount of the extension to be determined by the ENGINEER, provided, however, that the CONTRACTOR shall give the ENGINEER prompt notice in writing of the cause of suc_~h delay. 4.03 HINDRANCES AND DELAYS. No claims shall be made by the CONTRACTOR for damages resulting from hindrances or delays from any cause (except where the work is stopped by order of the OWNER) during the progress of any portion of the work embraced in this contract. In case said work shall be stopped by the act of the OWNER, then such expense as in the judgment of the ENGINEER is caused by such stoppage of said work shall be paid by the OWNER to the CONTRACTOR. 5. MEASUREMENT AND PAYMENT 5.01 QUANTITIES AND MEASUREMENTS. No extra or customary measurements of any kind will be allowed, but the actual measured and/or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. 5.02 ESTIMATED QUANTITIES. This agreement, including the specifications, plans and estimate, is intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material ~o be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. It is understood and agreed that the actual amount of work to be done and material to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of such work done and the material furnished. Where payment is based on the unit price method, the CONTRACTOR-agrees that he will 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 this contract and the estimated quantities contemplated and contained in the proposal; provided, however, that in case the actual quantity of any major item should become as much as 20% more than, or 20% less than the estimated or contemplated quantity for such items, then either party to this Agreement, upon demand, shall be entitled to a revised consideration upon the portion of the work above or below 20% of the estimated quantity. A "Major Item" shall be construed to be any individual bid item incurred in the proposal that has a total cost equal to or greater than five (5) per cent of the total contract cost, computed on the basis of the proposal quantities and the contract unit prices. Any revised consideration is to be determined by agreement between the parties, otherwise by the terms of this Agreement, as provided under "Extra Work." 5.03 PRICE OF WORK. In consideration of the furnishing of all the necessary labor, equipment and material, and the completion of all work by the CONTRACTOR, and on the completion of all work and of the delivery of all material embraced in this Contract in full conformity with the specifications and stipulations herein contained, the OWNER agrees to pay the CONTRACTOR the prices set forth in the Proposal hereto attached, which has been made a part of this contract. The CONTRACTOR hereby agrees to receive such priceS in full for furnishing ali material and all labor required for the aforesaid work, also ~or all expense incurred by him, and for well and truly performing the same and the whole thereof in the manner and according to this Agreement. G-9 o b~ T~ ~t~ .... so~ ~s~ 5.04 PARTIAL PAYMENTS. On dr before the 10th day of each month, the CONTRACTOR shall prepare and submit to the ENGINEER for approval or modification a statement showing as completely as practicable the total value of the work done by the CONTRACTOR up to and including the last day of the preceding month; said statement shall also include the value of all sound materials delivered on the site of the work that are to be fabricated into the work. The OWNER shall then pay the CONTRACTOR on or before the 15th day of the current month the total amount of the approved statement, less 10 ~)er cent of the amount thereof, which 10 per cent shall be retained until final payment, and further less all previous payments and all further sums that may be retained by the OWNER Under the terms of this Agreement. It is understood, however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the CONTRACTOR, the OWNER may--upon written recommendation of the ENGINEER pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR. or the CONTRACTOR at the OWNER'S option, may be relieved of the obligation to fu!!v complete the work and, thereupon, the CON- TRACTOR shall receive payment of the balance due him under the contract subject only to the conditions stated under "Final Payment." 5.05 USE OF COMPLETED PORTIONS. The OWNER shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding 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 acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost of or delays the work, the CONTRACTOR shall be entitled to such extra compensation, or extension of time, or both, as the ENGINEER may determine. The CONTRACTOR shall notify the ENGINEER when, in the CONTRACTOR'S opinion, the contract is "substantially completed" and when so notifying the ENGINEER, the CONTRAC- TOR shall furnish to the ENGINEER in writing a detailed list of unfinished work. The ENGINEER will review the CONTRACTOR'S list of unfinished work anal will add thereto such items as the CONTRACTOR has failed to include. The "substantial completion" of the structure or facility shall not excuse the CONTRACTOR from performing all of the work undertaken, whether of a minor or major nature, and thereby completing the structure or facility in accordance with the Contract Documents. 5.06 FINAL COMPLETION AND ACCEPTANCE. Within ten (10) days after the CON- TRACTOR has given the ENGINEER written notice that the work has been completed, or substantially completed, the ENGINEER and the OWNER shall inspect the work and within said time, if the work be found to be completed or substantially completed in accordance with the Contract Documents, the ENGINEER shall issue to the OWNER and the CONTRACTOR his Certificate of Completion, and thereupon it shall be the duty of the OWNER within ten (10) days to issue a Certificate of Acceptance of the work to the CONTRACTOR or to advise the CONTRAC- TOR in writing of the reason for non-acceptance. 5.07 FINAL PAYMENT. Upon the issuance of the Certificate of Completion, the ENGI- NEER shall proceed to make final measurements and prepare final statement of the value of all work performed and materials furjnished under the terms of the Agreement and shall certify same to the OWNER, who shall pa~ to the CONTRACTOR on or after the 30th day, and before the 35th day, after the date of the Certificate of Completion, the balance due the CONTRACTOR under the terms of this Agreement, provided he has fully performed his contractual obligations under the terms of this contract; and said payment shall become due in any event upon said performance by the CONTRACTOR. Neither the Certificate of Acceptance nor the final payment, nor any provision in the Contract Documents, shall relieve the CONTRACTOR of the obligation for fulfillment, of any warranty which may be required. 5.08 PAYMENTS WITHHELD. The OWNER may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: G-10 ® by Tex~ Section. ASCE 1971 (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating probable filing of claims. (c) Failure of the CONTRACTOR to make payments properly to sub- contractors or for material or labor. (d) Damage to another contractor. (e) Reasonable doubt that the work can be completed for the unpaid balance of the contract amount. (f) Reasonable indication that the work will not be completed within the contract time. When the .above grounds are removed or the CONTRACTOR provides a Surety Bond satisfactory to the OWNER, which will protect the OWNER in the amount withheld, payment shall be made for amounts withheld because of them. 5.09 DELAYED PAYMENTS. Should the OWNER fail Co make payment to the CONTRAC- TOR of the sum named in any partial or final statement, when payment is due, then the OWNER shall pay to the CONTRACTOR, in addition to the sum shown as due by such statement, interest thereon at the rate of six (6) percent per annum, unless otherwise specified, from date due as provided under "Partial Payments" and "Final Payments," until fullj paid, which shall fully liquidate any injury to the CONTRACTOR growing out of such delay in payment, but the right is expressly reserved to the CONTRACTOR in the event payments be not promptly made, as provided under "Partial Payments," to at any time thereafter treat the contract as abandoned by the OWNER and recover compensation, as provided under "Abandonment of Contract," unless such payments are withheld in accordance with the provisions of "Payments Withheld." 6. EXTRA WORK AND CLAIMS 6.01 CHANGE ORDERS: Without invalidating this Agreement, the OWNER may, at any time or from time to time, order additions, deletions or revisions to the work; such changes will be authorized by Change Order to be prepared by the ENGINEER for execution by the OWNER and the CONTRACTOR. The Change Order shall set forth the basis for any change in contract price, as hereinafter set forth for Extra Work, and any change in contract time which may result from the change. In the event the CONTRACTOR shall refuse to execute a Change Order which has been prepared by the ENGINEER and executed by the OWNER, the ENGINEER may in writing instruct the CONTRACTOR to proceed with the work as set forth in the Change Order and the CONTRACTOR may make claim against the OWNER for Extra Work involved therein, as herein- after provided. 6.02 MINOR CHANGES: The ENGINEER may authorize minor changes in the work not inconsistent with the overall intent of the Contract Documents and not involving an increase in Contract Price. If the CONTRACTOR believes that any minor change or alteration authorized by the ENGINEER involves Extra Work and entitles him to an increase in the Contract Price, the CONTRACTOR shall make written request to the ENGINEER for a written Field Order. In such case, the CONTRACTOR by copy of his communication to the ENGINEER or otherwise in writing shall advise the OWNER of his request to the ENGINEER for a written Field Order and that the work involved may result in an increase in the Contract Price. Any request by the CONTRACTOR for a change in Contract Price shall be made prior to beginning the work covered by the proposed change. 6.03 EXTRA WORK: It is agreed that the basis of compensation to the CONTRACTOR for work either added or deleted by a Change Order or for which a claim for Extra Work is made shall be determined by one or more of the following methods: G-11 ® by Texs.~ See~on, ASCE 1971 Method (A) By agreed unit prices; or Method (B)--By agreed lump sum; or Method (C)--If neither Method (A) nor Method (B) be agreed upon before the Extra Work is commenced, then the CONTRACTOR shall be paid the "actual field cost" of the work, plus fifteen (15) percent. In the event said Extra Work be performed and paid for under Method (C), then the pro- visions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost to the CONTRACTOR of all workmen, such as foreman, timekeepers, mechanics and laborers, and materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such Extra Work, plus actual transportation charges necessarily incurred, together with all power, fuel, lubricants, water and similar operating expenses, also all necessary incidental expenses incurred directly on account of such Extra Work, including Social Security, Old Age Benefits and other payroll taxes, and, a rateable proportion of premiums on Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property Damage and Workmen's Compensation, and all other insurance as may be required by any law or ordinance, or directed by the OWNER, or by them agreed :to. The ENGINEER may direct the form in which accounts of the "actual field cost" shall be kept and the records of these accounts shall be made available tothe ENGINEER. The ENGINEER or OWNER may also specify in writing, before the work commences, .the method of doing the work and the type and kind of machinery and equip- ment to be used; otherwise these matters shall be determined by the CONTRACTOR. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100 per cent, unless otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America. Where practicable the terms and prices for the use of machinery and equipment shall be incorporated in the Written Extra Work Order. The fifteen (15%) per cent of the "actual field cost" to be paid the CONTRAC- TOR shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the "actual field cost" as herein defined, save that where the CONTRACTOR'S Camp or Field Office must be maintained primarily on account of such Extra Work; then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for Extra Work of any kind will be allowed unless ordered in writing by the ENGINEER. In case any orders or instructions, either oral or written, appear to the CONTRAC- TOR to involve Extra Work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the ENGINEER for written order authorizing such Extra Work. Should a difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment therefor, and the ENGINEER insists upon its performance, the CONTRACTOR shall proceed with the work after making written request for written order and shall keep an accurate account of the "actual field cost" thereof, as provided under Method (C). The CONTRACTOR will thereby p~eserve the right to submit the matter of payment to arbitration, as hereinbelow provided. 6.04 TIME OF FILING CLAIMS. It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the CONTRACTOR shall be in writing and filed with the ENGINEER within thirty (30) days after the ENGINEER has given any directions, order or instruction to which the CONTRACTOR desires to take exception. The ENGINEER shall reply within thirty (30) days to such written exceptions by the CONTRACTOR and render his final decision in writing. In case the CONTRACTOR should appeal from the ENGINEER'S decision, any demand for arbitration shall be filed with the ENGINEER and the OWNER in writing within ten (10) days after the date of delivery to CONTRACTOR of the ENGINEER'S final decision. It is further agreed that final acceptance of the work by the OWNER and the acceptance by the CONTRACTOR of the final payment shall be a bar to any claims by either party, except where noted otherwise in the Contract Documents. 6.05 ARBITRATION. All questions of dispute under this Agreement shall be submitted to arbitration at the request of either party to the dispute. The parties may agree upon one arbiter, otherwise, there shall be three, one named in writing by each party, and the third chosen by th~ two arbiters so selected; or if the arbiters fail to select a third within ten (10) days, he shall be chosen by a District Judge serving the County in which the major portion of the project is located, unless otherwise specified. Should the party demanding arbitration fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the decision of the ENGINEER shall be final and binding on him. Should the other party fail to choose an arbiter within ten (10) days, the ENGINEER shall appoint such arbiter. Should either party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the arbiters are empowered by both parties to take ex parte proceedings. The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract. The decision of the arbiters upon any question submitted to arbitration under this contract shall be a condition p_recedent to any right of legal action. The decision of the arbiter or arbiters may be filed in court to carry it into effect. The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sustained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The arbiters shall fix their own compensation, unless otherwise provided by agreement, and shall assess the cost and charges of the arbitration upon either or both parties. The award of the arbiters must be made in writing. 7. ABANDONMENT OF CONTRACT 7.01 ABANDONMENT BY CONTRACTOR. In case the CONTRACTOR should abandon and fail or refuse to resume work within ten (10) days after written notification from the OWNER, or the ENGINEER, or if the CONTRACTOR fails to comply with the orders of the ENGINEER, when such orders are consistent :with the Contract Documents, then, and in that case, where performance and payment bonds exist, the Sureties on these bonds shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the CONTRACTOR. After receiving said notice of abandonment the CONTRACTOR shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under contract for the work, may be held for use on the work by the OWNER or the Surety on the performance 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 with Extra Work, where credit shall be allowed as provided for under Section 6, Extra Work and Claims), it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. Where there is no performance bond provided or in ease the Surety should fail to commence compliance with the notice for completion hereinbefore provided for, within ten (10) days after service of such notice, then the OWNER may provide for completion of the work in either of the following elective manners: 7.01.1 The OWNER may thereupon employ such force of men and use such machinery, equipment, tools, materials and supplies as. said OWNER may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said CONTRACTOR, and expense so charged shall be deducted and paid by the OWNER out of such moneys as may be due, or that may thereafter at any time become due to the CONTRAC- TOR under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the CONTRACTOR, then said CONTRACTOR shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said CONTRACTOR, then the CONTRACTOR and/or his Surety shall pay the amount of such excess to the OWNER; or 7.01.2 The OWNER under sealed bids, after five (5) days notice published one or more times in a newspaper having general circulation in the county of the location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case any increase in cost to the OWNER under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the CONTRACTOR and the Surety shall be and remain bound therefor. However, should the cost ~o complete any such new contract prove to be less than what would have been the cost to complete under this contract, the CONTRACTOR and/or his Surety shall be credited therewith. When the work shall have been substantially completed the CONTRACTOR and his Surety shall be so notified and Certificates of Completion and Acceptance, as provided in Paragraph 5.06 hereinab0ve, shall be issued. A complete itemized statement of the contract accounts, certified to by the ENGINEER as being correct, shall then be prepared and delivered to the CONTRACTOR and his Surety, whereupon the CONTRACTOR and/or his Surety, or the OWNER as the case may be,. shall pay the balance due as reflected by said statement, within fifteen (15) days after the date of such Certificate of Completion. In the event the statement of accounts shows that the cost. to complete the work 'is .less than that which Would have been the cost to the OWNER had; the work been completod by the CONTRACTOR under the terms of this contract; or ~when the. CONTRACTOR and/or his Surety shall pay the balance Shown to .be due by them to 'the OWNER, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the CONTRACTOR and/or his Surety. Should the cost to complete the wOrk exceed the contract price, and the CONTRACTOR and/or his Surety fail to pay the amount due the OWNER within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such .. equipment and materials, shall be mailed to the CONTRACTOR and his Surety at. the respective addresses designated in this contract, provided, however, that actual written notice given in any manner will satisfy this condition, After mailing, or other giving of such notice, such property shall be held at the risk of the CONTRACTOR and his Surety subject only to the duty of the OWNER to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the OWNER may sell such machinery, equipment, tools, materials or supplies and: apply the net sum derived from such sale to the credit of the CONTRACTOR and his SUrety. Such sale may be made at either public or private sale, with or without notice, as the OWNER may elect. The OWNER shall release any machinery, equipment, too!s,~ materials, or supplies, which remain on the work, and belong to persons other than the CONTRACTOR or his Surety, to their proper owners. The books on all operations provided herein shall be open to the CONTRACTOR and his Surety. 7.02 ABANDONMENT BY OWNER. In case the OWNER shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms within ten (10) days after written notification by the CONTRACTOR, then the CONTRACTOR may suspend or wholly abandon the work, and may remove therefrom all machinery, tools and equipment, and ali materials on the site of work that have not been included in payments to the CONTRACTOR and have not been wrought into the work. And thereupon the ENGINEER shall make an estimate of the total amount earned by the CONTRACTOR, which estimate shall include the value of all work actually completed by said CONTRACTOR (at the prices stated in the attached proposal where unit pricer are used), the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the CONTRACTOR to carry the whole work to .completion and which cannot be utilized. The ENGINEER shall then make a final statement of the balance due the CONTRACTOR by deducting from the above estimate all previous payments by the OWNER and all other sums that may be retained b.v the OWNER under the terms of this Aexeement and shall certif_v same to the OWNER who shall pay to the CONTRACTOR on or before thirty (30) days after the date of the notification by the CONTRACTOR the balance shown by said final statement as due the CONTRACTOR, under the terms of this Agreement. G-14 AMENDMENTs AND CHANGES 8.01 AMENDMENTS AND CHANGES TO GENERAL CONDITIONS OF AGREEMENT. 3.18 INSURANCE. Add the following: required by the Special Conditions. (5) Including all other insurance 5.04 PARTIAL PAYMENTS. Change first sentence of second paragraph to read as follows: The OWNER shall then pay the CONTRACTOR on or before the 30th day of the current month the total amount of the approved statement, less 10 percent of the amount thereof, which 10 percent shall be retained until final payment, and further less all p~evious payments and all further sums that may be retained by the OWNER under the terms of this Agreement~ 5.07 FINAL PAYMENT. Add the following: Any said payment shall be less any penalties for noncompletion within specified time or otherwise accruing under Contract. 5.08 PAYMENTS WITHHELD. Add the following: (g) Penalties for non- completion or otherwise deductible under terms of Contract. 7.02 ABANDONMENT J~' OWNER. Change first sentence to read as follows: In case the OWNER shall fail to comply with the terms of this contract and should fail or refuse to comply with said terms within thirty (30) days after written notification by the CONTRACTOR, then the CONTRACTOR may sus- pend or wholly abandon the work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of work that have not been included in payments to the CONTRACTOR and have not been wrought into the work. G-15 DETAILED SPECIFICATIONS FOR STREET IMPROVEMENTS A. GENERAL: The Standard Specifications for Construction of Highways, Streets and Bridges adopted by the State Highway Department of Texas, January 3, 1972, 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 providing that all requirements set forth in the Plans and in these Specifications shall take precedence over requirements set forth in the Standard Specifica- tions. B. STANDARD SPECIFICATIONS ITEMS AND SPECIAL PROVISIONS: The Standard Specifications Items listed below apply to this pro- jeet. Each Item shall be changed as set forth below. Ail other provi- sions 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. I_tem 10.0 - Prepa?ing ~ight of Way Paragraph 100.4 is voided and the following is 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 - Clearing and Grubbing Paragraph 102.4 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. Iteml. 04' - ~eDo~ipg Old Concrete Paragraph 104.4 is voided and the following is substituted: DS - 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 Specifica~ion"Subgr~ade~Exea- vation and Preparation" is substituted in itsptace as follows: Description: This Item shall consist of all' excavation,'haut and disposal of excess earth materials, and all grading and compacting work nec- essary to bring the subgrade for the caliche base and the concrete pavement to the 'tine~ grade and sections as shown-on the Plans or as established by the Engineer. This Item shall also consist of the furnishing, wetting and compacting of the necessary materials to provide necessary fill to bring the subgrade to the line, grade and sections as shown on the Plans or as established by the Engi- neero 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° 2. Subgrade Construction~ The area to be paved shall be excavated and shaped in conform- ity with the typical sections and to the lines and grades as shown on the Plans or as established by the Engineera Ail unstable or othemwise objectionable material shall be removed from the sub- grade and replaced with approved material° Before placement of the base material, the subgrade shall be wetted and rolled to secure a uniform 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 ofsUitable quality to be used as fill material. Excess material shall be the property o~f the Contractor and shall be disposed of by hauling and dumping at-a~disposal site approved by the Engineer. No exc~vate~material~shall be depos- ited within any wet weather lake area as def~ined'by City of Plain- view Ordinance NOo 64-848 and no material shall be stock piled within the Plainview City Limits without the Specific Use Permit such as provided in the Zoning Ordinance of the. Cityof Plainviewo 3° 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 Caliche Base"° These costs shall be full compensation for all necessary fill or excavating, 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° DS - 2 Item 204 - Sprinkling Paragraph 204.5 is voided and the fdllowing sutstituted: This 'Item is-considered incidental to the work' and no direct pay- ment for "Sprinkling" as such ~iil be made~.but-~the costs or-same. shall be inc!u~ed in, the unit prlees bid fop the various items'.~ These costs shall be full compensation for all costs in connection with furnishing the water, for all costs' in conneatiOn with furnishing and operating approved sprinklers, and for applying the water as directed, including 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 pay- ment for "Rolling" as suchwill be made. Item 211 - Rollin~ (Tamping) .Paragraph 211.5 is voided and the' following substituted: This Item is considered incidental to the work and no direct pay- ment for "Rolling" as such will be made'~ I_~tem 212 - Rolling (Hea~ Tamping') Paragraph 212.5 is voided and the following s~.stituted: This Item is COnsidered incidental to the ~work and no direct pay- ment for "Rolling" as such will be made° Item 213 - Rolli~ (Pneumatic Tire) Paragraph 213.5 is voided and the following substituted: This Item is considered incidental to the work and no direct pay- ment for "Rolling" as such will be made. Item 214 - Rolling (H~avy Pneumatic) Paragraph 214.5 is 'VOided and the following substituted: This Item is considered incidental to the work and no direct pay- ment for "Rolling" as such will 'be made. Item 232 - Flexible Base (Caliche) Paragraph 2~2~2 is changed~s~oh that ~no payment for "Stripping" as sudh 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. DS - 3 Paragraph 232.5 is amended to include the following: 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 satisfaetion'~that,~ma~terial in the required quantity is available; and to'furnish the Engineer sufficient evidence that the material meets the requir~ements,-of the-Specifications. Paragraph 232.6 is amended to include the following: The compacted catiche base shall havea 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 232.8 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 pricebid 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 mat- erials, 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 andlincidentals neces- sary to complete the work as specified and a's shown on the Plans. Item 252 Sa~vagipg and Replacing Base Paragraph 252~ is.amended tO include the following: The compacted base~'mat~rial shall'have a density of not less than 95% Standard Proctor. Paragraph 252.4 is voided and the following substituted: Work performed under this Item shall be measured by the square yard of complete replaced base material. Paragraph 252.5 is voided and the following substituted: The work performed and the materials salvaged and replaced as pre- scribed by this item and measured as provided above will be paid for at the contract unit price bid for "Salvaging and Replacing Base", which prices shall be full compensation for Subgrade-Excavation and Prepara- tion; sprinkling and for shaping and fine grading thesubgrade, for cleaning surface to be salvaged, for scarifying and'breaking up asphal- tic surface, for scarifying, removing, windrowing or stockpiling all DS - 4 salvaged material; for~allhauling; for replacing the salvaged ma~ terial on the prepared subgrade; for spreading, blading~, dragging, shap- ing, rolling and finishing, and for all manipmlatioms, labor, tools, e-~ quipment and incidentals necessary 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 Only) Paragraph 310.2 Materials is amended to include the following: Asphaltic material used for prime coat shaltbe cut-back Asphalt, MC-30 applied at the rate 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 andmeasured as provided Under "Measurement" witt-be paid for at the unit price bid for "Prime Coat", which price shall-be full compen- sation for cleaning the area and/or base'; for furnishing, heating, haul- ing and distributing the asphaltic material as specified;" for all mani- pulations, labor, tools, equipment and incidentals necessary to complete the work. Item 316 - Seal Coat Paragraph 316.2 is amended to include the following: (1) Asphaltic Materials - Asphalt used shall be-0A-175 applied at the rate of 0.30 gallon per square yard'-or as. directed by the En- gineer. (Where seat coatis~in conjunction~with-~new construction, asphalt used shall be the same as for surface treatment for new construction.) (2) Aggregate - Aggregate shall be Type B, Grade 5, applied at the rate of one (i) cubic yard of aggregate per 120 square yards of surface or as directed by the Engineer. Materials shall be as specffied and shall~be approved by the Engineer prior to their use. Certified test reports and Certifi- cates of Compliance shall be furnished with each shipment of as- phalt. Certified test reports from an independent laboratory shall be furnishedindicating that aggregate complies with specificationa Temporary stockpiling of materials will not be allowed where such stockpiling will cause damage to lawns or other improvements. DS - 5 The Contractor shall provide'stockpile locatiens-where necessary and shall secure any required permits for such. Paragraph 316.3 isamended~.to include the following: The entire surface shall be rolled with~..a self-propelled flat wheel roller weighing not iessthanthree (3)~ons nor 'more than ten (10) tons immediately upon' completion of~theapUti~cation of the ~ggre- gate to the surface and the broomin'g and'bi, ding'of same. The flat wheel roller shall pass at least twice over the~entire surface. Flat wheel rolling shall be immediately followed by ~ pneumatic roller. The pneumatic roller shall make'not less than five-~5) passes over the en- tire surface° The Contractor shall take special eareto protect adjacent property from damage caused from'depositing materials or from the maneu- vering of equipment~ Paragraph 316.4 is voided and the following substituted: The measurement of 'the~work perf~rmed under, this contract shall be measured by the squareyard ofcompleted Sea~"Coat in place. Paragraph 316.5 is voided and the followia-g substituted: Payment for Seal Coat sha%t~bemade'at the-un~.price hid per _ square yard of surface completed in place and such price ~shall be full compensation for cleaning and sprinkling the surface, for furnishing, preparing, hauling and placing all materials, for all freight involved, for all rolling, and for all manipulations, labor', tools, equipment and incidentals necessary to complete the work. Item 324 - Three 'Cou~se~Surface Treatment This Item is deleted~and the Special Speeificatisn "Three Course Asphaltic Surface Treatment" substituted in its place as follows: 1. GE-NERAL: This Itemshall csnsist of the' furnimhing~'~of~a~'t materials, equip- ment, labor and whatever~else'may~benecessary' f~r~aeing a penetra~- tion'type asphaltic wearing surface composed of'three applications of asphaltic material, each covered'with aggregate', over the completed base, constructed in accordance wit~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 Ptainviewo 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 sur- face for a period of one (1) year from the date of completion of the work under this contract~ DS - 6 MATERIALS: (a) Asphalt Cement The asphalt-used shall be Grade AC-5 as set forth in Item 300. (b) Latex Additive The latex additive shall be as set forth in Item 300 and shall be added to the asphalt cement only when shown on the Plans or set forth in the Special Conditions. (c) A$.gr. egate The aggregate shall be composed of sound and durable particles of crushed stone or crushed gravel. 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 or- ganic matter, clay, loam, or pebbles coated therewith, and shall not contain more than five percent (5%) of slate, shale, schist or soft particles of sandstone° The Number 1 and 2 aggregate shall have a per- cent of wear of not more than thirty-five (35) and the Number 3 aggre- gate 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~SoHoOo Designation T-96 as revised). When tested bY approved laboratory meth- ods, each shall meet the requirements for grading specified below: No. I Aggregate Texas Highway Department Grade i Retained on 7/8" sieve ...... 0% Retained on 3/4" sieve .... 0 - 57% Retained on 5/8" sieve .... 85 - 100% Retained on 3/8" sieve ...... 95 100% Retained on No. 10 sieve. . .99 - 100% No. 2 Aggregate Texas Highway Department Grade 3 Retained on 5/8" sieve ..... 0% Retained on 1/2" sieve .... 0 - 5% Retained on 3/8".sieve ....... 85- - 100% Retained on 1/4" sieve ...... 95 - 100% Retained on No. 10 sieve .... 99 - 100% Noo 3 Aggregate - Retained on 3/8" sieve ...... 0% Retained on 1/4" sieve .... 0 5% Texas Highway Retainedon No. 4 sieve ..... 50 - 100% Department Retained on No. 10 sieve ..... 99 - 100% Grade 5 The above gradation represents the extreme limits which shall determine suitability of aggregate for use from all sources of supply. The aggre- gates as fi-nally selected for use in the work shall have a gradation within the limits designated in 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. DS 7 3o CONSTRUCTION METHODS: The area to be surfaced shall be cleaned of dirt, dust or other de- leterious matter by sweeping'or other approved methods~ ~I'f 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 join't shall be cut across existing asphaltic pavement adjoining the area to be surfaced and the excess asphaltic'~avement~ between the~-new joint and the completed base shall be removed. The joint shalt~be cut with a ro- tary saw or such other device which will cut a uniform, straight and sharp joint° Materials and rates of application shat~ be as follows: First Course Asphalt, AC-5, applied at the rate of-0.S0'gailon 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, AC-5, applied~at the rate of 0.65 gation per aquare yard, or as directed by the En'gineer. Aggregate, Type B, Grade 3, applied at the rate of one cubic yard per 100 square yards or as directed by the Engineer. Third Course Asphalt, AC-5, applied at the rate of~0~od0 gallon per square yard, or as directed by the Engineer. Aggmegate, Type B, Grade 5, applied at the rat.e of one cubic yard per 140 sqmare yards, or as directed by the Engineer. Asphaltic material s~hatl be applied by an~approved type self-pro- pelled pressure distributor so operate~ as to~ distribute the material i~ the quantity specified, evenly and smoothly° ~The Contractor shall provide all necessary facilities for determinin~ the temperature of the asphaltic material in all-of the heating equipment~and in the distribu- tor, for determining the rate at which it'~s applied~and for uniformity at the junction of two distributor loads. Asphalt shall not be heated above 400° Fo at any time, andwhen applied it~shalt be at~a temperature o o of not less than 2~5 ~. and not more than 375 F~ The Engineer will select the temperature ofapplicat$on and the C~ntractor shall apply the asphalt at a temperature within ~5 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. Con- struction joints of successive layers of asphalt shall be offset by at least three (3) feet° DS 8 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 rates specified. After the aggregate-has been applied, it shall be bladed with an approved blade grader and broomed with a heavy drag broom. Where necessary hand brooming and spotting of addi- tional, aggregate shall~berequired to-obtaln'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 thor- oughly 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° Immediately after-t-he final course has been applied and rolled with the flat wheel roller~ it shall be thoroughly rolled.with a self-pro- pelled pneumatic roller such that the roller shall have passed over the entire area of the finished surface not iess than five (5) times~ On the next day succeeding the final application, the entire surface shall be broomedor bladed, spreading any loose aggr'egate-uniform_ly 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 dur- ing 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 sur- face 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 to 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 cor- rected. 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. 5o PAYMENT: Payment for Three Course Surface Treatment-shall be made at the unit price bid per square yard of surface for "Three Course Asphal- tic Surface Treatment" which price shall be full compensation for fum- nishing all materials, freight, hauling, distribu-ting, s~reading, blad- lng, brooming, raking, and rolling as specified including .all equipment, labor, tools and incidentals necessary to complete the work° Item 330 - Cold Mix Limestone Rock Asphalt Pavement (Class A) Paragraph 330°8 is amended to include a pay item to be designated as "Asphaltic Leveling", which payment shallbe for leveling of existing DS - 9 asphaltic surfaces prior to the apPlication",of~.a.,sea%-coat or other type asphaltic surface° Item 340 - Hot Mix Asphaltic Concrete Pavement (Class A) Paragraph 340.1 Description is voided and the-following substituted: GENERAL The asphaltic concrete to be used over the~completed~caliche base shall be an asphaltic mixture of mineral aggregate andasphaltic materi- al uniformly mixed to conform~ to the "Type"~shown one'the Plans conform- ing to Paragraph 340°3. The'~sphalt~ used shallLbe 0A-90~conforming to Item 300, "ASphalts, 0ils and Emulsions". The a~phaltic concrete mixtures shall be-designed by a commercial testing laboratory and certificates shall be furnished 'to show that the mixture conforms to the specifications an~indieating the results of tests made on samples of the mixture. The mixture when designed and tested in accordance with the Standard Specifications and methods out- lined in THD Bulletin C-14, shall have the following laboratory density and stability: Density, percent; Min. 94 Max. 99, Opti'mum 97: Stabil- ~ity, percent; not less than 35. The asphaltic material shall form 6~ tod~percent of-the mixture by weight° The Prime Coat, Tack Coat and Emalsified Asphalt shall be asphaltic cut-back or emulsion conforming to Item 300, "AsPhalts, Oils and Emul- sions'', and shall be suitable'to"insure~a'dherenee-of't-he~sphaltic con- crete 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 tem~ perature 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 entire suP'face in suffic- ient quantit3 to provide the minimum thickness shown on~ the plans after compaction applied at the average rate of material~mix.per square yard shown on the plans. Since it is not desimable to place asphattie~-concPete during cold weather, no asphaltic concrete shallbe~placed~between November 15 and March i except at the risk of the Contractor an~d'with~the permission of the City. In the. event of such application of the asphaltic concrete between said dates, the Contractor shall guarantee ~nd~maintain the com- pleted surface for the period'of one (1) year from the date of comple- tion of the work under this contract. Paragraph 340.7 is voided-and the following 'Substituted: DS- 10 MEASUREMENT Work performed and materials furnished under this Item shall be measured by the square yard complete in place. Paragraph 340.8 [~s voided~and .the folloWing~a'ubstituted:" ~ 'z - PAYMENT Work performed and material furnished as prescribed by this Item and measured as provided above will be paid for at the contract unit price bid for "Hot Mix Asphaltic Surface" of the. types-~specified, which prices shall each be full compensation for furni'shing~ait materials; for all freight involved; for all heating, mixing, hauling, cleaning and ex- isting base course or pavement, placing asphaltic concrete mixture roll- ing and finishing; and for' all manipulations, labor, tools, equipment and incidentals necessary to complete the work, including the tack coat° Ail templates, straightedges, scales and other weighing and measur- ing 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 is considered to be incidental to the work performed in constructing the structure for~which it is required, and no direct pay- ment for "Structumal Excavation" as such will be made; but the cost of such work sha~l be included in the lump sum price bid for the structure for which the excavation is required. These 'costs shall include full compensation for all excavation and backfill including compaction; all soundings; sinking all caissons; constructing all cofferdams, all un- watering, and for furnishing all materials, labor;' equipment, tools, sheathing, bracing, cofferdams~ pumps, drills, explosives, and inciden- tals necessary to complete the work. Item 401 - Excavation and Backfill for Sewers Paragraphs 401.3 an4 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 andno-direct payment for "Sewer Excavation andBackfill" as such will be-made; but the cost of such work shall be included in the contract~unit price bid for the various sizes of "Pipe Sewers". These costs shall include full compen- sation for furnishing allmateriats, ltools~ labor, equipment, sheathing and incidentals necessary to perform the work. Item 420 - Concrete Structures Paragraph 420.26 is voided and ?he following substituted: DS - 11 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 f~r snch~'strme~ure~ and such lump sum price bid shall be fulL~compensation fOr~-'all mater~ts-, equipment, sup- erintendence, labor, tools and incfdental~s neeessaryto complete the work. Item 421 - Concrete for Structure Paragraph 421.~4 is voided and the fo~llow~ng substituted: No direct payment will~'be made for-concrete as'such, but such pay- ment will be included in the payment made for the partioular structure in which the concrete is placed. Such payment shall be full compensa- tion for furnishing, hauling and mixing a~l! concretematerials; placing, curing and finishing all concrete; all grouting and pointing; furnishing and placing all drains and expansion joints; for furnishing and placing metal flashing strips; and for all forms and falsework, labor, tools, equipment and incidentals necessary to complete the work. Item 440 - Reinforcin~ 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 i.n the~payment made for the pamticular structure in which the reinforcement is placed. Such payment shall be full compensation for furnishing, bendim-g, fabricating, welding, tying and placing the reinforcement-for-a~l clips, blocks, met- al spacers, ties, wire or other materials used for fastening reinforce- ment in place, and for all tools, labor', equipment~ and~ncidentals nec- essary to complete the work. Item 464 - Reinforced Concrete Pipe Culverts Paragraph 464.5 .is 'voided and the following substituted: Payment for concrete pipe measured as prescr'i~ed..in~-paragraph 464.4 will be made at the contract~unit price bid-forthe~w~arious sizes of "Reinforced Concrete Pipe" oT the class specified, which--payment shall be full compensation for furnishing and transpo~rting thepipe; the exca- vation and backfill; disposal of surplus excavated material; the excava- tion, hauling and placing of earth cushfon material where required for bedding pipe in rock excavation; the preparation and.shaping of beds; hauling, placing and jointing of pipes;' for en'd~'fini~sh; for moving and reusing headwalls; for all connections to existing-structures and for all other items of materials, labor, equipment, tools and incidentals necessary to complete the culvert or storm sewer~in accordance with 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 "Rein- forced Concrete Pipe" as set forth above. DS - 12 Where pipes are laid On a skew, 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 in Paragraph 465°5, wilt be made-at the unit price-bid, per linear foot for the various sizes of "Pipe sewers'', of the~¢tass specified, complete in place and such pay- ment shall be 'full compensation for furnishing alt concrete materials, reinforcing steel, precast concrete pipe, mortar, and for all other mat- erials~ tools, labor, equipment and incidentals required to perform the excavation, bedding, grading, dewatering, pipe laying and jointing, back- filling and any other applicable work prescribed. Item 470 - Manholes and Inlets Paragraph 470.6 is voided and the following substituted: All-man-holes 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 excava- tion and backfill. Paragraph~470.7, Subsection (7), is amended to include the costs of all excavation and backfilling and of all frames, grates, rings and cov- ers in the unit price bid for the manholes or inlets for which they are required. Item 479 Adjust.ing Manholes and Inlets This Item shall be amended to include the adjustment of water main 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 limits of areas to be paved, to the p~oper grade-s and elevation 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 to protect the valves and boxes and adjust the valve boxes to the pro- per grade. The Owner will furnish valve boxes for all valves which do not have boxes at present. Any valve boxes that are lost or broken dur- ing the process of constructing the street improvements shall be re~ placed 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 thorOmghly tamping dirt around the box, and placing concrete around the box as shown on the plans. DS - 13 tt shall be the Contractor's. reSponsibility to measure the location of all valves at any time the valve boxes.are removed, so that the valves can be relocated when the valve boxes are ready to be reset. Ail valve boxes shall be adjusted to grade prior to final comple- tion of the paving base course, and if any valve boxes are disturbed from proper alignment~or grade during the process of completing the.,pavr lng, they shall be reset to the proper alignment and gra6e before fina~ acceptance of the street improvements. Payment for this w~rk will be made at the contract unit price each, for.-Adjnsting Valve Boxes",which price shall be full compensation for all'~costs of labor, materials, equipment and incidentals necessary to properly adjust the valve boxes to the proper grades, as specified here- in, and in accordance with the details shown on the Plans. Item 496 - Removin~?~d Structures Paragraph 496.4 is voided and the following substituted: This Item is considered to be incidental to the work performed in preparing 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, backfill- ing, and incidentals necessary to complete the work. Item 520 Concrete Curb This Item shall apply as written. Item 522 - Concrete Curb and Gutter Paragraph 522.4 is amended to-include the following: COncrete Valley Gutter will be measured by the square yard,'complete in placec 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. DS - 14 WHEREAS, High Plains Pavers, Inc. submitted their bid in the form of a proposal in words and figures as follows: PROPOSAL FOR STREET IMPROVEMENT November 17, 1977 HONORABLE MAYOR AND CITY COUNCIL PLAINVIEW, TEXAS Gentlemen: The undersigned, as bidder, declares that the only person or parities interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm, or corporation; 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, apparatus, and other items in- cidental to construction, and will do all the work and furnish all materials called for in the Contract and Specifications 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 di- vided into units of construction and that the City of Plainview re- serves the right to delete any unit or units of construction from the project or add additional units to the project as it may deem advis- able 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 project 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 quantities of work included in the combination of all units of construction proposed for the project and that such quantities are intended principally to indicate the possible magnitude of the pro- jec~ and to provide a guide in evaluating bids. Accompanying this proposal is a Certified or Cashier's Check or Bid- der's Bond payabl~ to the CITY OF PLAINVIEW for -( $ ~ ~'~O ~) ~ .t~ i'/) Do l l ars .), or 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 P- 1 within ten (10) days after its acceptance, in which case the bid se- curity shall become the property of the City of Plainview, and shall be considered payment for damages due to delay and other inconvenien- ces 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 fur~ish 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. and Unit 1. 36,650 Lin. Ft. 2. 840 Sq. Yds. 3. 6,600 Sq. Ft. 4. 70 Lin. Ft. 5. 84 Lin. Ft. 6. 6,980 Sq. Yds. Description of Item and Unit Price Total Amount Concrete Curb and Gutter, Complete per linear foot: r,~ ?W~/~>~. ~ Dollars and ?i~z, .~ _~? ~c-yi?z: Cents ($ _~, Concre~ Valley Gutter, Complete peC square yard: Dollars F'{-~,t~ cents ($ Concrete Sidewal k, Complete per square foot: ~,~; ~- Dollars and ?-~'>-.'~,~'~-.~,'T? ,~-/~ Cents ($ / ~-) $ Concrete Retainer, Complete per square yard: ~:'/'(,-A/7- Dolt ars and ~,~ Cents ($ ..~) $ 24" Reinforced Concrete Culvert, Complete ~ ! ~ l...~.~ Dollars and ~:-/f ~ Cents ($/~) $ ~'~ ~ Salvaging and Replacing Base, 6" Thick, complete, including excavation and fill, subgrade preparation, base material in place, and all backfill and grading, per square yard: ~.,~) ,L/~-- Dol 1 ars and ,~c~;~,,:-~,~T~ ,.~:/,z.-'.~'- Cents ($./.'?,b[~) P-2 I tern No. 10. ll. 12. 13. 14. Quantity and Unit Description of Item and Unit Price Total Amount 49,170 Sq. Yds. Compacted Caliche Base, 6" Thick, complete, including excavation and fill, subgrade preparation, base material in place, and all backfill and grading, per square yard: ~©;/~ Dollars and 93 Tons Asphalt Leveling, Complete, per ton: j~.~ y ~-/'~E._Dollars and /~/o Cents ($ ~~a--°) $ ~ 56,200 Sq. Yds. Prime Coat, Complete, -per square yard: Dollars and Cents ($ ~J./~.) 56,200 Sq. Yds. Three Course Asphaltic Surface Treatment, Complete, per square yard: ~[Z~;~- ~ Dollars and .~>×T~ .;~/W~ Cents ($_~) 11,800 Sq. Yds. 23 Each 14 Each 170 Lin. Ft. Seal Coat, Complete, per square yard: ~,m Dollars and 7~/~'~y~TT¥ ?-Dm/'6 Cents ($ Adjusting Valve Boxes, Complete per each: Cents ($ '~J~) Adjusting Manhole, CompleX, per each: ~ ~ ~~r7- Fy~Y~ Dollars and ~ .~f~ - Cents ($~~ Railroad Crossings, Complete, per linear foot: ~ ~/ ~T'/ ~/~ D~llars and ~e, Cents ($ TOTAL AMOUNT OF PROPOSAL: P-3 SUB-CONTRACTORS TO BE USED ON THIS PROJECT ARE: 1. ,.." ~ ,L; ~.~. (If none, 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 and provisions of the contract and to insure and guarantee the work until final completion and acceptance. 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. The undersigned agrees to commence work on each unit of construction within ten (lO) days 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 pos- sible, but in any case no later than June l, 1979. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. TITLE ~/~,~o~'f ~TREET ADDRESS CIl~ AND STATE TELEPHONE NUMBER P-4 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 Plainv±ew, 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: PERFORMANCE BOND STATE OF TEXAS COUNTY OF Hal e KNOW ALL MEN BY THESE PRESENTS: That High Plains Pavers, Inc. of the City of. Plainview County of Hale , and State of Texas , as principal, and Seaboard Surety Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto The City of Plainview (Owner), in the penal sum of ~h.r.ee ~und. red~ _Ninety S_eyen Tho_us_~B~d~_ Dollars ($ 397,873.10 .) ~x~n~ hunt, rea ~eve~v -l-nree ~ Au/A. uO ... for the payment whereof, the said Fnhcipal ana murery nlnu themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 22nd day of November , 1977 , to Construct Street Improvements which contract is hereby referred to and made a part hereof as fully and to the as if copied at length herein. same extent NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, 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 for Public Work) (Article 5472d for Private Work)* of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as ff it were copied at length herein." Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, speci- fications, or drawings accompanying the same, shall in anyway affect its obligation on this *Not applicable for federal work. See '~rhe Miller Act," 40 U.S.C. S270. PB-1 bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instru- ment this. 22nd day of November , 19 77 _. High Plains Pavers, Inc. Principal H.A. Wall, President Title Address_ Box 398 Plainview Texas 79072 Se~oard Surety Company By _ Title B~ll ~. Eaves, Attorn~'-±n-¥ae~ Address. 109 ~ 7th St. Plainview Texas 79072 The name and address of the Resident Agent of Surety is: See Above Right PAYMENT BOND STATE OF TEXAS COUNTY OF_ Hale KNOW ALL MEN BY THESE PRESENTS: That High Plains Pavers, Inc. of the City of Plainview , Texas County of H~le , and State of. ., as principal, and Seaboard Surety Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held The City of Plainview (Owner), and firmly bound unto in the penal sum of Three Hundred Ninety Seven Thousand Dollars ($397,873.10) for the payment whereoE~gt~e sHa~t~ndci~YsuTrhe~eb~dl ~elm0s0elves and their heirs, adminis- trators, executors, successors and assigns~ jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 22nH _day of_ .Nove~-~er , 19 77 , to Construct Street Improvements 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 Princ.~.pal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, 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 and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereumier. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instru- ment this 22nd day of. November , 19 77 _. By Title Address High Plains Pavers, Inc. Principal / H.A. Wall, President Box 398 Plainview Texas 79072 Bill N. Eaves, Attorney-in-Fact- . Title Address 109 W 7th St. Plainview Texas 79072 The name and address of the Resident Agent of Surety is: See Above Right c~ b~ Tex~ Section, ASCE 1971 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PLAINVIEW, TEXAS: SECTION 1: That all matters asserted in the Preamble to this Ordinance are hereby declared to be true and correct. SECTION 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: AGREEMENT STATE OF TEXAS COUNTY OF HALE THIS ^GREEMENT, made and entered into this 22nd day of~_. · A. D. 19 77 , by and between THE CITY OF PLAINVIEW of the County of Hale and acting through d. Robert Wayland, Mayor thereunto duly authorized so to do, Party of the First Part hereinafter termed OWNER, and Hiqh Plains Pavers, In¢,.,.a corporation of the City of Texas Plainview County of Hale and State of , Party of the Second Part, hereinafter termed CONTRACTOR. WlTNESSE~t: That for and in consideration of the payments and agree- ments hereinafter mentioned, to be made and performed by the Party 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: Street Improvements consisting of curbs and gutters, concrete valley gutters, concrete retainers, flexible base, asphaltic wearing surfaces, railroad crossings, culverts, drainage structures, and incidental items required. 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: Wm. R. Hogge,' P.E., City Engineer of the City of Plainview A-1 herein entitled the ENGINEER, each of which has been i. dentified by the endorse- ment of the CONTRACTOR and ENGINEER thereon, together with the CONTRACFOR'S written Proposal, the Special Conditions and the General Conditions of the Agreement, and the Construction Bonds hereto attached; all of ~hich a-re made a part hereof and collectively evidence and constitute the entire contract. The CONTP~CTOR hereby agrees to commence work within ten (10) days after the date written notice to do so shall have been given to him, and to complete same: 1. By the day of , 1.9 2.Within calendar days after the date of written notice to commence work. 3. Other: As soon as i's reasonably' possi'ble~ but ~n any case. no later _ than June 1, 1979. The CONTRACTOR agrees that for each day of delay beyond the time here- in agreed upon for the completion of the work herein specified and contracted for (after due allowance for such extension of time as is provided for under Extension of time as set forth in the Special Conditions and the General Conditions of the Agreement) the Owner may withhold permanently from the Con- tractor's total compensation the sum of 0~e Hundred Dollars ($ 100.00 ) as stipulated liquidated damages for such delay. 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 WItEREOF, the parties to these presents have executed this Agreement in the year and day first above written. ATTEST: ~~ BY: , . . TITLE: M,L,..Rea, Ci:~¥.Clerk PARTY OF THE FIRST PART (OWNER) CITY OF PLAINVIEW TIT[/E: d. Robert Wayland, Mayor PARTY OF THE SECOND PART (CONTRACTOR) ATTEST: BY: BY:~. TITLE: TITLE: High Plains Pavers, Inc. H.A. Wall, President A-2 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. 'SECTION 3: This Ordinance shall be in full force and effect from and after its passage. PASSED AND APPROVED this' ~ day of ~~ %- , 1977. ATTEST: M, L. Rea, City Clerk