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Home My WebLink About79-2361 ordORDINANCE NO. 79-2361 ORDINANCE ASSERTING CORRECTNESS OF PREAMBLE AND DIRECTING THE MAYOR OF THE CITY OF PLAINVIEW, TEXAS, TO EXECUTE CONTRACT WITH HIGH PLAINS PAVERS, INC. , AN'D SPECIFYING THE TERMS THEREOF. WHEREAS, the fol)owing 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 7th day of September 19 79 , and subsequent publication was made on the 14th day of September , 19 79 , said notice as follows, to-wit: NOTICE TO BIDDERS Sealed bids addressed to the Honorable Mayor and City Council of the City of Plainview, Texas, will be received at the office of the City Clerk at the City Hall until lO:O0 A.M., C.D.T., Monday, September'24, 19?g, 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- merits 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.D.T., Mon- day, September 24, 1979. 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 JCity Council reserve the right, as the interest of the City may require, to reject any and all bids and to waive all formalities. 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 Plainview Plainview, Texas WHEREAS, the following specifications and special provisions are appli- cable to and a part of the aforesaid advertisement for sealed proposals for the aforesaid project, to-wit: SPECIAL CONDITIONS I. GENE~AL: 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 Const~Ucti~on of Highlways,,Streets and Bridges adopted by the State.Highway Depart- ment of'Texas, january 3, 1972j and ~he S~ecialI 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 th~ Standard Specifications for Con- Struction of Highways, Streets and Bridges adopted by the State High- way Department of Texas, January 3,'1972. II. SCOPE OF WORK: The work set out in the Proposal .shall be located within the,City limits of the City of Plainview, Texas, and shall consist of the fur- nishing of all 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'~hall be'd'ivided'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. III. WORK QUANTITIES AND BID PRICES: The individUal items and quantities as listed in the Proposal are for the entire project consisting of the combination of all units of construction proPosed for the project and such quantities are used to indicate the~possible'magnitude of ~he project and to provide a guide in evaluating bids. The actual final quantitieS of the completed pro- ject may vary considerably from those iind~cated in the Proposal depend- ing upon the number of~units of construction for~which Commence Work Orders are issued. However, the unit prices bid for the various items'inclUdedin the Proposal shall be considered fixed insofar 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 make no claim for damages, an- ticipated profits or otherwise on account oflany differences which may not apply to Payment, of the G amended. ~pply as written or IV. FINANCIAL: The units of construction will be ~ity of Plainview from CommunityDeveloPment Block )al Street Improve- ment Funds. However, the shall levyassessments against the property abutting the streets to:be improved in o~derto recover a Pot, tion of costs of such improvements. Therefore, the Contractor shall permit the City of Plainview suffix' cient time to.accomplish the legal procedures required~for such assesments and to seCure mechanic's lien Contracts which a valid assessment c( lini- tiate the legal proceedings at the ea ~e date )tion of the bids, award of the contra( of property and preparation of the The ted costs for the street improvements to be construc- ect are as follows: fic assessed en- tire cost of such improvements in their rails and tracks, double tracks, turnouts and switches, and two feet on each side thereof. to beim curb and gutter. ~I. In cOnnection with the above at the hearing to be held before special b by shal 1 ~uch abutting exceed it appear enhancement the cost spe? abutting property a lesser amount, not to C. The City of Plainview, after deduction of the sum assessed against' sum ass6sSed Ra' ag an( ragraph (B) above, shall of said~' improvements. SC-2 The City of Plainview reserves the right.to'.delete frOm~ the project any unit or units of construction and t;o add to the project additional units of construction.~ Additional u~its ofconstruction shall'not ~n- crease the project by more than~25% and shall involve only bid items in- cluded in the Proposal. The~Contractor shall agree to accept for con- struction the~unit or units of construction which the City of Plainview may elect to designate. V. PERFORMANCE AND PAYMENT BONDS: The Contractor will'be requiredlto furnish a Perf6rmance Bond and a Payment Bond,.each in the amount of 100% of the Total Contract Price, written~by a responsible Surety Comp6ny authorized to do business in the State of Texas'and satisfactory to the Owner, as required by' Article 5160 of the Revised Civil Statutes of Texas as amended by ~cts of the 56th Legislature Regular Session, 1959. VI. 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 be6n obtained and approved. B. Compensation Insurance The Contractor shall maintain suth insurance~as ~will protect the Contractor, the Owner and the Engineer from Claims U~der Workmen's Com- pensation"Acts, and any amendments thereof, and from any other claims for damages from personal.injury, including death, which may arise frQm operations under this Agreement~ whether such operations be by-himself or by any Subcontractor, or ~nyOne directly or indirectly employed by ,either of.them. Certificate of. such insurance shall be filed with ~he 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 and Property Damage Insurance as wit.1 protect~him an~ any Subcontractor performing work covered by this con, tract, from claims for damages for personal injury, including acciden- tal death, as well as frbm claims for proper~y 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 $300,000 for injuries, ~ncluding accidental death~to any one person, in an amount not less than $400,000 per occurance. Property Damage Insurance in an amount not less than $100,000. SC-3 The Certificate of Insurance as pro shall be completed by the Bidder and subm form furnished above th the executed contract. VII. 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, ref~ effective April 3, 1962, Eab°r and material mu: :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 trueand correct to the best of our knowledge. CONTRACTOR BY: ' '' ADDRESS The above information shall be filled in by the successful bidder after award of the contract and before contract is signed. SC-4 VIII~ CONTRACTOR'S COMPLIANCE WITH GOVERNMENTAL REGULATIONS: A. GENERAL This project is to be constructed in cooperation wit~ the U. S. Department of HoUsing and Urban Development through the ~ommunity De- velopment Block Grant PrOgram, Title 1, Housing and Community Develop- ment,Act of 1974~ Thecohtractor to whom the contract is awarded shall comply with all applicabl,e State Laws, City Ordinances,, rules and regula= tions of the U. S. Department of Housing and~Urban Development and all other Federal Agencies or Aut~hoYities concerned and s~me.shall be deemed to b6 included in the contract as though herein written out in full. The contractor shall comply with such laWs, ordinances, rules and regulations which inclUde, but are not limited, to th~ following: 1. Title VI of the'Civil Rights,ct of 19~64 (P.~. 88-352); Title VIII of the Civil Rights Act of 1968 (P,L. 90-284); Section 3 of the HUD Act of 1968; Executive Order 11246; Executive Order 11063'; Section 109 of the Housing and Community Development~Act of 1974; Sec- tion 402 of the Vietnam Era Veterans.Adjustment Assistance Act of 1974 (P.L. 93-508); Section 503 of the Rehabilitation Act of 1973; the non- segregated facilities requirements; and HUD Regulations. 2. Davis-Bacon Act, as ~mended (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 Regiulations, Section 1518, as pub- l~ished in ~he ~Federal Register", Volume 36, No. 75, Saturday, April 17, 1971. 4. Federal Water Pollution Control Act, as amended 1972. (P.L~ 92-500); Executive Orders11738 .... 5. Copeland~Anti-K~ckback Act;-Begulations of the Secretary of Uabor (29 CFR, Part 3). 6., ~Hatch Act (Chapter 15, Title 5, United States Code). 7. Clean A~r,-Act of 1963 (P.L~ 88-206), and amendments 1965~ 1966, 1967 and 1970 (P.L. 91-604) ~ ~ 8. Noise Control Act of 1972 (P;L. 92-574) HUD Regulations 1390~2. ge (P.L, 93.291); 665). Archeological and Historic.Freservati~on Act of ~1974 Executive Order 11592; Historic Presemvation (P.L. 89- 10. Accessibility of Phy~ically~Handicapped Persons to Public Buildings Act of 1968 (P.L. 90-480),:and applicable State Law. 11. Section V. Recruitment procedures of the Affirmative Action Plan of the City of Plainview. SC-5 The contractor shall includeall the above requirements in all subcon- tracts relating to this project. B.. .~QUALEMPLOYMENT OPPORTUNITY REQUIREMENTS 1. Nondiscrimination Provisions During the performance of:thiscontract, the contractor agrees as fol- lows: a. The contractor will 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 appli- cants are employed, and that employees are treated during employment with- out'regardt~ their race, color, religion, sex, or, national origin. Such action shall include, but not be limited to the following: employment, up- grading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation:; and selection: for training, including aPl ). The contractor agrees to post in conspicuous places:avai ,loy- ment, notices:to be provided setting fomth the provisions of this nond ~crim- ination clause. b. The contractor will, in all solicitations or advertisements for employees placedlby or on behalf of the contractor, state that qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. c. Thecontractor will send to each labor unionor representative of workers with.which he has a Collective bargaining agreement or other con- tract 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 employment. d. The contractor will comply~with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and re- levant orders of the Secretary of Labor. e. The contractor will furnish all information and reports re- quired by Executive Order 11246of September 24, 1965, and by rules, re- gulations and orders of the Secretary'of Labor, or pursuant ~hereto, and will permit access to his books, records, and accounts by the administer- ing agency and the Secretary of Labor for purposesof investigation to as, certain compliance with such rules, regulations and orders. f. In the event of the contractor's noncompliance with the non- discrimination clauses of this contract or with any of the said rules, re- gulations or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for fur- ther GOvernment contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 19651, and sUch other' sanCtions may be imposed and remedies invoked as provided in Exe~cutive O~der 11246 of ~eptember 24, 1965, or by rule, re- gulation or order of the Secreta'ry of!~l~a'bor~or~ ~S iOtl~w'~se'~rovided by g. The contractor wi~:ll include~the~portion Of the sentence im- mediately preceding paragraph (a) and the provisions of paragraphs~ (a) through (g) in~very~ subcontract or Purchase Order, unless exempted, b~ rules, regulations, or Orders of the ~Secret6ry of Labor issued Pursuant to SeCt~bn 204 of Executive Order 11246 ~of September 24,. 1965, so that such provisions will be binding upon each subcontractor or vendor. The con- tractor Will take such action wi. th respect to any subcontract or purchase order, as the administering agency mas direct as a means of enforcing such provisions, including saDctions for noncompliance: 'Provided, however, that ~in t~e event-a contra'ctor ~ecome~s involved, or is threatened with, i~igation with a subcontractor or vendor as a r~Sul~'°f such direction bY the a~minis%er~ng agency, the contraCtor may request the United States to enter into.Such litiga~ion' to pdotect~ the interests or'the United States. 2. '"SECTION 3" COMPLIANCE IN THE PROVISION OF 'TRAINING, EMPLOYMENT AND BUSINESS OPPORTUNITIES: a. General: (1) Requires in all federally assisted contracts that oppor- tunitieslfor t~aining and~employment arising in conneetion with the plan- ning and carrying out of any federally aSsisted project be given to lower- income persons residing in~ the local political jurisdiction and that work lin connection with the project be awarded to business concerns which are located in, er~ owned ~n a substantial part by, persons residing in the City of P!ainView to the greatest extent feasible. (2)~A Written Sect'ion 3~ Plan must be prepared by the contract- or as part of his bid, if the contract exceeds $10,0'00. ,(a) The contractor shall designate a ~esponsible official to.monitor all employment related activity to ensure that the company EEO policy is being~carried Out, to submit reports relating' to the provisions hereof as may 6e required by the Government~and tO keeP records. 'Records shall at least;include fob each employee the name',~address, telephone num- bers,~construction trade, union affiliation if any~ employee identification number when assigned, social secbrity number, race, sex, status (e.g., mech- anic,-apprentice trainee, helper, or laborer)~ dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locatiOns at which the work was performed. Records shall be~'main,~a~ned in an easily un- derstandable and retr~evable form, however, ~o the degree that existing re- cords satisfy this requirement, contractors shall not be required to main- rain separate records. '. b. Every cont,'aCt or agreement for a grant, .loan, subsidy, or other,;direct financial: assistance in aid of housing,~Qrban planning, devel- opment, redevelopment,: or renewail, public or Community facilities,"and new SG~7 - ~ community development, entered into by the Department of Housing and Urban.~ Development with respect to a section 3 CoverEd project shall contain pro== visions requiring the applicant or recipient to carry out the provisions of Section~3, the ~egulations set forth i~ this part, and any applicable rules and orders of the Department issued thereunder prior to approval of its ap- plicati.on for assistance for a section 3 covered project. c:. Every applicant, recipient, contracting party, contractor, and subcontractor shall i~corpor~te' o~ cause to be inCorpora~ed~in all :ts the followi ause (2) ~The work to be performed un ~.jeC~ irect F~ financial ass ~artment of Hot ~nd ~Urb~ ) the requiremen section 3 and Urban Development 1968 that to the g op~ training and employmentbe given lower income residents of the work in connection with the ~ct be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project, The parties to this contract will comply with the pro- visions of said section 3 and the regulations issued pursuant Development set forth (3) (4) parties to thi they are under no contractual or ot pre- vent them fromcomplying with these requirements. The contractor will send to each labOr organization or representative of workerswith which he has a collective bargaining agreement o~ other contract or understanding, if any, a notice organization or. workers' representative his commitments under this section ~3 clause a post copies of the notice in conspicuous places ava :oemployees and applicants for employment or training. The contractor will include this section 3 clause in every subcontract for work in. connection wi~h the pro- ject and will, at the direction of the applicant fOr or recipient of Federal financial assistance take ap- propriate action to the subcontract upona finding that is in violation of re- gulations is~ of Housing and Urban Devel.opment, 24 CFR Part~135. Thecontractor will not subcontract with any subcontractor where it has notice SC~8 or knowledge that the latter has been found in viola- tion of regulations under 24 CRF Part 135 and will not let 'any ~bcontract unless the subcontractor has first ?:~'pr~vided]~ with a preliminary statement of ability to ~omPly with the requirements of these regulations. Minority Employees and,Subcontractors (1) Recruitment ~ , The Contractor shall make a special effort to seek out and employ minority, appli.cants. ~ If subcQntlractors are to-be utilized in cOn- struction of the project, the contraCto~r shall make ~ special effort to loCate and solicit minority subcontractors'to bid for.the subcontracts. Such :recruil~ent of minority~ employee a~plic~nts and minoritY Subcontract- ors s~OUld utilize every means~ possiOle and sho~.di~cl~e.~s~,~gs as: (a) Word of mouth advertising through contacts with church pastors and other group leadems 'in minority communities and by encouragin§ present employees to talk to friends,, neighbors, relatives and others, letting them know that minority applicants and subcontractors are wel come. (b) Written and personal contact with various minority organizations, chambers of commerce, Texas Employment Commission, the Small Business Administration and othe~rs informing them of ~he availability of jiob and contract opportUnities and requestSng na~es of minor, ity applicants and subcontractors. ' . ~ · (c) Use of posters amid signs placed:in public places in minority communities advertising availab~lityOf job an'd contract opportunities. (d) Use of advertisements in community newspapers.. e. Monthl~~ M, inori.t~ Business Partioipaltion ReportI . · ~ The pr~imel cont'ractor is reSponSible to report all contracts of $10,000 or more awarded to minority owned firms ~or profession'- als during the construction phas~ or Preconstruction.~' Attachment III-- Monthly Minority Owned Business Or Professionals Part~icipation Report in contract activities is to. be sub,mitte(t as soon as any~ contract for $10,000 or more is awarded to minority firms or professions. If no contracts are awarded during the month to minority 6Wd~d firms or p~Ofessionais, the report is'not required. It must~be submitted no later ~than the tenth day of the following month for each month of construction and until construction is completed. ~,, Monthl~ M~hpowe~ Ut,ilization Re~ort .... Optionat'Fo~m '66 Thais report must be subn~itted by,the prime contract- or and all the subcontractors who have contracts of $10,000 or more. SC-9 Submissions are to be made from the subcontractors to the prime contractor ~'f who is responsible for preparing the final concise report and forwarding it to the'Dallas Area Office. Through the course of construction, the Optional 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 disre- garded, 3. SECTION 402: AFFIRMATIVE ACTION FOR DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA a. The contractor will not discriminate against any employee or applicant for employment because he or she is a disabled veteran or veteran of the Vietnam e~a in regard to any'position for which the employee or appli- cant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified dis- abled veterans and veterans of the Vietn? era without discrimination based upon their disability or veteran status in all employment practices such as the following: Employment upgrading, demotion, or transfer, recruitment, advertising, layoff or termination,] rates of pay or other forms of compen- sation, and Selection for training, including apprenticeship. b. The contractor agrees that all suitable employmentopen~ngs of the contractor which exist at the time of the execution of this contract and those which occur during the his contract, including those not generated by thi establishment of the contractor other than the one is being performed but excluding those affiliates, shall be listed at an of employment service system wherein pening occurs. Thecontractor fur- ther agrees to provide such reports to such local office regarding employ- ment openings and hires as may be required, State and local government agencies holding Federal contracts of $10,000 or more shall also list all their suitable openings with the ap- propriate office of the State employmentservice, but are not required to provide those reports set forth in paragraphs (d) and (e). ing the acceptance of referrals of employment openings does not applicant or from any particular in is intended to relieve the rive Orders or regulations regarding ~nd nonveterans. The listing hiring of any particular job applicants, andnothing~here- inExecu? scrimina d. The reports required by paragraph (b) of this clause shall include, but not be limited to, vhich shall be filed at least quarterly with the approF , orwhere the contract- or has more than one hiring location in a State, with the central office of that State employment service. Such reports shall indicate for each hiring location {1) the number ofindividuals hired during the reporting SC-lO period, (2) the.number of nond~sabled veterans of the Vietnam era hired; (3) .the number of disabled veterans of the Vietnam er~ hired, and (4) the total number of disabled veterans hired~ The reports~shOuld incl~d~ covered veterans hired for on-the-job training under. 38 U.S.C. 1787. The contractor shall submit a report within 30 days after the.end of each re- porting period wherein'any performance is made on this contract identify- ing data for each hiring ~o~ation, The contractor sh'all maintain, at-eaCh hiring location copies of the reports submitted.~until the expiration-of one ~ear a~ter,final payment under the contract, during which time'th~e reports and rel~ted~documentation shall be made available, upon request~ for examination by any authorized representatives~of~the contracting of- ficer or of the Secretary of Labor. DocumentatiOn would include person- nel ~ecord$ respecting,job openings,~recruitmentand placement. ' e. Whenever the contractor becomes contractually boundto the listing provisions of this clause, it sh~ll advise the employment service system in each State where it has establishments of the name and location of each hiring location in the State. As long as the'contractor is. con- tractually bound to these provisions-and has'so advised the State system, there is no need to advise the State system of subsequent contracts. The contractor may advise the State system when it is no longer bound by this contract clause. . f. This clause does not a~ply to ~he listing of employment open- ings which occur and are filled outside of the 50 StQtes, th~ District of Columbia," Puerto Rico, Guam and the Virgin. I~lands. g. The provisions of.paragraphs b,~c, d,,and e Of this clause do not apply tq ~op6nings~ which the contractor proposes to fill ifrom with-. in his own organization or to fill pursuant tQ a 'cuQtomafy and traditional employer-union hiring arrangement. This exclusion does not apply to-a par- ticular op~ping once an employer decides to consider applicants outsideof his own organization or employer-union .arrangement for.that opening. ~h. As used in'this clause; (1) "All suitable emplo~nent openings" includes, but is not limited to, openings which occur~in the following job categories: Production~ and nonproduotion; plantand office; laborers and mechanics; supervisory and nonsupervisory; technical~ and executive, administrative, and professional openings compensated on'a salary basis of less than $25,~00per year. This term~ includes full-time employment, temporary em- ployment of more than~3days' dUration, and part-time emp)oyment. It does not include openings which the contractor proposes to ~fill from within his own organization or to fill pursuant to a Customary'aDd traditional employ- er, unionhiring arrangement nor openings in an educational institution which are restricted to students of that institution. Under the mO~t Co~L elling 'circumstances a~.employment opening may not be suitable fo'r list~ ng,~including such situations wherelthe n6eds o~ the Government~cannot reasonably be otherwise Supplied, whQre listing would be c6ntrary to nation- al security,, or where the requirement of listing ~wouid otherwise~not be for the best interest of the §overnment~ SC-11 (2) "Appropriate office of the State employment service sys- tem'' means the local officeof the Federal-State national system of.public employment offices with'assigned responsibility for serving the area where the employment opening to be filled, including the District of Columbia, Guam, Puerto Rico, and the Virgin Islands. (3) "Openings which the contractor proposes to fill from ~ within his own organization." means employment openings for which no consid- eration will'be given to persons outside the co~tractor's organization (in- (4) "Openings which the contractor proposes to fill pursu- ant to a customary and traditional employer-union hrin~ arrangement" means employment openings which the contractor proposes to fill from union halls, which is part of the customary and traditional hiring relat~onshipwhich exists between the contractor and representatives of his employees. i. The contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the act. j. In the event of the contractor's noncompliance with the re? quirements of this clause, actions for noncompliance may be taken in accord- ance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the act. k. The contractor agrees to post in conspicuous places, avail- able to employees and applicants for employment, notices in a form robe prescribed by the Director, provided by or through the contracting officer. Such notice shall state the contractor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled veterans and veterans, of the Vietnam era for employment, and the rights of applicants and employees. l. The contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the contractor is bound by the terms of the Vietnam Era Veterans Readjustment Assistance Act, and is committed to take affirmative action to employ and advance in employment qualified disabled~ veterans and veterans of the Vietnam Era. m. The contractor will include the provisions of thisclause in every subcontract or purchase order of $10,000 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to the Act, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respeCt to any'subcon- tract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce suCh provisions, including action for non-compliance. SC-12 ~. sE__cTION,' 503: AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS SectiOn 503 of the Rehabilitation Act .of '1973 requires affirmative action for handicapped workers in federallY-assisted '~ontrac~s exceeding $2~500, including Small Cities contracts. Required is a commttment~that the c~ntractor will not discriminate against any~employee 'or applicant for emPloyment because of physical o~ mental handicapl, in~regard to an~ position l~or whiCh the ~mployee oral,applicant fOr ~employme~t is~quali.'fied~ ' C__~.. ,LABOR STANDARDS CONTRACT PROVISIONS 1. Minimum Wages a, All ~echanics and laborems empToyed ~r Working upon the site of the work~ or under the UnitedlStates HOusing 'Act of 1937 or under the Housing Act of 1949 in the constructi6n or development of the project, will be paid unconditionally and not less often than once a week, and with- out subsequent deductions or rebate on any account (except such payroll de- ductions as are permitted by regulations issued by t~e Secretary of Labor under the Copeland Act - 29 CFR Part 3), th~ full amoumts due at time of payment computed~at wage.rates not less than those contained ,in the wage determination decision of the SecretarY of Labor which is attached hereto and made a,part hereof, regardless of, any contracturat ~elationship whiCh may be alleged to exist between the cOntractor and such laborers and me- chanics; and the~wage determination decision shall be posted by the.con- tractor at the site of the work in a prominent place where it can easily be seen by the workers. For the'~p~pose~gf this clause, ~contributions made or costs]reqs:°nablyanticipated~underSe~$6~ t (~b)~i2),of~the~iQavis,Bacon Act on'behalfof la6orers or mechanics, sO,bject t~ ~h~ provision$~of 29 CFR 4.4 (a) (i) (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 per~iod, are~deemed ~to be~con- Structively~made or incurred during such weekly period.- b. The contracting officer ~shall require that any class of labor- ers or mechanic, s which 'is, not' listed ,in the, wage deter~iination and~which is to be employed under the ~contract. shall, be classified or reclassified con- formably to the wage determination, and a report of the action taken shall be sent by~the Federal Agency to the ~Secretary of Labor. In the event the interested parties cannot agree ~on the proper classi~fiCation or reclassi- fication of a particUlar 61ass of la~or~rs and mechanics to be used, the question accompanied by the recommendation o'f the contr, acting officer shall be referred to~ the Secretary for final determinations. c. The contracting officer ~shall requime,.~whenever the, minimum wage 'rate preser:ibed in the contract 'for a class of laborers or mechanics includes a fringe benefit which is not expressed as ;an ,hourly wage rate and ~he contractor is obligated ito pa,'Y a ~ash equivalent of such a fr~ing.e - 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 de- termination. d. If the contractor does not make payments to a trus other third person, he may consider as part of the wages or mechanic the amount of any costs reasonably anticipated in providing ~enefits under a plan or program of a tYpe expressly listed in the wage determination decision of the SecretarY~f Labor which is a part of this contract: provided~ howevers the Secretary of Labor has found, upon the written request of the c:ontractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding The Federal Agency may withhold or cause to be withheld from the con- tractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics employed by the contractor orany subcontractor on the work the full amJ)untof wages required by the con- tract. In the event of failure to pay any laborer or mechanic employed or working on the site of the work, e UnitedStates Housing Act of 1937 or Under the Housing Act of in the construction or devel- opment of the project, allor part of the wages required by the contract, the after written notice to the contractor, sponsor, appli- cant or take such action as may be necessary to cause the suspen- sion iof any further payment, advance, or guarantee or' funds untilsu~h violations have ceased. 3. Payrolls and Basic Records a. Payrolls and basic records relating thmreto.will be ma~ntained~dur- ing the course of the work,nd years there- after for all laborers and mechanics working at the site work, or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project. Such records will ~contain the name.and address of such employee, his correct classifi- costs reasonably anticipated in prov' a plan or prow gram described in Secti°n I (b) ( ~vis-Bacon Act, the con- tractor shall maintain records which show that the con~ni~ent to provide such benefits is enforceable, that the or program is financially re, sponsi.ble, and that the plan to the laborers or mechanics affected and the costs anticipated or the actual cost incurred in providing such benefits. SC-14 b. The contractor will submit, weekly a copy of all payrolls to the Federal Agency ii~ the agency is party to the contract, but if the agency is nOt such a Party the contractor will submit the payrolls to the appli? .cant, sponsor, ~or owner, as the case may be fOr the transmission to the Federal Agency. The copy shall be accompanied by a statement signed by the employer or his agent indicating that' the payrolls` are correct and com- plete, that the wage rates contained therein are noti'~less 'tha'n those deter- mined by the Secretary of Labor and that the classifications set f~rth for each laborer or mechanic conform with the work he performed. A submission of a "Weekly Statement of Compliance"~which is required under this contract and the Copeland regulations of the Secretary of Labor (29 C~R Part 3) a~d the filing~with the initial payroll of any subsequent payroll' of a copy of anj¢ findings by the Secretary of Labor under 29 CFR 5.5 (a) (t) (iv) shall satisfy this requirement. The prime contractor shall~ be responsible for the submission of copieS.of payrollS of all 's~bcontraCtors. The contract- or will make the records required under the labor standards clauses of the contract available for ~inspection by authorized representatives of the Federal Agency~and the Department of Labor, and will permit such represen- tatives ~o int~rview~employees during: working hours on the job. 4. Apprentices Apprentices will be permitted to work as such only when they are re- gistered, individually, under a bona fide apprenticeship program regi~ter- ed 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 program registered with the Bureau of Apprenticeship and~ Training, Un&ted Sta~es Department of Labor~. ~' The allowable~ ratio of apprentices to journeymen ~n any craft:class~- fication shall not be greater, than the ratio permitted to the contractor~as to his entire work force under the registered ,progra~.'.Any employee listed on a payroll at an apprentice wage rate, who is~not registered as' above, shall be paid the wage rate determined b~ the Secretary of Labor for the classification of work he actually performed. The contractoY or subcon-' tractor wil~be required to fur~ish to the contracting officer written evidence of the registration of his programand apprentices as well as of the appropriate ratio~ and wage rates., ~r the area Of constmuction prior. to using any apprentices on the'contract work. 5. Compliance with Copeland Regulations (29 CFR~Part 3) The contractor shall~comply with the Copeland Regulations (29 CFR Part 3) 6f the S~cretary of La~or which are herein inCorporated by refer- ence~ 6. Subcontracts , The co~troc~or will iQ~Q~t, in any subcontracts-.the clauses contained in 29 CFR'5.5 (a) (1) throqgh~(5) andi(7) and such other clauses~as the Federal Agency may by appropriate instructiqns require) and also a clause SC-15 requiring the subcontracts which they may enter into, together with a clause requiring the insertiOn in an~ further subcontracts that may in turn bemade. 7. Contract Termination-Debarment A breach of clauses i through 6 may be grounds for termination of ~ the contract, and for debarment as provided in 29 CFR 5.6. D. NONSEGREGATED FACILITIES The contractor or subcontractor will ensure that all facilities and vacy between the sexes. E. ACCESS TO RECORDS The City of Plainview, the U. S. Department of Housing and Urban De-~ velopment, the Comptroller General of the United States, or any or.their duly authorized representatives, shall 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, exam- ination, excerpts, and transcriptions, F. VIOLATIONS 1. Violations of the Copeland Act by contractors could 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 requisite statenmnt of compliance could result in prosecution under the False Information, Act 18 U.S.C. 1001, 18 U.S.C. 1020, or 31U.S.C, '231. The making ~of false statements i$ a felony. 2. Violations of the Contract Work Hours and Safety Standards Act make the contractor and any subcontractor responsible and liable for unpaid wages and for liquidated damages to the United States in the sum of $10 per man per day for each violation. Intentional violations are a Federal misdemeanor, punishable for each and every offense by a fine of not more than $1,000 or by imprisonmentfor 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 suspension of the project payments until such time as the violations are discontin- ued or until sufficient funds are withheld to compensate employees for the wages to which they are entitled. Violations may also result in con, tract termination, suspension, or debarment of the contractor or subcon- tractor. 4. Debarment recommendations pursuant to 29 CFR Part 516 shall be made by the appropriate HUDArea Office Director accompanied by sub- stantiating material and~forwarded to the Regional Administrator, Attention SC-16 Labo~ Relations Officer'for review. In turn, subject recommendations W~th comment shall be referred ~to the Assistant to ,the Secretary of Labor Relations for review and ~submi'ssion to the Depa'rtment of Labor for appropriate action. G. DESIGNATION OF SUBCONTRACTORS In the event any portions of this contract are to be sublet, subcon- tractors shall be designated. Experience records, equipment and other in- formation required from the contractor shall be made available concerning the subcontractors. All subcontractors shall be eligi,bleas set forth in Item No. H , Verification of ~Contractor Eligibility, of these special con- ditions. The 'contractor shall agree to enter into a Written contract with ~ach subcontractor which contract shall include ,all the clauses, state- ments and requirements set forth for such in Item No. VII~, C~ntractor's Compliance with Government Regulations, of these Special Conditions. H.. VERIFICATION OF CONTRACTOR ELIGIBILITY The City of Plainview shall ver.ify With the HUD Area Office the cur- rent eligibility status of all contractors and subcontractors to be used on any construction prior to award of contract. The HUD Area Office will utilize the current Consolidated List of Debarred, Suspended, and Inelig- ible Contractors and. Grantees for this purpose and the Comptroller Gener- al's Consolidated List of Persons or Firms Currently Debarred for viola- tions of Various Public Contracts Acts Incorporating Labor Standards Pro- visions.. No contractor nor subcontractor declared to be ineligible by the HUD Area Office shall submit a bid on the project and no contract shall be awarded to any contractor or subcontractor which the HUD Area Office declareS to be ineligibl~. Each'bidder shall furnish (1) an executed Certification of Bidder Re- garding Equal Employment Opportunity form '(HUD-4238-CD-1) and (2) an exe- cuted Con~ract6r's CertifiCation Concerning~Labor Standards and Prevail- ing Wage Requirements form (HUD-1421) and if portion of Wor~ is subcon~ tracted (3) Certification of PropoSed Subcontract6r Regarding Equal Em- ployment Opportunity form~(HUD-4238-CD-2) and (4) Subcontractor's Certi- fication Concerning Labor'Standards and Prevailing Wage Requirements form (HUD-1422). ~ SAFE~Y STANDARDS AND ACCIDENT PREVENTION: With respect to all work performed un~er this contract, the contract- or shall (i) comply with the safety standards provisions of appliCable laws, building and construction codes and the "Manual of Accident Preven- tion in Construction" published by the Associated General Contractors of America, the requirements of th~ OccUpational Safety and Health Act of 1970 (Public Law 91-596), and the requi~rements of Title 29 of the Code of Federal Regulations, .Section 1518 as published in the "Federal Register", SC-17 Volume 36, No. 75, Saturday, April 17, 1971; (2) exercise every precaution' at all times for the prevention of accidents and the protection of persons (including employees) and property; (3) maintain at his office or other ~ well known Place at the job site, all articles necessary for giving first aid to. the injured, and shall make standing arrangements for the immediate removal to a hospital or a doctor's care of persons (inclUding employees), who may be injured on the job site. In no case shall employees be permitt- ed to work at a job site before the employer hasmade a standing arrange- ment for removal of injured persons toa hOspital or a doctor's care. j.. PRECONSTRUCTION CONFERENCE. Prior to the issuanceof a Commence Work Order, a Preconstruction Con- ference shall be conducted by the City of Plainview and shall include the Engineer, the contractor, all available subcontractors and such other per- sons as may be deemed advisable to have in attendance. The conference agen- · iI da shall include such items as (.j the work, (2) each party's responsibility in the execution of the ~ ]3) the coordination of activ- ities of those in t~heexecution of the work, (4) the re- sponsibilit ions of the various parties regarding the labor standards and other regulations contained in the Special Conditions, and such other subject as may be pertinent to the construction of the project. SC-18 IX. ORDER AND PROSECUTION OF THE WORK: Since this work is to be divided into individuallunits of construc- tion, the'order of such work and the commencement of sUCh work' shall be determined for each individual unit~of construction. The contractor shall commence work on a unit of construction only upon written direction to do so from the Engineer. Commence Work Or- dews for u~its of construction shall be given only after all legal pro- ceedings and mechanic's'~lien agreement signups have been accomplished. The Contractor Shall commence work within,ten days after the written no- tice 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 unrea- sonable 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 residential driveways, and any other operations shall be performed ne- cessary to provide for a reasonable flow of traffic. However, if in the judgement of the Engineer and in accordance with conditions~set forth in the Specifications, it is necessary to close the street, traffic on said street shall be prohibited. X. _DAT. EOF COMPLETION AND PENALTY: Since thi~ is an assessment project requiring certain legal proce- dures, thus making commencement dates of the various units of construc- tion uncertain, and since three course asphaltic surface treatment can- not. be applied between September 30 and April 1, no t~me of'completion is specified for any particular unit of construction. H°weVe~, the con- traCtor s~hall commence work on each unit of construction.within ten (10) days after written notice to do so has been given to him and shall com- Plete the Work on which he has.commenced a~ soon as is reas6nably pos- In any case, the contractor shall agrqe to complete al) work for which Commence Work. Orders have been given 'no later t. han October 1, 1980, and shall agree that for each calendar day of delay beyond that date, the City of Piainview may withhold permanently ~from the contractor's total compensation the sum of One Hundred Dollars ($100), as stipulated liqui- dated damages for such d~lay. XI. NOTICES TO THE CONTRACTOR: The contmactor agrees that Notices concerning %his project sent to him at thi ' ~ shall~c°nstitute Due No- SC-19 FINANCIAL STATEMENT EXPERIENCE RECORD AND EQUIPMENT SCHEDULE: In order to provide the City Council with information relative to the responsibility of the bidders and their ability to finance and con- struct the project, each of the,three low bidders will be required to fur- nish a sworn statement of his finanCial condition and such other informa- tion as may be requested, relative to his financial responsibility, ex- ,p:erience and equipment. Suchrequest will be made after the bidS have' been opened and the three low bidders determined. XIII. EXCAVATED SOIL TO REMAIN CITY PRO?ERTy: All excavated soil in excess of that required to construct the sub- grade and embankments for the street improvements shown on the plans shall be and remain the property of the City of Plainview. The contractor shall remove such excavated soil from id dispose of same at the City of Plainview Municipal Land' .Joliet Street in Plainview, Texas. Excess excavated soil shall be placed within the land- fill site as directed by the Engineer. Item 110 (2.), Subgrade Construction,'on of the Detailed Specifications for Street improvements is hereby , that excess material shall be and remain the property Of ~inview. All other provisions of said Item 110 (2.) shall remain as set forth. XIV. MATERIALS FOR CONSTRUCTION: A. Base Material It shall be the responsibility of the contractor to obtain a source for suitable base material. B. Embankment Material The contractor may use material excavated from other portions of the project for embankment material so (cavated material is of suitable quality for embankment row from other sources shown on the plans may also be used bankment material. Embankment material obtained from playa lake areas shall be excavated in accordance with park development plans and contract- or 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 the City of Plainview ordinances. C. Water The water used in performing the work shall be furnished by the con- tractor at his own expense and shall not be taken from'any fire hydrant SC-20 of the City of Plainview unless by written permission of the City Manager. All water required shall be considered incidental to'the work and'no com- pensation 'for water as such shall be paid. D. Other Materials Other materials used in-the work shall be as specified. Test re- ports showing sufficient information to indicate that aggregates meet specifications shall be furnished prior to use for approval of source. Certified mill tests on each car of cement shall be fUrnished. Certified plant tests and Certificates of Compliance with each shipment shall be furnished for all asphaltic materials. XV. PRE_PARING RIGHT OF WAY: The right-of-way for construction shall~ be cleared in accordance with Items 102, 104, and 496, of the Si:andard Specifications and shall ~nclude the removal of all existing obstructions except those designated to remain in place on the Plans or as directed by the Engineer. The contractor shall take all necessary precautions to protect from damage existing improvements designated to remain in place. Any such im- provements which may be damaged by the contractor or his subcontractor or their employees shall be replaced without cost of the City of Plainview. Street and railroad traffic signs, warning signs and structures which must be moved in order to permit the construction shall be moved by the 'City of PlainvieW and the railroad~companies. The contractor shall be 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 otherwi~se permitted by its controlling, authority. Alll trees within five (5) feet of the back of th~ proposed curb and gutter shall be removed-unless desi§nated to remain in place. All culverts within the right-of-way shall be removed unless other- wise directed by the City Engineer. Culverts shall be removed with care so as to preserve as much of the pipe as possible. Culvert pipe s~lvaged shall be the property of the City of Plainview, or the Property Owner from whose entrance it ~as removed. The con~ractor shall dispose of all removed culver~ pipe which is not reusable. Preparing of right, Of-way shall be considered incidental to the work and~no payment will be made for the ~leari~ng of right~of-way and the re.. movat of any existing obstructions. The contractor shall inspect the site of the work prior to presenting~his proposal to ascertain the conditions and obstructions which will be encountered in the course of the construc- tion operations and include the costs of clearing and removSng same in the various unit prices bid fOr the work. SC~21 XVI. PROTECTION OF UTILITY MAINS: In the event gas, water or other utility mains and valves, manholes, meters and Other appurtenances are encountered on the project, each shall be protected against damage until such has been lowered or moved to accomo- date the project or, if behind the proposed curb, protected until comple- tion of the project. All utility adjustment required but not indicated as a bid item shall be made by the owner of such utility. XVII. 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 un- paved 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 fromstorm sewer out- lets 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 thework and nodirect 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. XVIII. CONCRETE PAVEMENT: The materials furnished under this item shall conform to Item 364, Concrete Pavement (Class '~A" Concrete) as set forth in the Standard Speci- fications and shall include alt street paving slabs except concrete valley gutters and. their adjoini:§ radii slabs. Concrete pavement shall be of the thickness shown on the plans and shall be reinforced with No. 3 bars laid on 12" centers both ways unless otherwise shown on the plans. Payment for this item shall include the furnishing, hauling and plac- ing of sand for the 1" laye~r below the slab and all costs for the furnish- ing, hauling and placing of such sand shall be included in the unit price bid for "Concrete Pavement (Class "A" Concrete)". No payment shall be m~e for excavation, fill and subgrade prepara- tion associated with Concrete Pavement and all costs for such shall be in- cluded in the unit price bid for "Concrete Pavement (Class "A" Concrete)". XIX. RAILROAD CROSSINGS: The contractor shall furnish all labor, materials, and equipment and do all the work required to ~onstruct 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. SC-22 After~ the .railroad company has complet6d its work, the contrac- tor shall shape ~nd .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 'adjadent thereto or as directed by the Engineer. After the concrete retainer has sufficiently cured, the con- tractor slhall clean all ballast and dirt from above the ties and.shall then construct the crossing. ~ .The flange rail shall be constructed of structural steel an- gles in accordance with detail~ shown on the plans. The welding of clip angles to the angle forming the flange~ra~l shall be don~e in,the field so that the leg of the flange rail angle'is level with~the ~¢~ rail. After the flange rail has ~en fastened, and welded in place, the cement mortar shall be placed filling the space under the flange rail. The mortar shall be allowed to cure properly, then any remaining ballast, dirt and debris shall be removed to the level of the tops of the ties and between the concrete retainers and the base course of hot mix ~$phaltic concrete shall be laid. The asphaltic~concrete shall comply with Item 340-Hot Mix Asphaltic Concrete PaVement (Class A) in the Detailed Specifications for Street~Imp~ovements and the Standard Specifications. The base course shall be Type B and the surface course shall be Type C. The base course shall be placed in two equal lifts, each thoroughly compacted by tamping with mechanical tampers and rollers. The material shall be raked and screeded as it is placed to a final depth 1 1/2 inches beloW the level of the tops of the flange rails. The surface course of Type C' material shall be placed to a compacted level even with the tops of .the flange rail~. All asphaltic concrete shall be handled and placed in conformance with the provisions of said Item 340. Coordination with the railroad companies is of utmost im- portance in the proper and timely installation of the railroad crossings. The contractor shall notify the railroad cOmpanies prior to commencement of the project, providing them,with his proposed schedule of construction and shall again notify the railroad companies at least seventy-two (72) hours prior to the commencement of any phase of the work which involves work on the railroad crossings in order that they may have representatives present should they desire'to do so. ~ Each railroad crossing shall be measured along the center- lq'ne of the railroad track from the back-of-curb line to the back-of-curb line across the stree.t improvement. No measurement nor any payment will be allowed for installations beyond the bac~-of-curb lines. Payment for the work perfomed and materials furnished as pre- scribed by this item and measured as set forth above will be paid for at SC-23 the unit price bid for "Railroad Crossings", which price shall be full com- pensation for furnishing crossing materials, freight involved; for all shaping and compacting of subgrade, cleaning of ties, hauling and install- ing crossing flange rail materials, haUling, placing, finishing and compact- ing of cement grout and hot mix asphaltic concrete, disposal of all waste materials; and for all manipulations, labor, tools, equipment and inci- dentals necessary to complete the work except reinforced concrete retainer which Will be measured and paid for separately. Hot mix asphaltic concrete used for railroad crossings shall be considered a part of such ;i included for pay- ment in bid item"Hot Mix As forth in Item 340 of the Detailed Specifications for StreE and the Standard Speci- fications. XX. PROTECTION OF LANDSCAPING AND OTHER.PROPERTY: Thecontractor shall exercise every precaution in order to prevent injury' tO any trees, shrubs, plants, lawns, and other property lying out- side the limits of the proposed Work. Anysuch damage or injury shall be paid for by the contractor without cost to the owner or the City of Plainview. XXI WATCHMEN, WARNING SIGNS, BARRICADES AND FLARES: The contractor shall furnish and maintain all necessary watchmen, warn- ing signs, barricades, and flares for the proper protection to the work and the public. N° portion of the work where a dangerous condition exists shall be left without adequate warnings and protection. XXII. 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 gov- ern for the revised quantities. XXIII. CLEANUP: After completion of the project, the site of the work shall be thor- oughly cleaned of all excess materials, debris and construction equipment. The finished work and the adjacent area upon which the contractor was re- quired to pass in the execution of the work shall be left in a neat condi- tion 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-24 6500.3 U. S. Department of Housing and Urban-Development Community ~evelopment Block Gx~nt PrOgram FEDERAL T~A~OR STAND~D~ PROVISIONS 1. APPLIaABILITY The Project or Program to which ~e work covered by this Contract pertains iS being assisted by the United States of America and the followin&~ Feders/ I~bor Standa~s Provisions a~e i~cluded in this Contract pursuant' to the provisions applicable to such Federal assist- ance · All laborers a~d mechanics employed upon t~e work covered by this Contract shall be paid unoond/tio~lly and not less often than ~E~ce each week,~ and without subsequent deduction or rebate on any account (except.such pair. c11 ~eduotions as ams made mandatory by law an~ such other payroll deductions as ams permitted by the applicable regula- tions issued by the Secretary of Laborl,. Uflit.ed States Depamtment of.' LabOr, pUl~uant to., the Anti-Kickback Act hereinafter identified), the full amount due at time of: payment computed at Wage rates not less than 'those contained in the wage dete~ ~ai~nation decision of said secretaxT of ,Labor (a copy of which is attached and herein incorporated by ~eference), regardless of any contx~otual relationship which may be alleged'to exist between the Contractor or an7 subcontrautor an~ such laborers and mechanics. All laborers smd meohani, cs employed upon such wox~_' shall be pa/din cash, except tha~ payment ma~ be by oheok if the employe~r provides or secures satisfactory fa~ilities approved by,he Local Public Agency or Public Bod~ for the cashing of %he same without cost ,or expense to the employee. ~or ~he purpose of this clause, contributions Ba~e or oost~ rea~ouably antioiP~te~ un~er seotio~. ~ (2) of the D~vis-~acon Act on behalf of laborers or mechanics ~ consiae~ed wages pa/d to such laborers or mechanics, subject to the pro=i ions of SeCtion of £tle code of edsra Regulations. Also' for the ~ of ~u~s clause, regulam contribu- ticks made or costs In ~Ourred for more than a we~kly period under plans, funds, or progx~ms, but covering ~me~ p~m~icUla~, weekl~ period, are deemed }o .be constxuctivelY made 'o~ incmm~ed during such weekly period. 3. ~A~ERPA~TS OF WAGES, OR SALARIES .. of by the by ~ooon~c~o~ ~o la~ or ~O~cs ~lO~d'~by t~ Cont~tor or ~bco~r~tor u~ ,t~ wO~ co~a by~ ~ Confer, t~ ~ ~blic ~ncy or, ~tio ~ ~ ~tion to ~oh o~er ~i~s ~ ~ be ~fo~- ed it ~Ser ~s C~tr~/ a~l :wi~o]Ld-~m the Cont~tor; out of ~ p~ts ~e ~e C~ctor, so ~oh the~of ~ the ~c~ ~lic HUD-Wash., D. C~ ~t i4 Agency or Public Body may consider necessary mechanics the full 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 Oontractor or the (as may be appropriate), to the respectS'ye laborers, or mechanics whom the same ~is due or on their behalf t¢ ftmds, or ; prescribed applicable wage. 4- ANTICIPATED COSTS OF FRINGE ~RNEFITE If the Contractor does not ,~ke third person, he may consider as mechanic the amount fringebenefi%sunder or part tact: Provided, found, ~ written s Davis-Bacon set a .trustee or other wages of any laborer or anticipated in providing tYl~e expressly li. sted in of the Secretary of Labor which i's a however, The Secretary of Labor has that p~ogram. -A copy of to fringe benefits the Local Public pay~ll filed by the Contracto~ Lpt of the findings. ' HOURS AND SAFETY U.S.C., Sections 327- subcontractor inclUd/mgwatChmen and guards, ~equire or mechanic in an~ he excess of 8 in suchwo=kweek ~er or not less than~onS and one-half paF hours worked in excess of 8 hours in any calendar day or in excess of hO houms in such workweek, as the 6ase ma~be. . In the event of any the Contractor 'and any li~ such C, and for liquidated damages. respect:to each individual of the clause set forthin · In addition, to the United States shall he computed wi~h violations ),' in the. sum of 1110 for each calendar day on which such employee was requi~ed or permitted to work Exhibit 14 in excess of 8 hours or in excess of the standara workweek of 40 hours without payment of th~ overtime wages required by the clause set forth · (c) ~;ithholdi~..~ for liquidated dsa~es~ The Local Public Agency or Public Bod~ shall withhold or cause %o be'withheld, from any .moneys pa~vable on account of work performed by the 0ontractor or subcontractor, such sums as may ~m~nistratively be determined to,be necessary to satis:~' ar~y liabilities of such 0ontraotor or subOontractor for liqui- dated .damages as p~ovided in the clause, set' forth in paragraph (b). (d) Subcontracts. The 0ontractor shall insert in any subcontracts the closes set'~ f6rth in paragraphs (a), ~(b), and (o) of this Section and ~lso a clause ~equiring the subc°ntrAotors to include these clauses in any lower tier subcontracts 'which they may enter' into, together with a~ clause requiring this insertion in sz~ further subcontracts that may in tuxn ~e ma~e. a.. Apprenticgs will be peZmitted to work at less than the prede- temmined rate for the work-th~y performe~d when they are em- ployed and ind/viduall~ registered in a bona fide apprentice- ship pro~ ~g%~am registered with the U. S. Depsmtment of Labor, Manpower Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his first 90 da~s of probationary employment as a~ apprentice bm, such an apprenticeship program, who is. not ind/vi~,~-~ly registered in the progm-am, but who has been certified by the Bumeau of Apprenticeship and Training or ~ State Apprenticeship Agency (where appropriate) to be : e~ligible for probationary employment as an apprentice.. The . allowable ratio of apprentices to journeymen in any.'craf% classm- fication shall not be greater than the ratio permittea to the contractor as to his entire work force unaer the~ registered progTam. ~Any employee listed on a ps,troll at an apprentice wage rate, 'who is not a tr_-inee as defined in sU-bd/viSion (b) of this subparagz~ph or is not registered or otherwise employed as stated above, shall be pai,t the wage rate dete~ned, by the Secretar~ of Labor for the cl~assifioation of wo~rk he actually perfozmed. ~The contractor ,or' subcontractor will be i-required ~o Page 3 of 13 9/75 6500. ~ i 3 Emhibit 14 Ce ~sh to the contracting officer or a representative of. the Wage-Hour Division of the U. S. Department of LabOr' written evidence of the registration of his as well as ~age rates in . s), for the area of constr~ction ; any apprentices on the contract work. rate paid apprentices shall be not less than of the journeyman's rate contained in wage de%erm~uation. they are employed pursuant to and approval, Department of Labor, Manpower Administration, Bureau of Appren- tice and Training. The ratio of trainees to journeymen shall not be greater than permitted under the plan approved by the Bureau of Ap~renticeship trainee must be paid at not less than the rate specified pro- ~ for his level of progress, employee listed on the payroll at a trainee rate who ~nd partici- be determined the Se( work The of of Apprentice- than the wage rate for the classification Of subcontractor ~ officer or a repre- the U. S. Department of program, ios and wag~ event the Bureau approval cfa train- be permitted to approved. work program is The ut£1ization of apprentices, s and journeymen under:this part shall be inconformity with the equal employment opportunity requirements of Executive Ox~ler 112~6, as amended,~ and 29 C~RPart 30. Page 4'of 13 9/75 7. ~2~?LOYMENT OF CERTAIN PERSONS PROHIBITED EXhibit 14 No Person under the age of sLxteen years and no person who, at the time, is 'serving sentence in a penal or Correctional institution, shall be emplOYed on the work covered by this Contract. 8. REGULATIONS PURSUANT TO SO-CALT.~n~ "ANTI-KICKBACK ACT" The 'Contractor shall comply with the applicable ~egalations (a. copy of ~hich'is ~ttached ~and herein incorporated by reference) of the Secretax~ of Labor, United States Department of Labor, made .pursuant to the so-called "Anti-Kickback Act" of June 13, 1934 (~8 Stat~ 9~8:62 Stat. 862; Title U.S.C., SeCtion 87~: and Title 40 U.S.C., Section 276c), and any 'a~.ena~ents or modifications thereof, shall cause app~opriate p~ovisions robe ~inse~ted ~in subcontracts to insure compliance therewith 9. E~PLOYMENT 0F LABORERS OR MECWANIOS NOT LISTED~ IN AFORESAID WAGE- ]~TERMINATION DECISION Any class of iaborer~ or mechanics which is not listed in the wage determ~tion andill ~hich iS to be emplo~ +y+.~.~ under the Contract will be claSsi.fied or reciASsifie~ c°nforma~l] t© the wage'determlUation by the Local Public Agency or Public ~pdy, an$ a report~of the action taken Shall be Submitted by the Local Public; Agency or PUblic 'Body, throu~ the Secretary of~Hodsing .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 mechanics to be used, the question accomp~anied by the recomme~ndation of the Local Public Agency or Public Body shall be referred, thro~ugh the S~oretary of Hous~ and Urban Development, to the Secretary of Labor. for finaI determination. 10. ~iNGE BENEFITS NOT EXPRESSED AS HOURLY WAGE HATES The~ Local Public Agency or~ Public; Body shall require, whenever the m~nimum .wage rate prescribed i~ the Contract for a class of 'laborers or is not expressed as an ho~umly wage to pay Ca~sh'equiva!ent of .su~oh a fringe benefit, an hourly cash equivalent thereof to be eStablished~' In the event the interested .parties c~_uot 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 refer~ed'; th~ the Secretary of Housl_'~g and Urban Development, to the Secretaz~.~ of · Labor ~for determination. Pa~_~ §. of HIJ~-Wc.~., D.C. !. 11. ~it 14 laborers and mechanics employed and to be employed UPon. the work covered by this Contract, and a statement showing all. deductions, if any, in accordance with the ~PrOvisions of this Contract, to be made from wages actually earned by persons so employed or to be employed in such classi- fications, shall be posted at ~p~ropriate conspicuous points at the site of the work. 12. CO~P~,. PROOFINGS, OR TESTIMONY ~Y ~}YPLOYEES or in cable under this Contract to his employer. to whom the~wage, or other labor be discharged or az~ any complaint or instiCUted testified or is about to to the labor stan~.~ds appli- 13, 0LAIH~.AN~DISTUTE~.PERTAININGT0 WAGE RATES Cl~.~m~ anddisputes of laborers and mechanics shall Public ~ United respect t~ereto.. or to classifications covered by this Contract ~ontractor in w~itingto the Local throu~the to the Secretary of Labor, decision shall be final with ]34. ~ QUESTION~ OONOERN~ 0ERTAiN FEDERAL ~TATUTES AND REG~U~ATIONS All questions relate to the application .dAn%i-Eickback Act, (b) Standards Act, (o) the aforesaid Davis-l~oonAct, (4) the regulations issued by theSecretary of Labor, United States Department of Labor, pur~t to said Acts, or (c) the labor ~tatute, shall be referred and the to the Secretary of Labor, for said-Secretary's appropriate authoritative and maybe relied upon PA3~O?.?R A~D ]~SIC PAYROLL ~OI{DS OF CO~I~ACTOR AND SUBC~CTO~ on. foxme, satisfaoto~to and .~,, aocox~lance with instruo%ions to be The Contractor and each subContracto~ shall p~epax, e his payrOlls Pacj~ 6 ~ 13 9/T~ ~it 14 shed by the LooaI Public Agency or Public Body. The Contractor shall submit weekly to the LocaI, Public Agency or Public Body two certified'! copies Of all payrolls of the Contractor and of the subcon- tractors, it being understood that-the Contractor shall be ~esponsible for the submission of copies of payrolls of all subcontractors.~ Each such. payroll shall 6ontain the 'Weekly Statement Of Compliauce" set. forth in Section 3~3 of Title 29, Code.of Federal Regulations~ The payrolls mud basic payroll ~ecords of the Contractor and each-subcon- tractor covering all laborers and mechanics employed upon the WOrk covered by this Contract shall be maintaiued du~ing the course 'of the work and preserved for a period Of 3 yea~s thereafter. Such payrolls and basic payroll recox~s shall contain the name dud address of each such employee, his correct classification, rate of pay (inclu~ding rates of co~n~ibutions or costs anticipated of the types~ described in Section l(b)(2) of the' Davis-Bacon Aot),~ dailylaud weekly' number of hours worked, deduct[o?s made, a~ act~ wa~S paidl ~In. addi%i0n, whenever' ithe Secretary o~ Labor has found u~der Secti°n 5.5(a)(1)(iv)'of Title 29, Oode~of Fede~alRegulationS, that the wages of any~ laborer o~ mechnnic include 'the amount of any costs reasonably anticipated in p~oviding benefits 'Under a plan orprogram, 8escribed in Section l(b)(2)(S), of the DaVis'B~con Act, the contractor or subcontractor Sha~ 11 ~4~t~'~n ~eCO~ds which show that the oomm~%men% to p~ovide such benefits is enforceable, that ~he~ Plan'or p~ogram iS financially responsible, .and that~ the plan or program has been~ commurnfcatedi in writing to the laborers or mechanics affected, :and zeco~l$ which show' the costs anticipated or th cost ~~.~ d in providing Such benefits. The Contractor and~ each subcontractor shaI1 make his employment records wit~ ~spect to 'persons employed 'bY him upon~ the work covered bY this contract available inspection by 'aUthorized' representatives' of the Secretary ~of Housing and Urban Development, the Local Public Agency or Public Body, and the United States I~partment of Labor. Such representatives shall be permitted interview~employees of the Contractor or of any subcontractor du~ing working 'hours on the job. 16. SPECIFIC COVERAGE OF CERTAIN TYPE.q OF WORK BY ~2~PLOYEES The transporting of materials and supplies to or from the site of the Project or Program. to which this Contract pert ~a/ns by the employees of the COntractor or of any subcontractor, and the manufacturing or furnis~ of materials, articles, supplies, or equipment on ~he site of the P~oject or Pro~ t~ which this Contract pertains by Persons employed ~y the Contractor or by any Subcontractor,~ shall,~ for the purposes of this Con~ract, .and without l~m~ti~g the generality of the foregoing'provision~ of this Contract, be deemed to,be work t~$ Which these ~edeFal Labo~ Stan~ Provisions a~e applicable. The Contractor sh~__~l not subcontx~ct' any part of 'the .work coVe~ed by this Contract or permit subcomtracted work to be fa~ther subcontracted .... Page 7 ~ 13 9/75 {~ 6500.3 1 ' Exh/bit, 14 without the Local PUblic AgenoY's or Public BOCl~B prior written approval of the subcont~c%or. The Local Public Agency or Public Body wall not approve ~ subcontractor for ~rk cove~d by this Contr~t who is at the tib~ ineligible ~der the provisions of any a~plicable ~gutAtions issued by the Se0retary of Labor, united States DepOt of Labor or the Sec~tarY of Housing an~ Urb~ Development, to recei~ an award of such subcontract. 18. ~OV~siO~ TO ~ ~Lm~D ~ CE~N S~SCO~C~S The{ co, ring. any of %~e .wo~ cove~d by Confer, provi- sions Which are consistent with these ~ederal Labor Standards Provisions a~ alcoa , such i~. ~ enter into a ol~e f~rther subcontracts 19. ~EAOH OF. FORE2~II~ FEDEI~t-~ STANDAEDS PROFISION~ In addition to the o~see he,in elmewhe~ set forth Public ~eserves the ri~irt ~o' Contractor or a~v whose subcontract c~ an~ co~d by th~s of these Federal Standards Provisions. A b~a~h of these PrOvisions m~y also be g~ds for debarment '~ p~vided by by the, Secretary of Labor, United Page 8 of 13 9/75 6500.3 F~b/bit 14 ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS SO,CALLED "ANTI-KICKBACK ACT" AND REGULATIONS PROMULGATED PURSUANT THERETO BY THE SECRETAI~¥ OF LABOR. UNITED STATES DF~'ARTMENT OF LABOR TITLE 18, U.S.C., section 874 (Replaces section 1 of the Act of June 13, 1934 (48 Stat. 948, 40 U.S.C., sec. 276b).p~'suant to the Act of.lime 25, 1948, 62 Stat. 862) KICKBACK3 FROM PUItLi~ WORKS EMPLOYEES . Whoever, by force, intimidetio% or threat of pmc. uring dismi~al from employment, or by any otl~er manner whatso- eve~ induces any per~o ~n employed in the construction, p. rosecution, completion o~ repair of any public rbu~, puhiie Work, or ]~uilding or work financed in whole or in part by loans or grants from the United States to give uo a~v ~ of the corn- ]? n orion to Which he is ~ntitled under his contract of emplo ~ment, Shall be fined not more than $5,000 orim~ned not more than five years, or both. SECTION 2'*OF THE ACT OF JUNE 13, 1934, AS AMENDED (485tat. 948, 62 Stat. 862, 63 Stat. 108, 72 Sl~t. 9~67~ 40 U~.C.,.~e¢. 276c) The Secretary of Labor shall make reaaonable regulatiol~ for Contraetora and subContractOrs engaged in the construction. proa~ct~tion, co:repletion or repair of public buildings, public works or boilding~ or works financed in whole or in part hy loans or grants from the Uni~d States, in¢lfiding a pro~ion that each contractor and subcontractOr shall furnish weekly a statement with respect to the wages.paid each employee during the preceding week. Section t00I of Title 18 (United States Code) shall apply to such statements. Pursuant to tl~e ~oresaid Anti-Kickback Act, the Seeretazy of Labor, Unite~ States Department el Labor, baa promul- gated the regulations hereinafter set forth, which regulations are found in Title ~9, Subtitle A, Code of Federal Regulations, Part ~. The term ,this part," aa used in the regulations hereinafter set forth, refer~ tbPart a last above mentioned. Said reg- elations are aa followa: · TITLE 2'9 -- LABOR Subtitle A - Office of the secretary of Labor IPART 3--CONTRACI~ORS AND SUBCONTRACTORS ON [RIBLIC BUILDING OR PUBLIC WORK FINANCED WHOLE O~ 1N PART BY LOANS OR~ GRANTS FROM THE UNITED STATES Section 3.1 Purpose and scope. This part preser/bea "~nti-kicklmck~ regulati0m under ~*Oioa 20g thc Act of June 1~, 19~4, m mended (40 U~.C. 276~), popularly known aa the Col~land Act. Thi~ p~ applies tO any contra~t which is ml~ect to Fed&el ~ge gmd~rde and which is for thc eonsmiefion, prosecution, completion, or rel~ir of public buildings, public wodc~ or buildin~ oe financed in whole or in pm by loam or granta from the United States. The lm~ is intended to ~id in the enfme~ment of the mini~mum wage l~ovi~o~ of the Dnvi~B~on Act and the v~rious statutes deaiing with Federally-~dated e~n~ruefion that contain similar minimum wnge ~ovision~, including tho~ Wovisions which are ~ot subject to R~rganianfioa Plan No..14 I HUD-Wnsh,~ D.C. Pa~e, 9 of 13 9/"75 6500.3 ! ~hibit 14 (e.g., the C~llege Housing Act of 1950, the Federal Water Poll~ Control Act, and the Hou~'mg Act of 1959), and in the enforcement of the ov~ime provisions of the Contract Work Hou~ Stander~ ,Act whenever they are applicable to construction work. The part detaile the obligation of contractors and subcontractors relative to the weekly submlseion of statements regard- lng the wage~ paid On work covered thereby;sets forth the circumstances and procedures governing the making of payroll de- dnetions from the wages,of those employed on such work; and delineates the methods of payment permissible on such work. Section 3.2 Definitions. As used in the regulations in this part: . ' (a) ~fhe t~rms "building" or "work"generally include coh,.~ruction a~tivity as disti~hed from manufacturing, furnishing of materials~'or servici'ng and maintenance work. The'terms inc~ds, without limitation, buildings, structures, and improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power- -iines~ pumping stations, railways, airportS, terminals, docks, piers, whm'ves, wa~s, lightho .u~es, buoys, jetties, breakwaters, levees, and canals: dredging, shoring, scaffolding, drilling, blasting, excavating, clearing, and landscaping. Unless conducted in connection with and at the site of such a building or work as is described in the foregoing sentence, the manufacture or fttrnish- ing of materials, articles, supplies, or equipment (whether or not a Federal or State agency acquires tide tO such materials," - articles, supplies, or equipment during the. coume of the manufacture or fm, uishi~g, .or owns the materials from which they are manufactured 0r ~orniSh. ed) is not a "building" or "work" within the meaningo[ the regulatinns in this'part. (b) The terms "construction," "prosecution," "completion," or "repair" mean all t~pes of work done on a particular building or. work at the site theTcof, including, without limitation, altering, remodeling, painting and decorating, the transport- ing o{ mi~terials and supplies to or from thc building or work by the cmployees.~f the construction c~ntractor or construction subeontrector, and the manufacturing or furnishing of materials, articles, supplies, or cqmpment on thc site of the building or work, i~y persons employed at the site bY the contractor or subcontractor, (c) The terms "public building'` or "public Work" include building or work [or who~ construction, pcosecotion, com- pletion, or repeir~ as defined above, a F~lcral agency iea contracting party, regardless of whether title thereof is in a Fedesal agency. (d) The term "building or work financed in whole or in part.by loans or grants from the United States" includes build- ing or work for whose construction, prosecution, completion, or repair, as defined above, payment or part payment is made directly or indirectly from funds provided by loans or grants by a Fedees~! agency. The term does not include building or..work for which Federal a~istance is limited solely to loan guarantees or irmurance. ~ . (e) Every person paid by a contractor or subcontractor in any manner for his labor in the construction, prosegution~ · completion, or repair of a public building or public work or building or work financed in whole or in part by loans or grants from the United States is "employed" and receiving "wages," regardless of any contractual relationship alleged to exist between him and the real employer, (f) The term "any affiliated person" includes a spouse, child, parent, or other close relative of the contractor or sub- contractor; a partnes or officer of the contractor or subcontractor: a corporation closely connected with the contractor or subenntractor as parent,~ subsidiary or other(vise, and an officer or agent of such corporatmn. (g) The term "Federal agency" means the United States, the District of Columbia, and all executive depactmen~s, in- dependent establishments, administrative agencies, and instrumentalities of the United States knd of the District of Columbik, including corporations, all or substantially all of the ~tock of which is beneficially owned by the United States, by the District of Columbia, or a~y of the foregoing de~ments, establishments,agencies, and instrumentalities: Section 3.3 Weekly stateinent with respect to payment Of wages~ (a) As used in this section, the term "employee" shall not apply to persons in classifications higher than that of laborer or mechanic and those who are the immediate supervisors of such employees. HUD~/=shn D.C, pac~ 10 o~ ~3 9/75 6500. E~hibit 14 (b) Each contractor or snbcontractor engaged in thc construction, prosecution, completion, or repair of any pul)lie building or pnblic work, or building or work financed in whcfle or in part by loans or grants from the United States, shall furnish each week a ~tatcmcot with respect to thc wages paid each of its employees engaged on'work covered by 29 CFR Parts 3 and 5 during the precedhlg weekly payroll period. This statement shall he execrated by the contractor or subcon- tractor or by an authorized officer or employee of. the contractor nr subcootracior w ho supervis~es thc paymeot 6f wages, and shall be on form WH 348, "Statement of Comldiancc', or on an identical form on the hack of WI! 347~ "Payroll (For Con- tractors Opt]mini Use)" or on any form with identical wording. Sample copies of WH 34? and Wll 348 may be obtained from 0(e Government contracting or sponsoring agency, and copies Of these forms may he purchased at the Government Printing Office. (c) The requirements of this section shall not apply to any contract of $2,000 or less. ' (d) Upon a written finding by tile ]scad of a Federal agency, the Sccreta/y of Labor may providexeas~nable limitations, variations, tolerances, dod exemptions from the requirements o[ this sectiou subject to such conditions as thc Secretary of Labor may spec. if),. [29 FAt. 95, Jan. 4, 1964, as amended at 33 F.R. !0186, Jnly 17, 19681 Secti6n 3.4 Submission of weekly statements and tl~e preservation attd inspection of weekly payroll records. (a) Each weekly statcmcot required nnder § 3.3 shall be delivered by thc contractor or subcontractor, within seven days after the regnlar paymcot date of tile payroll pcrkld, to a reprc..~utativc of a Federal or Sta~ site of thc building or w0~, ~, if thc~ h no ~pr~cotative of a Fed~ or State agency at the ~te of fhe building ~ work, the statement sh~l he mailed by the ~ntractor or snb~n~ctor, within such time, to a Feder~ or State agency ~n~aetlng for or financing thc buRdlng or work .: Aft~e such ex~ination and check ~ may be made, ~ch statement, or a copy thereof, shall be kept available, or ~all ~ transmitted together with a re~rt of ~y vlolaion, in ac~dan~ with applic~le procedn~s ~r~cribed by the United States Dcpaament of (b) Each contractor or subcontractor 'shall preserve Ilia/w~'ckly pa) roll records for a period of three )'cars from date of comitieS]on of tile contract. Tbe payroll ~cords si;all scs on! accurately sod comph.tely the name and.address of each lahorer and mechanic, his correct classification, rate of pa)', daily and ~ cekty number of hones sorked, deductkms mode. and actual wages paid, Such payrul! records sisal] be made ava]Ia]dc at all times for inslmetion by the contracting officer or his anthorized representative, and by authorized representative.of thc Department of Labor. Section 3~5 Payroll deductions permissible without application to or approval of tim Secretary of Labor. Deductions made under thc circumstances or in the s/Suasions described in tim paragraphs of this;Section ma)' be made without application to and approval of the Secr~tar)' of Labca-: * (a) Any deduction made in compliance with the requiremcots of Federal. State, or local law, such as Federal or State wit h~lding income taxds' and Federal social sec~irity taxes. (h) Any deduction of sums la-exiousi} paid to thc employee as a huns fide prepayment of wages when such prcpaymeut is made without discount or interest. A "bolts fide prepayment of wages" is considered to have beess made only when ea>h or its equivalent has bt'co advanced to tt~¢ person employed in such manner as to give him comldetefrendom of disposition of tim advanced lands. (c) An) dcduclioo of amgunts required by court process to be paid to another, unless thededuction is in favor of'the contractor, subcontractor or ms)' affiliated pcr~ou, or when collusion or collaboration exists. HUI~-W?ag., D.C~ (d) Any;deduct/on constituting s contvibufi~m on behalf of the person cmploye~] to ftmds established by the employer or representatives of employeeS, or both. for the prupose of providing either from princil~d or income, or both, medical or hospital care, pensions or anm6ties on retirement~ death benefits, compeneation for injuries, illness~ accidents, sickness, or disai~llty, or for insurance to provide any of the forela)ing, or unemployment benefits, vacation pay, savings accounts, or similar payments for the benefit of employer, s, their families and dependents: Provided, hou~ver. That the following standards are met: (1):The deductkm is not otherwise prohibited by law: (2) it is either: (i) Voluntarily consented to by the employee in writing and in advance of the period in which the work is to be done and such consent ts not a condition either for the obtaining of or for the continuation of employment, or (ii) provided for in a bona fide collective bargaining,~agreement be- tween the contractor or subcontractor and representstiws of it~ employees: (3) no profit or other benefit is otherwise obtained. directly or indirectl7 by the contractor or subcontractor or any ~fi|iated person in the form of commission, dividend, or otherwise; and (4) the deductions ~hall serve the convenience and interest Of thc employee, (e) Any deduction cOntribnting toward the purchase of [!nited States Defen~ ~tamps and Fonds when voluntarily authorized by the employee. (f) Any deduction requested by the employee to enable him to repay loans, to o~ to purchase shares_ in credit unions organiz~i and operated in accordance With Federal and State credit union statute~ (g) Any dedUction ,,~oluntarily authorized by the employee for the making of contributions to governmental or quasi- governmental agencies, such as the American Red Cross. (h) Any ~leduction vobantartly authorized by the employe~' for the making of c~utr[butions to Communlt? Chests United Givers Fund~ and'gimillar charitable organizations, (i) Any deductions to pay regular union initiation fees and membership dues~ not includin~ fines or special assessments: Provided, however, That a~collective bargaining agre!ement between the contractor or subcontractor and representatives of its employees provides for such deductions and the deductions are not otherwise prohibited by law. (j) Any deduction not more than for the "reachable cost"of board, lodging, or other facilities meeting the require- ments of section 3(m) of the Fair Labor Standards Act of 193~, as amended, and Part 53 ! of this title, When such a deduction is made the additional records required under § 516.27 (a) of this title shall he kept. Section 3.6 Payroll deductions permissible with the approval of the Secretary of Labor. Any Contractor or subcontractor ma), apply to the Secretary of [,abor for permission to make any deduction not per- mitred under § 3.5. The Secretary may grant permission whenever he finds that: (a) The contractor, subcontractor, or any affiliated person does not make a prof t or benefit directly or indirectly from the deduction ~ithei' in t.he form of a commission, dividend, or otherwise: (b) The deduction is not otherwise prohibited by law; (c) Th~ deduction is either (1) volunt~ily consented to by thc employee in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtainihg of employment or it~ continuance, or (2) provided for in a bona fide collective bargaining agreement between thc contractor or subcontractor and representatives of its employees; and (d) The deduction serves the convenience and interest of the employee. IlI II i i I HUD-Wash., Page 12 of 13 9/75 6500.3 F~hibit 14 Section 3.7 Applications for the approval of the Secretary of Labor. Any application for the making of payroll deductious under § 3.6 shall co~nply wit!t the requirements prescribed iu thc following para~aphs of this section: (a) The application shall be in writing and shall he addressed to thc Secretary of l,abor. (b) The appliealion shall identify the e~0ntract or coutracts under which the work in question is to be performed. Per- mi,~sion will be given for deductions only on specific, ideutiSed contracts, except upon a showing of exceptional circumstances. (c) The application shall state affirmatively that then'~ is compliance with tile standards ~e~. forth in the provisioos of § 3.6. The affirmation shall be accompanied by a full statement of the facts indicating such compliance. (d) The application shall include s de~ription of the propo.~ed dcductioo, thc l,urpo~ to be served thereby, and the classes of laborers or mechanics from whose wages the proposed deduction would he made. (e) The application shall state the name and business of any third per.-~on to whom any funds obtained from the pro- posed deductions are to be transmitted and tire affiliation of such person, if a.y, with the applicant. Section 3.8 Action by the Secretary of Labor upon applications. The S6cretary of Labor shall decide whether or no! the requested deduction is permissible under provisions of § 3.6; and aball notify the applicant in writing of Iris decision. Section 3.9' Prohibited payroll deductions. Deductions not elsewhere provided for by this Part and which 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 hy cash, negotiable in.,~truments payable on demand, or the additional forms of compensa- tion for which deductions are permissible under this part. No other metlmds of payment shall be recognized ou work subject to tire Copeland Act. Section 3.1 1 Regulations part of contract. All contracts made with respect to the construction, prosecution, completion, or repair of any public building or public work or building or work financed in whole or in part by loans or grants front lite United States covered by tire regulations in this part 'shall exprcsc, ly bind tile contractor or subcoutractor to comply with such of tire regulations in this part as mav be ap- pli6~ble. In this regard, wee § 5.5 (a) of this subtitle. HUD.W~ah~ D.C. Page 13 of 13 9/75 WAGE RAVE DETERMINATION DECISION NO: TX 79-4053 The following Wage Rate Determination, Decision No. TX 79-4053, 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 in- volving use of Community Development Grant Funds must include the Wage Rate Determination current at the date of the bid opening. Therefore, this pro- ject is subject to that requirement and all bidders should consider such in preparation of proposals. Air Tool Asphal~ S~veler Carpen~e~ ~ncrete ~n~er ~ncre~e tint.her llelpe~ ~ocre~e F~fl~sher (~CCUFCO) ~flcz~ce rini~h~ ~81per Concrete ~b~r Elec~rf c~an gelpezr ~o~ ~llder ~ ~fler (~avlfl~ ~ ~rb) · o~ Se~er (e~v~n~ ~d ~b) Fo~ Setter ~el~t Fo~ Sector ~c~mic ~ler Painl;er ~lledri ~ pe ~ ay ~ Yipe~ayer ~n~J~cic · o~ ~an Helper keel ~er (~cr~cural) Reel ~ ilel~aF Spreader ~x t~ P~er ~ul~t ~eratoroe A~halc ~ scribner A~halc Paving Br~m or ~er ~lldoz~, 1~ ~ and ~lldozer, ov~ 150 ~rece P~ng ~rtng l~c~nm ~ncrece Pa~ng Finishing ~crece Pa~ng Form ~ad~ ~ncrece Ps. rig Gang Vtbre~r ~crece P~flg Grind~ C~creCe Pa~n& JoinC ~ncrmCt Pa~ng ~tcudioi~ ~crece Patna ~ncrece Pa~n8 ~r~ ra~ns ~b ~er C~sher or ~ing PI~C Elevac~nS Crier ~nc~) ~tmC (~ble ~m ~s~ (~er 16 PlMRAL Immslll, vol 44, NO. I3--IqUOAY, MATCH 16, WR - I ~avemmce) · Roller, Steel t~heel (O~her-Fld~ l~heel or ~rapera (17 ~ ~d Scrapers (~r Side Tractor (~leF ~e) 1~ HP & boo Tractor (Cra~lar ~pe) over ~accor (~ac~) 80 I~ & baa Traveling Htxer ~chin~ ~chlfle, ~shc · Trenc~n~ ~:achine, ~ck ~iver~: T~d~ ~le or S~tzall~ ~nch Vlbra~o~ ~ ~d ~lder WR - 2 TABLE OF CONTENTS FOR GENERAL CONDITIONS OF AGREEMENT 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1. Definition of Terms Page Owner, Contractor and Engineer .......................... G-1 Contract Docmnents ................................ 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 Corn pleted .............................. G-1 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 2. Responsibilities of the Engineer and the Contractor Owner-Engineer Relationship ................................................. G-2 Professional Inspection by Engineer ............................................ (3-2 Payments for Work Init;iai Determinations Ob. ections Lines and Grades Contractor's Duty and Superintendence ......................................... G-2 Contractor's Understanding ................................................... G-3 Character of Workmen Contractor's Buildings ....................................................... G-3 Sanitation Shop Drawings ............................................................. ©-4 Prelimipary Approval ....................................................... G-4 Defects and Their Remedies Changes and Alterations 3.01 3.02 3.03 3.04 3.05 3.06 3.07 3.08 3. General Obligations and Responsibilities Keeping of Plans and Specifications Accessible .................................... G-5 Ownership of Drawings ...................................................... G-5 Adequacy of Design ................................................ · .........G-5 Right of Entry ............................................................. G-5 Collateral Contracts Discrepancies and Omissions Equipment, Materials and Construction Plant ..................................... G-5 Damages TC-~ (~) by Texas Section ASCE 197J 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 5.05 5.06 5.07 5.08 5.09 6.01 6.02 6.03 6.04 6.05 7.01 7.02 8. O1 Protection Against Accident ;o Employees and the Public ............ Performance and Paymen; Bonds ......................... Losses from Natural Causes ............................ Protection of Adjoining Property ......................... Protection Against Claims of Sub-Contrac;ors, 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 ............................... ]?rice 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,11 G-11 G-11 G-12 G-12 7. Abandonment of Contract Abandonment by Contractor ........................... .Abandonment by Owner ............................. 8. Amendments and Changes Amendments and Changes to General Conditions of Agreement TC-2 G-13 G-14 ..... G-15 (~) by Texim ~ection, ASCE 1971 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 to 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 fc~r 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, Technk'~al 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 ~)erson 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 ~o 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 sLandards. 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 WORKIiNG 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.(]18 CALENDAR DAY. "Calendar Day" is any day of the week or month, no days being excepted. 1.(]t9 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 ® by Tex~ Sectiom ASCE 1971 2. RESPONSIBILITIES OF THE ENGINEER AND THE CONTRACTOR 2.01 OWNER-ENGINEER RELATIONSHIP. The ENGINEER 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 ~o 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. No~twithstanding any other pro vision 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 ~he 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 approval 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 ~o 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 ® by T,~ ~c,o.. Asc~ ~,~ 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 c, ther 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 KNGINEER 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 obserw~tion 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 t]he 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 prehminary to and during the prosecution of the work, the general and local conditions, and all other raatters which can ;,n 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 I971 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 ail 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 CONTRA& TOR'S responsibility to fully and completely review all shop drawings to ascertain their 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 to 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 ® by Texas Section. ASCE 197~ 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 con~ract, except as provided for unit price items under Secti(~n 5 "Measurement and Payment;" otherwise, such additional work shall be paid fok 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 tease,robie number of copies of all plans and specifications without expense to him, and the CONTRACTOR shall keep one copy of the sa~'.~e 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. All 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 cvmpliance 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 me~y 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 conticact, 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 wo~k 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 pr~o~city 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, accessoriies, 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. G-5 ® by Texa~ Sec~on, ASCE 1971 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 toss. 3.09 PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC. The CONTRACTOR shall at all times exercise reasonable precautions for the safety of employees an(]. 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 Of 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 go 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 G'6 (~) by Tex~ Sectaon. ASCE 1971 nature hereinabeve designated have been paid, discharged or waived. If the CONTRACTOR fails so to de,, 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 all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the patentee or owner. 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 suclh 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, c~aims, 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 Tex~ S~ction. ASCE i971 (2) Is caused in whole or in part by any negligent ace 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 injuw 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 compensation claims, disability benefits and other similar employee benefit 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, thd 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 the work, and estimated dates of completion of the several parts. G'8 (~ by Texas Section, ASCE 1971 4.0,2 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 such 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 QUANT][TIES 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 to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing 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 co~atract 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 all material and all labor required for the aforesaid work, also for 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. 6-9 ~ ~ ~ ~.o~, ~,sc~ ~z 5.04 PARTIAL PAYMENTS. On dr before the 10th day of each month, the CONTRACTOR shall prepare and submit ~o 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 ~he 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 amoun~ thereof, which 10 per cen~ 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 ro 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!!y complete the work and, thereupon, the CON- TRACTOR shall receive payment of the balance due him under the contract subjec~ only to the conditions s~ated 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 ~o the OWNER and the CONTRACTOR his Certificate of Completion, and thereupon it shall be the duty of ~he 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 furnished under the terms of the Agreement and shall certify same to the OWNER, who shall pay~t~o 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 ~he final payment, nor any provision in the Contract Documents, shall relieve ~he 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 exten~ as may be necessary to protect himself from loss on account of: G-10 o by Texaz Section. ~SCE 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 to 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) per cent per annum, unless otherwise specified, from date due as provided under "Partial Payments" and "Final Payments;," until fully 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 ~o the ENGINEER or otherwise in writing shall advise the OWNER of his request to the ENGINEER for a written Field Order and tha~ 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 or' 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: 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 ~he "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 to the 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 preserve 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 G-12 (~ by Texos Section, ASCE [971 by the two arbiters so selected; or if the arbiters fail ~o 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 precedent 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 the]ir own compensation, unless otherwise provided by agreement, and shall assess the cost and charges of the arbitration upon either or both parties. T]he 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 s]hall 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 C][ai. ms), 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 f~al 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 to complete any such new contract prove to be less than what would have been the cost ~o 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 completed by the CONTRACTOR under the terms of this contract; or when the CONTRACTOR and/or his Surety shall pay the balance shown to be due by them to the OWNER, then all machinery, 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, tools,~ 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 ~erms within ten (10) days after written notification by the CONTRACTOR, then the CONTRACTOR may suspend or wholly abandon the work, and may remove therefrom all machinery, tools and equipment, and all materials on the 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 price~ 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 A~reement and shall certify same to the OWNER who shall pay to the CONTRACTOR on or before thirty (30) days after the date of the notification by the CONTRACTOR the balance shown by said final statement as due the CONTRACTOR, under the terms of this Agreement. G-14 8. AMENDMENTS AND CHANGES 8.01 AMENDMENTS AND CHANGES TO GENERAL CONDITIONS OF AGREEMENT. 3.18 INSURANCE. Add the following: requirad 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 previous payments and all further sums that may be retained by the OWNER under ~he 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 BY 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 bean included in payments to the CONTRACTOR and have not been wrought into the wo~k. 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 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 pPecedence over requirements set forth in the Standard Specifica- tions. B. STANDARD SPECIFICATIONS ITEMS AND SPECIAL PROVISIONS: The Stan~dard Specifications Items listed below apply to this pro- ject. Each .Item shall be changed as set ~rth below. All other provi- sions of the included Items from the Stan~rd Specifications shall apply as written. Item i - 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 0~aer. 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 Cit~ Engineer of the City of Plainview. .Item 100 Preparing Right'~ofWay Paragraph 100.4 is voided ~nd the following is substituted: This Item is considered to be incidental to the work and no direct pa~nentl/for "Preparing Right of Way" as such will be made. Item 102 - Clearing. and G~ubbing Paragraph 102.~ is voided and the following is substituted: This Item is considered to be incidental to the work and no direct payment ford"Clearing and Grubbing" as suc'h will be made. Item 104 - Removing 01d Concrete Paragmaph 10g.~ 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 01d Concrete" as such will be made. Item 110 - Roadway Excavation This Item is deleted and the Special SpeCification "Subgrade Exca- vation and Preparation"is substituted in its place as follows: 1. Description: This Item shall consist of all excavation, haul 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 line, 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- neer: 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 gmades as shown on the Plans or as established by the Engineer. All unstable or otherwise 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 unifomm compaction having a density of not less than 90 percent (90%) Standard Proctor. Materials excavated from areas which must be lowered may be used to fill areas which must be raised to the proposed grade, providing such material is of suitable quality to be used as fill material. Excess material shall be the property of the Contractor and shall be disposed of by hauling and dumping at a disposal site approved by the Engineer. No excavated material shall be depos- ited within any wet weather lake area as defined 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 City of Plainview. Measurement and Payment: No direct payment for ,'Subgrade Excavation and Preparation" as such will be made, but the costs of same shall be included in the unit prices bid for "Compacted 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 following sutstituted: This~ Item is considered incidental to the work and no direct pay- ment for ~"Sp~inkling" as such will be made, but the costs-of same shall be included in the unit prices bid for the ~rious items. These costs shall be full. compensation for all costs in connection with furnishing the water, for all costs in connection with furnishing, and operating approved sprinklers, and for applying the water as directed, .including haulifig, .equipment, tools, materials, labor and incidenta~lS necessary to complete the work. I't~m 21~--Rol~ing (Flat Wheel) Paragraph 2i0.5 is voided and the following substituted: This Item is considered incidental to the work and no direct pay- ment for "Roll. ing" as such will be made. I~m 21j - Rolling ,(Ta~pi~g) Paragraph 211.5 is voided and the following substituted: This Item is considered incidental to '~e work and no direct pay- ment for "R611ing" as such will be made. Item 2i2 - Rolling .(Hea.vy Tamping) Paragraph 212~5 is voi~ed 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 213 - Rolling (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.eavy.Pneu~at.ic~) 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 suhh will be made. I~em 232 - Flexible Base (Caliche) ~aragraph 232.2 is changed such that no payment for "Stripping" as such will be indicated. The catiChe base material shall he Type A,'Grade l, having a soil binder with a liquid'limit not to exceed45 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 satisfaction that material in the required quantity is available; and to furnish the Engineer sufficient evidence that the material meets the requir~mentswof the~Specifications- Paragraph 232.6 is amended to include the following: The compacted caliche base shall have a density of not less than 95% Standard Paragraph 232.7 is voided and the following substituted: Measurement: Work performed and materials fur~lished 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 price bid for "Compacted Caliche Base", which price shall be full compensation fop 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, bladinE, dragging, shaping, rolling and finishing, and for all manipulation; labor, tools and incidentals neces- sary to complete the work as specified and as shown on the Plans. Item 252 - Sa~v,a,giDg ,and Replacing Base Paragraph,2522 is amended tO include the following: The compacted base material 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 Subg~ade Excavation and Prepara- tion; sprinkling and for shaping and fine grading the subgrade, for cleaning surface to be salvaged, for scarifying and breaking up asphal- tic surface, for scarifying, removing' wind~owing or stockpiling all DS - 4 salvaged material; for all hauling; for replacing the salvaged ma~ terial on the prepared subgrade; fQ.~ spreading, b!ading, d~agging, Shap- ing, roiling and finishing, and for all manipulations, 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 3t0 - Prime Coat (Asphaltic Material Only)~ Par&graph'.310.2 Materials is amended to include the following: Asphaltic material used for prime coat shall~be cut-back'Asphalt, MC-3() applied a% the rate of 0.30 gallon peI· 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 f~?ni~hed as prescribed, by this Item and meas~red as provided under "Measurement" witl~ be paid for at the ~nit price bid for "Prime Coat"~ which price shall be full compen- sation for cleaning the area and/or base; for fur~ishing, 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 squareyardor as directed by the En- gineer, (Where seal coat is in conjunctiOn'with'new construction, asphalt used shall be the same as fgr surface treatmest for new construction.) (2) Aggregate - Aggregate shall be'Type B, Grade 5, applied at the~rate of one (1) cubic yard of aggregate per i20 square yards · of surface or as directed by the Engineer. Materials shall be as specified and shall be approved by the Engineer'prior totheir 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 furnished indicating that aggregate complies with specificationm 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 stockpilelocations where necessary and shall secure any required permits for such. Paragraph 316.3 is amended'to include the following: The entire surface shall be rolled witha self-propelled flat wheel roller weighing not less than three (3)~tons nor more than ten (10) tons immediately upon completion of' the application of the aggre- gate to the surface and the brooming and bladingof same. The flat wheel roller shall pass at least twice over the entire surface. Flat wheel rolling shall be immediately followed by a pneumatic roller. The pneumatic roller shall make not less than five.(5) passes over the en- tire surface. The Contractor shall take special care to 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 perfo~rmed under, this contract shall be measured by the square yard of completed Seal'Coat in place. Paragraph 316.5 is voided and the following substituted: Payment for Seal Coat shall be 'made at the unit-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 necessamy to complete the work. Item 324 - Three Course~Surface Treatment This Item is deleted and the Special Specification "Three Course Asphaltic Surface Treatment" substituted in its place as follows: 1. GENERAL: This Item shall consist of the furnishing.of ail materials, equip- ment, labor and whatever~else may be necessary for placing a penetra~- tion type asphaltic wearing surface composed of three applications of asphaltic material, each covered withaggregate, over the completed base, constructed in accordance with these specifications. Since it is not desirable to place penetration asphaltic surface during cold weather, no penetration surface t~eatment shall be placed between September 30 and April i, except at the risk of the Contractor and with the written permission of the City of Plainview.. In the event of such application of penetration surface treatment between saiddates, 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 (i) year from the date of completion of the work under this contract. DS - 6 MATERIALS: (a) As~h__alt Cemen,t.~ 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), Ag,gregate 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 p~rtieles 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 or.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.S.H.O. Designation T-96 as revised). When tested by approved laboratory meth- ods, each shall meet the requirements for ~=~rading specified below: No. I Aggregate Texas Highway Delpartment Grade I Retained on 7/8" sieve ...... 0% Retained on 3/4" sieve ...... '0 - 57% Retained on 5/8" sieve ..... 85 - 1001 Retained on 3/8" sieve ...... 95 - 1001 Retained on No. 10 sieve ..... 99 - 1001 No. 2 Aggregate Texas Highway Department Grade 3 Retained on 5/8" sieve ...... 0% Re~ained on 1/2" sieve .... 0 - 5% Retained on 3/8" sieve ..... 85 - 1001 Retained on 1/4"~sieve ...... 95 - 1001 Retained on No. 1,0 sieve ..... 99 - 1001 No. 3 Aggregate - Retained on 3/8" 'sieve ..... 0% Retained on 1/4" sieve ...... 0 - Texas High~y Retained On No. 4 sieve ..... 50 - - 1001 Department Retained onlNo. 10 sieve ..... 99 - 1001 Gmade 5 The above gradation represents the extreme limits which shall determine suitability of aggregate for use ~rom all sources of supply. The aggre- gates as finally selected for use in the ~rk 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 CONSTRUCTION METHODS: The area to be surfaced shall be cleaned of dirt, dust or other de- leterious matter by sweeping or other approved methods~ -~If it is found necessary by the Engineer, the surface shall be lightly sprinkled just prior to the first application of asphaltic matemiat~ Just prior to the first application of the asphaltic surface, a straigh~ and sharp joint shall be cut across existing asphaltic pavement adjoining the area to be surfaced and the excess asphaltic~avementbetween the~-new joint and the completed base shall be removed. The joint shall 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 shall~ be as follows: First Course Asphalt, AC-5, applied at the ~ate of O.25'gallon per square yard, or as directed by the Engineer. Aggregate, Type B, Grade 1, applied at the rate of one cubic yard per 50 square yards, or as directed by the Engineer. Second Course Asphalt, AC-5, applied at the Pate of 0.50 gallon per square yard, or as directed by the Engineer. 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 O~35 gallon per square yard, or as directed by the Engineer. Aggregate, Type B, Grade 5, applied at the rate of one cubic yard per 140 square yards~ or as directed by the Engineer. Asphaltic material shall be applied by an approved type self-pro- pelled pressure distributor so operated~as to distribute the material in the quantity specified, evenly and smoothly. The Contractor shall provide all necessary facilities for determining the temperature of the asphaltic material in all of the heating equipment and in the distribu- tor, for determining the rate at which iris applied and for uniformity at the junction of two distributor loads. Asphalt shall not be heated above 400° F. at anYotime~ and when applied itoshatl be ara temperature of not less than 275 F. and not more %hah 375 F. The-Engineer will select the temperature of applicatgon and the Contractor shall apply the asphalt at a temperature within 15 of )erature selected. The beginning and ending of each shot 1 be over a stmip 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 aggregateby_~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 be required to obtain a uniform distribution of the aggregate. Upon completion of the application of each course of aggregate and after it has been bladed, broomed and raked, each course shall be thor- oughly rglled 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 the final course has been applied and molled with the flat whee~l 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 less than five (5) times. On the next day succeeding the final application, the entire surface shall be broomedor bladed, spreading any loose aggregate uniformly over the surface, and shall be rolled a second time with the flat wheel roller and the pneumatic roller as set out above such that the entire surface shall have had a total Of ten (10) passes with the pneumatic rOller 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 ~rior 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 guttems 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 fom drainage prior to final acceptance and any defects or deviations from grade shall be corrected. 4. MEASUREMENT: Work performed and materials provided under ~his item shai1 be measured'by the square yard of surface treatment comple~te in place.. 5. PAY MENT: Payment for Three Course Surface Treatment shall be made at the unit price bid pgr square ya~,d of surface for "Three Course Asphal- tic Surface Treatment" which price shall be full compensation for fur- nishing all materials, freight, hauling, distributing, spreading, blad- lng, brooming, raking, and ~olling as specffied including all equipment, labor, tools and incidentals necessary to complete the work. Item 380 - Cold Mix Limestone Rock Asphalt PavemenZ (Class A) Paragraph 330.8 is amended to include a pay item to be designated as "Asphaltic Leveling", which payment shall be for leveling of existing DS - 9 asphaltic surfaces prior to the application of a seal coat or other type asphaltic surface. Item 340 - Hot Mix ~sphaltic 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 ag~egate and asphaltic materi- al uniformly mixed to conform to the "Type"'shown on the Plans conform- ing to Paragraph 340.3. The'asphalt used shall be OA-90 conforming to Item 300, "Asphalts, Oils andEmulsions". The a~phattic concrete mixtures shall be designed by a commercial testing laboratory and certificates shall be furmished to show that the mixture conforms to the specifications and indicating the results of tests made on samples of the mixture. The mixture when designed and tested in accomdance 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, Optimum 97: Stabil- ity, percent; not less than 35. The asphaltic material shall fo~m 6 to ~8 percent of'the mixture by weight. The Prime Coat, Tack Coat and Emulsified Asphalt shall be asphaltic cut-back or emulsion conforming to Item 300, "Asphalts, Oils and Emul- sions'', and shall be suitable to'insureadhereneeof ~heasphaltic con- crete~mixture to the completed base. Asphaltic concrete mixtures shall be at least 225° F. at the time on the roadway. The application of the asphaltic concrete'miXture to the compacted caliche base shall be laid uniformally over the entire surface in suffic- ient quantity 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 desirable ~o place asphattic~concrete during cold weather, no asphaltic concrete shall be placedbetween No~ember 15 and March 1 except at the risk of the Contmactor and with the permission of the City. In the event of such application of the asphaltic concrete between said dates, the Contractor shall guarantee end'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 voidedand the following 'sUbstituted: DS- 10 MEASUREMENT Work performed and materiaIs furnis'h~d under this Item shall be measured by the square yard complete in place. Paragraph 340.8 ~[.s voided and the following substituted: PAYMENT Work performed and materiai 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" ofthe types specified, which prices shall each be full compensation for furnimhing all 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° All 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 ihe Contractor at his expense. Item 400 - Struct~al Excavation Paragraph 400.7 is voided and the following substituted: This Item is considered to be incidental to the work~ performed in con.~tructing the structure for which it is required and no direct pay- ment for '~StrUctural Excavation" as, such will be made; but the cost of such work shall be included in the lump sum~ price bid for the structure for which the ~excavation is required. The.~e costs shall ~include full compensation for all excavation and backfill including compaction; all soundings; sinking all cais's~ns; constructing a~!! cofferdams, all un- watering, and for furnishing all materials, labor, equipment, tools, sheathing, bracing, cofferdams, pumps, drilt~s, explosives, and inciden- tals necessary to complete the work. Item 401.- Excavation and Backfill for Sewers Paragraphs 401.8 and 401.4 are voided and the following substituted: This Item is considered to be incidental tO the work performed in constmucting the sewers rom which it is required and no 'direct payment for "Sewer Excavation and Backfill, 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- sat.ion for furnishing all materials, tools~, labor, equipment, sheathing and incidentals necessary to perform the work. Item 420 - Concrete S~ructures Paragraph 420~26 is voided and the following substituted: DS - 11 MEASUREMENT AND PAYMENT Each structure as set forth in the 9roposal as a bid item will be paid for at the lump sum price bid for such"structure~ and such lump sum price bid shall be full compensation for all materials, equipment, sup- erintendence, labor, tools and incidentals necessary to complete the work. Item 42i - Concrete for Structure Paragraph 421.14 is voided and the following substituted: No direct payment will be made for concrete: ~as' such, but such pay- ment will be included in the payment ~made for the particular structure in which the concrete is placed. Such payment shall be full compensa- tion for furnishing, hauling and mixing all concrete materials; 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 fo~ms and, falsework, labor, tools, equipment ~and incidentals necessary tO complete the work, Item 440 - Reinforcing Steel Paragraph 440.9 is voided and the following substituted: No direct payment will be made for "Reinforcing .Steel" or "Fabric" as such; but payment for such will be included* in the payment made for the particular structure in which the reinforcement is placed. Such payment shall be full compensation for furnishing, bending, fabricating, welding, tying and placing the reinforcement for 'ail clips, blockS, met- al spacers, ties, wire or other materials used for fastening reinforce- ment in place, and for all tools, labor, equipment-and incidentals 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 prescribed in-paragraph 464.4 will be made at the contract unit price bid for the:~arious sizes of "Reinforced Concrete Pipe" of the class specified, which.paymentshall be full compensation for furnishing and transporting the'pipe; the exca- Vation and backfill; disposal of sumplus excavated material; the excava- tion, hauling and placing of earth dushion material where required for bedding pipe in rock excavation; the preparation and shaping of beds; hauling, placing and jointing of pipes; for enid finish; for moving and reusing headwalts; for all connections to existing,structures and for all other items of materials, labor, equipment, tools amd 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 thepayment for "Rein- forced Concrete Pipe" as set forth above. DS- i2 Where pipes are laid on a skew, full compensation for cutting the ends parallel with the centerli~e Of th~?~ighway~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 4.65.6 is voided and~the following substituted: Payment for pipe sewers, measured as preshribed in Paragraph 465.5, will be made at the unit price bid per linear foot for the various sizes of'~'Pipe Sewers", of The class specified, complete in place and~such pay- ment shall be full compensation for furnis]hing ~1t concrete materials, reinforcing steel, precast concrete pipe, mortar, and for alt 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 manholes and inlets satisfactorily completed in. accordance with the plans and Specifications will be measured by each manhole.or inlet~ complete, including all frames, gmates, 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.lng ~anholes and Inlets This Item shall be amended to include the adj~ustment of water main valve boxes. The Cohtractor shall furnish all labor, materials, and ~qBipment and do all work required to adjust all water main valve boxes,'within the limits of areas to be paved, to the p~oper grades and elevation as established by the Engineer, and fn 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 b9 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 bok, lowering or raising to the proper grade, properly supporting the box on brick or other suitable material and thoroughly tamping dirt around the box, and placing concrete around the box as shown on the plans. DS-- 13 It shall be the Contractor's responsibility to measure the location of all valves at any time the valve boxes are removed, so that the valve~ can be relocated when the valve boxes are ready to be reset. All 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.pav- ing, they shall be reset to the proper alignment and g~a-d'e before f~na~' acceptance of the street improvements. Payment for this work will be made at the contract unit price each, for "Adjusting Valve Boxes", which price shall be full compensation. ~ for all costs of labor, materials, equipment and incidentals necessary to properly adjust the valve boxes to the proper grades, as specified heme- in, and in accordance with the details shown on the Plans. Item 496 - Re.movin.g 9~d Structures Paragmaph 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 01d 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 Cu~D 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,-compleTM in place. Paragraph 522.5 is amended to include the following: Concrete Valley Gutter will be paid for at the unit price bid per square yard, complete in place. Item 524 - Concrete Sidewalks and Driveways This Item shall apply as written. Item 53.1 - Memb?ane ,Curing.. This Item shall apply as written. DS - 14 WHEREAS, N'T~H PIATNS PAVERS? INC. bid in the form of a proposal in words and figures as follows: , submitted their PROPOSAL FOR STREET IMPROVEMENT ~$eptember'24, 1979 HONORABLE MAYOR AND CITY COUNCIL PLAINVIEW, TEXAS Gentlemen: The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, finn, 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 s~aid 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- ject and to provide a guide in evaluating bids. Accompanying this proposal is a--Cer~ti~-te -- -' '-'. - -or Bid- der's Bond payable to the CIT~ OF PLAINVIEW for ~'~ ~ ~ ~ /~ ' ' m Dollars ~J ....... ), 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 security shall become the property of the City of Plainview, and shall be considered payment for damages due to delay and other inconveniences suffered by the City on account of' such failure of the bidder. It is understood that the City reserves the right to reject any and all bids. The undersigned proposes to furnish all material, labor, machin- ery, 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: No. an~d_.Unit Description of Item and Unit Price 1. 19,577 Concrete Curb and GLitter, Complete Lin. Ft. per linear foot: r'~,~ /~ Dollars and ./L'?.U',~T? r~, v~F ~ Cents ($ .~..~ ?,5- ) 2. 183 24" Concrete Retainer, Complete Lin, Ft. per linear foot: .4~/ytY~ Dollars an~ ~mry Cents ($ ~ ) 3. 192 Concrete Valley Gutter, C~plete Sq, Yds. per squQre yard: .~/ ~T~ Dollars and ~~K Cents ($ /m~ ) 4. 805 ~ Concrete Pavement (Class "A" Sq, Yds. Concrete) Complete per square yard: ~ .[~~7 Cents ($ /~ ) 5. 852 4" Concrete Rip Rap, C~plete Sq. Yds. per square yard: -.~~~ . Domi'lars and 6. ~,692 48" Reinforced Concrete Culvert, Complete Lin. Ft. pe~ linear foot: Dol 1 ars -- Cents ($ 7. 4,468 Salvaging and Replacing Base, 6" Thick, Sq. Yds. complete, including excavation and fill, subg~ade p~eparation,, base material in place, and all backfill and grading, pe~ square yard: Dollars and Cents ($ ) Total Amount P-2 Item Quantity No. and Unit Description of Item and Unit Price Total Amount, 8. 28,.666 Sq. Yds. 9. 33,134 Sq. Yds. 10. 33,295 Sq. Yds. 11. 2,017 Sq. Yds. 12. 14 Each 13. 17 Eac~ 14. 252 Lin. Ft. 15. 1 Each Compacted Caliche Base, 6" Thick, Complete, including excavation and fill, subgrade preparation, base material in place, and all backfill and grading, per square. yard A-~A'"~s~~''~m Dollar and ~' ~ ~-,k'g Cents ($ j~_ Prime Coat, Complete, per square yard: ~4Ym Dollar and ~ ~ ~'y ~y~ X- mCents ($_ ~ Three Course Asphaltic Surface Treatment, Complete,, Per square yard: '~yJo Dollar and ; ./J i/~ TV ~Cents ($ .,-'~ ~---~ Seal Coat, Complete,. per square yard: , .~Yo Dollar and _ ~/1~7~/ Cents ($. ~>, Adjusting Valve Boxes, Complete per each: ~/~ /~/U~ Dollar and . ~ Cents ($ ~$-- Adjusting Manholes, Complete, per each: Dz,~ ..N~D ,~"IFZ'¥ Dollar and,...... ,/~o- Cents (S /~-- Railroad Crossings, Complete, per linear foot: ?~o I~ T¥ ' Dollar and ~ Cents ($ ~-'-"") Storm Sewer Inlet, Complete, per each: ?!F~£~ !J~'~ Dollar and ~J~ ~ Cents ($ TOTAL AMOUNT OF PROPOSAL P-3 SUB-CONTRACTORS TO BE USED ON THIS PROJECT ARE: (If none, write NONE) In the event of the award of a contract to the undersigned, the under- signed will furnish the required Statutory Perfomance and Payment Bonds for the full amount of the Contract, to secure proper compliance with the rems and pmvisions 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 ~en (lO) days after written notice to dm) so has been given to him and to complete the work on which he has con~nenced as soon as is reasonably pos- sible, but in any case no later than October 1, 1980. The undersigned certifies that the bid prices contained in this proposal I~ave been carefully checked and are submitted as correct and final. BIDDER TITLE STREET ADDRESS C AND STATE · 50 ¢~ - ~3 ?/ 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 is the lowest and best bid received; and HIGH PLAINS PAVERS~ INC. WHEREAS, the said HIGH PLAINS PAVERS~ INC. , have presented the City of Plainv~ew a statutory' payment bond, pursuant to Article 5160, of the Revised Civil Statutes of Texas, as amended, and have presented to the City of Plainview, a statutory performance bond, pursuant to Article 5160, of the Revised Civil Statutes of Texas, as amended, which said payment bond and per- formance bond are conditioned in words and figures as follows: STATE OF TEXAS COUNTY OF HA._LE PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That HIGH PLAINS PAVERS. INC. a corporation . of theCity_of Plainview County of Hale , and State of/,exas - . , as principal, and. SE_ABOA~.~D SURETY COMPANY authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmlyboundunto~oTuH~ ~CuInY~re0~ iPwLeAnIN~VI~E~W~ePl?jl~view, Texas ' (Owner), rot ~ne payment whereof, the said Priricipal and Sure~y bind 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,~_day o~ September .;~19.79 , to Construct Street Improvements which contract is hereby referred to and made a part ]aereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said PrinciPal shall faithfully perform 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 th~s 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 th~ of,TexaS'~'' amended and all liabilities on this bond shall be determined in provis~oaS 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, extensioa of time;alteration or addition to the. tezms of the contract, or :to the work performed thereunder, or the plans, speci~ fications, or drawings accompanying the same, shall in anyway affect on this *Not applicable for federal work. See "The Miller Act," 40 U.S.C. $270. - PB-1 bond, and. it does hereby waive notice of ahy such change~ extension of time, alteration or addition to the teiUns of the contract, or to the work to be pe~°rmed thereunder. IN WITNESS WHF, REOF, the said Principal and Surety have signed and sealed this instru- ment this ?Bth __day of. g~pt~mhar _, 19 79 ,.HIGH P_CAINS PAVERS~ INC. Principal SEABOARD SURETY Title_'" ~. H, ~,_Wall, President Address___BO× Plainview, Texas 79072 ~tle Bill N. Eaves~ Attor~ev. in~Facl~ ~. J~ :- ~ddress 100 W. 7th Street Plainvie~, !exas 790'12 The name and address of the Resident Agent of Surety is: See Ab_gve Right PB-2 PAYMENT BOND STATE OF TEXAS COVNTY OF KNOW ALL MEN BY THESE PRESENTS: That_ HTGH P!A!NS PAVERS~ !NC. - a corporation of the City of Pl ainvi~w : County o:[ Hale , and State of T~×a.~ , as principal, and SEABOARD SURETY COMPANY . . . authorized under the laws of the State of Texas to act as surety on ~nds for principals, are held d fi~l' bound ~n~ THE CITY 0F PLAINVIEW, Plainview, Texas (O~er),' ~n ~ne penal sum oz : , , · - . - ~llars ($423~4P1]R7) for the payment wher~f, ~he said ~cipal and Sure~ bind them~elv~ and their h~i~, trators, executors, successors and assi~s, joint~ and severally, by thee pr~nts: WHEREAS, the Principal has entered into a certain written contract with the; Owner, dated the 25th day of__ _September .... ', ;~!9 79 , to Construct Street, Improvements which contract is hereby referred to and made a part hereof as fully and to the same extent if copied at length her~in. as NOW, THEREFORE, THE CONDITION OF THIS, OBLIGATION IS SUCH, that if the said Principal 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 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 Revi~.~d 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 ~t 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' l~l~s, specifications or drawings accompanying the same, shall in anywise afiect: i~ ob~tion on this bond, and it does hereby waive notice of any such change, extension of time, alteration er addition to the terms of the contract, or to the work to be performed thereun/ler. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instru- ment this ?-qth _day of__September _, 19_ 79 . HT6H .PA.Z~tS[S~, TNt. Principal Title._ H. 'A._W.a! 1, President Address____l~X_39~R Plainview, Texas 79072 Address Bill N. Eaves, Att~rnev-i~)-Fact 1 flq W_ 7'l-_h Plainview, Texas. 79072 The name and address of the Resident Agent of Surety is: See Above Right PB-4 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. for the performance of specific improvements referred to in the Notice to Bidders and the proposal hereinafter referred to, said contract to be i~ words and figures as follows: AGREEMENT STATE OF TEXAS COUNTY OF itALE THIS AGREEMENT, made and entered into this 25th day of September A. D. 19 79 , by and between THE CITY OF PLAINVIEW of the County of Hale and- acting through J~Robert Wayland,Mayor tl~ereunto duly authOrized so to do, Party of the First Part hereinafter termed OWNER, and HIGH PLAINS PAVERS, INC., a corporation of the City of Plainview County of Hale Texas , Part~ ~f ~e Second Part, hereinafter termed CONTRACTOR. and State of WITNESSETH: That for and in consiideration 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 bear- ing everl date herewith, the said Party of the Second Party (Contractor), hereby agrees with the said Party of the First Part (OWNER), to commence and complete the construction of certain improvements described as follows: Street improvements consistinq of curbs and qutters, concrete retainers. concrete v~llev gutter~ con~rete pavement, concrete rip rap. ~ulverts, flexible base, asphaltic surfaces, railroad crossings and incidental items re_~red 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, required 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 iin 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. Ho_~.q_qe, P. E., Cit.¥ Enqineer of the City of Plainview A-1 herein entitled the ENGINEER, each of which has been identified by the endorsement of the CONTRACTOR and ENGINEER thereon, together with the CONTRACTOR'S written Proposal, the Special Conditions and the General Conditions of the Agreement, and the Construction Bonds hereto attached; all of which are made a part hereof and collectively evidence and con- stitute the entire contract. The CONTRACTOR 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 ,19~. 2. Within calendar days after the date of written notice to commence work. 3. Other: As soon as is reasonably possible, but in any case no later than October 1.~ 1980. The CONTRACTOR agrees that for each day of delay beyond the time herein 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 Con- ditions and the General Conditions of the Agreement) the Owner may with- hold permanently from the Contractor's total compensation the sum of One Hundred Dollars (~ 100.00 ) as stipulated ~'~amages for such delay. The OWNER agrees to pay the CONTRACTOR in current funds for the per- formance of the contract in accordance with the Proposal submitted there- for, subject to additions and deductions, as provided in the Special Con- ditions and General Conditions of the S~reement, and to make payments on account thereof as provided therein. IN ITNESS WHEREOF the parties to these presents have executed this Agreement in the year and day first above written. ATTEST: ~ ~ · .. DODSON TITLE: .City Clerk PARTY OF THE FIRST PART (OWNER) CITY OF PLAINVIEW BY: J. ROBERT WAYLAND TITLE: Mayor PARTY OF THE SECOND PART (CONTRACTOR) ATTEST: HIGH PLAINS PAVERS~ INC. ~INNELL '[ I ' ~ ~ H. A; WALL TITLE: Secr~tarj/-Tr~'surer TITLE: 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 25th day of September 19 79 I ATTEST: Medl in C.arpenter, Mayor Pro Tem ~ Walter S. Dodson City Clerk