HomeMy WebLinkAboutResolution - 5098 - Contract-Hydrochem Industrial Services-Chemical Cleaning Of Boiler #2, LP&L HP - 02_08_1996Resolution No. 5098
February 8, 1996
Item #27
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 and all related documents by and
between the City of Lubbock and Hydrochem Industrial Services, of Deer Park, Texas, to furnish
and install all services and materials as bid for the Chemical Cleaning of Boiler No. 2 at Lubbock
Power and Light Holly Plant for the City of Lubbock, which contract is attached hereto, 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 3asarffi—oTmsif fully copied herein in detail.
Passed by the City Council this 8
ATTEST:
0
Betty M. Johnso , City Secretary
APPROVED AS TO CONTENT:
�e
Victor Kilman, Purchasing Manager
APPROVED AS TO FORM:
G. Vandiver, First
Assistant City Attorney
dp\cc docs\hyro.res
January 30, 1996
Resolution #5098 Feb. 8, 1996
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CITY OF LUBBOCK
INVITATION TO BID
FOR
TITLE: CHEMICAL CLEANING OF BOILER NO.2
AT LUBBOCK POWER & LIGHT HOLLY PLANT
ADDRESS: LUBBOCK, TEXAS
BID NUMBER: 13483
PROJECT NUMBER: 7313.8281
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
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INDEX
1. NOTICE TO BIDDERS
2. GENERAL INSTRUCTIONS TO BIDDERS
3. BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS
4. PAYMENT BOND
S. PERFORMANCE BOND
6. CERTIFICATE OF INSURANCE
7. CONTRACT
8. GENERAL CONDITIONS OF THE AGREEMENT
9. CURRENT WAGE DETERMINATIONS
10. SPECIFICATIONS
11. SPECIAL CONDITION
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NOTICE TO BIDDERS
BID #13483
Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the
r" Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until 2:00 o'clock p.m. on the
30th day of January, 1996, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials
1. and perform all work for the construction of the following described project:
r "CHEMICAL CLEANING OF BOILER NO.2 AT LUBBOCK POWER & LIGHT HOLLY PLANT"
After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing
Manager and publicly read aloud.
It is the sole responsibility of the bidder to insure that his bid is actually in the office of the Purchasing Manager for the City
of Lubbock, prior to the expiration of the date above first written.
The City of Lubbock will consider the bids on the 8th day of February.1996, at the Municipal Building,1625 13th Street,
Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any
formalities. The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government
Code, in the amount of 100% of the total contract price in the event that said contract price exceed., $ 100,000 and the successful
bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 1001/o of
the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company
carrying a current Best Rating of B or superior• as the rating of the bond company is a factor that will be considered in determination
of the lowest responsible bidder.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check
issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the
order of the City of Lubbock in an amount not less than five percent (51/o) 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 ten (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. There will be a pre -bid conference on 24th day of Januarv1996, at 11:00
o'clock a.m., in the Purchasing Conference Room, L-04, Lubbock, Texas.
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the
contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to
in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the
requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as
heretofore established by owner in said wage scale.
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The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement,
minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will
not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award.
The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid
openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible
format or if you require assistance, please contact the City of Lubbock Human Relations Office at (806) 767-2281at least 48 hours in
advance of the meeting.
1
ITY OF LUBB K
VICTOR KILMAN
PURCHASING AG
Bid documents may be obtained upon request from the Purchasing Department at 1625 13th Street,
Room L-04, Lubbock, Texas 79401; Telephone (806)767-2167/Fax (806)767-2164.
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GENERAL INSTRUCTIONS TO BIDDERS
GENERAL INSTRUCTIONS TO BIDDERS
1. SCOPE OF WORK
The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this
project in accordance with contract documents for the CHEMICAL CLEANING OF BOILER NO.2 AT LUBBOCK
POWER & LIGHT HOLLY PLANT.
2. CONTRACT DOCUMENTS
All work covered by this contract shall be done in accordance with contract documents described in the General Conditions.
All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction
of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents.
3. PLANS FOR USE BY BIDDERS
4.
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 of
forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders.
No bidder shall request any information verbally. All written requests for additional information or clarification concerning
this bid must be addressed to:
RON SHUFFIELD
SENIOR BUYER
CITY OF LUBBOCK
P.O. BOX 2000
LUBBOCK, TX 79457
FAX (806)767-2164
5. T1ME AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed within 7 SEVE consecutive 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.
6. PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract
documents.
7. AFFIDAVITS OF BILLS 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.
8. MATERIALS AND WORKMANSHIP
The intent of these contract documents is that only materials and workmanship 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 incorporated into the
project. The presence or absence of a representative of the City on the 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.
, GUARANTEES
All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials
and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general 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).
10. PLANS FOR THE CONTRACTOR
The contractor will be furnished one set of plans and 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.
11. PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies,
machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the
work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its
certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract
has been awarded, to require of a bidder the following information:
(a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended
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.
12. 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.
13. PROTECTION OF SUBSURFACE LINES AND STRUCTURES
It shall be the Contractor's responsibility to prosecute the work contemplated 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 furnish 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
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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,
r., at Contractor's expense.
14. BARRICADES AND SAFETY MEASURES
The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take
such other precautionary measures for the protection of persons, property and the work as may be necessary. The
Contractor will be held responsible 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 Contractot'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.
15. 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.
16. 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.
17. INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General
Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory
to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will
be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the
insurer waiving the right to subrogation.
The insurance certificates furnished shall name the City as an additional insured and shall further state that all
subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from the
Contractor to the effect that no work on this particular project shall be subcontracted.
is. LABOR AND WORKING HOURS
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these
contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of
general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the
requirements of Article 5159a, Vcmon's Annotated Civil Statutes providing for the payment of the wage schedules above
mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem
wages in these contract documents does not release the Contractor from compliance with any wage law that may be
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applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays
unless the following conditions exist:
(1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its
citizens.
(2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the
penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract
within the allotted time.
Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the
Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and
obtain written permission from the Owner's Representative to do such work The final decision on whether to allow
construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative.
In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract
which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day
of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life.
19. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS
The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this
contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than
once each week The Contractor and each of his subcontractors engaged at the site of the work shall not later than the
seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible
copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each
day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates
or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The
Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate
of per diem wages, which schedule is included in the contract documents.
The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each
laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is
paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per
diem wages included in these contract documents.
20. PROVISIONS CONCERNING ESCALATION CLAUSES
Bids 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.
21. PREPARATION FOR BID
The bidder shall submit his bid 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 intends to do the work contemplated or furnish the
materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy
between the price written in words and the price written in figures, the price written in words shall govern. If the bid is
submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm,
association, or partnership, the name and address of each member must be given and the bid signed by a member of the
firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the
company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent.
Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted
with the bid. The bid shall be executed in ink.
Each bid shalt be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside
of the envelope in the following manner:
(a) Biddees name
(b) Bid for (description of the project).
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Bid submittals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no bid may
be withdrawn or altered thereafter.
22. 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.
c.
(b) General Instructions to Bidders.
�.F (c) Bidder's Submittal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
(f) General Conditions.
` (g) Special Conditions (if any).
L (h) Specifications.
(i) Insurance Certificates.
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.
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No Text
BID SUBMITTAL
LUMP SUM BID CONTRACT
PLACE: Deer Park., TPvaS
DATE: January 29,, 1996
PROJECT NUMBER: BID #13483 - CHEMICAL CLEANING OF BOILER NO.2 AT LUBBOCK POWER & LIGHT
HOLLY PLANT
Bid of HydroChem Industrial Services. Inc. (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 Chemical -Cleaning of
Boiler No. 2 at Lubbock Power & Light Holly Plant,
having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract
documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the
intended project including the availability of materials and labor, hereby intends 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 required under the contract documents.
MATERIALS: Twenty Thousand Four Hundred Seventy -Two and 52/100 (S 20,472.52 )
SERVICES: Fifty Three Thousand Seven Hundred Sixty -Four 55/100 (S 53,764.55 )
TOTAL BID: Seventy Four Thousand Two Hundred Thirty -Seven 07/100 (S 74,237.07 )
(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 7 SEVE 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
$500.00 (FIVE HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth hereinabove for
completion of this project, all as more fully set forth in the general conditions of the contract documents.
Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction
number 21 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the
scheduled closing time for receiving bids.
F
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans,
specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or
before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in
r the contract documents.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified
check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to
the order of the City of Lubbock in an amount not less than five percent (5% ) of the total amount of the bid submitted as a guarantee
that bidder will enter into a contract and execute all necessary bonds (if required) within ten (10) days after notice of award of the
contract to him
Enclosed with this bid is a Cashier's Check or Certified Check for Dollars
(S ) or a Bid Bond in the sum of Four Thousand Dollars ($ 4.000.00 ), which it is
r' agreed shall be collected and retained by the Owner as liquidated damages in the event the bid 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 bid; otherwise, said check or bond shall be returned to the
r 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.
(Seal if Bidder is a Corporation)
ATTEST:
7
AuthorizeMignattke
GregorX G. Rice
(Printed or Typed Name)
HvdroChem Industrial Services. Inc.
Company
P. 0. Box 820
Address
Deer Park Harris
City, County
Texas _, 77536
State Zip Code
Telephone: ( 713 ) 4 7 9- 8 4 3 6
Fax Number: ( 71,g_ ) h 7 9 -R 9 R2
F
10PODOM
�I, SERVICE CONTRACT
HydroChem Industrial Services, Inc. (HYDROCHEM) agrees to sell
CITY OF LUBBOCK. TEXAS
FM
1625 13th STRFEr ROOM I —04 1 11BROCK TEXAS ?9401
Street Cary State Z p Code
hereinafter called "Customer", and Customer agrees to purchase from HYDROCHEM goods and services herein described as:
r CHEMICAL CLEANING OF BOILER NO. 2 AT LUBBOCK POWER & LIGHT HOLLY PLANT.
7BID #13483. PROJECT NUMBER: 7313:8281
+ "according to the terms and conditions printed on the front and reverse side hereof.
❑ PRICE QUOTATION: (Final billing is net. Prices are firm for 60 $ 74, 237.07
days from date of offer.)
❑ PRICE ESTIMATE: (Final billing will be determined on the basis of actual
materials, time, labor and equipment used. Should more or less materials,
time, labor or equipment be required than were taken into consideration
in preparing the estimate, the net charges will be increased or decreased
I accordingly.)
F
Cl PREMIUM TIME: (Additional charge to be added to the Price Quotation
or Estimate for service performed on a weekend or holiday.)
$ 15.00/MAN/HOUR
SLATON HIGHWAY LUBBOCK, TEXAS
PLANT LOCATION
ESTIMATED DATE OF SERVICE
DISPOSAL
LATE FEBRUARY, 1996
BUYER'S RESPONSIBILITY
OTHER CONDITIONS SEE ATTACHED LETTER FOR DETAILS
This offer to contract is revocable by notice to Customer at any time prior to receipt by HYDROCHEM of Customer's acceptance, and
ioid if not accepted within 30 days.
DATE EXECUTED
TtCustomer CITY OF LUBBOCK, TEXAS
By
Indicate individual to contact
if other than signer
Signature
Please type or print signature as above
19 DATE EXECUTED
JANUARY 29, 1996 19
HYDROwHEM JND31SZRIAL_ SERVICES, INC.
By
sl nature
NICK BOTCH Jai. Ci
Please type or print signature as above
Address BOX 820 DEER PARK, TX 77536
•W, Vj•I ff.* •k7e
F. HCIS - 960 (04/95)
S = , rT SC 1550
HydPoCheffiTm
INDUSTRIAL SERVICES, INC.
HydroChem Industrial Services, Inc. (HYDROCHEM) agrees to sell
SERVICE CONTRA
CITY OF LUBBOCK, TEXAS
Name
162513th STREET, ROOM L-04 1 1IRROCK TEXAS Z94Q1
Street City State Zip Code
�-hereinafter called `Customer", and Customer agrees to purchase from HYDROCHEM goods and services herein described as:
1 CHEMICAL CLEANING OF BOILER NO. 2 AT LUBBOCK POWER & LIGHT HOLLY PLANT.
BID #13483. PROJECT NUMBER: 731
according to the terms and conditions printed on the front and reverse side hereof.
❑ PRICE QUOTATION: (Final billing is net. Prices are firm for 60 $ 74,237.07
days from date of offer.)
❑ PRICE ESTIMATE: (Final billing will be determined on the basis of actual
materials, time, labor and equipment used. Should more or less materials,
time, labor or equipment be required than were taken into consideration
in preparing the estimate, the net charges will be increased or decreased
7 accordingly.)
❑ PREMIUM TIME: (Additional charge to be added to the Price Quotation
or Estimate for service performed on a weekend or holiday.)
I
$ 15.00/MAN/HOUR
SLATON HIGHWAY LUBBOCK, TEXAS
PLANT LOCATION
ESTIMATED DATE OF SERVICE
LATE FEBRUARY, 1996
DISPOSAL
BUYER'S RESPONSIBILITY
OTHER CONDITIONS SEE ATTACHED LETTER FOR DETAILS
,This offer to contract is revocable by notice to Customer at any time prior to receipt by HYDROCHEM of Customer's acceptance, and
void if not accepted within 30 days. JANUARY 29, 1996
DATE EXECUTED 1.9 DATE EXECUTED 19
7 Customer CITY OF LUBBOCK, TEXAS
T
By
1 I , Indicate individual to contact
H other than signer
Signature
Please type or print signature as above
HYDROCHEM)NDUST.RIAL SERVICES, INC.
By
t NICK BOTCH J�ature
Please type or print signature as above
Address BOX 620 DEER PARK, TX 77536
CUSTOMER FILE COPY SC 1 r r o
HCIS - 960 (04/95) -J ."
F
�' HydPochem TM
( .., INDUSTRIAL SERVICES, INC.
January 29, 1996
City of Lubbock
Purchasing Department
Municipal Building
1625 13th Street, Room L-04
Lubbock, Texas 79401
Attention: Victor Kilman
Purchasing Manager
RE: Bid No. 13483
Project No. 7313.8281
Chemical Cleaning of Boiler No.2 at Holly Plant
Gentlemen:
HydroChem Industrial Services is pleased to respond to the above
referenced bid.
PRICE QUOTATION:
Materials..............................$209472.52
Services ................................ $53,764.55
Total ............. $74,237.07
Included in the Price Quotation for Boiler No. 2 are:
CHEMICALS:
Sufficient sodium bromate and associated chemicals to remove
100 pounds of copper in the first stage and sufficient
tetraammonium EDTA and associated chemicals to remove 2.2%
iron and 250 pounds of copper in the second and third stages.
P.O. Box 820
Deer Park,Texas 77536
(713) 479-8436
Fax: (713) 479-8982
t.
r
Page 2
City of Lubbock
No. 2 Boiler
We also plan to have on hand sufficient chemicals to remove an
additional 0.5% iron and 100 pounds of copper during the
second and third stages. In fact we plan on bring to the site
a total of 52,000 pounds of EDTA, which will be an additional
5730 pounds over the base and extra requested in the bid.
There will be no extra charges for transportation of the
excess EDTA but there will be a 12% restock charge on any of
the 8995 pounds of EDTA requested to be on site, but not used.
There will be no restock charge on the additional 5730 pounds.
Charges for additional chemicals will be as listed on the
attached rate sheet.
EQUIPMENT & PERSONNEL:
(Based on 82 service hours)
Chemical transports
;.
Injection and mixing pumps
Boiler circulating pump (0 - 700gpm)
r-
Reversing manifold
Mobile lab with AA unit for metals testing
f
Blending manifold for bromate stage
2" diaphragm pump
Surface pyrometer
I
f
chemical hoses, tools and fittings
Flowmeter
r
Air filter/rotometer combination
t
Hydrogen peroxide pump & equipment
Service Supervisor/12 hour shift
Chemist/12 hour shift
Equipment Technician/12 hour shift
I
NOTE: If the actual service time should vary from the estimated
82 service hours the charge for the above listed
equipment and personnel will be at rates listed in the
attached rate sheet.
MISCELLANEOUS:
1. Mobilization/demobilization charges for all the HydroChem
equipment and personnel from Deer Park to Lubbock.
F
F
Page 3
City of Lubbock
._ No. 2 Boiler
2. Four (4) 20,000 gallon frac tanks to be used to hold the waste
prior to disposal. Tank charges are for delivery, pickup and
for fourteen (14) days on site.
3. Disposal of 62,000 gallons of Class I Non -Hazardous waste
solution at a licensed disposal site.
4. Hauling of the waste chemical solutions and flushes from the
Holly Plant to the disposal sit. We estimate 13 loads will be
required to haul the estimated 62,000 gallons of waste.
5. Analysis of each neutralization waste tank, immediately after
the work is completed, for twenty-six elements and compounds
so the waste can be classified before disposal.
6. A final report detailing the composite drain sample and
indicating amounts of deposits removed.
EXCEPTION/ADDITIONS TO GENERAL CONDITIONS:
After review by the HydroChem legal department the following
two (2) exceptions/additions are taken to the City of Lubbock
General Conditions of the Agreement.
Item 24. Extra Work
Delete Method (C)
Add Item 56. Consequential Damages
Please add:
Neither contractor nor owner shall be liable to the other
for any special incidental, indirect, punitive or
consequential damage including but not limited to loss of
use of assets or loss of revenues or profits.
INSURANCE:
Upon award of this work HydroChem will provide, as it has in
the past, City of Lubbock a Certificate of Insurance that will
17 meet or exceed the requested requirements.
Page 4
City of Lubbock
No. 2 Boiler
The greatest resource of HydroChem is our large staff of well
trained, experienced, technical personnel. When millions of dollars
worth of equipment are entrusted to a cleaning service, the very
best personnel are required. Field experience and laboratory
research has enabled HydroChem to develop the commonly accepted
techniques used in industrial equipment cleaning. For over fifty-
five years, we have been continuously dedicated to providing
efficient, safe and economical solutions to industrial cleaning
problems.
Safety is a primary concern at HydroChem; its aspect is pre-
engineered into every job. Our strict safety measures assures you
of maximum protection for your personnel and equipment. You should
be aware that chemical cleaning of the boiler presents potential
hazards of varying degrees to your employees and equipment.
HydroChem will assist you in identifying these hazards and in
taking proper precautions to prevent an accident. HydroChem is very
proud of its safety record and we appreciate your cooperation in
helping us maintain these high standards while giving you the best
possible service the industry has to offer. Before the start of any
job, the Service Supervisor will go through a detailed tailgate
safety meeting with HydroChem and City of Lubbock personnel. This
meeting is held to familiarize everyone with existing hazards and
safety procedures that will be followed during the execution of the
job.
Upon award of this work we will supply to you the forms entitled
Material Safety Data Sheet. This form is a compilation of
information about the HydroChem products we plan to use in the
performance of our work for you. We supply these first, because we
are concerned about the safety of your employees. Second, we are
concerned about the protection of our environment and finally, we
are interested in helping you discharge your responsibilities to
your employees and to regulatory
agencies.
J, We appreciate this opportunity for submitting this pricing
d information and look forward to working with you on this project.
If you should have any questions, comments or need further
information please contact us.
May we have your order?
Sincerely,
Nick Botch Jr.
Sales Engineer
R
F
Y
HONDO TM
INDUSTRIAL SERVICES, INC.
RATE SHEET
CITY OF LUBBOCK
HOLLY PLANT BOILER NO. 2
CHEMICALS:
sodium bromate ..............................$
ammonium bicarbonate ........................$
aqua ammonia(29.4%)........................$
sodium sulfite ..............................$
EDTA........................................ $
corrosion inhibitor .........................$
hydrogen peroxide (35%).....................$
surface active anti -foam.............. ...... $
EQUIPMENT & PERSONNEL:
4.00/lb
0.80/lb
1.40/gal
0.57/lb
0.68/lb
28.50/gal
5.31/gal
48.00/gal
chemical transports (2).....................$ 25.00/hr/ea
injection & mix pumps.......................No Charge
boiler circulating pump.... ...... $ 20.00/hr
mobile laboratory ..... ..... ___ ...........$ 22.00/hr
frac tanks(4) .............. .... ............$ 28.00/day/ea
service supervisor .......... ........... .....$ 45.00/hr
Chemist........... ..........................$ 45.00/hr
Equipment Technician........... .............$ 30.00Jhr
Per Diem (Beyond 4 days on site) ........ ....$475.00/day
DISPOSAL:
Class I Non-Haz waste ................ ..$ 0.20/gal
5000 gal load of waste to disposal site ..... $975.00/load
If the waste solutions prove to be hazardous the following
rates will apply:
Disposal charge .............................$ 0.38/gal
Profiling fee ...............................$ 450.00
Hauling charge..............................$2,700.00/ld
OTHER:
Additional load of chemicals, if required,
from Deer Park to Lubbock ...................$3,025.00/ld
71,
r
AMWEST SURETY
INSURANCE COMPANY
WOODLAND HILLS, CALIFORNIA
Know all men by these presents:
N/A
BOND NO.:
PREMIUM:
BID DATE: 1/30/96
PUBLIC WORKS BID BOND
That we, HydroChem Industrial Services, Inc.
r (hereinafter called Principal), as Principal, and AMWEST SURETY INSURANCE COMPANY, a corporation (hereinafter called Surety),
organized and existing under the laws of the State of California and authorized to transact a general surety business in the State of
Texas , as Surety, are held and firmly bound unto City of Lubbock, Texas
F(hereinafter called Obligee) in the penal sum of Five--- percent (_5 %) of the bid amount, but in no event to exceed
Four Thousand and No/100------------------------- Dollars($ 41000.00--- )
for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, whereas the Principal has
r submitted or is about to submit a proposal to the Obligee on a contract for Chemical Cleaning of Boiler No. 2
1.
at Lubbock Power & Light Holly Plant, Project No. 13483
NOW, THEREFORE, if the contract is awarded to the Principal and the Principal has within such time as may be specified, entered
into the contract in writing, and provided a bond, with surety acceptable to the Obligee for the faithful performance of the contract; or
R the Principal shall fail to do so, pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in
the bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by the
bid, then this obligation shall be void; otherwise to remain in full force and effect.
SIGNED, SEALED AND DATED THIS 30th DAY OF January 19 96
F
HydroChpnfj*du try al SghvicVs, Inc.
Lor a name of P napal)
1
P Y
gnxxue of Principal)
oava�rfo "° S Co ad, Assistant Treasurer
41P4,;,10 ) i
� AMWEST SURETY INSURANCE COMPANY
By:
mes W. Baug m Attomey-in-Fact
1,17
A UN-A3017 (3190) f)
n,
gill IMI IN M I'l 11 11 1 Jill 11
manRATION DATE 6-18-96 p°"0000488392
READ CAREFULLY
This document is printed on white paper containing the artificial watermarked logo ( A ) of Amwest Surety insurance Company (the "Compann an the front
�+ and brown security paper on the back. Only unaltered originals of the POA are valid. This POA may not be used in conjunction with any other POA. No
r' n presentations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of California and is only valid until
the expiration date.
KNOW ALL BY TEIESE PRESENT, that Amwest Surety insurance Company, a California corporation (the "Company"), does hereby make,
constitute and appoint:
THOMAS L. NYGREN
d JAMES W. BAUGHMAN
TIMOTHY L. KELLY
VIM HEATH
J. DOUGLAS BURNHAM
AS EMPLOYEES OF ALEXANDER & ALEXANDER OF TEXAS
its true and lawful Attorney -in -fact, with limited power and authority for and on behalf of the affix the seal of the company
thereto if a seal is required on bonds, undertakings, recognmAnces, reinsurance agreement for a Act or other written obligations in
the nature thereof as follow:
Bid Bonds up to S"11,000,0W.00
License & Permit Bonds up to 5"•2,000,000.00
Miscellaneous Bonds up to $'•2,000,000.00
limall Business Administration Guaranteed Bonds up to S••2,0W,000.00
Contract (Performance d& Payments Court, Subdivision $••2,M,000.00 It
and to bind the company thereby. This appointment is made under and by I o e By_ . ,f� Cenq �, yhich are now in full force and effecL
i L the undersigned secretary of Amwest Surety insurance Company. a lifarnia�wrporatidn, HEREBY'L�$TIFY that this Power of Attorney mains in full
ford and effect and has not boxy revoked and fiuthcrmore, that 'ons of the rd of for forth on this Power of Attorney, and that the relevant
provisions of the By -Laws of the Company, are now in full f� J L`
Basin No. N �A Signed & sealed this 3 yof d ua,496 JC/.
Karen G. Cohen, Secretary
+IE B B +IF B UTTIONBO F DIRECTORS +IE B #E +IE B +IE B
This POA is signed and sealed by facsimile by a auth of folio lotions adopted by the Board of Directors of Amwest Surety insurance
Company at a meeting duly held on Docca wIS, 19 :
RESOLVED, flat the Ptesideot or ice Prcsid ti- tZZ—tary or any Assistant Secretuy, may appoint attorneys -in -fact or agents with
authority as defined or limited in the ' d the a auruech case, for and on behalf of the Company, to oorxurte and deliver and affix the seal
of the Company to bonds, p ob of all kinds; and said officers may remove any such attorney -in -fact or agent and
revoke any POA previously
RESOLVED FUR bond, g, rao , or suretyship obligation shall be valid and bind upon the Company.
(i) when signed by the or any sot an and sealed (if a seal be required) by arty Secretary or Assistant Socrc ,, or
(si) when signed by the Presi or ice 'dent or Assistant Secretary, and countersigned and sealed (if a seat be required) by a duly
authorized attorney -in -fact or
(iii) when duly rrxectrted and seal be by one or more attorneys -in -fact or agents pursuant to and within the limits of the autlwrity evidenced
J by the power of attom to Compan such person or persona.
RESOLVED FURTHER, tha tune of any authorized officer and the seal of the Company may be affixed by faairdle to any POA or certification
thereof authorizing the exoxutirm livery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal
when so used &hall have chic same force and effect as though manually affixed.
IN W]TNESS WHEREOF, Amwest Surety Insurance Company has caused these presents to be signed by its proper officers, &mi its corporate sea
l to be hereumto
affixed this ld day of January, 1993. to
0� �wrfd•/ 1 /�/ . (�A�
John E. Savage, dent KamG. Cohen,
State of California
County of Los Angela
On January 1, 1993 before me, Peggy B. Lm*um Notary Public, personally appeared John E. Savage and Karen G. Cohen, personally known. to me (or proved to
me on the basis of satisfactory evidence) to be the persons) whose namc(s) Ware subscribed to the within instrument and acknowledged to me all that Wishehhey
executed the same in hiaiherAheir authorized eapacity(ia), and that by hilAcrhheir aigaature(s) on the instrument the pm*s), or the entity upon behalf of which the
person(s) acted, executed the it strmnent OFFICIAL 8FJ11
VATNESS hand and official mi. PE66Y A aWMAL
����nrnnuurr,�1.S.
�Nl` 1NSIJ f*" MOtt2ry PtJISiIC-COfifomia
f. . 4y '%
�`JQ R'�n"fl �'� % Signature (Seal) LOS AfQ6�ii3 COUNTY
0 A'Y : Q? o z c .Lofton, NoAary Ott p
1976 : ate:
.... m.. »...........
1.
2.
3.
4.
S.
6.
7.
S.
9.
10.
LIST OF SUBCONTRACTORS
Minority Owned
Yes No
Paul Musslewhite Trucking 0
Pool Company ❑
❑ ❑
0 ❑
❑ ❑
❑ ❑
0 ❑
❑ ❑
0 ❑
T,
PAYMENT BOND
BOND CHECK
BEST RATING
LICENS 1 TEXAS f�y�".�---
DAT � Y Z
I
BOND f1296857
STATZTPORY PAYNU21U BOND PURSUANT To ARTICLE 5160
l� OF TIM REVISED CIVIL STATUTES OF TEXAS
AS AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION,
1959
HydroChem Industrial Services, Inc.
KNOW ALL MEN BY TIMSE PRESENTS, that ftminaitrr called the Principal(s), as
Prinrapal(s), and
Amwest Surety Insurance Company
(iureir a r called the Sumty(s), as Surcty(s). are held and firmly bound unto the City of Lubbock 0mvinafter called the Obligee), in
the amount of *cFF ,gFr OW* Dollars ($74 , 20U -07 ) lawful money of the United States for the
payment whc=f. the said Principal and Surety bind themselves, and their heirs, adrnini=torr, executors, successors and assigns,
jointly and severally, Errnly by these presents
WHEREAS. the Principal has entered into a certain written contract with the Obligee, dated the 19 day of
r February ,19 96,ta perform chemical cleaning of Boiler No. 2
t at Lubbock Power & Light Holly Plant
and said Principal made r the law is required bcf= con nu=ng the worst provided for in said contract to ex=tte a bond in the
amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at
Itngth herein.
t•
NOW, THERF.FORH. THE CONDITION OF THIS OBLIGATION IS SUCK that if the said Principal sball pay all
claimants sapptying labor and material to him or a subcontractor' in the prosecution of the worst provided for in said contract. then,
this obligation shall be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisionu of Article 5160 of the Revised Civil Statutes
of Texas as amended by Acts of the 56th Legislature, Regular Sessioa, 1959, and all liabilities on this bond shall be determined in
accordance with the provisions of said Article to the same extent as if it were copied at length heron.
IN- WETNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument, this 19 day of
February 192L—.
Amwest Surety Insurance Company
Sumly
r•Hy: OZ�.
Cr# Attorney-i n- ct
HydroCneei Industrial _Services, Inc.
Principal
aw W
By: 1"�
itle) ��-55c s�f�Ji TILCr� sci•{c;c—
ay:
(Title)
(Title}
*Seventy Four Thousand Two Hundred Thirty Seven Dollars and Seven Cents.
,;
Ric �.�ewaieped surety comfy �resents that It is drily qualiSod to do business in Texas, and hereby deai��
an agent resident is Lubbock County to whom any requisite notices may be delivered and on whom savic
of pr=u may be had in matters arising out of such rnzgship.
AMWEST SURETY INSURANCE CO.
Surety
•By. w/.3
116044{ . .t P �, & F4
Appravcd:as to form:
:City of bock
atterney
s Note: If signed by an officer of the Surety Compmry there must be on file a eerti5ai odract from the by-laws zhovring that this
perroa has authority to sign such obligation. If deed by an Attorney in Fact, we must have copy of power of attomey for our files.
0
R
R
F
sXPmATION DATE 6-18-96
1111�:: ':
READ CAREFULLY
This document is printed on white paper containing the artificial watermarked logo ( A ) of Amwcst Surety Insurance Corrgrany (the "Company) on the front
1 and brown security paper on the back. Only unaltered originals of the POA are valid. This POA may not be used in conjunction with any other POA. No
representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of California and is only valid until
the expiration date.
KNOW ALL BY THESE PRESENT, that Amwcst Surety Insurance Company, a California corporation
constitute and appoint:
THOMAS L. NYGREN
JAMES W. BAUGHMAN
TIMOTHY L. KELLY
VICKI HEATH
J. DOUGLAS BURNHAM
AS EMPLOYEES OF ALEXANDER & AEXANDER OF TEXAS
make,
its true and lawful Attorney -in -fact, with limited power and authority for and on behalf of the ex le d affix the seal of the company
thereto if a seal is requited on bonds, undertakings, rrcognizances, reinsurance agreement fora Act or or other written obligations in
the nature thereof as follow: �y
Bid Bonds nap to t Bonds up to 00
License &Permit Bonds nap to S*•1,000,000.00
Miscellaneous Bonds up to $"1,000,000.00
Small Business Administration Guaranteed Bonds nap to S''1,000,000.00
Contract (Performance & PsymentX Court, Subdivision $•'2,500,000.00
and to bind the company thereby. 'Ibis appointment is made under and by
i, the undersigned secretary of Amwcst Surety Insurance Company, a
force and effect and has not been revoked and furthermore, that re thc�
provisions of the By -Laws of the Company, anow in full fom.�n
Bond No. 1796857 signed &. se4thisPig This POA u signed and sealed by facaimila urr e a
Company at a meeting duly held on Decem��A
RESOLVED, that the President or tee Presid
authority as defined or limited la the ' 'dencithe
re the Company to bonds, and
re�
voke say POA previomly tfian
RESOLVED FUR bond, ran
(i) when signed by the Pns or any ant an
(ii) when signed by the Presi ent or lice ident
authorized attorney -in -fact or
(iii) when duly executed and seal eaI be
are now in full force and effect.
lifom",-zarporatidm, lil'"MY41IFY that this Power of Attorney remains in full
301NOW of the $gprd of nforth on this Power of Attorney, and that the relevant
FCi �j)01
of err 1196 ---7^-
/ Karen G. Cohen, Secretary
�owff-ll BO F DIRECTORS rlE tlr * * * * *o lutiona adopted by the Board of Diroctors of Amwaat Surely Insurance
�action th Seecxetary or any Assiatant Secretary, may appoint attorneys -in -fact or agents with
eh case, for and on behalf of the Company, to execute and deliver and affix the seal
r ob of all kinds; and said officers may remove any such attomncy-in-fact or agent and
or suretyship obligation shall be valid and bind upon the Company:
land sealed (if a seal be required) by any Scmvtary or Assistant Secretary; or
�aiy or Assistant Secretary, and countersigned and sealed (if a oral be required) by a duly
one or more attomcys-in-fact or agents pursuant to and within the limits of the authority evidenced
by the power of attom the Company- o such parson or persons.
RESOLVED FURTHER, t%' Onaturc of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification
thereof authorizing the execution an delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal
when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, Amwcst Surety Insurance Company has caused these presents to be signed by its proper officers, and its corporate seal to be hereunto
affixed this 1st day of January, 1993.
John dent
John E. Savage,Cohen,
Karts G. Co S
�
State of California
County of Los Angeles
On January 1, 1993 before me, Peggy B. Lofton Notary Public, personally appeared John E. Savage and Karts G. Cohen, personally known to me (or proved to
me on the basis of satisfactory evidence) to be the pers0n(s) whose ame(s) is/art subscribed to the within instrument and acknowledged to me all that he/she/they
executed the same in hisler/their authorized cspacity(iea), and that by his/herhheir signature(s) on the instrument the perso 01 or the entity upon behalf of which the
person(s) acted, executed the instrument.
WIINESS hand and official seal.
OFFO L WAL
PE66Y S. LOFiONtNSUq�%�
q
QPOq Signature
(seal)
Notary Pubik-CaGtrnia
LOS
, Pu
Y e .LNotary
Mf
�W�E�
AN 28. 1995
PERFORMANCE BOND
7
r
r
is
BOND CHECK
BEST RATING
LICENSED IN TEXAS �
""0006BY
I
BOND 11296857
STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160
` OF THE REVISM CIVIL STATUIMS OF TEXAS AS
AN ETIDED BY
r" ACTS OF THE SCM LEGISLATURE, REGULAR SESSION 1959
KNOW ALL MEN BY THESE PRESENTS, that Hyd roChem�inafterrct�aed Services,hriincips(s) Inc.
Principal(s), and
Amwest Surety Insurance Company
(hereinafter called the Surrty(s), :s Surety(s), art held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in
the amount of *SEE REIM* Dollars (S14 , 23 .07 )lawful money of lhc'United States for the
payment whereof, the said Principal and Surety bind tbunstivcs, and their heirs, administzatom executors, successors and assigns,
jointly and severally, firmly by these presents.
WHEREAS, the Principal has cntcrod into a certain written contract with the Obligee, dated the _19. day of
February 19 9(j to perform chemical cleaning of Boiler No. 2
at Lubbock Power & Light Holly PLant
and said principal under the law is required before co:rrmencing the work provided for in said contract to execute a bond in the
amount of said contract which contract is hereby referred to and made a part hereof as fifl}y and to the came extent as if copied at
length herein.
NOW, THEREFORE, THE CONDITION OF THISOBLIGATION IS SUCH, that if the said Principal shall faithfuily
perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; od=wise
to renmin in full force and effect.
PROVIDED, HOWEVER, that this bond is c =Acd pum=t to the provisions of Article S 160 -of clue Revised Civil Statutes
of Texas as amended by Acts of the 56th Legislature, regular session 1959, and all liabilities an this bond than be determined in
accordance with the provisions of said article to the same extent as if it were copied at length herein.
rIN WI INESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrumaU this 1a day of
February ,1996 .
Amwest Surety Insurance Company
Surety
(Ti c) Attorney- n- ct
HydroChem Industrial Service!
Princi c .
BY
(ISLie) 4-el S�iZ % �Efi3c�2Est
By:
Critic)
(Title)
*Seventy Four Thousand. Two Hundred Thirty Seven Dollars and Seven Cents.
7 ,v_
Tic undersigned cnrety wmpazny represents that It is duly qualified to do business in Texas, WO hereby designates
Ric W. Stewart an agent resident in Lubbock County to whom any requisite notioes may be delivered and on who= se vie
of process may be had in matters arising out of such rzttyship.
Amer. cT SHRFTY TNDIISRANCE CO.
Surety
s By: t v
I Appsoved:as to form:
l City of Lubbock •
Ci �ttornry
• Note: If signed by an officer of the Surety Coznpany there must be on file a certified ==ct from the by-laws showing that this
person has authority to sign such obligation. If signed by an Ationzy in Fact, we must have copy of power of attomey for our file&
r
F
71
7 ,�-
7
it
CATION DATE
6-18-96 "0 NUMBER 0000488395
RFAD caREFvlLr
This document is printed on white paper containing the artificial watarmarked logo ( A ) of Amwest Surety Insurance Company (the "Company) on the fivnt
and brown security paper on the back. Only unaltered originals of the POA are valid. This POA may not be need in conjunction with any other POA. No
representations or warranties regarding this POA may be made by any permL This POA is governed by the laws of the State of Califomia and is only valid until
the expiration date.
KNOB! ALL BY THESE PRESENT, that Amwest Surety Insurance Company, a California corporation (the "Company', does hereby make,
constitute and appoint:
THOMAS L NYGREN
JAMES W. BAUGHMAN
TIMOTHY L KELLY
VICKI HEATH
J. DOUGLAS BURNHAM
AS EMPLOYEES OF ALEXANDER & ALEXANDER OF TEXAS
its tune and lawful Attorney -in -fact, with limited power and authority for and on behalf of thesure► rid affix The seal of the company
thereto if a ,cal is required on bonds, undertakings, recognizance,, reinsurance agreement for a Ivfil Act err d or other written obligations in
the wt rn thereof as follow:
Bid Bonds up to S•'1,000,000.00
License & Permit Bonds up to $'•1,000,000.00
Miscellaneous Bonds up to S••1,000,000.00
Small Business Administration Guaranteed Bonds up to $••1,000,000.00
Contract (Performance & Payment)6 Court, Subdivision $'*2,500,000.00
and to bind the company thereby. This appointment is made ender and by � o e By- f Cormpd�` jfiich are now in full force and effect. ,
I
I, the undersigned secretary of Amwest Surety hwvance Company, a Iifornis1orporati4'1
force and effect and has not been revoked and furthermore, that thlqZcwiuqons of the Lard of
provisions of the By -Laws of the Company, are now in full f� 74111
Bond No. 1 i9 fS R S7 Signed & sealed this ay of r
This POA is signed and sealed by facsimile m
Company at a meeting duly held on Decem
RESOLVED, that the President a
authority as defined or limited iniap
c�
of the Company to bonds, and g
revoke any POA previously gra
RESOLVED FUR bond,
(i) when signed by tlue Pros or any)
(ii) when signed by the Prat ent or
authorized attorney -in -fact or <
(iii) when duly executed and seal
% TIFY that thin Power of Attorney remains in full
forth on this Power of Attorney, and that the relevant
96
Karen G. Cohen, Secretary
F DIRECTORS ils * tit tit
d&*4&by the auth of IV folllotions adopted by the Board of Directors of Amwest Surety Insurance
15, 1
ice Ptesiden lion tZecretary or any Assistant Secretary, may appoint attorneys -in -fact or agents with
ljgevidene the a uitment�oh case, for and on behalf of the Company, to execute and deliver and affix the seal
lzan p ob of all kinds; and said offices may remove any such attorney -in -fact or agent and
or suretyship obligation shall be valid and bind upon the Company:
d and sealed (if a seal be required) by any Secretary or Assistant Sareta y; or
uy or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly
be Thy one or more attorneWin-fact or agents pursuant to and within the limits of the authority evidenced
by the power of attom Fd.fi�.'
heCompan such person or persons.
RESOLVED FURTHER, thcuof any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification
thereof authorizing the execution y of any bond, undertaking, recognizance, or other auetyahip obligations of the Company, and such signature and seal
when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, Amwest Surety huraance Company has caused these presents to be signed by its proper officers, and its corporate seal to be hereunto
». affixed this 1st day of January, 1993.
O� � .�a''csyc�►1. .�.'
John E. Savage, Presirdent Karen G. Cohen, Secretary
s State of California
j County of Los Angeles
On January 1, 1993 before me, Peggy B. Lofton Notary Public, personally appeared John E. Savage and Karen G. Cohen, personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(,) whose name(s) islare subseribcd to the within instrument and acknowledged to me all that helsholicy
executed the same in his/herhhcir authorized capacity(ies), and that by his/her/their signaturr(s) on the instrument the person(s), or the entity upon behalf of which the
per-son(s) acted, executed the instrument.
``��utuuttrlgr WITNESS hand and official seal. OFFICIAL 9FAL
�!�SUR,���, PEGGY B. LOFTON
•••PO �'' •'�~ L03 NoTANGOM COUNTY
J R p 0, t Signature
�
' y` i AY J r�0 0 e .Lofton, Notary ( 1} • My CocnffUdon E);*es
a AO2E, 1945
'a �r ii o == 1 i��? = iii ' i
r
r
CERTIFICATE OF INSURANCE
F
F
0E/19/98 EiON 13:21 FAX 713 839 9674 HYDRMIiEA, RUTILWAY -►+•+ LtSa k7JUU1
7 -
wM:r,wW➢pG�:rx,:C7Mr is - M'.r
rRaouco+
J�-INSON � HIGGINs aF TpVIS, INC.
14Db T1E A! I FN CNYTER, 333 CLAY ST.
I•{pU3TON, TEXAS 77QU2•d093
(713� 851-1900
,�w i9f fi♦':T. ,..iWE
' .
THIo CERT7FiCAT'E iS ISELIED AS A IJWTTEA QF tNFBilN710N
HpNIY AIaD CQNFERS NO :ildl-[TS uP6N T}!E CEH't1FiCATE
H04DEH TF6S CERTIFICATE DOES NQ7 Al1END, EXfEN1D OA
ALTER THE CClVERAOE AFFOFiC}£D ESY THE PCIUCES 8E'LOW.
GOMPI�II'fS AFFC�i]INH3 CCIVEAAQE
COMPANY
A RELIANCE NATIONAL INDEMNITY COMPANY
T. JON1ES
112914DODOO F7
muwFa
HYDROCHEM IMMSTRUIL SERVICES. INC.
COWANY
B NATIONAL UNION FIFE MURATICE CO.
6210 ROTHWAY, SUITE ISO
HOUSTON, TX 77C40
O0°c
C
C[11PANY
D
THIS tS TO comFY THAT THE Pou=3 OF MUWANCE Ll6M BELOW HAVE
INCAC4T®. NOTgITHSTARma AHY RMLIIR€MENT, TERM CIA CONDITION
ERTff7CAT CE MAY BE MUED OR MAY PERTAIN, THE MUPJi = AFFOfi
'gyp
BEEN MUM TO THE DMIREO ROAM ABOVE FOR TK9 POLICY PEl 100
OF ANY CONTRACT OR OTi M OOMNEY:NT rM PONVGT TO WHICH r IS
ED BY THE M IMS DESCRIBED HEREIN IS SUe lecT TO ALL T14E TERMS,
DCCLLKNOWS AND CONDITIONS OF SUCH POLMIES. LJl M SHOWN MAY WIVE
BEEN RMUCM BY PAID CI.AIY,1s.
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CERTIFICATE iIOLDER Jr. INCLLO D M OVAU-13111UAL INSIitU- (EXCEPT WC) AND
PROVIDED VITII A WAIVER OF SUBR=TICK AS REQUIRED HIT WRITTEN CONTRACT BUT LINITIM TO THE OPERATIONS OF rRE KWM INSI M.
CITY OF LUBSOCK
ATTN: L4S. CHRIS CHRIST IAN
1626 13TH STREET, ROOM L-04
SHOULD MY OF TIC ASM 000MOD rain OL CAN== UPOW 7M
MRPAYIDN DATE WOMW. THE NYYl M COSPARY WML OWAVDR 10 MAN.
JO _ Dana Mwi = WncE Ta TDE '(onvwATE NoUXot wmo To Tilt'. uwr,
WEIBOCIC TX 79401
W" ♦AILYwe TTs Nate awui 00ow so csuur4u ae uAmuTY
cw . itn AOEinb Cp WP4fflqMATlM
ko��?
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HOWARD WARSEN MARSH
MAR—OS-88 12%07 FROM:JOHNSON & HIGGINS
IDsS216BSS
PAGE 2/
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THIS cERTlF
ccATE Is I asuFD AS a MATTER of INFORMATic
JOHNSON & HIGGINS OF TEXAS, INC.
oNLY AND CONFERS NO RIGHTS UPON THE CERTIRCA'
28M POST OAK BLVD.. SUITE 3800
HOUSTON. TX 7706"100
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND �
ALTER THE COVERAGE AFFORDED BY THE POLICIES SELO
COMPANIES AFFORDING COVERAGE
(713) 621-97TT
COMPANY
A RELIANCE NATIONAL INDEMNITY COMPANY
D. HERNANDEZ
11291-00000 OCP
msl aw
CITY OF LUBBOCK
COWAW
g
ATTN: CHRIS CHRISTIAN
105 13TH STRFFT, ROOM 1_4d
LUBBOCK TX 79401
ODWAW
COWANY
a
lIg Eg�
TH;S IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN KWED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. N07Wf *k=ANDING ANY REQUIREMENT, TERM OR CONDMON OF ANY CONTRACT OR OTHER 0OCUMENT WITH RESPECT TO WK08 THIS
CERTWICAT'E MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CCN MONS OF SUCH POLICIES. L Wr S SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
co
LTR
TYPE OF DLSURAIME
PCLIC1r K==
POLGY EFFEGTIYE
DATE (I[MUDD M
POLICY EE7CPIAATION
DATE O KZD^
Lam
SCRERALLIABRM
GETIEPALAGOPSMATE
fs 750.0
PPDXJ= - 0OW10P AGOG
12
COWEAM&GENERAL LIAOUM
CLAD MALE O
PEIWONAL & ADV YJ.AIRY
S
X
FACHiOCCUFf%ENCE
s 750.01
A
oWNr VS&ccuTRAcmR-spAQT
NGCO127207-00
12/15195
12/15/96
FIRE omQ' E (Any ene are)
S
LIM DTP (Any 6m pence
S
AUTOMOBAE
LL49U V
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S
ffoolLYN
_
S
ALLOWNE D U1TCS
ISCHE37U=AUTOS
KRO AUTOS
NON-OWIMAUTM
80MYNAW
f2sra=kknoS
PFCPEATY DAMAGE
GARAGE LIASTLITY
AUTO &&Y - EA ACCOETJT
i
ANY ALM
OTHMTHANAUTOMY.
EACH ACCCE NT
9
occE:ss LEUI6ILTY
I FAwo=L;Rmuvcs
$
AGGREGATE
I
LAM FELLA FORA
s
eff"m Wm UTASpE..IA Fw u
WORKERS COMPERSATUMiAMD
STATUTORYLIMfT''
`aN `' ``<..x •::.:.
EMPLOYERS' LSASILISY
EACIi ACCtDENT
$
DSEASE - PC7t= L LUT
S
THE PFOPRIE- ow RVCL
P
DISEASE - EACH ELmayEE
S
OFFKZ;S ARE r EXCLI
OTHER
I
IBTIONOFOPERAMWS nrwTtQH&VU9CLZ3tSPECZALII> uS
I.E.w .,.,"REiZ,1. %' �� »n�otfn ��� x° I.MrtaeM
M v,ww. ,.. �� l"w a..,.. a»»a �� ea %�•#
CITY OF LUBBOCK
ATTN• MS. CHRIS CHRISTIAN
162513TH STREET, ROOM L-04
° M' OF TIRE ASOYE CMCsd&W POW= BE CAUCH11M lMAG The
EEVMTTON DATE Ti OW", THE it = Ma COUPANY WILL 0MCA•AM TO MAR
30 DATs WRITTEN MOT= TO TTC C OMnCATE HOLDER X=W TO THE LEZ'T,
LUBBOCK. TX 79401
E3ITt FAILURE TO OTuC Sw+LL NPOSrr NO OSLIG A OR LTAEd[LTIY
eLe D Tull RIP ii5 OR ATNE3.
NORiTED ATNE
. _._.���.. 1rx.1.Ll•�^T`f•OwatP1CW;Mw'^.'^. �YNiO.i[[.Gw nvr,.Yev1�S.ViLSSCR�'�4.YX4t3fMw!M!0�'MKT:I.....L_.....!.52F!iYb2419GC219Mt<4%41maPfOM'O».VTcnv,..
Y:e•.L1leu,v..v aeaeew.»%oe vwv.nv..: i.i i.................
��,yi.^•• �C�iir��'�% ��il'�iv�:e" - r _ .,, •:.e.:':i: -',•,M.•�:i::: �:i'.'. ',.^:, �•.; -s - .:
aww.C..'pojs■•�•i,M:~.�'�...
K lla iiie
.i'fiiiiiidl�,ifiidaadPa-ti►4dri�'{tl�.�To',m+�'�Stet��j .. .
- ilrXtf
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�Y,. j , • " i>rir`i?Frc!'uii6ig+ddnaf idiaiiaebor;:
ikC":••rt:w'7«"0'fs.h'7/L.-t^irT'.iiR.^off.: ••i: F"f:. �•, :1,�wa.�....�:. '. �..r �, ,
i Fe6enl WIMPAMMCMUMCOWANYANY
� . PBtdNCE� fArOQ4+ININ
$0342 . »' 11 37;55'
Johnsam -& Biggins of 'ILL, Ir
-1400 T'tzee - AU en . Chita'
333 Clay Street
fiougtcn, T.K.- 7.7002
IN RMRN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE W
YOU TO FKWIDETHE INSURANCE AS STATED IN THIS POLICY.
;Eid
NATION OF CONTRACTOR
ation ofContractorand MaJilrtBAddress A
ydroChanIn&MtrialSexvioes,ix�:.
6210 Rotl w , S i.te 150
Houston, TIC 77040
ION OFCOVERED OPERATIONS
er 42 at Lubb ck P war & Light Holly Plant
#13483
LIMITS OF INSURANCE
Aggregate Limit g 7'50, 000.
Ew-h Occurrence Umit ; 750, 000 _
BUSINESS OESCAiPTiOK
Form of Business:
0Individual 0Joint ftlure ppartnership®Organtmtion(Otherth,anPartnership orJoint Venture)
Business Dsscrfption•: BL i3&ng cLeaning & VAint-.enance amnjiees
PREMIUM
Rate per
Ctasstfication Code No. Premium Basis 51400 of Cost Advance Premium
Building Cleaning 77982 Incl. Incl. i 580.
and Ma=tenance Flat a=gS
services
Total Adyaace Premium ;
Premium shown is le •: S at ince lore: 1 of Annlyt • 3 2nd Annlversar
FORMS AND 119MR5EMENTS
Forms end E_ndomementa applying to this Coverage Pert and made part of this poiicy at time of issuet:
OG 0009(10/931, IL 0021(11/941, RZ�'00P00200(5/94), CG 2824(11/85), GG 2855(3/93)
Cauatersianed�'
By
'wry aptlaasl It ahomm to Common P01j0y10ect8rations• utrtoraed Raprssotrtatlre
♦forme and Endmemwm epptk=We to this Coverage Part cmMod If mh Mn alsewttie[e in UN OO W,
THMDEMARMONSAID'IHECOf,IMOn PCL= OMAR+KrtON."+.IE APPLrAOLF,TcaMERWliRIMc0MMM PQ oCMOtTioW.
caromEFOPMUMFOWMANDL;DMsE6tgi'S.IFAN7,fSaMTOFCFWAKRTTdgC-0F.CC RETETHEASMENUVaEREDPOUCI:
�••.,�..n....�wl»RAfi..1a,:d Ai111.fM1wM�•.:•.-AN&,-am „ ft#knww0zpfln 9*,wwdnhf Isfwram 9anfirwarftirG-16
-_TAL P.02
-----...--- -
Reliance Na#lanal Indemnity Company
A Reliance Group Holding Company Renewer of
Horne Office: Madfscn, WisconsinRenewer
Adminktrative Office: 77 Walter SIM, New York, NY 10t7(]@ NGC 0127207-00
COMMERCIAL LINES POLICY -
COMMON POLICY DECLARATIONS
Named Insured and P.O. Address Itdo., Street, Town, County, State, ZP) Agency Code, Name and Address
City of Lubbock 80342 PR 1-31-96
1625 13th St. Johnson & Higgins of 7X, Inc.
Lubbock, TX 79401 1400 Three A.Uen Center
333 Clay St.
fkuston, 7K 77002
Policy Period: From 12- 7 5-95 Tn: 12-15-96
at 1201 A.M.. Standard Time at your mailing aWrom shown above.
Bossiness Description:
IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH
YOU TO PACMDE THE iNSURANM AS STATED IN 71-1115 POLICY.
THS POLICY CONSISTS OF THE FOLLOWNG COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM
MAY BE SUBJECT TO ADJUSTMENT.
PREMIUM,
Ccmrnrercial Property Part $
Commercial General LWAIty Coverage Pert $
Commercial Crime Coverage Pert 6
Commwdal Inland Marine Coverage Part $
Commercial AutornabHe ODverage Part $
Cwwxs and Contractors Protective Liability :overage Part 6 500.
S
$
TOTAL $ 500-
€ Prernium shown is payable, $ W Inception: 6 1st Anniversary; S cnd Anniversary
€ Form(s) and Endomemerr*) made a part of hits policy at 11ma of Issue*:
* Omits applicabis Farms and Endorsements If shown In specific Coverage PFrt/Coverage Form Declarations.
IN W I"NESS YMEREOF, the Company has caused this policy t3 be executed atrld attestad, and, tf required by irtate law, this policy
shalt nbt be wJid union ceunisrsigned by a duty authorized representaltm of the company.
44A. Wsaa.-� d "
Secaatary Pre dent
nCountersigned by Authwhmd PepresentEtj Dose
t THESE DECLARAUXIS TDGJ IJO WMi THE COMMON POLICY CONW1ONS, COVER405 PART DEMARAMNS. COVEMOE PART COnRAGE FORM(M
AND FORAMS AVC ENDORSEMENT, IF ANY. ISSUED TO FORM A PART THEFEOF. COMPLETE THE ABOVE NUMaERED POLICY.
Includes ccpyrtpMsd mattrtat et Insumnoe Serviow Otfleeog. be. with tie permission. Copvftta. 1n"runm aierelcaz 011k t, Inc. IBM, 1084
RN Oa P002 00 0594
TOTAL P.01
01/29/96 MON 11:37 FAX 713 939 7674 HYDROCEEM ROTHWAY
f-o-. DES
r
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�,�esaacl�iA�Bwlaac. �d�+�macserga�ra� ts�ctti'med��dd��biddoaamors9:�ahet�,ea
bra�a�E4bri�aK3ao0acidr. �Fb�•�Ca�9r3rrl�asaor9�t�gsbeCsiya�
I.I t�abi �R�i�ls a�drlxmlI afa�di ardb�ir �5dr
lmt�Cnymdtlit�gageifibc dcCm�adi�bdfpaapasal,
Q. XAI M
30WSOJ[ 6 MX*M 4F T s WC.
illJduessF airaaC �t8�+o F4sl 41�' $Y.�II- r SnI."TS$0�
�r R4ue"fl UDDVM TX M-%
-PSM OL-.,'TdsW&oeep. ( 713 1 621-9777
Imo. I I5-96
cmr*ACM-SlfAm RMMDCBM MMTRM STgy'xm, 'Imc.
[1darrsw)
l lCM-9 6210 AY.. SUM M
BOUS'tl Z$ 77" W
d6. timlc c Z,rpv P, is twat ffitiu�t tt� rrY! 1�+ r�joa 6,vs �1 rad �rwasd Arc ad�trs!
dLwea r�C t`. $lie asiq cattae�ni.dmm ,@a� ml"vlcmcomtw*fieT SO oil
auva
°a1
.Hoa3 6i a Lt as-sL-Nwr
F
7,
7
CONTRACTOR CHECKLIST
A CONTRACTOR SHALL:
(1) provide coverage for its employees providing services on a project, for the duration of the project based on proper
reporting of classification codes and payroll amounts and filling of any coverage agreements;
(2) provide a certificate of overage showing workers' compensation overage to the governmental entity prior to
beginning work on the project;
(3) provide the governmental entity, prior to the end of the overage period, a new certificate of coverage showing
extension of coverage, if the overage period shown on the contractor's current certificate of overage ends during
the duration of the project;
(4) obtain from each person providing services on a project, and provide to the governmental entity:
(A) a certificate of overage, prior to that person beginning work on the project, so the governmental entity
will have on file certificates of overage showing overage for all persons providing services on the
project; and
(B) no later than seven days after receipt by the contractor, a new certificate of overage showing extension of
overage, if the overage period shown on the current certificate of overage ends during the duration of
the project;
(5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter,
(6) notify the governmental entity in writing by certified mail or personal delivery, -tzthin 10 days after the contractor
knew or should have known, of any change that materially affects the provision of coverage of any person
providing services on the project;
(7) post a notice on each project site informing all persons providing services on the project that they are required to be
covered, and stating how a person may verify current overage and report failure to provide coverage. This notice
does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be
printed in at least 19 point normal type, and shall be in both English and Spanish and any other language common
to the worker population. The text for the notices shall be the following text provided by the commission on the
a sample notice, without any additional words or changes:
F
7
REQUIRED WORKERS' COMPENSATION COVERAGE
'The law requires that each person working on this site or providing services related to this construction project must
(see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering
equipment and materials, or providing labor or transportation or other service related to the project, regardless of the
identity of their employer or status as an employee."
"Call the Texas Workers' Compensation Commission at S 12-440-3789 to receive information on the legal requirement for
coverage, to verify whether your employer has provided the required coverage, or to report an employcr's failure to
provide coverage." and
(8) contractually require each person with whom it contracts to provide services on a project, to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any
coverage agreements for all of its employees providing services on the project, for the duration of the
project;
(B) provide a certificate of coverage to the contractor prior to that person beginning work on the project;
(C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule;
(D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends during the
duration of the project;
(E) obtain from each other person with whom it contracts, and provide to the contractor:
(i) a certificate of coverage, prior to the other person beginning work on the project; and
(ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the
coverage period, if the coverage period shown on the current certificate of coverage ends during the
duration of the project;
(F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter,
(G) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the
person knew or should have known, of any change that materially affects the provision of coverage of any
n person providing services on the project; and
l
(H) contractually require each other person with whom it contracts, to perform as required by paragraphs
(A) - (H), with the certificate of coverage to be provided to the person for whom they are providing
services. ❑
F
F
i..�- i.._.... �.._. �� �.... �-� ��� �: � �- � �� � � � �.::_� �> �.._: ems:
7
a CONTRACT
STATE OF TEXAS
f COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 8th day of February,1996, by and between the City of Lubbock, County
t of Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred to
t as OWNER, and HYDROCHEM INDUSTRIAL SERVICES. INC. of the City of Deer Pa r9c County of Harris, and the State of
Tezas. 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 CONTRACTOR hereby
agrees with OWNER to commence and complete the construction of certain improvements described as follows:
BH) #13483 - CHEMICAL CLEANING OF BOILER NO.2 AT LUBBOCK POWER & LIGHT HOLLY PLANT
574,237.07
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 the time specified in the contract documents.
ti
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid
submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account
thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents Ifave executed
year and day first above written.
gecr`ctai
t
Z
vEl
• •
s Representative
APPROVED • •'M
City'Attorney
^ ATTEST:
CCorporate Secretary
i
MAYOR
CONTRACTOR
Lubbock County; Texas, in the
HYDROCHEM INDUSTRIAL SERVICES, INC.
r LAW
2LBy: " v--
DEPT
PRINTEDNAME: William Ingram
'pi'H,E: Chief Financial Officer
COMPLETE ADDRESS:
HydroChem Industrial Services, Inc.
P.O. Box 820
Deer Park, Texas 77536
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GENERAL CONDITIONS OF THE AGREEMENT
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GENERAL CONDITIONS OF THE AGREEMENT
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:HYDROCHEM INDUSTRIAL SERVICES, INC.,
who has agreed to perform the work embraced in this contract, or to his or their legal representative.
OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to
JAY WADSWORTH, ELECTRIC PRODUCTION SUPERINTENDENT City of Lubbock, under whose supervision
these contract documents, including plans and specifications, were prepared, and who will inspect constructions; or to such
other representative, supervisor, or inspector as may be authorized by said Owner to act in 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's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement,
Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any),
Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for his inspection in
accordance with the Notice to Bidders.
S. INTERPRETATION OF PHRASES
Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of
l like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of
the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like
Fimport shall mean approved by or acceptable or satisfactory to the Owner's Representative.
6. SUBCONTRACTOR
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.
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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 Contractor shall, if required, furnish satisfactory
evidence as to the kind and quality of materials. Materials or work descn'bed in words which so applied have well known,
technical or trade meaning shall be held to refer such recognized 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
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 one copies of all Plans, Profiles 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 of 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 onsite inspections to check the quality or quantity of the work, nor will he be responsible for
the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. His
efforts will be directed towards providing assurances for the Owner that the completed project will conform to the
requirements of the contract documents, but he will not be responsible for the Contractor's failure to perform the work in
accordance with the Contract Documents. On the basis of his onsite observations, he will keep the Owner informed of the
progress 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 carefiilly 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 Representatives' estimates and findings shall be conditions precedent to the right to any
action on the contract, and to any rights of the Contractor to receive any money under this contract
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.
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 therefore. The Contractor shall furnish all reasonable aid and assistance
required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The
Contractor shall regard and obey the directions and instructions of 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
1 The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the
work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's
Representative. The superintendent shall represent the Contractor in his absence and all directions given to him shall be
binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor
is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations
of the Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all
risk in connection therewith shall be borne by the Contractor.
The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any
subcontractors, or any of his agents or employees, or any other persons performing any of the work.
17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of
r the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of
equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions,
and all other matters which in arty 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
1'he Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required
under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform him in writing that
any man or men on the work, are, in his opinion, incompetent, unfaithful, or disorderly, such man or men shall be
discharged from the work and shall not again be employed on the work without the Owner's Representative's written
consent.
19. CONSTRUCITON 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 as 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 contract 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 manufactured at a location where it is not convenient for Owner or Owner's Representative to make
observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require
Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons
competent to perform such tasks at the location 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 Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for
observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by
the Contractor unless otherwise provided herein. Any work which fails to meet the 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 Owner's Representative, nor inspections, 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.
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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 Owners' Representative as unsuitable or not in conformity with
plans, specification and contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's
Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full
accordance with this contract. It is further agreed 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 anticipated 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 incurred 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 maybe required by the
Owner or Owner's Representative 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 bid, 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
!"r 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 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 (151/6) percent.
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, timekeepers, mechanics
and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used
on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on
account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property
Damage and Workers' 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 in writing, before the work commences, the method of doing the work and the type
and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless
otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 1001/a, unless
otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associates! General
Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be
incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall
cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements
of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or
Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same
shall be included in the "actual field cost."
No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any
orders or instructions appear to the Contractor to involve extra work for which he should receive compensation or an
adjustment in the construction time, he shall make written request to the Owner's Representative for a written order
authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to
the payment therefore, and the Owner's Representative insists upon its performance, the Contractor small 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
It is further agreed that it is the intent of this contract that all work described in the bid, the specifications, plans and other
contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances
necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's
Representative. If the Contractor finds any discrepancies or omissions in these plans, specifications, or contract documents,
he should notify the Owners' 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
understands the work to be included and has provided sufficient sums in his bid 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 (5) 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 required under this contract, the Owner or Owner's Representative may order the Contractor in
writing to increase their 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 Workers' Compensation Insurance with an insurance
company licensed to transact business in the State of Texas, which policy shall comply with the Workers' 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 odes. 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 Owners or 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.
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28. CONTRACTOR'S INSURANCE
r" The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as
hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried
with an insurance company authorized 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 subcontractor, or separate policies shall be provided covering
t the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to
t contract execution.
A. Comprehensive General Liability Insurance
The contractor shall have Comprehensive General Liability Insurance with limits of $750.000 Combined Single
Limit in the aggregate and per occurrence to include:
Premises and Operations
Explosion & Collapse Hazard
Underground Damage Hazard
Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury (with exclusion "c" waived)
B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance.
For bodily injuries, including accidental death and or property damage, $750,000 Combined Single Limit. This
policy shall be submitted prior to contract execution.
C. Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury/Property Damage, $750,000 Combined Single Limit,
to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned
Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the
a : endorsement doing so is to be attached to the Certificate of Insurance.
D. Builder's Risk Insurance
The Contractor shall obtain a Builder's Risk policy in the amount of 0% of the total contract price (100% of
potential loss) naming the City of Lubbock as insured.
E. Umbrella Liability Insurance
The Contractor shall have Umbrella Liability Insurance in the amount of $1.000,000 on all contracts with coverage
to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages.
F. Worker's Compensation and Employers Liability Insurance
Worker's Compensation Insurance covering all employees whether employed by the Contractor or any
Subcontractor on the job with Employers Liability of at least $500,000,
Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -
insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or
TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's
employees providing services on a project, for the duration of the project..
Duration of the project - includes the time from the beginning of the work on the project until the
contractor's/person's work on the project has been completed and accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in 0406.096) - includes all persons or entities
performing all or part of the services the contractor has undertaken to perform on the project, regardless of
whether that person contracted directly with the contractor and regardless of whether that person has
employees. This includes, without limitation, independent contractors, subcontractors, leasing companies,
motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes
persons to provide services on the project. "Services" include, without limitation, providing, hauling, or
delivering equipment or materials, or providing labor, transportation, or other service related to a project.
"Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets. -
2. The contractor shall provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor
Code, Section 401.01 I(44) for all employees of the contractor providing services on the project, for the
duration of the project.
3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded
the contract.
4. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of
the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage
with the governmental entity showing that coverage has been extended.
S. The contractor shall obtain from each person providing services on the project, and provide to the
governmental entity:
(a) a certificate of coverage, prior to that person beginning work on the project, so the governmental
entity will have on file certificates of coverage showing coverage for all persons providing
services on the project; and
(b) no later than seven days after receipt by the contractor, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the project.
The contractor shall retain all required certificates of coverage for the duration of the project and for one
year thereafter.
7. The contractor shall notify the governmental entity in writing by certified mail or personal delivery,
within ten (10) days after the contractor knew or should have known, of any change that materially affects
the provision of coverage of any person providing services on the project.
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S. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the
Texas Workers' Compensation Commission, informing all persons providing services on the project that
�^ they are required to be covered, and stating how a person may verify coverage and report lack of coverage.
9. The contractor shall contractually require each person with whom it contracts to provide services on the
project, to:
(a) provide coverage, based on proper reporting of classification cedes and payroll amounts and
filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.011(44) for all of its employees providing services on the project, for the duration of
the project;
(b) provide to the contractor, prior to that person beginning work on the project, a certificate of
coverage showing that coverage is being provided for all employees of the person providing
services on the project, for the duration of the project;
(c) provide the contractor, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(d) obtain from each other person with whom it contracts, and provide to the contractor:
(1) a certificate of coverage, prior to the other person beginning work on the project; and
(2) a new certificate of coverage showing extension of coverage, prior to the end of the
coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days
after the person knew or should have known, of any change that materially affects the provision
of coverage of any person providing services on the project; and
(g) contractually require each person with whom it contracts to perform as required by paragraphs
(1) - (7), with the certificates of coverage to be provided to the person for whom they are
providing services.
10. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is
representing to the governmental entity that all employees of the contractor who will provide services on
the project will be covered by worker's compensation coverage for the duration of the project, that the
coverage will be based on proper reporting of classification codes and payroll amounts, and that all
coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured,
with the commission's Division of Self -Insurance Regulation. Providing false or misleading information
may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil
actions.
11. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor
which entitles the governmental entity to declare the contract void if the contractor does not remedy the
breach within ten days after receipt of notice of breach from the governmental entity.
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for
approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of
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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 provision that the policy may be canceled only by mailing written notice to the named insured at the
address shown in the bid specifications.
(6) A provision that written notice shall be given to the City ten (10) days prior to any change in or
cancellation of the policies shown on the certificate.
(7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job
specifications. No substitute of nor amendment thereto will be acceptable.
(8) If policy limits are paid, new policy must be segued for new coverage to complete project.
(9) A Contractor shall:
(a) provide coverage for its employees providing services on a project, for the duration of the project
based on proper reporting of classification odes and payroll amounts and filling of any coverage
agreements;
(b) provide a certificate of coverage showing workers' compensation coverage to the governmental
entity prior to beginning work on the project;
(c) provide the governmental entity, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the contractor's current
certificate of coverage ends during the duration of the project;
(d) obtain from each person providing services on a project, and provide to the governmental entity:
(i) a certificate of coverage, prior to that person beginning work on the project, so the
govemmental entity will have on file certificates of overage showing coverage for all
persons providing services on the project; and
(ii) no later than seven (7) days after receipt by the contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(e) retain all required certificates of overage on file for the duration of the project and for one year
thereafter,
(f) notify the governmental entity in writing by certified mail or personal delivery, within ten (10)
days after the contractor knew or should have known, of any change that materially affects the
provision of overage of any person providing services on the project,
(g) post a notice on each project site informing all persons providing services on the project that they
are required to be covered, and stating how a person may verify current coverage and report
li
4
I failure to provide coverage. This notice does not satisfy other posting requirements imposed by
the Act or other commission rules. This notice must be printed in at least 19 point normal type,
and shall be in both English and Spanish and any other language common to the worker
population. The text for the notices shall be the following text provided by the commission on
the sample notice, without any additional words or changes:
REQUIRED WORKERS' COMPENSATTON COVERAGE
"The law requires that each person working on this site or providing services related to this
construction project must he covered by workers' compensation insurance: 17sis includes
persons providing, hauling, or delivering equipment and materiak or providing labor or
transportation or other service related to the project, regardless of the identity of their
employer or status as an employee."
"Call the Texas Workers' Compensation Commission at 512-440-3789 to receive information
on the legal requirement for coverage, to verify whether your employer has provided the
required coverage, or to report an employer's failure to provide coverage. " and
(h) contractually require each person with whom it contracts to provide services on a project, to:
(i) provide coverage based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements for all of its employees providing services on the
pmject, for the duration of the project;
(ii) provide a certificate of coverage to the contractor prior to that person beginning work on
the project;
(iii) include in all contracts to provide services on the project the language in subsection (e)
(3) of this rule;
(iv) provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(v) obtain from each other person with whom it contracts, and provide to the contractor:
(1) a certificate of coverage, prior to the other person beginning work on the
project; and
(2) prior to the end of the coverage period, a new certificate of coverage showing
extension of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the pmjec4
(vi) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter,
(vii) notify the governmental entity in writing by certified mail or personal delivery, within
ten (10) days after the person knew or should have known, of arty change that materially
affects the provision of coverage of any person providing services on the project; and
(viii) contractually require each other person with whom it contracts, to perform as required
by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for
whom they are providing services.
29. DISABLED EMPLOYEES
Contractors having more than 15 employees agree to comply with the Americans with Disabilities Act of 1990, and agree
not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to
job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and
other terms, conditions, and privileges of employment.
30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALN EN AND FURNISHERS OF
MACHINERY, EOUIPN ENT 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, workmen, 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 indebtedness 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.
31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or
process covered by letters patent or copyright by suitable legal agreement with the Patentee or Owner 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 specified 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.
32. 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
Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners'
Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work
If the Contractor performs arty work knowing it to be contrary to such laws, ordinances, rules and regulations, and without
such notice to the Owner's Representative, he shall bear all costs arising therefrom.
The Owner is a municipal corporation of the State of Texas and the law from which it 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 the same effect as though embodied herein.
33. 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.
'PIN
34. 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 embraced in this contract shall be commenced on a date to be
specified in the Notice to Proceed.
If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, 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 S500 (FIVE
HUNDRED DOLLARS) PER DAY, 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 completing 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 reasonable time for the completion of the same, taking into consideration the average climatic
change and conditions and usual industrial conditions prevailing 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.
35. TIME AND ORDER OF COMPLETION
'y It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be
allowed to prosecute his work at such time and sessions, in such order of precedence, and in such manner as shall be most
conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the
t 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 bid; provided, also, that when the Owner is having other work done,
either by contract or by his own force, the Owner's Representative 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 intends 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.
36. EXTENSION OF TIME
The Contractor agrees that he has submitted his bid in full recognition of the time required for the completion of this
project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has
considered the liquidated damage provisions of paragraph 33 hereinabove set forth and that he shall 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, walkouts, 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 consider such written request
and respond to Contractor in writing granting or rejecting the request for an extension of time to complete the project..
37. HINDRANCE AND DELAYS
In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time herein
fixed, he has taken into consideration and made allowances for all hindrances and delays incident to such work, whether
growing out of 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 Ownees Representative that is caused by such stoppage shall be paid by Owner to
Contractor.
38. S 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 tobbe 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
bids 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.
39. 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.
40. 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 specifications and
stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid 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.
41. 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 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.
42. 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 Representative shall review said application for partial payment and the progress of the work made by
the Contractor and if found to be in order shall prepare a certificate for partial payment showing as completely as practical
the total value of the work done by the Contractor up to and 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 (15) day of the current month the total amount of the
Owner's Representative's Certificate of Partial Payment, less five percent (5116) of the amount thereof, which 5% shall be
retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner
under the terms of this agreement. It is understood, however, that in case the whole work be near to completion, and this
fact is certified to by Owner's Representative and some unexpected and some unusual delay occurs due to no fault or
negligence on the part of the Contractor, the Owner may upon written recommendation of Owner's Representative pay a
reasonable and equitable portion of the retained percentage due Contractor.
43. 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 completed in accordance with the contract documents, the
Owner's Representative shall issue to the Owner and Contractor his certificate of completion, and thereupon it shall be the
duty of the Owner within thirty-one (31) days to issue a certificate of acceptance of the work to the Contractor.
44. FINAL PAYMENT
Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final measurement and
prepare a final statement of the value of all work performed and materials furnished under the terms of the agreement, and
shall certify same to the Owner, who shall pay to the Contractor on or before the 31st day after the date of certificate of
completion, the balance due Contractor under the terms of this agreement, provided he has fully performed his contractual
obligations under the terms of this contract; and said payment shall become due in any event upon said performance by the
Contractor. Neither the certificate of acceptance nor the final payment, nor any provisions in the contract documents shall
relieve the Contractor of the obligation for fulfiillment of any warranty which may be required in the special conditions (if
any) of this contract or required in the specifications made a part of this contract.
45. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK
Contractor shall promptly remove from Owners' premises all materials condemned by the Owner's Representative on
account of failure to conform to the contract, whether actually incorporated in the work or not, and Contractor shall at his
own expense promptly replace such condemned materials 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 Contractor's expense.
46. 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.
r
47. PAYNIENT VITT TH ELD
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 materials 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.
48. 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 Representative has given any
directions, order or instruction to which the Contractor desires to take exception. The Owners' 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 Representative, any demand for arbitration shall be filed with the Owner's Representative
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.
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
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(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 rase 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
Tunder this contract, the Contractor or his Surety shall be credited therewith.
When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and certificates of
completion and acceptance, as provided in paragraph 42 hereinabovc set forth, shall be issued. A complete itemized
statement of the contract accounts, certified to by 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 thirty (30) days after the date of certificate of completion.
In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the
cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor
and/or his Surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools,
materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to
complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner
within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the
site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the
Contractor and his Surety at the respective addresses designated in this contract; provided, however, that actual written
notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be
held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect
such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools,
materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale
may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any
machinery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than the
Contractor 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 bid, 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 will be required to furnish a performance bond in accordance with Chapter 2253, Government Code,
in the amount of 100% of the total contract price in the event that said contract price exceeds $ 100,000 and the successful
bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of
100% of the total contract price in the event that said contract price exceeds $25,000. 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 furnished.
41.
52. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract 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 room 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.
L- L- L-L: L, L=;:- L:-�- L.::-- L�- Li:---. L--- L--::: L-,-4' L- L- L-- L---
Resolution #2502
January 8* 1987
Agenda Item #18
DGV:da
RESOLUTION
WHEREAS, the City Council has heretofore established the general
prevailing rate of per diem wages for each craft or type of workmen or
mechanics needed to execute public works contracts for the City of Lubbock
in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and
WHEREAS, such wage rates were established by Resolution No. 719
enacted February 12, 1981, updated by Resolution No. 1590 enacted February
23, 1984; and
WHEREAS, such rates need to be updated at the present time in order
to reflect the current prevailing rate of per diem.wages; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the general prevailing rate of per diem wages for public works
contracts shall be as set forth in the following named exhibits, which
exhibits shall be attached hereto and made a part hereof for all intents
and purposes:
Exhibit A: Building Construction Trades
Exhibit B: Paving and Highway Construction Trades
Exhibit C: Electrical Trades
Exhibit D: Overtime Rate
Exhibit E: Weekend and Holiday Rate
Such wage rates are hereby found and declared to be the general prevailing
rate of per diem wages in all localities where public works are undertaken
on behalf of the City of Lubbock and such wage rates shall be included in
all public works contracts as provided by law.
Passed by the City Council this 8th day of January , 1987.
F
et
Secretary
APPROVED T ONTENT:
Bi 1 P�yne, Dilrector of Building
Services
r
B.C. McMINN, MAYOR
APPROVED AS TO FORM:
DoWild G. Vandiver, First
Assistant City Attorney
EXHIBIT A
City of Lubbock
Building Construction Trades
Prevailing Rates
Craft
Acoustical Ceiling Installer
Air Conditioner Installer
Air Conditioner Installer -Helper
Bricklayer
Bricklayer -Helper
Carpenter
Carpenter -Helper
Cement Finisher
Drywall Hanger
Electrician
Electrician -Helper
Equipment Operator -
Heavy
Light
Floor Installer
Glazier
Insulator, Piping/Boiler
Insulator -Helper
Iron Worker
Laborer, General
Mortar Mixer
Painter
Plumber
Plumber -Helper
Roofer
Roofer -Helper
Sheet Metal Worker
Sheet Metal Worker -Helper
Welder - Certified
Hourly Rate
$11.60
8.35
5.50
10.50
5.00
11.00
5.50
7.35
8.70
10.50
5.25
8.00
5.70
8.00
7_.50
9.50
5.00
7.30
4.75
5.60
8.75
9.25
6.00
7.65
4.75
8.75
5.50
8.00
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l
EXHIBIT B
Paving and Highway Construction
Prevailing Wage Rates
.Craft
Hourly Rate
Asphalt Heaterman
$5.25
Asphalt Shoveler
4.75
�.
Concrete Finisher
Concrete Finisher -Helper
7.35
4.75
Electrician
10.50
Flagger
4.75
Form Setter
6.50
Form Setter -Helper
5.50
Laborer, General
4.75
Laborer, Utility
5.80
Mechanic
6.50
Mechanic -Helper
6.00
i
POWER EQUIPMENT OPERATORS
Asphalt Paving Machine
6.00
Bulldozer
5.25
Concrete Paving Machinist
6.50
Front End Loader
5.85
r.
Heavy Equipment Operator
6.40
l
Light Equipment Operator
6.40
`
Motor Grade Operator
8.00
Roller
5.25
Scraper
5.25
Illl
Tractor
5.50
Truck Driver -
Light
5.25
Heavy
5.25
7
EXHIBIT C
Electric Construction Trades
Prevailing Wage Rates
Craft Hourly Rate
Power Line Foreman $11.00
Lineman Journeyman 10.45
Lineman Apprentice Series 8.90
Groundman Series 7.25
EXHIBIT D
Prevailing Wage Rates
Overtime Rate
The rate for overtime (in excess of forty hours per week) is l 1/2
times base rate.
EXHIBIT E
Prevailing Wage Rates
Weekend and Holiday Rate
The rate for weekend and holiday is 1 1/2 times base rate.
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Specifications For
Chemical Cleaning of Holly Boiler #2
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LUBBOCK POWER b LIGHT
ELECTRIC PRODUCTION DEPARTMENT
Holly Avenue Power Generating Station
3500 E. Slaton Highway
Lubbock. Texas
January 1996
Ul
;. Scope:
To provide chemicals, labor, material, and equipment necessary to chemically
clean both steam generators located at the Holly Avenue Generating Station 3500 East
Slaton Highway Lubbock, Texas
Steam Generator Data:
Holly #2
Manufacturer - Foster Wheeler Energy Corporation
Year Erected - 1977 - 1978
Contract Number - 3-78-2639
Steam Generating Capacity Max - 512186 lbs. steam/hr.
Operating Temperature - 955 F
Operating Pressure - 1300 psig
Design Pressure - 1570 psig
Approximate Water Capacity to Normal Water Level -
112650 lbs or 14081 gals.
Approximate Water Capacity for Hydrostatic Test -
147730 lbs. or 18466 gals.
General Procedures
r Holly #2
rl
Prior to filling the Holly # 2 boiler with cleaning chemicals the boiler will be
filled with condensate and fired to a temperature of 200 F to 300 F. The Contractor
shall provide enough chemicals to:
(1) remove 100 lbs of copper in the first stage of cleaning
(2) remove 2.2% iron in the second stage
(3) remove 250 lbs of copper in the third and final stage.
The contractor shall also provide enough standby chemicals enough to remove
another 100 lbs of copper, and another 0.5% iron. The Contractor shall take all
necessary precautions to protect the superheater from any chemical migration. The
Contractor shall drain the boiler completely and refill a minimum of four(4) time
during the cleaning process. Lubbock Power & Light will pay for transportation and
stand by charges on the chemicals not used. The Contractor shall sample the cleaning
solution every 15 minutes while the cleaning process is in progress. The contractor
shall also provide the following but not limited to:
* storage tanks
* pipes, hoses, tools
* pumps (pumps shall be large enough to fill the
boiler in 90 minutes)
* reversing manifold
!" * chemical lab
no
* chemicals
* labor
* transportation
* disposal
* waste determination
* and any other labor/materials/tools to complete the job.
Type of Chemicals
The cleaning solution shall consist of the following:
* EDTA
* sodium bromate
* peroxide (or oxygen)
* inhibitor
* antifoam.
No hydrochloric acid shall be used.
Disposal of Waste
The contractor shall provided for disposal of all cleaning waste. The
contractor shall be required to meet all EPA rules and regulations concerning
hazardous waste disposal. The Contractor shall make sure the boiler is thoroughly
drained before starting a rinse procedure. Rinse water may be disposed of in the
vinyl lined evaporation pond on site. The rinse water must be in the range of 7 to 9
ph. Proof of disposal at an EPA approved disposal site is required before payment
will be made.
Bid Break Out
The bid shall be based on the quantities of material to be removed that are
given under section General Procedures, and a service time of 82 hrs. Consequently,
in addition to total cost for the work the bid shall include a cost break down for
the following:
1) Chemicals separately
2) Labor
3) Mobilization & Demobilization
4) Equipment
5) Disposal
6) Per Diem.
Units be
load, lbs,
to used are scf,
gallons, miles, day, and hrs.
All unit prices shall be
submitted on a separate sheet with company letterhead
and signed by an officer
of the firm.
******
,�
Note
CURRENTLY AS PLUMBED IT TAKES
3.5 TO 4.0 HOURS TO GRAVITY DRAIN HOLLY #2
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