HomeMy WebLinkAboutResolution - 866 - Contract - 3M Company - Materials Security System - 07/09/1981AA:bs RESOLUTION #866 - 7/9/81
Bid 6401
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
3-M Company for the installation of a Materials Security System, 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 Reso
tion as if fully copied herein in detail.
Passed by the City Council this 9th day of July ,1981.
r ATTEST:
Evelyn--Gaf a, tity Se y Treasurer
TO CONKNT :
eston, Director
APPROVED AS TO FORM:
Community Facilities
Angela Ad s, Assistant City Attorney
MCALISTER. MAYOR
i4v S,CRETARY•TREAS RF
i�iu®
INDEX RESOLUTION #866 i 719/81 '
Bid #6401
1. NOTICE TO BIDDERS
2. GENERAL INSTRUCTIONS TO BIDDERS
3. BID PROPOSAL — BID FOR LUMP SUM CONTRACTS
4. CERTIFICATE OF INSURANCE
5. CONTRACT
6. GENERAL CONDITIONS OF THE AGREEMENT
7. SPECIFICATIONS (TO BE PROVIDED BY ENGINEERS)
8. NOTICE OF ACCEPTANCE
9. ADVERTISEMENT FOR BIDS (TO BE PUBLISHED IN NEWSPAPER AND NOT
INCLUDED IN CONTRACT DOCUMENTS)
I
M
CITY OF LUBBOCK
GENERAL REVENUE SHARING PROGRAM
SPECIFICATIONS
for
TITLE Materials Security System
GaRS WO: 0000
PREPARED BY:
DEPARTMENT Library
NOTICE TO BIDDERS
NOTICE TO BIDDERS
Sealed proposals addressed to Floyd P. Nesbitt, Director of Purchasing, City
of Lubbock,' Texas, will be received at the office of the Director of Purchasing,
916 Texas Avenue, Lubbock, Texas, until 4 o'clock -.m. on the ?_2-
day of June 19�, to furnish all labor and materials and
perform all work for the construction of the following described project:
Materials Security System at the Godeke Branch Library.
After the expiration of the time and date above first written said sealed pro-
posals will be opened by the Director of Purchasing 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 Floyd P. Wesbitt, Director of Purchasing for the City of
Lubbock, prior to the expiration of the date above first written.
The City Council will consider the bids on the 9 day of July ,
19 81 , at City Hall Lubbock, Texas, or as soon the as may be reasonably
convenient, subject to the right to reject any or all bids and waive any for-
malities. The successful bidder will be required to furnish a performance
bond and payment bond in accordance with Article 5160, Vernon's Ann. Civ. St.,
in the amount of 100% of the total contract price in the event that said
contract price exceeds $25,000.00. If the contract price does not exceed.
$25,000.00 the said statutory bonds will not be required.
Bidders are required to submit a cashier'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 ex-
amined at the office of the Director of Purchasing for the City of Lubbock,
Texas.
The above described project will be paid for in part or in whole from the
General Revenue Sharing program and the contract for this project must comply
with the provisions of the Davis -Bacon Act which requires the payment of
federal minimum wages.
City of Lubbocl
BY:
Floyd . Nesb ,
Diiec o Purchasing
GENERAL INSTRUCTIONS TO BIDDERS
L__
GENERAL INSTRUCTIONS TO BIDDERS
1. SCOPE OF WORK
The work to be done under the contract documents shall consist of the
following: to provide a materials security system for the Godeke Branch
of the Lubbock City-CountyLibrary.
The contractor shall furnish all labor, superintendence, machinery,
equipment and all materials necessary to complete this project in accor-
dance with contract documents.
2. CONTRACT DOCUMENTS
All work covered by this contract shall be done in accordance with con-
tract 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 satisfactory completion of all work contemplated
by said contract documents.
3. PLANS FOR USE BY BIDDERS
It is the intent' of the City of Lubbock that all parties with an interest.
in submitting a bid on the project covered by the contract documents be
given a reasonable opportunity to examine the documents and prepare a bid
without charge or forfeiture of deposit. The contract documents, may be
examined without charge as noted in the Notice to Bidders.
4. TIME AND ORDER FOR COMPLETION.
The construction covered by the contract documents shall be fully completed
within 4_ calendar days from the date specified in the Notice to Proceed
issued by the City of Lubbock to the successful bidder.
The Contractor will be permitted to prosecute the work in the order of
his own choosing, provided however, the City reserves the right to require
the Contractor to submit a progress schedule of the work contemplated by
the contract documents. In the event the City requires a progress schedule
to be submitted and it is determined by the City that the progress of the
work is not in accordance with the progress schedule so submitted, the
City may direct the Contractor to take such action as the City deems
necessary to insure completion of the project within the time specified.
5. PAYMENT
All payments due to Contractor shall be made in accordance with the
provisions of the General Conditions of the contract documents.
L R
0
lk" e4*111
6. AFFIDAVITS OF BILL'S PAID
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.
7. MATERIALS AND WORKMANSHIP
The intent of these contract documents is that only materials and work-
manship of the best quality and grade will 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 incor-
porated into the project. The presence or absence of a representative of
the City on the construction site will not relieve the Contractor of full
responsibility of complying with this provision. 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.
8. GUARANTEES
All equipment and materials incorporated in the project and all construc-
tion shall be guaranteed against defective materials and workmanship.
Prior to final acceptance, the Contractor shall furnish to the Owner, a
written general guarantee which shall provide that the Contractor shall
remedy any defects in the work, and pay for any and all damages 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 workmanship, at no cost to the Owner (City of
Lubbock).
9. PLANS FOR THE CONTRACTOR
The Contractor will be furnished 1 sets of drawings, specifications,
and related contract documents for his use during construction. Plans
and specifications for use during construction will only be furnished
directly to the 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.
10. PROTECTION OF THE WORK
The Contractor shall'be responsible for the care, preservation, conser-
vation, 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 following 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.
11. TEXAS STATE SALES TAX
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. PROTECTION OF SUBSURFACE LINES AND STRUCTURES
It shall be the Contractor's responsibility to prosecute the work con-
templated by the contract documents in such a way as to exercise due care
to locate and prevent damage to all underground pipelines, utility lines,
conduits or other underground structures which might or could be damaged
by Contractor during the construction of the project contemplated by
these contract documents. The City of Lubbock agrees that it will fur-
nish Contractor the location of all such underground lines and utilities
of which it has knowledge. However, such fact shall not relieve the
Contractor of his responsibilities aforementioned. All such underground
lines or structures cut or damaged by Contractor during the prosecution
of the work contemplated by this contract shall be repaired immediately
by Contractor to the satisfaction of the City of Lubbock, Texas, at
Contractor's expense.
13. BARRICADES AND SAFETY MEASURES
The Contractor shall, at his own expense, furnish and erect such barri-
cades, 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 for all damage to the work due to
failure of barricades, signs, and lights to protect it, and when damage
is incurred, the damaged portion shall be immediately removed and replaced
by Contractor at his own cost and expense. The Contractor's responsibility
for maintenance of barricades, signs, and lights shall not cease until
the date of issuance to Contractor of City's certificate of acceptance of
the project.
14. EXPLOSIVES
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 damage which may occur as a
direct or indirect result of the blasting. In addition in all cases
where explosives are authorized to be used, the Contractor shall use .
utmost care so as not.to endanger life or property and the Contractor
shall further use only such methods as are currently utilized by .
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 construction of
the project contemplated by this contract, it shall be the duty of the
Contractor to notify each utility company having structures (above or
below the ground) in proximity to the site of the work of Contractor's
intention to use explosives, and such notice shall be given sufficiently
in advance to enable the companies to take such steps as they may deem
necessary to protect their property from injury. Such notice however,
shall not relieve the Contractor of responsibility for any damage resulting
from his blasting operations.
15. CONTRACTOR'S REPRESENTATIVE
The successful bidder shall be required to have a responsible local
representative available at all times while the work 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. INSURANCE
The Contractor shall not commence work under this contract until he has
obtained all insurance as required in the General Conditions of the con-
tract 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.
17. PROVISIONS CONCERNING ESCALATOR CLAUSES
Proposals submitted"containing any conditions which provide for changes
in the stated bid price due to increases or decreases in the cost of
materials, labor or other items required for the project will be rejected
and returned to the bidder without being considered.
18. PREPARATION OR PROPOSAL
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 fii"knish 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
proposal is submitted by an individual, his name must be signed by him or
his duly authorized.agent. If a proposal is submitted by a firm, associa-
tion, or partnership, the name and address of each member must be given
and the proposal signed 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 corporate 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 writing and submitted with the proposal.
The proposal shall be executed in ink.
Each proposal shall be enclosed in a sealed envelope, addressed as speci-
fied 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 opening of the bids, but no proposal may be withdrawn or
altered thereafter.
19. BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder
shall be bound and include the following:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidder's Proposal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.—
(i) Insurance Certificates.
(j) All other documents made available to bidder 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.
BID PROPOSAL - BID FOR LUMP SUM CONTRACTS
111
BID PROPOSAL f
BID FOR LUMP SUM CONTRACTS
PLACE
DATE 6/23/81
PROJECT NO. LIBRARY BOOK DETECTION SYSTEM
Proposal of MINNESOTA MINING & MFG, COMPANY (hereinafter
called "Bidder")
To the Honorable Mayor and City Council
City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction
of a LIBRARY BOOK DETECTION SYSTEM FOR LUBBOCK PUBLIC LIBRARY
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 familar 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 with 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 in performing the work re-
quired under the contract documents, of which this proposal is to be a part,
is -as follows:
FOURTEEN THOUSAND TWO HUNDRED SIXTY-NINE AND NO/100
($14,269.00 )
(Amount shall be shown in both words and figures. In case of discrepancy, the
amount shown in -words shall govern.)
Bidder hereby agrees to commence the work on the above project on or
before a date to be specified in a written "Notice to Proceed" of the Owner
and to fully complete the project within 45 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 $ STA for each consecutive calendar day in
excess of the time set forth hereinabove for completion of this project, all
as 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 18.of the General Instruc-
tions to Bidders.
Bidder understands 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 be withdrawn
for a period of thirty (30) calendar days after the scheduled closing time for
receiving bids.
The undetsigned Bidder hereby declares that he has visited the site of
the work and has carefully examined the plAns, specifications, and contract
documents pertaining to the work covered by this bid, and he further agrees to'
commence work on or 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
R.r Dollars ($ }
or a Proposal Bond in the sum of BID BOND FOR 5% SEVEN HUNDRED THIRTEEN & 45/100
Dollars ($_71q_45 ), 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.
MINNESOTA MINING & MFG. COMPANY
Contractor
i
BY:
GRAHAM E. GURR, MANAGER
(Seal if Bidder is a Corporation)
ATTEST:
Secretary
l.: s.stant Secretary
CERTIFICATE OF INSURANCE
CERTIFICATE,OF, INSURANCE
3M COMPANY - 3M CENTER - ST. PAUL, MINNESOTA
TO THE HOLDER OF THIS CERTIFICATE:
This is to certify that policies of insurance described below have been
issued to Minnesota Mining and Manufacturing Company and its subsidiary
companies.
Northwestern National Insurance Group guarantees that the coverages
as stated herein will remain in effect for the entire policy period.
Coverage
Limits of Liability
Policy
Number
Policy Period
Workers' Compensation
WC - Statutory*
WC
639954
1-1-81/82
and Employers' WC 639955
Liability EL - 500,000 (Texas only)
each accident
General Liability
Bodily Injury and 500,000 each occurrence CLA 21 00 22 1-1-81/82
Property Damage Bodily Injury and
Premises — Operations Property Damage
Products - completed Combined
operations 3,000,000 Aggregate Products
Blanket Contractual
Automobile Liability
Bodily Injury and 500,000 each occurrence** CLA 21 00 22 1 -1 -81/82 -
Property Damage Bodily Injury and
Property Damage Combined
* - In all states and territories of the United States, except statutory compensation
provided in monopolistic states.
** - All owned, non -owned `and hired automobiles.
This certificate of insurance neither affirmatively nor negatively amends, alters,
or extends the coverage afforded by any policy described herein.
Producer - Marsh & McLennan, Inc.
Office - Minneapolis, Minnesota
Northwestern National Insurance Company
Northwestern Nationa�lj Casualty Company
By`y,
,Aori-id-presentative
BONS'-0"'
�AFECO INSURANCE COMPANY OF AMERICA
ENERAL INSURANCE COMPANY OF AMERICA
FIRST NATIONAL INSURANCE COMPANY
SAFECD OF AMERICA
HOME OFFICE: SAFECO PLAZA
SEATTLE, WASHINGTON 98185
Approved by The American Institute of Architects,
A.I.A. Document No. A-310 (Feb. 1970 Edition)
KNOWALLMEN BYTHESE PRESENTS, That we, MINNESOTA MINING & MFG. COMPANY
as Principal, hereinafter called the Principal,
and the SAFECO INSURANCE COMPANY OF AMERICA, of Seattle, Washington, a corporation duly organized under
the laws of the State of Washington, as Surety, hereinafter called the Surety, are held and firmly bound unto
CITY OF LUBBOCK, TEXAS as Obligee, hereinafter called the Obligee,
in the sum of 5% OF TOTAL BID Dollars
(S ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind.
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for LIBRARY BOOK DETECTION SYSTEM
-NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with
the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or
Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt
payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter
such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the
'penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith
contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, c,therwise
to remain in full force and effect.
Signed and sealed this 23rd day of JUNE , 19-&x-.
J-64,9JW CL A
MINNESOTA MINING & MFG, COMP $SM)
Principal
Witness
MHAM E. GURR, MANAGER rte
SAFECO INSURANCE COMPA C>F AMERICA
Xx -11
ifs
—7Witness Ey l
.1 Attorney -in -Fact
5-54 R6 1/75
01
r. v fes'+
ACKNOWLEDGMENT BY SURETY
iNSINNNESOTA
STATE OF
HENNEPIN ss
County of
On this 23rd day of JUNE 19AI- , before me personalty
appeared BERNICE SCHRENK , known to me to be the Attorney -in -Fact of
SAFECO INSURANCE COMPANY OF AMERICA, GENERAL INSURANCE COMPANY OF AMERICA, FIRST NATIONAL
INSURANCE COMPANY OF AMERICA or SAFECO NATIONAL INSURANCE COMPANY, the corporation that executed the
within instrument, and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County,
d ear in this certificate first above written.
3" NOTARY Pu81ICLdIO
MINNESOTA
4ENNEPIN CUNTY Notary Public in the State of
M m inion expires O,198s County Of
S-230 R4 6/78 PRINTED IN U.S.A.
® POWM OF ATTORNEY �^QFECO INSURANCE COMPANY OF AMERICA
NERAL INSURANCE COMPANY OF AMERICA
HOME OFFICE: SAFECO PLAZA
SAFECO SEATTLE, WASHINGTON 98185
No. 5825
KNOW ALL BY THESE PRESENTS:
That SAFECO Insurance Company of America and General Insurance Company of America_ each a
Washington corporation , does each hereby appoint
--------------------------------BERNICE SCHRENK ------------------------------------
its true and lawful attorneys) -in -fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings
and other documents of a similar character issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO Insurance Company of America and General Insurance Company of America have
each executed and attested these presents
this
20th
day of
June
19 80 .
CERTIFICATE
Extract from Article VI, Section 13, of the By -Laws of SAFECO Insurance Company of America
and of General Insurance Company of America:
"Article VI, Section 13, — FIDELITY AND SURETY BONDS ... the President, any Vice President, and the Secretary shall
each have authority to appoint individuals as attorneys -in -factor under other appropriate titles with authority to execute on
behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the
course of its business ... On any instrument making or evidencing such appointment, the signatures may be affixed by
facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a
facsimile thereof, maybe impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not
be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO Insurance Company of America and
of General Insurance Company of America adopted July 28_1970 and as amended February 2, 1977:
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article VI, Section 13 of the By -Laws, and
(ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, Wm. Hammersla, Vice President and Secretary of SAFECO Insurance Company of America and of General Insurance
Company of America, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of
Directors of these corporations, and of a Power -of -Attorney issued pursuant thereto, are true and correct, and that both the
By -Laws, the Resolution and the Power -of -Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each corporation
day of JUNE
, 19 81 .
S-874 R6 3/80 PRINTED IN U.SA
4-- t..
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
59
THIS AGREEMENT, made and entered into this __,30— day of P
A.D. 1981, by and between the City of Lubbock, County of Lubbock Statf of
Texas, acting by and through Bill McAlister , Mayor, thereunto
authorized to do so, hereinafter referred to as OWNER, and
Minnesota Mining and Manufacturing Company
of the City of St. Paul , County of Hennepin
and State -of Minnesota , hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements
hereinafter mentioned, to be made and performed by the OWNER and under the
conditions expressed in -the bond bearing even date herewith (if any) the CON-
TRACTOR hereby agrees with OWNER to commence and complete the construction of
certain improvements described as follows:
purchase and installation of material security system, to be installed
at the Godeke'Branch Library
and all extra work in connection therewith, 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 necessary 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 work within ten days after the _
date written notice to do so shall have been given to him and.to substantially
complete same within forty-five (45) consecutive days thereof.
The OWNER agrees to pay the CONTRACTOR $14.269.00 in
current funds for the performance of the contract In accordance with the
proposal submitted therefor, subject to additions and deductions, as provided
in the contract documents and to make payment on account thereof as provided
therein.
ka
rr"',
IN WITNESS WHEREOF, the parties to these presents have executed this
agreement inrCoy bF Lubbock, Texas. in the year and day first above written.
ATTEST:----...
Secretary
APPROVED AS TO CONTENT:{/
Zol swild
Bill Stewart, Library Director
APPROVED AS TO FORM:
Angela Ada s, Asst. Citytt
Aorney
ATTEST:
CITY OF LUBBOC1. TEXAS (OWNER)
C
BY:
ckf
MA OR
TITLESMAA m F. GRrrr-
f
Secret y
COMPLETE ADDRESS:
Raymond E. Johnson
asotant Secretary
1-
w
59
GENERAL CONDITIONS OF THE AGREEMENT
GENERAL CONDITIONS OF THE AGREEMENT
1. OWNER
Whenever the word Owner, or the expression Party of the First Part, or
First Party, are used in this contract, it shall be understood as referring to
the City of Lubbock, Texas.
2. CONTRACTOR
Whenever the word Contractor, or the expression Party of the Second Part,
or Second Party, is used, it shall be understood to mean the person, persons,
co -partnership or corporation, to -wit: Minnesota Mining and Manufacturing__
Company , who has agreed to perform the work embraced in
this contract, or to his or their legal representative.
3. OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in
this contract, it shall be understood as referring to William Stewart,
Library Director , City Hall, Lubbock, Texas, under
whose supervision these contract documents, including the plans and specif-
ications, 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 any particular under this agreement. Engineers, supervisor or inspectors
will act for the Owner under the direction of Owner's Representative, but
shall not directly supervise the Contractor or men acting in behalf of the
Contractor.
4.. CONTRACT DOCUMENTS
The contract documents shall consist of the Notice to Bidders, General
Instructions to Bidders, Proposal, Signed Agreement, Statutory Bonds (if re-
quired), General Conditions of the Agreement, Special Conditions of the Agree-
ment (if any), Specifications, Plans, Insurance Certificate, and all other
documents made available to Bidder for his inspection in accordance with the
Notice to Bidders.
5. INTERPRETATION OF PHRASES
Whenever the words "Directed," "Permitted," "Designated," "Required,"
"Considered Necessary," "Prescribed," or words of like import are used, it
shall be understood that the direction, requirement, permission, order, designa-
tion or prescription of the Owner's Representative is intended; and similarly,
the words "Approved," "Acceptable," "Satisfactory," or words of like import
shall mean approved by or acceptable or satisfactory to the Owner's Representa-
tive.
.Vaenever in the Specifications or drawings accompanying this agreement,
the terms of description of various qualities relative to finish, workmanship,
or other qualities of similar kind which cannot, from their nature, be specifi-
cally 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 Specifications
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shall be decided by the Owner's Representative, and said work shall be done in
accordance with his interpretations of the meaning of the words, terms, or
clauses defining the character of the work.
6.
SUBCONTRACT0R
The term Subcontractor, as employed herein, includes only those having a
direct contract with the Contractor for performance of work on the project
contemplated by these contract documents. Owner shall have no responsibility
to any Subcontractor employed by Contractor for performance of work on the
project contemplated by these contract documents, but said Subcontractors will
look exclusively to Contractor for any payments due Subcontractor.
7. WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in
person to the individual or to a member of the firm or to an officer of the
corporation for whom it is intended, or if delivered at or sent certified mail
to the last business address known to him who gives the notice.
8. WORK
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 good quality. The Con-
tractor shall, if required, furnish satisfactory evidence as to the kind and
quality of materials. Materials or work described in words which so applied
have well known, technical or trade meaning shall be held to refer such recog-
nized standards.
All work shall be done and all materials furnished in strict conformity
with the.contract documents.
9. SUBSTANTIALLY COMPLETED
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. LAYOUT OF WORK
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 Representative. The Owner's Representative will check the
Contractor's layout of all major structures and any other layout work done by
the Contractor at Contractor's request, but this check does not relieve the
Contractor of the responsibility of correctly locating all work in accordance
with the Plans and Specifications.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished with 1 copy of all Plans, Pro-
files and Specifications without expense to him and he shall keep one copy of
same consistently accessible on the job site.
12. RIGHT OF ENTRY
The Owner's Representative may make periodic visits to the site to observe
the progress and quality 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 exhaustive or continuous on-site inspections to check the
quality or quantity of the work, nor will he be responsible for the construc-
tion 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
basis of his on-site observations, he will keep the Owner.informed of the pro-
gress of the work and will endeavor to guard the Owner against defects and
deficiencies in .the work of the Contractor.
13. LINES AND GRADES
All lines and grades shall be furnished by the Owner's Representative
whenever necessary for the commencement of the work contemplated by these
contract documents or the completion of the work contemplated by these contract
documents. Whenever necessary, Contractor shall suspend his work in order to
permit Owner's Representative to comply with this requirement, but such suspension
will be as brief as practical and Contractor shall be allowed no extra compensation
therefore. The Contractor shall give the 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.
14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to
this Agreement that the Owner's Representative shall review all work included
herein. He has the authority to stop the work whenever such stoppage may be
necessary to insure the proper execution of the contract. In order to permit
delays -and disputes and to discourage litigation, it is further agreed that
the Owner's Representative shall, in all cases, determine the amounts and
quantities of.the several kinds of work which are to be paid for under this
contract. He shall determine all questions in relation to said work and the
construction thereof, and -shall, in all cases, decide every question which may
arise relative to the execution of this contract on the part of said Contractor.
The Owner's Representative's estimates and findings shall be conditions pre-
cedent to the right 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 party
hereto, is not in accordance with the meaning and intent of this contract,
either party may file with said Owner'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 question so raised to arbitration as
hereinafter provided. It is the intent of this Agreement that there shall be
no delay in the execution of the work, therefore, written decisions or direction
of the Owner's Representative as rendered shall be promptly carried out, and
any claim arising therefrom shall be thereafter adjusted to arbitration as
hereinafter provided.
The Owner's Representative shall, within a reasonable time, render and
deliver to both the Owner and the Contractor a written decision on all claims
of the parties hereto and on all questions which may arise relative to the
execution of the work or the interpretation of the contract, specifications
and plans. Should the Owner's Representative fail 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. SUPERINTENDENCE AND INSPECTION
It is agreed by the Contractor that the Owner's Representative shall be
and is hereby authorized to appoint 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 work done under this Agreement, and
to see that said material is furnished and said work is done in accordance
with the specifications therefor. 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 any subordinate
engineers, supervisors or inspectors so appointed, when such directions and
instructions are consistent with the obligations of this Agreement and accompanying
plans and specifications, provided, however, should the Contractor object to
any orders -by any subordinate engineer, supervisor or inspector, the Contractor
may within six (6) days make written appeal to the Owner's Representative for
his decision.
16.. CONTRACTOR'S DUTY AND SUPERINTENDENCE
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 representa-
tives of the -Contractor is essential to the proper performance of the work andy
lack of such supervision shall be grounds for suspending operations of the
Contractor.
The work, from its commencement to -completion, shall be under the exclu-
sive 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 omissions of the Contractor, or any subcontractors, or any of his agents or
employees, or any other persons performing any of the work.
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17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examina-
tion, satisfied himself as to the nature and location of the work, the confir-
mation 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 the work, and the general and local conditions,
and all other matters which in any way effect the 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. CHARACTER OF WORKMEN
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, un-
faithful, or disorderly, such man or men shall be discharged from the work and
shall not again be employed on the work without the Owner's Representative's
written consent.
19. CONSTRUCTION PLANT
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 it is 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. SANITATION
Necessary sanitary conveniences for the use of laborers on the work site,
properly secluded from public observation, shall be'constructed and maintained
by the Contractor in such manner and at such points at shall be approved by
the Owner's Representative and their use shall be strictly enforced.
21. OBSERVATION AND TESTING
The Owner or Owner's Representative shall have the right 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 any observation which may be contemplated 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 found to be defective or not in accordance with the con-
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tract documents, regardless of the stage 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 event that any part of the work is being fabricated or manu-
factured at a location where it is not convenient for Owner or Owner's Representa-
tive go make observations of such work or require testing of said work, then
in such event Owner or Owner's Representative may require Contractor to fur-
nish Owner or Owner's Representative certificates of inspection, testing or
approval made by persons competent to perform such tasks at the location where
that part of the work is being manufactured or fabricated. All such tests
will be in accordance with the methods prescribed by the American Society for
Testing and Materials 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 Repre-
sentative, 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 requirements
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 expense.
Neither observations by the Owner or OwSner"s Representative, nor inspec-
tions, tests, or approvals made by Owner, Owner's Representative, or other
persons authorized under this agreement to make such inspections,.tests, or
approvals, shall relieve the Contractor from his obligation to perform the
work in accordance with the requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is further agreed that if the work or any part thereof, or any material
brought on the site of the work for use in the work or selected for the same,
shall be deemed by the Owner or Owner's Representative as unsuitable or not in
conformity with plans, specifications and contract documents, the Contractor
shall, after receipt of written notice thereof from .the Owner's Representative,
forthwith remove such material and rebuild or otherwise remedy such work so
that it shall be in full accordance with this contract. It is further agreed-
that
greed-that any remedial action contemplated as hereinabove set forth shall be at
Contractor's expense.
23. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and
alterations as the Owner may see fit, in the line, grade, form; dimensions,
plans or materials for the work herein contemplated, or any part thereof,
either before or after -the beginning of the construction, without affecting
the validity of this contract and the accompanying bond.
If such changes or alterations diminish the quantity of the work to be
done, they shall_not constitute the basis for a claim for damages, or antici-
pated profits on the work that may be dispensed with. If they increase the
amount of work, and the increased work can fairly be classified under the
specifications, such increase shall be paid according to 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 Work.
In case the Owner shall make such changes or alterations as shall make useless
any work already done or material already furnished or used in said work, then
the Owner shall recompense the Contractor for any material or labor so used,
and for any actual loss occasioned by such change, due to actual expenses in-
curred in preparation for the work as originally planned.
24. EXTRA WORK
The term "extra work" as used in this contract shall be understood to
mean and include all work that may be required by the Owner or Owner's Repre-
sentative to be done by the Contractor to accomplish any change, alteration or
addition to the work as shown on the plans and specifications or contract
documents and not covered by Contractor's proposal, except as provided under
Changes and Alterations herein.
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 Owner'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 agreed that the compensation to be paid to the Contractor
for performing said extra work shall be determined by one or more of the
following methods:
Method (A) - By agreed unit prices; or
Method' (B). - By agreed lump. sum; or
Method (C) = If neither Method (A) 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 Method (C),
then the provisions of this paragraph shall apply and the "actual field cost" -
is hereby defined to include the cost of all workmen, such as foremen, time-
keepers, mechanics and laborers, and materials, supplies, teams, trucks,
rentals on machinery and equipment, for the time actually employed or used on
such extra work, plus actual transportation charges necessarily incurred,
together with all expenses incurred directly on account of such extra work,
including Social Security, Old Age Benefits, Maintenance Bonds, Public Lia-
bility and Property Damage and Workmen'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 Owner's Representative. The
Owner's Representative may also,specify,itn writing, before the work commences,
tIhe 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.
Ujnless otherwise agreed upon, the prices for the use of machinery and equip -
went 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
.oder. The fifteen per cent (15X) of the actual field cost to be paid to
Contractor shall cover and compensate him for his profit, overhead, general
s4perintendence, and field office expense, and all other elements of cost and
expense not embraced within the actual field cost as herein defined, save that
where the Contractor's Camp or Field Office must be maintained primarily on
account of such Extra Work, then the cost to maintain and operate the same
shall be included in the "actual field cost."
No claim for extra work of any kind will be allowed unless ordered in
writing by the 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
r�quest 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 theOwner's Repre-
sentative insists upon its performance, the Contractor shall proceed with the
work after making written request for written order and shall keep adequate
and accurate account of the actual field cost thereof, as provided under
Method (C). The Contractor will thereby preserve the right to submit the
matter of payment to arbitration as herein below provided.
25. DISCREPANCIES AND OMISSIONS
i
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 docu-
ments, 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 ac-
cordance with the intent of these contract documents as interpreted by Owner's
Representative. If the Contractor finds any discrepancies. or omissions in
these plans, specifications, or contract documents, he should notify the
Owner's Representative and obtain a clarification before the bids are received,
and if no such request is received by the Owner's Representative prior to the
opening of bids, then it shall be considered that the Contractor fully under-
stands the work to be included and has provided sufficient sums in his pro-
posal to complete the work in accordance with these plans and specifications.
It is further understood that any request for clarification must be submitted
no later than five days prior to the opening of bids.
26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
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 re-
quired under this contract, the Owner or Owner's Representative may order the
Contractor in writing to increase theif safety or improve their character and
efficiency and the Contractor shall comply with such order.
If, at any time, the working force of the Contractor is inadequate for
securing the progress herein specified, the Contractor shall, if so ordered in
writing, increase his force or equipment, or both, to such an extent as to
give reasonable assurance of compliance with the schedule of progress.
.27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
The Contractor shall take out and procure a policy or policies of Work-
men's Compensation Insurance with an insurance company licensed to transact
business in the State of Texas, which policy shall comply with the Workmen's
Compensation laws of the State of Texas. The Contractor shall at all times
exercise reasonable precaution for the safety of employees and others on or
near the work and shall comply with all applicable provisions of federal,
state and municipal laws and building and construction codes. All machinery
and equipment and other physical hazards shall be guarded in accordance with
the "Manual of Accident Prevention in Construction" of Associated General
Contractors of America, except where incompatible with federal, state or
municipal laws or regulations. The Contractor, his sureties and insurance
carriers 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 whatsoever, brought for or on account of any injuries or damages
received or sustained by any person or persons or property, on account of any
negligent act or fault of the Contractor or any subcontractor, their agents or
employees, in the execution and supervision of said contract, and the project
which is the subject matter of this contract, on account of the failure of
Contractor or any subcontractor to provide necessary barricades, warning
lights, or signs, and will be required to pay any judgment with costs which
may be obtained against the Owner or any of its officers, agents, or employees
including attorney's fees.
The safety precautions taken shall be the sole 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 Owner, the Owner's Representative concerning omissions under this paragraph
as the work progresses, are intended as reminders to the Contractor of his
duty and shall not be construed as any assumption of duty to supervise safety
precautions by either the Contractor or any of his subcontractors..
28. CONTRACTOR'S INSURANCE
The Contractor shall procure and carry at his sole cost and expense
throughout the life of this contract, insurance protection as hereinafter
specified. Such insurance shall be carried with an insurance company licensed
to transact business in the State of Texas and shall cover all operations in
connection with this contract, whether performed by the Contractor or a sub-
contractor, or separate policies shall be provided covering the operation of
each subcontractor.
(A) Workmen's Compensation and Employer's Liability Insurance
As required by State statute covering all employees employed on a
work whether employed by the Contractor or any Subcontractor on the job.
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(B) Owner's Protective or Contingent Public Liability 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 an addi-
tional insured and the amount of such policy shall be as follows:
$ 300,000.00 for bodily injuries, including accidental death,
.to any one person, but limited to $ 500,000.00 per occurrence,
and $ 1000000.00 for property damage.
The Contractor shall obtain a Contractor's Protective (Contingent)
Liability Insurance policy and the amount of said policy shall be as
follows:
In an amount not less than $ 300,000.00 for bodily injuries,
including accidental death, to any one person, but not less than
$_ 500,000.00 per occurrence and in the amount of not less
than $ 1 00,000.00 for property damage.
(C) Automobile Insurance
The Contractor shall procure automobile insurance providing coverage
in accordance with state law.
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(D) Proof of Coverage
Before work on this contract is commenced, each Contractor and sub-
contractor shall submit to the Owner for approval 1 certi-
ficates 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 applies.
(3) The name of the policy and type or types of insurance in '
force thereunder on the date borne by such certificate.
(4) .The expiration date of the policy and the limit or limits
of liability thereunder on the date borne by such certificate.
(5) A statement that the insurance of the type afforded by
the policy applies to all of the operations of whatever
character, which are undertaken by the insured during the
performance of this contract, provided such operations are
required in the performance of.the contract.
(6) A provision that the policy may be cancelled only by mailing
written notice to the named insured at the address shown in the
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policy stating when, not,l.ess than ten (10) days thereafter,
cancellation of such policy shall be effective, with a copy to
the Owner of said letter of intent.
29. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN,
AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES
The Contractor agrees that he will indemnify and save the Owner harmless
from all claims growing out of any demands of subcontractors, laborers, work-
men, mechanics, materialmen 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
nature hereinabove designated have been paid, discharged or waived.
If during the progress of the work, Contractor shall allow any indebted-
ness to accrue for work furnished by any of those 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 paragraph must be
in,writing.
30
PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The Contractor shall pay all royalties and license fees, and shall pro-
vide for the use of any design, device, material or process covered by letters
patent or copyright by suitable legal agreement with the Patentee or Owner
thereof. The Contractor shall defend all suits or claims for infringement of
any patent or copyrights and shall indemnify and save the Owner harmless from
any loss on account thereof, except that Owner shall defend all such suits and
claims and shall be responsible for all such loss when a particular design,
device, material or -process or the product of 'a particular manufacturer or
manufacturers is specified or required 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 speci-
fied or required by Owner is an infringement, the Contractor shall be responsible
for such loss unless he promptly gives written notice to the Owner of such
infringement.
314, LAWS AND ORDINANCES
The Contractor shall -at all times observe and comply with all federal,
state and local laws, ordinances and regulations, which in any manner effect
the contract or the work, and shall indemnify and save harmless the Owner
against any claims arising from the violation of any such laws, ordinances,
and regulations, whether by the Contractor or his employees. If the Con-
tractor observes that the plans and specifications are at variance therewith,
he shall promptly notify the Owner's Representative in writing and any neces-
sary changes shall be adjusted as provided in the contract for changes in the
work. If the Contractor performs any work knowing it to be contrary to such
k l•
(0011,
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laws, ordinances, rules and regulations, and.without such notice to the Owner's
Representative, he shall bear all wets arising therefrom.
The Owner is,a municipal corporation of the State of Texas and the law
from which.it derives its powers, insofar as the same regulates the objects
for which, or the manner in which, or the conditions under which the Owner may
enter into contracts, shall be controlling, and shall be considered as part of
this contract to thesame effect as though embodied herein.
32. ASSIGNMENT AND SUBLETTING
The Contractor further agrees that he will retain personal control and
will give his personal attention to the fulfillment of this contract. 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.
33. TIME FOR .COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed by and between the Contractor
and the Owner, that the date of beginning and time for completion as specified
in the contract of work to be done hereunder are essential conditions of this
contract; and it is further mutually understood and agreed that the work em-
braced 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, or any proper extension thereof granted by
the Owner, then the Contractor does hereby agree as part of the consideration
for the awarding of this contract, the Owner may withhold permanently from
Contractor's total compensation, the sum of n„P Hundred
Dollars ($ Ion, on ), not as a penalty, but as liquidated damages for the
breach of the contract as herein set forth for each and every calendar day
that the Contractor shall be in default after the time stipulated for com-
pleting the work.
It is expressly understood and agreed, by and between Contractor and the
Owner, that the time for the completion of the work described herein is rea-
sonable time for the completion of the same, taking into consideration the
average climatic change and conditions and usual industrial conditions pre-
vailing in this locality.
The amount is fixed and agreed upon by 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 event sustain, and the
amount is agreed to be damages the Owner would sustain and shall be retained
by the Owner from current periodical estimates for payments or from final
payment.
It is further agreed and understood between the. Contractor and Owner that
time is of the essence of this contract.
59
34. TI24E AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein
specifically provided, that the Contractor shall be allowed to prosecute his
work at such time and sessions, in such order of precedence, and in such
manner as shall be most conductive to economy of construction; provided,
inowever, 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 contract, the plans and specifications, and within the time of completion
designated in the proposals; provided, also, that when the Owner is having
other work done, either by contract or by his own force, the Owner's Representa-
tive may direct the time and manner of constructing work done under this
contract so that conflicts will be avoided and the construction of the various
works being done for the Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested
by the Owner's Representative, schedules which shall show the order in which
the Contractor proposes to carry on the work, with dates at which the Contractor
will start the several parts of the work, and estimated dates of completion of
the several parts.
35. EXTENSION OF TIME
The Contractor agrees that he has submitted his proposal in full recog-
nition 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 not be entitled to, nor
will he request, an extension of time on this contract, except when his work
has been delayed by an act or neglect of the Owner, Owner's Representative,
employees of the Owner or other contractors employed by the Owner, or by
changes ordered in the work, or by strike, walk -outs, acts of God or the
public enemy, fire or flood. The Contractor may apply in writing for an
extension of time, submitting therewith all written justification as may be
required by Owner's Representative for such an extension as requested by
Contractor. The Owner's Representative within ten (10) days after receipt of
a written request for an extension of time by the Contractor supported by 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 disagreement shall be settled by arbitration as hereinafter provided.
36. HINDRANCE AND DELAYS
In executing the contract agreement, the Contractor agrees that in under-
taking 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 delays in securing material or workmen or
otherwise. No 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 by order 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 caused by such stoppage
shall be paid by Owner to Contractor.
k 4.
37. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the
actual measured or computed length, area, solid contents, number and weight
only shall be considered, unless otherwise specifically provided.
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 to show clearly all work to be done and
material to be furnished hereunder. Where the estimated quantities are shown
for the various classes of work to be done and material to be furnished under
this contract, they are approximate and are to be used only as a basis for
estimating the probable cost of the work and for comparing their proposals
offered for the work. It is understood and agreed that the actual amount of
work to be done and the materials to be furnished under this contract may
differ somewhat from these estimates, and that where the basis for payment
under this contract is the unit price method, payment shall be for the actual
amount of work done and materials furnished on the project.
38. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the adjacent or adjoining
property or properties in any way encountered, which may be injured or seriously
affected by any process of construction to be undertaken under this agreement,
from any damage or injury by reason of said .process of construction; and he
shall be liable for any and all claims for such damage on account of his
failure to fully protect all adjacent property. The Contractor agrees to
indemnify, save and hold harmless the Owner against any claim or claims for
damages due to any injury to any adjacent or adjoining property, arising or
growing out of the performance of this contract, but such indemnity shall not
apply to any claim of any kind arising out of the existence or character of
the work.
39. PRICE FOR WORK
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 with the specifi-
cations and stipulations herein contained, the Owner agrees to pay the Contractor
the price set forth in the proposal attached hereto, which has been made 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, for all expenses incurred by him and for well and truly performing_
the same and the whole thereof in the manner and according to,this agreement,
the attached specifications, plans, contract documents and requirements of
Owner's Representative.
40. -PAYMENTS
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 progress 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 satisfy Owner, by affidavit
p
r
or otherwise, that there are no outstanding liens against Owner's premises by
reason of any 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.
41. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to
Owner's Representative an application for partial payment. Owner's Representa-
tive 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 including the last day of
the preceding month; said statement shall also include the value of all sound
materials delivered 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 10% 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 reasonable and equitable portion of the retained percentage due Contractor.
42. FINAL COMPLETION AND ACCEPTANCE
Within. thirty-one (31) days after the Contractor has given the Owner's
Representative written notice that the work has been completed or substantially
completed, the Owner's Representative and the Owner shall inspect the work and
within said time, if the work be found to be completed or substantially com-
pleted 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. FINAL PAYMENT
Upon the issuance of the certificate of completion, the Owner's Repre-
sentative shall proceed -to make final measurement and prepare a final state-
ment 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 agreement,
provided he*has fully performed his contractual obligations under the terms of
this contract; and said payment shall become due in any event upon said per-
formance by the Contractor. Neither the certificate of acceptance nor the
final payment, nor any provisions in the contract documents shall relieve the
Contractor of the obligation for fulfillment of any warranty which may be
4 F`
required in the special conditions (if any) of this contract or required in
the specifications made a part of this contract.
44. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK
Contractor shall promptly remove from Owner's premises all materials con-
demned 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 with 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 Con-
tractor's expense.
45. CORRECTION OF WORK AFTER FINAL PAYMENT
Neither the final payment nor certificate nor any provision in this
contract shall relieve the Contractor of responsibility for faulty materials
or workmanship, and he shall remedy any defects due thereto and pay for any
damage to other work resulting therefrom, which shall appear within a period
of one (1) year from the date of substantial completion. The Owner or the
Owner's Representative shall give notice of observed defects with reasonable
promptness.
46. PAYMENT WITHHELD
The Owner may, on account of subsequently discovered evidence, withhold
or nullify the whole or part of any certificate to such extent as may be
necessary to protect himself from loss on account of:
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence indicating possible filing
of claims.
(c) Failure of the Contractor to make payments promptly to subcontractors
or for material or labor.
(d) Damage to another contractor.
When the above grounds are removed, or the Contractor provides a surety
bond satisfactory to the Owner, which will protect the Owner in the amount
withheld, payment shall be made for amounts withheld because of them.
rol"' ("I'll
47. TIME OF FILING CLAIMS
It is further agreed by both parties hereto that all questions of dispute
or adjustment presented by the Contractor shall be in writing and filed with
the Owner's Representative within fifteen (15) days .after the Owner's Repre-
sentative has given any directions, order or instruction to which the Contractor
desires to take exception. The Owner's Representative shall reply to such
.written exceptions by the Contractor and render his final decision in writing.
In case the Contractor should appeal from the decision of the Owner's Repre-
sentative, any demand for arbitration shall be filed with the Owner's Repre-
sentative and the Owner in writing within ten (10) days after the date of
delivery 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 contract documents.
48. ARBITRATION
All questions of dispute under this agreement shall be submitted to arbi-
tration at the request of either party to the dispute. The parties may agree
upon one arbitrator, otherwise, there shall be three; one named in writing by
each party and the third chosen by the two arbiters selected; or if the arbiters
fail to select a third within ten (10) days, he shall be .chosen by the District
Judge, 72nd Judicial District of Texas. Each arbiter shall be a resident of
the City of Lubbock. Should the party demanding arbitration fail to name an
arbiter within ten (10) days of the demand, his right to arbitrate shall
lapse, and the decision of the Owner's Representative shall be final 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 Parte 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 (10) days from date of the award by the arbiters, and it is
hereby agreed that each party shall have the right of appeal and all proceedings
shall be according to and governed by Arbitration Statutes of Texas, being
Article 224, et seq., Vernon's Annotated Civil Statutes. THE DECISION OF THE
ARBITERS UPON ANY QUESTION SUB14ITTED TO ARBITRATION UNDER THIS CONTRACT SHALL
BE A CONDITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION.
The arbiters, if they deem the case demands it, are authorized to award
the party whose contention is sustained, such sums as they deem proper for the
time, expense and trouble incident to the appeal, and if the appeal was taken
without reasonable cause;' they may award damages for any delay occasioned
thereby. The arbiters shall fix their own compensation, unless otherwise pro-
vided by agreement, and shall assess the costs and charges of the arbitration
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 proceedings or'
award.
Y I.
49. ABANDONMENT BY CONTRACTOR
In case the Contractor should abandon and fail or refuse to resume work
within ten (10) days after written notification from the Owner or the 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 to the Contractor.
After receiving said notice of abandonment, the Contractor shall not
remove from the work any machinery, equipment, tools, materials or supplies
then on the job, but the, same, together with any materials and equipment under
the contract for work, may be held for use on the work by the Owner or the
Surety of the Contractor, or another contractor, in completion of the work;
and the Contractor shall not receive any rental or credit therefore (except
when used in connection with Extra Work, where credit shall be allowed as
provided for under paragraph 24 of this contract); it being understood that
the use of such equipment and materials will ultimately reduce the cost to
complete the work and be reflected in the final settlement.
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 completion of the work in either
of the following elective manners:
(a) The Owner may employ such force of men and use of machinery,
equipment, tools, materials and supplies as said Owner may deem necessary
to complete the work and charge the expense of such labor, machinery,
equipment, tools, materials and supplies to said Contractor, and the
expense so charged shall be deducted and paid by the Owner out of such
moneys as may be due, or that may thereafter at any time become due to
the Contractor under and by virtue of this Agreement. In case such
expense is less than the sum which would have been payable under this
contract, if the same had been completed by the Contractor, then said
Contractor shall receive the difference. In case such expense is greater
than the sum which would have been payable under this contract, if the
same had been completed by said Contractor, then the Contractor and/or
his Surety shall pay the amount of such excess to the Owner; or
(b) The Owner, under sealed bids, after notice published as required
by law, at least twice in a newspaper having a general circulation in the
County of -location of the work, may let the contract for the completion
of the work under substantially the same terms and conditions which are
provided in this contract. In case of any increase in cost to the Owner
under the new contract as compared to what would have been the cost under
this contract, such increase shall be charged to the Contractor and the
Surety shall be and remain bound therefore. However, should the cost to
complete any such new contract prove to be less than that which would
have been the cost to complete the work under this contract, the Con-
tractor or his Surety shall be credited therewith.
1
When the work shall have been substantially completed, the Con-
tractor and his Surety shall be so notified and certificates of completion
and acceptance, as provided in paragraph 42 hereinabove set forth, shall
be issued. A complete itemized statement of the contract accounts,
certified to be the Owner's Representative as being correct shall then be
prepared and -delivered -to Contractor and his 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 45 days after the date of
certificate of completion.
In the event the statement of accounts shows that the cost to com-
plete 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, equip-
ment, tools, materials or supplies left on the site of the work shall be
turned over to the Contractor and/or his Surety. Should the cost to
complete the work exceed the contract price, and the Contractor and/or
his Surety fail to pay the amount due the Owner within the time designated
hereinabove, and there remains any machinery, equipment, tools, materials
or supplies on the site of the work, notice thereof, together with an
itemized list of such equipment and materials shall be mailed to the
Contractor and his Surety at the respective addresses designated in this
contract; provided, however, that actual written notice given in any
manner will satisfy this condition. After mailing, or other giving of
such notice, such property shall be held at the risk of the Contractor
and his Surety subject only to the duty of the Owner to exercise ordinary
care to protect such property. After fifteen (15) days from the date of
said notice the Owner may sell such machinery, equipment, tools; materials
or supplies and apply the net sum derived from such sale to the credit of
the Contractor and his Surety. Such sale may made at either public or
private sale, with or without notice, as the Owner may elect. The Owner
shall release any machinery, equipment, tools, materials, or supplies
which remain on the jobsite and belong to persons other than the Con-
tractor or his Surety,.to their proper owners.
50. ABANDONMENT BY OWNER
In case the Owner shall fail to comply with the terms of this contract,
and should fail or refuse to comply with said terms within ten (10) days after
written notification by the Contractor, then the Contractor may suspend or
wholly abandon the work, and may remove therefrom all machinery, tools, and
equipment, and all materials on the ground that have not been included in
payments to the Contractor and have not been incorporated into the work.
Thereupon, 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 by said Contractor at the prices stated in the attached
proposal, the value of all partially completed work at a fair and equitable
price, and the amount of all Extra Work performed at the prices agreed upon,
or,provided for by the terms of this contract, and a reasonable sum to cover
the cost of any provisions made by the Contractor to carry the whole work to
completion, and which cannot be utilized. The Owner's Representative shall
then make a final statement of the balance due the Contractor by deducting
from the above estimate all previous payments by the Owner and all other sums
that may be retained by the Owner under the terms of this Agreement, and shall
certify same to the.Owner who shall pay to the Contractor on or before thirty
(30) days after the date of the notification by the Contractor the balance
shown by said final statement as due the Contractor, under the terms of this
Agreement.
51. BONDS
The successful bidder shall be required to furnish a performance bond and
payment bond in accordance with Article 5160, Vernon's Annotated Civil Statutes
in the amount of 100% of the total contract price, in the event said contract
price exceeds $25,000.00. If the contract price does not exceed $25,000.00,
the statutory bonds will not be required. All bonds, if required, shall be
submitted on forms supplied by the Owner, and executed by an approved Surety
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 fur-
nished.
52. SPECIAL CONDITIONS_
In the event special conditions are contained herein as part of the con-
tract documents and said special conditions conflict with any of the general
conditions contained in this contract, then in such event the special conditions
shall control.
53. LOSSES FROM NATURAL CAUSES
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 work, shall be sustained and borne by the Contractor at his
own cost and expense.
54. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor, with full,
complete and exclusive power and authority to direct, supervise, and control
his own employees and to determine the method of the performance of the work
covered hereby. The fact that the Owner or Owner's Representative shall have
the right to observe Contractor's work during his performance and to carry out
the other prerogatives 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.
55. CLEANING UP
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 broom clean or its equivalent. The work shall be
left in good order and condition. In case of dispute Owner may remove the
debris and charge the cost to the Contractor.
56. DAVIS-BACON ACT REGULATIONS
Federal Minimum Wages
Applicable to all Construction Contracts over $2000.00 funded by General
Revenue Sharing.
(1) Minimum wages. (i) All mechanics and laborers employed or working
upon the site of the work, or under the United States Housing Act of 1937 or
under the Housing Act of 1949 in the construction or development of the project,
will be paid unconditionally and not less often than once a week, and without
subsequent deduction or rebate on any account (except such payroll deductions
as are permitted by regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR Part 3)), the full amounts due at time of payment computed
at wage rates not less than those contained in the wage determination decision
of the Secretary of Labor which is attached hereto and made a part hereof,
regardless of any contractual relationship which may be alleged to exist
between the contractor and such laborers and mechanics; and the wage determination
decision shall be posted by the contractor at the site of the work in a prominent
place where it can be easily seen by the workers. For the purpose of this
clause, contributions made or costs reasonably anticipated under section
l(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered
wages paid to such laborers or mechanics, subject to the provisions of 29 CFR
5.5(a)(1)(iv). Also for the purpose of this clause, regular contributions
made or costs incurred for more than a weekly period under plans, funds, or
programs, but covering the particular weekly period, are deemed to be construc
tively made or incurred during such weekly period.
(ii) The contracting officer shall require that any class of laborers or
mechanics, including apprentices and trainees, which is not listed in the wage
determination and which is to be employed under the contract, shall be classified
or reclassified conformably to the wage determination and a report of the
action taken shall be sent by the Federal agency to the Secretary of Labor.
In the event the interested parties cannot agree on' 'the proper classification.
or reclassification of a particular class of laborers and mechanics, including
apprentices and trainees, to be used, the question accompanied by the recom-
mendation of the contracting officer shall be referred to the Secretary for
final determination.
(iii) The contracting officer shall require, whenever the minimum wage
rate prescribed in the contract for a class of laborers or mechanics includes
a fringe benefit which is not expressed as an hourly wage rate and the contractor
is obligated to pay cash equivalent of such a fringe benefit, an hourly cash
equivalent thereof to be established. In the event the interested parties
cannot agree upon a cash equivalent of the fringe benefit, the question,
accompanied by the recommendation of the contracting officer, shall be re-
ferred to the Secretary of Labor for determination.
(iv) If the contractor does not make payments to a trustee or other
third person, he may consider as part of the wages of any laborer or mechanic
the amount of any costs reasonably anticipated in providing benefits under a
plan or program of a type expressly listed in the wage determination decision
5a
of the Secretary of Labor which is a part of this contract: Provided, however,
the Secretary of Labor has found upon the written request of the contractor,
that the applicable standards of the Davis -Bacon Act have been met. The
Secretary of Labor may require the contractor to set aside in a separate
account assets for the meeting of obligations under the plan or program.
(2) Withholding. The City of Lubbock may withhold or cause to be withheld
from the contractor so much of the accrued payments or advances as may be con-
sidered necessary to pay laborers and mechanics, including apprentices and
trainees, employed by the contractor or any subcontractor on the work the full
amount of wages required by the contract. In the event of failure to pay any
laborer or mechanic, including any apprentice or trainee, employed or working
on''the site of the work or under the United States Housing Act of 1937 or
under the Housing Act of 1949 in the construction or development of the project,
all or part of the wages required by the contract, the City of Lubbock may,
after written notice to the contractor, sponsor, applicant, or owner, take
such action as may be necessary to cause the suspension of any further payment,
advance, or guarantee of funds until such violations have ceased.
(3) Payrolls and basic records. (i) Payrolls and basic records relating
thereto will be maintained during the course of the work and preserved for a
period of three years thereafter for all laborers and mechanics working at the
site of the work, or under the United States Housing Act of 1937, or under the
Housing Act of 1949, in the construction or development of the project. Such
records will contain the name and address of each such employee, his correct
classification, rates of pay (including rates of contributions or costs anti-
cipated of the types described in section l(b)(2) of the Davis -Bacon Act),
daily and weekly number of hours worked; deductions made and actual wages
paid. Whenever the Secretary of Labor has found under 29 CFR .5. 5 (a) (1) (iv)
that the.wages of any laborer or mechanic include the amount of any costs rea-
sonably anticipated in providing benefits under a plan or program described in
section l(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain
records which show that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible, and that the plan or pro-
gram has been communicated in writing to the laborers or mechanics affected
and records -which show the costs anticipated or the actual cost incurred'in
providing such benefits.
(ii) The contractor will submit weekly a copy of all payrolls to the
City of Lubbock if the agency is a party to the contract, but if the agency is
not, such a party, the contractor will submit the payrolls to the applicant,
spnsor, or owner, as the case may be, for the transmission to the City of
Lubbock. The copy shall be accompanied by a statement signed -by the employer
or his agent indicating that the payrolls are correct and complete, that the
wage rates contained therein are not less than those determined by the Secretary
of "Labor and that the classifications set forth for each laborer or mechanic
conform with the work he performed. A submission of a "Weekly Statement of
Compliance" which is required under this contract and the Copeland regulations
of ;the Secretary of Labor (29 CFR, Part 3) and the filing with the initial
payroll or any subsequent payroll of a copy of any findings by .the Secretary
of ;Labor under 29 CFR 5.5(a)(1)(iv) shall satisfy this requirement. The prime
contractor shall be responsible for the submission of copies of payrolls of
all subcontractors. The contractor will make the records required under the
labor standards clauses of the contract available for inspection by authorized
representatives of the City of Lubbock and the Department of Labor, and will
permit such representatives to interview employees during working hours on the
W
job. Contractors employing apprentices or trainees under approved programs
shall include a notation of the first weekly certified payrolls submitted to
the contracting agencies that their employment is pursuant to an approved pro-
gram and shall identify the program.
(4) Apprentices and trainees. (i) Apprentices. Apprentices will be
permitted to work at less than the predetermined rate for the work they per-
formed when they are employed and individually registered in a bona fide
apprenticeship program registered with the U.S..Department of Labor, Employment
and Training Administration, Bureau of Apprenticeship and Training, or with a State
Apprenticeship Agency recognized by the Bureau, or if a person is employed in
his first 90 days of probationary employment as an apprentice in such an
apprenticeship program, who is not individually registered in the program, but
who has been certified by the Bureau of Apprenticeship and Training or a State
Apprenticeship Agency (where appropriate) to be eligible for probationary
employment as an apprentice. The allowable ratio of apprentices to journeymen
inlany craft classification shall not be greater than the ratio permitted to
the contractor as to his entire work force under the registered program. Any
employee listed on a payroll at an apprentice wage rate, who is not a trainee
aslidefined in subdivision (ii) of this subparagraph or is not registered or
otherwise employed as stated above, shall be paid the wage rate determined by
the, Secretary of Labor for the classification of work he actually performed.
The contractor or subcontractor will be required to furnish to the contracting
officer or a representative of the Wage -Hour Division of the U.S. Department'
of ;Labor written evidence of the registration of his program and apprentices
as 'well as the appropriate ratios and wage rates (expressed in percentages of
the journeyman hourly rates), for the area of construction prior to using any
apprentices on the contract work. The wage rate paid apprentices shall be not
less than the appropriate percentage of the journeyman's rate contained in the
applicable wage determination.
(ii) Trainees. Except as provided in 29 CFR 5.15 trainees will not be
permitted to work at less than the predetermined rate for the work performed
unless they are employed pursuant to and individually registered in a program
which has received prior approval, evidenced by formal certification, by the
U.S. Department of Labor, Employment and Training Administration, Bureau of
Apprenticeship and Training. The ratio of trainees to journeymen shall not be
greater than permitted under the plan approved by the Bureau of Apprenticeship
and Training. Every trainee must be paid at not less than the rate specified
in ;the approved program for his level of progress. Any employee listed on the
payroll at a trainee rate who is not registered and participating in a training
Plan approved by the Bureau of Apprenticeship and Training shall be paid not
lesIs than the wage rate determined by the Secretary of Labor for the classification
of work he actually performed. The contractor or subcontractor will be required
tofurnish the contracting officer or a representative of the Wage -Hour Division
of the U.S. Department of_Labor-written evidence of the certification of his
program, the registration of the trainees, and the ratios and wage rates
prescribed in that program. In the event the Bureau of Apprenticeship and
Training withdraws approval of a training program, the contractor will no
longer be permitted to utilize trainees at less than the applicable predeter-
mined rate for the work performed until an acceptable program is approved.
id
59
(iii) Equal employment opportunity: The utilization of apprentices,
trainees and journeymen under this part shall be in conformity with the equal
employment opportunity requirements of Executive Order 11246, as amended, and
29 CFR Part 30.
(5) Compliance with Copeland Regulations (29 CFR Part 3). The contractor
shall comply with the Copeland Regulations (29 CFR Part 3) of the Secretary of
Labor which are herein incorporated by reference.
(6) Subcontracts. The contractor will insert in any subcontracts the
clauses contained in 29 CFR 5.5(a)(1) through (5) and (7) and such other
clauses as the City of Lubbock may by appropriate instructions require, and
also a clause requiring the subcontractors to include these clauses in any
lower tier subcontracts which they may enter into, together with a clause re-
quiring this insertion in any further subcontracts that may in turn be made.
(7) Contract termination; debarment. A breach of clauses (1) through
(6) may be grounds for termination of the contract, and for debarment as pro-
vided in 29 CFR 5.6.
ADDITIONAL PROVISIONS INCLUDED ARE:
(1) Overtime requirements. No contractor or subcontractor contracting
for any part of the contract work which may require or involve the employment
of laborers or mechanics shall require or permit -any laborer or mechanic in
any workweek in which he is employed on such work to work in excess of eight
hours in any calendar day or in excess of forty hours in such workweek unless
such laborer or mechanic received compensation at a rate not less than one and
one-half times his basic rate of pay for all hours worked in excess of eight
hours in any calendar day or in excess of forty hours in such workweek, as the
case may be.
(2) Violation; liability for unpaid wages; liquidated damages. In the
event of any violation of the clause set forth in subparagraph (1), the con-.
tractor and any subcontractor responsible therefor shall be liable to any
affected employee for his unpaid wages. In addition, such contractor or
subcontractor shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such District
or to such territory), for liquidated damages. Such liquidated damages shall
be computed with respect to each individual laborer or mechanic employed in
violation of the clause set for in subparagraph (1), in the sum of $10 for
each calendar day on which such employee was required or permitted to work in
excess of eight hours or in excess of the standard workweek of forty hours
without payment of the overtime wages required by the clause set forth in sub-
paragraph (1).
Applicable to all contracts in excess of $10,000.00
(3) Withholding.for unpaid wages and liquidated damages. The City of
Lubbock may withhold or cause to be withheld, from any moneys payable on
account of work performed by the contractor or subcontractor, such sums as may
administratively be determined to be necessary to satisfy any liabilities of
such contractor or subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in subparagraph (2).
(4) Subcontracts. The contractor shall insert in any subcontracts the
clauses set forth in subparagraphs (1), (2), and (3) of this paragraph and
also a clause requiring the subcontractors to include these clauses in any
lower tier subcontracts which they may enter into, together with a clause
requiring this insertion in any further subcontracts that may in turn be made.
} xr
SPECIFICATIONS (TO BE PROVIDED BY ENGINEERS)
} ry
SPECIFICATIONS
MATERIALS SECURITY SYSTEM
LUBBOCK CITY -COUNTY LIBRARY
The following are minimum specifications for a materials security system for
the Godeke Branch of the Lubbock City -County Library, to be of the same type
and quality as the 3M Model 1850 Tattle -Tape Book Detection System, or approved
equal.
I. General
System vendors will provide written evidence of the extent to which
their system is subject to false alarms. The Lubbock City -County Library reserves
the right to reject those systems which have a higher incidence of false alarms
than others. In addition, vendors will provide evidence that their system will
not damage or erase magnetic tapes.
The entire system (including gates) shall be designed to meet
state and local fire codes, and shall be U.L. listed. All electronics in the
system shall be solid state and shall operate from a primary power source
of 110V to 120V, 60 Hz, three -wire grounded, single phase, using less than .
160 watts during the alarm cycle and less than 50 watts during normal interro-
gation or waiting periods.
All metal surfaces used in either entrance or exit gates or sensing
screens is to.be either chrome or brushed aluminum or, if painted, to have
primer and two coats of enamel based paint. The color of such paint shall be
subject to approval by the Director of the Library and be based on samples
submitted by the vendor.
All simulated wood surfaces in sensing screens or other hardware is
to be formica surfaced, and the style of that formica is to be subject to the
approval of the Library Director based on samples submitted by the vendor.
} �Y
Page 2
W
All plastic used in screens or elsewhere is to be high impact and
scuff resistant.
All hardware shall be aesthetically compatible with the decor of the
Godeke Library and be subject to the discretion of the Library Director based
upon pictures of system component, to be submitted with vendor's bid.
II. Specific
A. Material sensing equipment.
The system shall use an electromagnetic transponder detection
principle (or approved equal) to control the passage of sensitized library
materials through the inspection area, or detection device. When sensitized
library materials are detected, an audible alarm shall sound and the exit gate
shall lock temporarily to detain the exiting patron. The detection device shall
interrogate or "look" for library materials only when activitated by exiting
patrons. It shall not be constantly interrogating.
Both detector post and sensing unit shall be floor mounted,
forming an exit corridor no less than 32" wide. The sensing area shall be a
minimum of 60" measured from the floor. System electronics shall be housed out
of sight, and there shall be no exposed wiring.
B. Entrance/Exit gates._
These will remain closed, normally, but not locked; when opened,
they will swing gently back to normal closed position. Exit gate will have
adjustable tension clutch to enable it to be opened manually (if locked)
without breaking internal parts. The exit gate shall be equipped with an
automatic timing mechanism which locks the gate for a predetermined interval
when the system detects unauthorized exit. The gate shall unlock when the
automatic time delay has used up the preset number of seconds, or when the
circulation desk personnel reset the control panel. Gates shall remain
unlocked in the event of power failure. Exterior side of exit gate to be
Page 3
ka
labelled "exit, no entrance", interior side of entrance gate to be labelled
"entrance, no exit". Gates shall allow free access to persons on crutches
and in wheelchairs, with no special entrance or exit facilities required.
Exit gate shall be equipped with patron counter.
C. Operator control unit will include at a minimum:
1. Power on/off switch.
2. Power on indicator light.
3. Alarm indicator light; release and re -set control buttons.
4. Audible alarm volumn control.
D. . Electrical Supply
Vendor's bid shall include all costs to excavate the terminal
end of an electrical conduit placed in the floor near the entrance/exit during
building construction. The end of this conduit is presently covered with
grouting and carpet, and shall be uncovered to provide an electrical outlet
for the security system electronics. Vendor's bid shall also include all
costs for wiring the conduit to provide electricity to the outlet..
E. Sensitizer -desensitizer units.
Vendor's bid shall include the cost of four sensitizer -
desensitizer units, to be of the. same type, dimensions and quality as the
3M Model 950 sensitizer -desensitizer, or approved equal. These units shall
be portable, and shall be able to sensitize and desensitize books in rapid
succession without a "waiting time" between operations. These units shall
feature an open sensitizing -desensitizing area, so as not to limit any book
or library material on the basis of size.
F. Detector strips.
The vendor's bid shall include the complete cost..for sufficient
strips, tabs or labels to completely protect 40,000 items. These strips shall
be, one-piece, flexible, thin, non -rusting metallic alloy which are coated with
Page 4
an adhesive film. Strips shall be completely concealable, and not dependent
on "cover -tip" items such as book pockets, etc. Strips must activate the book
detection system presently in use at the Mahon Library. Final approval as to
the type of protective labels to be used is subject to the approval of the
Director of the Library and be based upon samples of recommended material
submitted with vendor's bid. Note: the Library reserves the right to reject
the bid of any vendor whose type and method of detector materials (i.e., strips,
tabs, or labels) is deemed to be inadequate to protect the resources of the
Library or is incompatible with the Library's present book processing technique
in the opinion of the Library administration.
G. The successful bidder shall supply and install all hardware com-
ponents of the system. Installation shall be by factory trained and qualified
service personnel.
H. System shall be delivered and set up to operate within 45 days
of notice to proceed.
I. Training of key personnel, as designated by the Library, in the
operation of the system will be provided by the vendor in two separate train-
ing sessions. 'At least one operators manual and at least one parts manual
will be provided.
J. Service for the first year of operation of the system shall be
provided by the vendor and evidence of such is to be included in the vendors
bid by the submission of an all-inclusive first year warranty covering all
equipment components and labor charges.
K. . Bidders will submit evidence of locally available service for
the system. "Local" is assumed to mean within one day maximum response time.
L. Vendors bid is to include all costs necessary to make the
system operational.
BOOKCHECK
.CIRCULATION j
AREA
[a
SCALE: 114 IN. = 1 FT.
'it
_ P .r-
59
NOTICE OF ACCEPTANCE
n
NOTICE OF ACCEPTANCE
TO: —Minnesota Mining & Manufacturing Company
(Name of Bidder)
3M Center Security Systems 223-3N
(Address of Bidder)
St. Paul, MN 55144
(City and State of Bidder)
The City of Lubbock, having considered the proposals submitted and opened
on the 29 day of June , 19 81 , for work to be done and
materials to be furnished in and for:
Materials Security System at the Godeke Branch Library
as set forth in detail in the Specifications, Plans, and Contract Documents
for such work for the City of Lubbock; it appearing that your proposal is
fair, equitable and to the best interest of said City, please take notice that
said proposal was accepted by the City Council of the City of Lubbock on the
g day of July , 1981 , at the bid price contained
therein, subject to the execution of and furnishing 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 (5%) per cent 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 Representative
re
ADVERTISEMENT FOR BIDS
(TO BE PUBLISHED IN NEWSPAPER AND NOT INCLUDED IN CONTRACT DOCUMENTS)
r
ADVERTISEMENT FOR BIDS
Sealed proposals addressed to Floyd P. Nesbitt, Director of Purchasing,
City of Lubbock, Texas, will be received at the office of the Director of Pur-
chasing, 916 Texas Avenue, Lubbock, Texas, until 4 o'clock_M.
on the 29 th day of June , 19 81 , to furnish
all labor and materials and perform all work for the construction of the
following described project:
Materials Security System at the Godeke Branch Library.
After the expiration of the time and date above first written said sealed
proposals will be opened by the Director of Purchasing at his office and
publicly read aloud.
The plans, specifications, proposal forms and contract documents may be
examined at the office of the Director of Purchasing for the City of Lubbock,
Texas.
The above described project will be paid for in part or in whole from the
General Revenue Sharing program and the contract for this project must comply
with the provisions of the Davis -Bacon Act which requires the payment of
federal minimum wages.
CITY OF LUBBOCK
BY:
Floyd itt,
Director of Purchasing