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Home My WebLink AboutResolution - 5752 - Contract - Hach Company - On-Line Particle Counters - 01_22_1998RESOLUTION NO.5752 Item #26 January 22, 1998 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 by and between the City of Lubbock and Hach Company, of Loveland, Colorado, to install and furnish all materials and services as bid for the On -Line Particle Counters, and any associated documents, attached hereto, which Contract shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd ATTEST: KatDarnell, City Secretary APPROVED AS TO CONTENT: q&t6l - Victor Kilm , Purchasing Manager APPROVED AS TO FORM: illiam de Haas, Assistant City Attorney da/cedocs/bach-cores January 13, 1998 day of January '1998. 5)75a CITY OF LUBBOCK SPECIFICATIONS FOR FURNISH & INSTALL ON-LINE PARTICLE COUNTERS AT THE WATER TREATMENT PLANT BID #97269 t x! Y o 0 O Un V N CITY OF LT-JB--BOCK Lubbock, Texas e e r e. City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 606-767-2167 7 ADDENDUM #2 ITB #97269 Furnish & Install On -Line Particle Counters at the Water Treatment Plant MAILED TO VENDOR: OLD CLOSE DATE: NEW CLOSE DATE: ITB #97269. Addendum 02 Office of Purchasing December 4,1997 December 16,1997 @ 4:00 p.m. December 18, 1997 @ 4:00 p.m. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect 1. Enclosed please find the revised set of specifications. Please submit your bid based on the revised specifications. 2. The Close Date has changed From: December 16, 1997 @ 4:00 p.m. To: December 18,1997 @ 4:00 p.m. All requests for additional information or clarification must be submitted in writing and directed to: Laura Ritchie, Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to: (806)775-2164 or Email to: LRitchie@mail.ci.lubbock.tx.us THANK YOU, Laura Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID 97269ad2.doc r I ITB 097269, Addendum #2 SPECIFICATIONS FOR ON-LINE PARTICLE COUNTER ! Sensor/Counter. r� The particle counter sensor shall be an on-line, real-time continuous monitoring instrument P utilizing light extinction technology for sizing and counting particles. The sensor light source must be a solid-state laser diode (780 nm infrared) capable of counting particles from 2 to 800 r, microns. The system must be capable of sorting particles into 15 user -adjustable channels. The particle counter must have a maximum particle concentration limit of at least 20,000 particles/mL at 10% coincidence. Maximum concentration must be based on both optical and electronic coincidence limits. All sensors must be calibrated per ASTM 658. Calibration materials must be traceable to USA NIST. Included as part of bid shall be a statement as to the percentage of total sample flow the proposed sensor monitors. Size Resolution. Must meet USP 788 standard. (10% or better accuracy). Sensor Count Matching. All sensors must be count matched during factory calibration to guarantee performance of i 10% from sensor to sensor. Certification of Sensor variance shall be submitted for approval prior to shipment. Calibration Verification. The sensor must facilitate a simple on -site calibration verification procedure by the user to validate the sensor is sizing and counting particles correctly. The calibration verification process should not require the sensor to be taken off-line. Sensor1/O Each sensor shall provide five 4-20 mA output signals representing particle counts in adjustable size ranges, total counts, and flow or sensor status. The sensor shall have the option of accepting two 4-20 mA input signals from other instruments such as turbidimeters. The particle counter system must also offer network hardware that will accept additional 4-20 mA input signals from other instruments. Internal Flowmeter. The particle counter system must offer the option of an intemal flow meter that will continuously monitor flow and notify the controlling system if the flow rate is below or above acceptable limits. Diagnostics. The sensor must track and indicate its need for periodic cleaning or maintenance automatically, either by communicating to the dedicated data acquisition system (computer) and/or by external alarm light. Each sensor shall have a LED indicator for power, sensor, sample cell and flow status (for sensors with an internal flow meter). 1 97269ad2.doc k rrB #97269, Addendum #2 Sample Cell. The particle counter sensor flow cell must be made of sapphire. The sensor sample cell shall r be no larger than 1 x 2 mm in size. The sensor sample cell must be suitable for brush cleaning. A capillary cleaning brush must be included with every sensor. There shall be no aluminum, brass or other materials which cause corrosion and optical surfacing fouling. Sensor shall have r" a field replaceable cell which can be installed by an operator without requiring any special tools. One spare cell will be provided with system. PM Constant Head Device. The particle counter must include a highly effective and reliable constant head device that reduces or eliminates bubbles and ensures a constant flow into the sensor. The constant head device should not require the use of a valve or other line restrictions. The constant head device height must be less than 43.2 cm (17 inches) of water. The constant head device must accept a flow rate between 300 - 1000 mUmin. and come with a 40-mesh screen. The constant head device shall be partially made of transparent material for easy visual inspection and verification of flow. Compliance. All sensors shall be designed to meet the UUCSA safety and CE standards for both national and international safety and emission requirements. Enclosures. All particle counter sensor components including power supply shall be housed in one module. All AC power shall be isolated from all wetted surfaces. The sensor, wetted surfaces and all electrical components shall be housed in a NEMA-4X (indoor), IEC 529 IP66 enclosure with quick connect fittings. Communication. *- The particle counting system shall communicate using RS485 Serial Communication. The particle counter must communicate directly to a dedicated data acquisition system (computer) without requiring any intermediary control unit. Sensors or other network devices may be located up to 4000 feet from the data collection system (computer). The sensor must be designed so that a sensor may be disconnected, removed for calibration or service, without interrupting the data transmission from other sensors. Junction boxes are not required. r' Warranty. The manufacturer shall warrant the particle counter against defects in materials and workmanship for a period of one year from the date of shipment. Advanced Software. The software shall provide data displays that include real-time and historical plots, real-time and historical tabular displays, sensor status and system events. The sensor status display shall indicate customer alarm conditions by color change and flashing title bar. The tabular display r shall include the sample point name, instrument status, most recent value, minimum, maximum, average and standard deviation for each channel of each sample point. r Software must be able to support at least 32 particle counters per computer. E. 97269ad2.doc t ITB #97269, Addendum 02 The software shall offer a map function to permit custom plant process diagram entry and display with on -screen sensor data readout and alarm indication. The map shall have "zoom" capability to permit complete process system or specific filter area viewing with readable sensor outputs. In addition, the displayed map shall include real-time sample points indicating measured value. Three dimensional bar graph histogram capability also shall be included to allow display of particle counts over all size channels for a single sensor, particle counts from several sensors and the relationship among dissimilar data items. Calculated Sample Points (CSP) shall be permitted to report log removal and percent efficiency. Statistical operations such as average, minimum, maximum, standard deviation and total shall be included. There shall be four programmable alarm levels for each sensor. Each state of alarm shall be r' displayed by changing the displayed result background and type colors. System event and event warning conditions also shall be displayed by changing the display background and type color. The sample alarm and event warning notification priority shall be selectable by the user. On- line help shall include "topic specific" help information from within window dialog boxes. Help information shall be accessible via the tool bar and menu. Simultaneous multiple data viewing capability shall be permitted. For example, graphics tabular �- spreadsheet and histogram data presentation shall be displayed simultaneously when needed. Automatic cascade and tile screen presentations shall be selectable in a manner equivalent to Microsoft Windows operating system. Display size and positioning shall be controlled and sized by clicking and dragging with the mouse. The software shall include internetworking to permit multiple systems to provide remote analysis of system data. TCP/IP communications interface for connection to third party SCADA type packages shall be provided. Service. Manufacturer shall provide the location and phone number of the closest service center. A toll - free number shall be provided for hardware and software support. A list of local and factory - based service and support personnel shall be provided with the proposal. General: Supplier. Supplier shall be responsible for complete installation of all particle counters. Installation will include individual mounting of particle counters on panels forty eight inches (48") off of floor. Panels will be secured to floor with a minimum of two (2) bolts. All connecting cabling shall be in conduit. Manufacturer shall furnish, test, and provide training for on-line particle counters, and computer control software. Manufacturer shall also final test all particle counters at plant site. r� 97269ad2.doc p City of Lubbock P.O. Box 2000 r Lubbock, Texas 7J457 606-767-2167 ITB #97269, Addendum 41 ADDENDUM #1 ITB #97269 Furnish & Install On -Line Particle Counters at the Water Treatment Plant MAILED TO VENDOR: November 25,1997 Office of Purchasing OLD CLOSE DATE: December 4,1997 @ 2:00 p.m. NEW CLOSE DATE: December 16,1997 @ 4:00 p.m. 7 The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. The last section of the specifications titled, "General", shall read as follows: "Contractor shall furnish, test, and provide training for on-line particle counters, and (one copy) computer control software. Contractor shall be responsible for complete installation of tewnty-four (24) on-line particle counters. Installation shall include individual mounting of particle counters on panels forty-eight inches (48") off of floor. Panels will be secured to floor with a minimum of two (2) bolts. All connecting cabling shall be in conduit. Contractor shall also final test all particle counters at plant site." 2. The Close Date has changed From: December 4, 1997 @ 2:00 p.m. To: December 16,1997 @ 4:00 p.m. All requests for additional information or clarification must be submitted in writing and directed to: Laura Ritchie, Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to: (806)775-2164 or Email to: LRitchie@mail.ci.lubbock.tx.us THANK YOU, Laura Ritchie Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID k 97269ad1.doc l i A CITY OF LUBBOCK INVITATION TO BID FOR TITLE: FURNISH & INSTALL ON-LINE PARTICLE COUNTERS AT THE WATER TREATMENT PLANT ADDRESS: LUBBOCK, TEXAS BID NUMBER: 97269 PROJECT NUMBER: 9571.9226.30000 CONTRACT PREPARED BY: PURCHASING DEPARTMENT 7 r NI DEX 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS 4. PAYMENT BOND 5. PERFORMANCE BOND 6. CERTIFICATE OF INSURANCE 7. CONTRACT 8. GENERAL CONDITIONS OF THE AGREEMENT 9. CURRENT WAGE DETERMINATIONS 10. SPECIFICATIONS 11. SPECIAL CONDITION NOTICE TO BIDDERS F r r 17 NOTICE TO BIDDERS BID #97269 Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until 2,00 o'clock p.m. on the 4th day of December, 1997, or as changed by the Issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project: "FURNISH & INSTALL ON-LINE PARTICLE COUNTERS AT THE WATER TREATMENT 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 25th day of December. 1997, 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 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. 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 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him. It shall be each bidders sole responsibility to Inspect the site of the work and to Inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a pre -bid conference on 20th day of November. at 9:00 o'clock a.m., in the Purchasing Conference Room L04, 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. 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 r` to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in r 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 r, a more accessible format or If you require assistance, please contact the City of Lubbock Human Relations Office at (806) 767-2281 at least 48 hours in advance of the meeting. t t" ,CITY OF LUBBOCK VICTOR KILKIIAN PURCHASING MANAGER Bid documents may be obtained upon request from the Purchasing Department at 1625 13th Street, Room L-04, Lubbock, Texas 79401; Telephone (806)775-2167JFax (806)775 -2164. i. GENERAL INSTRUCTIONS TO BIDDERS ,low 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 FURNISH & INSTALL ON-LINE PARTICLE COUNTERS AT THE WATER TREATMENT 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 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. 4. BIDDER INQUIRIES No bidder shall request any Information verbally. All written requests for additional information or clarification concerning this bid must be addressed to: LAURA RITCHIE BUYER CITY OF LUBBOCK P.O. BOX 2000 LUBBOCK, TX 79457 FAX (806) 776-2164 5. TIME AND ORDER FOR COMPLETION The construction covered by the contract documents shall be fully completed within 120 (ONE HUNDRED TWENTY) working 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 r� contract documents. f 7 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. 9. 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 { 1 k It shall be the Contractors 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 aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired Immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractors 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 Contractors 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 r.; 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 l 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 r.. 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 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 r. operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverage's shall be submitted prior to contract execution. The insurance certificates furnished shall name the City as an additional insured, 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. R shall be the contractors responsibility to provide to the owner all proof of coverage insurance documents including workers compensation coverage for each subcontractor. 18. 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, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages In these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: r (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 shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: (a) Bidders name (b) Bid for (description of the project). 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. (b) General Instructions to Bidders. (c) Bidders Submittal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (I) Insurance Certificates. 6) 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. 23. QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of r` Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein In a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock in regard to the bidder's qualifications. The City of Lubbock may make reasonable Investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: 1. The ability, capacity, skill, and financial resources to perform the work or provide the service required. 2. The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. 3. The character, integrity, reputation, judgment, experience, and efficiency of the bidder. 4. The quality of performance of previous contracts or services. BID SUBMITTAL BID SUBMITTAL LUMP SUM BID CONTRACT PLACE of Taffihrx c Water U1 ant DATE: Deceinles 16, 1997 PROJECT NUMBER: #97269 - FURNISH & INSTALL ON-LINE PARTICLE COUNTERS AT THE WATER TREATMENT PLANT Bid of Hach CM'Pau'iY (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 to E uxmi sh and i nG 1L tin - r,i nP flarti C1 a Counters at the City of lL bbock Water Treatment 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: Seventy Thousand. seven Hundred & ri fi y Do11 ArG ($ 7n. 75n _ nn SERVICES:, Seventem l is nd, Six RindrPr3 A Mon Dn11 arm 0 TOTALBID: Eighty Eight Thousand, free RtndrPd r. sixt= nnl l ars (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words sh ylgovem.) 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 120 (ONE HUNDRED TWENTY) 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 $600.00 (FIVE HUNDRED) for each working day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth In the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 21 of the General Instructions to Bidders. bidding, Bidder, understands that the Owner reserves the right to reject any or all bids and to waive any formality in the i s I { The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days r after the scheduled closing time for receiving bids. t The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified In the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. 7Bidders are required, whether or not a payment or performance bond Is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company. payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5% ) of the total amount of the bid submitted as a guarantee that bidder will enter Into a contract and execute all necessary bonds (if 7 required) within (ten) 10 days after notice of award of the contract to him. Enclosed with this bid is a Cashlees Check or Certified Check for Flour Thousand, Six Hundred Thirty Seven Dollars 0 4.637.00 1 or a Bid Bond in the sum of Dollars ($_ ), Dolly which it is 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 undersigned upon demand. Bidder understands and agrees that the contract to be executed by documents made available to him for his Inspection in accordance witpft or shall be bound to Bidders. tors Name) Include all contract Company 389 P.O. Haac Address Loveland Larimer City, County Colorado , 80539 State Zip Code Telephone: 800 - 227-4224 Fax: 97n-669-2932 (Seal If Bidder Is a Corporation) Secretary f L l' 1� r+ r- 2. 3. 4. 5. PM 6. 7. 8. 10. r r r r UST OF SUBCONTRACTORS Minority Owned Yes No �a� Eck F1 er_,+ri e- f`rm= anv 0 ❑❑ 0 0 0 0 0 ❑ 0 0 . 0 ❑ 0 ❑ ❑ o ❑ ❑ * Nature of Work Provided by Lubbock Electric Co. * Run Conduit (3/4 - inch ridged) for 24 Particle Counters. * Pull Wire. * Mount 48 - inch pedestals for Particle. Counters. { t r r PAYMENT BOND i BOND CHECK BEST RATING IIIEIS=N BATE . BY,4 Bl .��Ta669 i93Z RAN COOMY P,C34iC38 I; I STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(s) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $25,000) Bond #400JS6595 KNOW ALL MEN BY THESE PRESENTS, that Hach Company (hereinafter called the Prtncipal(s), as Prinapal(s), and St. Paul Fire & Marine Insurance Company (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of ------------------------------- Dollars (S 88, 360, 001 lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered Into a certain written contract with the Obligee, dated the 22nd day of January .19,22_,to Furnish and install on-line i►artirlP rj Prc�t_ water treatment plant. and said ''Principal under the law Is required before commencing 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 es -fully and to the same extent as If copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay an claimants supplying labor and material to hlrn or a subcontractor in the prosecution of the work 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 provisions of Section 2263.021(a) of the Texas Government Code, and all liabilities an this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this Instrument this 81 th _,dayof February St. Paul Fire & Marine Insurance Company Surety 'B U) Kristen C. Fox, Attorney -In -Fact 9 Hach Company Principal �e �I _PJ4' 6�9 2932 A(I COIPa11° 02,103l98 i0:22 P,035l038 The undersigned surety company represents that It is duly qualified to do business In Texas, and hereby (. designates (see below*) an agent resident In Lubbock County to whom any requisle notices maybe delivered and on whom service of process may be had In matters arising out of such suretyship. *The InWest Group, Inc. St. Paul Fire & Marine Insurance Company PO Box 53910 Surety Lubbock, TX 79453 Attn: Howard Cowan Ph: (806) 785-1988 �e� ' Cr ei Kristen C. Fox r Approved as to form: Attorney -In -Fact City of Lubbock l City Attomey * Note: if signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attomey In Fact, we must have copy of power of attomey for our tiles. n r-- r-- F r F i r PERFORMANCE BOND STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Dollars ($ ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the ` day of 19_, to and said principal under the law is required before commencing 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 fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall '., faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Govemment Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as If it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this _ day of , 19 Surety * By: T w: (Title) Principal By: (Title) By: (Title) By: (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety .By. (Title) Approved as to Form City of Lubbock By: - City Attomey Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attomey in Fact, we must have copy of power of attomey for our files. CERTIFICATE OF INSURANCE r r 03i06.98 08:09 FAT 970 669 2932 HAU COMPANY 16002 SEN7 BY: 3- 5-98 3 : 38P1f ; A0N RISK SERVICES- 370=669-2932 4 2/ 2 n r {/{.//�j CO- S"' S ......]w.. S9 `3" a......+ r ..»....•..•..l , .w.,..-:.ri�...M:L'r.r.�,.•.ii�iw"+�t- ....M.wT.-E.P.....m...I.l. 1 F. .'j#�♦r sM '.o.t,uc � -��....C.•b.. I HIS CERTIFICATE IS ISSUED AS A MATTER OF UIiFORMATION ONLY AND COMFE RS NO RIGHT UPON T'1• P.. C�RTIFICATF Aaa 4tiok Barr icoa,Inc. of Co HOLDER. THIS CERTIFICATE DOES NOT AWND, E XTM OR 4200 E. Miaaioaippi Aver, ALTER THE COVERAGE AFTOnm pY mm POLICIES BELOW. COMP 5 AFIKInPlf 10 COVOCACE Sui to 1500 Deaver, CO 60222-30 5 C"AP♦NY 303-750=7688 A _Royal InQ�mnity ' CIXAPAN7 Each Company B Amerio=•n & roref n Y a_ . Co. -- AT ., wary D=Uhes COMPANY P.O. Box 3E9 C C.[71�lp1 ATl[3, Cl� BE1539 tannw. D i%s...a"�^F:aS*e�a.:aw°s `Ci'' er"•:.•+"^w, w: �', ter. ,,,.....,..,.....,... ..... ... C�� :: �..: ...... THIS IS r6 CERTIFY THAT'nif , :S':..".•r^...."Y^:'�!.^"-'•!.�.'2""L. �.:^.�.._,, .'.�Y:.s• PDUCIES CIF INSURANCE USTED BELOW NAVE BUN ISSUED • 13 THE INSURED NAMED Ainvi r ..r.: FOR THE POUCv PERIOD INDICAM, lN0TWrr)4l5T^MII4Q ANV R60UIREMENT, TERM OR CONDITION OF ANY COrimACT On OTI ]CR OOCUMINT aw TN RESPECT TO W141CH TM CERTIFIcATE MAY BE muED OR MAY PERTAIN. THE INSURANCE AFFORDED 19Y THE POLICIES EIM RIaFn HEREIN IS U13JEC:T TO ALL THE TERMS. El Cl-IJS P9S ANU QUNLI It Up- SUI:H YOLULS. LIMITS WZWN mAY HAVE BEETS REDUCED BY PXD CLAIMS. LINE" CO ' YM OF W6YRANG6 LTR POLICY Numem POLLr EFFErTWE POUCT EUMATION DATGIMMMONYI DATEp UMIDAV) OuLm UA=Irr GENERALAo RWXM S 2000000 PRODUC-M P)OPAW s 1a00000 B UI MALGORnrA_LLIAIML A.TS4530710000 8/31197 2/ai/90 LbI CLAMS M-9* LX OC PERSOU r.a' a 3.000000 - i 1000000 4M'NZt'S a COI'm1ACTWE P1 CT, I WACH OnLAIRENCE • 100000 _ 1 rill: VAT-04Inn, E+Ie Ir.l AIrlrWC 111F ILOW ffY C A Z ANYALTTO ATS4398770097 6/31/97 B/3 m cDMEIIUPD a ISLE uLaT s1000000 ALL OWNED AUTOS .. ..... ---- Rrnnv�uul a � SCHEJJLEC Auras Ter LxTsw "RED ALTOS 00D1LT INJU Y INUN-L7 mr Wu AU I li: i� 0.-c:0erh1 PROPERTY E I 4 - UJ11.C1<IWWiJILRY I AUTeSY EA A(;CVENr E ANY AUTO ` OTFeER IVAN AUTO ONLY. ':"' ""F"Z`» t=•ww.'7''.==+ i N ACLIDGNT s _ A6GRCGATE DLCE66 UAIM"3 T EACH OCCU AENCE 4 VMBAEL A FDi*A OTHER THAN uMBgE:L.a FCRrR MlDIYIHLS COMPE3TSATWN tI1D WC S7 TLL OT1+ :"'-:", w;w •••••^.•::;�z;. .�.�.+wautir,:itrrrr..-"c: . E �IRnTETiS' /JAYILliY 96JLTC43987S 9/31/97 $/31/98 6LF CH ACCIDENT go 500900 1)*FROPRTET0Rr IN CL EL DISUSE- uCYLRIAIr 1 504000 PAATNEFSr.XE.cLnWE H - •• OFFICERS ARE Ecu EL OISEIASE- kA EMPLOYEE S 500000 aa+Fn 1 OCSCR>PTTON OF OPMTIDNIO.UCATIOUX,'YhNK.UMILPSZ4AL Tripp; Waiver at euDrogati ML included In favor of City Ox Lubbock, Texas. CarcifLeate holder i,Ia IMcluded no additional imsurmd Iganexal liability only). .. .... .:t... '` ...mow W.. ' ..w.r CA, a r• G. J•'AA 2 ......OpquuLn S�C%s�ewa AN► ICI 7W A=w DEs;cmw P&MES BE PJSNCELIFb "mm TIIE City Of Lubbock 1625 - 1.3th Strout Room. L-04' tZPIRATION DATE TWgr=DF, THE I&Wna C 30 I PAIN WILL ENDEAVOR TO EAAIL ZLD rJubboat • TAG 7 94 0l DATs riIImm mirrm To TINE cILIETIF VJT PARURE Tout p¢ SUCK 00=1 6r1A.L A" TE HOER NAMED TO TIQE ItST. ALI TI LI"T" OX LIA MM Q+' ANY VINO unrN It7G VL-NT,&41rZ9 a1,ZiJ14i UFl ItEf'RE6ETtTtLTTVFS. AUtNDR -PVE 002126008 _. V ''!•" +�.'TM.�?� ,,.0 . rr..� .""...• :.„ .'l a iri"'".�,p':.",`".v..y..i.11t ..'i+M.rM,N'{!Mt�•.Nw1Arr�W 03-06-98 10:08 RECEIVED FRO14:970 669 2932 P.02 03.05 98 08:13 FAX 970 669 2932 pm SEYC BY: HACH COMPANY 3- 4-98 : 2:35nf AONV RfSK-SaVICB-1 4 002/002 970=669-2932;# 2/ 2 °'S..::""'r.�.._: ,w MR�k �r N ,� - 3 ox 9e i:_.:�—:_x:iL•:_::.!..-.... a .r.�-. Y.!.. - .... '�A..' vw..,... C'......^`.`.." PRALti,KrR TIPS CEFITIrICATE IS ISSUED AS a MATTER OF INFOAMATIDIII Aox► feiak !?orvioos, o. of CO ONLY AND CONFERS NO RIGHT UPON THE CEBTIFIGATf- HOLDER. THIS CERTIFICATE DO NOT AMUiD, EXTEND OR 4100 Z. Niasi.a-ippi Ave. ALTER THE COVERAGE AFFORDEV BY TMIE POLICIES BELOW. Suite 1500 __ C0MPpME AFFBRd G cOVFRAGI: DOaver, CO E0222-10 5 I:DPrr.t,NY 303-759-7686 I ~ Rove1 indexmity t.aunec COFIPANT Lieah company 0 American A 70reign i te.00. 121Ma Gary Dreher CCIMPANY P.O. Sax 365 G Loveland, CO 00$39 COMPANY D MI iW+.W.W .Y✓�NJIFiMty 1.. y<mc+: i.+nw ..a W.,/.a.•Ir.i... rrww%.gn a�. .w:. Y.ti. R'T':..cz ^"�'flw!I,.'Y.'.,�vv'..�•':a`aw..aL#'Ccw".Kx'TM'+.'w�iMw�w......k!.w... THIS 95 TO GEATFY THAT TNi YLIWILS OF INbIUMANCtr LRSIFD HhLW.Y HAVE BEEN OWED TO THE INSURED NAMED !I SOME FOR THE POLICY PERIOD MICATM. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONornm OF ANY CONTRACT OR OTHER I]ACl1MFNT I VITH Re'SPECT TO WH" T}{1S CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED 8Y THE POLICIES DESCRIBED HEREIN IS 5U8J=F0 ALL THE TER41$, IXCLUSIONG AM3 CONDITION OF SUCH POLVEG. U6ArTG CHOWN MAY HAVE OCCN nMUCED BY PAD CLAOAZ. ETA TYDl Of INIIJI LAcc PDLICT Umsm FIXWY FFG ml WLTe L101IIIATIO L max BEIIEAALLLUIM - EGATTi • Za�O♦IOQ �G�4M%LAQ�A� corAME7ICIALf�E11 AALuhstLrY 7►Tg4530T10000 $/31/97 6/31190 0T5-�OFIPIOPACG � 1000000 _ i CLAIIAS MADE 1 0 L1R A PAL'UAY a 2000800 'PERSONALOV _ a,wr-wb0 unlrw�lun'e r VI I F1_C 0CC. A-emcp i 1U01}0a0 .�— .... � � hRC DAh7AlAny�Rrwl • '1Q�QaQ I I MEDEXPIA.. d..P.— I It 10000 ALFrO 1061LE LLALRLRY A K ANYAVTo JLTS4390770097 8/31/97 B/31/96 COM°INFOs�NGLJ uJN1T 1000000 I ALL DIPmED AU 1 OS BODILY INJURY SMIMULED AUTOS ow plism l HIRED AUTOS 80011Y INJU MOM-OWNCO At rvu IPBf 6.0dentl i • ••• 1 PRDPEIITY PIUTAGE f CAPWZ IIADIJTY AUTO ONLY • EA ACL'1j*m i _ /JJV AUTO OTHER T14AN ALRp ONLY: + . . Y I EACH ACCoWr _.... i AGiG�+EiiA7E 6 FZ1 I WWI Iry I EACH OcCu4GNCc 6 lSM1tOAEU.A FORM ACiGREG\TE 0 DTNER THAN IIMRRR.LA FOMA I —.. WMIMFEi COMPENSATION AND '� ` Y1C ST� Lt l r ►� ..... _ y g NriOVB.H' LJAmLlTV 967LTC439875 8 j3l/F7 8131/98 a.eAcMAcclaww 1 500000 rLDISFANG_ LtcYUMrr Tt'=rl+m+lrroar 6 500000 e,MOtP.3.3F] Aaleamve e�DraAsr-rr►tMrLOYE1 ARF_ CL s 500000 ( 6TNSL vcaual-rlo,l or oruwrlonalLacA'rluNsrrLn■�\w.rolT:caAl.ntAla Waiveor ai Or}lccayrti n incl.nded iu favor of city of LubbOCk, TCxea. j i F�4n��:..-....—. %._..�<k�` r ..:Kl:..^.5.. ... ^S.L: �:� �Si!.uk.�[t`�i..�xercrc��i7MnhN!`.`._ s^%r:e.:x RakJOX7+�L�::ua✓r.. a XDULD ANY DP THE ALOVr, cmunnAM ►OUCIES BE CARCV.Lm 6EMM TUC city- of Lubbock 01IMATION DATE THEAEUF, THU. NAL"M c01I ANY WILL eI)EAVOR 7o MAIL 1625 - 13tt0 ffrreet, ROCM L-04 'SO marg wn... mn KOME TO IME CETI - - HALM NAMMI) ?b 4Ne L$T. r,w&bbovk, .TX 75301 EUT FAILS TO MAID. 6UC" NUIR;_ ynAnL nwilililililil vvvvvvcr no 9p6MA7fDN CR LIAULM I wF ANY KIND UPOW 'THC "ItIVANr. I "WWM On neJW46CNTA1FRM. AVrMUIR PjPRjjATA-WE D01136ao8 l F. 03-05-95 l0:05 RECEIVED FROH:970 669 2932 P.02 THIS GI;K1I1`I(;AT1q 15 15SUED A$ A MATTEK OF INFORMASON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE .Aan Risk Services, Inc. of CO HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4100 E. Mississippi Ave. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 1500 COMPANIES AFFORDING COVERAGE Denver, CO 00222-3055 COMPANY 303-758-7600 A American Foreign Ins, Co. IROM COMPANY Hach Company B Royal Ins Cc Of America COMPANY C ATTN: Gary Dreher P.O. Box 389 COMPANY Loveland, CO 80639 �s T HIS IS TO CERT IFY THAT THE POLICIES OF INSURANCE LISTED BELOWHAVE BEENISSUED TO THE INSURED NAMED ABOVEFOR THE POLICY PERIOD INDICATED.NOTWITHST ANDINGANYREOUIREMENT.TEF"ORCONDITIONOF ANYCONTRACTOROTHEADOCUMENT WITHRESPECT TOWHICHTHIS CERTIFICATE MAY BEISSUEDORMAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LFAITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAMS. CO LTR TVPZOF MURANCE POLICYNUMM POLICTUMCTIVE DATE (MWDDIYV) POLICY EXPIRATION DATE (MMfDDIYV) LIMITS GENERALLIABLITY GENERAL AGGREGATE 1 2000000 PRO[)UCTS-COMP/OP AM 1 1000000 A X COMMERCIAL GENERAL LIABILITY ATS4530710000 8/31/97 6/31/98 Z7 CLAIMS MADE OCCUR PERSONAL L ADV IKMAJRWY S 1000000 OWNER'SL CONTRACTORS PROT EACH OCCUIWIENCE 1 1000000 FIRE DAMAGE (AM am fire) 0 100000 MED EXP (Any one person) 1 10000 AVTOMOGLE LIADLITV COMBINED SINGLE LIMIT A X. ANY AUTO ATN4398770097 6/31/97 6/31/96 1000000 BODILY INJURY (Per person) ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NOR -OWNED AUTOS BODILY IKXIRY (Per amidem) PROPERTY DAMAGE GARAGE LIA8LrrY AUTO ONLY - EA ACCIDENT ANY AUTO OTHER THAN AUTO -ONLV-. I EACH ACCIDENT AOQREQATE EXCESSLIAI3LrrV EACH OCCURRENCE UMBRELLA FORM AGGREGATE OTHER THAN UMBRELLA FORM A WORKERS COMPENSATION AND EMPLOVERS'LIABLffY THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE 96ATC439675 6/31/97 6/31/96 X1 STATUTORY LIMITS EACH ACCIDENT 500000 DISEASE -POLICY LIMIT 500000 DISEASE- EACH EMPLOYEE 8 500000 OFFICERS ARE: EXCL OTHER CRIPTION Of DPEA 710N SILOCATIONS 11VIE-HICLESISPECIAL ITEMS SHOULD ANV Of THE ABOVE DESCRU30 POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAL 30 DAYS WRITTEN NOTICETO THE CERTFICATE HOLDER NAMED TO THE LEFT, OUT FAILURE TO MAL SUCH NOTICE SHALL IMPOSE NO OGLIGAATION OR LIABILITY OF ANY KW UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED f.IEP PRE$ENTATIVE 002136000 ,. •::4:: .. :• :•, .. {.�::;}• „ : ,:.$ •.: : >.o. %:-:;e;:;i: :r��y.wry,..i.••....::.::.•.:.}S:Stv!}:•}}:•}:::{..'r?.C•:tr}:�A}}}}}}ii::::�i::::}:•::C:..:.:rvr.nr.r...rrr.rn.. r..:r::.. n•::. r.:r... rr. x.... cAIV�rG1� „ {:. ":}• n.:;:Y`'<s :� ':;::<s:;{: ,ur:�,.::!:;:.}::.:{ :..4{::.}:::.}< `D'AY>< .M :... .;.;r:.:?A,i'.:xf:'.-�::::%::�+�:':= r2�:t,`k3`::`;%.;•:{e `.p%•;t�'::;:;::y< - ................. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Ao n Risk Services, Inc. of CO HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4100 E . Mississippi Ave. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Suite 1500 COMPANY A American & Foreian Ins. Co. Denver, CO 80222-3055 303-758-7608 FiSURED COMPANY Hach Company B Royal Ins Cc Of America COMPANY ATTN: Gary Dreher P.O. Box 389 C COMPANY D Loveland, CO 80539 .<..V.7twIlMVFA7... ..:.... ............ .... .. Ar.....-... .:. •. .............:. ./.:{..::: :.:::::::::. :Sr.. ... .... r.. r.. : .........$ ..... ::.: .: ::'•�'i:::�. ::•f.,..4.. :::.�::::.W:.vxk•.•n•::::::::nv:nY:.v?r.•.4:::v:::�vv}in:.4:x::.�r..nvvv4.rm:v....:....v..{.w.•.w..n..mrn}nvrMv..........4}.n..{v.:.......: rr:.�n:?.:.v:........ �ivr.4:.v..:.r..:•.»x•.•�.iwkr:.nr::.•.•}}w �:vt r. :L4i:{::iih}::kt•}7v'G.vvi.4:.-:.- THIS IS T O CERTIFY THAT THE POLICIES OFNSURANCE LIST ED BELO W HA VE BEENISSUED TO THENSURED NAMED ABO VEFORTHE POLICY PERIOD NOICATED. NOTWITHST ANDINGANYREOUIREMENT.TERMORCONDITIONOF ANYCONTPACT OROTHERDOCUMENT WITHRESPECT TO WHICHTHIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWNMAY HAVE BEEN REDUCED BY PAID CLAMS. TYPE OF aiSURANCE POLICYNUMNM POLMV I FFECTIVE DATE (MMIDDIVY) POLICYEXPIiAT DATE (MMIDDIVY) LIMITS GENERALLIABLRY OENERAL AOOREOATE 1 2000000 PROOUCTSCO►P/OP AOO t 1000000 A X COMMERCIALOENERALLIABLITY ATS4530710000 6/31/97 8/31/98 CLAIMS MADE Q occuR PERSONAL L ADv INJURY f 1000000 EACH OCCURRENCE f 1000000 OWNERS L CONTRACTOR'S PROT FIRE DAMAGE (AN ene lire) f 100000 MED EXP (" one Per—) 10000 AUTOMOBILE LIA13LITr COMBINED SINGLE uwt = A X ANY AUTO ATN4398770097 6/31/97 8/31/96 1000000 BODILY INJURY (Per pef fO") f ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY (Per aooidenl) = PROPERIY DAMAOE _ GARAGE LIABILITY AUTO ON I.Y - EA ACCIDENT = ANY AUTO OTHER THAN AUTO ONLY: ................... EACH ACCIDENT AOOREOATE f EXCESS LIABLITT EACH OCCUiRENCE i UMBRELLA FORM AOOREOATE _ OTHER THAN UMBRELLA FORM _ A WORKERS COMPENSATION AND EMPLOYERsuaBLrTY THE PROPRIETOR/, PARTNERSIEXECUTIYE NIL OBATC439675 6/31/97 8/31/98 X STATUTORY LIMITS _ ... . EACH ACCIDENT _ 500000 DISEASE - POLICY LIMITt 500000 DISEASE - EACH EMPLOYEE t 560000 OFFICERS ARE: EXCL OTHER This covers thefollowing employees, who will be performing the installation of particle counters at the City of Lubbock, TX : Terry Smith, Randy Tweed, Gary Krueger and the subcontractor : Lubbock Electric :C TIFICA:E> .4, .!}:}i;:<C �:�.µ�:..,..:.��}.�:;.::.rr�.r..n..rrr��...�.�.r.r,r..w..�...�r.�.�..,�.�r��.wrr.�..:,.�:�.{.�..�:}:}:� tr q:>:}:.!»:«,}:<{.:{:;::::::.�:.::.::::::.�:::::.::::.::::.�:::._.:�.{.:{.:{{;.:::>}}:{<:.::{«.;:•i;}!!:{:{>.::}!:.!: ".w.�.r..r�.M..w.r..•.�.�rr�..�..�. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES DE CANCELLED BEFORE THE City of Lubbock UMPATKIN DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAL 1625 13th Street, Roan L-04 30 DAYS WRITTEN NOTICE TO THE CERTFICATE HOLDER NAMED TO THELEFT. Lubbock, TX 79401 BUT FALUM TO MAL SUCH NOTICE SHALL IMPOSENO OUO2ATION OR LIABLITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. 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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 coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; , (3) 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 contractors current certificate of coverage 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 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; (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, 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; (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 coverage 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 sample notice, without any additional words or changes: 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." (8) r "Cali 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 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. () a certificate of coverage, prior to the other person beginning work on the project; and (fi) 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; (17 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 (ten)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 (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. U ZI V F t CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered Into this 22"D day of January,1998 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Hach Company of the City of Loveland. County of Larimer and the State of Colorado hereinafter termed CONTRACTOR. r• 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: BID # 97269 - FURNISH & INSTALL ON-LINE PARTICLE COUNTERS AT THE WATER TREATMENT PLANT - $88,360.00 F I F I F r 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. 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 have executed this agreement in Lubbock, Lubbock County, Texas In the year and day first above written. A T: 7 S creta �J' AP ROVED AS TO NTENT: Owner's resentative APPROVED AS TO FORM: F - �� 4L i City Attorney ATTEST: _ C to Secretary _ TITLE: Vice President, Domestic Sales & Sexvic COMPLETE ADDRESS: Hach Company PO Box 389 Loveland, Colorado 80539 I F. �I GENERAL CONDITIONS OF THE AGREEMENT GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word Owner, 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 Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit HACH COMPANY who has agreed to perform the work embraced In this contract, or their legal representative. 3. OWNER'S REPRESENTATIVE ,•• Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative GARY ESSARY, WATER TREATMENT OPERATORS COORDINATOR, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on 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 inspection In accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents". 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is Intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's 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 the party who gives the notice. 8. CONTRACTOR'S RESPONSIBILITIES 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 shalt 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 described 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. r' C,. 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 copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. _. 12. MIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, If the work Is proceeding in accordance with the contract documents. -' Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES _ All lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems said lines and grades are 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 its work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or Its 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 has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. 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 the contract documents, and 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 decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. _ 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 fifteen (15)',calendar days make written appeal to the Owner's r Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that 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 bome by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's 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 Itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which In any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's r- Representative and Contractor. t Unless otherwise specified herein, all loss, expense or damage to 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 r work, shall be sustained and bome by the Contractor at its own cost and expense. 118. CHARACTER OF WORKMEN The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform f , Contractor In writing that any man or men on the work, are, in Owner's Representative's sole opinion, Incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary In the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the r Owner's Representative shall consent or 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. 7 M• 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 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 such 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 such 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 Representative has previously accepted the work through oversight or otherwise. If any such 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 such 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 approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and 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 the contract documents to make such Inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use In the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not In conformity with plans, specifications and/or 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 the contract documents. 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 actual expenses incurred In preparation for the work as originally planned. r- 24. EXTRA WORK The term "extra work" as used In this contract shall be understood to mean and include all work that may be required by the Owner or Owners 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 Contractors 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 Owners Representative when presented with a written work order signed by the Owners 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 lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been changed by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. In the event said extra work be performed and paid for under Method (C)(1), 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 changes 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 Owners Representative, or by them agreed to. Owners Representative may direct the form in which accounts of r the actual field cost shall be kept and records of these accounts shall be made available to the Owners Representative. The Owners 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 r• matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its 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 r Contractors 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." 4 No claim for extra work of any kind will be allowed unless ordered in writing by Owners Representative. In case r- any orders or Instructions appear to the Contractor to involve extra work for which Contractor should receive I compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owners 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, r and the Owners Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C)(1). If Contractor does not notify Owners Representative prior to the �.. commencement any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it Is the intent of the contract documents 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 Owners Representative. Notices of any discrepancies or omissions in r., these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the bids are received, and if no such notice is received by the Owners Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative prior to bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar 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 its 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 AND GENERAL INDEMNITY 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 codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attomeys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its 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 its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S 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) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self- insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its 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 the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. The insurance certificates fumished shall name the City as an additional insured, 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. It shall be the contractors responsibility to provide to the owner all A i f t proof of coverage Insurance documents Including workers compensation coverage for each subcontractor. A. General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $500,000 Combined Single Limit In the aggregate and per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard .r Contractual Liability Independent Contractors Coverage Personal Injury Advertising Injury B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. For bodily injuries, Including accidental death and or property damage, $500,000 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, $300.000 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 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 _ ° (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 12.00 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. b 1. Definitions: r Certificate of coverage ("certificate's - 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 Section 406.096, Texas Labor Code) - 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 401.011(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. 5. 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. 6 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 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. 8. 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 codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas o 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; r (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 (a) - (g), 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 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. 7 (3) The name of the policy and type or types of insurance in force thereunder on the date bome by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date bome 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 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 secured 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 codes 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 Contractors 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: 0 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 (ii) 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; (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 mall or personal delivery, within 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; (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 failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's. Compensation Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text 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 r� ` the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSAflON COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation Insurance. This Includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the Identify of their employer or status as an employee.' 'Cali the Texas Workers' Compensation Commission at 5121440-3789 to receive Information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employers 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 project, for the duration of the project; i) 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 following language: 'By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract Is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting 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."; (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 project; E� l (v) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (vi) 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 (vii) contractually require each other person with whom it contracts, to perform as required by paragraphs (I)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than fifteen (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, MATERIALMEN, AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnify provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter 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 fall 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, In addition to any statutory retainage rights It may have, 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. 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. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its officers, agents and employees 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, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an Infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. 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 affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor In paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to bidding and any necessary changes shall be adjusted as provided in the 7 ` contract for changes In the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the. Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor 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 r., 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. SUBCONTRACTING The Contractor agrees that It will retain personal control and will give its 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 its full obligations to the Owner, r, as provided by the contract documents. 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of r beginning and time for completion as specified in the contract documents, 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 as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractors total compensation, the sum of $5001.00 (FIVE HUNDRED) PER r DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range 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 the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. r IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS 1 OF THE ESSENCE OF THIS CONTRACT. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this 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 its own force, the Owners 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. TIME OF PERFORMANCE �- The Contractor agrees that it has submitted its 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 34 hereinabove set forth and C expressly agrees that It shall not be entitled to, nor will It request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owners 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. Any request for extension shall be in writing with the written request for same setting forth all justifications, In detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owners Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays In securing material or workmen, or any other cause or occurrence. 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 sole judgment of the Owner's Representative that Is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, 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. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, 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 Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 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 proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor 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 r., 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 Flo 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, Owner's agents and employees, 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 or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, 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. The determination of the partial payment by the Owner's Representative shall be In accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% 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 the contract documents. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to r enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. r 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided In this contract. 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's +,.., Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions In the contract documents shall relieve the Contractor of the r" obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties Implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor 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 certification of final completion by Owner's Representative. 46. PAYMENT WITHHELD ' The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed. (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, in the amount withheld, payment shall be made for amounts withheld because of them. 47. CLAIM OR DISPUTE 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) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, 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. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , 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 the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing 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 r.. 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 Its Surety shall pay the amount of such excess to the Owner, or r� (b) The Owner, under sealed bids, after notice published as required by law, at least twice In a newspaper } having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided In this contract. In case of any Increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety .. shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove 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, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification 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, if applicable, 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, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, 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, if applicable, 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, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar 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, if applicable. 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 r than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It Is expressly agreed and understood that the exercise by Owner of the remedies provided In this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to It, by law, equity, contract or otherwise, Including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or Its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the ' project which is the subject matter of this contract. �.. 50. 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 r $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. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 51. 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. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense 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 or from unusual obstructions or difficulties, naturally occurring, manmade or otherwise, which may be encountered in the prosecution of the work, shall be sustained and bome by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its 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 Contractor's performance and to cant' 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. 54. 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 Contractor shall remove all such debris and also its 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. r 1 i CURRENT WAGE DETERMINATIONS Resolution No. 5111 r' March 14, 1996 Item #19 f RESOLUTION ' WHEREAS, the City Council has heretofore established the general prevailing rate of i ; per diem wages for each craft or type of workmen or mechanics needed to execute public r i works contracts for the City of Lubbock in accordance with the provisions of Vernon's r i i Ann.Civ.St., Art. 5159a; and is r" !' WHEREAS, such wage rates were established by Resolution No. 719 enacted February i 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984, and further updated by Resolution No. 2502 enacted January 8, 1987; and r- I 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: rBE 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: r Exhibit A: Building Construction Trades Exhibit B: Paving and Highway Construction r Exhibit C. Overtime Rate Exhibit D: Weekend and Holiday Rate r- 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 r• such wage. rates shall be included in all public works contracts as provided by law. }an i Passed by the City Council this 14th ATTEST: &tt,- I I a& - Betty M. Anson, City Secretary APPROVED AS TO CONTENT: a4o� Mary AndrYws, Managing Director of Human Resources APPROVED AS TO FORM: afold Willard,"Assistant City Attorney H W : da/ccdocs/pubworks. res February 14, 1996 �I 7 Y / :":V City of Lubbock Building Construction Trades Prevailing Rates Craft Hourly Rate Acoustical Ceiling Installer 10.00 Air Conditioner Installer 11.00 Air Conditioner Installer -Helper 5.50 Asbestos Worker 8.00 Asbestos Supervisor 11.00 Bricklayer 11.00 Bricklayer -Helper 6.00 Carpenter 11.00 Carpenter -Helper 6.00 Cement Finisher 7.50 Drywall Hanger 10.00 Electrician 13.00 Electrician -Helper 6.00 Equipment Operator -Heavy 8.50 Equipment Operator -Light 7.50 Floor Installer 8.50 Glazier 8.00 Insulator-Piping/Boiler 9.00 Insulator -Helper 5.50 Iron Worker 8.00 Laborer -General 5.50 Mortar Mixer 5.50 Painter 9.50 Plumber 10.50 Plumber -Helper 6.00 Roofer 8.00 Roofer -Helper 5.50 Sheet Metal Worker 8.75 Sheet Metal Worker -Helper 5.50 Welder -Certified 10.00 Paving and Highway Construction Prevailing Wage Rates Craft Hourly Rate Asphalt Heaterman 6.00 Asphalt Shoveler 5.50 Concrete Finisher 7.35 Concrete Finisher -Helper 5.75 Electrician 10.50 Flagger 5.50 Form Setter 6.50 Form Setter -Helper 5.50 Laborer -General 5.50 Laborer -Utility 6.25 Mechanic 7.25 Mechanic -Helper 5.50 Power Equipment Operators Asphalt Paving Machine 7.00 Bulldozer 7•00 Concrete Paving Machine 7.00 Front End Loader 6.50 Heavy Equipment Operator 7.00 Light Equipment Operator 6.50 Motor Grader Operator 8.50 Roller 6.00 Scraper 6.50 Tractor 6.50 Truck Driver -Light 6.00 Truck Driver -Heavy 6.50 a_ 3:11: Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) is 1 1/2 times base rate. 14:I1: Prevailing Wage Rates Weekend and Holiday Rate The rate for weekend and holiday is 1 1/2 times base rate. ZE LL U W a W L� U_ — C---- L—, L- t - L-.: L__ L- - L--® t—. L-- L-:. [_--' L— 1- i—; L- l PM SPECIFICATIONS FOR ON-LINE PARTICLE COUNTER Sensor/Counter. The particle counter sensor shall be an on-line, real-time continuous monitoring instrument utilizing light extinction technology for sizing and counting particles. The sensor light source must be a solid-state laser diode (780 nm infrared) capable of counting particles from 2 to 800 microns. The system must be capable of sorting particles into 15 user -adjustable channels. The particle counter must have a maximum particle concentration limit of at least 20,000 particles/mL at 10% coincidence. Maximum concentration must be based on both optical and electronic coincidence �. limits. All sensors must be calibrated per ASTM 658. Calibration materials must be traceable to USA NIST. Sensor Count Matching. I All sensors must be count matched during factory calibration to guarantee performance of t 10% k from sensor to sensor. Calibration Verification. The sensor must facilitate a simple on -site calibration verification procedure by the user to validate the sensor is sizing and counting particles correctly. The calibration verification process should not require the sensor to be taken off-line. Sensor)/0. Each sensor shall provide five 4-20 mA output signals representing particle counts in adjustable size f ranges, total counts, and flow or sensor status. The sensor shall have the option of accepting two 4-20 mA input signals from other instruments such as turbidimeters. The particle counter system must also offer network hardware that will accept additional 4-20 mA input signals from other instruments. Internal Flowmeter. The particle counter system must offer the option of an internal flow meter that will continuously monitor flow and notify the controlling system if the flow rate is below or above acceptable limits. r„ Diagnostics. 1 The sensor must track and indicate its need for periodic cleaning or maintenance automatically, either by communicating to the dedicated data acquisition system (computer) and/or by external alarm light. Each sensor shall have a LED indicator for power, sensor, sample cell and flow status (for sensors with an internal flow meter). Sample Cell. The particle counter sensor flow cell must be made of sapphire, which allows brush cleaning without damaging the wetted surfaces and minimizes mineral deposits on the optical surfaces. t There shall be no quartz wetted surfaces which require frequent cleaning and/or replacement. l Quartz wetted surfaces also have a tendency to stain or form deposits resulting in poor performance or failure. To avoid clogging and maintain high concentration limit the sensor sample cell shall be no smaller than 1 x 2 mm in size. The sensor sample cell must be suitable for brush F cleaning and accept a sample flow rate of 200 mL/min. Slower sample rates will not be accepted due to the possible setting of suspended particles resulting in clogged sample cells and high maintenance. A capillary cleaning brush must be included with every sensor. There shall be no aluminum, brass or other materials which cause corrosion and optical surfacing fouling. Constant Head Device. The particle counter must include a highly effective and reliable constant head device that reduces or eliminates bubbles and ensures a constant flow of 200 mL/min. into the sensor. The constant head device should not require the use of a valve or other line restrictions. The constant head device height must be less than 43.2 cm 0 7 inches) of water. The constant head device must accept a flow rate between 300 - 1000 mL/min. and come with a 40 mesh screen. The constant head device shall be partially made of transparent material for easy visual inspection and verification of flow. Compliance. All sensors shall be designed to meet the UL/CSA safety and CE standards for both national and international safety and emission requirements. Enclosures. All particle counter sensor components including power supply shall be housed in one module. All AC power shall be isolated from all wetted surfaces. The sensor, wetted surfaces and all electrical components shall be housed in a NEMA-4X (indoor), IEC 529 IP66 enclosure with quick connect fittings. Communication. The particle counting system shall communicate using RS485 Serial Communication. The particle counter must communicate directly to a dedicated data acquisition system (computer) without requiring any intermediary control unit. Sensors or other network devices may be located up to 4000 feet from the data collection system (computer). The sensor must be designed so that a sensor may be disconnected, removed for calibration or service, without interrupting the data transmission from other sensors. Junction boxes are not required. Warranty. The manufacturer shall warrant the particle counter against defects in materials and workmanship for a period of one year from the date of shipment. Advanced Software. The software shall provide data displays that include real-time and historical plots, real-time and historical tabular displays, sensor status and system events. The sensor status display shall indicate customer alarm conditions by color change and flashing title bar. The tabular display shall include the sample point name, instrument status, most recent value, minimum, maximum, average and standard deviation for each channel of each sample point. Software must be able to support at least 32 particle counters per computer. The software shall offer a map function to permit custom plant process diagram entry and display with on -screen sensor data readout and alarm indication. The map shall have "zoom" capability to permit complete process system or specific filter area viewing with readable sensor outputs. In addition, the displayed map shall include real-time sample points indicating measured value. Three dimensional bar graph histogram capability also shall be included to allow display of particle counts over all size channels for a single sensor, particle counts from several sensors and the relationship among dissimilar data items. Calculated Sample Points (CSP) shall be permitted to report log removal and percent efficiency. Statistical operations such as average, minimum, maximum, standard deviation and total shall be included. There shall be four programmable alarm levels for each sensor. Each state of alarm shall be displayed by changing the displayed result background and type colors. System event and event warning conditions also shall be displayed by changing the display background and type color. The sample alarm and event warning notification priority shall be selectable by the user. On-line help shall include "topic specific" help information from within window dialog boxes. Help information shall be accessible via the tool bar and menu. Simultaneous multiple data viewing capability shall be permitted. For example, graphics tabular spreadsheet and histogram data presentation shall be displayed simultaneously when needed. Automatic cascade and tile screen presentations shall be selectable in a manner equivalent to Microsoft Windows operating system. Display size and positioning shall be controlled and sized by clicking and dragging with the mouse. The software shall include internetworking to permit multiple systems to provide remote analysis of system data. TCPAP communications interface for connection to third party SCADA type packages shall be provided. General: Manufacturer shall furnish, test, and provide training for on-line particle counters, and computer control software. Manufacturer shall also final test all particle counters at plant site. r r