HomeMy WebLinkAboutResolution - 1961 - Contract - Continental Automatic Dorrs Inc - Slide Gate Operators & Repair, LIA - 02/28/1985Resolution #1961
February 28, 1985
Agenda Item #37
HW -.da
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract
with Continental Automatic Doors, Inc., for the installation of slide gate
operators and repair of a gate at Lubbock International Airport, attached
herewith, which shall be spread upon the minutes of the Council and as
spread upon the minutes of this Council shall constitute and be a part of
this Resolution as if fully copied herein in detail.
Passed by the City Council this 28th day of
ATTEST:
e soya, city SecreLary
APPROVED AS TO CONTENT:
ene
E -9d -A Purchasing Manager
APPROVED AS TO FORM:
arold Willard,�tCity Attorney
CITY OF LUBBOCK
SPECIFICATIONS
for
TITLE Fencing-Repair/Replacement Gate Operators
ADDRESS Lubbock International Airport
PREPARED BY:
. DEPARTMEATT Administrative Services
BID# 8374
.t
I
ADVERTISEMENT FOR BIDS
BID# 8374
Sealed proposals addressed to Gene Eads, Purchasing Manager, City of
Lubbock, Texas, will be received at the office of the Purchasing Manager,
Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401
until 2:30 o'clock p.m. on the 19t -h day of February, 1985 to furnish all
labor and materials and perform all work for the construction of the
following described project:
INSTALL AND REPAIR SLIDE GATE OPERATORS AT LUBBOCK INTERNATIONAL AIRPORT
After the expiration of the time and date above first written, said
sealed proposals will be opened by the Purchasing Manager at -his office and
publicly read aloud.
The plans, specifications, proposal forms and contract documents may
be examined at the office of the Purchasing Manager for the City of
Lubbock, Texas.
Attention of each bidder is particularly called to the Schedule of
General Prevailing. Rate of Per Diem Wages included in the contract
documents on file in the office of the Purchasing Manager of the City of
Lubbock, Texas. 'Each bidder's attention is further directed to the
provisions of Article 5159a, Vernon's Ann. Civil St., and the requirements
contained therein concerning such wage scales and payment by the contractor
of the prevailing rates of wages as heretofore established by the City of
Lubbock.
Y d6_ 4nEads, C P M
Purchasing Manager
NOTICE TO BIDDERS
BID 0 8374
Sealed proposals addressed to Gene Eads, Purchasing Manager, City of
Lubbock, Texas, will be received at the office of the Purchasing
Manager, 1625 13th St., Room L-04, Lubbock, Texas, 79401, until 2:30
o'clock p.m., on the 19th day of February, 1985, to furnish all labor
and materials and perform all work for the construction of the
following described project:
INSTALL AND REPAIR SLIDE GATE OPERATORS AT LUBBOCK INTERNATIONAL
AIRPORT
After the expiration of the time and date above first written. said
sealed proposals will be opened by the Purchasing ?tanager at his
.office and publicly read aloud.
it is the sole responsibility of the bidder to insure that his bid is
actually in the office of Gene Eads, Purchasing Manager for the City
of Lubbock. prior to the expiration of the date above first written.
The City Council will consider the bids on the 28th day of February,
1985, at Municipal Bldg. , Lubbock, Texas, or as soon thereafter as ma:
be reasonably convenient, subject to the right to reject any or all
bids and waive any formalities. The successful bidder will be.
required to furnish a performance. bond and payment bond in accordance
with Article 5160, Vernon's Ann. Civil St. , in the amount of 1001P of
the total contract price in the .event that said contract price exceed-
$25,000.00.
xceed:$25,000.00. If the contract price does not exceed $25, 000. OQ the sai4
statutory bonds will not be required.
Bidders are required', whether or not a payment or performance bond is
required, to submit a ca-shi-er' s or certified check issued by a bank
-satisfactory to the City of Lubbock, or a proposal bond from a
reliable, surety company, payable without recourse to the order .of the
City. of Lubbock in an amount not less than 5% of the total amount of
the bid submitted as a guarantee that bidder will enter into -a
contract and execute all necessary bonds (if required) within 10 days
after notice of award of the contract to him.
It shall be each 'bidders sole responsibility to inspect the site of
the work and to inform himself regarding all local conditions under
which the work is to be done. It shall be understood -and agreed that
all such factors have been thoroughly investigated and considered in
the preparation of the bid submitted.
The plans, specifications, proposal forms and contract documents may
be examined at the office of the.Purchasing Manager for the City of
Lubbock, Texas.
Attention of each bidder is particularly called to the schedule of
general prevailing rate of per diem wages included in the contract
documents on file in the office of the Purchasing Manager of the.City
of Lubbock, which document is specifically referred to in this notice
to bidders. Each bidder's attention is -further directed to provision
of Article 5159a, Vernon's Ann. Civil St., and the requirements
contained therein concerning the above wage scale and payment by the
contractor.of the prevailing rates of wages as heretofore established
by owner in said wage scale.
CITY F LUBBOCK
B.": Gen E ds. C. P. M.
Purchasing Manager
1. NOTICE TO BIDDERS
2. GENERAL INSTRUCTIONS TO BIDDERS
3. BID PROPOSAL - BID FOR LUMP SUM CONTRACTS
4. PAYMENT BOND
5. PERFORMANCE BOND
6. CERTIFICATE OF INSURANCE
7. CONTRACT
S. GENERAL CONDITIONS OF T -E AGREE3•ENT
9. SPECIFICATIONS
10. NOTICE OF ACCEPTANCE
L
The work to be done under the contract douments shall
consist of the following:
Furnish and install three slide gate operators and make
repairs or replacement of existing gates as required to
provide a fully automatic system at three gate locations
The contractor shall furnish all labor, superintendenc-e,
machinery, equipment and all materials necessary, to complete
this project in accordance with contract documents.
All work covered by this contract shall be done in
accordance with contract documents described in the General
Conditions.
All bidders shall be thoroughly familiar with all of the
requirements set forth on the contract documents for the
construction of this project and,shall be responsible for
the satisfactor; completion of all ;,ork contemplated b;y said
contract documents.
It is the intent of the City of Lubbock that all pantie^
with an interest in submitting a bid on the project cc:%-ered
by the contract documents be given a reasonable opportunity
to examine the documents and prepare a bid without charZe of
forfeiture of .deposit. The contract documents, may be
examined without charge as noted in the Notice to Bidders.
4. T_i_tfiE__A.t D--o-Rp E_P..-Q. rt. 0 MP_ LF_TJ_Q.N
The construction covered by the contract documents shall be
fully completed within 45 calendar days from the date
specified in the Notice to Proceed issued by the Cit;; of
Lubbock to the'successful bidder.
The Contractor will be permitted to prosecute the work in
the order of his own choosing, pro -.sided, however, the City
recerves the ri.,rht to require the Corntract:or to oubadt. a
progress schedule of the work contemplated by the contract
documents. In the event the Cit;; requires a progress
schedule to be submitted, and it is dete-railned .by the Ci t;
-that the progress of th.- Nork is not. in accordance with the
rc:
ress cchedule so u reit . d; the Cit:. ..,a;; direct she
Contractor to take such :tctlon as i};2 Cit_--, de=ms neC2 at';
5
M
0
to insure completion of the project within the time
specified.
.F.'_AX.M-EIN 1.
All payments due to Contractor shall be -made in accordance
with the provisions of the General Conditions of the
contract documents.
The City of Lubbock reserves the right, prior to final
acceptance of this project to require the Contractor to
execute an affidavit that all bills for labor, materials and
incidentals incurred in the construction of the improvements
contemplated by the contract documents have been paid in
full and that there are no claims pending, of which the
Contractor has been notified. '
The intent of
these contract documents is that only
materials and
workmanship of the best quality and grade
call
be furnished.
The fact that the specifications may fail
to
be sufficiently
complete in some detail will not relieve
the
Contractor of
full responsibility for providing materials
of
high quality
and for protecting them adequately until
incorporated
into the project. The presence or absence
of a
representative
of. the City on the site will not relieve
the
Contractor of
full responsibilit.- of complying with this
pro%,ision. The
specifications for materials and methods
set
forth in the
contract documents provide minimum standards
of
quality which
the Owner believes necessary to procure a
satisfactory
project.
.G UA.P AELI E.E.5.
All equipment and materials incorporated in the project and
all construction shall be guaranteed against defective
materials and workmanship. Prior to final acceptance, the
Contractor shall furnish to the Owner, a written general
uarantee which shall provide that the Contractor shall
remedy any defects in the work, and pay for any and all
dama-"es of any nature whatsoever resulting in such defects,
when such defects appear within one year from date of final
acceptance of the work as a result of defective materials or
workrianshi p, at no cost to the Okiner {City of Lubbock).
Th,-., contractor will be furnished one set of drawings,
spo-:'ifications, and r=�Iclted ecntract dcicufiiPnts for hi-- use
elui 1, t]_ co11 :tructiotl. r'i3r}S I'd-1P0c.if.i i:£ttionS "i c US0
du: _ ni ; construction :i 1 c•nl:: b furr;ii spied di reef: ],-. `.:; tha
Contractor- The Contractor shall then distribute copies of
plans and specifications to suppliers, subcontractors or
others, as required for proper prosecution of the work
contemplated by the Contractor.
The Contractor shall be responsible for the care.
preservation, conservation, and protection of all materials,
supplies, machinery, equipment, tools, apparatus,
accessories, facilities, and all means of construction, and
any and all parts of the work whether the Contractor has
been paid, partially paid, or not paid for such work. until
the date the City issues its certificate of completion to
Contractor. The City reserves the right, after the bids
have been opened and before the contract has been awarded,
to require of a bidder the followin-Z information:
(a) The experience record of the bidder showing completed
jobs of a similar nature to the one covered by the
proposed contract and all work in progress with bond
amounts and percentage completed.
(b) A sworn statement of the current financial condition of
the bidder.
( c) Equipment schedule.
This. contract is issued by an organization which qualifies
for exemption provisions pursuant to provisions of Article
20.04 of the Texas Limited Sales, Excise and Use Tax Act.
The Contractor must obtain a limited sales, excise and use
tax permit which shall enable him to buy the materials to be
incorporated into the -work. without paying the tax at the
time of purchase.
12. �'�E.Q. �e
It shall be the Contractor's responsibility to prosecute the
wort, contemplated by the contract douments in such a way as
to exercise due care to locate and prevent damage to all
under,_*�round pipelines, utility- lines, conduits or other
underground structure:. ulliic h miz_.ht or could be damo_,�d. b;
Contractor during the construction of the project
contemplated by these contract. docu,Tie,its. The Cit; 'Of
Lubbock agrees that it will furnish Contractor the location
OF all such underground line: and utilities of which it has
knowled e. However, such f 3Ct shall not relieve the
-Contractor of his respc!nslbiliti-?s iii['+�ITiE?ntll%ntd. All :tach
under round lines or struc- t aces cut. -4r daaiarmed
duri n� the prosecution !:.ork cor[tt anglated r t .:i s
contract shall be repaired immediately by Contractor to the
satisfaction of the Cit;- of Lubbock, Texas, at Contractor's
expense.
13. ME A_UF5-
14.
The contractor shall, at his own expense, furnish and erect
such barricades, fences, lights and danger signals, and
shall take such other precautionary measures for the
protection of persons, property and the work as maY be
necessary.
The Contractor will be held responsible fc•r all damage to
the work due to failure of barricades, si=ns, and li=}its to
protect. it, and when damase is incurred, the dama%ed portion
shall be immediately re.:o ed and replaced t y Contractor at
his own cost and expense. The Contractor's responsibility
for maintenance of barricades, sins, and lights shall' not
cease until the date of issuance rtc• Contractor of City's
certificate of acceptance of the project.
The use of explosives will not be permitted. unless written
permission to do so is obtained by the Contractor from the
City. In all cases where written permission is obtained for
the use of explosives, the Contractor shall assume full
responsibility for all cam.a,.!,e which may occur as a. direct or
indirect result of the blastins. In addition, in all cases
where explosives are authorized to be used. the Contractor
shall use utmost care s as not to endan;er life or property
and the Contractor shall further use on1v such methods as
are currently utilized �,• persons, firms. or corporations
engaged in similar type of construction activity,.
Explosive materials shall not be stored or kept at the
construction site by .the Contractor.
In all cases where explosives are to be used during the
c=onstruction of the pro_fect contemplated by this contract,
it shall be the duty of the Contractor to notify each
utility company having structures iabove or below the
ground) in proximity to the's.ite o the work of Contractor's
intention to use explosi".-es, and such notice shall be `iven
sufficiently in advance to enable the companies to take such
steps as the.- may deem. necessary to protect their property
frc.:rn injury. Such noti:e, however, shall not relieve the
Contractor of respensi b_ li t or d;, 1T darae resulti n; from
his blasti•ng operations.
The succe,-_fuI bidder .....l• be required to ,,a e s
re_ponsible local repoe -r,t. iti-:e a-:ailable at all ti.rer.
while the cork is in progress under this contract. The
successful bidder shall be required to furnish the name,
address and telephone number where such local representative
may be reached during the time that the work contemplated by
this contract is in progress.
16. 1 LL�15-M.Q.E.
The Contractor shall not commence work under this contract
until he has obtained all insurance as required in the
General Conditions of the contract documents, from an
underwriter authorized to do business in the State of Texas
and satisfactory to the City. Proof of coverage shall be
furnished to the City and written notice of cancellation or
any material change will be provided ten ( 10) days in
advance of cancellation, or change. All policies shall
contain an agreement on the part of the insurer waiving the
right to subrogation. '
The insurance certificates furnished shall name the City as
an additional insured and shall further state that all
subcontractors are named as additional insureds,'or in the
alternative, shall be accompanied by a. statement from the
Contractor to the effect that no work on this particular
project shall be subcontracted.
Attention of each bidder is particularly called to the
schedule of general prevailing rate of per diem wa,;es
inci.uded in these contract documents. The wage rate which
must be paid on this project shall not be less than
specified in the schedule of general prevailing rates of per
diem wages as above mentioned. The bidders' attention is
further directed to the requirements of Article 5159a,
Vernon's Annotated Civil Statutes providing for the payment
of the wage schedules. above mentioned and the bidder's
obligations thereunder. The inclusion of the schedule of
general prevailing rate of per diem wages in these contract
documents does not release the Contractor from compliance
with any wage law that may be applicable. Construction work
under this contract requiring an inspector will not be
performed on weekends or holidays unless the following
conditions exist:
(1) The project being constructed is essential to the City
of Lubbock's ability to provide the necessary service
to its citizens.
(2) Delays in construction are due to factors outside the
control of the Contractor. The Contractor. IS
approaching the penalty provisions of the contract and
Contractor can 'show he ha's made a diligent effort to
complete the contract ttiithin the allotted time.
Before construction work requiring an inspector is to be
performed on weekends or holidays, the Contractc•r mu.t
notify the Owner's Representative not less than three full
working days prior to the weekend or holiday he desires to
do work and obtain written permission from the Owner' s
Representative to do such work. The final decision on
whether to allow construction -work requiring an inspector on
weekends or holidays will be made by the Owner's
Representative.
In any event, if a condition should occur or arise at the
site of this project or from the work being done under this
contract which is hazardous or dangerous to property or
life, the Contractor shall immediately cormence =_.ork,
regardless of the day of the week or the time of da3-7 to
correct or alleviate such condition so that it is no longer
dangerous to property or life.
F__EXjT'_L Q..X_U..$__...A'i_I?..._..F..�._I�. _ i.(' _.._C'_� _._ _p_
The contractor and each of his subcontractors shall pay each
of his employees engaged in work on the project under this
contract in full ( less mandatory le ;al deductions' in cash,
or by check readily cashable without discount, nct less
often than once each week. The Contractor and..each of his
subcontractors engaged at the site of the work shall not
later than the seventh day following the payment of wages,
file with the Owner's Representative, or Engineer, a .
certified, sworn, legible copy of such payroll. This shall
contain the name of each employee, his classification, the
number of hours worked on each day, rate cf pay, and net
pay. The affidavit shall state that the copy is a true and
correct copy of such payroll, that no rebates or deductions
( except as shown) have been made, or will in the future be
made from the wages paid as shown thereon. The Contractor
must classify employees according to one of the
classifications set f.orth in the schedule of general
prevailing rate of per diem wages, which schedule is
included in -the contract documents.
The Contractor shall forfeit as a penalty to the City of
Lubbock on whose behalf this contract is :-ade, ten dollars
for each laborer, workman, or .mechanic em;�lol',Ved for each
calendar day, or portion thereof, such laborer. workman or
mechanic is paid less than the wanes assined to his
particular classification as set forth in the schedule of
I-eneral prevailing rate of per diel wages included in these
contract documents.
Proposals submitted contai.nin army cc,ndit:ons which provide
fGt changes in the stated bid 'prise due t= ir;crel,ses or
decreases i.n the cost of materials, labor or other items
required for the project will be rejected and returned to
the bidder without being considered.
20. F F_4�?_A_U_QB -D.8__PP�P_9 _A..
The bidder shall submit his proposal on forms furnished by
the City. All blank spaces in the form shall be correctly
filled in and the bidder shall state the price both in words
and numerals, for which he proposes to do the work
contemplated or furnish the materials required. Such prices
shall be written in ink, distinctly and legibly, or
typewritten. In case of discrepancy between the price
written in words and the price written in figures, the price
written in words shall govern. if the propsal is submitted
b,; an individual, his name must be signed by him or his duly
authorized agent. If a propsal is submitted by a firm,
association, or partnership, the name and address of each
member must be given and the proposal cigned by a member of
the firm, association or partnership, or person duly
authorized. If the proposal is submitted by a company or
corporation, the company or corpoate name and business
address must be given, and the proposal signed by an
official or duly authorized agent. Powers of attorney
authorizing agents or others to sign proposals..must be
properly certified and must be in smiting and submitted with `
the proposal. The proposal shall be executed in ink.
Each proposal shall be enclosed in a sealed envelope;
addressed as specified in the Notice to Bidders, and
endorsed on the outside of the envelope in the following
manner:
(a) Bidder's name
( b) Proposal for ( description of the project) .
Bid proposals may be .withdrawn and resubmitted at any time
prior to the time set for openin of the bids, but no
proposal may be withdrawn or altered thereafter.
21. B. Q_U�1
Bidder understands and agrees.that the contract to be
executed by bidder shall be bound and include the follpwing:
( a) 2iotice to Bidders.
( b) General Instructi c:'ns to Bidders.
( c) Bidder' s Proposal.
( d) Statutory Bond i i f required) .
( e) Contract Aree�ren.
( f) General Co,,di ti :-ns.
( g) Special Condition_, if ar,, .
h) Speci fi cati ons. '
( i) In-- urar,ce Ct�rt:i f'i es.
(.j) All other documents made Z a lable to Bidder
for his inspection in accordance with the ':otice
to Bidders.
If Plans and Specifications are too bulk;: cumberscme to
be physically bound, they are to be consdi:ed incor;:rated
by reference into the aforemen.tioned contract doumens.
for his inspection in accordance with the Notice
to Bidders.
If Plans and Specifications are too bulky or cumbersome to
be physically bound, they are to be considered incorporated
by reference into the aforementioned contract documents.
C), So
Ci l�0
l B - yo
it-�
1
1
1i
BID PROPOSAL
BID FOR LUMP SUM CONTRACTS
i
DATE_F bP-L►"_lS}.i5a-'5------
PROJECT NO.3-1<4
Proposal of
(hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas
( hereinafter •called Owner)
Gentlemen:
The Bidder., in -compliance with -lour invitation for bids for the
construction of a
_ N._s_'t1�l _Se ---G aTw__PS-�r--RATQIZS --A--------------
having carefully examined the plans. specifications, instructions
to bidders. notice to bidders and all other related contract
documents and the site of the proposed work, and being familiar
with all of the conditions surrounding the construction of the
proposed project including the availability of materials and
labor, hereby proposes to furnish all labor_ materials, and
supplies: and to construct the project in accordance wi.th-the
plans. specifications and contract documents, within the time set
forth therein and at the price stated below_ The price to cover
all expenses incurred iri performing the work required under the.
contract documents. of which this proposal is to be a part, is as
follows: Np
------------------------------------
(Amount'shall be shown in both words and figures. In case of
di screpancy. the amount shown i n words shall govern. )
-Ai�ecNa-l'� #'1. �� im►Na-te. �icc�N,cA�
06 � —_"
12
Bidder hereby agrees to commence the work on the above
p.roject on or before a date to be specified in a written "Notice
to Proceed" of the Owner and to fully complete.the project withii
__________ consecutive calendar days thereafter as stipulated in
the specifications and other contract documents. Bidder hereby
further agrees to pay to Owner as liquidated damages the sum of
for each consecutive calendar day in excess of the
time set forth hereinabove for completion of this project, all a,
more fully set forth in -the general conditions of the contract
documents.
Bidder understands and agrees that this bid proposal shall
be completed and submitted in accordance with instruction number
20 of the General Instructions to Bidders.
Bidder unde.rstands that the Owner reserves the right to
reject any or all. bids and to waive any formality in the bidding.
The. -Bidder agrees that this bid shall be good and may not
withdrawn for a period of thirty ('0) calendar days after the
scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited
the si te. of the work and has carefully exarrmi ned the plans.
specifications and contract docurnents pertaining to the work
covered' by this bid. and he further agrees to commence work on
before the date specified in the written notice to proceed. and
to substantially complete the work on which he has bid; as
provided in the contract documents.
Enclosed with -this proposal is a Cashier's. Check or
Certified Check for
llars ( $_-797 ) or
Proposal Bond in the sum of
------------------------------------ I ---------------- Dollars
($_______________), which it is agreed shall be collected and
retained by the. Owner as liquidated damages in the event the
proposal is•accepted by the Owner and the undersigned fails to
execute the necessary contract documents and the required bond
(
if any) with the Owner within ten ( 10) days after the date of
receipt of written notification of acceptance of said proposal;
otherwise, said check or bond shall be.returned to the
undersigned upon demand.
bidder understands and agrees that the contract to be
executed by Bidder shall be bound and include all contract
documents made available to him for his inspection in accordance
with the Notice to Bidders.
Contractor '
BY: - ----------
----�Ae-; 5- L�se- n) ---------------
(Seal if Bidder is a Corporation)
ATTEST:
----------------------------------
Secretary
oCertification
of Insurance Coverage for
ORDWAY SAUNDERS CO.
COMPANIES AFFORDING COVERAGES
BOX 1149 a AMARILLO, TEXAS 79105
COMPANY
-
LET TEa PROVIDENCE LLOYDS INS. CO.
LETTER "Y B R L I INS. CO.
NAME AND ADDRESS OF INSURED
1) Royal Glass of Amarillo, Inc.
COMPANY
LETTER
2) Royal Glass of Amarillo, Inc. dba
COMPANY
D
Continental Automatic Doors
LETTER
P.O. Box 2528
COMPANY
Amarillo Texas 79105
E LETTER E
This is to certify that policies of insurance listed below have been issued to the
insured named above and are in force at this time.
Limits of Liability in Thousands (000)
COMPANY
LETTER
TYPE OF INSURANCE
POLICY NUMBER
POLICY
EXPIRATION DATE
EACH
OCCURRFNCE
AGGREGATE
GENERAL LIABILITY
BODILY INJURY
: 300
$ 300
A
ED COMPREHENSIVE FORM
TMP30 18 68
8/7/85
10
PROPERTY DAMAGE
B IOU
B IOU
PREMISES—OPERATIONS
AND COLLAPSE
❑EXPLOSION
HAZARD
❑ UNDERGROUND HAZARD
PRODUCTSCOMPLETED
_
OPERATIONS HAZARD
BODILY INJURY AND
KICONTRACTUAL INSURANCE
PROPERTY DAMAGE
S
S
{0 BROAD FORM PROPERTY
COMBINED
O.J DAMAGE
KI INDEPENDENT CONTRACTORS
KI PERSONAL INJURY
' Applies to Products /Completed
S 300
Operations Hazard.
(PERSONAL INJURY)
AUTOMOBILE LIABILITY
BODILY INJURY
(EACH PERSON)
S 250
.T
A
C{�
COMPREHENSIVE FORM
GA41 01 58
8/7/85
DILY INJURY
(EACH OCCURRENCE)
: SOO
p-Jy
PROPERTY DAMAGE
B100
p4J OWNED
HIRED
BOOILYINJURYANO
►ROPERTY DAMAGE
f
p4p_J'7
NON -OWNED
COMBINED
EXCESS LIABILITY
BODILY INJURY AND
B
p-�
4J UMBRELLA FORM
RUL82 53 71
8/7/85
PROPERTY DAMAGE
= 3,000
s
❑ OTHER THAN UMBRELLA
COMBINED
FORM
WORKERS'COMPENSATION
-.
STATUTORY17-7
and
ry.J
EMPLOYERS' LIABILITY
S (EACH ACCIDENT)
OTHER
-.:
DESCRIPTION OF OPERATIONS.10CATION5 /VEHICLES
THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY OR NEGATIVELY AMENDS. EXTENDS OR ALTERS THE COVERAGE AFFORDED BY THE POLICIES SHOWN ABOVE.
Cancellation: Shoul�i0any of the above described policies be
cancelled before the expiration date thereof, the issuing company will endeavor to
mail 11 days written notice to the below
named certificate holder, but failure to mail such notice shall impose no obligation or
liability of any kind upon the company.
NAME AND ADDRESS OF CERTIFICATE HOLDER:
March 13, 1985tfC
LUBBOCK INTERNATIONAL AIRPORT DATE ISSUED:guS t-7- ,17$7
LUBBOCK, TEXAS
•'
AUTHO . EO REPRESENTATIVE
CSGCe�70
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this _,24rb da,, of
------ A. D. 19-8L5, by and between the City of Lubbock,
Counter of Lubbock, State of Texas,
acting by and through Alan _Henry________________________,
Mayor, thereunto authorized to do so, hereinafter referred to as
G4;NEP., and __Qctnenal_Automatic Doors
3226 Oberlin
Lubbock, Texas
of the Cita of ------ Lubbock____________, C
-------------
ount,-,• of
------
Lubbock _—_-- and the
-------
State of ___ Texas --------------- , hereinafter termed CONTRACTOR.
y+ITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and perfc•rmed b;- the
0"t'NER and under the conditions expressed in the bond bearing even
date herewith (if any) the CONTRACTOR hereb;- agrees with OWNER to
commence and complete the construction of certain improver,ents
described as follows:
and all extra work in connection there<.Jith, under the terms as .
stated in the contract documents and.at his (or their) own proper
cost and expense to furnish all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance and other
accessories and services necessar: to complete the said
construction in accordance with the contract documents as defined
in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence :,ork within ten
days after the date written notice to d*o s.o shall have been -given
to him and to substantially complete same within the time
specified in the contract documents.
The OWNER agrees to pa," the COPITRACTOP in current -funds for
the performance of the contract in accordance with the proposal
submitted therefore, subject tc- an( deductions, as
provided in the contract documents and to rrake payrr,ent on account
thereof ac provided therein.
I?I WITNESS WHEREOF, the parties to these presents hay.?
executed this agreement in ___ Lubbock ---------- ----- in the year
and day first above written.
CITY OF - CK, TE}' S (G�?EP)
By: ------ -- ------
Yx_•0P _
_Secretary
- TPACTOR
TITLE:
xe2e
------------------------------
Secretary
COIMPLETE n:RESS:
-QUI.BAI— RD.. 1 LQ.N "._._D_F
1. _0 .RB.F
Whenever the word Owner, or the expression Part, of tike
First Part, or First Party, are used in this contract, it
shall be understood .as referring to the City of Lubbock,
Texas.
2. G o.N..T,.R .C_ D F
i:henever the word Contractor, or the expression Part;: of the
. econd Part, or Second Part;, is used, it shall be
understood to mean the person, persons, co-part_ners-hip or,
corporation, to -wit:
Continental Automatic Doors------------ - - -, who has agreed
-------------------------
to perform the work embraced in this contract, or to his or
their legal representative.
Whenever the word Owner's Representative or representative
is used in this contract, it shall be understood as
referring_' to Marvin Coffee, Director of Aviation, Lubbc.ck,
Texas, under whose supervision these ;contract docume'r.ts,
including the plans and specifications, were prepared, and
who will inspect constructions; or to such other
representative, supervisor, or inspector as may be
authorized by.said Owner to act in an;,, particular under, this
agreement. Engineers, super%risor -r inspectors will act for,
the Owner under the direction of Owner's Representative, but
shall not directly supervise the Contractor or men actingz in
behalf of the Contractor.
4. - U.N.. T.fi A. C.
The contract douments shall consist of the I•lotice to
Bidders, General Instructions to Bidders, Proposal, Signed
AL-reement, Statutory Bonds (if required), General Conditions
of the Agreement, Special Conditions of the Agreement (if
an;y), Specifications, Plans, Insurance Certificate, and al
other documents made a-'-iilable tc Jld.der for his inspection
in accordance with the ";ot.ice to Bidders.
5. _ '_E_�;. _F. F_ .�_I..�i.Ii___! F. '-r.',11.A.."_F.:`,%
IlE'nE e1' the words ' Directed, Permitted, Des. i �natr,d
"Pequired, " "Co,nsider'ed N ecessar;,,, ' "Prescribed. " or wards
of like import are used, it, shall be understood that the
direction, requirernent, permission, order, dcsi--natio>ri or
prescription of the C-wner' s Representative is intended; and
similarly, the word: "Appro.ed, Acceptable, '
' Satisfactor„', " or words of like .liiport shall mean ppr'_ .ed
by or acceptable or satisfactory to the Owner's
Representative.
Whenever in the Specifications or drawings accompan.ring this
agreement, the terms of description of various qualities
relative to finish, workmanship, or other'qualitiec of
similar kind which cannot, from their nature, be speci-
fically and clearly.described and specified, but are
necessarily described in general terms, the fulfillment of
which must depend on individual judgment, then, in all such
cases, any question of the fulfillment of said Specifica-
tions shall be decided by the Owner's Representative, and
said work shall be done in accordance with his
interpretations of the meaninz- of the words, terms, or
clauses defining the character of the work.
The term Subcontractor, as emplo,•ed herein, includes -only
those having a direct contract with the Contractor Irl
for
performance of work on the project contemplated.by these
contract documents. Owner shall have no responsibilit.- to
any Subcontractor employed by Contractor for performance of
work. on the project contemplated by these contract
documents, but said Subcontractors will look excluEi%,ely to
Contractor for any payments due Subcontractor.
Written notice shall be deemed to have been dul;- served if
delivered in person to the individual or to a member of the
firm or to an officer of the corporation for whom it is
intended, or if delivered at or sent certified mail to the
last business address known to him who gives the notice.
Unless otherwise 'stipulated, the Contractor shall provide
and pay for all materials, supplies, machinery, equipment,
tools, superintendence, labor, insurance, and all water,
light, power, fuel, transportation and all other facilities
necessary for the execution and completion of the work
covered by the contract documents.' Unless otherwise
specified, all materials shall be new and both workmanship
and materials shall be of a 5-ood qualitl;. The Contractor,
shall, if required, furnish satisfactory evidence as to the
kind and quality of materials. IMateria1s or wort'. -d(-scribed
in • t:)rds ;,'hi ch so applied have ,-reyl known, technical or
trade meaning shall be held tc. refer such reco.nized
standards.
All work shall be deme and all materials furnished in r.trict
c0]"ti'Gi'filit; wltIi tile. cGntrz-tct ill, c,cufiierttf
9 . ..U..B_S.TA=A_L_L !_.0 Q Y2 -L EIE-D
The term "Substantially Completed" is meant that the
structure or project contemplated by the contract documents
has been made suitable for use or occupancy or the facility
is in a condition to serve its intended purpose, but still
may require minor miscellaneous work and adjustment.
10. U. ULUI
Except as specifically provided herein, the Contractor shall
be responsible for laying out all work and shall accomplish
this work in a manner acceptable to the Owner's Repre-
sentative. The Owner's Representative will check the
Contractor's layout of all major structures and any.other
layout work done by the.Contractcr at Contractor's request,
but this check does not relie.e the Contractor of the
responsibility of correctly locating all work in accordance
G,:i.th the Plans and Specificat�Gns.
1 1 . K_E E_F.1. i ._GLE.
The Contractor shall be f.; cni shed wi th c:•ni= copies of all
Plans, Profiles and Sped fi cat.i ons wi thout expense to him
and he shall keep one copy of same consistently accessible
on the job site.
12 . RI.:.C...ia
The Owner's Representati:.-e may make periodic visits to the
site to observe the pro6ress of yualit;.,- of the executed work
and to determine, in general, if the work is proceeding in
accordance with the contract documents. He will not be
required to make exhausti•.--e or continuous on-site
inspections to check the quality or quantity of the work,
nor will he be responsible for the construction means,
methods, techniques, sequences or procedures, or the safety
precautions incident thereto. His efforts will be directed
towards providing assurances for the Owner that the
completed project will conform to the requirements of the
contract documents, but he will not be responsible for the
Contractor's failure to perform the work in accordance with
the Contract Documents. On the bas -is -of his on-site
observations, 'he will keep the Owner informed of the
progress of the work and will endeavor to guard the Owner
against defects and de ici-ncies in the work of the
Contractor.
13. E..Z..s;..E..S....._.A. AND _._.G.R.._A.L� E.LS.
Ail lines and grades s;�!I be furnished b.y the Owner' s
Pepre_.entatl �e whene -c _ e 8i', fv t
1;.;c _
�-
}1�: .. �.rY. CGnt•l iT�plat.•ed i:. t1 c: S c• _.".n i, C'3i: i.' U, C-.0 UtT,nniS 1. i1:
completion of the work contemplated by these contrzet
documents. Whenever necessary, Contractor shall sucrend his
work in order to permit Owner' s ^epresentative to comply
with this requirement, but such suspension will be brief
as practical and Contractor shall be allowed no extra
compensation therefore. The Contractor, shall i:e tr;a
Owner's Representative ample notice of the time and place
where lines and grades will be needed. All stakes. marks,
etc., shall be carefully preserved by the Contractor, and in
case of careless destruction or removal by him, his
Subcontractors, or his employees, such stakes, marks, etc.,
shall be replaced by the Owner's Representative at
Contractor' s expense.
'f r, :'. _ _ 3'S ' F FSPR.E S.. ti_T..A+_T:... E' a_.A__UT.N_C!_R..1_T '_.r+_ y A.__I- I�� ..
Unless otherwise specified, it is mutually agreed agreed between
the parties to this Agreement that the Own_r's Repres;enta-
i:ive shall review all cork included herein. He has the
authority to stop the word; whenever such stoppage may be.
necessary to insure the proper e}ecution the cant.-ra,_,t.
In order to permit delays and disputes and to discourage
litigation, it is further air ed t ,at the C.-,;ne1-'Z Repre-
seritative shall, In all cases, determine the amounts and
quantities cf the several kinds of .:ark -,:h_-^h are to b- paid
for, under this contract. He shall deterr.ir:e all questions
in relation to said work and the constructic:.n thereof, and
shall, in all cases, decide every question which may arise
relative to the execution of this contract cn the part of
said Cont -actor. The Owner' s Representative' s estimates and
findings shall be conditions. precedent tC• the ri-.ht. of the
}:parties hereto to arbitration or to any action on the
contract, and to any rights of the Contractor to receive any
money under this contract; provided, however, that should
Owner's Representative render, any decision or give any
direction. which in the opinion of either part,; hereto, is
not in accordance with the meaning and intent of this
contract, either -part, may file with said Cwner's
Representative within 30 days his written objection to the
decision or direction so rendered, and by such action may
reserve the right to submit the questions so raised to
arbitrati:n as hereinafter pra,,ided. It is the intent of
this Agreement that there shall be" no. dela;Y in the execution
of the .a: k, therefore, written decisions cr direction of
the Owner's Representative as rendered shall be promptly:
carried c:<t, and any claim arising therefrc shall be
thereafte- adjusted to arbitration as here n&fter .provided.
The Owner's Representati %?e shall, !,ithin a _^aasonabl.e time,
render anu deliver to 1,�oi"}i the Owner and t;.c Contractcr n
_i,itten d_clslon on all Claicris of the part.: herYto and un
rill quest oris ..:hic.h m, ;- a, i, relat_- e tC IL:ie xec utii it Of
,.
ti :r h'ar C -:i the 1;it.el'j:: _'tat] -fl oftiii' ii .. -. ..�Ci-
tli>rIS n ;:inns. Should i. i1" Owner' s r_E: -?r, t a ti%,e f,9i1 to
make such decision within a reasonable time, an appeal to
arbitration may be taken as if his decision had been
rendered against the party appealing.
15. 15-U. PIERI.LT.E_YDF�N.JQFL_MUD._J_RS.- E.C...T.1...Q..S.
It is agreed by the Contractor that the Owner's
Representative shall be and is hereby authorized to arpoi.nt
from time to time such subordinate engineers, supervisors,
or inspectors as the said Owner's - Representative may deem
proper to inspect the materials furnished and the wort: done
under this Agreement, and to see that said material is
furnished and said work is done in accordance with the
specifications therefore. The Contractor shall furnish all
reasonable aid and assistance required by the subordinate
engineers, supervisors or inspectors for the proper
inspection and examination of the work. The Contractor
shall regard and obey the directions and instructions of an-%
subordinate engineers, super-.isors or inspectors so
appointed, when such directions and instructionsare
consistent with the obligations of this A_-reement and
accompanying plans and specifications provided, however,
should the Contractor object to an -0,• orders by an;.?
subordinate engineer, supervisor or inspector; the
Contractor may within six (6) days make written appeal to
the Owner's Representative for his decision.
16. __..___.A_N D_......5._UF. E_k_I...ti_T._"y..p_.F....?:.._.
The Contractor shall give personal attention to the faithful
prosecution and completion of this contract and shall -keep
on the work, during its progress, a competent superintendent
and any necessary assistants, all satisfactory to Owner's
Representative. The superintendent shall represent the
Contractor in his absence and all directions given to him
shall be binding as if given to the Contractor. Adequate
supervision by competent and reasonable representatives of
the Contractor is -essential to the proper performance of the
work and lack of such supervision shall be grounds for
suspending operations of the Contractor.
The work, from its commencement to completion, shall be
under the exclusive charge and control of the Contractor and
all risk in connection therewith shall be borne by the
Contractor.
The Owner or Owner's Representatives will not be responsible
for the acts or omissionof the Contractor, or any
subcontractors, or any of his agents or employees, or any
other persons performing any of the work.
17. G-0—r,T.PLA=QR' UK.1L£..RZI A..IiA T -IR
It is understood and agreed that the Contractor has, by
careful examination, satisfied himself as to the nature and
location of the work, the confirmation of the ground, the
character, quality and quantity of materials to be
encountered, the character of equipment and facilities
needed preliminary to and during the prosecution of t! -ie
work, and the -general and local conditions, and all other
matters which in any way effect t -he work under this
contract. No verbal agreement, or conversation with any
officer, agent, or employee of the Owner, either before or
after the execution of this contract, shall effect or modify
any of the terms or obligations herein contained.
18. G .A..R.A_C.T. E.P-0?F-_...W.Q.R.KYj.IK
The Contractor agrees to employ only orderly and competent
men, skillful in the performance in the type of work
required under this contract, to do the work; and agrees
that whenever the Owner's Representative shall inform him in
writing that any man or men on the work, are, in his
opinion, incompetent, unfaithful, or disorderly, such man or
men shall be discharged from the work and shall not main be
employed on the work without the Owner's Representative's
written consent.
19. C._o....f�..S..P_UCT.I......_F.I�.i?±.
The Contractor shall provide all labor, tools, equipment,
machinery and materials necessary in the prosecution and
completion of this contract where it is not otherwise
specifically provided that Owner shall furnish same, and it
is also understood that Owner shall not be held responsible,
for the care, preservation, conservation, or protection of
any materials, tools, equipment or machinery or any part of
the work until itis finally completed and accepted.
The building of structures for the housing of men or
equipment will be permitted only at such places as the
Owner's Representative shall direct, and the sanitary
conditions of the grounds in or about such structure shall
at all times be maintained in a manner satisfactory -to the
Owner's Representative.
20. -S_A..KI_.T-A..'i'.I_Q-N
'.ocessary rani tart' conveniences for the use of laborers on
the work site, properly secluded from public -observation,
shall be constructed and mai ntainc+d by tho Contractor in
such rrm,nner and at such pc•int.s las shall be approved b;; the
Owner' s Representati vo and their .se shall be strict.].
enforced.
21. 5� _a E.R v A TZ 41i_..:A1N!D_._.T.E.5T.I_NG.
The Owner or Owner's Representative shall have the.risht at
all reasonable times to observe and test the work.
Contractor shall make necessary arrangements and provide
proper facilities and access for such observation and
testing at any location wherever work is in preparation or
progress. Contractor shall ascertain the scope of an-
observation which may be conterripleted by Owner or Owner's
Representative and shall give ample notice as to the time
each part of the work will be ready for such observation.
Owner or Owner's Representative may reject any work fc:und to
be defective or not in accordance with the contract
documents, regardless of the stak=e of its completion or the
time or'place of discovery of such errors and regardless of
whether Owner's Observer has previously accepted the work
through oversight or otherwise. If any work should be
covered without approval or consent of the Owner, it must,
if requested by Owner or Owner's Representative. be
uncovered for examination at Contractor's expense. In the
e- ent that any part of the Y:ork is being fabricated or
manufactured at a location where it is not convenient for
Owner or Owner's Representative to make observations of such
work or require testing of said work. then in such event
Owner or Owner's Representative ma;,- require Contractor to
furnish Owner or Owner's Representative certificates of
inspection, testing or approval made by persons competent to
perform such tasks at the location .here that part of the
work is being manufactured or fabricated. All such tests
will be in accordance with the methods prescribed b1-17 the
American Society for Testi n-, and ;;:Zterials or such other
applicable organization as may be required by law or the
contract documents.
If any work which is required to be inspected, tested, or
approved is covered up without written approval or consent
of the Owner or Owner's Representative, it must, if
requested by the 'Owner or Owner's Representative, be
uncovered for observation and testing at the Contractor's
expense. The cost of all such inspections, tests and
approvals shall be borne by the Contractor unless otherwise
provided herein. Any work which fails to meet the require-
ments of any such tests, inspections or approval, and any
work which meets the requirements of any such tests or
approval but does not meet the requirements of the contract
documents shall be considered defective. Such defective
work shall be corrected at the Contractor's expens-e.'
Neither observations by the 0,,.ner or Owner' c -Representative,
nor inspections, tests, or approvals made by Owner-, Owner,s-.
PepresentLit ive, or other, persons authorized under.this
ag=reement to make such inspections, test" (--,r rtpprC,. a 1 S
sh<i'.1 r'eIie,,e the C -v ,nti'ni'i.:�r` frGm his cyb11�atlon't0 porfc,rrii
the work in accordance with the requirements of the contract
documents.
22. D_E.F_E..C.S5---A.Ii
It is further agreed that if the work or an., part thereof,
or any material brought on the site of the work for use in
the work or selected for the same, shall be deemed by the
Owner or Owners' Representative as unsuitable or not in
conformity with plans, specification and contract documents,
the "Contractor shall, after receipt of written notice
thereof from the Owner's Representative, forthwith remove
such material and rebuild or other,,:ise remedy such work"so
that it shall be in full accordance t:ith this contract. It
is further agreed that any remedial action contemplated as
hereinabove set forth shall be at Contractor's expense.
23. Q N.S.
The Contractor further az.rees that the 0,.rier may make such
changes and alterations as the C,w:-,er may see fit., in the
dine, grade, form dimensions, plans or, or materials for the
work herein contemplated, or an," part thereof, either before
or after the beginning of the construction, without
affecting the validity of this, contract and the acceiipznying
bond.
If such changes or alterations '-iminish the quantity of the
work to be done, they shall not constitute the basis fcr a
claim -for damages, or anticipated profits on the work that
may be dispensed with. If ttla;- increase the amount of work,
and the increased work can fairly be classified under the
specifications, such increase s} -,all be paid accordin. t:o the
quantity actually done and at the unit price established for
such work under this contract, otherwise such additional
work shall be paid for as provided under Extra Fork. In
case the Owner shall make such cha.n.l-es or alterations as
shall make -useless any work already done or .material already
furnished or used in said work, then the Owner shall
recompense the Contractor for any material or labor so used,
and for any actual loss occasioned by such change, due to
actual expenses incurred in preparation for the work as
originally planned.
24. F?:..T..P..A__w
The term "extra work" as used in this c<Dr_tract sha•11 be
understood to mean and include --I! :,orY, t:;at may bc: required
by the Owner or Owner' s Representat:i ane tc- be -done b,- the
Contractor to accomplish any `har, e. altei-atlon or addl "lion
to the work as shown on the pia;: s. and pccificatic•rIs or
co_s
ntract d: umentand not c._ :a, ed b, Contractor's ;-rcposal,
?.. _ ept as pro :l ded .under Chan -,?,.an rt i'%c i'8T 2 Gn`. 'h 2 l f1.
It is agreed that the Contractor shall perform all extra
work under the direction of the Owner's Representative when
presented with a written work order signed by the Q;,per's
Representative; subject, however, to the right of the
Contractor to require written confirmation of such extra
work order by the Owner. It is also areed that the
compensation to be paid to the Contractor for performing
said extra work shall be determined by the following
methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
l;ethod (C) - If neither Method (A) or Method (B) be agreed
upon before the extra.work is commenced, then
the Contractor shall be paid the, actual field
cost of the work, plus fifteen ('15°) per
cent.
In the event said extra work be performed and paid for under
)•Sethod (C)', then the prc•.isions of this paragraph shall
apply and the "actual field cost" is hereby defined to
include the cost of all workmen, such as foremen,
timekeepers, mechanics and laborers, materials, supplies,
teams, trucks, rentals on machinery and equipment, for the
time actually employed or used on such extra work, plus
actual transportation charges necessarily incurred, 'Locether
with all expenses incurred directl,. on account of such extra
work, including Social Security, Old Aye Benefits,
Maintenance Bonds, Public Liability and Property Damage and
»orkmen's Compensation and all other insurances as may be
required by law or ordinances or directed by the Owner or
Owner's Representative, or by them agreed to. Owner's
Representative may direct the form in which accounts of the
actual field cost shall be kept and records of these
accounts shall be made available to the (_)wner's Representa-
tive. The Owner's Representative may also specify in
writing, before t'he work commences, the method of doing the
work and the type -and kind of machinery and equipment to be
used; otherwise, these matters shall be determined by the
Contractor. Unless otherwise agreed upon, the prices for
the use of machinery and equipment shall be determined by
using 100%, unless otherwise specified, of the latest
Schedule of Equipment and Ownership Expenses adopted by the
Associated General Contractors of America. Where practical,
the terms and prices for the use of machinery and equipment
shall be incorporated in the written extra work order. The
fifteen percent (15r) of the actual field cost to be paid to
Contractor shall cover and compensate him for his profit,
to-:erhead, general superintendence and field office expense,
and all other elements of cost and expense not embraced
:,;i -thin the actual field cc,st as herein defined, sa re that
w;iere the Conti actor' s Camp or Field Office rust be
maintained F:rimarll.y on ate,-,oulft of such- Extra ,e'Grk, thou the
26.
cost to maintain and operate the same shall be included in
the "actual field cost."
No claim for extra work of any kind will be allowed unless
ordered in writing by Owner's Representative. In case any
orders or instructions appear to the Contractor to involve
extra work for which he should receive compensation or an
adjustment in the construction time, he shall make written
request to the Owner's Representative for a 'written order
authorizing such extra work. Should a difference of opinion
arise as to what does or does not constitute extra work or
as to the payment therefor, and the Owner's Representative
insists upon its performance, the Contractor shall prciceed
with the work after making written request for :,'ri tt.erl order
and shall keep adequate and accurate account of the actual
field cost thereof, as provided under idethod (C). The
Contractor will thereby preser-ve the right to c.ub�mit the
matter of payment to arbitration as herein below provided.
. ' 2
It is further agreed that it is the intent of this contract
that all work described in the proposal, the specifications,
plans and other contract documents, is to be done for the
prices quoted by the Contractor and that such price shall
include all appurtenances necessary to complete the'work in
accordance with_the intent of these contract documents as
interpreted by Owner's Representative. If the Contractor
finds any discrepancies or omissions in these plans,
sp-cifications, or contract documents, he should notify: the
Representative and obtain a clarification before the
bids are received, and if no such request is received by the
llF"trier' s Representative prior to the openinig of bids, then it
shall be considered that the Contractor fully understands
the work to be included and has provided sufficient sums in
his proposal to complete the work in accordance with these
plans and specifications. It is further understood that any
request for clarification trust be submitted no later than
five days prior to -the opening of bids.
If at any time the methods or equipment used'by the'
Contractor are found to be inadequate to secure the quality
of work with the rate of progress required under this
contract, the Owner or Owner's Representative may order the
Contractor in writing to increase their safety or •improve
th it character and ePil'icir-ricy and the Contractor shall
^cnpl;- with such order.
ii'. at. anY time, the t'Cir}!.1I1_, f:+."`.� of Contraltc-r is
ir.adequate for securin:-� the f.ro.-gess ;ier3iri specified., the
shall, i .f ordi-,r�?d i rl y Ca t, ri - i nci-ease hi
fc_ 6- equipment, or both, t• such a.n'e_tent as to �i.e
reasonable assurance of compliance with the schedulc of
progress.
27. �'�? T � I Q�L9 .r+�i� T_ I..IZE_ ,..T _T 2 _...H� P 9_� . _S._._f+. J.._�H __� :'. 1: T._�
The Contractor shall take out and procure a polio;.-
policies of Workmen's, Compensation Insurance with an
insurance company licensed to transact business in tht- State
of Texas, which policy shall comply with the-,'orkmir,' s
Compensation laws of the State of Texas. T^e Contractor
shall at all times exercise reasonable precaution for the
safety of employees and others on or near t:.e work and shall
comply with'all applicable provisions of fe-eral, state"and
municipal laws and building and constructic codes. All
machineey and equipment and other physical hazards shall be
:carded in accordance with the "Manual of A::cident
Prevention in Construction" of Associated G_ -neral
Contractors of America, except where income_-tible ,:ith
federal state or municipal laws _-ir Tae
Contractor, his sureties and insurance carr:ers shall
defend, indemnify and save harmless the Owner and all of its
officers, agents and employees from all suits, actions, or
claims of any character whatsoe-;er, brought fir or on
account of any injuries or damn�;-es received or sustained b. -
any person or persons or property, on aceou^:t of any
negligent act or fault of the Contractor or an- sub-
contractor, their agents or employees, in the execution and
supervision of said contract, and the prcje_t -w rich is the
subject matter of this contract, on account of the failure
of Contractor or any subcontractor to provi,e necessary
barricades, warning lights, or signs and will be required to
pay an,, judgment with costs which may be ob.ained against
the Owner or any of its officers, agents, or employees
including attorney's fees
The safety precautions taken shall be the sale
responsibility of the Contractor, in his sole discretion as
an Independent Contractor; inclusion of this paragraph in
the Agreement, as well as any notice which may be given by
the Owners or the Owner's Representative concerning
omissions under this paragraph as the work -rogresses, are
intended as reminders to the Contractor of ::is duty and
shall not be construed as any assumption of duty to -
supervise safety precautions by either the contractor or any
of his subcontractors.
The Contractor sha22 procure and carry at h_ -s. sole cost and
expense through the life of this contract, Insurance
protection as hereinafter specified. -ouch ;surance s1hu21
be carried with an insurance compan:; author: --=d t..-• tr•ancact.
bu-_:irness in the .".t.a.te :-f T<,..,as ;,;:d shal-1 �:-c all
(ape •ati ons in conri?cti Git wl th t h.i s contract:• -h w• t. het
performed by the Contractor or a subcontractor, or, separate
policies shall be provided covering the operation o: each
subcontractor.
A. Comprehensive General Liability Insurance
The contractor shall have Comprehensive General
Liability Insurance with limits of $'00,000 Bodily
Injury and $300,000 Property Damage per'occurrence to
include:
Premises and Operations
Explosion & Collapse Hazard
Underground Damage Hazard
Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury (with exclusion "c" waiver',
The City is to be named as an additional insured on
this policy for this specific job, and copy of the
endorsement doing so is to be attached to the
Certificate of Insurance.
$. Owner' s Protective or Contingent Pul_-Iiic Liabil.. t'y
Insurance and Property Damage Liability Insurance.
The Contractor shall obtain an Owner's Protective or .
Contingent Public Liability Insurance policy naming the
City of Lubbock as insured and the amount 'of such
polio shall be as follows
For bodily injuries, including accidental death,
$500.000 per occurrence, and $100,000 for Propertly
Dama-zA.
C. Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile
Li ab, li tY Insurance with limits of not less than;
3odily Injur' 250;'500, 00
Property Damage :x;'100. 000
to include all owned and non -owned cars including
p Liabilit}}ir i -d acid -,;ned
ehi_- les. The -Cit,y is to be named ac an additional
insured on this policy for this specific job an: copy
of the endorsement doing so is to be attached to the
Certificate of Insurance.
D. Builder' s Risk Insurance
The Contractor shall obtain a Builder's Risk po icy in
the amount of _-------------------------- naming the
(100% of potential loss)
City of Lubbock as insured. -
E. Excess or Umbrella Liability Insurance
The Contractor shall ha„:°e Excess cr Umbrella Liability
Insurance in the amount of --------------
t
$1, 000, 000 mini mum)
coverage to correspond with Comprehensive General
Liability and Comprehend—.,re Automobile Liability
coverages.
• The City is to be named as an additional insured on
this policy for this specific job and copy of the
endorsement doing so is to be attached to the
Certificate of Insurance.
F. Worker's Compensation and Employers Liabilit- Insurance
As required by State statute co-jering all er.-,plc,.-ees
whether employed by the Contractor or any Subcontractor
on the job with Employers Liability of at least
$100,000 limit.
G. Proof of Coverage
Before work on this contract is commenced, each
Contractor and subcontractor shall submit to the Owner
for approval, five Certificates of Insurance covering
each insurance policy carried and offered as evidence
of compliance -with the above insurance requirements,
signed by an authorized representative of the insurance
company setting forth:
(1)
The name
and address
of the. insured.
(2)
The location
of the
operations
to which the
insurance
applieF.
( j!
The name
of the pol.ic
acid type
or types of
insurance
In force thereunder'Ai
the date bc,rrie b;,”
such certificate.
(4.
The expirati.n
date
ri the p_•lic
and the limit or
limits of.
liabJLlit.
tilereuiidt---c
on the G:it: th •I'n
b y such C
`t.rii-,tC.
(5) A provision that the policy may be cancelled only
by mailing written notice to the.named insured at
the address shown in the bid specificatic,ns.
( 6) A provision that written notice shall be given to
the City ten days prior to any change in or,
cancellation of the policies shown on the
certificate.
(7) The certificate or certificates shall be on the
form (or identical copies thereof) contained in
the job specifications. No substitute of nor
amendment thereto will be acceptable.
2
9.
.F1.
The Contractor agrees that he will inderrnif and save the
Owner harmless from all claims growing out of any demands of
subcontractors, laborers, workmen. mechanics, ma.terialmen
and furnishers of machinery and parts thereof, equipment,.
power tools, all suppliers, including commissary, incurred
in the furtherance of the performance of this contract.
When Owner so desires, the Contractor shall furnish
satisfactory evidence that all obligations of the nsture
hereinabove designated have been paid, discharged or waived.
If during the progress of the work, Contractor shall allow
any indebtedness to accrue for work furnished by any o_'
(.hose designated in the preceding paragraph and shall -fail
to pay and discharge any such indebtedness within five (5)
days after demand is made, then Owner may, during the period
for which such indebtedness shall remain unpaid, withhold
from the unpaid portion of this contract, a sum equal to the
amount of such unpaid indebtedness or may apply the sum so
withheld to discharge any such indebtedness.
Any and all communications between any party under this
para;zraph must be in writing.
0 . f'.i, �'� T � G_T..I. ��i�__A..�_�..l..N."�.T..._ F_4_�`=A_I,�..T'.1...�...`,�.._._ C1.�?.__.� +..l' �_`iT__..I_:�..:�' �_• :.� l..S! ��;.
The contractor shall pay all royalties and license fees, and
shall provide for the use of an;;, design, device, material or
process covered by letters patent or copyright by suitable
legal agreement with the Patentee or O;•rner thereof•. ' The
7ontractor shall defend all ,:,uit:s or, clair-is for infrin�;emelit
£ any patent or copyri_,hts and shall indemnify and sa-:e the
'�irer harmless from any loss on account thereof, except that
�_J- rler shall defend all sucl, suits and claims and shall be
responsible for all such loss when a particular dcsi�il,
ji-'-'lce, i-ii7tE'rlctl ..+r-.pl'Oi:e� �l' til r' pr•:.J?u-_-t of i pirtio-k,iztt'
manufacturer or manufacturers is specified or required in
these contract documents by Owner; provided, however, if
choice of alternate design, device, material or process is
allowed to the Contractor, then Contractor shall indemnify
and save Owner harmless from any loss on account thereof.
If the material or process specified or required by G�:ner is
an infringement, the Contractor shall be responsible for
such loss unless he -promptly wives written notice to the
Owner of such i of ri ngement.
The Contractor shall at all times observe and cor;ply with
all federal, state and local 1a :s, _,rcli nances at -rt -
regulations, which in any manner effect the contract or the
work, and shall indemnify and save harmless the Ca ner
aL-ainst any claims arising from the violation of any such
laws, ordinances, and regulations, whether by the Contactor
or his employees. If the Contrac::toi- observes that the plans
and specifications are at variance therewith, he shall
promptly notify the Owners' Representative in wniting� and
any necessary changes shall be adjusted as provided in the
contract for changes in the work. If the Contractor
performs a'ny work knowing it to be contrary to such lavas,
ordinances, rules and regulations, and without such notice
to the Owner's Representative, he shall bear all costs
arising therefrom.
The Owner is a municipal corporation of the State of Texas
and the law from which it deri^.,*es its powers, insofar as the
same regulates the object's for c:hi ch, or the mariner _ in
which, or the conditions under which the Owner may enter
into contracts, shall be controlling, and shall be
considered as part of this contract to the same effect as
though embodied herein.
32. AS._S.I-.G'..ME.a''_.LIU-5.II.&_LE� T._I...N'G
The Contractor further agrees that he will retain personal
control and will give his personal attention to the
fulfillment of this contract. The Contractor further agrees
that subletting of any portion or feature of the work, or
materials required in the performance•of this. contract,
shall not relieve the Contractor from his full obligations
to the Owner, as provided by this contractual agreement
3 3 . T I •.F.,_._F (1 p ---C. d..i 1.P �. �_T_I_� ?�-.__A.._I't.....�.I_r� Ct I_D ,. T E_p ...J�. H M 1�. C_E:r.
It. is hereby understood and mutually agreed by. and between
the Contractor and the Owner, that the date of bezi nrri n and
me for completion &,_ _pecifi=_:d in the contract of :nark t.o
be done hereunder are e .3efitia' ciJnuitio;iE� of this cont rac -L
3VJd it iS fUr'th!er' iii-Ut.Uc117.i l:ri1—J-,r"tood arid at_reed ,then i.he
work embraced in this contract shall be commenced on a date
to be specified in the Notice to Proceed.
If the Contractor should neglect, fail, or refuse to
complete the work within the time herein specified, cr any
proper extension thereof _ranted by the Owner, then the
Contractor does hereby gree as part of the consideration
for the awarding of .this contract, the Owner may v,ithhold
permanently from Contractor's total compensation, the sum of
One hundred Dollars ( '1_ � �?..Q? , nct as a penalty, but as
ligu.idated damages for the breach of the contract as herein
set forth for each and ever;; calendar day that the
Contractor shall be in default after the time stipulated for
completing the work.
It is expressly understood and agreed, by and between
Contractor and the Owner. that the tine for the completion
of the work described herein is reasonable time for the
completion of the same, tikin into consideration the
average climatic change and conditions and usual industrial
conditions prevailing in, this locality.
The amount is fixed and agreed upon b% and between the
Contractor and the Owner because of the impracticability and
extreme difficulty in fixing and ascertaining actual damages
the Owner would in such e-:-ent sustain, and the amount is
areed to be damaes the Owner would sustain and shall be
retained by the Ovner from current periodical estimate:. for
payments or from final pa;;•rr�ent.
It is further a reed and underctcod betweeri.t:he Contractor
and Owner that time is cif the essence of this contract.
34.T.1..3�.E...__.A..,_D.._�'.FiJ�_E. SSS C�iP..L,_E.T1+<�..`;
It is the meaning and intent of this contract, unless
otherwise herein 'specifically provided, that the Contractor
shall be allowed -to prosecute his work at such time and
sessions, in such order of precedence, and in such manner as
shall be most conductive to economy of construction;
provided, however, that the order and time of prosecution
shall be such that the work shall be substantially completed
as a whole and in part, in accordance.with this contact, the
pians and specifications, and within the time of completion
designated in the proposals; provided, also, that when the
Owner is having other wcrk done, either by contract or by
his own force, the Owner' s ":e present ati ve ray direct the
time and manner of constructing :.,ork done under this
contract so that conflicts ;,.ill be avoided and the
cor;struction'of the ai . _%us, work:c being done for the Owner
:_.hall be harmonized.
Th, Contractc.r chap '-U.-h ti -MWS a_ ma r-t� r.abl
b- requested by the Owner's schedules which
35.
shall show the order in which the Contractor proposes to
carry on the work, with dates at which the.Contractor will
start the several parts of the work and estimated dates of
completion of the several parts.
The Contractor agrees that he has submitted his proposal in
full recognition of the time required for the completion of
this project, taking into consideration the average climatic
range and industrial conditions prevailing in this locality,
and has considered the liquidated damage provisions of
paragraph 33 hereinabove set forth and that he shall riot be
entitled to, nor will he request, ar', ?xtension of tire- on
this contract, except when hi c work ha:: been dela;-ie.d by an
act or neglect of the Otrner, Owner's Peprecentati
employees of the Owner cr other contractors employed by the
owner, or by changes ordered in the i-;ork, or by strike,
+.kalk-outs, acts of God ur the public eneri_y, fire or flood.
-The Contractor may apply in writing for an extension of
time; submitting theresith all written justification as may
be required by Owner's Representative for such an extension
as requested by Contractor, The Owner's P.epresentative
within ten '10) days after receipt of a written request 'or,
an, extension of time by the Contractor supported b,- all
requested documentation shall then submit such written
request to the City Council of the City of Lubbock for their
consideration. Should the Contractor disagree with the
action of City Council on granting an extension of time,
such disaz-reement shall be settled by arbitration as
hereinafter provided.
36. H.L.I .D._P A.N_C_E__.._A. "._D__. A..E. t,.A_1G.
In executing the contract agreement, the Contractor agrees
that in undertaking to complete the work within the time
herein fixed, he'has taken into consideration and made
allowances -for all hindrances and delays incident to such
work, whether growing out of dela;-s in securing material or
workmen or otherwise. t:e
o charge shall be made by the
Contractor for hindrance or delays from any cause during the
progress of any part of the work embraced in this contract
except where the work is stopped b'y o.rder of the Owner or
Owner's Representative for the Owner's convenience, in which
event, such expense as in the judgment of the Owner's
Representative that is sauced by such stoppage shall be paid
by Owner to Contractor.,
;; '; . �3 U.A_`:..T...l T. Z...�..5.._..�..`�_D_._..�i.�_�+..5 C►.P._E. �•i E.ti. a..: i.
1.
_ extra or C UStC,RiZIr„ rim u, f rii-nGs. c?f any ki. n ai 11. t:•t
a 11oieed; but the actu " riea"ured or coriputed length, area.
.: LJI d cunt i'. fi ts_ n ii fii.�.•:�i.':1 ?. C: f11 ;, i1 �i '.i b•:
ui-iI e:,_. 'otherwi se _ pc _.s 1 pc•o . -i ded.
In the event this contract is let on a unit price basis,
then Owner and Contractor agree that this contract,
including the specifications, plans and other contract
documents are intended .,:) show clearl;, all work to t— done
and material to be furnished hereunder. Where the estimated
quantities are shown for the various classes of work to be
done and material to be furnished under this contract, they
are approximate and -are to be used only as a basis for
estimating the probable cost of the work and*for comparing
their proposals offered for the work. It is understcod. and
agreed that the actual .=.-ncunt of work to 'be done and the
materials to be furnished under this contract may differ
somewhat from these est.imates, and that ::here the basis for
payment under this contract is the unit price met'hod.
payment 'shall be for the actual amount of work ,done and
materials furnished on the project.
The Contractor shall L e proper mens tr_, protect tlie
adjacent or adjoining prop.ert or Froper•tles in any
encountered, which may to injured or seriously affected by
any process of construction to be undertaken under this
agreement, from any dame., ---e or injur" by reason of said
process of construction.: and he shall be liable for �,n.� and
all claims for such dame on account of his failure' to
fully protect all adjacent property. Th Contractor a.grees
to indemnify, save and Y:�,ld harmless the Owner agairist any
claim or claims for damages due to any injury to any
adjacent or adjoining propert-, arisin _zrowing out of
the performance of this contract, but such indemnit.,y :hall
not apply to any claim cf' any kind arisin out of the
existence or character cf the work.
39. F .� 9R.E.
In consideration 'of the furnishing of all necessary labor,
equipment and material and the completion of all work by the
Contractor, and on -the delivery of all materials embraced in
this contract in full conformity Pith the specifications and
stipulations herein contained, the Owner agrees to pa,• the
Contractor the price set Orth in the proposal attached
hereto, which has been rac•;e a part' of. this contract,- and the
Contractor hereby agrees to receive such price in full for
furnishing all materials and all labor required for the
aforesaid work, also, fc:^ mil expenses incurred by hie, and
Cor well and truly perf ink the Fame acid the whode thereof
:in the manner and accorii to this a;re+�merZt, the att�cYfed
siDeclflcat ions, plans. iaot docutneitts and requlrelioents
t:f Owner' s iepresentat_ .-.
4 0 . 1AY-M. INM5
No payments made or certificates given shall be considered
as conclusive evidence of the performance of the contract,
either wholly or in part, nor shall any certificate or
payment be considered as acceptance of defective work..
Contractor shall at any time requested during the pro-ress
of the work furnish -the Owner or Owner's Representative with
a verifying certificate showing the Contractor's total
outstanding indebtedness in connection with the work.
Before final payment is made, Contractor shall satisf;;
Owner, by affidavit,or otherwise, that there are no
outstanding liens against Owner's premises by reason or'an;-
work under the contract. Acceptance by Contractor of final
payment'of the contract price shall constitute.a waiver of
all claims against Owner which have not theretofore been
timely filed as provided in this contract.
.S
On or before the tenth day of each month, the Contractor
shall submit to Owner's Representative an application for
partial payment. Owner's Representative shall review said
application for partial payment and the progress of the work
made by the Contractor and if found to be in order shall
prepare a certificate for partial payment showing as
completely as practical the total value of the work done by
the Contractor up to and includinz- the last day of the
preceding month; said statement shall also include the value
of all sound materials dieliveced on site of the work that
are to be fabricated into the work.
The Owner shall then pay the Contractor on or before the
fifteenth day of the current month the total amount of the
Owner's Representative's Certificate of Partial Payment,
less 101/1'. of the amount thereof, which 10% shall be retained
until final payment, and further, less all previous payments
and all further sums that may be retained by Owner under the
terms of this agreement. It is understood, however, that in
case the whole work be near to completion, and this fact is
certified to by Owner's Representative and some unexpected
and some unusual delay occurs due to no fault or negligence
on the part of the Contractor, the Owner may upon written
recommendation of Owner's Representative pay a reasonable
and equitable portion of the retained percentaz-e due
Cori tractor.
42. F_1...?,. n.l ._._ �?�� P..i ..E_l..Z.. r?l'�.__t�_?N.D .A C".F_J_, i..'; (,..F.
'"ithin thirty-one i 31) cn s after the Contractor has given
ttce Owner' c Pe pre :enta _ ritten notice .that the work ha_:
keen completed or subst_nti.tlly completed, the Owner'
Feprecent;ti '.-e ;nd .th-_, -wrier shall i riszect the wock and
within said time, if the work be found to be completed or
substantially completed in accordance with the contract
documents, the Owner's Representative shall issue to the
Owner and Contractor his certificate of completion, and
thereupon it shall be the duty of the Owner within thirty-
one (31) days to issue a certificate of acceptance of the
work to the Contractor.
43. 1_113LA I.,_.P. &YMZNU
Upon, the issuance of the certificate of completion, the
Owner's Representative shall proceed to make final
measurement -and prepare a final statement of the value of
all work performed and materials furnished under the.terms
of the agreement, and shall certify same to the, Owner, who
shall pay to the Contractor on or before the 31st day after
the date of certificate of completion, the balance due
Contractor under the terms of this a-reement. provided he
has fully performed his contractual obligations under the
terms of this contract: and said pal ment :hell become due in
any event upon said performance b;;- the Contractor. .':either
the certificate of acceptance nor the final payment, nor any
provisions in the contract documents shall relieve the
Contractor of the oblization for fulfillment of any warranty
which may be required in the special conditions (if �.ny) of
this contract or required in the specifications made'a part
of this contract.
44. C_(.} FLrs..E. C. �Z ._ Q.F _.KQ.R k - .. _ !r'_R.E__ F �...� %..I,—F_ _ _ t1 £..'•_% _._F_n R_021.
45.
Contractor shall promptl;;: remove from Owners' premises all
materials condemned by the Owner's Representative on account
of failure to conform to the contract, whether actually
incorporated in the work or not, and Contractor shall at his
own expense promptly replace such condemned materials c•:ith
other materials conforming to the requirements of the
contract. Contractor shall also bear the expense of
restoring all work of other contractors damaged by any such
removal or replacement. If Contractor does not remove and
replace any such condemned work within a reasonable time
after a written notice by the Owner or the Owner's
Representative, Owner may remove and replace it at
Contractor's expense.
Neither the final payment nor certificate nor any .provision
in this contract shall relieve the Contractor of
responsibility for fault;' materials or workmanship, and he
shill remedy.any defects due thereto and pay for any damac
to other work resultin=_` therefrom. c,hich shall appear i,ithin
period of one : 1i e r from the a`e substantial
omipletion. The .n •.r E t;,< ;n s pre: entt,i:i h .11.
�,i -e notice of obi_ Er .. f ect� =.h r" t :onabl2 proti, t n -s
4 6 .
The Owner may, on account of subsequently discovered
evidence, withhold or nullify the whole or part of ony
certificate to such extent as may be necessary to protect
himself from loss on account of:
( a) Defective work .not remedied.
(b) Claims filed or reasonable evidence indicatin possible
filing of claims.
(c) Failure of the Contractor to make paTments promptly to
subcontractors or for materials or labor.
( d) Damage to another ec,ntractor.
rihen the above grounds are removed, or the Contractor
provides a surety bond satisfactory to the Owner, whic i will
protect the Owner in the amount withheld, payment shall be
made for amounts withhela because of them.
4 7... 4 F...._ .�...L..I._U...__CLU_!`%G
It.is further agreed b-• toth parties hereto that all
questions of dispute or adjustment presented by the'
Contractor shall be in writin_ and filed :;ith the *owner' s
Representative within fifteen (15) days after the Owner' s
Representative has given an;; directions, order or
instruction to which the Contractor desires to take
exception. The Owners' :epresentati•:e shall reply.to:such
written exceptions by the Contractor and render his final
decision in writing. Ir case the Contractor should appeal
from the decision of the Owner's Represen a.tive, any der,iand,
for arbitration shall be filed with the burner' s
Representative and the b::ner in writing within ten ( 10) da_,,s
after the date of deli-.,er;- to Contractor of the final
decision of the Owner's Representative. It is further
agreed that final acceptance of the work by the Owner and
the acceptance by the Contractor of the final payment shall
be a bar to any claim by either party, except where noted
otherwise in the contras- documents.
48. AR..BIT.R_A_T-I�.N
All questions of dispute under this agreement shall be
submitted to arbitration at the request of either.party to
the dispute. The parties l=l- a; ree upon one arbitrator,
(jt hi:rwise, there shall t•. three; oT,e named in writiri�� by
each party and the thi i -If b;; the tt:o arbiters
selected; or if the ar.`.1 r`. fail to select a third withi,i
tier, (10; da„rs, he shall chosen b,_ th- District. Jude,
grid Judicial Di t::.ic;. T_., �. Each arbiter shall ba rx
resident of the City of Lubbock. Should the part;,.- demanding
arbitration fail to name an arbiter within -ten ( 10) days of
the demand, his right to arbitrate shall lapse, and the
decision of the Owner's Representative shall be fin&l and
binding on him. Should the other party fail to choose an
arbiter within ten ( 10) days, the Owner's Representative
shall appoint such arbiter. Should either party refuse or
neglect to supply the arbiters with any papers or
information demanded in writing, the arbiters are empowered
by both parties to take Ex carte -Proceedings.
The arbiters shall act with promptness. The decision of any
two shall be binding on both parties to the contract, unless
either or both parties shall appeal within ten (110).days
from date of the award by the arbiters, and itis hereby
agreed that each part;- shall ha -,.e the right of appeal and
all proceedings shall be a.c.ordin;; to and governed by
Arbitration Statutes of Te);as, being Article 224, et seq. ,
;ei non' s Annotated Ci :il f'=t Ute:. THE DECIS10, OF TI,E
ARSITEP.S UPON ANY QUEST G', SU3141TTED TO AF:3ITPA TI0'.' U",OER
T H I S C 0 XT TRACT SHALL 3E A. 1-0".DI TION PPECEDENT TO ANY RIGHT C•F
LEGAL ACTION.
The arbiters, if they deem the case demands it. are
authorized to award the party whose contention is sustcined,
such sums as they deem proper, for the time, expense "and
trouble incident to the appeal, and if the appeal was taken
withr_,ut reasonable cause,t1:e; ma;- award damages for al:
delay occasioned thereby. The arbiters shall fix their• own
compensation, unless of ief + se provided a reement, ind
shall assess the costs anC_, larges f the arbitrati.on-upon
either or both parties. The award of the arbiters must be
made in writing and shall not be open to objection on
account of the form of prc.c_edings or award.
In case the Contractor should abandon and fail or refuse to
resume work within -ten (10) days after written notification
from the Owner or the Owner's Representative, or if the
Contractor fails to comply with the orders of the Owner's
Representative, when such orders are consistent with this
contract, this Agreement, or the Specifications hereto
attached, then the Surety on the bond shall be notified in
writing and directed to complete the work and a copy of said
notice shall be delivered tz the Contractor.
After receivinZ said nctice CDf abando7lme;it, the Contractor
shall not re_mOVe from t].e '-'C" -.; any machiner;:,- equipment.
toc:ls, materials or suppli._s then on the job,, but the same.
l' -her t:ith ails" mat�i'lal5 a :d rjuipiileitt under the conti':tCt
iOi' (4C1^k, �ria;j be h?ld f_r :__ 13 the :Or): b the C'Y,'il•2i' �t'
i he :`u -et C•f the. Con -L l ,_ SiiGt:hCi' ntI'aci;CI', ? r
cc,rrl.letion of the wor' :.a C: ntractc� :.h all. not r . _• i
any rental or credit therefore (except when used in
connection with Extra Work, where credit shall be �;:.owed as
provided for under paragraph 24 of this contract',:. -L-, being
understood that the use of such equipment and materials will
ultimately reduce the cost to complete the work and be
reflected in the final settlement.
In case the Surety should fail to commence compliance with
the notice for completion hereinbefore provided for within
ten (10) days after service of such notice, then the Owner
may .provide for complet on of the wccrk in either of the
following elective mann=rs:
( a) The Owner may emplcy such force of men and use .of
machinery, equipment, tools, materials and supplies as
said Owner may deer, necessary to complete the work and
charge the expense of such labor, MaChiner-Y, equipment,
tools, materials and supplies to said Contractor, and
the expense so charged shall be digducted and paid by
• the Owner out of such moneys as may be due, or that may
thereafter at an time become due to the Coritr•actcr
under and by virtue of this Agreement. In case such
expense is less than the sum which would have been
payable under this contract, if the same had been
completed by the Cntractor, then, said Contractor shall
receive the difference. In case such expense is
greater than the s.:.r, ;,hich mould have been pa;;nble
under this contra:.:. if the sail had been completed by,
said Contractor, t era the Conti -actor and/or his 'Surety
shall pay the amou.A " such excc s to the Owner; or
(b) The Owner, under sealed bids, after notice published as
required by law, at. least twice in a newspaper having a
general circulation _n the Count;;• of location of the
work, may let the cor•tract.for the completion of the
work under substantially the same terms and conditions
which are provided in this contract. In case of any
increase in -cost to the Owner under the new contract as
compared to what ofculd have been the cost under this
contract, such increase shall be charged to the
Contractor and the Surety shall be and remain bound.
therefore. However, should the cost to complete any
such new contract ,rove to be'less than that which
would have been the cost to complete the work under
this contract, the C•cntractor or his Surety shall be
credited therewith.
«l►en the work shall h� --e teen sl-:bst_.ntiall,. co, pleted, the
Contractor and his Sure,;, shall be �7o notifie-d and
certi ficates . of ceinple t: ri &cce tance. as pr'o.-i dc�d in
para ;raph 42 herei nabs: _ forth, s1,all be issued. i,
complete iteml2od _-.t.at-" ?:'. of the ::c,ntr Ctc accou.ntL,
certified to b;," (:-weer' Li t:._ a. E.' b• i n =f- oC)r1,0ct.
shall then be pr-eparec, Marc ',li e,, c: Contractor and his
50.
Surety, whereon the Contractor or his Surety, or the Owner
as the case may be, shall pay the balance due as reflected
by said statement within 30 days after the date of.
certificate of completion.
In the event the statement of accounts shows that the cost
to complete the work is less than that which would have been
the cost to the Owner had the work been completed by the
Contractor under the terms of this contract, or when the
Contractor and/or his Surety shall pay the balance shown to
be due by them to the Owner, then all machinery, equipment,
tools, materials or supplies left on the site of the ;York
shall be turned over to the Contractor and/or his Surety.
Should the cost to complete the work exceed the contract
price, and the Contractor and/or his Surety fail to pay the
amount due the Owner within the time desigrated hereinabove,
and there remains any machinery, equipment., tools., riaterials
or supplies on the site of the work. notice thereof,
together with an itemised list of .such equipment a: -,d
materials shall be mailed to the Contactor and his Surety at
the respective addresses desi mated in this contract;
provided, however, that actual written notice given in any
manner will satisfy this condition. After mailin_z, or other
giving of such notice, such property shall be held at the
risk of the Contractor and his Surety subject onl.— t. the
dutly of the Owner to exercise ordinary care to protect such
property. After fifteen (15;, days from the date of said
notice the Owner may sell such machinery, equipment, tools,
materials or supplies and apply the net sum derived from
such sale to the creditof the Contractor, his Surety.
uch sale may be made at.. eitrier public or private sale,, with
or without notice, as the Owner ma;,• elect. The Owner shall
release any machinery, equipment, tools, inaterials, or
supplies which remain on the jobsite and belong to persons
other than the Contractor or his Surety, to their proper
owners.
In case the Owner shall fail to comply with the terms of
this contract, and should fail or refuse to comply with said
terms within ten (10) days after written notification by the
Contractor, then the Contractor ma"y suspend or wholly
abandon the work, and may remove therefrom all machinery,
tools, and equipment, and all materials on the aground that
have not been included in pa,yinents to the Contractor and
have not been incorporated into the work. Thereup-n-n, the
Owner's Representative shall make an estimate of the total
amount earned by the -Contractor, which estimate shall
include the value of all work actually completed bl said
Cc,r)tractor at the priers stated in the the .,ttached
pi-c-posa1, the value of all part.i&ll,: cc-mple..ed wore, at a
Cair and equitable :iDrice, anl` title amount -:•f ,ll Extra .:•rk
p-:,rforrr�ed at the pric:- a ye+d apcn, c,r pr: sided fcr the
terms of this contract, and a reasonable sum to co%:er• the
cost of any provisions made by the Contractor to carry the
whole work to completion, and which cannot be utili.2ed. The
Owner's Representative shall then make a final statmr-_nt of
the balance due the Contractor by deducting from the above
estimate all previous payments by the Owner and all other
sums that may be retained by the Owner under the terra of
this Agreement, and.shall certify same to the Owner who
shall pay to the Contractor on or before thirty t30? days
after the date of the notification by the Contractor the
balance shown by said final statement as 'due the Contractor,
under the terms of this Agreement.
The successful bidder shall be required to furnish a
performance bond and payment bond in accordance with Article
5160, ` ernon' s Annotated Civil Statutes in the amount of
100" of the total contract price, in t;ia a°.erit said contract.
price exceeds '025,000.00. If the contract price does net
exceed $25, 000. 00, the statutory: bonds will not be reyui red.
All bonds, if required, shall be submitted on forms supplied
by the Owner, and executed by an approved Suret;• Company
authorized to do business in the State of Texas. And it is
further agreed that this contract shall not be in effect
until such bonds are so furnished.
52. .F.E C I_A.L ._.0
In the event special conditions ar_� contained herein as part
of the contract documents and said special conrditio.ns•
conflict with any of the general conditions contained in
this contract, then in such event the special conditions
shall control.
5 3: SN. _ RQI_A.T_IRE+..G.._._G r"+.1.►..c..�
Unless otherwise specified herein, all loss or damage to the
Contractor arising -out of the nature of the work to be done,
or from the action of the elements, or from any unforeseen
circumstance and the prosecution of the same, or from
unusual obstructions or difficulties which may be
encountered in the prosecution of the.wo•rk, shall be
sustained and borne by the Contractor at his own cost and
expense.
54. 3.._':;.D_E..P.. .}= `?..T__C_ ..':+..' P.A..G..T.D_P
Contractor is, and shall rernai r,, an i ndeperidenf. contractor
with full, cprriplete and exclusi-.'c pC•wei- and authorlt;y to
direct, super -:.ice, ant: contr. l his own e mpIr-yei2s and to
dei.�rrrdn-e the ai?thod of i.hu j- rf�rrnance Of th rorti: covered
eb; Y. Th- fact taint
,71all ha :e the ri zht tc :b, r _ Ccritractc•r S stork, duri n2- Ili-:
performance and to carry out the other perogatives which are
expressly reserved to and vested in the Owner or Owner's
Representative hereunder, is not intended to and shall not
at any time change or effect the status of the Contractor as
an independent contractor with respect to either the ;:owner
or Owner's Representative or to the Contractor's own
employees or to any other person, firm, or corporation.
The Contractor shall at all times keep the premises free
from accumulation of debris caused by the work, and at the
completion of the work he shall remove all such debris and
also his tools, scaffolding, and surplus materials and shall
leave the work room clean or its equivalent. The work shall
be left in rood order and condition. In case of dispute
Owner may remove the debris and charge the cost to the
Contractor.
NOTICE OF ACCEPTANCE
TO:-------------------------
(Name
---------------------
(Name of Bidder)
( Address of Bid"der)
( City and State of Bidder)
The City of Lubbock, having considered the proposals .
submitted and opened on the ------ day of --------------------,
19__, for work to be done and materials to be furnished in and
for:
as set forth in detail in the Specifications, Plans, and Contract
Documents for such work for the Cite of Lubbock; it appearinC
that your proposal is fair, equitable and to the best interest of
said City, please take notice that said proposal was accepted by
the Cit;; Council of the City of Lubbock on the ----- day of
- ------------------
-----------, 19__, at the bid price contained therein,
subject to the execution of and furnishinZ of all contract
documents, bonds, certificates of insurance, and all other
documents specified and required to be executed and furnished
under the contract documents. It will be necessary for you to
execute and furnish to the City of Lubbock all such documents
within ten (10) days from your receipt of this Notice.
The five percent (5%) bid security, submitted with your
proposal, will be returned upon the execution of such contract
documents and bonds within the above specified ten (10) day
period. In the event you should fail to execute and furnish such
contract documents and bonds within the time limit specified,
said bid security will be retained by the City of Lubbock.
CITY OF LUBBOCK
Owner's Representati. e
SPECIFICATIONS
To furnish and install three slide gate operators, and make repairs or
replacement of existing gates as required to provide a fully automatic
system at three gate locations identified as:
Site A North hangars west side
Site B Wes Tex Aviation area gate
Site C Horton Aero Service gate
Site A - Install one operator, replace existing swing gates with complete -
sliding unit. Provide electrical service from existing city meter
complete with fuse disconnect size of gate opening 12' 4".
Site B - Install one operator, make repairs to existing sliding gate, install
electrical service from pole to north of gate. Install fused
disconnect and meter base with weatherhead drop to meter. Size of
gate opening 13' 9".
Site C - Install one operator, make repairs to existing sliding gate. Install
electrical service from pole north of gate. Install fused disconnect
and meter base with weatherhead. Drop to meter size of gate opening
13' 9".
1. GATE OPERATOR
The electric sliding gate operators shall be heavy duty, high frequency
commercial gate operators. Each operator shall be suitable for operating
the gate with which it is installed and each installation shall be complete
and operable prior to acceptance by the owner.
Each operator shall include a heavy duty industrial motor with separate
gear reduction mechanism. The motor shall not be less than � HP and
shall be for operation on 220 volts, 1 phase, 60 HZ power. Ther gate
shall be driven by'a roller chain not lighter than #40. All bearings
shall be permanently lubricated. Motor contactor meets NEMA size 0
specifications. Limit switches are readily adjustable and securely
locked in place after adjustment. A magnetic solenoid brake shall
prevent coasting or over -travel. The electrical controls shall include
a disconnect at all three sites, meter bases, and weatherhead at site
B and C. Internal control circuits shall be 24 volts and a three button
control station shall be mounted in the unit to permit operation in the
event of failure of the specified control units.
Each operator on sliding gates shall have a radio receiver installed with
all required connection completed and tested. Additionally each operator
shall have a key board controller on entrance and exit, (2 per sliding
operator). Allowing access only to those knowing the code, access code to
be field programable providing 10,000 possible access codes. Each
operator shall also include a time delay relay to automatically close
the gate after a pre-set interval, adjustable from 0-5 minutes, time
to reset on each impluse. All gate control equipment shall be compatable.
Each operator shall be completely weather proof and shall include a
hinged lockable sheet metal cover, 16 gauge or heavier, galvanized and
painted. A heavy duty stand adequate for the"maximum loads which could
be imposed -shall be provided with each unit. Each unit shall be mounted
on a concrete base a minimum of 12 inches thick and extending at least
nine inches in each direction beyond the anchor bolts. The base shall
be reinforced with #4 bars at nine inches each way. Gate travel to be
approximately one foot per second.
2. RADIO CONTROLS
Digital solid state radio controls, transmitters, receivers, and units
to be field programable to various combinations. Designed for severe
field use. Requires three receivers and 24 transmitters with project.
Option for additional transmitters:
1 - 5 Price each
5 - 10 Price each .
10 - 25 Price each
3. GENERAL CONSTRUCTION METHODS
Site A - New sliding gate unit to be installed to match existing fencing.
All materials to be equal or better than existing. Electrical
power to be run underground from existing city meter to operator
location. Service of approximately 100 feet trenching, compacting,
and resurfaced areas to be performed in acceptable workman manner
subject to approval of owner.
Site B - Complete renovation of existing sliding gate to assure proper
operation. Approximately 10 feet underground service for electric.
All work subject to approval of owner.
Site C - Complete renovation of existing sliding gate. Electric power to be
run underground approximately 235 feet"from utility pole east of
job site. Trenching compacting and resurfaced areas to be performed
in acceptable workman manner subject to approval of owner.
3a. Welding
Structural members of gates which are in contact shall be fully welded by a
method that will procure a continuous weld on all sides and faces of joints
at exposed edges. Surplus welding materials shall be removed.
3b. Concrete
Concrete around post shall be adequate to maintain the posts truly
plumbed under stress imposed and shall have a 28 day compressive
strength of not less than 2,500 PSI.
3c. Electrical
All electrical work to be accomplished in accordance with current
City of Lubbock codes.
4. WARRANTY
All material ana equipment installed under this contract shall -have
a one (I) year warranty, after acceptance by owner.
5. ALTERNATE BIDS
' Alternate
#1
- Delete
all
replacement
and repairs to
gates and fencing.
Alternate
#2
- Delete
all
electrical
service to gate
operators.
6. NOTES
1. Each contractor should visit the site before bidding.
2. Each bidder to supply complete discription and specification sheets
of all equipment to be furnished with this bid to the owner.