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Home My WebLink About1977 PA~I[~6` IHPitOV6t~NTS RUAAELL STREE' .July,'1977 pw Contract Documents for 1976 CDBG Funded Project Specifications Construction of Paving Improvements for Ruddell Street I Denton, Texas HUD Grant #B-76-D5-0027 & B-76-D5-9027 (Denton) Ruddell Street City of Denton Municipal Building, Department of Community Development Denton, Texas 76201 x Table of Contents i 1. Notice to Bidders 2. Information for Bidders 3, Bid Bond 4, Definition'of Bid Items and Map 5. Proposal 6. Certification of Bidder Regarding Equal Employment Opportunity 7, Certification of Proposed Subcontractor Regarding Equal Employ- ment Opportunity 8. Executive Or4er 11246 9, Section 3 Clause of 24 CFR 135.20(b) 10. Certification of Bidder Concerning Labor Standards and Prevail- ing Wage Requirements 11, Certification of Proposed Subcort-actor Concerning Labor Stan- dards and Prevailing Wage Determinations 12. Prevailing Wage Rates for Federal oonstrtiction Projects 13. Anti-Kickback Act 14. Standard Form of Agreement 1.5, Performance Bond 16, Payment Bond 17. Certificate of Owner's Authority 18. General Provisions 19. Supplemental Federal Provisions NOTICE TO BIDDERS Sealed bids addressed to the Honorable Mayor and City Council of the City of Denton, Texas, will be received nt the office of the Director of Community Development, City Hall, until 2 p.m, on July 14, 1977, for the construction of paving; imnrovements for Ruddell Street in the City of Denton, The bids will be publicly opened and read in the Civil Defense Room, City Half., at 2 p.m, on July 14, 1977. The City Council will officially review the bids at their regular meeting on July 19, 1977, and award the contract as soon thereafter as practical. Each bid must be accompanied by a cashier's check, certified check or acceptable bidder's bond payable without recourse to the City of Denton, Texas, in an amount not less than; five (5) percent of the bid submitted as a guarantee that the >Idder will enter into a contract and execute a performance bond and a pay- ment bond within fifteen (15) days after the notification of the award of the contract to him. The right is reserved, as the interest of the City may require, to reject any and all bids, and to waive any informality in bids received. O Major bid quantities for the project are as follows: 725 s T 5" Asphalt Pavement 650 l,f, Cone. Curb & Gutter 235 c.y. Excavation P11ns and specifications may be secured from the Director of Community Development, 215 East McKinney, Denton, Texas, on deposit of twenty-five ($25.00) dollars per set, which si;m so deposited will be refunded, pi:ovided the documents are returned to the City within fifteen (15) days after the bids are opened, CITY OF DENTON TEXAS By Jj or o(` omm qty Deveopment Attest: ® 4b y Attorney G AW U. I.WARIMENI OF HOUSING ANDURDAN DEVELOPMENT W 14236-B(R) INFORMATION FOR BIDDERS 1. Receipt and Opening of Aide The City of Denton (heretg~alled I the "Owner"), inrltea'bids'on the fO,ri• iit'techV4 6I~ etb, 'Atl biranl~a''o"which must be appropriately filled in. kids will be reCePoll, 4 the pwner,*t they office of Community- Development, Municipal Build until 2,0 o' c10ck 14 10 7 and t h e v MIL x4*kxxk,Wjmtp4 411 cIF opened and read'sloud. The envelopes:contalnint~the bids mypt, Pe,,pealed, addressed. to ~c~:.CnitY,De`YelAppient at X215 . 11c ihneDenton, 44IL. ,1 , , , and di/1tnlted ab Bi'd Ifdf -11a't1,i',' t~l44ll fJ '..,IJ n! ..'spry 1t l:, aping improvements for Ruddell Street 3i,i4L,h 1.0 The Owner may consider informal any bid not prep i* red a d ay~ witted S}~ ~L~cord• t v : I t 11 1 )i;•?J s11 t ance with the provisions hereof and'Ir1GNWI Al lni'brnai'i les or reJect any and hny bid may be withdrawn prior to the above scheduled time for tlie o~~ttlMta~f``6fdd'or'd~ttiorized'lid,ltiidr.`eeh~''tti~'f`lbf. D'3 d'1rr'e66`i'Z!d after the time and date specified shall not be considered. W bOdetew1fU draw a bid within 30 days after the tr,tual date of the opening thereof. Preparation of Bid Each bid must be submitted on the proscribed form and accompanied by Certification by Bidder Regarding Equal Employment Opportunity Mt#''Fo?'~+~ }IUD-h238-CD-1, and Certification by Bidder (Contrhl ti6 `cdhd6ihVi,altor'a Standards and Prevailing Wags Requirements Form HUD-1 2 , All b ~n spaces ,for: bid prices LAUet b6 fillbd 1i 3 ` A aih! type ttt~ ' gy p r words atid, ligut'osyT ahd 'thd ,fbf bihd Cbrtifi'cdt of~h"}n{, ' and ozlacutod ti1hefi 'tjttbhiittb'd"'' P. tdd f , 1 3 1 r ,Q}S eu Fl' ap~ .4.:. :.9n It IQ r pe aR t;. e kr,'.tf!ti Onn,},% ht r p.vta) si.a, It, he name a,Ad,teger, 94di.~he, ngm4,,4f I;bt4 pr9Jxp.t %tor ,e11c~i the ui.d f s submitted, ~f forwarded by mail, the ae.algrl:pnrel0po„cOntslntlt the,btd,must be enclosed in another envelope addressed as specified in the bid torn, 3•Subcortracts 1 s f r 7t i !1 1t , yl4 1'1~tUI,. ,fen) (,1 Is',trirj „ 1 irf I"Um :irf r!)CA 11;e blrydti ~s s ecl Ic liy t4Y}q¢d thq't zany pt}ragn,l,(ipi f, 4.S o~~er,papF,r,,to whom r t; , N s rs , ~t fEa propoa~d„ P wa Iv 4uttc~9ghr~,ct updprI tt4i4,' cop FrA t•• I I,. a, I ASJBL°,botactbptablo to' the Owner aftor 1e111ficsti&',YrtKd HUDIAfth"Office ' . IOoflthe;,60rVint'bl1gibi'iity 6te'4,b.A',1'Mid "1,111,14 If.: ,,.I 'till Jr,'r, t,,,,~1:s11 n n ` , ! t , I1 t , 1 -r, ! i.ill rli' n 'r,St b. 4~,rt1 cn in, r RY rQPAsaA AulQ9gl Mrtor 7.In i' 1. ! !,l 1 1, N 1, 1 on a ti ~ °Y A4>~ 1 pFo NpijtY ' Ar:~ f S$,ti9ri bY; f~l~'9Pof4d Sub- t, I T 4 ' on motor oncerning Labor Standards ailu Prevailing Wai;o Rogviromonts, Form IIUD-1422'a Apprpwii,1, uft,the, propo:ad,subaontractr,,Award dannutIbn itivon by rho Ownor unless and until tho proposod tsubcontractor has cubmitt.iId tho , .,,r l CPxw1l,1A4tt~ons, and/or, othnr,evidence, siminguthaVit! hno fullyf coiAplioil with II Any, roporting,roquivemontsito whiaMit rid.orlwAa,aubjtiotvl , i'-,i!^l ,1',s 'f tl} ~esly 1-)Jil, I1J ~7f ,II tS r'. 14 'i H,i . Hrey+irtlp„F'fl jog#)pbop)p~9J:, , nil) . 9 . Jail r,nG Although the bidder is not required to attach such Certification& b s eubtontractors,to hif btd,,the bldderis he;e,advl ed do 9f by proposed sDpropriste actlon'cari 16 G' taken to prevent subsequent delaig reg4ireaent so that y in subcontract awards. 4: „Ttfe~rcph'ic'kodifitdifon Any bidder miy'i6dify his bid by telegraphic communication at any time " Pr of to the scheduled closing time for receipt of bids, provided such telegraphic icommu- nte tioh is received by the Owner prlor'io the closing time, and; 'provided further, the Owner is satisfied that a written confirmation of the telegraphic modification over: the~signsture of the 'biddiJr lres s►iledtDrior to tAe'6lbllnp time. The telegraphic communication should not reveal the bid price but should provide th`e addition""'or'dobtractloh br'othii modiflcatidh'so lAdt 'the-j1h1Y prices or terms will not be 4aown by the Owner until the reeled, W4 is~,o 5ened, It wgltten confirggtlon Eie, not received Y1(ha ~ Wo 'days' fj6o (be elosing tfiie, no consideration will be given to the telegraphic aodilication, 5. Method of Bidding he f•n!erJ i11Y~ ~~tl~rha4~tollOw~Atlbid~ali. .t.t.Jt X ! $ndW1s8SoretmprQYgWgnt I 11 q tq R4d4e1 1 ;ttg~t pet~'~~n; t`ae DrEgZai?d Artrncats I,~ Ir, f!t 'Ir,. t iic E.111 ,'IIt '1,~} Qualififil li of Bidder tht+'Q " 6 er msy,aall;0 such Investigations, as h4 A4 o th e+ea neeessJ,ry te'detbreilne the ability f r eF o r ihferratibti s4r ad' todaEafo,r thisp""urposeae~h'e bld,ger ahgll. f}+tnieitltoithe:Owner all such s the Owner ,may ,re94cet., The Ow'ndr, reserves the right to reject any bid if the evidence subn!ltted by, or investie ion of, such l5idde'r' U116'tollstidW the'OwAdfrthit' iduCh biddei, tilt' 4 eriy 6'itiJtfti`f' carry out 'the oblitatiens,df 'the''Cbiltrsdttend to' cb1~b1'ete the V6rk co6`lem llt`tsa ther m. Con- ditiontl bids!sill,not;bblAbelbtdda,` Il!i 1, l rf I. 1, E.1,)i,,!11 .r7 'i E! i!i i It 1 1 l I t 1 'I{ .1 r' 1r 'i y , t 74 , Bid Security Each bid must 0 accompanied by cash fertlfle the k of the bld4er` ~r ts'yld~bond i petbs'red"f~a`~ttif' fdMi,1Ul`htd'kond"itt~ch~d''heEa a y 'the and ha'vih'y` h'b';buillt`~+ t~'e'rhbn! s't llviiyll a'dhy. a`ppi6viA'Ui"Nebdwn'e r, aIn the aAOYpI,IOf Sato(,tilp,,bl,4• ' $qch cgah, . chvvg 4 or,bid bonds wf II be i'etNth, ed ,to all ex- cept the three lowest bldlers flthiq, th,re'o 0sy0 ;t.l;,gr,lttte opgnIns of';blds, and the remaining cash, checks, or bid bonds wall be' retu-!ned promptly after the Owner and the accept d bfdder have 4jecy*ed the con F ~yapt, no, afee4 hag.bgn made within 10~dayi'iflere`Eatd b t he ovenin 61, i e 6b66 '4i nd 0i '0, bid s thetalftdr, i0' yod~ el lit no'' br n'dtl , 1 ' lec¢' dt'4lit d h' r at any time .:~,e n (~ed: 'o~ the t i"t`I~s bid. d, L14uiddted,0dregee far Fdiluio to "Enter Into Cante'dci, JThe, sy.coeasfulibldder,rlupon .hia fill lure',or rd'lusA1`fo!floduia(ddd'dol .ier the con- tract and hartdr, tequited`!within' ]Oldiy■ aftif,he,! hi''~,recelvia utic!','bt the accept- ance of his bid, shat tr+rfelt to the Owner, N I l uidated damages for such failrre or refusal, the secur?ty VdbbiltWilllb''hl'dt b'ld;'' 9. Tire of Completion and Liquidated 1)oroges Bidder suet agree to commence .ork on or before 's'datb 'to t+e''sa6'cfaid"In 1 ~ir!}tsn "MO Ic t Proceed" of the owner and to fully complete the project ober 497g_ ' DW40r' ab'et' at~ei,d'hao to Pay as liquidated damages, the suet of C-41 1i' t calendar day thereafter as hereinafter Provided In the General Conditions, ! r r 10, Conditions of Nor! Each bidder must inform himself fully of the conditlonk relitint'tai''tb'6'con- struction of the project and the employment of labor thereon. Failure to do so will not relieve ► successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of his contract. Insofar as possible the contractor, !n carrying out his work, must employ such mettods or means as will not cause any Interruption of or Interference with the %10 ~A of any other contractor. ,II :,i;;;{,ii ~r.t ~~(~4Ad4tA0~t~+}tltrPi*t9tions:,t; •t1 , i,,a,,ilt; .11 ))A ~o1ts 1(.. lu :gilt .,~'ri ttrtt ('..t t,!? !n~ r,u7tri!:t, ir:r}IIt!:~ NA,;nt4rpFStatlos,4t the t'mean ids :of)the }PI ans; 40461flcft16ni-4i',bth6VJra-b!d , 0oolfents will be.msdet:to+ dny ibldder 6rsl li*. !~;J Mr v, r,! I "OH . ! ,t,1r.711 t Every request for such interpretation should be In writing addressed to Randy Coss tevene )t0'1 } 91tIfG6ta 1L?'0n} i'~ 1u };t,lkt.A }i • at 215 'E. McKinney ~ M4, tot.ae gi.v,en ;considerattonimust bef reicelvdd frt lsadt' 'tlve'>daN4'p~for~ Ito the dgt,44lx944orM4 opening,of bidsi,),Any'and 'all,eubh'lhtirVf6t6t`Idnb' d'dd any ,9upplem4gtsl tinAtructions ,will be-in.the torsi'of~hrlftdrt,s'dd!'A'dd"f6"th-6'}speci- i , „[lc~tlons,,wgich,t It:iasued,~ will be ~aa11e'd by'~ciititi'e'd,,,mifP *ithi i'tYuh' re. i-, f Q41P.t,re444st4d (to all !prospectiv'e bidders is thb' id'spectiv'e "dddWsdst"fur- nished;for;:eu0x puJ'Posea),,I not later, than three daysIVrltir to' th'd''(1`06 tf'ixed for ,t,hq-ppening of,.bldir, tr Failure of, any bidder 'to, rcoviwi atty'Wbcli''iddehdum or Interpretation shall not relieve such bidder frog any obligation under his b d as submitted, All addenda so issued shall become part,'o6lb'e' d-iWeti tl'heumYts. 12.~i,SecurifyJ for Pa~i6fYt Peeformionbi,t'r' ;Lf;l ~n a,.lrE,=Y;t ~ S tt vr:l to ( •,;'7 ifti•, 1t,11t7 f,~,tJ1 t at nultancouslyt with" h111 delivery"of the exb`akedi tofitridt, th'e'Cbh1fficiVf shall l , i t•furoieh- a aUrbW bohd ors boonds hlis aetb'rity, f6Y` fit lh(tii"~tblfbErfEil'LtAt'~ft`ttiie contract and for the.bitmeht bf hiltp'etsdhe"dlffdfAlH,Ylbbb't'bn''tri'+ $r6Uct under this contract and furnishing materiels In connection with this contract, as specified in the General Conditions Included herein. The surety on such bond or bonds shall be it duly authorized surety company satisfactory to the owner. 13. Power of Attorney Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond • a certified and effectively dated copy of their power of attorney. - C .t a .4 14. , ~1'oti,ce oJ. Spee(Ri C,4nditions , Altentl~q l4 p.artfcularly called to those parts or the contract dotusen'ta and sPeciliNktionq which deal with the following; , I ''I I i0 (a) 1,lspeetfon and testing of materials. (b) Insurance requirements. (c) wage rates, (d)14tptpd, A)lpFsnoes,, ; ref. ,1~ :f 1 ~ r;! .,.~t 11 d iaws and Regulations The bidder's attention is directed to the factl thit}alllibbii~dbibt'oti`tI lsi}i. municipal ordinances, and the rules an¢.regulations of all authorities having J,u~~q~,fc411oa,Pt4f',ggAgtruct,ton igf' tbe}proJ/at shall t,ppl»+te+thilddetridt throughout, and they will be.deemed to'be-+inaludediin thf dddtridt"the"tlare as though herein written out in full. f!~ Irf }r~!IV!I 11JSiZ1 )'9lrj'f '.!JII~ ll':+U:, 1h~ ~'.9i!i'y} '~I9 y~[ Melhod of Award Lavest Qualified Bidder { 14,.44 ,tbj:.4i'a kthi*;.contract .te to bs swarded,l the lowest +btds bi'd dub'Mitted If by, 4.,r,gspon,;lbIa bidder. does {aot'excesd!We~amount 'of fu'n'de'thin roitimi[E'ed by tkg 0vger, s.?4vall4ble to-fin.ance,the coatreot, the 'contract !*itI bd't*t rde!!' PA Ah,g 4444, 04 0111Y.- t 11, such +bid exceeds such snount.f We '0'wner'afay 141 ect ,ai1,_b144,Pr stay, &*Ard, the contract on the base bid 'crmbinfd with aueh''de'ducti- ble• ,44ter0atea appt}ed,In numurloal order' In :whloh -they are'jl Iete'd iln' th'e Fora of ,pld,,,as (rrodgces, a, not amount Which Is within the' bV'allablb"fund's. "I r,t r I i t; 1 ,'~i1!1 ! r l: (t;J Y, t :}j '1 k: t ,i 1 1e,~t1 { I ra9r 1", !1 iH I':'I •(7 . 4pl~ga,t,ian~ oJ~6 dde_r7 , , z ~ ~ ~,,,a ,1, ,1, , At tho time of the opening of bide etch bfdder,'will be, bresbmed to have In•.S1 spected the site and to have read and to be thoroughly familiar with the plans PnP-00~,•#4ef'tOOCYRRPt•a•,(Ine)polo& all Adder}Qa)i,:,The!failure! or,onltibion'.of 4Pyf 4i•~dRfi;7t,0}f#gmlgQr+f$Xi f4rPs,$Aotrument ox, document)shalII In noway! eelfeve i'spy, Pyc9plt6FFljnAn, fe}pec.t of hlsrbld~r7~i 1',} ~:Inl l:rr,l~r~~, {qtr •~.11~ r,, 1•. i I, , ifi~f' ( }1-.1 r. i a,'~) f-ii !!'.I J!.. „i' .,T l , i (I! r i 1 7 I'1 ,11• 'It to 1) 1 1 11; 7 II!ii t r' ,.:i•II1~,) }<1 ~,~I,nj , •1'i'ld r7 }1+ '!#Il ).'l1- ;a,r.i:! s!1= Cyr ;!hu~s~} .1,4171n11r! Su ii,:!} !ll r{nl .1 a,', (Ir~~1,17 'al!'; !-,}i1it~,~ rl &W oment to Fore HUD-G238-D(p) r*.ORMA7I014 FOR BIDV,?RS 18. SAFETY STANDARDS AND ACCIDENT PK--rrN7-10?1 With respect to all work porfor,w d under this contract, the contractor shallo If Comply with tho safety standards provisions of applicable laws building and eonstruotion codes and the "Manual of Accident Prevention in Construction" published by the Aseaciated Coneral Contractors of America, the requirements of the Occupati%nal Safety and Health Act of 1970 (Public Law 91-596), and the requiremonts of Title 29 of the Code of Federal Regulations, Section 1518 as published in the "Federal Register") Volume 36, No. 75, Saturday, April 17, 1971. 2. Exeroise evsry prooauti-n at all times for the Drevention of accidents and the protection of persons (including employees) and property. 3. Maintain at his office or other well known placo at the job site, all articles necessary for giving first aid to the injurod, and shall make standing arrangements for the immediate removal to a hospital or A doctor's • oare of persons (including employees), who may be inured on the job site. In no case shall employees be pormittild to work at a job site before the employer has made a standing arrangement for removal of inured persona to a hospital or a doctor's care. SID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned,. JAGAF-P[IRLTC CAMPANY__ -se Prinoipal, and SELECT INSURANCE COMPANY as Surety, are hereby held and firmly bound unto-----CITY OF DENTON, TX , as owner in the panel sum of - FIVE PER CENT (5e1 OF THE AMOUNT OF BID for the payment of which, well and truly to be made, we hereby jointly and sever- ally bind ourselves, our heirs, executors, administrators, successors and assigns. signed, this 14TH day of JULY , 19F27 The condition of the above obligation is such that whereas the Principal has submitted to CITY OF DENTON a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the - PAVING. IMPROVEMENT - RUDD I,STREET IN _ CITY OF DENTON, TX NOt, THEREFOR, (a) It said Bid a+aall be r.tjected, or in the alternate, (b) If said aid bhall be accepted and the Principal shall executo and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful per- foraence of said contract, and for the payment of all persona performing labor or furnishing materials in connection therewith, ind shall in all other respects perform the agreement created by the acceptance of said aid, i then this obligation shall be void, otherwise the same shall remain in forco and of- feet; it being expressly understood and agreed that the lia,ility of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this ob- ligation as herein stated. • I Previous Editions Obsolote e The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no ray impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WH EREOP, the Principal and the Surety have hereunto tet their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above, 13Y: ice SELECT INSURANCE C,MPANY BEAL BY., Willard Crotty, Attor 11 -in-fact ELL! Uq) Tf ; la;):,:.,+' ti DA:: k-',, 1 TH. !214; JA4•4 , • Oro 001.1•$ POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: Thal SELECY INSURANCE COMPANY, a corporation of the Stale of Texas, hereinafter called ft IT1011 y, does hereby appoint PORTER ELLIS, WILLARD CROTTY, JkiES No POWERS, TOM P. Er ',[So III, CLADYS EASLEY, PETER A. PUSH, WILLIAM G. KLINWN, WILLIAM B. ST EI.E, JR., JOHN E, RATLIFF# WILLIAM D, BIRDSONO, DALLAS, TEXAS its true and lawful Ailorneyin•fact to make, execute, seat and deliver on Its behalf, as surely, any and all bonds and undertakings of Suretyship. The execution of 1.,,ch bonds or undertakings In pursuance of Mese presents Shall be as bonding upon the Company as of they had been executed and acx.newledged by the regularly elected officers of the Company. This Power of Attorney is Issued pursuant to and by authority of the following resolution of the Board of Directors of the Cont- pany, adopted effective September 29, 1981, and now in full force and elfil l: "Regelved that the Prevdahl orany V ce Pcosldent orany Secretary may appoint Allaneys•m lacl many filate, twill" at Federal 01sb cnoespreolennh s cn,nu^r end fo act an 0$ behalf teJh,n the scope of tM authority granted to them in writing, v Nth authority may include the oowsi to malls, e.ecuie semi mri dower on penal, or tins COmpeny as Wholly, and of elf act and dead any and all bonds and undenakings of SuFtlyship and What dotumMta trial the ordinary OOuFSif )f guilty businass mar f mil-I Including mutharity la appoint agenta lot the sarv,ce of process in any tuhad,CliOn. Stae• or FedeFsl and aulhOfily to atlzt Id the signature of one praa,derl or env Vice Press. dent or any Secretary and to verily any alt,datil or other Statement rel. rmg to the f0l"oing, and to certify to a copy of any of the bylaws of tM company and to acv rHau- bans adopted by its Board of Diselonl and any such Allf fnaytn-facl may be fernoved and the aulhOnty granted him revoked by the Pras,deht of any V,ce P•eudenr ar any SeGer" or by the Board of Moors This Power of Altomey and Certificate of Authority is signed and sealed by facsimlle under and by authority of the loliowtng reso• ltion voted by the Board of Directors of the Select Insurance Co. at a meeting duty called and held on the 241h tat July 1973, Roared that the signatures of Warren of Kwedar, Pretadenl, or of Frederick Bogs, Son or vice President. of of Arthur C Wooden. V .coq Pralvdenf, or of Jlrct w Inlay. hard, Vice president, Of o(Wrlhom E cotton. Vic. + coa,Oe',t, w of Douglas Simpson. _Lceetaq or a; R C FStheraton, Sftfoimy, and the meal of the Comcony mar of afliow by facsimile to any power of alto noy or to any (Ad cats relating Ihefeto appointing Arlol neys•m•lacf lot purposes only of e.etuling and atfemUng bonJS and unnp"o,mt and othar wnings obtigsiory in me nature Invmol, and soy such power of attorney or certificate bearing such facsimile d,gnalule of facalmae Seat most be valid 414 binding upon the Company and any Such paatr SO enculed and t frilled by such laustmda Signature and facsimile seal shall be valid and binding upon IM lbmpan, n red future with compact to any bond or undatak,ng C wh ch it a altached " ~M,1INNNNhq,r,r Ifol4ANdm "prell the Company has caused this Power of Attorney to be Signed and its corporate seal to be alfixtd by its authu- AWJ-0ifket•fitrs, 14th day of January fg 76 f . ; ~ • f~ttc,y, C t 't By to t,>, JACK W, MAYNARD $ . t'' 1t t, a' ✓ VICE PRESiDENt S7 TtOF1116AS ss: COUNTY OF DALLAS On this 14th stay 01 Januaryy Ill 76 bolore me, a Notary PRJc of IN, Stale nod Gmnly oIoresa,(l ies,d,llq 1141'e-n d.ar, Commissioned and ewnai, pprsun illy COMMAS abive hahwdf,l flcer of Ins Cornpany, wtlo heinq by me first duly sworn accur J,nq to law. did dep w amJ sa, 11,d ne Ix Ihut ofKatof the Company des: Qwd col and which e9eL4tofl Ile,oregfnnq oimlrument, that he khows Ins anal of the Company. Iii the spat ,fluid to a,p n Inytr~in„nl .11".. corpasto Xal of Ina Gnnfp,Fly. and Ili the eorpaata Snell,tnd AH s,gnaluta IS sorh 0111cer ware alli.ec anti Suuscritled to fire said InoiliurtwN by Ile a.o owfdy 1A di,ectlai of the Company 4SIALP CLIFFORD R. BEARD M tterKl`1ij~y)t'MPiraf the lot day of June is 77 NOIARYPUBLIC CERTIFICATE the unQeiS gned, do hereby coolly that the original Power of Attorney of which the foregoing 1s a true and corrvel copy is in full rtaeAj rLSj)ycll'and the foregoing resolution Is a true and collect transcript Irom the records of the Company, and that the above fa f e~ w3s.or1 the data of ekecullon of the foregaing Power of Atlofney suthcrhed to execute this Power of Attorney ! . 1 t,tirt I. I h9ave hereunto subscribed by name and alfixed the corpDtale seal o: the Company this day S 1 Vol ISE I Nrr,I,i.NeiF /~(J r" E1aJ,xAa 6tkdl Gpft corm aerrroan SLPAEFARY DEFINITION OF BID ITETIS The following technical specifications pertain to !specific bid items which correspond to provisions of the 1972 edition of the Texas fli hP, waY Department Standard Specifications for Constructs on -of highways, Streets and Brid es. Item 100 Preparing Right-of-Way This item shall consist of preparing the right-of-way for construction operations by the removal of all obstructions and disposal of the materials at locations provided by the Contractor. This item shall specifically include the removal and disposal of all concrete slabs, curbs, fences, trees, shrubs, stumps and other landscape features not designated far preservation. The existing house and its foundations shall be removed by the paving contractor as a part of this bid item. Payment for the bid item "Preparing-Right-of-Nay" shall be on a lump sum basis. i Item 110 Unclassified Excavation Provide labor and riquipment necessary to excavate materials to the grade indit.-ated on the plans. The Contractor shall stockpile sufficient suitable material to backfill and level areas outside the actual limits of the pavement. Excavated material which is not needed for filling or leveling on the actual construction project shall become the propeYty of the Contractor for disposal as he sees fit. Item 260 Lime Treatment for Kterials in Place This item shall consist of treating the existing subbase by the pulverizing, addition of lime, mixing and compacting the mixed material to a 95% compaction as determined by test method TEX-114-E. Payment shall be based on a square yard measurement for a section of 6" thickness. A minimum of 166 of lime shall be placed per square yard utilizing the slurs method. Density control will be utilized, from the H g way specifications. Payment for the hydrated lime will be com- pleted by Item 264. Item 264 Hydrated Lime Type A, hydrated limn, will be measured by the ton of 2,000 a pounds, dry weight-. Placement .and mixing, of the limp, slurry will be paid as a rt of Item 260. • Iten 340 5" Asphalt Pavement This item shall consist of a 5" total depth asphalt pavement section. Payment shall be made on a square yard basis, in. place. The section shall consist of 1 1/2" of type "D" as- phalt pavement wearing course ,laced on a 3 1/2" type "G" asphalt base. Coarse aggregate used under this item, for 5/8" size and larger, shall be crushed mineral aggregate. AC 20 grade asphalt complying with THD Item 300 shall be used. In place density shall be provided utilizing THD Bulletin C-14 speci- fications and methods. Asphalt material shall not be heated to a tenq)erature of more than 350OF at the plant and shall be placed at a minimum temperature of at least 2500F. No mate- rial shall be placed when general weather conditions indicate an air temperature of less than 500F. Tack coat shall be RC-2 cutback asphalt. Type "G" paving mixture shall have the following gradation: Percent Coarse 'rased Base Course By 1•Teight Passing 2" sieve 140 Passirig 1-3/4" sieve 95-100 Passing 1-3/4" sieve, retained on 7/8" sieve 15-40 Passing 7/8" sieve, retained on 3/8" sieve 10-40 Passing 3/8" sieve, retained on No. 4 sieve 10-25 Passing No. 4 sieve, retained on No. 10 sieve 5-20 Total retained on No. 10 sieve 65-80 Passing No. 10 sieve, retained on No, 40 sieve 0-20 Passing No. 40 sieve, retained on No. 80 sieve 3-15 Passing No. 80 sieve, retained on No. 200 sieve 2-15 Passing No. 200 sieve 0-8 The asphaltic material shall form from 3 to 6 percent of the mixture by weight. All material sources shall be tested and approved by the testing engineer prior to being utilized on this project. Asphalt material m_ay_ not be hauled from the plant, dumped on the ground, and-then re-loaded for placement. Any substantial sl)rtage in pavement thickness shall be noted by coring the finiaJied pavement, A corresponding price ad- justment for the deficient work shall be made by reducing the payment as specified oy THD Specification 360,11. Item 522 , Concrete Curb & Cutter Construct concrete curb and gutter as detailed on the plan sheets. Reinforcing; steel is not required when the entire section is placed as one monolithic pour. All concrete shall be a minimum strength of 3,000 P.S.I. at 28 days, lb e curb and gutter section shall receive an approved curing compound soon after tho work has been completed, Th,e Contractor may • use an approved curb and gutter extrusion machine, with or without forms. This bid item shall include all materials, labor and equipment necessary to place the curb and gutter as noted on the plans. Item 524 6" Concrete Pavement Construct 6" thick sections of concrete pavement at the intersection radii as shown on the plans, All concrete shall be a m{_i;imum strength of 3000 P.S.I. at 28 days, Reinforcing steel shall consist of 3/8" bars on 16" cente-3 both ways. Item S.P.-l Compacted Fill This item to include the placement and compaction of excavated material as necessary to bring the subgrade up to proper eleva- tion. The fill material may be obtained from the regular exca- vation which is necessary on the project. Compaction shall be tested at not less than 98% of the density as determined in accordance with Test Method TEX-114E. This bid price to in•- clude all costs incurred in hauling, placing, sprinkling, rolling and obtaining final compaction for the compacted ma- terial. Final pay quantities shall be computed in cubic yards, in place, by cross sectioning the fill area. Construction methods provided by Texas State Highway Department, Item 132, "Embankment," shall generally apply, i r AERIAL PHOTOGRAPH OF THE 5 SUBJECT PROPERTY r i 0 P •i ' r R'1 re f , y^ ..,fit, h It ! "14 1 3 •.x . r r r rV`y ~ y ' jam ! • 1 Larrw t Ilk 16 r ~ \T t rc~'~ f .fir ~ N 1. 1 lT'~ I~ 3~• ,f ~ . • 1+., rr~. f.; ~ ~ , 1, ti`~~' ~~I! ~ 1 a: ~~~'~"ti ~y ran. ♦ ~ ~~r / y,~, , r r •••~RR###111 • r y ~ .3`..r , 1~1 -.r~ r ~y~..,.w IT'', .f jd_ a ,44 r f f_ •r~ a,T' li ~ •F yy~~$r,~~Y~ R.`i r ~f~f~`~,. i/,,J:' y.' • i . T'~'ryw •1. ~ ~ ~ L~~~, ' :`f ~,i7 ~ ~t ~ CIS i ~'k • ' • L a+• a' - tom: y f'"f 'f. ri~l'">? r~.. mil, P I g0 . MORSE ST, It 1, R~+yA r y Aii r6 • PROPOSAL to VIE CITY OF DENTON, TEXAS For the Construction of. PAVINr IMPROVEMENTS on RUDDELL STREET EXTENSION in DENTON, DENTON COUNTY, TEXAS The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm or corporation; that he has care- fully the form of contract, Notice to Bidders, spec- ifications and the plans therein referred to, and has care- fully examined the locations, conditions, and classes of ma- terials of the proposed work; and agrees that he will pro- vide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work ind furnish all the materials called for in the con- tract and specifications in the manner prescribed therein and according to the requirements of the Engineer as therein set forth. It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is agr,aed that the quantities of work to be done at unit prices and material to be furnished may be increased or dimin- ished is may be considered necessary, in the opinion of the Engineer, to complete the work fully as planned and contem- plated, and that all quantities of work whether increased or decreased are to be performed at the unit prices set forth below except as provided for in the specifications. It is further agreed that lump sum prices may be increased to cover additional wort: ordered by the Engineer, but not shown on the plans or required by the specifications, in accordance with the provisions of the General Conditiona. Similarly, they may be decreased to cover deletion of work so ordered, P-1 i It is understuod and agreed that tho'work is to be completed in full by October 1, 1977. Accompanying this proposal iF, a certified or cashier's check or Bid Bond, payable to the Owner, in the amount of five per- cent of the total bid, It is understood that the bid security accompanying this pro- posal shall be returned to the bidder, unless in case of the acceptance of the proposal, the bidder shall fail to execute a contract and file a performance bond and a payment bond with- in fifteen days after its acceptance, in which case the bid security shall become t1v.. property of the Owner, and shall be considered as payment f,yr damages due to delay and other in- conveniences suffered !:y the Owner on account of such fail- ure of the bidder. It is understood that the Owner reserves the right to reject any and all bids. The undersigned hereby proposes and agrees to perform all work of whatever nature required, in strict accordance with the plans and specifications, for the following sum or prices, to wit: ' PAVING AND DRAINAGE IMPROVEMENTS ON THE RUDDELL STREET • EXTENSION PROJECT Bid Item Approx. Description w/Unit Prices Unit Extension No. Quan. Written in Words Price Amount 100 Lump Clearing Right-of-Way Sum for One Thousand Dollars & L/S 11000.00 No Cents Total Lump Sum Price. 110 234 Cubic Yards of Unclassi- fied Excavation (Density Control) for One Dollars & 1,75 400.50 • or a is !a . Cents P-2 r r r w r r r r r r r w r i r r r r r r r r r r~ w r r w r r r-- r .........rrrrrwr Bid Item Approx. Description wlUnit Prices Unit Extension No, Quan• Written in Words Price Amount ...rrr e..-rrwrrr►-rrrwwrrrrrrrwwr---rrr-wrwrrwrww-rr----------r 260 950 Lime r h Treated Subgrade (Density Control) for No Dollars & .80 760.00 8i ht Cents Fees quare ar . 264 9 Tons of Type A Lime (Sub- grade) for One Hundred gigl%llars & 103.89 980,02 8i ht nine Cents er Ton. 340 725 Square Yards of 5-inch Asphalt Pavement for Six Dollars & 6.00 4,350.00 Cents er Square ardr Lineal Feet of Concrete 522 650 Curb and Gutter for Three Dollars & 3.00 1,950.00 No 'Cents Per 1. nea Foot. 524 15 Square Yards of 6-inch Concrete Pavement for Thir Dollars & 13.50 02.50 Fift Cents er. gttare Y;ir3; S.P.-1 75 , ill place, Compacted Fill Twa Dollara & 2050 187.50 - . Fift Centre TOTAL SID PRICE $ 9,839,51 e TOTAL BID PRICE IN WORDS Nine Thousand Hi ht Hundred Thirt Y Nine Dollars And Fifty One Cents In the event of the award of a contract to the undersigned, the undersigned will furnish a perJ'ormance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and neceptance, and to guarantee payment of all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plars and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final, • Unit and lump-sum prices are shown in words and figures for each item listed in this proposal, and in the event of a discrepancy, it is understood that the words shall control, c, b/ c; C .o rn 10 V n Contractor y By (T t c erect n~li(res8 74 L_ 2 • CLLy nncl Stnta 17 25d'/ 'la 01.16ile Nuo-slt3e-co-s (fr66) • U. S. Of PARIMEHf OF HOUSING ANO t,'RBAN DEVELOPSrtNY 'CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY INSTRUCTtONS This certification is required pursuant to Er -cutive Order 11246 (30 F. R. 12319.25). The implementing rules and regulutions provide that any bidder or prospective contractor, or any of their proposed svbcon- tractors, shall state as on initial port of the bid or negotiations of the contract whether it has portici• paced in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether 11 hat filed all compliance reports due under applicable instructions. Where the certification Indicates that the bidder has not filed a compliance report due under applicable Instructions, such bidder shall be required to submit a compliance report within seven calendar days offer bid opening. No contract shall be awarded unless such report is submitted. CERTIFICATION BY BIDDER Bidder's Nome: Address- F, A w e o aYf~ 1. BlMer has participated in a previous contract or subcontract subject to the Equal Opportunity Clouse. Yes K3 No ❑ 2. Compliance reports were requited to be filed in connection with such contract or subcontract. Yes i No B 3. Bidder has filed oil compliance reports due under applicable instructions, including SF-100. Yes ❑ No 0 None Required iix 4. if answer to item 3 is " No," pleose explain in detail on reverse side of this certification. Certification - The information above is true and complete to the best of my knowledge and belief. { GI G, Ricks PresisLnt_.~__ NAME AND INLE Or sraNEF (PLEASE WEI / i i ' 1--e 12 - 7 -e, 7 sioNATunr aA1E i'I'rvtois Ertlttons pbr;u{rl~ r,~n ~ _ Iee,y vh TORSI APPROVED HUD42I8.C0 2 BUDGET BUREAU N0. 63.Ri1Sb 17-411 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CERTIFICATIEQUA` EMPLOYMENTBOPPORTUNI CONTRACTOR YREGARDING Ja oe-Public Com an Ruddell Street Extension PAOJCCT No. NAM[ OF PMiMS CONTRACTOR 10ikuCTIONS This cerlificatlon is required pursuont to Exec, live Order 11246 (30 F.R. 11319.25). The implementing rules and regulations provide that any bidder or prospeci; ~e contractor, or any of their propostd subconlroclors, shall state as on initial port of the bid or negotiations of the contract whelher it has parlicipoled in any previous contioct or sub- contract subject to the equal opportunity clousep and, if to, whether it has filed all compliance reports due under applicable Instructions. sub- lstruclions,such subcontractor r -loll be required to submit a compliance report before the owner approves applicable contract or permits work to begin under the subcontract. SUBCONTRACTOR'S CERTIFICATION Sebcontroctor's Name: Floyd Glenn Smith Concrete Contractor Address: n Rok 1781 .pQI114~ r,...n^ 76201 1. Bidder hot participated In a previous contrast or subcontract subject to the Equal Opportunity Clause. Yet CJ No 60 2. Compliance reports were required to H filed in connection with such contract or subcontract. Yes Q No ff3 3. Bidder hat filed all compliance reports due under opplicable instructions, including SF. 100. Yes Q No l) None Required gi 1. If answer to item 3 is "No," please explain in detoil on reverse side of this certificolion. Certificalion - The information above is true and complete to the best of my knowledge and belief. Floyd Glenn Smith - #4 A, Me eNO rime or uoNeM 190;jd r1 '1 11 I'll 7 1 *4a 7-21-77 aAte Lv ious Editions Obsolete Hunw..a,., M C. tt»eaP ~i 8 SPECIAL EQUAL OPPORTMTY PROVISIONS A. Adtivitios and Contr. . f ticts Not Sublect to F,xoc»tiV6 Order 1126 Amondod (Applicable to Fedorally assistod construction contracts and related subcontracts under $10,000) During the performance of this contract, tt,e contractor agrees as follows: (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sox, or national' origin. The Contractor shall take affirmative action to ensure that applicants for employment are employed, and that amployoes are troatad-during employment, without regard to their race, color} religion, COX, 'or national`origin. Such aotion shall include, but not be limited to, the fbilowi g employment, upgrading, demotion, or-traristeri'reciuitMnt'or°k~Aor~Si}in~nt gcivertisingi layoff or torminationj rates of pay or other forms of componsationj,and selection for training, including (2) apprenticeship, and epplfcan ,td,for et~p I'Ae t,`tioti~eautopbecprp{~idAdlbylC4n` ployees rsettin ror hr se 11 ('Ling Officer th ptovisibns of this nondig6natiort"olau0" The Contractor Mail' state that all qualified 'applicerits ' 7l, A6ca o ronsidera- ti6h for employment -41thout regard' to taco, color, 'r" gionor national origiti.: (3) Contractors shall incorporate foregoing ~egirirements in all, subcontracts. Bi d6ntra6ts Sub ect to, Ekeclative. Order 1122,6 as Amonded "(Applicable to Federally assisted`;construotion contracta'And xel$tad subcon- traots okiee'ding $10000) During the porforma nc'e `of this 'contract; the 600traotor agrees as follows; (l) The Cont setor will not discriminate 'against any employee or Applicant f.-r 614 to p y►~►snb bb'causo'of race,' color, religion, sex' or, r6atiorf9`1 origin. The Oorlt 4iotor'14111 take 'affirmatjVe sotion'to ansur~ that a,Pfl cants are employed; and that employ`trjs are tre'atdd during nmploymtlnt, , t} out regard to thoir race, color, ieligion, sex, 'or national oiigid. 'such'action shall. include, but not be limited to, the following; omploymont, upgrading, demotion, or tranofer, roeruitment or reeruitM6t'advartisingj-layofi or' terminat#nj rates of pay or gther forms of componsationj and sQloction for training;' including appronti;ce:iip.' The Contractor n r`abs''to post in connpicuolib 'places, available 'to anployoes and appjicapts r-ehplnyrmnt, notices to bo provided `by tho 'oontraoting ofticer''sotting toAhAho pro- visions of thin nondisorimination olause. (2) Tho Contractor 4111, in all solicitations nr ndvortisumonts for omplo;r103 placed by or on 6nhalf of the contractor, :;tato that all qualified appli- cants will rocoive consideration for employrsint withou',; vagard to raco, • color, roligion, sox, or national origin. Er. (3) The Contractor will send to each labor union or ativo of xorkora with which he has a collective bargaining i0prerent ,a iomgnt or otativO of or or undorstandiag, n notice to bo"providad by the Contract Compliance Officer adv$ping the said labor union or workers' raproNentativos Qf; the COffice- • tors c~titment'undor this section and shall post copion or the notico in conspicuous places available to employees and applicants for employment. (14) 7w Contractor will comply with all provisions of Fxocutivo Order 11216 of Septombor 21,, 1965,,and of the rules, regulations and relevant orders of the Secretary of Labor. (5) The Contractor will furnish al;i information and reports required by Executivo Order 11214of S6ptemb3x 2ho 1965, and by the rules, 'regulations, and orders of the Socro,tary of Labor, or pursuant thereto, and will permit to his books, r% lyds~ and accounts by the 1bpartmort and thermit Soorotary. of Labor'for purposes of ir~vostigation to ascertain compliance with such rules; rogulations,,and ordoxs. (6) In the event of "the contraotorts nonoompliarsoa with,tho"nondisarinination olausos of this •contraat; or with any of. such rules, re$ulatiop$,(q orders, Ahil+~g,ont'raot may be cancelo,d, terminated oi . - +q rr ands `t'0, ntr44tier Z~ayrb4 deolarod'inelQibleor ,,d in whole,, or in part, tricts o federallyr`a s6 stgd.'constm.ction coz4ragt pr 9duOres4a thorized- fn ExdcutivQ;order•112(~d`of. ,ptember,21~ 1065, or b lation, or ` ordotl:d 'the Seoro tary of Labor, or as otherwise provide apy,j qW. am; ~ , , on ract6i.''wi1Y moludethe portion, ;'It coding ` 9 sontonc© paragra}i1i,(1 an the immadiat6tely'pre_ d provisions.o every subcontract or Paxagrapl} (1),.,throu , purchase ordor'unloss exempted by rul©s;•-rogulaLions, 9r,oi1pro of ,the $ecretary of,Labor issued,purquant to.Sootion;004,o Executiva''6rder 112h6 of Soptember A, 1§65f so t4at pU h be binding upon each subcontractor or vendor;-~-The Contractor willptakll such action~wi.tn,?espgct, to any subcontr4ot•,or pure haeq pr Or as ;the Dopartmeni'may direc as a means of enforcing such provisions,`including sgnctions for noncompli,gncec ,.Provided, however, that i o COIF raoto#l tiocomeS 'invglvod. in,, or, is throatone ~rithp l t ntwith a sUbooniragtdr or vendor Ias'a result of such ,dl,roction ' i h~ 'i'o the Contractor ma Y,t . Wpartment, Y. qua t'tho Unites States to enter into,s4o,h,litigation to.pratoct the intoros~ of tho.Un tad sta,tos. " Nome o a 6r 1mpo'ed P1arls i In areas where a hoM town plan 'or i.mpoeod 'plon 4a,, oporativ©, the Community Tbvglopme6t1104 Grant Rooipiont must contact thn alJpraoriat~, Ill n Equal 1 11 Opportunity 049,o for spooifla instructionq, ' r. D, "Soation srt Cam liance in the Provision of 7rainin F:m to or w esi nt and Business :.wring the porfonnance of this contract, the contractor agrees as fo (1) The contractor agroos llower Housing and Urban to comply with the roquirornlnts of Section 3 of the Ilovelopm)nt Act of 1968 (12 USG 170(u) as ons issued Puroula cab a rgulesiand orders of EEUDn dr t thereto at issued thereune Part 13'5, and the 35, and any appli- (2) The "Section 3 clause" sot forth in 211 CBR 135,20(b this contract, as set forth in Paragraph 1 of the03neral Conditiopt,oP "Contract and Contract Documentsrl, (3) Contractors shall incorporate the "Section 3 clause" foregoing requiromonts in all subcontracts, shown below and the Seot~ 3~Clause as Set Forth in 21, CFR 135,20(b A, "a work to be performed under this contract is on it project aulated un• der a program providing direct redgrsd D. section 'Me 3 cone in ev wlnl Inelods this Ananclal ass-ATIce from the Depart- work in connertl3n with the project and ment of fiousln ry subeoneract !or the ment and Is subject to the r~equtrcrmnts forlor rect iendirection tPoralft applicant of section d of the Housinc and Urban sittance, lake • r motion r1 as• Development Act of 306t,raAmended. ld ant to the subcontract up aocuon indin- U,s,e. 1701u. section d requires that to that the subcontractor it to stoiction of the greatest eakat feaalble o n a finding Iles for training and employme type Housing andatT ban the ttven lower Income residents of the CM Deveb 11 not s of project area and contracts for work in contract with any iubrcontractto►owbtr. connectlon with the project be awarded It has noWe er knnvledes that the latter to b ina+ concerns which are located has been found in violation of reguls. In, or owned in substantial part by per. abyss under H C!R - 44!!%A . s reylding In the area of the protect. let any subcentraet unless and uwill b not D. ]o a partly to this contract %jit tractor has flat world:d it afthabpre Comply mith the provlrlon+ of aald see, llminary statement of ability to comply Lion a and the reguistlons issued pursue with the requirements of ant thereto by the tiecretery of liowing lationR. theme retu• and Urban neveir, Melt set forth In 94 CFR R. Comirilltnee chi le with the pprovisions rom of and all anpllrable rutsd and section J, th regulatlons set forth In n is orders of the nerartment Issued there. C"t under prior to the execution of this con. orders of the Ikf sitmrnt luleed there. tract. The parties Ib this eontr_.! r.rtify under prior to the exeruticn of the and a con- tract, shall be a conrttllon of the yederal and r or other they under which Would Ananclsl assistance rrcvldrd to the prole prevent them from rr)mplytng with these ien for s z upon the applicant er r rs, most rtousremenlr, ent for such alure 6e, its suhose to. bsrC ono contiintar WIII send to each M. qand a snentd ' Failure foe a there re worker a11h lira h he hu • collergve recipient. aon subject the applicant or rkers ayrvht,, t or other rontIve res.It%a beontraetorsandaubcontrea or widrrslandlmt It In ranrtinn/l perMed brf the pant or loon oIner the saia`or oresnlrat onior work. atreem•nt or contract through which era renresentarlve of his commitments drre, LL, [stance Is provided, and to under this section d ctause and shall post such Iancllons as are , Copies or the notice to Conspicuous Places C1 R ids, pectrled by It available to employees and applicants for employment or training • ~ Y. • w ~i~.i,11N• ■ , 1M N 1 V gOJemYNtft' OSVSLO/NSN1 hCOCe erlaref /~Qeeer, CONTRACTOR'S CERTIFICATION CONCIIItING tAluiR St ANIliAkOl ANO PREVAILING WA'C IIII*itUINII r- TOfjt'rdYN,dr.'krryurN, j 6aet . ~ 7-13-77 Cit of Denton rMOJteI YVrKnflJayJ t rllot lee Mera - Community k)eveiopment Ruddell St. Improvements 1, The enderaigeed, having esecated a contract'. itA City of benton, Texas to the Construction of the above•Idealified pojetl, bchnowledhes thml: (a) The Lebcd Standards pic0lians raw Included In AD efoiesetd eonte•ei, (b) colreclion of may inflations of the aforndyd conditions. Including inflictions by any of his s.bconhac,ols an,[ any lower flea aubconlrxtas, Is his tv%pon%4b114y; He ke,filies thel:--. (e) Nelkhet he nor sny, firm, partnership or at.socia-iea in which he bile snhsmaltal Intrrrest is dvs;rn,ocd u. nn faetlitlIble eunttoctnt by the Comylaolle•r Gaaetdl t f the Unilcd Slatas pursuant to Scclton 5.6lbl of the GI val:.i nn.. of the Secretari of tabor, Pall S f:q UX. fart Slot pursueni to Section I(d) of Or omits-ft.con Act, u+ amended (40 U.S.C'. Y76w?la1R CO) No part at the faementioned contract has been will be subcontnrted to any subconurcla if such sub- contractor a a y firm, corporation, paltneuhipor assoelation is which each aukoalraclor has it suWantlal interest Is desli sled is an Inelicit/le confiactor ipursuenl to may of the ufaementioncd uguWLgy up statutory povlsfons, Ir I~ _ 3. fie agrees to obtain nd Inrr,aid to the a(oee•acnltoned eelpleni within ten days after the rseeutron of any'eulN:unt loeluding those sae used by his subcontiactoes and an low'et tirr subconl,stlors, a S.bCOnlraelal'e CtIldrr..tluo subro Siactr~t: Conekining Lmboi S aduids end PrtVailing Take Req iremcrits 6ce"Ard by the t terli le, 1 el: • a f)a name en s e aHn1f! a rlel e I r ran tYi,al t+r. J49op,J''ablic Company) P.O. Box 250, Denton, Texas 76301 aT Al r of ► III 1 4Mele 00,1400MteTea1141► HW Texas o(e) Of name, this and edd.ess sf thr Owner, rert.as a ellicen It the u+denitlned nu - Lb- 1002 Mistytcooll ~1, J. St-Jr. Chrmn+. Bcd.--- Deiitur~l_ 2414 oakridge Dr. G. G. Ricks President Denton-, Teas _ Jane Stabile Sec./Trecis. Denton, 1'12 N,%1-; Marshall Ricks V.-frosident Denton, TL,xas . Murry, k - riU 'Ir:t J b lfu n♦+il tdv,ult~►f 1!1 of(•fl f lyQnf. Illy 4et1'f', 0! ei,fae,e, A{.Ilq • IYIIIeM,ef 141totll ts lAt rndnt,OeN 41{l,k, Non ' /lire a0001911 Ki1bn yeactir (e) VIC nowel, edbnlel iR! bode 11e11dhi,lon/ of all ilAll Iwld'ny eowtvoliol coglleflpn.l! 14 4fll du'Ynda I lub1!9nf_g! inlnnl ere V enNr, ,n uu.X tllone signed Au l"Abe cl4 fltlcnvo - 'e i. I j N r.. .~do3PubYi Company D{r. July 131_1977 re«Lee1. w,~ aNfHC U.O. cllAlnel Ciir, 5ec114,1 1010, Tale l1, U,O,G, privilel In {h,eWin Part: °{'Aiev n..... We~e{i. R{{1, s, Willis el pYAIbAw any l, {Wetly the {ilne to be Idae Oall N hnei nil Well then I5.000 0, ITpAIenH nN yore IPiw 1.0 flits, of both.,' I f i r e 1: f f .1, 1._,,_.1~.•!'i i_1. 1 11;t > }'lrf14 e 1 ' • • , /ihi11 OJ. OL►AI I Mt NT Or I100i i NO AND VR$AN DLTL LOPMI NT M CONAIUNITy tl(TILOCMLNI FLOCK OMANI ►ROO RAY sUBCONTRACTOR'S CERTIFICATION CONCERNiNC LABOR STANDARDS AND PREVAILINGWAGE REOUTAEtACNTS DATA . TOffreppprlorr all City of Denton PAO)ICTNUMMle71j'+1T~ c/o Community Development en'ui~c ay St, Improvements 1. ThA undelelriied, having executed a contract with ' ~9 Pa curb a,rro~r.l0Ir t01.Y .Anlre fl Jr ^__f01-~7.-yrYI1 er YUr{ inlheamouatofs Ij924,00 In she conslructlon of the above identified project, certifies that: (a) The Labor Standards Provisions of The Contract For Construction' are included in the af,resald eonttacl. (b) He.'Ibel he not any firm, corporellon. Partnership or usoeiplion in which he has a oubsiohlial Interest Is aeslgnaied'as as lnrligiblo contreclot bythe Somptrollet ttri ml of the United SUfet pLtsuanl to Section SACO or the Regulations of 1%0 Secretary of Labor, Part S 1:9 C~'R, Pori JA or pursuant to sacb-on NO of the Davis. Bacon Act, as amended (10 (+.S-C, 7(da-2 01A 6 'No Part of the aforemen toned contract has been or will be+subcontracted to any subcontractor If sucle ssbeontreelor or any fit Or corporations partaetship of assaisUon In w")ch such wbronlraotot has a suhslsntial Interest Is osignated as aI Ineligible Contractor pursuant to the ofolnald IeRulslory at statutory PMVIIA004L 11! 2, He agrees to obtain'aad la aid to the contractor, fog transmilt I to the teciplent, vilhus felt days after theeiiecution of any lower xubcontiael,i ubcontiactor's Certification Concerning Labor Standards and Prevailing Wegs Requile- Minie, e►lculM by the low~r I"I subcontractor, In dupllcata iii (a) The workmen will repo'1 for duty on a about , Ne udili is that; 11) 14 legal name and the Svelaels eddran ef IM undersigned are: Floyd Glenn Smith Concrete Contractor Boa( 1781 , r 7 ~'i l ,(I l r - S the undersf net Ic - - III AIINOLE r nO►RI aTO Pi I'll UI A COR0vONATIONONOANIi1t0104 TN161ATIO/, lm l rlilA (v ~Ar1NE71an rr r,`.f r rf~jr 141 OTNp.1{OMOANIIRTIQ~dDf ItJ,, ..._.r..r Ir: t. (t) The name, title and sdd,ess allhe $*AU, padnrre or ol6cers el the wivil fined are: NAME TITLE ADDrt Eta y p NUO.1111 U-►al IT (d) TAr oorrl and odSeu+l d 01l @ At, perton„ bsrh ae'wd 0n4 regonta, 1 _ and the nolorr o! IAr Any. wlu6tl ary /Il arj6r, u 6 WIr,': 1 a 14114enal an1er461 in 0..o a" drral9od, M AMC ADOaa~e NArlrae or IY *aMAOr - - - - - - - - - - - - - - (a) TAe naAH, 8441104re and 11040 (14111fiaaYona of all other 60. n Id no cenarruci;on eenladoa iA rAloA tAi ueillll d has . ael rlanlirl WOO 11 ur I! ornr~ to lief.A• N AMC ACDMCaa IAAba Cl Aedl %ICA fIt)N - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Floyd Glenn Smith Concrete Contractor t All, Floyd Glenn flit ~.Ownnr f►ppeelNome Rod roll ~ ~ 1CAEdltife hE , VA criminal craN. little& 101. T111. is, vtc., pfooldre In aelh "~'Aoerer, . ,order, purr.. atone, ulobtieAH anp atalem M.y YMrtng {Ad eemr fr1n... , , aAdl ar fined nrl Msn rn fS, 000 er Imprq ud eel Mate then Iaa Cgra, at Yo411616 I Sao 610.411 1 L Yioikis 92199 r , • YF ~~FPB .^.8XoRR R RSim8 nn Nnnn.~n e ^ , ' X1i ari i ri f J Jfi~.~ v i 1i r1 r11 Y V A ri rlJ ri'i l~ f •j N Y • N s.d 2 C R M C r. Y• N s t`{ w a r ty L r r r ti r, y+ i .N. .N. N~y♦ i Y Y •~L•N'r0 ly ^ 6•~~~CinY J«l l)t Yin 6 #9C3 waC:LtS!i ~~OO~Gd.G/di6C~gLY ilk~x~ Jul 14 4 N y M N~ t[i ~ M c• ~ F C J • ~ i p tp, l • Y v n a " : l i „ Qg q N . t w • t = 13 ~z~~~~Y"~ E"~ 8S"nar.s;~~" 8kK~8^3RR aR88Rnt.^~:fir~R ~8 I nn y 1 •ririialJ rilnnnJrirSnalnrri an rr y r n Ut P, .L { E \ • 1. N I N E • t.r~ A4R VM ~•Y~• O Y'~ tY 14 Y. t` L LYF F Lt• yy t x•~i•Y~~• ~w~%% e7i*~tvwiY=tq t• .1 l N Y. c~ LL• Y. . Y H H f Y CC Y Y Y: N[ ~Lt ~r7LOEYY*r g ;r4P}CCprrrk4x~~~.w,~Aaeesiliw 11;; x r ~ a ! ; r ~i HAiI liiiy, A A ...n.., -.rata..,. i 3m NancFI _taj r H• , I JJ' ~ w A ~ I r . a Ew AJ J4 A J ell riri JAJ k g ~ 14, % 4,6 w J.. : I w . w a f J C~ 4 ~ I, "Y•~.,.5;. .may And • r-whLbit AT'TAC1imrNT TO FEDERAL LABOR STANDARDS fROV1SI0NS WALLED "ANTI KICKBACK ACT" AND RMI%LkTION$ PROMULGATED PURSUANT THLRETO BY SHE SECRET,%Ky ()F LABOR, UNITED STATES DEPARTMENT OF LABOR TITLE 18. U.S.C„ scction 874 (Repticts walon I of the Act of Lunt 13, 193{ NS Sill 944,10 U.S.C., K• 276b) Pwsutnt to Iht Act of Lunt 2!,19411, e2 $til. 862} KICKBACKS TROM PUILIC WORKS EkQLOYI.ES.. 9lhoevet, by fora, intimidaInn, or clued of pru.wrinR d,wnl.ul from rmplnl nt.L of by am oll,rr nlennrt . kst.o. ever indutrfant prnoo trnpfoyed in the tuednwLnn, provtown, cnml,W6&n a "t,gir atenr py►be kuddrne. puttee wad, of ►oldinl oe'MCA fknanted in whole win pre by krone nr small (rant the 1 nllyd Nr1n, b ttit up talk part of the eom• pteution to which he it eninled unAtt kom cooox9 of vmpkr)meoLahdl be fnrdpul wort then 6S,0X)w empruor,ed not mat thank five cure, to both, SECTION 2 oP THE AcT OP )UNI 1); 1934. AS ARF14DIO (dllist, 049,F3Stat.ul, t 63S1AI.Ids, 73Sill. 061.00V3.C.. etc 276c) . Tyre Serrtlary of I.aba shall rode errv nstk resuletiurw for tontrutotsand rufrenteerigliNterl In the eowtiv ton, praetW nn, Nmpb1 nd w tepart of pubfit buddrots pubbt rod, of LmLlinty or ur rke hnsneed ,n wM L nr in pus bt bent • Of 6rMle front 1hr k'Iile1 ~Ufre, indvdisKA o,nbki.i nn {h.t°rath tohlrl•loe and MbtOMf4{nr steal (Wntk +NtlT 1)IlVmrnl wpk rtdpett in the watef piVd tech tnpleyer during at pfrtedrrr wrrk, 4rtnA 10014Jiile 18 tt'su e4!i ee.,") A4 , apply, to such state meats. I', 'I r . f . I MaaM b'she 1lorradd AtitiKklkatl Art, tic 4cretrv A i I ahvh (inerd SIHn DrpMmrlrl of l,bw )'es v a ~aledlhe rrrulalwrul,.reknAftrr seIlan h, rhnh rrroldtna apt (sand in l,lk i'9,i.blak.C,l:odr of Yrktd Krtv4Mu1A. , I rl 3 The Iran 0011 prt,"as wrd in the rrlulAwrio here inaller orI Inch, n. -tick Pse 31AA above mrnlwntd. Pand rip. olallnfis die ar fotbwlP, ...~e:,.•.l e./. r ,.:.r rl,u r+, f1.r:. .",q , ..a. ..r. ,rT(TLE 2t-r LADORa., Subtitle A - Offct of the Seatlsty of Libor rARI''3=f 111 6' t,' tit;I~f ! I(A 7D~(a~1 PUbflt t[)CnIS'O'OA PChIIC'WORK rIH)LyCrD IN W1ioLu oR IN TART of idkfAbA tSAU:ti M14 74fr t*ITEO STAtLf llpo ir~;r'& preiri,Iris'enli4141Iu46irrulitiaAtundreIrrlinA24thiArtnlldue111431,edimrml.d1101n,3.c, 276C), popuf my k no w n in l b0 (opefan d .ir1. l idi Oul i ~}1b1i In't 1~' tM1n1/ Ai i • Ali k it iohlr rl I n Prdr dal W s r u an d rdt Ind which to lot the construction. leurcubon, r,,m),Irlvrn or rl,av of public buddlnrlt. public works w bnddroaA,e wntAt financed inulukle1IinpNbybaneortramsGumtht`t°n rJit'afii"iM"i?a<Y"rftidGdidtiidhiiA/~n1nN{,r.Aeofttii'" trdhin"'warprovlliuol.trfiktDA19►KArrler Atltn¢0i;turps (00rsilcst,l,dyu),f.S~.rlll{)r•rttd,fon}(p,lJyn~l,n contain a milar minimum rye Provisions. inrludud 0,ose FCJP 9.!Q+Ie.t1HF4 Nf QotrultSir fSeYrl _JjAtM j'f er< t:.. a. ..,.w:.•x...>r., . a. AALnn',m f... r .i.^w ;Y.Y'*F:SirY~KLPLs7Y1 ~'Idr.•Ahq.r L; .W .•a*o-,;! CGk Arun 1,?3e.s(n) r:~u6',t • *Mrilrilarratl (e. I, At Cullere Housing Art of 1950, the Federal *at is Pollution Contml Act, are the Housing Act a( (lr9)• and in the enforcement of the nerd ime prot)wna of the CnntracI V wl, II„um?I m4u,4 Art whine rte they am applicable 10 MR'IIW tioA troth. Pit put &ISaIs Ahe o4tatm)h of c thtrartom and SUN rnhllAI tars "tadre 14 ,he a.et►ly eubmwiad of Nacnotnutrrard- imp the water prtd on work tutend theroby l Otte forth the rucumots~rm am] pcotedutts tuterr u g she meshing of pq cell do. ductior s from thIV Agra of those emp"tA on Such Cork; and dellndattt the methadaa( payment permissible on such work, Section 3.2 Mrtnitioru. As used lit the tedui tano?n This part. (a) The term) "bu 1Jin~ tot°roth fennr3ty lntlude `o( arYttwn /[liiity rdulingui~3yd (rdM I1iAufattaring, fumishief of In sleriat.,nr ehtefisp iced maardealnie ♦ca. The leans loiduk wits", Rdistifbn.biidd np,tsructutes end Improrrmrntr of all Iypea, Iwy aatridger, dame. plant a, highways, parkways, streets, ab.a)s,tunntls, errels,on6re,paves. dine., pumping static no, rrlwa y A. wpliM. tit fnrsa`, derkt, p iftb; 7.11 M1'a it dye; NEnih A i) l( buoys. )rte iea• brr al w.ten, keen, and unalo;dredpmg, ahori+g, scaffolding, drilling. baiting, nrnabnp, rkuing, and landscaping. Unit eonducted is tanneesian r ith sad at the lilt CA Both a building to work am u descrd,rd ca tht (a"foing rnteare, the maaafaet we w Idnfaha• Ina W maleAals, tnkka; supply A. or'tgrupment (t,61Net or nos s Federal or Sittr agency aoqurrts Side so socA materi ls.: nutlet, suppliek or equipmers during the e,i10na of the mat tncclan or furbishing, or owns the mmenak (mat which they arlr man ufactured of (WRIAhkd) iI rot a 01sul4ing"to "Work" 100111111 64 meaning of the rehdttionl kl this Part. I (b) The terms "contrwlion," "prorem on,»"tomprelion,"or"rtptk" mean on types of VOA dune on a particular Wiclin g o r tror►'selh'e vii thecrEf, loo lcsdink', 6I1h d1A 111044 tibia, OVA Imp, ecdtodeliny, painl ih( 0A dreaeallpa, the to Mapa At. tog or snatef6le cad supplies to or from the bS Wing oe or► by the esipto f tKal( tWebastructwn contractor or eonetruelios tubtontrarwt,Ana the rnfnursduringor furnioltingof matter Ws, articles, supplies, or equipment on the rlt of the burtdingoe tstrlr,,ypetsonfeh~kyyed it the lilt ly'lh[eonvatloeof aublord 6CLOS " (e) Tbs term) "public build4 a "pYbbt wor#"include Wiling etwork far whose eoncteuetbn, pabte<utio01 seta, , , pktba, ot Mpair, n defini/ .bars, a FFde/al Alphty is 1 con rkling party, regardkta W r►esher title thereef It i11 a Fedrrf , agency. „.:,.,t, (d) Tle Item "building of walk financed In w bolt or iA (sail be bans or giants from the United States" indudra build- Inaa Work (or chose mnatruction, proetution,wmpktion,onepur, as defined abots,peyment or part payment Is snide dvehly a Indirectly hbrri f u nds poride d by lasm'or ems i by a t edte&l yea racy. - Tht seta. dde I nos intr ~de WHIRIrg w York fa Which fedalol aatlelLke b H111144 sokly sot soda guranleti tee B stoldoe. (t) Every perion paid by a contractor or wbeontra^tot In any manner fa hit robot in IM easlrucoall. ettivacko sl eomplelion, Of eeptir of s public building or public ww' a building of worb financed In Thole a In part by bona of gravy from the United States is 'employed" and recoMng"r4jls fn(ofdle4W Why cartrscteal relationship allgedlo WSW leclrrell Rim and tht eel employer. The term "any affiliated person" Includes a spouse, child, print, of allies dust idstive of the eontrector or orb wnl nclnt i a psrioertsf p fig t( of ing Pao gttaclug_ or sabpgnti mlorl l toTor l pq n Shelf oo noto l to with the tyrita,Mof pt- subcantroclot as Prente w llidory of arereM1'M111'f 1~, n a bcu tN f.WF1 to t 4 4ltiol• 4 "4Mi , ir, i,, I ~ , (a) The term "frdrrat sp racy" moans iht United Staler,the District o(Colurus111, and in eyeeYlita dep tit l► dependent Wablishmenta, sdminirlratiys agencies, sea insirumental,tira of Ise Unllyd Sylel'odaf AS Di6kt~of fAhitoW, Including mrpgrslwna, lit of suboanlitly 4 of IM stock a( 4ltilh ubtreficlplly ow tied by Of kinked States, It 1heDipoteld of Columbia, or My of Ilia foregoing depytmtnts, a "Urlhmenlt, aatrriir, 0111 IM1ttfYOenlaliti{a , Sagbn 3 . .3 ,Weekly atates>tent rllh teapecl to paymen~ of w,rSel, , ~I$ Ay'lurd le INS nictlodS16 Irim "empt0yit" Aid cot apply 16 pttabds In elad(kiaona h4her that tfset of totoad , or muk ire [ id'tteil'i.hL Yii tM it nwiui su G6 oH' df such falplojers ~3~ nd{lbit: (L)liiicoil If aCIO rof solicit" IF alot Il ye.Iin11Wton'louetinn,prow,u!loop,tomriGIion,rrrrrair atally Pullit Iruildindopto Pu1,IK loft, or Lu,IJIna Of % Loft "ma"ted IN V 1,,110 all in pat ly IVan. Oft to ants fnnn dw 1'no (:d -I. let. 4, All fYee,l.h Lath writ I0latemenl %I III IF.,%;110 the waynr paid (arh of Ill rtopMgreer";a,,don ►ori (v,elyd to L l It Prb7endrJuryn~Ihrprrordroywr,t1)ra)rollprrnd. tealdstiwopnt,},aNIdesrfnbdI„Ike ca'rllarlnror-I1re„n. (feel l we a G) to aUIIwnecd affil to or elopplA) to of the runrrar for fir n,4erilari, for r hu su{.r.i,r. ILr pal Ill bf ..:r., and shall tot on form A'11 J 10, *S141rmrl,t of (om{d alto<", or on on ulrnlird (ain plot file hwt at %It 31i,hill I pr Con. lock-toOr tiorldt',a),or it is any loanw11h',hhfN%Md.I,Or plrCaputoftill ail414%ifJWmatk41A,tiedGam Ow Gtlltfomenl eonirletb j or alonrofires ve ney, Ind pill all II" w (Arms m,) to riurtihard at IM Guurnlnud lrinbna office, (e) no rtquifa,ento of VIII an:porl sheI Ilol apply to any (oolracI of 12,000 top leas. - ' (d) Ula1 a rntlea findift L~ tie hca4 of a Fcoitlal %fary, 110 frrrcltrrel ballot may P" a's.rlnr limilslinny lntllliyuti lSSltuKr. spd rSrq pliow frrinl their tllircmrnll of Ihn 10001011 /yiplel lV Seth eoedi11al War may specify, p dK eralluy of 129 F.R.95,Jsa,1,1%1,all eine op¢at JJVill.10115,Jul) I?.IIYP0) ~ . . f r, e,i I , Section 7.4 Submission of Ire 'Lly`stalemeMs still the1prrserrallon and (nilxclion if weekly tl5+ yfo!l records, 1 f11 (a)F+chherelyNet,mcnlrrljuirrdorl J sprite 4.41rrrd,Ly,tIleton1rMlotwwbrwtfrplor,!il~lipwrrn days afitr she repdar rite level dde of IIto pt) rutl Cl to 1 repel +Idatne of a Fedrial orSate al!, nn in ellaq;, al the ail( 9111K LYildiod fir l l p rA,rlr, rl Ilvrs 4 fill rSl41r 011,10104 9f 14 or t>k a;. At? at plop 101c ill lhg brilih1,y or oil d1r alsten rn1011311 lie nulled Lr {ht cunt!ar lot a, alJconirad0 r,►Ilhm Welt tile, au$ llr¢rtd too <Nlr flaky roillia, Inid (a opt fa,ansinp Il,r LudJnip w wufl..~h1i awh eu,nuntbn lull, It rk ar mfr Le maJr, auri NNrairnl,nh uqn tl+rrtnf, ....shell let le),s tladeWe,pr Jitll ht Irla'ulakd 4,1{e1L,sMrth atrl,r,rt o(rn).rj„lawa(Pl, in a. CIA haft 10 tile air, frsl,lr pr„re'l,lrt0 . jecnaibeoll Ly 04l.alted Stain Ih ptrtmrnl of Wool (1 } Fath rooplrarlor or lubconliuior lilatl rte~or.r lips wettle pap, toll retook („e a Period of II rce )tars GAm deli III em0pfil60let rvgNlrl, l he ra)nlll rfrnnL 11444 0rl out lue,r~trl) UIr( ttioll,l, I'll {ht eanlt aryl edJrS~IdrarL lahwrr mod outhallk,hYcunt 34IS441,ttiun,felt of pal. ti snAIll Of rLI)nwlnhroP(yugrt►w1:d,dfpdw;l,n,,higgr,spdill Ill il to S ri Paid. Stith rymll nrutAttlull lrr "$a,to alallal,lt at IN Belpre foe in.petlpn $I U+e tanW(teos "ffKfr or (Iy,ndLunud uprrarnlatn'e, and Ly tut!"mteJ rrprrtrntalilrs ofthe Urparlmrntof I'd". Section 345 iYIogdeductions I „ .rear permissible wlthoul spplicstion Io or approlal of 6 5eatl.ry oebbor, Ded,tolion I m aJe wide r tit .ratan N a nets of 1q d,rsil reel h,qa ~e0t {iLe¢, is Ud riar rdt Ipar olIlra ItcO pN mt) l.e m Ide wHtlout appleest6ol to Ind orprotslof tit Sertrlary of lal,oY it (a) Any deduction made intun,Pitinto ►hht6r re+{uiremrpba(Ffdrral,Stilt,ON rot At tole I it 06 FIOdfpl w $late wah6tJind incnint taus 4414 Fedrval MWi+J serurlt) feet (h) Apply drdwl{on of wort 1aetiwl•1) pai4lo 1tittmptq to ter 1I.As ride Pfri'm111 l of rare to loth ii preps menl - to Ms/f witlqul Jlop,nun{opt Inlrttll, 1 hona r4or 1 kpalnltul of %ogr!"isromidrlyd Io 6a,t Leaa seadr olds pit ra I, cr 111 tg111U11'nl ha• LMII 11JI11M'td IY Otto pe'll tmP6)tot in aW h mlfioto as 10 fall Lull toral,kla felaJrna of dupYpinm of Itto adnneopd frnde. (t) An) do Jwliou of rmonn s witi6red Ly towl prorru to Le paid in m„Ilvr, to file q tile dedwllon is In hwor of tit tenlntta,wbcunua Our or 441) affdsrJ rirrRaA, W ilia tnllr, Loll a rullrLwal nee raYtl 1~ 'all T71 adtilb(c (d) Any'deductlon ronsGwGn f b oonlribut on on Arhrlf of the prison empktvrd to (md+set obi .fwd by the Imployes « eeprer Mali ve I oft mplu y Pei. or both, for the pro pow of p mnd,np tit W from fe i n clpal no mrome, M hril h, medical at bospitel cart, prmiont or annuibri on rrt4rmfnt, deal6 brtAilr, tomrwniatvin for injuriry illne+o, arr;drnts, tkkpa. or alit ibility,ot lot ineEUmte to ptotnde any of the furrpsinf, of unrmplustnrnt benordt.vuatw,n par, tshAtr acroome. of imitae ps) menhfor the bent lit oltmpl.yrn, Ike it familwo and dependents: f1m tde4 how-to re. 16A the follo,nn(atandads ke mrt, (1) The drductk,n is not othnw;v prolAiled ht law j.') it is fithrr: fi11'nlunl+nlr eonsrntrd is b} the edtptnyte b "tang and in Atha ice of the prrktd in which the worth to be done and buth fon ebl is nrI a rooddkin aBhte fo the abtmining of or for the conbmut un of empb'vmenI,or (n) provided fur to abona fide cotitfti~r barra;nmf avirmt'lil be. Its ten tht eontnclor ot wbe,mirotlot and repeetrnt*tit ri of its em)dnyrrt. (31 nu profilist other be or form otherwise ubteined, dimly at Wit still, by tht conttartat or tobconlruloe br any atM,aI J pfeannln the Nut of rommis}on, dnidrnd, of otbtrwbe; and (4) the deductions shall bent the enmenkgee ana In`ert.t of the employee, '(e) Adj dedwrlton ernt,,Ur I;ng lo'wa and the 0utch►te of lJnflA St mitt Defense Sttin'pi end Bondi rhea "hilarity authorised by the emplnyee. , (Q Any deductiow triturated by the etnplo), er to tn~bti hits air e)pty loans to ed d p'urchait shteri in dart ahbona prifianlud,spdoptraled 1p btmrdjnrr with Pr&raland 4att tredit unw+n atalYIfs. (g) Any deduction Voluntarily 1411,01'ued b) the ampln)ce for the Maki n{oft" Lrtbutionbtodweerunentd ofyuNJ. ' govteitaithlalajtAek►;rurhaatheA+iufSraeRedGoil. tl , (b) Any ieductbn t•t b,ntanly authorised b*'the lmplelef for the making of tohtribletbnbto Coatmwn;ty Cfittta, United CHPA rand., end efmthtr chatillble orfenitalione ji) Arty dedwrilont to'(fet te(L)o dnion III hi+li6h fits Ad memberihto duel, nun theludinj fitserot tpttlJ 644. Raided, hob sear, That a roll.rri,e buya.mng asneement Mt.'rekthi tonlfattrtf 60 eu6f6tstearlai rid rrprkMatWeb of its employers pmridealor such itdurrtona end the deduclwne are not otlrrw,v pmhib&d by low. Aay'dedurtlt'nlvol mr to then fat the "eeawhalle swat"uf I" seal. Ultihf.Wiolhel (01101011 i,teNngrtLr ngwita Merle of fotlldn Xmf of the Fait i pfoot 4tandairA .ket',Ef im at ahifodrtl, and Nut S:11 tit Ors milk, ti des swb rdeduclioa it Indde thtis"41041 lrrotds required un let 1516.21 G) of Ohio litleAM betop#. gecllon 3.6 Payrolldeductions permissible with the approval of the Scaelary of labor, e'!Slisir~l T!. Any oontndot or subcontractor may sppty to the:?rfret+ry of lab,ir (use prrtniormn to mete any deduelkia not p4• rallied "t } V)l. I'M Srrrrl4ymay point perrhiwoo 1.1srHVtr he 4nd,thap' } (a) The ro ttesctot,subronbarta.of am affdiotrd person discs m,t make a profit of Gnert directly of Indirectly from 1114 dedotfioin'ell htr in t¢t form bf s'ed(tell ltek,h; ditidrnd, et olh`ttw itf: (b) no deductism Is not othrrtiwr prohibiled by low; (e) Welfdvction h rilher(l) tulunle,ly corsented taby the emptr)re in wrilina bad in sdtance ul t4 period in which the rust fold btdd6t told an h torment 1e not a tund,lom either for this nbuetiha bf rmplntmrot of ru rditlinaonee, of fill provided for in a bins fide eullrttise barfainint epument betwera the rootlet tnr as tubrontraslor sold rrytrewaUUVetof eta emPlo)ro; and (f) the deduction roves the Con to nlerses and Inlet tit *I Ilse fntpto"#. ' mom, w,Aomgmo r 25 f)dtibtt Section 3.7 Appllatlons for the apptoast of the secretary of uwt. Amy application for the lnatii,j of pgtoll dcdutIson%onJa 116 dud to,nply ►itll Ihf requinioellt praxril.rd in d,e feno Wind pent ephr of IN$ rc I loo: (a) us yrl+butoo Allen be in ►ritinf end dud be add"vd to the Secafury, of `Aclf.. (b) tl l eppllcelloIt Alien IatnlIfy Our Met! lactor moll Sets Moan ishleh the tro A IN question Is to la ptrfoflnrd. Tfe- rsltaiou rid be elyeM for dfdoc Iiem a I I I ) on $peel ere. Wentifird ml dreCIA. tifeld Upon t aho►lne o f f s cepllutcal tIII wrt.esnrss. (e) The sppfiul ion rh tit at de affirm IIk fly that the" Is compliance With At al rnd.rds u) fog its In the press isio Asa of { 3.6. The dflrncalion dolt be rc eolnp►nied by a Jun ItAtenenl of the fact in dlt At lne such comph a mcf. (a) The applics6on $halt include A drrription of the prohord dldwta+, the purpose to be laved thereby. Asia the claret of Isbasn of mtchenkA from those WaJesthe propotrd dtducliun WIIOW be roads, (t) The rp ilinlian shall State the name and b+aineu etyny tldrel peteon Ie drone ray funds obtained from isle Va. posed dedwiNcins us to be Innunitted and the &fhiiat iolt of w•hperson, it ony,With tilt ApplKrnt. Socflon 3.5 Action by the Seaetsry of Libor upon spplicsUuns. The Se'eretary of lAbor shall decide Whether of Meal Iht requested deduction Is prtinlw3la lender proylt am of } 3.6; and ohan notify the ayytirant In ►ritine ul his doc4ion, Section 3.4 f tohiblfed psyloll deductions. Deductions not eLerbt" pmvkkd for by No pelt Ind which tie not (oond to bt peemirl'Dk under 13.6 am leoldb i4. • $"lion 3.10 Methods of payment of ws{es The pay me lit lift ell All on be by fish. negotiable holoollnrnis pal Ate omit mind. or the Additional rormAof tomi-l Ian for Which de.uetiona its permisnhle ondca Oil pare, No other methods of payment shall be reeueniacd on roll alhle(l to the Copeland Act. Sailors 3.11 RtduIstians put of contract. All eontruts nalt Willi respect to the eollmductlen. ptosefulYln, tompleton, a repair of any public build;Mt or I.Id.lle watt of bwWinI or work finm-ed in Whole or In part by lane or f isms from the Units $blts colored b) Ili "fullness in this pad Jail as pre ply bold the foninclot or wbcmllraftnt to comply rich such of du refutotwns in all's put N nay he sp ptcout. In 616ftlud, rY 54(A) of this subtitle, id • ?b ITLM 103R-S(R) STANDARD FORM.-OF AGREEMENT STATE OF TEXAS X COUNTY OF DENTON THIS AGREEMENT, made and entered into this 19th day of -July A.D., 19 77 by and between the City of Denton of the Country of,_ Denton and State of Texas, acting through _Lt. Ma ar_, Elinor Hughes thereunto duly authorized so to do, Party of the First Part, herein- after termed OWNER, and the ,:ague-Public Company of the City of Denton County of Denton and State of Texas Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETEE: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part (OWNER), and under the conditions expressed in bond bearing even date herewith, the said Party c-f the Second Part (CONTRACTOR), hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improve- ments described as follows: the construction of asphaltic concrete pavement on Riddell Street between Wilson Street and the Dreamland Apartments and all extra work in connection therewith, under the terms as stated • in the General Conditions of the Agreement and at his own proper cost and expense to furnish all the materials, supplies, machinery, equip- mer.c, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, O and in accordance with the Notice to Contractors, General and Special Conditions of Agreement, Plans and other drawir:,:, and printed or written explanatory matter thereof, and the Specifications and addenda therefor, as prepared by'_ Jim Jones, City Engineer of Uenton_,_ Texas _ _ (Texas P.E:.Registration ~~31G8$) herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR and the ENGINEER, together with the CONTRACTOR'S written Proposal, the General Conditions of the Agreement, and the Performance and Pay:sent Bonds hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire contract. The CONTRACTOR hereby agrees to commence work within fifteen (15) days after the date written notice to do so shall have been given to him, and to substantially complete the entire project no later than October 1, 1977. The OWNER agrees to pay the CONTRACTOR in current funds the price of prices,shown in the proposal, which forms a part of this contract. such payments to be subject to the General and Special Conditions of ; the contract. IN WITNESS WHEREOF, the parties to these presents have executryd this Agreecnont in the year and day first above written. pa rty o t e rst Part Part ~r of We Seco-` nd'fa (OWNER) (CONTRACTOR) By: By: Attest: Attest: ~ 00 PFRFORIAANCE BOND STATE OF TEXAS X X COUNTY OF DF ITON X KNOW ALL Mf,N BY THESE PRESENTS. That - 3JAQDFz_i'U13 1C-COMPANY of the, City of DENT014 County of DENTON- , and State of TEXAS as principal, and SELECT INSURANCE COMPANY authorized under the laws of the State of Texas to act as suety on bonus for principals, are held and firmly bound unto THE CITY OF DENTON, TEXAS (Otaner), in the penal sum of NINE AND 51/104 NINE THOUS AND`IGHT HUNDRED THIRTY/ Dollars 9,839.51 ) for the . payment whereof, the said Principal and Surety bind themselves, and *t:heir heirs, administrators, executors, successors and assigns, joint- ly and severally, by these presents: , MIEREAS, the Principal. has entered into a certain written contract with the Owner, dated the 19TH day or JULY 19 77 , FOR CERTAIN IMPROVEMENTS AS FOLLOWS: CONSTRUCTION OF ASPHALTIC CONCRETE PAVEMENT ON RUDDELL STREET BETWEEN WILSON STREET AND THE DREAMLAND APARTMENTS to a,hirli contract: is hereby referred to and wade a part hereof as fully and to the came extent as if copied at length lierein. 1`0lJ, '1'Ill:RIiFOF.F., Till: C0 ;1)I'TION OF 'I'BIS 03UCATION IS SUCH, Lhat if the Said I'rinci})+il. SIM11 faii.lifully perform said Contract. and shall in all I•cshcrls duly and tait_hfully ob:,crvr. and perform all and sinl;ular tlhc covrnauts, rontliti.ons and agrevIN'ttts ill rmd by said conLr.ict a};r,!vo,l ant} covf~nanl ed by file Principal to ba obsorvc d and parforr,irrl, and :ic- cortliril, to the t ru: inLcnl~ anti meaning of said Contract imd Lho flan:: nd liervto ntu,axcd, then this obl.igatioll ;:11a11 br vol to rc:,: iit± in iul l force and effect; -2- PROVIDE=D, HOWEVER, that this bond is executed pursuant to the pro- visions of Article 5160 of the Revir,ed Civil Statutes of Texas as a- mended by the acts of the 56th Legislature, Regular Session, 1959, and • all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder., or tli(~ plans, specifirations, or drawings accompanying the same, shall in anywise :effect its obligation on this bond, and it does hereby waive notice of any such change, ex- tension of time, alteration or addition to the terms of the c:ontracL, or to the work to be performed thereunder. IN WITNE=SS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 12gp day of M 1.9-7-L. JAGM-Pubb1C COMPM 8MACT Iri1 W"C! COMPANY _ PrinE al Surety tkl N. Poxcica Title: i Title: ne Attorney-In-fact Address: P.O. eon 210 _ Add sis: 2015 War springs,- _r Denton, Tx 76201 Dallas, Tx 75211 _ The name and address of the Resident Agent of Surety is; PAYWNT B014D STATE OF TEXAS X X COUNTY OP KNOW ALL ID11 BY THESE PRESENTS: That ~~flF;_1~_Ellit Ic' :IPAN~L _ of the City of _.__llENTDTI_._.--•-_ County of DENTON and State of as 1 principal, and _SELECT INSURANCE COMPANY authorized under the laws 'of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto CITY OF DENTON, TEXAS (Owner), in the penal sum of NINE AND 51/100 NINE THOUSAND,EIGHT HUNDRED THIRTY/ Dollars 9,839.51 ) for the payment whereof, the said Principal and Surety bind themselves and #heir heirs, administrators, executors, successors and assigns, joint- ly and severally, by these presents: • i WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the _19TH day of JULY 1912+ FOR CERTAIN IMPROVEMENTS AS FOLLOWS: CONSTRUCTION OF ASPHALTIC CONCRETE PAVEMENT ON RUDDELL STREET BETWEEN WILSON STREET AND THE DREAMLAND APARTMENTS to which contract is hereby re.ferre(l to and wade a part hereof as fully and to the same extent as if copied at length herein. 11011'0 T11E1:1;YO!)%l,, T111-l' CONDITION OF THIS OBLIGATION IS SUCH, prat if the said Irincipal shall pay all claimants suppl.yiny, labor and mater- ial to him or a subconl.rac•tor in the proseew ion of. the wort: provi.dud for in ,;nid contract, then this ohli.pat.ion shol.l be void, otherwise io ruwain in full force and effect; e 1'I,OI'TD;;I), liO'r11.1'l;l:, 1:1int this bond is cxt'`c11tcd pur-nu:znt to the pvo-• visic.+n:: Of /+rtic:le 5160 of (1110 i,evised Civil ',tatutcc of Texas at. • amended by the acts of the 56th Legislature, Regular Session, 1959, and all 1117bilitien an this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. Sttt-ety, for value received, stipulates and agrees that no change, extensiom of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawin)-,!: accompanying the same, shall in anywise aff. ct its obligation on this bond, and it does hereby waive notice of any such change, Qx- tension of tune, alternation or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF,.t-he said Principal and.Suraty have signed and sealed this instrument this 22ND day of JULY 1977 . JA403-YUMC COW MY asLWT :lt11tJ>RJ111CR OOiM Af1Y Pr nc pa surety By: y: nAtttoo*rnnsy•Lft-f • 0M~>« Title: Title: aat Address: P.O. 1iM 250 ~Addr ss : 3010 Co"T Spteiags Denton, Tx 76201 Dallas# It 75719 The name'and address of the Resident Agent of Surety ire: Frl t.1111 oll.-Al"J POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: v • That SELECT INSURANCE COMPANY, a corporation of the Stu a of Texas. hereinafter called Company, does hereby appoint PORTER ELLIS, WILLARD CROTTY, JAMES N. POWERS, TOM P. ELLIS, 111, GLADYS EASLEY, PETER A. RUSH, WILLIAM G. KLLNGMAN, WILLIAM B. STEELE, JR.$ JOHN E. RATLIFF, WILLIAM D. BIRDSONG$ DALLAS, TEXAS 115 true and lawful Allorney~m duct to make, executp, snAl aivi delivel on its behall, a; te, any and all bonds and undertakings of Suretyship. The execution of such bonds or unJerlakings in pursuance of these presents shall be as binding upon the Company as it they had been eaeu,led and acknowledged by the regularly elected officers of the Company, This Power of Attorney Is Issued pursuant to and by authority of the following resolution of the Board of Directors of the Com- pany, adopted effectlve September 29, 1961, and now in lull force and elfecl Resofred Thal I"presidehl or soy V" Presidenl or any Secretary may appoint Attorneys infect in any Stele, tul,tory c4 Federal District 10 represent this company Vd to act on its Dehel within the scope of the authority granted to them in wiling, which authority may Include Iris power to make, execute. seat and deriver on behalf of lhy Company as iurafy and as its act and deed any and all bonds and undertakings of suretyship and other ducumenls trial the ordinary course of surety business may reQu-re Wrading aAho/dy ho appoint agents for lot service of process in any jurisdiction. Slate or Federal and authority to aft"t fit the Ngnalwe of IM President or any Vice Prey'- dent or any Secretary and to verify any allid.vll or oche, stalereent ishaheg to the foregoing. and to certify to a copy of any of the by4aws of the Company and Io any resew lions artoplad by its Board of Directors', and any such AtiomeyJn-bcl may be removed and the authority granted him fevo*ed by the President or any Vice Presidenl of an; Sedrelary or by The Board or Directors " This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following reso- 0lution voted by the Board of Directors of the Select insurance Co. at a meeting dull called and held on the 24th of July, 1973. , FtiMPved that the signatures of Warren J, Kivedw, Weeidenf, of of Frederick Roger, Senlr,r Vice Presidenl, or of Anhul C. Warden, Vice Presidenl, or of Jack W May. Hard. Vice PreVdenl, of of William E. Elalon, Vtce Preadanl, a of Douglas SVmpsOn, SxreTary, or of R. C Fetheryton. Secretary, alit they" of the Company maybe alfued by facaimlle w any power or attorney a to any cerllflule relating thereto appol,ihng Altomeys-In-tact for purposes only of executing and attesting bonds and unde,fakrnga and other writings obligatory in the nature Iheraot, and any such power of attorney or certificate bearing such Iacmmde signature or facsimile suf snarl us valid and binding upon the Company end any such Power so exec Wed and certified by such facsimile signature and tacsimire seal shall be valid and binding upon the Company in the future wish rasped ro any h0rd of urtdartal,ing to which It Is altoGed " ..,4nq., I6 St1}fir49a w`%preof, the Company has caused I its Power of Attorney to be signed and its corporate teat to be affixed by its autho i}od bl6ce'rlttfs 14th day of JanJtary 19 76 By JACKW.MAYNAP7 V1CEPSEStDENt STA1~`rbIF 16AS ss'. COUNTY OF DALLAS On thfa 14th day of January la 76 , t else mo, a Notary Pub is of the SNfe and Cnurnry aforesaid. resdmg ihern,n duly C6rtinUUtoned and awnrn, pe`ynRfilly Cana the abo.e niolert Alicer of the Company, who being try ma first duly s won acuodmg to law, did dt'pnse and Say Iha! he is Ihat oll oar of Irre Company deaclibed in and whleh eraculed the roregnmg inslfu,nent, Ihalf,e t news the seal of IN Gimpany, that the Mat of hltrJ to Such Jnslrumenf Ire Col qte Leal of fhe Company, and that the Corporate seal and his s,gnalwe a`. 9goh olf1cel were al lilnd and a,b!. c,ifeJ to the said inslrurnenf by the a'+inur,ly SoJ d.fKl•t n of the rJ-" r'pany ISEAL) '00, CLIFFORDA BEARD No APYPuBtIC MS~GOM'f %a I n'Iwplrlit the let day 01 Juno 19 77 O,ERTIFICATE J' 1, the *49i.ilitignbd, do hereby certify that the original Power of Attorney of which the fo egolop is a true and correct copy is in full tDr:!•An 21Igof. aridihe foregoing resolution is a true and correct transcript from the records of the Company, and that the above a (&i wWlsi j the date of execution of the foregoing Power of Attorney aulhorizod to exedlxte this Power of Attorney herein, I have hereunto subscribed by name and affixed the corporate seal of the Company this el1,0"G- dry f ,gel LSE rwi,"r M' N~.~.as,~.,~'q w► t~Ib•+ DOUGLAS SIMPSON All SECRETARY Formb SOF, rq ftf U•ee► M • U.S. Depcrimant of Housing and U►bon Development CERTIFICATE OF OWNER'S ATTORNEY I, the undersigned, ` O •lslmpl- ^ , the duly authorized and acting legal representative of 010C ~~•✓~f -w C do hereby certify as follows: I have examined the attached contract(s) and surety bonds and the manner of execution thereof, and 1 am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto acting through their duly authorized representatives, that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon, and that the foregoing agreements consti. tuts valid and legally binding obligations upon the parties executing the same in accordance with terms, conditions and provisions thereof. • 0 Date: 4 7) it ICI MuNwaan•, M c. • GENERAL PROVISIONS ® SPECIFICATIONS This project shall be constructed by utilizing, the Text li~flttw'.3x~cRxUimGllt _l~!7 51<lrci fii~4ff,tions for Con- ~tsuc~tign_uJ ~iiphs~avs.rtrs_ct.~ ?.1__ts i 't i. Any permis- sible devlaLion from Lhose specifications will be noted in the section on Ceneral Provisions. 4lhere the Highwa7 DeparLment specifications make reference to the "State,' this project shall be interpreted to refer to the City of Denton, Texas. Likewise, the terms "Commission" and "Department" shall refer to the Department of Community Development for the City of Denton. Any reference to the term "Engineer" shall apply to the City Engineer for the City of Denton, Texas. The Engineer, or his representative, is authorized to act for the City of Denton on all matters concerning the construction procedures, specifications, or activities while the work is in progress. Other definitions shall be as noted in the 1472 Standard Specification book. LOCATION OF PROJECT This assessment project is totally located within the city limits of the City of Denton, Texas. A map showing, the general location of the individual blocks to be paved is included in the plans. SCOPE OF WORK The work to be performed under this contract consists of furnishing all materials, labor, supervision, tools and equipment necessary for the construction of paving on Ruddell Street. PLANS AND SPECIFICATIONS Plans and specifications may be obtained at the office of the Director of Community Development, Denton City ]fall, upon de- posit of twenty-five ($25.00) dollars, The entire deposit will be returned to the plan holder if the plans and specifi- cations are returned to the City, in good condition, within fifteen (15) days folloeaing the official opening of bids. If the prospective bidder does not properly return the plans and specifications, the deposit sum of twenty-five ($25.00) dollars shall become the property of the City of Denton, Texas. a EXAMINATION OF SITE PROJECT Prospective bidders shall make a careful exnmination of the site of the project, soil and water conditions to be encoun- tered, improvements to be protected, disposal sites for sur- plus materials not designated to be salvaged materials, and as to the method of providing; ingress and egress to private properties, and methods of handling; traffic during construc- tion of the entire project, C0111'FTI:NCY OF BIDDERS The State requirements for contractor pre-qualification prior to the bidding; date shall be waived. However, the City re- serves the right to thoroughly investigate the financial re- sources and the experience of all bidders prior to award of the contract, QUALIFICATION OF LOW BIDDER Before being awarded a contract, the low bidder shall submit such evidence as the Engineer may require to establish his financial responsibility, experience and possession of such equipment as may be needed to prosecute the work in an expe- ditious, safe and satisfactory manner, • Should the low bidder fail to produce evidence satisfactory to the Fngineer on any of the foregoing points, he may be disqualified and the work awarded to the next low bidder so qualifying. AWARD OF THE CONTRACT The City of Denton, acting through the City Manager and as authorized by the City Council, will notify the successful bidder, in writing, within thirty (30) days after the date of receiving bids, of its acceptance of his proposal, The Contractor shall complete t;,! execution of the required bonds and contract within fifteen (15) days of such notice. PERFORIIANCE AND PAYMENT BONDS The Contractor shall 'execute separate performance and payment bonds in the sum of one hundred (100) percent of the total contract.price. These bonds shall be executed on standard forms for this purpose which will guarantee the fnithful per- formance of the work and further guarantee the payment to all persons supplying Libor and materials or furnishing; Piny equip- ment used in the execution of the contract. The contract GP-?. shall not be in effect until such performance and payment bonds are furnished and approved by the City Attorney, • MAINTF.17ANC,i; BOND The Contractor shall file with the City of renton, Texas a food and sufficient maintenance bond with an approved surety in an amount equal to ten (10) percent of the total cost of this project, guaranteeing that the workmanship and materials furnished kinder these specifications and used in all parts of said improveinents are in all respects first class and of such kind and quality that for a period of one (1) year from the completion and final acceptance thereof by the said City Gf Denton, the said pavement shall require no repairs, the nec- essity for which shall be occasioned by defects in said work- manship or material. If, however, during the said period, in the opinion of the Mayor and City Council, the said pavement or concrete structure shall require repairs and the necessity for such repairs, shall, in their opinion, be occasioned by the settlement of foundation, defective workmanship or mate- rials furnished in the construction of any part thereof or any of the accessories thereto, built by this Contractor, then such repairs, on due notice being given at any time dur- ing said period, by the City, to the Contractor, shall prompt- ly be made by the Contractor in the following manner: • Upon notice from the City, served at any time during the per.i- od of said guarantee, the Contractor shall at his oam expense take out and remove all worn out, soft, inferior or defective materials found in either the pavement, headers, curb and gut- ter, manhole, inlets, bridges, storm drain or any other part of the pavement or accessories thereto, and good acceptable materials shall be substituted therefor, including any pave- ment or materials that have become injured, or has settled out of place by reason of its being in close proximity to such soft or imperfect material, the Contractor shall take up and relay or re-set or replace all pavement, curb and gutter, etc, that has settled out of place, become uneven or defec- tive if found to be so during the term of said guarantee, Should the Contractor fail to make such repairs as are deemed necessary, written notice to make the repairs sh,,li ')e given by the City to the Contractor and the Surety. If said Con- tractor or Surety shall fail or neglect for a period of ten (10) days to make such necessary repairs as herein provided, then the City shall have the rig11L with or without further notice, to proceed to make such repairs or cause the same to be done either by contract or otherwise at its option arI to pay for the cost of such repairs, If such cost of repairs so made shall not be paid by the said O Contractor or Surety upon receipt of Notice of the amount CP-3 thereof, the said City shall have the right of action on the O Maintenance Bond; or in case the said repairs shall not ac- O tually be made by the City after such failure on the part of the Contractor or Surety, the City shall have the right to ascertain and determine that the costs of .7uch repairs and to maintain an action against the said Contractor or Surety, or both under said bond, to recover the amount so determined in any court of competent jurisdiction, and the amount so deter- mined shall be conclusive upon the Contractor and Surety in any action upon said bond. TIME ALLOTTED FOR COMPLETION The Contractor agrees to begin work within fifteen days from receipt of a notice to proceed and to fully complete the project on or before October 1, 1977. Because of federal funding guidelines, it is imperative that the project be com- pleted in an orderly and efficient manner. LIQUIDATED DAMAGES FOR DELAY The Contractor agrees that time is the essence of this con- tract and that for each day of delay beyond the number of working days or completion date herein agreed upon for the completion of any portion of the work herein specified and O contracted for, the 014NER may withhold, permanently, from the Contractor's total compensation, a sum for liquidated damages for such delay. The amount of damages shall be com- puted from the tab?.e as specified in Section 8.6 of the THD Standard Specifications. - TESTING OF MATERIALS The Contractor shall furnish all materials for tests which will be done by the Owner. Tests will be made by the Owner at no expense to the Contrac- tor, except that in the event a test indicates that the mate- rial does not meet the requirements of the specifications, the Contractor shall bear the cost of that test. STATE SALES TAX This contract is issued by an organization which qualifies for exemption pursu,iat to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. • 0 GP-4 The Contractor performing this contract mey purchase, rent or lease all materials, supplies, equipment used or consumed in • the performance of this contract by issuing, to his supplier an exemption certificate in lieu of the tax, said exemption cer- tificate complying with State Comptroller's ruling #95-0.07. Any such exemption certificate issued by the Contractor in lieu of the tax shall be subject to the provisions of the State Comptroller's ruling X195-0.09 as amended to be effec- tive October 1968. BARRICADES, LIMITS DETOUR ROUTES AND SIGNS The Contractor shall, at his own cost and expense, furnish and erect such barricades, fences, flashers, signals and signs, and shall provide such other precautionary measures for the protection of persons and property as are necessary. Safety to the working forces and the general public shall be of uppermost consideration in scheduling all construction activities. All signs and barricades shall be constructed and erected to conform to standards as established in the 1971 edition of the Manual on Uniform Traffic Control Devices. From sunset to surer se, the Contractor s a urn s an-maintain at least one battery type flasher at each barricade and a sufficient number of barricades shall be erected to keep vehicles from being driven on or into any work under construction. The Contractor shall furnish watchmen in sufficient numbers to protect the work. The Contractor will be held responsible for all damages to the work due to failure of the barricades, signs, lights and watchmen to adequately protect the work area. The Con- tractor's responsibility for the protection of the work shall not cease until the project has been accented by the city. If, in the opinion of the Engineer, the barricades and signs installed by the Contractor do not properly protect the work area, the Contractor shall immediately cease all other work activities and correct the deficiency in proper barri- cading. SITE CLEANLINESS During construction of the work, the Contractor shall, at i.11 times, keep the site of the work and adjacent premises as free from material, debris and rubbish as is practicable and shall remove same from any portion of the site if, in the S opinion of the Engineer, such material, del.ris or rubbish constitutes a nuisance or is objectionable. 'file Contractor shall remove from the site all of his surplus materials and temporarv structures when no further reed therefor develops. GP-5 ( SUPPLEWMAL FEDSkAL PROVISIONS e e 1.1. Inspection The authoriard reprritentalives and agenteof the l)epartmentof l(nueirg and Orhai u• meat shall be permitted to inspect all work, materials, payrolls, records of l„•rsno,nrl, involres of materials, and other relevant data and records. 15. Hirpurts, Records, and Data The Contractor shall suhrnitto the Owner such schedule of quantities an.l costs, progress schedules, payrnlls, repnrts, estimates, records and other data as the fharrr may n:qu:st concerning wnrk performer) or to be performed under this contract. 21. Subsurface Conditions Found Different Should the Contractor encounter subsurface and/or 1W !Lt conditions at the site materially differing from those shown or, the Plana or In,++rsced in the Specifications, he shall imme. diately give notice to the Architect/ lz--glnear of such conditions before they are disturbed, The Architect/Engineer will the=-dpon promptly investigate the conditions, and if he finds that they materially difrA• gre-,::hose shownonthe Plans or indicated in the Specifications, he will at n^~a ..,are such changes in the Plans and/or Specifications as he may find nec. essa*,1, ally increase or decrease of cost resulting from suet, changes to be adjusted in .,,e manner provided in Paragraph 17 of the General Conditions. 2Z. Claims for Extra Cost No claim for extra work or cost shall be allowed unless the same was done in pursuance of a written order of the Architect/Engineer approved by the Owner, as aforesaid, and the claim presented with the first estimate after the changed or extra work is done. When work is performed under the terms of subparagraph 17(c) of the General Conditions, the Contractor shall furnish satisfactory bills, payrolls and vouchers covering all items of cost and when requested by the Owner, give the Owner access to accounts relating thereto. 44. Protection of Lives and Health p The Contractor shall oxorciso proper precaution at all times for the protection of persons and pi-)porty and shall be responsible for all do+mages to persons or property, either on or off the situ, which occur as a rooult of his prosecution of the wcrk. The safety provisions of applicable laws and building and construction codos, in addition to specific safety and health refutations docdribod by Chapter YJII, Bureau of Labor Standard:), L•apartanent of Labor, Part 1518, Safety and Health Rogulations for Conotruction, A -V as outlirnid in tl1o Fo6oral llogictor, Volum 36, No. 7:, Saturday, April 17, 1971. Title 29 - LAWll, shall ba ob-orvod and the Contractor ahall take or cauco to be taken, such additional safety and health la,;at:uro;) ac: tho Contracting Authority may doWinlinj to be reasonably nocessary." 45. Suuconlracts "The Contractor will innort in any subcontracts tho Foderal Labor Stmidnrds Provisions containod ltaroin and such athor clr,unos as tlvs flopartntunt of (lousing and Urban lkrvololmxint mny, by instructions mquily, And also a clliuco rur)uiring O' the subcrntl to iriJudo those c1r%iisos in titly lobar tior subcontracts • which tt, together with a 0-lu:o roquiring this itlsortion may in turn bet mado, it 46, Equal Employment Opportunity O During the performance of this contract the Contractor agrees as follows; (1) Tho Contractor will not discriminato .against any omployuo or applicant for employment becauno of raco, roliCion, sox, color or national ori.Cin, 2110 Contractor will talco affilml3tlvn ar,tion to onr;uro that applicants tiro omploy't)d, taid that umr'o~'t:ns nro tmat)d burin,; ntaploylr)nt, %'(.i.iout rogard to thoi- taco, religion, .ox, color, or national origin. F'uch action t=hrill inclii&', but not lio lir(itod to, th0 following: omploy:,::nt, upgrading, demotion, or trans;for; rocrtilixont or ro nratitlnont advurl.ininc; layoff or b)naination; raton of pay or othor fol)n;s or corlpy)n.ati.on; and selection for training, including appronticoship, Ilia Contractor agroos to post in conspicuous places, available to employeos and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitaticus or advertisements for eanployees placod by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, sex, color, or national origin''. (3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the labor union or workers' representative of the Contractor" commitments under Section Z02 of Executive Order No, l 1246 of September 24, 1965, and • shall post copies of the notice In conspicuous places available !c employees and appli- cants for employment, (4) The Contractor will comply with all provisions of Executive Order No. 11246 of September Z4, 1965, and of the rules, regulatioris, and relevant oroers of the Secretary (5) 1he Contractor unfit furnish all inforrrrali"n and r(!porIs rrgtitreri by 1'xeeu+tivr 01-,1rr No. 112.11, of Septrmber 2.1, 1965, an,) by the ruins, rrl;olations, anti nrrfers of the Secretary of hobo', or pursuant thereto, and •vill permit a%cess to his h,r.ks, rcrorria, and accounts by the i)epartment of Ilousirg inrlUrban D,!vrlnprnrnt and th,- S^crrlar•r of Labor for purposes n(invr.stigationtoascrrlaincomplianceu,itti such r„lt- S. ,cpulatio:,s, and ordrrS. (6) In the event of the Contractor's nnncomptiance with the re-indiscrimination cl±u: rs of this e011tr3ct or with any of such ruler, reg,rlationn, or nrrfers, this contract nv,v h,: cancelled. terminated, or suspended ill whole or in part and the Contractor irav be declared itieligille for further Government contractsor Federally-assisted cunstri,rt^, contracts, in accordance with procedures authorized in Executive Order No. 112.16 of September 24, 1965, oral ruck other sanctions may be imposed and remedies mvckcd as provided in Yxeeutite U:der No, 11216 of September 24, 190-5, or by rule, regulatinn, or orler of the ,Serrrlary of labor, or as otherwise provided by lain, (7) Tile Contractor will inclurle the provisions of paragraphs (1) Ihroup,h (7) in every %lb- contr.tct or rircha~e order unless evcirptc,i by rules, rrc;uiatinns, or nolers of Ov Serret, ry of I.11!or issticrl pursuant to Section '(11 of VNr,cutivc Order No. 111'1!. r,f ten,l•er 21, 191 ri, so that r+uch prmi?ion.a will be hiuriing upon parli suhc,.-t'ame'' or venrlor, The Contractor ,,M take' such action uith respect to any -,nhcontr.ict rr pur- chaee order as the flepartinent of linusing and Urban 1:evelnprnrr:t may direcl ay ti m^ans of enforcing such provisions, including var,ctioos for noneouipliancr. j'rnvi 1c,1, s'ever' that ill t'ir evert tile, Cnntraetnr becomes invnlrr(I in, or is threolrn, 1 ~xri}i, litigation with a suht )ntractor or fens;,,r -i result of surh dlrerlinit be tl,c Uepnrtment of flousinn, and Urban 1)• velnprnrni, lhr contractor may request the United Sl,rtps to • auto into such I-ligatinn In protect the i0ereets of the United Statrs. mss:. • s2. ~..aai11111n Wages All labortre and mecleanics employed upon the work covered by thin ContrAot oh%ll be paid unconditionally and not len-j often tlum cake eaoh week, and witho%it subsequent deduntion or rebate on nny account (except such payroll dedootione no are c,zdo mandat)ry by lay and m,ch other payroll deduotiona as are permitted by the rpplfrnblo reguiA- tiono lsauod by the Seorotary of Lsbor, United Strtea Wpar.tmcnt of Leber, purvuant to the Anti-Kickback Act hereinaf!.or ido,ntlPied), the full emount duo at time of PN.Ment computed at waYa rates not leas than those contained in the wagi) deteinination dezioion of paid Socrotary of Lnbor (a copy of which iu attached an3 heroin in,:orporated by roferonae), regardlesn of cult' .ontrartunl rela'.lonahlp which Mly be alleged to exist between the Contractor or any subcontraotor and such laborero and r:ochnnice. All laborers and mechanics ei;plcyed upon ouch work shall be paid in canh, except that payment.m°y bo by check if the employer provides or aecureo satisfactory facilities npproved by the Looal. Nblio Agonoy or ltlblio &.)dy for the cashing. of the o'ame without oont or exponne to the employee. For the purpooo of thin clause, contributions made or costs zoasonably anticipated under Sootion 1 (b) (2) of the Davis-Bacon Act on behalf of laborers or mechanioe are ooneiderod wugeo paid to such laborero or meclianicn, rubjeot to tl.e provisions of Sootion 5.5(a)(1)(ty) of Tftle 29, Code of Federal Roguletione. Also for the purpxe of this claueo, regular eontribu- tionn nude or coots incurred for morn than a weekly period under plans, funds, or prograne, but covoring tho particular weekly period, are doomed to be conetruotivoly made or incurred during ovrh weekly period. tRr) MrAY?IE17'P.9 OF NAqr8 OR SKIAIIIES In case of t,ndorpaymont of wages by the Centr^ctor or by any subcontrootor to lnborors or mechcsoce employed by the Contractor or euboontractor upon the work covered by t1d o Contract, the 14cal R,blie Ag,inor or Aablio Body in addition to such other r1phta as my be Afford- ad,it under thla Contract ahsll withhold five the Contractor, out of any raym%ntn due the Contractor, so much thereof nu tl,.3 1Aeal Fublio • Agency or Public Body may consider necessary to pay such laborers or meohapiq; thej. ull amount of. wags required ,by thi f o tfigot. T e amount so Withhold maybe di''uraed by the, L, cal, Pub,io AgetnW dx public Body, for and on accovnt of the dontractor;or tho bubco~tjraotor (an may be appropriate), to the respective iabnororn'or eechanibe`to whom the came in duo or on their bohalf to plaau, Nnda,,ox programs for any typo, of fringe benefit prescribed in tl}e applicablo -wage determination. 54, ANTIOIPATED COSTS OF FRINGE WfMTS If the Contractor does not make payments to a truateb or 'other third person, he may consider as part of the wages of any-1 borer or mooh;nia the amount of any, costs reasonably 'anticipated JA '~Vvi4ing fri.ngo ;bone€itO pf}dor a "plan or proeraa} of a type oxprodely lioted in the wage detgr6indtion decision of the Secretary or Tabar`;vhich' s a parIg thfe Contraott Prb-o4'do r}ovev1" 'the Socibtdry of Labbr has found, upon the written request of the Cantroctor;'thit the ""Pk cable standards of the Davis-Bacon Act have boon met. Tho'geoi+etei~ 61 Labor may require the Contractor to,.?Qt aai44 !n a,4ep6rpto A4 4,nt aeROts + for the meeting of obligations Ui 6d :th4`pldr! or'~ptbg'i' 3 copy of e»y. ~i d d~ bythe $eprq pry of{La>?grrin u pot fo fringe benefits n$ kFovl q pY th9 G~o}itrogt r mudt,bo' bmit ~ LBoai Public Agen4Y or. b 14 tith" the'fi"rot f+ayrbli'fiied y`!ee Contractor nip6e4u*3tjt q r*3,c ip k the' Iindings`~ r r r. r 1 't 'i 1 rjtll.`} 55, koV Rm fir c uo,VO»~ g An SAFETY ~0r.{76'6tnt.,)57-3661 fiitlo 4d b.' ~',Iteotione 327- 33 a r* opntr~ ling e a reauifremett©•31o,SontrCoaoth t~aoto''b~'6ubc~ntractor jor ,er~y y? gk oh }h require or inv,Q ve, } o 04-i%kyp' ent of iabbrors op m¢e idg, o ~n watchmen eqid 16~4rd8~ j'equ3is or pe'rmit' "iabpitoi me sic in esty wox~cwb t< ; N)' ho; la g#apldy6d on pubrh V1 ~C'k' tb 'uo~r~tkh excess of 8 ho 9-~4 c~l.onahr day or in exce'se of ~0 hb b i.~ oh work week unless quo~► dat axer or meotiaric receives' com ensatioK 'S~t a rate not ieee ,4}u3n' one d one-half tit~,a his baai to off, pdy`for all hours t+oFked in.fxcegq of hoira in oily c3iendari' dam} or ~h ekceae of 40 hours ti, euo . ,Kq 14 week, a, the ,case may bb', ~ (b~ on j'oni bil~it for Un'aid ake© 1iQ4itdatad_dn W e. In the event violation 'of tti d1h Ao' so ort ih paragraph (a), the Contractor and any subcontractor responoiblo therefor shall be liable to any affected employee for hie unpaid wages. In addition, ouoh Contractor and subcontract-or shall be liable to the United States for liquidated damages. Such liquidated damages nhall be computed with roopoot to each individual laborer on mechanic employed in violations of the olaaee not forth in paragraph (a), in the oum of $10 fer each celondar- day- ...._...rd or wp rmittod 5o wolic on.NhiCkt.t3u~h_QrFPl4Yoe, was._zrguiro o, MM 1123R-S(R) of 15 8" Z ifth.. D. G fixrnieh to the contracting officer or a representative of`the Hags-your Division of the V. S. Departaent'of Labor written ovidonce of the registration of hie program and apprentices an veil as the appropriate ratios and wage rates (eirpressed in percentages of the journeyman hourly rates), for the area of construction prior to using any apprentices on the contract work. The wage rate paid apprcntibed shmlt be not lees than tho 4ppr6priate percentagq of the journey=la rate cohtAlned in the applicable wage deierminatione b.`. xraii; ee. trespt as provided 'in 29 CPR 5,1~ trainees will not L - e por ited to Work at legs than the redetermined rate for the W'611k; IP, erfcim# I uhl'eas they are e4l6yed pursuant to aid div d 1 repidterod in a ro which has recei~fed iior pproLVar eiderided fozrmaipcer~t`idAtOii by t2 e' t1.' 9p ` bopWtoiA~i't 'of 't,abdt, M9ti'pb~+or"Admiri iet'~atidt , bi i apt 'of '/.ppren- tice and Training. The ratio of trainees td-j6t n'e';,ntie'r{:'bhall t { ; bps ater,tt.'peitte,ur~der, tt}e~ plar~..aPPxoved; by the k~ueat~ of Apprenti6'6ship d ~'r~ftjtilg. es'y tt'ainEe cruet be paid it not less than the rate Ajddified i~ the approved pro- graal Corr, tie jgvgj of prpgreeo.. Arty emp~oyeo listed on the • p~ 44~, a tra#nes ra4d'I - ri not' re }stare and pa.tioi- OVA' " 1 a trairtifng' l41 n by►` t }0 Dv du bt Appi'ehtice- 3hip, lmd 'TraihUj, QM V 0 ~3id'p t ees t&h, he uAA'~~,,~~ rate d by tr ,8ecr6te~sy of ,Latioz+ fob the datoiy 1t~ olass flCat~on of work e`,~btyally'pof. orroed. Z'he cor~traotor or subco>itradtor wf11'b r@~u "d to 184 thq coniriotirlg 4tflcer"or. trepre- 4o".. ve o the' ~r bfilaion of 'the 0.' d:` pepii- dgnt of ,Lapp' .wxltt~n $v oil off' the 06t lfication f his ar'og am, th9 t,~$Yotratio o.t, tratn"'~, an the ra foe af,d cage rptQs preerba Sig ' nat`,pPbrAo, ' in the e4es}t trie Bureau o 'pb'ppro ns'imCI"th6P6On`tr'aotar uili'AodlonR°~'r De `epormitiod{tom ~►g utJ144 iimingeq,at loan than, #he"App Iioabl,Q prodeterainec rate !'or the work pe'rtoi~i& irlt 1 M 9666ptible'pr6jram-is 'r ,aP~,?'Q,VQdtlrE, . ,Y: i.. ti' o, qu ^ p~o~ment.b.~o it .,The, utiiiiatiot of pppt'Ee iccs, , txai eeq M1, ourgeymen under this part nh'il to ~n Whfdniity tl>}t ttk~Q.,egqti, .etuployy~~0Pt eppo. ity, ivq,lif,, iant0 Jbihutivo . i' , r Qr sr ~2~i4r ae, e~enda 'an4~ 2~',C P 'V 3O r HUD-'W6., D. G • 57. EMPL4YKENT OF CERTAIN PERSONS PROHIBITED No person under the age of sixtoon yearn and no person who, at the time, is serving sentence in a penal or corroetional institution ohall be employed on the work c^-iorod by thia Contract. 58. REG UTIONS PURS7ANT TO SO-CALLEZ "ANTI-KICKBACK ACT" The Contractor shall cosply with the applicable regulations (a copy of which is attached and herein incorporated by reference) of the Seoretary,r` 'aabor,,United States Department of Labor', made pursuant to the so-oal&ed "Anti-Kickback Act" `of June 13, 1934",(48.Gtat. 91+6t 62 Stat. 6621 Title U.S.U., Section 674: and Title h0 U.S.C., 6,otion 2760), sad, W amendments or modifications thereof, shall cause Apprgpriate provisions to be ineertea i~ suticontkaoto to ineuro complisnbb therewith by all subcontraoto a s03ect thereto, and shalt be keepopoiblo for the submi4eion of affidaYits rkuf,red b'' eubcontj aotbrs thoroVndar, except ae seid Secretary;of Lab4x,.n<ay saoifigally:provid~e~for reasonable .ii,aitations, Yaxiatio a, tolerances, and,exemption9 froti he require- laonts theeof`, 1. t 59. EMPWt'44~6'0U00 S OEt MECgANICS '2 QT Lfdti D Ili' JlE' hMkn WJ.GE DETFUti$INA i02i DFC,I,Stdii E Ar~r clage, of l:~bOora,;or'0,echan In %'(~ieh 6" note listed in the wage detormipation and which is to. be 06pl¢ydd ~nd6'r i &AtAct will be oia6eitiod.ox reoiasoified;conformably 6 'the flag4 de'tot}aination by the ioosl,Public, Ad-gnoy'ox i Aiio W x, , od a't4poit or the` Oct .on taken shall be sut~mitted.,by the,Ipoal ?uolio Agecy'oi! Public 9ody, through the Secra,ta*, of Sousing and Urban I votopc'ktt to th9 e`dretary of Labor, Unitod,Btate ,.hppartmQpt f Labore XA ,thA Qgeri "the interested parties, owupt agree ,o~~tbei prop Qic olagoii'ioattgil br `ab aseification ar ndaOn ofdttio ai td b ~i0d, soy the or question 4 particular q of l l~ub be accompan;ea by,the ,rooouub Q Body shall 6 re to, a. .i hs'o 4h0he $ecibtm dit gouh and Urban " ,Secretary'of.t~abfo.c final deteim~ation, Development.to,the Fi~I 'C Fi25 ~ aSEb 8CUliY,Y 'WAI`L 9 8 ¢0 T k, [ >I op The Local Public Agency or Public Body shall1X4o4 iii6j whenever the VFBe ate,pfqecribed in thgg Contract for a olaes of laborers or mechanica,~nQ udee.a EriggQQ boheiit which is not oupresedd eb an hourly yego:rate and the Cbrttr E'tbr'is obligated to pay oaeh'eq+4lvalent of such r establichod. a fr~isge benet'it`~;,tsn`ha ler CAbh"e{~uivH16tlihorebflto ie In the event tkio ' t~Z416##eb'p~ib1~"Od~utOt''tlgrco ~i~of►' kt'iaeh equivalent of the fringe benefit, the question, accomp.7nied by the recommendation of the Local Public Agency or Puilie Body, shall be referred, through the Secretary of Sousing and Urban Development, to the Secretary of 'labor for.detertOWIo 1 l • 61• POSTIMf uAOE DvdM4b?ATI0,Y MOISIONS AND AUT8oAI7F~ irASS b nd6rl0trs Tho'applicablo wage p6ater of thA Secretary of Labor, Uhitjed Statee Departmoht bt Labor, and the applicable wage dote-mfnaI decisions of said Secretary of Labor with reepeot to tho various olaeaification"of laborord ahd mochaniee employed and to be employed upon the stork covered by thie Contract, and a statement showing all deductions, if'aq,i'n accordance with the provisions of this Contract, to be ioade from 'w4vs actually earned by perebns oo employed or to be employed in duch'olassi- licationo, shall be posted at appropriate conspiouous points'at,the' site of the work . 62. MUIN'P$, PROCEF.nM$0 OR TESTV,0MY rif EMPLOYEES , No' laborer or meghaho to whom the k~, eala ' ry, or other labor! standards piovieione o,f this dontYaot ata' applidabld shall be, diich:irVd or In ' any piahdot didorLt tany ~ agetinet by 'the. G,ont;actior, o;; ~~iy dubdontraotb'r because euch' e~ioyec hes 'I'fls~] ' riy comlilafn't o}~ instituted or oa eed, ~tq' be' ineti!'tuted s?1Y proceeding of M''s teoti i0a q~ is abc ut to teat if. ift'ay rocoadi u„ter or' rel'at irij t` ttie labor e'tandards appli- "oabld de~ thi9 Con'tr'a 'Eo his' einp2oye>e to - 63; b111kS-A0 pi Mt 3 iTAINI~1 TO VALE 94TES rr ria'~~q olaAn ~d mebhh teaepe~pl yp ►ponkth e sriot[A oVerAd D' tf! 'ions Of 1'_,,orore and eohAnic y }~i rtract e}.an to promptly Aporteb by tho Contrid, itt siting to fh Wdal S °solie''A`$enoy. or A bl'ic 'Body f6r 'referral by th6 letter ttir4ugh',th , Seoretazry' U gotieing `and 'Urbui Dodelopmont to •ihe So ,e gfy''oP f, bOr L ' tthIt0d'StateA bejsarimeit of Laboi yhoae`debi61on swi bo'tinA~'r th respdbt' thereto., 64. QUESTIONS CONCF.tU'I M CERTAIN MERAL 81'A'I'UPEd AND' FMdV1At1 `fiS' 4 ing b licati oeoriinterpretation dof 4) the atpre'said lcAnatA 'bo' the''' a r ( , , i• ~{i~ckback Act, the C6nfia6t cork I cku 'a~{ y . tatldaias Aot, (c), tSol'~fores rid ' Davis=Bacon Adt, (d) th`a re atione aau'od' IInited'Statea'- `bY the 5`ecro>iaiy'ot~ f:~~or, Departcsent of Labor, p+~rsudn'' t6 rAid kctd;''bz~ ( tf~© ]:ab6' sto darde pr VIaiona of arty ot}ier arttit tmt T Odo6i s f gt ' d~~'shall be ►te~tod ''t xuug}ti''the •Lobii PA116' i array or P„blid,' o~y an. th Seorot bt g'0i1E1 g'an4 VA'' ti l)ovelopmont, to 'thg t6o~otarli dY'Lab'or, vz}itod talcs bcpa~ ,,giant 'of ','abori, 'tax paid $eeigtnry"o Appttopridt''d kaw`Or? hits , tAtioh' hich'ohal 1 b? .'ohdiii -t4, 'A - id mai► be liod upon for .,Q ~ ; aoa bf 4'diorac~t. 65. PAYROLLS AND BASIC PAYROLL MC)R& Qp''C01)jjeCTOR: 'A6 `5UD001rrh6M di► toxtae`e ebtisfaot'o`it~Aad 1inbnClrOrdSrscd'vit}illn'et•.udtfon's`{p It4L Ly MUI-YAA4 D. G the ASoiroy.4 P . ,a biio Body The Contractor • furnieheil by iooal Pu b11o , , , , shall submit weekly to the Local Public Agency or Public Rod, two certified ,opies of all payrolls of tho Contractor (%nd of the subcon- tiaotore, it being understood that the Contractor shall be xvsponpibis aci: for the sA iseion of copies )f payrolls of all sabcontractora, srueh payroll shall contain the "Weekly Statemant of Compliance" not forth in Section 3.3 of Title 29, Code yf federal Regulationa. The payrolls and basic payroll records of the Contractor and each suboon- tractor e6verhig all laborers and mechanics employed upon the work covered by thin Contract shall be maintained during the course of the work and preserved for a period of 3 years thereafter. Such payroiJo and basic payroll roeordc shall contain the name snd addroon. of each such employee, his correct olaseifioation, rate of pav, (in olvdjn,%,;VAtes of oontributions or toots anticipated of the typos described 'in Section 1(b)(2) of the Davts-Bacon Aot), daily an4 yreekly number of hours worked, deduotiohi made, and actual wages paid. •Y~z addition, whenever the- Seoretary of Tabor has found under Section $.'k{a)(4(iv} of Title 291 Code o'$ sederal Regulations, that the wayos of ,any aborer or, mpOwio inolue.o the :,kgount, of any 'Goats; reasonably anticipated; in p idI4 *,ariefits }ird r a 1 ox progreA desoxllzedSo'otion 1(b)(2)(Il) ,of the DAVi6-tao4n Adt', he Contteq or,or, eybbaFqq~ytractov oh'411':paintair ocprds which s}ow that the commit'rcent`to provido such benefits is enforceable, that the plan or program, in f4woially ,roarnsibl,o, and thaw the rp}an or Frcgrara has been'oommunioated'in writing fo Aa lacorere or ceclanice eff@gtod, gnd.rgcoVde whiCh,6haW.,tho ,costa pnticip4t14 or, the fotual oost'.lncu~r'ed l:i provid;ing such benof.~,te. mke Contractor ,and, each,, IN 4' 00r,'i aotor shall make t►is 3mployruent records with-respeot to poreons e~*;loy d by him upon,ithe work covered.by•ihie Contiia t avillable• for tart', of aoA94t10 and ins,1644tion by au,thorizod re reAentativea ,oP the.Ssc. ro, tlrbk173eVelopment, the Loge Public Agency, or Rib11o 84dy, aPd tfio,;pnited dtutee 'Gparfinent of Tabor. Such ropresentativos shall be pextaii~ttod to interview employees of the Contractor or of any subcontractor during worktnkt hours; on the, , job,, 668 OPEQIFIO CQVWG OP CR?.WJ MPS OF WQRK PT W40X, i A r'ne trarispor i»g of taatez l4 and supplies to or, f; is the alt~l of the Prro~eot 4r 'lsrograur to wMgh this Contrao,t pgrtaina by th4, employees of tt%e, ontraotor or of arl~y subcontra4tbr,. cy►d .tt;o manufagturipa ;q;j furniohWt, (erjals, articles, supplies, ox equipment on tho,p,}te o! ,hd Pro3oot or $acogreta to ;w}htoh thla Cantrcyo Pert(~~sina by Paps4PP r employod'by the Contraofoi or by any subCcntrao Ogg eh, ;.,tbr t o,rr S4OO of this CoAtraot,'and without lng tho generality of,A a ing prgvioi4rl4 of this Contract, ~po,mod bo .b:g worts , to Federal f,a 6 -Standaida yrcvisiorr a pllcee. A P. . , 1 67 I~tEt~T~1~tE ~corrr~CSoas „ , • , . . ~r t • T,he. Contractor ,4ha,11 not eubcontra ,t ,.any Pmt, ~f ,th© ~9?k covered byfhie Contract or Oai;At subcontrag,tc~ work 'to bo ilurth'cr sobec,Oractod t 21) r "YD-1oo)% D. C. without the Local Public Agency's or Public Bodyto prior written appro val of the subcontractor. The Lo.;al Public Agency or 'lublic body will not approve any subcontractor for work covered by this Contract who is at the time ineligible under the provisiono of any applicable regulations issued by tho Secretary of Labor, United States Dopartment of Labor or the Secretary of (lousing and Urban Development, to recoive an award of such subcontract. 68. PROVISIONS TO BE INOLUDED n( CERTAIN SUM011TRACTS The Contraotor shall include or cause to be included in each uubcontraot covering any of the work covered by this Contract, provi- sions which are consistent with these Federal Labor Standards Provielono and also a clause requiring the subcontractors to include such provisionb in my lower tier subcontracts which they may enter into, together with a olause requiring such insertion in any further subcontraote that may in turn be made. 69. MUCH OF IVRDGOING MERAL LABOR STANDARDS PROVISIONS In addition to the causes for termination of this Contract ea herein elsowhero set forth, the L,ooal Public Agency or Public Body roderves the right to termintsto this Contract If the Contractor or any subcontractor whose subcontract covers any of the work covered by this Contract shall breach any of these Federal Labor Standards Provisions. A breach of' these Federal labor Standards Provisions may also be grounds for debarment as provided by the applicable regulations issued by the Secretory of Labor, United States Department of Labor. 704 Employment Practices Tne Contractor (1) shall, to the greatest extent practicable, follow hiring and empioyme•ns practices for work on the project which will provide new johopportunitirsforthe un.•n,ployr.i and u:sderemploycd, and (2) shall insert or cause to be inarrtcd the same prnvision in each construction subcontract, 71, Contract Termination; Debarment A breach of Sention W and the Federal Labor Standards Provisions, may be grounds for termination of the contract, and for dobarment as providod in 29 CFR 5.6. 21 • HIM 03A-S(R) ItVDr..A„D.a. 10. SPFOIAL CONMTIONS PMTAINI}d0 M HAZARDS ~A1111MDS XRU OCIDEITT-P A. Lead-Fused Paint Hazards ® (Applicable to contracts for construction or rehabilitation of residential s truc t.-e d) 'M construction or rehabilitation of residential structures is subject to fie HUD Lead-Based Paint regulations, 2!i CFR Part 35. The Contractor and Subcontractors shall comply frith the provisions for the elimination of lead-base paint 'iazards under sub-part B of said regulations. The owner will be responsiblo for the inspootions and certifications required under Section 3r-lb(f) therecf, B. Use of Explosives (Modify as Required) When the use of explosives is necessary for the prosecution of the work, the Contractor shall obsorva all local, state and Federal laws in purchasing, and handling oxplosives. The Contractor shall take all necessary precaution, to protect completed work, neighboring property, water lines, or other under- ground structures, Where there is danger to structures or property from blasting, the charges shall be reduced and the material shall be covered with suitable timber, stool or rope mats, The Contraotor shall notify all owners of public utility property of intention, to use explosives at least eight hours before blauting is done, close to such property. Any supervision or direction of use of explosives . by the Engineer, does not in any way reduce the responsibility of the Contraotor or his Surety for damaf,es that may be caused by such use. C, Danger Signals and Safety Devices (Modify as Required) The Contractor shall make all necessary precautions to guard against damages to property and injury to parsons, He shall put up and maintain in good condition, sufficient red or warnirg lights it, night, suitable barricades and other dovinos necessary to protect the public. In case the Contraotor fails or neglects to take such precautions, the Ownor may have such lights and barricades installed and chareo the co6t of this work to the Contractor. Such action by the Otimer door, not rolieve taw Ccrntrnctor of any liability incurred under thuso specifications or contract. • LMM