HomeMy WebLinkAboutResolution - 3835 - Contract - Comfort Masters Inc - HVAC Renovations, LMCC - 03_12_1992Resolution No. 3835
March 12, 1992
Item #21
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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 Comfort Masters Heating & A/C, Inc. for HVAC
renovations at Lubbock Memorial Civic Center, attached herewith, which shall
be spread upon the minutes of the Council and as spread upon the minutes of
this Council shall constitute and be a part of this Resolution as if fully
copied herein in detail.
Passed by the City Council this 12th day of
ATTEST:
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APPROVED AS TO CONTENT:
e a s, u c asing Manager
APPROVED AS TO FORM:
Xfold Willard-, Assistant'City
Attorney
CCMFORT AESM-Agend a
March , 1992.
C
McMrNN_,MAYOR
CITY OF LUBBOCK
SPECIFICATIONS
FOR
H.V.A.C. RENOVATIONS
BID 1 11806
I L CITY OF LUBBOCK
ir
Lubbock, Texas 5 4383S
Office of
Purchasing
t City of Lubbock
t P.O. Box 2000
Lubbock, Texas 79457
r• 806-767-2167
MAILED TO VENDOR: February 20, 1992
CLOSE DATE: February 26, 1992 at 2:00 p.m.
Bid #11806 - Civic Center HVAC Renovations
Addendum #1
i Please modify or amend Contract Documents as follows:
BID ITEM NO. 1
1. In the Specifications: Heater Section on Page 2, add as follows:
The hot water coil capacity shall be for heating 30,000 CFM from
Oo F to 720 F.
2.
In the Specifications: Supply Fan Section on Page 2, add as
follows: The fan capacity shall be 30,000 CFM against a total SP
of 2" WG with a 15 HP, two speed, two winding, 1800/900 RPM motor
wound for 460 volts, 60HZ.
3.
In the Specifications: Evaporative Air Washer Section on Page 2,
add as follows: The media shall have approximately 64 square
feet of face area with capacity of 30,O0O CFM at a maximum
velocity less that 500 FPM.
4.
In the Specifications: Filter Section on Page 3, add as follows:
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The media shall have approximately 64 square feet of face area
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with capacity of 330,000 CFM at a maximum velocity less than
500 FPM.
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S.
In the Specifications: Roof Curb Section on Page 3, add as
follows: The Contractor shall provide the roof curb to roofing
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Contractor and pay him for its installation.
6.
In the Specifications: Installation Section on Page 4, add as
follows: The Contractor shall install the new return air grilles
in the ceiling approximately in the location shown. Remove the
existing ceiling outlet and ductwork and cap the duct as shown.
Remove surface lighting fixture(s) as required in the area and
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deliver the fixtures to Civic Center personnel.' Exercise care in
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cutting the plaster ceiling, so that all raw edges will be covered
by the plaster frame of the grilles.
7. In the Specifications: Add Ductwork on Page 4 as follows: All
ducts shall be constructed of galvanized steel sheets in
accordance with recommended commercial construction insofar as
gauges of metal to be used, bracing of joints and joint
construction as established in the latest edition of the ASHRAE
HANDBOOK.
Duct construction details shall conform to "HVAC Duct Construction
Standards, Metal and Flexible" SMACNA 1985.
Make square elbows where shown or required, with factory
fabricated turning vanes. Make all other changes in direction
with rounded elbows having centerline radius equal to 1 1/2 times
the duct width in plane of the bend.
Duct supports on the roof shall be essentially as shown and their
footing shall be compatible with the roofing system. This
Contractor shall provide the duct supports and coordinate their
compatibility with the roofing Contractor and pay him for their
installation.
All ducts shall be sealed to provide airtight construction. Metal
surfaces to be joined shall be clean dry and free of dirt or
grease. Apply a heavy coat of Kingco Seal Rite 18-120 to the
interior metal surface of the slip joint, then interlock in place
metal duct sections. Apply a heavy coat of 18-120 to the exterior
metal surface duct joint, ensure all voids are filled to secure a
continuous air pressure seal. Allow sealant to dry a minimum of
48 hours before pressurization.
8. Replace the previously issued drawing with the revised drawing.
the ductwork in the kitchen ceiling and the outlets are chosen.
All existing roof curbs are by the Roofing contractor. Existing
ducts through the roof will remain. The contractor shall cut
these existing ducts off at lease 6" above the counter flashing
and connect the new ducts at that point with a weather tight seal.
BID. -I EM N . 2
In the Specifications, Alternate Bid Item No. 1, General
Requirements Section on Page 1, add as follows: The requirement
to meet IRI does not require a label. The intent is to keep the
existing IRI has safety trains in service and to replace the
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existing atmospheric burners with new power burners that a re
i compatible with the existing'IRI safety trains. The new burner
should also be manufactured in accordance with IRI standards.
E
Thylq you,
E
Ron Shuffie
(' Buyer
1 PLEASE RETURN ONE COPY WITH YOUR BID.
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CITY OF LUBBOCK
SPECIFICATIONS
for
TITLE: H.V.A.C. RENOVATIONS
ADDRESS: 1501 6TH STREET
i BOSTON STREET
BID NUMBER: 11806
PROJECT NUMBER: 1491-551190-9667
CONTRACT PREPARED BY: Purchasing Department
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INDEX
PAGE
NOTICETO BIDDERS..........................................................................................3
GENERALINSTRUCTIONS TO BIDDERS............................................................................5
BIDPROPOSAL - BID FOR LUMP SUM CONTRACTS.................................................................10
PAYMENTBOND..............................................................................................14
PERFORMANCE BOND..........................................................................................17
CERTIFICATE OF INSURANCE..................................................................................20
CONTRACT..................................................................................................22
GENERALCONDITIONS OF THE AGREEMENT.......................................................................24
CURRENT WAGE DETER#IINATIONS...............................................................................42
SPECIFICATIONS.............................................................................................43
SPECIALCONDITIONS........................................................................................44
NOTICE OF ACCEPTANCE......................................................................................45
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NOTICE TO BIDDERS
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NOTICE TO BIDDERS
610 9 11806
Sealed proposals addressed to Gene Eads, C.P.M., Purchasing Manager, City of Lubbock, Texas, will be
received at the office of the Purchasing Manager, 1625 13th St., Room L-04, Lubbock, Texas, 79401, until
2:00 o'clock p.m, on the 2§th day of February. 1992. or as changed by the issuance of formal addenda to all
t planholders, to furnish all labor and materials and perform all work for the construction of the following
described project:
CIVIC CENTER H.M.C. RENOVATIONS
After the expiration of the time and date above first written, said sealed proposals will be opened
by the Purchasing Manager at his office and publicly read aloud.
It is the sole responsibility of the bidder to insure that his bid is actually in the office of Gene
Eads, Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written.
The City of Lubbock will consider the bids on the 12th day of March. 1992,, at Municipal Bldg.,
�. 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
and payment bond in accordance with Article 5160, Vernon's Ann. Civil St., in the amount of 100% of the
total contract price in the event that said contract price exceeds 525,000.00. said statutory bonds should
! be issued by a company carrying a current @gsl Ratirw of f. or superior, as the rating of the bond company is
a factor that will be considered in determination of the lowest responsible bidder. If the contract price
does not exceed $25,000.00 the said statutory bonds will not be required.
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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 proposal bond from a
reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less
than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and
execute all necessary bonds (if required) within 10 days after notice of award of the contract to him.
It shall be each bidders sole responsibility to inspect the site of the work and to inform himself
regarding all local conditions under which the work is to be done. It shall be understood and agreed that
all such factors have been thoroughly investigated and considered in the preparation of the bid submitted.
The plans, specifications, proposal forms and contract documents may be examined at the office of
the Purchasing Manager for the City of Lubbock, Texas.
Attention of each bidder is particularly called to the schedule of general prevailing rate of per
diem wages included In .the contract documents on file in the office of the Purchasing Manager of the City of
Lubbock, which document is specifically referred to in this notice to briers. 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 to this invitation and will not be discriminated against on the grounds of race,
color, sex, or national origin in consideration for an award.
There will be a pre -bid conference on j9thday of February. 1992, at 10:00 o'clock a.m., Lubbock
Memorial Civic Center, Terrace Suite, 1501 bth Street, Lubbock, Texas.
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CITY OF LUSSOCK
BY: Gene Eads, C. M.
Purchasing Manager
ADVERTISEMENT FOR BIDS
BID # 11806
Sealed proposals addressed to Gene Eads, C.P.M., Purchasing Manager, City of Lubbock, Texas, will be
received at the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Roan L-04, Lubbock,
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Texas, 79401 until ,?:00 o'clock P.m. on the 26th day of February. 1992, or as changed by the issuance of
formal addenda to all planholders, to furnish ell labor and materials and perform all work for the
construction of the following described project:
FCIVIC CENTER H.M.C. RENOVATIONS
After the expiration of the time and date above first written, said sealed proposals wilt be opened
by the Purchasing Manager at his office and publicly read aloud.
The plans, specifications, proposal forms and contract documents may be examined at the office of
the Purchasing Manager for the City of Lubbock, Texas.
Attention of each bider is particularly called to the Schedule of General Prevailing Rate of Per
Diem pages included in the contract documents on file in the office of the Purchasing Manager of the City of
1 Lubbock, Texas. Each bidder's attention is further directed to the provisions of Article 5159a, Vernon's
Ann. Civil St., and the requirements contained therein concerning such wage scales and payment by the
contractor of the prevailing rates of wages as heretofore established by the City of Lubbock.
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 wilt be afforded equal opportunities to
submit bids in response to this invitation and will not be discriminated against on the grounds of race,
color, sex, or national origin in consideration for an award.
r, There will be a prebid conference on 19th day of February. 1992, at 10:00 o'clock a.m., Lubbock
Memorial Civic Center, Terrace Suite, 1501 6th street, Lubbock, Texas.
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I BY: Gene Eads, C.P6MI"
�+ PURCHASING MANAGER
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GENERAL INSTRUCTIONS TO BIDDERS
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GENERAL INSTRUCTIONS TO BIDDERS
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1. SCOPE OF WORK
The work to be done under the contract documents shall consist of the following:
H.M.C. renovations to the Lubbock Memorial Civic Center, 1501 6th Street and the Lubbock Cooiseum, 600
Boston, Lubbock, Texas.
The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to
complete this project in accordance with contract documents.
2. CONTRACT DOCUMENTS
All work covered by this contract shall be done in accordance with contract documents described in the Gen-
eral, 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. TIME AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed within 90 (NINETY) calendar days
7from 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
7 determined by the City that the progress of the work is not in accordance with the progress schedule so sub-
mitted, the City may direct the Contractor to take such action as the City deems necessary to insure comple-
tion of the project within the time specified.
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5. PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of
the contract documents.
6. 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.
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7. 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 pro-.
tecting 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 provi-
sion. The specifications for materials and methods set forth in the contract documents provide minimum
standards of quality which the Owner believes necessary to procure a satisfactory project.
8. GUARANTEES
All equipment and materials incorporated in the project and all construction shall be guaranteed against de-
fective 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).
4. 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 di-
rectly to the Contractor. The Contractor shall then distribute copies of plans and specifications to sup-
pliers, subcontractors or others, as required for proper prosecution of the work contemplated by the con-
tractor.
10. PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materi-
als, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construc-
tion, 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 re-
serves the right, after the bids have been opened and before the contract has been awarded, to require of a
bidder the following information:
(a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by
the proposed contract and all work in progress with bond amounts and percentage completed.
(b) A sworn statement of the current financial condition of the bidder.
(c) Equipment schedule.
11. TEXAS STATE SALES TAX
This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions
of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act.
The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the ma-
terials to be incorporated into the work without paying the tax at the time of purchase.
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.12. PROTECTION OF SUBSURFACE LINES AND STRUCTURES
It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in
such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines,
conduits or other underground structures which might or could be damaged by Contractor during the construc-
rn tion of the project contemplated by these contract documents. The City of Lubbock agrees that it will
fur-nish Contractor the location of Al such underground lines and utilities of which it has knowledge. How-
ever, such fact shalt not relieve the Contractor of his responsibilities aforementioned. All such under-
ground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by
this contract shell be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas,
at Contractor's expense.
r' 13. SARRICAVES AND SAFETY MEASURES
The contractor shell, at his own expense, furnish and erect such barricades, fences, lights and danger sig-
nets, and shell 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 re-
placed by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barri-
cades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of
acceptance of the project.
14. EXPLOSIVES
The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor
from the City. In all cases where written permission is obtained for the use of explosives, the Contractor
shell assume full responsibility for all damage which may occur as a direct or indirect result of the blast-
ing. 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
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contract, it shall be the duty of the Contractor to notify each utility company having structures (above or
below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such
notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem
r" necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of
responsibility for any damage resulting from his blasting operations.
15. CONTRACTOR'S REPRESENTATIVE
The successful bidder shall be required to have a responsible local representative available at all times
while the work is In progress under this contract. The successful bidder shall be required to furnish the
T name, address and telephone number where such local representative may be reached during the time that the
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work contemplated by this contract is in progress.
�. 16. INSURANCE
The Contractor shalt not corTwnce work under this contract until he has obtained all insurance as required
in the General Conditions of the contract documents, from an underwriter authorized to do business in the
State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City.and written
notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or
change. All policies shell contain an agreement on the part of the insurer waiving the right to subroga-
tion.
The insurance certificates furnished shall name the City as an additional insured and shall further state
that all subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a
statement from the Contractor to the effect that no work on this particular project shall be subcontracted.
17. 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 there-
under. The inclusion of the schedule of general prevailing rate of per diem wages in these contract docu-
ments does not release the Contractor from compliance with any wage law that may be applicable. Construc-
tion work under this contract requiring an inspector will not be performed on weekends or holidays unless
the following conditions exist:
(1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary
service to its citizens.
(2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is
approaching the penalty provisions of the contract and Contractor can show he has made a diligent
effort to complete the contract within the allotted time.
Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor
must notify the Owner's Representative not less than three full working days prior to the weekend or holiday
he desires to do work and obtain written permission from the owner's Representative to do such work. The
final decision on whether to allow cons;ruction work requirinxg an inspector on weekends or holidays will be
made by the Owner's Representative.
1n 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.
18. 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 deduc-
tions (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.
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The Contractor shell 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 them wages included in these contract documents.
PROVISIONS CONCERNING ESCALATOR CLAUSES
Proposals submitted containing any conditions which provide for changes in the stated bid price due to in-
creases or decreases in the cost of materials, labor or other items required for the project will be re-
jected and returned to the bidder without being considered.
PREPARATION FOR PROPOSAL
The bidder shall submit his proposal on forms furnished by the City. All blank spaces in the form shall be
correctly filled in and the bidder shall state the price both in words and funerals, for which he proposes
to do the work contemplated or furnish the materials required. Such prices shall be written in ink, dis-
tinctly 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 shell govern. If the proposal is submitted by an indi-
vidual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm,
association, or partnership, the name' and address of each member must be given and the proposal signed by a
member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by
a company or corporation, the company or corporate name and business address must be given, and the proposal
signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign
proposals must be properly certified and must be in writing and submitted with the proposal. The proposal
shall be executed in ink.
Each proposal shell be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and
endorsed on the outside of the envelope in the following manner:
(a) Bidder's name
(b) Proposal for (description of the project).
Bid proposals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids,
but no proposal may be withdrawn or altered thereafter.
` BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the fol-
lowing:
(a) Notice to Bidders.
(b) General instructions to Bidders.
(c) Bidder's Proposal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(1) Insurance Certificates.
M ALI other documents made available to bidder for his inspection in accordance with the Notice to
Bidders.
If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered
Incorporated by reference into the aforementioned contract documents.
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_DATE 2-7.5--�1°OZ
PROJECT NO. 3.1806
BID PROPOSAL
BID FOR LUMP SUMCONTRACTS
Proposal of Confort *Tast2rs Veatiny & A/C, Inc. (hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called owner)
Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction of a
instal.lation and burner repair/replacement
'N'a'ce-uo air unit
having carefully examined the plans, specifications, Instructions to bidders, notice to bidders and all other re-
lated contract documents and the site of the proposed work, and being familiar with all of the conditions surround-
ing the construction of the proposed project including the availability of materials and Labor, hereby proposes to
furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifica-
tions 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, of which this proposal is to be
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a part, is as follows:
MATERIALS: (S )
SERVICES: (S )
BID ITEM ill:Fifty five thousand four hundred fifty twcQz 55,452.00 )
(Packaged Rooftop Makeup Air Unit)
Y
MATERIALS: (S )
SERVICES; (S )
810 ITEM N2: Three thousand seven hundred sixteen (S 3,716.00 )
(Repair, Adjust and Test Burners/Controls)
MATERIALS: (S )
SERVICES:
ALTERNATE NT: Twenty one thousand and no/100 (s 21,000.00
(ADO: replace, adjust and test burners/controls in Bid item NJ)
Amount shall be shown in both words and figures. In case of discrepancy, the amount shorn in words shall govern.)
Note:Make-up air unit will ship in 10 weeks,total completion time
will be 90-110 days.
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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 90 (NINETY) 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 $100.00 (One Hundred dollars) for each consecutive calendar day in
excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general
conditions of the contract documents.
Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with in-
struction number 20 of the General instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in
the bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar
days after the scheduled closing time for receiving bids.
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.
Enclosed with this proposal is a Cashier's Check or Certified Check for
Dollars (S ) or a proposal Bond in the sum of $2 , 960 . 00 ( 5%Dollars (S ),
which it is agreed shall be collected and retained by the owner as liquidated damages in the event the proposal is
accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond
(if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said
proposal; otherwise, said check or bond shall be returned to the undersigned upon demand.
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all con-
tract documents made available to him for his inspection in accordance with the Notice to Bidders.
i
Comfo.. asters HVAC
r r
BY:
Glenn Davis,President
(seal if Bidder is a Corporation)
ATTEST:
hens
Scott Stle Secretary P
JJJJIJ11111 S I i1'�►',s''' •,
i
6 '
l
This form shall be c2Mt eted and submitted with the Bidder's Arocosal.
i. AMCO Electric Co.
z.Combustion Services Co.
3. Lydick Roofing Co.
6.
a 5.
6.
1 u
1 e.
9.
10.
em
a
Minority owned
Yes No
_ X
- .X.
a
f The
r�rmq rD FIDELITY AND DEPOSIT COMPANY OF MARYLAND
E nles COLONIAL AMERICAN CASUALTY AND SURETY COMPANY Cmmpa
HOME OFFICES: P.O. BOX 1227 BALTIMORE, MD 21203
4 BID BOND
KNOW ALL MEN BY THESE PRESENTS:
i
That we, -COMFORT MASTER HEATING AND AIR CONDITIONINGS INC_,__
r (Here insert the name and address or legal title of the Contractor)
1' PO BOX 93452
LUBBOCK, TX_ 79493
as Principal, (hereinafter called the "Principal"),
an COLONIAL AMERICAN CASUALTY _& SURKTV Baltimore, Maryland, a corporation duly organized
(Here insert the name of the Surety) COMPANY
under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety") are held and firmly bound unto
TIiE�2TY OF LUBBOCK
(Here insert the name and address or legal title of the Owner)
BOX �2000
LUBBOCK TX 79401 _ --____—_..__..-_as Obligee, (hereinafter called the "Obligee"),
,-, in the sum of__FIVa__PXM _CENZ_QE_BID_ I —Dollars ($_51__ 1F__BID ),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs,
t executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
lj.. WHEREAS, the Principal has submitted a bid for_JLVAC__RFMVATION._=__C=C_CERTEB �.
l
F_RQ.J BOT_�
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract
with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding
or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt
r payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter
into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed
the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good .
.• faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void,
otherwise to remain in full force and effect. \; ; t , ` i ; ; ' •,
Signed and sealed this --- 2.4T13__ _ .____._..___..___ ____ _day of �_F�gRI1Auv _.__ _ _.___. _ A.b;f� l9 32 ?'
_ ^- --__ _ _ - __ __ _ _____ _ (SEM)
�� n Principal
Witness
4 Glenn Davis,President
Title .+..-_
r
:. O FIDELITY AND DEPOSIT COMPANY OF MARYLAND '
IN COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
Surety
�(SEA> )'
Witness ATTORNEY —IN —FACT Title
C323b(r*-5w. 11.91 2330TT
Conforms to American Institute of Architects IMnrmem A-310,
February 1970 Edaion.
i
Fidelity and Deposit Company
OF MARYLAND
Colonial American Casualty and Surety Company
HOME OFFICES: BALTIMORE
BID BOND
69 LL
�Q
z
0
O
z
PLEASE READ YOUR BOND
Try FIDELITY AND DEPOSIT COMPANY OF MARYLAND
c COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
Companies HOME OFFICES: BALTIMORE. MD. 21203
POWER OF ATTORNEY
Ktiow ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY. corporations of the State of Maryland, by C. M. PECOT, JR. , Vice -President,
and C. W. ROBBINS , Assistant Secretary. in pursuance of authority granted by Article VI, Section 2 of
the respective By -Laws of said Companies, which are set forth on the reverse side he eof and are hereby certified to be in full force
and effect on the date hereof, do hereby nominate, constitute an, oint ChaV C. Quisenberry and Sandra
Burdette, both of Lubbock, Texas, EACH. ..., t`� .....
t rue and JawrUT—agentand Attorney -in -Fact of eacAto"execas its act and deed: any and all bonds antakExecutors, Community Survivors annit_ rdians
e execution of such bonds or undertakings i
-nce of fftd
ents, shall be as binding upon said Companies, as fully
and amply, to all intents and purposes, as if the o ft,-
n duly and acknowledged by the regularly elected officers of
the respective Companies at their offices in B e, Md.. ' r own proper persons. This power of attorney
revokes that issued on beha Chari�. Quisenberry, etal, dated, April 26, 1989.
, o
` IN WITNESS WHEREOF, the said Vi idents an rant Secretaries have hereunto subscribed their names and affixed
the Corporate Seals of the said FlD AND DE ❑MPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND
r" SURETY COMPANY this--_-_.___l.�t_—w___--__ ________—day of_ _ _-____Jnuary-----_--------------- A.D. 1991_
ATTEST: IELITY AND DEPOSIT COMPANY AIAR ' AND
By.--_-___.---------- f----------
ti , Assistant Secretory ce-President
COLONIAL AAiERICAN CASUALTY AND TY NIPANY
SEAL.i) ---Lo _--
{ -- -----
e Assistant Serrera------ __ By ------------------ ice -Presider t - -
r
STATE OF MARYLAND I
i CITY OF BALTIMORE t SS: 116
On this 1St day of January . A.D. 19 92, before the subscriber, a Notary Public of the State of Maryland. in and
7 for the City of Baltimore, duly commissioned and qualified, came the above -named Vice -Presidents and Assistant Secretaries of the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally
known to be the individuals and officers described herein and who executed the preceding instrument, and they each acknowledged the execution
bf the same, and being by the duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid,
and that the seals affixed to the preceding instrtmrent are the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures
as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and afrixed my Official f Ba no the a ar y rst above written.
►� ■orur s __- - - - J "crrary PuGlir C�
• AROL J. FADER
� r •
. � d
�•,��+ My commission expires_--.AuggsC-_11992-_--_-__-_--_-
CERTIFICATE
1, the undersigned Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct
copy, is in full force and effect on the date of this certificate, and I do further certify that the Vice -Presidents who executed the said Power of Attorney
r' were Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2 of the
respective By -Laws of the FIDELr Y AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY
COMPANY.
r This certificate may be signed by facsimile under and by authority of resolutions of the Board of Directors of the FIDELITY AND DEPOSIT
COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969 and of the Board of Directors of the COLONIAL
AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the'5th day of December, 1991.
RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore
or hereafter, whenever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Com-
pany with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF. I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this
DTI ----,day or__-'EBRUARY------------ ------- t9-_92
7 —W-0-0 9; 168-5158 !...,
- --------- - -
Assistanr Srcrrfun�
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -
Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Commmittee, shall have
power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents,
Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons
to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds,
and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal
of the Company thereto."
EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -
Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have
power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents,
Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons
to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds,
and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal
of the Company thereto."
l9
L1419cMY-:1C
r
(THIS PAGE LEFT BLANK INTENTIONALLY)
ti
r
P_
i
The FIDI
+ V TIDI
IV
Companies HOME
TY AND DEPOSIT COMPANY OF MARYLAND
AND DEPOSIT COMPANY
: BALTIMORE, MD. 21203
BOND#30435160
STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160
OFTHE HE REVISED CIVIL STATUTES OF TEXAS AS
AMENDED BY ACTS OF THE 56TH LEGISLATURE, 1959
Pe salty of this bond must be 100% of Contract amount)
KNOW ALL MEN BY THESE PRESENTS:
BOND CHECK
BEST RATING
LICENSE I TEXAS
DATE L gY
That, ._ CQ1.!' FQ1RT__ZAST4__,HEAT1NG ._ACID--AIR-_1wQNDIT-IORIhIG-.-__IXC,---------------------------------
(Ilere insert the [tame and address or legal title of the Contractor)
PO BOX 93452 UBBOCK _ TX 79493. (hereinafter called the Principal), as Principal,
and.....F DILL Y.. Nh. EPQ,SIT...QQ.NFAt9Y..Q..A&BYLAW)......................................................
(here Insert the name of the Surety)
a corporation organized and existing under the laws of the State of Maryland, with its principal office in the
City of Baltimore, (hereinafter called the Surety), as Surety, are held and firmly bound unto --_-----_----------
THE CITY OF LUBBOCK
------------------•-----•------------------------.-------------------------------------------- ---------------------------------------------------
(Ilere Insert the name of the Obligee)
BOX- 2000 LUBBOCTX 79401 ______________________________(hereinafter called the Obligee),
- - - - -------------------------------------
in the amount of_._.B.EVEN Y-SIX.-THO-USAND-.-F.QUR--IiUNDREIl__AND._YIFTY-TWD..DDLLARS
here Insert an amount equal to the total contract price
AND NO 100/-------------------------------=- 76 452 00
.................-_ - - . -• -- -- --- ----....... -• ------ --•----•--......_.......... ._......._._..__Dollars $ z r
for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators,
executors, successors and as igns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the
..................................l2 .rh .................................day of ................. MARCH ......... ..._... R......... .......................
i9.g
to HVAC RENOVATIO+I - CIVIC CENTER PROJECT #11806
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 pay all clainants supplying labor and material to him 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 Article 5160 of the
Revised Civil Statutes of Texas, and all liabilities on this bond to all such claimants shall be determined in
accordance with the provisi( ns of said Article to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this
-19 TH ....................... ............. k.......... day of........ MARCH.....................................19..91..
WITNESS:
ATTEST:
(IF INDIVIDUAL OR FIRM)
(SEAL)
............................................................................... SEAL)
.L .. .................»... �.._..,_ .(SEAL)
CORP.................... {, Principal
.............:.........._ ...... .. .... (SEAL)
IF HIRP &TIONlusp a3
91 FIDELITY AND DEPOSIT COMPANY OF 1V1AR.YI-,AND -
❑ FIDELITY AND DEPOSIT CO PAN
I Surety
...J_J, 2 -......................... B .................................. _.. .--------•..,_.. ..--.(SEAL)
r.en�ni.rmvt_
�. ATTORNEY -IN -FACT
.,
I
PM
The FIDELITY AND DEPOSIT COMPANY OF MARYLAND
.D COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
0
HOME OFFICES: BALTIMORE, MD. 21203
POINTR OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the F1DEl.1TY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, corporations of the State of. Maryland, by C. M. PECOT, JR. , Vice -President,
and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of
the respective By -Laws of said Companies, which are set forth on the reverse side he eof and are hereby certified to be in full force
and effect on the date hereof, do hereby nominate, constitute anoint Cha o' 7 Quisenberry and Sandra
Burdette, both of.Lubbock, Texas, EACH._ .... � ,.... .,.
Me true And lawfuTagent and Attorney -in -Fact of eachOwe xecute,s.{i deliver, for. and on itsbehalfas surety,and
as its act and deed: any and all bonds andakin ° $''EXCEPT bonds on behalf of Independent
Executors, Community Survivors andity dians -.
ti
AMCe execution o such bonds or undertakings in nce of th sents, shall be as binding upon said Companies, as fully
and amply, to all intents and purposes, as if the o a en duly a ed and acknowledged by the regularly elected officers of
the respective Companies at their offices in B e, Md., ' own proper persons. This power of attorney
revokes that issued on beha Char1��. Quisenberry, etal, dated, April 26, 1989.
0
IN WITNESS WHEREOF, the said Vi idents an tant Secretaries have hereunto subscribed their names and affixed
the Corporate Seals of the said
'�tr FID AND DEP OMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND
SURETY COMPANY [his____T—. it _ __ _ —�f%,X--------day of _ M_ January __- A.D. 1992.
ATTEST: ELITY AND DEPOSIT COMPANY MAR ' AND
BY---- — ---- -- -------1-----------------------
.issisttnt Secretary 4 ce-President
COLONIAL AMERICAN CASUALTY AND TY MPANY
s'•.SEAL;� - W_ L7. _Z&_ e-_ By._...—..._-_-
Assisraru Secretary ere -President
STATE OF MARYLAND I
CITY OF BALTIMORE I ss'
On this LSt day of January , A.D. 19 9z before the subscriber, a Notary Public of the State of Maryland, in and
for the City of Baltimore, duly commissioned and qualified, came the above -named Vice -Presidents and Assistant Secretaries of the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally
known to be the individuals and officers desert -bed herein and who executed the preceding instrument, and they each acknowledged the execution
of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid,
and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures
as such officers were duty affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Stts0=22=4 Y71f rro the<a an vst above written.
• •onrt '� ''� otary Pubtic CAROL J . FADER
My commission expires____Augut-1�_1992
.^ CERTIFICATE
I, the undersigned Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct
copy, is in full force and effect on the date of this certificate, and I do further certify that the Vice -Presidents who executed the said Power of Attorney
n were Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2 of the
respective By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY
COMPANY.
7 This certificate may be signed by facsimile under and by authority of resolutions of the Board of Directors of the FIDELITY AND DEPOSIT
COMPANY OF MARYLAND at a meeting duly called and held on the I6th day of July, 1969 and of the Board of Directors of the COLONIAL
AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of December, 1991.
RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore
r or hereafter, whenever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Com-
pany with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this
16 $-S 1 S$ Assisutnt Secretury
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -
Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Commmittee, shall have
power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents,
Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons
to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds,
and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal
of the Company thereto."
EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -
Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have
power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents,
Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons
to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds,
and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal
of the Company thereto."
ue 1WMy{a.
PERFORKANCE BOND
10
-1T-
(THIS PAGE LEFT BLANK INTENTIONALLY)
The
FIDELI Y AND DEPOSIT COMPANY OF MARYLAND
FIDELI AND DEPOSIT COMPANY BOND # 30435160
Companies HOME OH�FICBs: BALTIMORE, MD. 21203
STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 516(
OF 1;,HE REVISED CIVIL STATUTES OF TEXAS AS
AMENDED BY ACTS OF THE 56TH LEGISLATURE, 1959
(Penalty of this bond must be 100% of Contract amount)
KNOW ALL MEN BY THESE PRESENTS:
BOND CHECK
BEST RATING
LICENSE IH
DATE I=
That,. CQMFQRT_.MASTE%BBOCK
REATIRG..AND)._A.IR_CONDITISINSNG,.-_I.NC-------------------------------------
(here Insert the name and address or legal title of the Contractor)
P.. BOX 93452 - TX_79493 ___ _(hereinafter called the Principal), as Principal,
and ---- F1Q LVTX._AND__D iPQSIT--CORPARY..OF__Z&RY).aR1D-------------------------------------------------------
(Ilere Insert the name of the Surety)
a corporation organized and xisting under the laws of the State of Maryland, with its principal office in the
City of Baltimore, (hereinafter called the Surety), as Surety, are held and firmly bound unto ......................
THE CITY OF LUBBOCK- - - ------------------------------- ------------------------------
_ - - (Here Insert the name`o[ the Obllgee)-
$OX_-2000-_-_ LUB----- _ T-- 79401 .................. (hereinafter called the Obligee),
in the amount of-_.S.&VENTY.-S.IX.__TRQUSANIl..FQUR.•liUNDRFD--ANL1_-FIFTY-TW.Q..DOLLARS
(Isere insert nit amount equal to the total contract price)
AND NO 100/--_____'____________________________ 76 452.00
___- _.._.__�.. .................•.....•...-..............__......_............_Dollars (ffi ...� - - )r
for the payment whereof, the said Principal and Surety bind themselves; and their heirs, administrators,
executors, successors and assi�ns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the
............ 12TH............... � - ..._...._.. of ..._.. • --.._................................ 19.. 92 ..
to HVAC RENOVATION1- CIVIC CENTER PROJECT #11806
7
k -
which contract is hereby refe red to and made a part hereof as fully and to the same extent as if copied at
pm
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 docu-
ments, 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 Article 5160 of the
Revised Civil Statutes of Texas, and all liabilities on this bond shall be determined in accordance with the
1•' provisions of said Article to tIhe same extent as if it were copied at length herein.
T IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this
9TH...... .................................. t....... day of.._... M?.RCH......._.............•................19...9 2.
WITNESS:
I
(IF INDIVIDUAL
FIRM)
........................... ................ ..... ...... q..................
-
tsEu.)
.....................�......._... . ...(SEAL
.... .....,. ....._........... ...............Principal
'-LITY AND DEPOSIT COMPANY OF MARYLAND
:LITY AND DEPOSIT COMPANY _
ATTORNEY -IN -FACT
t^
The FIDELITY AND DEPOSIT COMPANY OF MARYLAND
o COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
HOME OFFICES: BALTIMORE, MD. 21203
POWER OF ATTORNEY
KNOw ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN
I CASUALTY AND SURFTY COMPANY, corporations of the State of Maryland, by C. M. PECOT, JR. Vice -President,
and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI. Section 2 of
the respective By -Laws of said Companies, which are set forth on the reverse side he eof and are hereby certified to be in full force
and effect on the date hereof, do hereby nominate, constitute an oint Cha C. Quisenberry and Sandra
Burdette, both of Lubbock, Texas, EACH. .... °
r tI7 true ani lawf-uTagent and Attorney -in -Fact of each, to
as its act and deed: any and all bonds and
Executors, Community Survivors and
Ana the execution of such bonds or undertakings in nce
and amply, to all intents and purposes, as if they -,ha en d
the respective Companies at their offices in Be, Md.,
revokes that issued on bebajqi��Ijf Chary
deliver, for, and on its behalf as surety, and
CEPT bonds on behalf of Independent
'dians.......
of th cents, shall be as binding upon said Companies, as fully
tly a ed and acknowledged by the regularly elected officers of
LZ
own proper persons. This power of attorney
�OZZ. Quisenberry, etal, dated, April 26, 1989.
4
IN WITNESS WHEREOF, the said Vi tdents an [ant Secretaries have hereunto subscribed their names and affixed
the Corporate Seals of the said FID ` AND DE
OMPANY OF MARYLAND and/the COLONIAL AMERICAN CASUALTY AND
SURETY COMPANY this—_..-- lst_- ___________..-_day A.D. 1992
ATTEST: ELITY AND DEPOSIT COMPANI' AF 4MARND
By - ---siden
r COLONIAL AMERICAN CASUALTY AND TY MPANY
d..5EAL18 —r'5—_
By - _- - - - - --
:" - &sistaw Secrerat ice-Presidenf —
If STATE OF MARYLAND
CITY OF BALTIMOR£ 55:
On this 1st day of January , A.D. 19 9z before the subscriber, a Notary Public of the State of Maryland, in and
for the City of Baltimore, duly commissioned and qualified, came the above -named Vice -Presidents and Assistant Secretaries of the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally
known to be the individuals and officers described herein and who executed the preceding instrument, and they each acknowledged the execution
t� of the same, and being by me duly sworn, severalty and each for himself depowth and saith, that they are the said officers of the Companies aforesaid,
and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures
as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hard and affixed my Oliicial f B ir.
th a y irSi above written.
+oraar'+ 7 ry Public CAROL J. FADER
My commission expires__._ AuLust ._._
APR! t1�
CERTIFICATE
1, the undersigned Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct
copy, is in full force and effect on the date of this certificate. and I do further certify that the Vice -Presidents who executed the said Power of Attorney
were Vice -Presidents specialty authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article V1. Section 2 of the
respective By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY
COMPANY.
This certificate may be signed by facsimile under and by authority of resolutions of the Board of Directors of the FIDELITY AND DEPOSIT
COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969 and of the Board of Directors of the COLONIAL
AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of December, 1991.
RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore
r or hereafter, whenever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Com-
pany with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, 1 have hereunto subscribed my name and affixed the corporate seals of the said Companies, this
--lMiday 19 9 2
----X.�CTi.+..
168-5158 ------ - -- ------ sisra---- err -----------
Assisrant Secrrtum
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -
Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Commmittee, shall have
power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents,
Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons
to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds,
and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal
of the Company thereto."
EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -
Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have
power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents,
Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons
to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds,
and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal
of the Company thereto."
L1419c(TX) -0r.
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CERTIFICATE OF INSURANCE
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-20-
(THIS PAGE LEFT BLANK INTENTIONALLY)
:h
CERTIFICATE OF INSURANCE ISSUE DATE (MMro°'Yn ,,
PRODUCER
I THIS CERTIFIrATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATI
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
QUISENBERRY & ASSOCIATES, INC.
POLICIES BELOW.
4601 66TH STREET SUITE B
LUBBOCK TX 79414
COMPANIES AFFORDING COVERAGE
w~
COMPANY A
LETTER COMMERCIAL UNION INSURANCE COMPANY
COMPANY B
INSURED
LETTER
„� ~
COMPANY C
COMFORT MASTER HEATING AND
LETTER
AIR CONDITIONING, INC.
COMPANY "•
PO BOX 93452
LETTER
LUBBOCK, TX 79493-3452
COMPANYE .
LETTER
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR
CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS !' ,
CERTIFICATE MAY BE 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 SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. j --
CO TYPE OF INSURANCE POLICY NUMBER
LTR
POLICY EFFECTIVE POLICY EXPIRATION LIMITS
DATE (MWDD/YY) DATE (MMIDD/Yl)
GENERAL LIABILITY
GENERAL AGGREGATE $ 6 0 0, D Q 0.
A X COMMERCIAL GENERAL LIABILITY
PRODUCTS-COMPIOP AGO. S 6001,0Q0,
CLAIMS MADE X occuR. CRR107016
10-01-91 10-01-92 PERSONAL & ADY. INJURY S 600,0A0..
OWNER'S A CONTRACTOR'S PROT.
EACH OCCURRENCE S 6 0 0, 0 o O
FIRE DAMAGE (Any one tire) S 5 O, O O 0 1.
MED. EXPENSE (Any one person) f 5,000,
AUTOMOBILE LIABILITY
SINGLE S 600,000.
LIMIT
ANY AUTO
f�
A X ALL OWNED AUTOS
BODILY INJURY >:
X SCHEDULED AUTOS FRAB46498*
03-17-91 03-17-92 (Per person)
X HIRED AUTOS
BODILY INJURY
S
X NON -OWNED AUTOS
�� (Per accident)
GARAGE LIABILITY
- -
PROPERTY DAMAGE S
EXCESS LIABILITY ;
EACH OCCURRENCE $1T 0 0 0, Poo .
A~ X_ UMBRELLA FORM TO BE ASSIGNED 02-24-92 02-24-93 AGGREGATE 61,000,0001.
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION WRITTEN THRU
ASSIGNED RISK POOL. STATUTORY LIMITS
AND CERTIFICATE WILL BE SENT DIRECT EACH ACCIDENT f
FROM INSURING CARRIER.DISEASE—POLICY LIMIT
j
EMPLOYERS' LIABILITY1
0— 0 3— 9 2 DISEASE —EACH EMPLOYEE S
OTHER
* This policy is being renewed
with same coverages.
;The foregoing policies do cover all sub -contractors.
DESCRIPTION OF OPERATIONS(LOCATIONS/VEHICLESISPECIAL ITEMS
CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED. PROJECT 11806-HVAC RENOVATION
CIVIC CENTER.
CERTIFICATE HOLDER `_
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF LUBBOCK
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 1 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
BOX 2 OO O
BOX 2 0 0OCK
TX 79401
LUBLIABILITY
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTOO ZEO EPRES�YE
7.0
ORD CORPORATION '1890
CERTIFICATE OF INSURANCE ISSUE DATE (MMIDONY)
02-26-92
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
QUISENBERRY & ASSOCIATES, INC.
POLICIES BELOW.
4601 66TH STREET SUITE B
COMPANIES AFFORDING COVERAGE
LUBBOCK TX 79414
COMPANY
COMMERCIAL UNION INSURANCE COMPANY_
COMPANY CZ
INSURED
LETTER
COMPANY c
CITY OF LUBBOCK
LETTER
PO BOX 2000
COMPANY
D
LUBBOCK TX 79401
LETTER
COMPANY E
LETTER
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE 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 SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
co TYPE OF INSURANCE POLICY NUMBER
LTR
POLICY EFFECTIVE POLICY EXPIRATION LIMITS
DATE (MMIODfYY) DATE (MMIDDIYY)
GENERAL LIABILITY
GENERAL AGGREGATE 8 500,000.
COMMERCIAL GENERAL LIABILITY
PRODUCTS-COMPIOP AGO. S
CLAIMS MADE OCCUR.
PERSONAL & ADV. INJURY 3
A X OWNER'S&CONTRACTOR'SPROT. TO BE ASSIGNED
02-24-92 02-24-93 EACH OCCURRENCE s 500,000.
FIRE DAMAGE (Any one fire) S
MED. EXPENSE Wry one parson) S
AUTOMOBILE LIABILITY
COMBINED SINGLE
ANY AUTO wl
LIMIT
ALL OWNED AUTOS
BODILY INJURY
SCHEDULED AUTOS
(Par POF8011)
HIRED AUTOS
BODILY INJURY
NON -OWNED AUTOS
(Per accident)
i.
GARAGE LIABILITY
PROPERTY DAMAGE
EXCESS LIABILITY
EACH OCCURRENCE 3
UMBRELLA FORM
AGGREGATE
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION
STATUTORY LIMITS
EACH ACCIDENT
AND
DISEASE —POLICY LIMIT 3
EMPLOYERS' LIABILITY
DISEASE —EACH EMPLOYEE 5
OTHER
A BUILDERS' RISK TO BE ASSIGNED
02-24-92 02-214-93 $75,000.
1,000. DEDUCTIBLE
DESCRIPTION OF 0 PE RATION SILOCATIONSIVEN ICLESISP ECIAL ITEMS
PROJECT 11806 HVAC RENOVATION
CIVIC CENTER
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF LUBBOCK
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
PO BOX 2000
MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LUBBOCK TX 79401
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHOR
CACORD ORPORATION 1990
' Form No. 77
Effective
eas June 1, 1944
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GENERAL CHANGE ENDORSEMENT
Attached to and forming part of Policy No ... RAB.4£t .9.8-of the ...... COMMERCIAIL.-UNIO.N............._.Insurance Company
of.............................._..................._......,,............................._.., issued at its .......... KITHIIQCK................. ............... .............. Texas Agency.
Dated ... ..... 0.3 11-91.................... -........... ... QUI-SENBE-RRY.... &...AS_SQC-IATE.S.,....IXC...__. Agents.
Insured__..C.QKFQRT_.-MASTEF,..HEATING... &._AZC... INC .............................................. ................................ :.....................................
Other conditions remaining the same, this Policy is amended as of .......... 0.2 7n2m9.2..........-19......... as follows: Fer same Offico vat
IT IS HEREBY UNDERSTOOD AND AGREED THAT THE CITY OF LUBBOCK
IS NAMED AS ADDITIONAL INSURED.,FOR THE SPECIFIC JOB OF HVAC
RENOVATION — CIVIC CENTER — PROJECT BID #11806.
If premium adjustment is made 5I1 in the blanks below, in detail.
ORIGINAL POLICY DATA
POLICY DATE:
PREMIUM ADJUSTMENT
PERILS
Awns
oins
Total
Insurance
Old
Rate
New
Rate
Additional
Premium
Return
Premium
F Fire
R
Normal j
= F
FR %
Actual
EEC.
xxx
:=zzx:
E
R Rents
R
TOTAL
raN Location. .............................. . ................................................................................................................... ................. ......... Texas
No, and Street Addition Town
Lot........................ Block... .............. -...... Map Page ............... ........ File No ................ _....... Occupancy..- ...................... ....-..........
rProperty Insured .... .......... .................................................................................................................................................. ..........
(State whether Building, Household Goods, stuck, Furniture, Fixtures and/or Machinery, or Content@, and
_......................._................................... _..._............-..--.....-....-.-._............-........................................_.............................._.............
whether Specific or Blanket. If Specific, state amount on aseh Item, if more than one,)
r Prescribed by The State Board of Insurance.
UNPUBLISHED
Basis._-----------.___....-._
Roof ... ............. ._
Flue..»...................._..._�
Tenant....-...._._ .. ._
Exposure.._.,.__.._
Key Rate._......_
Tota l...._.._...._..-_.
Exper. %
Annual .......... ..
Term._ _..... _.......... __...—
PUBLISHED
Gross ............... _
Exper. %
Total__., .... . ....... ti
Coins
Annual...._...
Term
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Eff--.0
Form No. 77 GENERAL CHANGE ENDORSEMENT
Effective
June 1, 1944
Attached to and forming part of Policy NOCRRI.Q.7.0.1.6.... of the.... COMMERCIAL....UNION ...................Insurance Company
of..., _..._...... ,issued at its ............... LUBBOCK. . Texas Agency.
Dated Y._...... ..Q.-O�._-.9.................................. QUISENDERRY.... &... Agents.
Insured..CO.IMF:CAT... EA.STER—HE,ATIN.G._&... .......—....... ..................... ....... .............................. _......... ......... ............. .....
.
Other conditions remaining the same, this Policy is amended as of ....... 2.- 2A:792................. 19......... as follows; 1 For Roma Office vn
IT IS HEREBY UNDERSTOOD AND AGREED THAT THE CITY OF LUBBOCK
IS NAMED AS ADDITIONAL INSURED,,FOR THE SPECIFIC JOB OF HVAC
RENOVATION — CIVIC CENTER —PROJECT BID #11806.
rV
If premium adjustment is made fill in the blanks below, in detail.
ORIGINAL POLICY DATA
POLICY DATE: From ........
PREMIUM AD]USTMENT
PERILS
o!
sins
Tote]
Insurance
Old
Rate
New
Rate
Additional
Premium
Return
Premium
F Fire
=
Normal i
1 F
FR qa
Actual
E E.C.
x x Is
x x x x x x
E
R Rents
R
TOTAL
Location............................................................................................................................................................................... Texas
No. and Street Addition Town
Lot........................ Block ........................ Map Page ...................... File No ......................... Occupancy ............. ...........................
PropertyInsured.................................................................................................................................
(State whether Building, Household Goods, Stock, Furniture, Fixtures and/or Machinery, or Contents, and
............ ....................... ....... ...».................................................... ......................................................................
whether Specific or Blanket. If Specific, state amount on each Item, if were than one.)
Prescribed by The State Board of Insurance.
UNPUBLISHED
Basis... .....
Roof...............
Flue...... ............... _
Tenant ..... ......... ____
Exposure ..............
Key Rate........-.�-
Total .............
Exper.
Annual......-.......
Term__... . ----- - — -
PUBLISHED
Gross. _-...__-._............._._
Expee. �
Tot si . .............. .. _.....
Cans %
Annual—_____
Term
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{
The FIDELITY AND DEPOSIT COMPANY OF MARYLAND
•' c COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
Cr�rrlpartfes HOME OFFICES: BALTIMORE. MD. 21203
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, corporations of the State of Maryland, by C. M. PECOT, JR. , Vice -President,
and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of
the respective By -Laws of said Companies, which are set forth on the reverse side he eof and are hereby certified to be in full force
and effect on the date hereof, do hereby nominate, constitute and Gha C. Quisenberry and Sandra
Burdette, both of Lubbock, Texas, EACH _,eQ`z ...{�° ......
i c rue an aw u agent and Attorney -in -Fact of each, to R"execute, �d deliver, for, and on its behalf as surety, and
as its act and deed: any and all bonds and takin " .EXCEPT bonds on behalf of Independent
Executors, Community Survivors and ' unitr rdians
Xna e execution of such bonds or undertakings in nce of t sents, shall he as binding upon said Companies, as fully
and amply, to all intents and purposes, as if the e a en duly a ed and acknowledged by the regularly elected officers of
the respective Companies at their offices in B e, Md., ' r qwn proper persons, This power Of attorney
revokes that issued on beha Char IWIC.
Quisenberry, etal, dated, April 26, 1989.
IN WITNESS WHEREOF, the said Vi idents anAMPANY
rant Secretaries have hereunto subscribed their names and affixed
the Corporate Seals of the said FiD AND DEOF MARYLAND and the COLONIAL AMERICAN CASUALTY AND
SURETY COMPANY Ilit5_ __ __t_.__ _ ______ 'i�January— --------- _____ _.-, A.D. 1991-
ATTEST: ,DELITY AND DEPOSIT COMPANY MAR ' AND
By ---------- ------------
-(-------- ------- _-----
s rtssisGurt Secretary I ce-President
COLONIAL AMERICAN CASUALTY AND TY MPANY
Z� A'
l SEAL;3 ih�J--�L'^�^'�'�� - - B ------ - - y-------- - - ----------------
Assistant Secretary ice Presic�edt
STATE OF MARYLAND
CITY OF BALTIMORE i S5:
On this lst day of January , A.D. 19 9z before the subscriber, a Notary Public of the State of Maryland, in and
for the City of Baltimore, duly commissioned and qualified, came the above -named Vice -Presidents and Assistant Secretaries of the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally
known to be the individuals and officers described herein and who executed the preceding instrument, and they each acknowledged the execution
bf the same, and being by me duly sworn, severally and each for himself deposcth and saith, that they are the said officers of the Companies aforesaid.
and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures
as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my Official Fl?_.,.r�y
the, a y list above written.
7 Public CAROL J. FADER
41C
My commission expires_-_--
CERTIFICATE
1, the undersigned Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN
k CASUALTY AND SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct
copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice -Presidents who executed the said Power of Attorney
were Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2 of the
r respective By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY
COMPANY -
This certificate may be signed by facsimile under and by authority of resolutions of the Board of Directors of the FIDELITY AND DEPOSIT
COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969 and of the Board of Directors of the COLONIAL
AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the Sth day of December, 1991.
RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore
or hereafter, whenever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Com-
pany with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this
2 ` TH-----day of --- FEBRUARY------- ------------ 19-. 9 2
168-5158~
AsStstanr Secreran
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -
Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Commmittee, shall have
power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents,
Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons
to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds,
and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal
of the Company thereto."
EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -
Presidents or Vice -Presidents specially authorized so to do by the bard of Directors or by the Executive Committee, shall have
power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents,
Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons
to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds,
and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal
of the Company thereto."
1k
LA t'Mrx}-ctr.
CONTRACT
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(THIS PAGE LEFT BLANK INTENTIONALLY)
7 CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
r,. THIS AGREEMENT, made and entered into this March 12, 1992, by and between the City of Lubbock, County of
Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to do so, hereinafter
referred to as OWNER, and COMFORT MASTERS HEATING & A/C. INC. of the City of LUBBOCK, County of LUBBOCK and the
State of TEXAS, 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 CON-
TRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as fol-
lows:
BID 9 11806 - CIVIC CENTER H.V.A.C. RENOVATIONS PROJECT IN THE AMOUNT OF $76,452.000.
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 proposal 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.
ATTEST:
Corporate Secretar
CITY OFF LUBBOCK, TEEX/ASS (OWNER)
BY��L'."1t�__.Ll��y
MAYOR
COMFORT 14ASTERS HEATING
& A/C. INC.
C T C
By: jxi .•.
TITLE:
COMPLETE ADDRESS:
PO BOX 93452
LUBBOCK, TX 79493-3452
-23-
GENERAL CONDITIONS OF THE AGREEMENT
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(THIS PAGE LEFT BLANK INTENTIONALLY)
1
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GENERAL CONDITIONS OF THE AGREEMENT
1. OWNER
Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this con-
tract, it shall be understood as referring to the City of Lubbock, Texas.
2. CONTRACTOR
Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall
be understood to mean the person, persons, co -partnership or corporation, to -wit: COMFORT MASTERS HEATING &
�+ A/C, INC., who has agreed to perform the work embraced in this contract, or to his or their legal
representative.
3. OWNER'S REPRESENTATIVE
rWhenever the word owner's Representative or representative is used in this contract, it shall be understood
as referring to JERRY SMITH, DIRECTOR OF BUILDING SERVICES, City of Lubbock, under whose supervision these
r' contract documents, including the plans and specifications, were prepared, and who will inspect construc-
tions; or to such other representative, supervisor, or inspector as may be authorized by said Owner to act
in any particular under this agreement. Engineers, supervisor or inspectors will act for the owner under
the direction of Owner's Representative, but shall not directly supervise the Contractor or men acting in
behalf of the Contractor.
4. CONTRACT DOCUMENTS
The contract documents shall consist of the Notice to Bidders, General Instructions to Bidders, Proposal,
Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of
r the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available
to Bidder for his inspection in accordance with,he Notice to Bidders.
5. INTERPRETATION OF PHRASES
Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed,"
or words of like import are used, it shall be understood that the direction, requirement, permission, order,
r" designation or prescription of the Owner's Representative is Intended; and similarly, the words "Approved,"
j "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory
to the Owner's Representative.
Whenever in the Specifications or drawings accompanying this agreement, the terms of description of various
qualities relative to finish, workmanship, or other qualities of similar kind which cannot, from their na-
ture, be specifically and clearly described and specified, but are necessarily described in general terms,
the fulfillment of which must depend on individual judgment, then, in all such cases, any question of the
fulfillment of said Specifications shall be decided by the owners Representative, and said work shall be
done in accordance with his interpretations of the meaning of the words, terms, or clauses defining the
character of the work.
6. SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor
for performance of work on the project pe p contemplated by these contract documents. Owner shall have no re-
sponsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated
r
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-25-
by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments
due Subcontractor.
T. WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a
member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent
certified mail to the last business address known to him who gives the notice.
B. WORK
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and
all other facilities necessary for the execution and completion of the work covered by the contract docu-
ments. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be
of a goal 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.
9. SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the structure or project contemplated by the contract docu-
ments 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 Owners 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 Contractors request, but this check does not relieve the Contractor of the responsibility of correctly
Locating all work in accordance with the Plans and Specifications.
. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense
to him and he shall keep one copy of same consistently accessible on the job site.
12. RIGHT OF ENTRY
The Owners Representative may make periodic visits to the site to observe the progress of quality of the
executed work and to determine, in general, if the work is proceeding in accordance with the contract docu-
ments. He will not be required to make exhaustive or continuous on -site inspections to check the quality or
quantity of the work, nor will he be responsible for the construction means, methods, techniques, sequences
or procedures, or the safety precautions incident thereto. His efforts will be directed towards providing
assurances for the Owner that the completed project will conform to the requirements of the contract docu-
ments, but he will not be responsible for the Contractor's failure to perform the work in accordance with
the Contract Documents. On the basis of his on -site observations, he will keep the Owner informed of the
progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of
the Contractor.
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13. LINES AND GRADES
rAll lines and grades shall be furnished by the Owner's Representative whenever necessary for the commence-
ment of the work contemplated by these contract documents or the completion of the work contemplated by
these contract documents. Whenever necessary, Contractor shall suspend his work in order to permit Owner's
Representative to comply with this requirement, but such suspension will be as brief as practical and Con-
tractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Repre-
sentative ample notice of the time and place where lines and grades will be needed. All stakes, marks,
etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him,
his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's
Representa-tive 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
r, Representative shall review all work included herein. He has the authority to stop the work whenever such
stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and
' disputes and to discourage litigation, it is further agreed that the Owner's Representative shall, in all
cases, determine the amounts and quantities of the several kinds of work which are to be paid for under this
contract. He shell determine all questions in relation to said work and the construction thereof, and
shall, in all cases, decide every question which may arise relative to the execution of this contract on the
part of said Contractor. The Owner's Representative's estimates and findings shall be conditions precedent
to the right of the parties hereto to arbitration or to any action on the contract, and to any rights of the
Contractor to receive any money under this contract; provided, however, that should Owner's Representative
render any decision or give any direction, which in the opinion of either party hereto, is not in accordance
with the meaning and intent of this contract, either party may file with said Owner's Representative within
30 days his written objection to the decision or direction so rendered, and by such action may reserve the
right to submit the questions so raised to arbitration as hereinafter provided. It is the intent of this
Agreement that there shall be no delay in the execution of the work, therefore, written decisions or
direc-tion of the owner's Representative as rendered shall be promptly carried out, and any claim arising there-
from shall be thereafter adjusted to arbitration was hereinafter provided.
r The Owner's Representative shall, within a reasonable time, render and deliver to both the owner and the
Contractor a written decision on all claims of the parties hereto and on all questions which may arise rela-
tive to the execution of the work or the interpretation of the contract, specifications and plans. Should
the Owner's Representative fail to make such decision within a reasonable time, an appeal to arbitration may
;^ be taken as if his decision had been rendered against the party appealing.
15. SUPERINTENDENCE AND INSPECTION
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' 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
r„ may deem proper to inspect the materials furnished and the work done winder this Agreement, and to see that
said material is furnished and said work is done in accordance with the specifications therefore. The Con-
tractor 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
r the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when
such directions and instructions are consistent with the obligations of this Agreement and accompanying
plans and specifications provided, however, should the Contractor object to any orders by any subordinate
engineer, supervisor or inspector, the Contractor may within six (a) days make written appeal to the Owner's
Representative for his decision.
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16. CONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful prosecution and completion of this contract and
shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all
satisfactory to Owner's Representative. The superintendent shall represent the Contractor in his absence
and all directions given to him shall be binding as if given to the Contractor. Adequate supervision by
competent and reasonable 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 Con-
tractor and all risk in connection therewith shall be borne by the Contractor.
The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or
any subcontractors, or any of his agents or employees, or any other persons performing any of the work.
17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the na-
ture and location of the work, the confirmation of ;the ground, the character, quality and quantity of mate-
rials to be encountered, the character of equipment and facilities needed preliminary to and during the
prosecution of the work, and the general and local conditions, and all other matters which in any way effect
the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of
the Owner, either before or after the execution of this contract, shall effect or modify any of the terms or
obligations herein contained.
18. CHARACTER OF WORKMEN
The Contractor agrees to employ only orderly and copetent men, skillful in the performance in the type of
work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall
inform him in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or dis-
orderly, such man or men shall be discharged from the work and shall not again be employed on the work with-
out the Owner's Representative's written consent.
19. CONSTRUCTION PLANT
u The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecu-
tion and completion of this contract where it is not otherwise specifically provided that Owner shall fur-
nish same, and it is also understood that Weer shall not be held responsible for the care, preservation,
conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it
is finally completed and accepted.
The building of structures for the housing of men or equipment will be permitted only at such places as the
Owner's Representative shall direct, and the sanitary conditions of the grounds in or about such structure
shall at all times be maintained in a manner satisfactory to the Owner's Representative.
20. SANITATION
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded.from public ob-
servation, 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.
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21. OBSERVATION AND TESTING
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The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the
work. Contractor shall make necessary arrangements and provide proper facilities and access for such obser-
vation and testing at any location wherever work is in preparation or progress. Contractor shall ascertain
�.
the scope of any observation which may be contemplated by Owner or Owner's Representative and shall give am -
pie notice as to the time each part of the work will be ready for such observation. Owner or Owner's Rep-
resentative may reject any work found to be defective or not in accordance with the contract documents, re-
gardless of the stage of its completion or the time or place of discovery of such errors and regardless of
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whether Owner's Observer has previously accepted the work through oversight or otherwise. If any work
should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Repre-
sentative, be uncovered for examination at Contractor's expense. In the event that any part of the work is
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being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representa-
tive 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 tocation where that part of the
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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.
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If any work which is required to be inspected, tested, or approved is covered up without written approval or
consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Represents-
�..
tive, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspec-
tions, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work
`
which fails to meet the requirements of any such tests, inspections or approval, and any work which meets
the requirements of any such tests or approval but does not meet the requirements of the contract documents
shall be considered defective. Such defective work shall be corrected at the Contractor's expense.
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by
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Owner, Owner's Representative, or other persons authorized under this agreement to make such inspections,
tests, or approvals shall relieve the -Contractor from his obligation to perform the work in accordance with
the requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is further agreed that if the work or any part thereof, or any material brought on the site of the work
i� for use in the work or selected for the same, shall be deemed by the Owner or owners' Representative as un-
suitable or not in conformity with plans, specification and contract documents, the Contractor shall, after
receipt of written notice thereof from the Owner's Representative, forthwith remove such material and re-
build or otherwise remedy such work so that it shalt be in full accordance with this contract. It is fur-
ther 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 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 in-
crease 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
rwork under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In
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case the Owner shall make such changes or alterations as shall make useless any work already done or mate -
riot already furnished or used in said work, then the Owner shall recompense the Contractor for any material
or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in
preparation for the work as originally planned.
24. EXTRA WORK
The term "extra work" as used in this contract shall be understood to mean and include all work that may be
required by the owner or owner's Representative to be done by the Contractor to accomplish any change, al-
teration or addition to the work as shown on the plans and specifications or contract documents and not cov-
ered by Contractor's proposal, except as provided under Changes and Alterations herein.
It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Represents-
tive when presented with a written work order signed by the Owner's Representative; subject, however, to the
right of the Contractor to require written confirmation of such extra work order by the Owner. It is also
agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined
by 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 com-
menced, then the Contractor shall be paid the actual field cost of the work, plus
fifteen (15%) per cent.
In the event said extra work be performed and paid for under Method (C), then the provisions of this Para-
graph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as
foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and
equipment, for the time actually employed or used on such extra work, plus actual transportation charges
necessarily incurred, together with ail expenses incurred directly on account of such extra work, including
Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workmen's
Compensation and ell other insurances as� may be required by law or ordinances or directed by the Owner or
Owner's Representative, or.by them agreed to. Owner's Representative may direct the form in which accounts
of the actual field cost shall be kept and records of these accounts shall be made available to the owner's
Representative. The Owner's Representative may also specify in writing, before the work commences, the
method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these mat-
ters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of Machin-
ery 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 com-
pensate him for his profit, overhead, general superintendence and field office expense, and ell other ele-
ments of cost and expense not embraced within the actual field cost as herein defined, save that where the
Contractor's Camp or Field office must be maintained primarily on account of such Extra Work, then the cost
to maintain and operate the same shall be included in the "actual field cost."
No claim for extra work of any kind will be allowed unless ordered in writing by Dwner's Representative. In
case any orders or instructions appear to the Contractor to involve extra work for which he should receive
compensation or an adjustment in the construction time, he shall make written request to the Owner's Repre-
sentative for a written order authorizing such extra work. Should a difference of opinion arise as to what
does or does not constitute extra work or as to the payment therefore, and the owner's Representative in-
sists upon its performance, the Contractor shall proceed with the work after making written request for
written order and shall keep adequate and accurate account of the actual field cost thereof, as provided
under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to arbi-
tration as herein below provided.
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25. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of this contract that all work described in the proposal, the
specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor
and that such price shall include all appurtenances necessary to complete the work in accordance with the
intent of these contract documents as interpreted by owner's Representative. If the Contractor finds any
discrepancies or omissions in these plans, specifications, or contract documents, he should notify the
Owners' Representative and obtain a clarification before the bids are received, and if no such request is
received by the owner's Representative prior to the opening of bids, then it shall be considered that the
Contractor full understands the work to be included and has y provided sufficient sums in his proposal to
complete the work in accordance with these plans and specifications. It is further understood that any re-
quest for clarification must be submitted no later than five days prior to the opening of bids.
26. RIGHT OF OWER TO MODIFY METHODS AND EQUIPMENT
P 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 speci-
fied, the Contractor shall, if so ordered in writing, increase his force or equipment, or both. to such an
extent as to give reasonable assurance of compliance with the schedule of progress.
27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
The Contractor shall take out and procure a )Doticy or policies of Workmen's Compensation Insurance with an
insurance company licensed to transact business in the State of Texas, which policy shall comply with the
Workmen's Compensation laws of the State of Texas. The Contractor shell at ell times exercise reasonable
r precaution for the safety of employees and others on or near the work and shell comply with all applicable
provisions of federal, state and municipal laws end building and construction codes. All machinery and
equipment and other physical hazards shall be guarded in accordance with the "Marvel of Accident Prevention
in Construction" of Associated General Contractors of America, except where incompatible with federal, state
or municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend, indem-
nify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or
• claims of any character whatsoever, brought for or on account of any injuries or damages received or sus"
►-� tanned by any person or persons or property, on account of any negligent act or fault of the Contractor or
any subcontractor, their agents or employees, in the execution and supervision of said contract, and the
project which is the subject matter of this contract, on account of the failure of Contractor or any subcon-
tractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment
with costs which may be obtained against the owner or any of its officers, agents, or employees ircluding
attorney's fees.
The safety precautions taken shalt be the sole responsibility of the Contractor, in his sole discretion as
an Independent Contractor; inctusion 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 pro-
gresses, are intended as reminders to the Contractor of his duty and shall not be construed as any assump-
tion of duty to supervise safety precautions by either the Contractor or any of his subcontractors.
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28. CONTRACTOR'S INSURANCE
The Contractor shall procure and carry at his sole cost and expense through the life of this contract, in-
surance protection as hereinafter specified. Such insurance shall be carried with an insurance company au-
thorized 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. Comprehensive General Liability Insurance
The contractor shall have Comprehensive General Liability Insurance with limits of $300,000 Bodily
Injury and $300,000 Property Damage per occurrence to include:
Premises and Operations
Explosion 8 Collapse Hazard
Underground Damage Hazard
Products 6 Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury (with exclusion 110 waived)
i
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.
B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance.
The Contractor shall obtain an owner's Protective or Contingent Public Liability Insurance policy
naming the City of Lubbock as insured and the amount of such policy shall be as follows
` For bodily injuries, including accidental death, $500,000 per occurrence, and $100,000 for Property
Damage.
C. Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury $250/500,000
Property Damage $100,000
to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -
owned 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 poten-
tial loss) naming the City of Lubbock as insured.
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E. Excess or Umbrella Liability Insurance
The Contractor shall have Excess or Umbrella Liability Insurance in the amount of
(S1,000,000 minimum) with coverage to correspond with Comprehensive General Liability and Comprehen-
sive Automobile Liability coverages,
The City is to be named as an additional insured on this policy for this specific job and copy of
the endorsement doing so is to be attached to the Certificate of Insurance.
J F. Worker's Compensation and Employers Liability Insurance
As required by State statute covering all employees whether employed by the Contractor or any Sub-
PM contractor on the job with Employers Liability of at least S100,000 limit.
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the
Owner for approval five Certificates of Insurance covering each insurance policy carried and
offered as evidence of compliance with the above insurance requirements, signed by an authorized
r representative of the insurance company setting forth:
(1) The name and address of the Insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date borne
by such certificate. ,
(4) The expiration date of the policy and the limit or limits of liability thereunder on the
date borne by such certificate,
(5) A provision that the policy may be canceled only by mailing written notice to the named in-
sured at the address shown in the bid specifications.
(b) 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) con-
tained in the job specifications. No substitute of nor amendment thereto will be accept-
able.
29. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERTALMEN LAND FURNISHERS OF MACHINERY, EQUIPMENT
AND SUPPLIES
The Contractor agrees that he will"indemnify and save the Owner harmless from all claims growing out of any
demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts
thereof, equipment, power tools, all suppliers, including commissary, incurred in the furtherance of the
performance of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence
that all obligations of the nature hereinabove designated have been paid, discharged or waived.
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If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by
any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness
within five (5) days after demand is made, then Owner may, during the period for which such indebtedness
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shall remain unpaid, withhold from the unpaid portion of this contract, a sum equal to the amount of such
.unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness.
Any and all camvunications between any party under this paragraph must be in writing.
30. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The contractor shall pay all royalties and license fees, and shall provide for the use of any design, de-
vice, material or process covered by letters patent or copyright by suitable legal agreement with the Paten-
tee or Owner thereof. The Contractor shall defend all suits or claims for infringement of any patent or
copyrights and shall indemnify and save the Owner harmless from any loss on account thereof, except that
Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular
design, device, material or process or the product of a particular manufacturer or manufacturers is speci-
fied or required in these contract documents by Owner; provided, however, if choice of alternate design, de-
vice, material or process is allowed to the Contractor, then Contractor shall indemnify and save owner harm -
Less from any loss on account thereof. If the material or process specified or required by owner is an in-
fringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the
owner of such infringement.
31. LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and
regulations, which in any manner effect the contract or the work, and shaft indemnify and save harmless the
Owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether
by the Contractor or his employees. If the Contractor observes that the plans and specifications are at
variance therewith, he shall promptly notify the Owners' Representative in writing and any necessary changes
shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work
knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the
Owner's Representative, he shalt bear all costs arising therefrom.
The Owner is a municipal corporation of 4he State of Texas and the law from which it derives its powers, in-
sofar as the same regulates the objects for which, or the manner in which, or the conditions under which the
Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to
the same effect as though embodied herein.
° 32. ASSIGNMENT AND SUBLETTING
The Contractor further agrees that he will retain personal control and will give his personal attention to
the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature
of the work, or materials required in the performance of this contract, shall not relieve the Contractor
from his full obligations to the Owner, as provided by this contractual agreement.
33. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
it is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of
begiming and time for completion as specified in the contract of'work to be done hereunder are essential
conditions of this contract; and it is further mutually understood and agreed that the work embraced in this
contract shall be commenced on a date to be specified in the Notice to Proceed.
If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or
any proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the car
sideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total
compensation, the sum of $100.00 (ONE HUNDRED DOLLARS) PER DAY, not as a penalty, but as liquidated damages
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` for the breach of the contract as herein set forth for each and every calendar day that the Contractor shall
be in default after the time stipulated for completing the work.
It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the com-
pletion of the work described herein is reasonable time for the completion of the same, taking into consid-
eration the average climatic change and conditions and usual industrial conditions prevailing in this
Local-ity.
The amount Is fixed and agreed upon by and between the Contractor and the Owner because of the impractica-
bility and extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sus-
tain, and the amount is agreed to be damages the owner would sustain and shall be retained by the Owner from
current periodical estimates for payments or from final payment.
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It is further agreed and understood between the Contractor and Owner that time is of the essence of this
contract.
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34. TIME AND ORDER OF COMPLETION
it is the waning and intent of this contract, unless otherwise herein specifically provided, that the Con-
tractor shall be allowed to prosecute his work at such time and sessions, in such order of precedence, and
In such manner as shall be most conductive to economy of construction; provided, however, that the order and
time of prosecution shall be such that the work shall be substantially completed as a whole and in part, In
accordance with this contact, the plans and specifications, and within the time of completion designated in
the proposals; provided, also, that when the Owner is having other work done, either by contract or by his
own force, the Owner's 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 proposes to carry on the work, with dates at
which the Contractor will start the several partq of the work and estimated dates of completion of the sev-
eral parts.
35. EXTENSION OF TIME
The Contractor agrees that he has submitted his proposal in full recognition of the time required for the
completion of this project, taking into consideration the average climatic range and industrial conditions
prevailing in this locality, and has considered the liquidated damage provisions of paragraph 33 hereinabove
set forth and that he shall not be entitled to, nor will he request, an extension of time on this contract,
except when his work has been delayed by an act or neglect of the Owner, Owner's Representative, employees
of the owner or other contractors employed by the owner, or by changes ordered in the work, or by strike,
walk -outs, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for an ex-
tension of time, submitting therewith all written justification as may be required by Owner's Representative
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for such an extension as requested by Contractor. The Owner's Representative within ten CIO) days after re-
ceipt of a written request for an extension of time by the Contractor supported by all requested docu-
mentation shell then submit such written request to the City Council of the City of Lubbock for their con-
sideration. Should the Contractor disagree with the action of City Council on granting an extension of
time, such disagreement shall be settled by arbitration as hereinafter provided.
36. HINDRANCE AND DELAYS
In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within
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the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays in-
cident to such work, whether growing out of delays In securing material or workmen or otherwise. No charge
r+�
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shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of
the work embraced in this contract except where the work is stopped by order of the Owner or Owner's
Representative for the Owner's convenience, in which event, such expense as in the judgment of the owner's
Representative that is caused by such stoppage shall be paid by owner to Contractor.
37. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length,
area, solid contents, number and weight only shall be considered, unless otherwise specifically provided.
In the event this contract is let on a unit price basis, then owner and Contractor agree that this contract,
Including the specifications, plans and other contract documents are intended to show clearly all work to be
done and material to be furnished hereunder. Where the estimated quantities are shown for the various
classes of work to be done and material to be furnished under this contract, they are approximate and are to
be used only as a basis for estimating the probable cost of the work and for comparing their proposals of-
fered for the work. It is understood and agreed that the actual amount of work to be done and the materials
to be furnished under this contract may differ somewhat from these estimates, and that where the basis for
payment under this contract is the unit price method, payment shall be for the actual amount of work done
and materials furnished on the project.
38. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any
way encountered, which may be injured or seriously affected by any process of construction to be undertaken
under this agreement, from any damage or injury by reason of said process of construction; and he shall be
Liable for any and all claims for such damage on account of his failure to fully protect all adjacent
property. The Contractor agrees tofindertnify, save and hold harmless the Owner against any claim or claims
for damages due to any injury to any adjacent or adjoining property, arising or growing out of the perfor-
mance of this contract, but such indemnity shall not apply to any claim of any -kind arising out of the exis-
tence or character of the work.
34. 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 proposal attached hereto, which has been made a part of this contract, and the Contractor
hereby agrees to receive such price in full for furnishing all materials and all labor required for the
aforesaid work, also, for all expenses incurred by him and for well and truly performing the same and the
whole thereof in the manner and according to this agreement, the attached specifications, plans, contract
documents and requirements of Owne N s Representative.
40. PAYMENTS
No payments made or certificates given shall be considered as conclusive evidence of the performance of the
contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of de-
fective work. Contractor shall at any time requested during the progress of the work furnish the owner or
Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness
in connection with the work. Before final payment is made, Contractor shall satisfy owner, by affidavit or
otherwise, that there are no outstanding liens against owner's premises by reason of any work under the con-
tract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all
claims against Owner which have not theretofore been timely filed as provided in this contract.
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' 41. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an applica-
tion for partial payment. Owner's Representative shall review said application for partial payment and the
progress of the work made by the Contractor and if found to be in order shall prepare a certificate for par-
tial payment showing as completely as practical the total value of the work done by the Contractor up to and
Including the last day of the preceding month; said statement shall also include the value of all sound ma-
terials delivered on site of the work that are to be fabricated into the work.
The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount
of the Owner's Representative's Certificate of Partial Payment, less 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 Lander the terms of this agreement. It is understood, however, that in case the whole
work be near to completion, and this fact is certified to by owner's Representative and some unexpected and
some unusual delay occurs due to no fault or negligence on the part of the Contractor, the Owner may upon
written recommendation of Owner's Representative pay a reasonable and equitable portion of the retained per-
centage due Contractor.
42. FINAL COMPLETION AND ACCEPTANCE
Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that
the work has been completed or substantially completed, the owner's Representative and the Owner shall in-
spect the work and within said time, if the work be found to be completed or substantially completed in ac-
cordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor his
certificate of completion, and thereupon it shall be the duty of the owner within thirty-one (31) days to
r^ issue a certificate of acceptance of the work to the Contractor.
0
43. FINAL PAYMENT
r Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final
measurement and prepare a final statement of the,.value of all work performed and materials furnished under
the terms of the agreement, and shall certify some to the Owner, who shall pay to the Contractor on or be-
fore the 31st day after the date of certificate of completion, the balance due Contractor under the terms of
this agreement, provided he has fully performed his contractual obligations under the terms of this con-
tract; and said payment shall become due in any event upon said performance by the Contractor. Neither the
certificate of acceptance nor the final payment, nor any provisions in the contract documents shall relieve
the Contractor of the obligation for fulfillment of any warranty which may be required in the special condi-
tions (if any) of this contract or required in the specifications made a part of this contract.
44. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK
Contractor shall promptly remove from Owners' premises all materials condemned by the owner's Representative
on account of failure to conform to the contract, whether actually incorporated in the work or not, and Con-
tractor shall at his own expense promptly replace such condemned materials with other materials conforming
to the requirements of the contract. Contractor shall also bear the expense of restoring ali work of other
contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such
r^ 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.
r 45. CORRECTION OF WORK AFTER FINAL PAYMENT
a
s
4 Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of
responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for
any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the
date of substantial completion. The Owner or the Owner's Representative shall give notice of observed de-
fects with reasonable promptness.
46. PAYMENT WITHHELD
The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any
certificate to such extent as may be necessary to protect himself from loss on account of:
Defective work not remedied.
Claims filed or reasonable evidence indicating possible filing of claims.
Failure of the Contractor to make payments promptly to subcontractors or for materials or labor.
Damage to another contractor.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner,
which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of
them.
47. TIME OF FILING CLAIMS
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the
Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) days after the
Owner's Representative has given any directions, order or instruction to which the Contractor desires to
take exception. The Owners' Representative shall reply to such written exceptions by the Contractor and
render his final decision in writing. In case the Contractor should appeal from the decision of the Owner's
Representative, any demand for arbitration shall be filed with the Owner's Representative and the Owner in
writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's
Representative. It is further agreed that final acceptance of the work by the owner and the acceptance by
the Contractor of the final payment shalt be a bar to any claim by either party, except where noted other-
wise in the contract documents.
48. ARBITRATION
All questions of dispute under this agreement shall be submitted to arbitration at the request of either
party to the dispute.. The parties may agree upon one arbitrator, otherwise, there shall be three; one named
In writing by each party and the third chosen by the two arbiters selected; or if the arbiters fail to se-
lect a third within ten (10) days, he shall be chosen by the District Judge, 72nd Judicial District of
Texas. Each arbiter shall be a resident of the City of Lubbock. Should the party demanding arbitration
fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the de-
cision of the owner's Representative shall be final and binding on him. Should the other party fail to
choose an arbiter within ten (10) days, the Owner's Representative shall appoint such arbiter. Should ei-
ther party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the
arbiters are empowered by both parties to take Ex Parte Proceedings.
The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the
contract, unless either or both parties shall appeal within ten (10) days from date of the award by the ar-
biters, and it is hereby agreed that each party shall have the right of appeal and all proceedings shall be
according to and governed by Arbitration Statutes of Texas, being Article 224, et seq., Vernon's Annotated
Civil Statutes. THE DECISION OF THE ARBITERS UPON ANY QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT
SHALL BE A CONDITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION.
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The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sus-
tained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and If the
t^ appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The ar-
biters shall fix their own compensation, unless otherwise provided by agreement, and shall assess the costs
and charges of the arbitration upon either or both parties. The award of the arbiters must be made in
writ-ing and shall not be open to objection on account of the forms of proceedings or award.
f
c
49. ABANDONMENT BY CONTRACTOR
r In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written
notification from the owner or the Owner's Representative, or if the Contractor fails to comply with the or-
ders of the Owner's Representative, when such orders are consistent with this contract, this Agreement, or
I� the Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to
complete the work and a copy of said notice shall be delivered to the Contractor.
After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery,
equipment, tools, materials or supplies then on the job, but the same, together with any materials and
equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the
Contractor, or another contractor, in completion of the work; and the Contractor shall not receive err/
rrental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as
provided for under paragraph 24 of this contract); it being understood that the use of such equipment and
materials will ultimately reduce the cost to complete the work and be reflected in the final settlement.
In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided
for within ten (10) days after service of such notice, then the owner may provide for completion of the work
in either of the following elective manners:
(a) The owner may employ such force of men and use of machinery, equipment, tools, materials and sup-
plies 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 trout 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 com-
pleted by the Contractor, then said Contractor shall receive the difference. In case such expense
Is greater than the sum which would have been payable under this contract, if the same had been com-
plated by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess
to the Owner; or
(b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspa-
per having a general circulation in the County of location of the work, may let the contract for the
completion of the work under substantially the same terms and conditions which are provided in this
contract. In case of any increase in cost to the Owner under the new contract as compared to what
would have been the cost under this contract, such increase shall be charged to the Contractor and
the Surety shall be and remain bound therefore. However, should the cost to complete any such new
contract prove to be less than that which would have been the cost to complete the work under this
contract, the Contractor or his Surety shall be credited therewith.
. When the work shall have been substantially completed, the Contractor and his Surety shall be so notified
and certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be
m� issued. A complete itemized statement of the contract accounts, certified to by owner's Representative as
being correct shall then be prepared and delivered to Contractor and his Surety, whereon the Contractor or
his Surety, or the owner as the case may be, shall pay the balance due as reflected by said statement within
30 days after the date of certificate of completion.
PM
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In the event the statement of accounts shows that the cost to complete the work is less then that which
would have been the cost to the Owner had the work been completed by the Contractor under the terms of this
contract, or when the Contractor and/or his Surety shall pay the balance shown to be due by them to the
Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be
turned over to the Contractor and/or his Surety. Should the cost to complete the work exceed the contract
price, and the Contractor and/or his Surety fail to pay the amount due the Owner within the time designated
hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the
work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the
Contractor and his Surety at the respective addresses designated in this contract; provided, however, that
actual written notice given in any manner will satisfy this condition. After maiting, or other giving of
such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the
duty of the owner to exercise ordinary care to protect such property. After fifteen (15) days from the date
of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net
sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either
public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machin-
ery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than
the Contractor or his Surety, to their proper owners.
50. ABANDONMENT BY OWNER
In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply
with said terms within ten (10) days after written notification by the Contractor, then the Contractor may
suspend or wholly abandon the work, and may remove therefrom all machinery, tools, and equipment, and all
materials on the ground that have not been included in payments to the Contractor and have not been incorpo-
rated into the work. Thereupon, the Owner's Representative shall make an estimate of the total amount
earned by the Contractor, which estimate shall include the value of all work actually completed by said Con-
tractor at the prices stated in the fthe attached proposal, the value of all partially completed work at a
fair and equitable price, and the amount of all Extra York performed at the prices agreed upon, or provided
for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Con-
tractor to carry the whole work to completion, and which cannot be utilized. The owner's Representative
shall then make a final statement of the balance due the Contractor by deducting from the above estimate all.
previous payments by the owner and all other sums that may be retained by the Owner under the terms of this
Agreement, and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days
after the date of the notification by the Contractor the balance shown by said final statement as due the
Contractor, under the terms of this Agreement.
51. BONDS
The successful bidder shall be required to furnish a performance bond and payment bond in accordance with
Article 5160, Vernon's Annotated Civil Statutes in the amount of 100% of the total contract price, in the
event said contract price exceeds $25,000.00. If the contract price does not exceed $25,000.00, the statu-
tory bonds will not be required. All bonds, if required, shall be submitted on forms supplied by the Owner,
and executed by an approved Surety Corpany authorized to do business in the State of Texas. And it is fur-
ther agreed that this contract shall not be in effect until such bonds are so furnished.
52. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special con-
ditions conflict with any of the general conditions contained in this contract, then in such event the
special conditions shall control.
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53. LOSSES FROM NATURAL CAUSES
Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the
work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution
of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the
work, shall be sustained and borne by the Contractor at his own cost and expense.
54. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and au-
thority to direct, supervise, and control his own employees and to determine the method of the performance
of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to ob-
serve Contractor's work during his performance and to carry out the other prerogatives which are expressly
reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at
any time change or effect the status of the Contractor as an independent contractor with respect to either
the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or
corporation.
55. CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and
at the completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus
materials and shall leave the work room clean or its equivalent. The work shall be left in good order and
condition. in case of dispute owner may remove the debris and charge the cost to the Contractor.
J
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CURRENT WAGE DETERMINATIONS
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DGV:da
RESOLUTION
Resolution #2502
January 8, 1987
Agenda Item #18
WHEREAS, the City Council has heretofore established the general --
prevailing rate of per diem wages for each craft or type of workmen or
mechanics needed to execute public works contracts for the City of Lubbock
"in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and
'WHEREAS, such wage rates were established by Resolution No. 719
enacted February 12, 1981, updated by Resolution No. 1590 enacted February
.:23, 1984; and
WHEREAS, such rates need to be updated at the present time in order
to reflect the current prevailing rate of per diem wages; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the general prevailing rate of per diem wages for public works
,contracts shall be as set forth in the following named exhibits, which
exhibits shall be attached hereto and made a part hereof for all intents
and purposes:
Exhibit A: Building Construction Trades
' Exhibit B: Paving and Highway Construction Trades
Exhibit C: Electrical Trades
Exhibit D: Overtime Rate
Exhibit E: Weekend and Holiday Rate
Such wage rates are hereby Found and declared'to be the general prevailing
rate of per diem wages in all localities where public works are undertaken
on behalf of the City of Lubbock and such wage rates shall be included in
all public works contracts as provided by law.
y Passed by the City Council this 8th day of January 1987.
. iTE' •
Ranette..Boyd, City Secretary Y
APPROVED T ONTENT:
,
Bill- P yne, 0 rector of Building
Services
B.C. McMINN, MAYOR
APPROVED AS TO FORM:
Do I G' Vandiver, First
Assistant City Attorney
EXHIBIT A
City of Lubbock
Building Construction Trades
Prevailing Rates
Craft
Acoustical Ceiling Installer
Air Conditioner Installer
Air Conditioner Installer -Helper
Bricklayer
Bricklayer -Helper
Carpenter
Carpenter -Helper
Cement Finisher
Drywall Hanger
Electrician
Electrician -Helper
Equipment Operator Heavy
Light
Floor Installer
Glazier
Insulator, Piping/Boiler
Insulator -Helper
Iron Worker
Laborer, General
Mortar Mixer
Painter
Plumber
Plumber -Helper
Roofer
Roofer -Helper
Sheet Metal Worker
Sheet Metal Worker -Helper
Welder - Certified
Hourlv Rate
$11.60
8.35
5.50
10.50
5.00
11.00
5.50
7.35
8.70
10.50
5.25
8.00
5.70
8.00
7.50
9.50
5.00 -
7.30
4.75
5.60
8.75
9.25
6.00 _
7.65
4.75
8.75
5.50
8.00
r.,
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PM
EXHIBIT B
Paving and Highway Construction
Prevailing Wage Rates
Craft
Asphalt Heaterman
Asphalt Shoveler
Concrete Finisher
Concrete Finisher -Helper
Electrician
Flagger
Form Setter
Form Setter -Helper
Laborer, General
Laborer, Utility
Mechanic
Mechanic -Helper
POWER EQUIPMENT OPERATORS
Asphalt Paving Machine
Bulldozer
Concrete Paving Machinist
Front End Loader
Heavy Equipment Operator
Light Equipment Operator
Motor Grade Operator.
Roller
Scraper
y Tractor
Truck Driver -
Light
Heavy
Hourly Rate
$5.25
4.75
7.35
4.75
10.50
4.75
6.50
5.50
4.75
5.80
6.50
6.00
6.00
5.25
6.50
5.85
6.40
6.40
8.00
5.25
5.25
5.50
5.25
5.25
EXHIBIT C
Electric Construction Trades
Prevailing Wage Rates
Craft Hourly Rate
Power Line Foreman $11.00
Lineman Journeyman 10.45
Lineman Apprentice Series 8.90
Groundman Series 7.25
EXHIBIT D
Prevailing Wage Rates
Overtime Rate
The rate for overtime (in excess of forty hours per week) is l 1/2
times base rate.
EXHIBIT E
Prevailing Wage Rates
Weekend and Holiday Rate
The rate for weekend and holiday is.l 1/2 times base rate.
F
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4
SPECIFICATIONS
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BID ITEM #1
SPECIFICATIONS FOR CIVIC CENTER
PACKAGED ROOFTOP MAKEUP AIR UNIT
GENERAL
Furnish and install a completely factory assembled, self-contained
Packaged Rooftop Makeup Air System as manufactured by Governair
Corporation and as specified herein. Units which meet the scheduled
performance and conform to the following minimum construction
requirements as manufactured by Miller Picking or Buffalo Forge may be
submitted for consideration as equals. Each unit shall be shipped as a
single piece fully assembled, factory run tested, integral unit with all
controls pre -wired.
UNIT BASE AND FRAME
Each unit base will be manufactured of electrically welded structural
steel tubing or wide flange beams with electrically welded structural
steel cross members from which all major components shall be supported.
Each unit's upper frame will be manufactured of electrically welded
71
structural steel tubing or angles, then electrically welded to the unit
base to form a rigid unitized frame. The entire structural steel frame
shall be finished with a rust -inhibiting epoxy paint. The base shall be
r.
equipped with lifting lugs.
`
UNIT HOUSING
Unit housing shall be constructed of a minimum 20 gauge galvanized
steel, formed exterior panels, coated on both sides with a baked on
epoxy primer. All panels shall be fastened to unit frame with one -inch
r
round clips and self -tapping screws. Pop riveted or spot welded
fastenings are not acceptable.
7
Roof shall have a minimum pitch of 1/2 inch per foot. Recessed panel
joints shall be mastic coated, insulated with fiberglass insulation and
covered with a removable panel cap fastened with cadmium -plated screws.
Exterior casing screws shall have cup washers with neoprene -grommets to
r
prevent damage to paint finish and to form a weatherproof seal. All
exterior panel to panel joints shall be caulked for water and air
tightness.
Unit housing shall be provided with man size access doors for access to
all internal components. Doors shall be hinged with galvanized steel
piano hinges and provided with a minimum of two Ventlock #333 latches.
All access doors shall be of double wall type construction with Trimseal
A-100-1/16 inch rubber gasket.
r' Floor shall be lined with 16 gauge steel liner for walk-in servicing.
The entire unit exterior shall be completely cleaned and finished with
air dried enamel. Color as selected by Owner.
The complete unit shall be insulated with 1 inch thick, 1-1/2 pound
density neoprene -coated fiberglass insulation. Smoke and flame spread
ratings shall be in accordance with NFPA 90-A. Insulation shall be
mechanically fastened into place with welded stick pins and clips on 12-
inch centers. Polyurethane and polystyrene insulations are not
acceptable.
HEATER SECTION
Include for heating an Integral Face & Bypass hot water coilas
manufactured by Control Air or Wing. Coil shall have the scheduled
capacity and of construction type as herein specified. Coil shall be
designed and constructed to maintain +/- 20F leaving air temperature
with -in the control range and +/- 5% constant air pressure drop through
full modulation. Coils shall be freeze proof type with a low limit fan
lockout switch. Coil shall operate with wild water flow below 65QF
(adjustable).
SUPPLY FAN
Fan shall be double width, double inlet, air foil or backward inclined
with belt drive as required for.the scheduled performance. The fan
curves must be submitted with the unit with a detailed calculation of
all unit pressure losses. Motor shall be Open Drip Proof, High
Efficiency with Class B insulation capable of operating in temperatures
of up to 150°F. Bearings shall be lubricated ball bearing type rated
for 100,000 hours and low maintenance operation. Motor shall be TWO
SPEED, TWO WINDING, wound for 460 volt 3 phase service and shall be
equipped with automatic reset thermal overload protection. Fan shall be
UL or CSA tested and approved, shall be AMCA certified for performance
and shall have THREE YEAR WARRANTY.
EVAPORATIVE AIR WASHER SECTION
Evaporative section shall include a 12" deep media constructed of
cellulose paper impregnated with insoluble anti -rot salts and
solidifying saturates. The media shall have an evaporative cooling
effectiveness of 89%. Evaporative section housing and sump shall be
constructed of 304 stainless steel with a schedule 40 PVC distribution
header, make-up line and level controls, bleed line and submersible
recirculating pump with epoxy coated cast iron housing, permanently
oiled, screened intake, non -clog impeller and low water level shut off.
Provide with a low limit control to drain the sump and de -energize all
Evaporative section controls below 757 intake temperature.
RETURN/OUT-SIDE AIR SECTION
Provide Low Leak (5 cfm per sq.ft.) dampers for return air/intake air
openings. Provide controls to operate the dampers.
Refer to sequence of controls to verify requirements.
2
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ro
FILTER SECTION
Filter section shall be supplied complete with a galvanized steel filter
rack as an integral part of the unit. Filters shall slide into the rack
and be accessible. Filter face velocity shall not exceed that indicated
on the schedule. Filter shall be 4 inch FARR 30/30's. Provide TWO
SPARE SETS of filters.
r' INLET/EXHAUST/RETURN DAMPERS
Dampers shall be fabricated from heavy gauge galvanized steel. Dampers
shall be of the opposed blade low leakage construction type rated for
not more than 5 cfm per square foot of surface area at 4 inches W.G.
static pressure.
e
ROOF CURB
Roof curb shall be 12 inch galvanized steel for mounting and support of
unit. The roof curb shall be of the perimeter type with complete
perimeter support of the entire unit including air washer section.
Gaskets shall be provided.
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CONVENIENCE LIGHTS AND OUTLETS
Provide one marine light with "on -off" switch per section.
The switch shall be mounted in the section with the light. Also provide
one weather proof convenience outlet for operation of power tools.
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These outlets and lights shall be on a 120 volt electrical circuit
separate from the unit power service.
CONTROL PANEL
r,
The complete unit shall be tested at the factory before shipment.
Wiring shall comply with the requirements of the latest N.E.C. issue.
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Where applicable U.L.-listed components shall be utilized. Components
and wires shall be labeled and numbered with a control wiring diagram
with corresponding labels and numbers. The unit shall be provided with
7
a single point power wiring terminal strip which feeds a unit disconnect
I
that will disconnect unit power and control power.' A separate 120 volt
`
power circuit shall be provided for convenience outlets and section
lights. The control panel shall contain all starters, fuses, overloads,
control power transformers and control components required to accomplish
the control sequence that follows.
SEQUENCE OF OPERATION
Unit shall be complete with packaged controls as follows. Each unit
r. shall contain smoke detector, safeties, transformers, fuses, etc. as
required and terminate each field connection at a terminal strip for
access at the job site. Provide each unit delivered to job site with
the controls factory run tested.
i
3
Smoke detectors shall be located in the unit inlet and discharge and
shall be connected to shut down the unit fan when smoke is detected.
The safety low limit thermostat shall be activated at all times and
shall control the hot water supply valve so that the valve shall be
OPEN, drain the sump and makeup water line and de -energize the spray
water pump when the outside air temperature reaches 40°F, whether the
fan is in operation or not. The fan shall be OFF, when the leaving air
temperature reaches 35°F.
The control system shall be interlocked with the unit power system so
that the operating control system shall be ON, when the fan is ON .and
OFF when the fan is OFF. The switch on the Kitchen wall that operates
the exhaust fans shall be connected so that the makeup air unit fan
shall operate in LOW SPEED, when one exhaust fan is ON and in HIGH
SPEED, when both exhaust fans are ON. The exhaust fan serving the Dish
washing area will be operated from its wall switch, but will not be
connected to the makeup air unit.
Provide and install a thermostat on the wall adjacent to the exhaust fan
switches. When the outside air temperature is below 65°F (Adjustable),
the hot water coil supply valve shall be OPEN, the return air damper
shall be CLOSED and the outside air damper shall be OPEN, when the fan
is ON. The temperature in the Kitchen space will be controlled by the
thermostat by modulating the face and bypass dampers on the hot water
coil. When the outside air temperature falls below 40OF the return air
damper shall OPEN and the outside air damper shall close to 50% OPEN.
When the outside air temperature rises above 70°F, the return air damper
shall be CLOSED and the outside air damper shall be OPEN, when the fan
is ON. When the outside air temperature rises above 75°F, the return
air damper shall be CLOSED and the outside air damper shall be OPEN and
the spray water pump in the air basher shall be ON, when the fan is ON.
INSTALLATION
The unit shall be installed on the roof and the outlet connected to
serve the existing supply ducts to the kitchen and dish washing area.
The existing gas supply line shall be removed and capped below the roof.
Return outlets shall be installed in the existing ceiling and connected
with ductwork to the return air inlet through the roof to the unit. Hot
water supply and return shall be connected from the building mains to
the unit. Domestic water supply and drain shall be connected to the
unit for makeup water and drain from the air washer section. Electric
power supply shall be connected for power and control.
Ductwork shall meet SMACNA standards. Hot water piping shall be
schedule 40 black steel to match existing. Makeup water and drain shall
be Type L copper to match existing. Insulation shall match existing.
Electrical work shall meet National Electrical Code.
END OF SECTION
4
BID ITEM #2
LUBBOCK MEMORIAL COLISEUM/AUDITORIUM
REPAIR, ADJUST AND TEST BURNERS/CONTROLS
GENERAL REQUIREMENTS
The three existing high firebox boilers, Model DM182 manufactured by
Fitzgibbons shall have their firebox insulation repaired and their
Webster Kinetic burners repaired, adjusted and tested.
r BURNER AND CONTROLS
Clean the Kinetic Burner tubes and pilots.
Clean the master pneumatic pilot and check the pressure gages.
Furnish and install Honeywell RA89OF Protectorelay for Boiler #3.
Reconnect cable from Series 14 Fuel Governor to uptake damper for
Boiler #3.
FIREBOX INSULATION
Reset loose firebrick on top of furnace sidewalls and on checker or
target wall. Replace broken or loose firebrick with No. 1 quality APG
Empire S. Use Demon A-S ref Factory cement at sidewalls.
r- COMBUSTION TEST AND PERFORMANCE
Fire all boilers individually and check all burner operating and safety
controls for proper operation. Any faulty devices are to be replaced at
an agreed cost approved by the Engineer.
Fire all boilers in pairs (IE: #1 & #2, #2 & #3, and #1 & #3) and adjust
r' the fuel/air ratio for the most efficient combustion available over the
full range of firing. Adjustment to be made utilizing a Bachrack
digital Model 200 or equal flue gas analyzer. Log all readings of 02,
CO2, CO, stack temperature and calculated combustion efficiency and
submit the final typed report to the Engineer in triplicate.
BOILER INSULATION
r
Loose asbestos boiler insulation has been abated and the remaining
asbestos boiler insulation has been contained with a seal coat by an
7 asbestos abatement contractor. This Contractor shall replace the
missing insulation on east side of the (west) boiler #3 with 1 1/2"
thick T-12 blocks of Calcium Silicate secured with welded pins,
stainless steel bands and poultry netting. Fill voids with cut sections
of block insulation and cover the surface with 1/2 "thick coat of
insulating cement troweled on. The jacket shall be 8 ounce heavy canvas
secured in place with adhesive and sealed with Childers CP-50.
END OF SECTION
7
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4
'
ALTERNATE BID ITEM #1
LUBBOCK MEMORIAL COLISEUM/AUDITORIUM
REPLACE, ADJUST AND TEST BURNERS/CONTROLS
GENERAL REQUIREMENTS
Furnish and install 3 Underwriters' approved fuel burning systems in
full compliance with the requirements of the State of Texas and Lubbock
codes, the local gas utility and other applicable regulatory bodies.
The complete fuel burning systems shall further meet the requirements of
Improved Risk Insurers (IRI).
The fuel burner systems shall be installed on three (3) existing high
firebox boilers, model DM182 manufactured by Fitzgibbons.
Remove existing atmospheric burners and certain gas piping as described
in the following Paragraph: GAS VALVE TRAIN FOR EACH BURNER
Each existing boiler is mounted on a 17 inch high steel base. The fuel
burner shall be installed to fire through the front of this base. The
existing combustion chamber shall be repaired and reused in accordance
with the burner manufacturer's recommendations. The repair consists
primarily of resetting and/or replacing existing firebrick backed up
with 1-1/2" 1700° block insulation on new 10 ga. steel base front plate.
Some bricks on the checker wall and side walls must be reset and/or
replaced.
BURNER DESCRIPTION
Furnish and install 3 gas burners each having a rated capacity to burn
6,OOOCFH of 1,000 BTU per cu. ft. of natural gas at a pressure of 14
inches of water column at inlet of the burner gas control train.
The burners shall be Webster Cyclonetic forced draft type, model
JB2'G'30. All combustion air shall be furnished by the burner fan which
shall be an integral part of the burner. The HP of each burner motor
shall not be larger than 3 HP and wound for 208 Volts/60Hertz/3 phase.
The gas burners shall burn the specified quantity of natural gas fuel
without objectionable vibration, noise or pulsation with not more than
20% excess air and no CO in the products of combustion. (In addition,
r when firing gas, the burner shall be guaranteed to produce less than 90
PPM NOX emissions and further shall be designed for future field
conversion to operate at 40 PPM NOX emissions or less without replacing
the complete burner assembly.)
r
l 1
The burner shall incorporate a stainless steel flame retention type
combustion head for long life and efficient operation. Combustion head
shall be symmetrically round with internal gas pilot system, and with
extended nose length to allow clearance for full opening of furnace
doors.
Primary -Secondary air control shall be a design function of the
combustion head. Combustion heads requiring an internal adjustment will
not be accepted.
The burners are to be equipped with a cast blower housing with integral
fan scroll. Sheetmetal fabricated housings will not be acceptable below
12,000 MBH input.
A permanent observation port shall be provided in the burner to allow
observation of both the pilot and main flame.
GAS VALVE TRAIN FOR EACH BURNER
Shall consist of existing IRI gas valve (SAFETY) train which shall
remain in place. All piping and valves to the burner shall be removed,
which are located downstream from the existing IRI motorized gas valve
(SAFETY) train (including the HI and LO gas pressure controls).
Existing pilot solenoid valve shall be removed with existing pilot gas
line and shall be reconnected to pilot solenoid valve on new burner.
BURNER CONTROLS
The on -off operation of the burners shall be controlled by steam
pressure by means of existing pressure control.
An additional high limit safety pressure control of the manual reset
type shall be provided to control each burner.
Pre -purge and post -purge operation of the burner fan shall be provided.
A manual restart of the burner shall be necessary in the event of
shutdown due to flame failure.
All three-phase motors shall be controlled and protected by an automatic
starter with three thermal overloads for protection. Starter shall be
interlocked to prevent burner operation when overload relays are tripped
OFF.
Supply for each burner a mounted diaphragm air flow switch to prevent
the energization of the main fuel valves in the event of insufficient
combustion air.
A factory prewired control cabinet shall be supplied with each burner.
Cabinet shall be mounted on burner. Cabinet shall house the flame
safeguard control, programming purge timer, burner motor starter, fuses,
controlswitches and alarm bell, with automatic reset silencing switch,
to ring on low water or flame failure, indicating lamps as specified
hereinafter and any relays that may be required.
2
r
FS
Provide an engraved nameplate permanently affixed to the front of the
cabinet with the following information.
Installing Contractor
Burner Manufacturer
Date of Installation
Provide in each control cabinet seven individual lights with nameplates
to indicate "power on", "call for heat", "ignition", "main fuel valve",
"pilot failure", "low water", and "main flame failure".
Provide manual -auto selector switch and manual potentiometer for
manualcontrol of modulating fuel -air drive motor.
The burners shall be equipped with suitable fuel and air controls to
assure smooth main flame ignition.
Fuel -air control must be synchronized. The fuel air drive unit shall be
provided with a position indicating switch which shall be interlocked
with the flame safeguard system to assure starting at the low fire
position. The flame safeguard system shall further program this drive
unit to provide a full open louver purge of 30 second minimum duration
or sufficient time to provide a four air change pre-ignition purge of
the combustion chamber, heat exchanger, and flue passages.
Pre-ignition purge air flow rate shall not be less than 60%.maximum
firing rate air flow. Interlocks shall be provided to monitor and
provide 60% airflow purge when air inlet louvers are automatically
opened to obtain this purge rate.
r Modulation of fuel input shall be provided. A dual potentiometer
modulating pressure control shall be supplied and mounted on common
steam header to modulate burner mounted damper motors controlling both
r fuel and air supply bymeans of mechanical linkage on any two of the
three burners in unison along with one manual selector switch.
Electronic safety combustion controls shall be supplied to monitor the
pilot and main flame. Detection will be by ultra -violet radiation. The
programming control shall be Honeywell R4140.
COMBUSTION TEST AND PERFORMANCE
Fire all boilers individually and check all burner operating and safety
�^ controls for proper operation. Any faulty "existing to be reused"
devices are to be replaced at an agreed cost approved by the Engineer.
r.. Fire all boilers in pairs (IE: #1 & #2, #2 & #3, and #1 & #3) and adjust
the fuel/air ratio for the most efficient combustion available over the
full range of firing. Adjustment to be made utilizing a Bachrack
digital Model 200 or equal flue gas analyzer. Log all readings of 02,
r' CO2, CO, stack temperatureand calculated combustion efficiency and
i submit the final typed report to the Engineer in triplicate.
i
3
The Contractor, upon completion of the fuel burning system, shall submit
a written report on the operation of each burner to the engineer and
will include the following information:
Webster Engineering and Manufacturing Company's Warranty Validation
Field Start-up Report Form No. 113.
Boiler uptake dampers shall be locked in position after completion of
each test.
FIREBOX INSULATION
Reset loose firebrick on top of furnace sidewalls and on checker or
target wall. Replace broken or loose brick with No. 1 quality APG
Empire S. Use Demon A-S refractory cement at sidewalls.
BOILER INSULATION
Loose asbestos boiler insulation has been abated and the remaining
asbestos boiler insulation has been contained with a seal coat by an
asbestos abatement contractor. This Contractor shall replace the
missing insulation on the east side of the (west) boiler #3 with 1 1/2"
thick T-12 blocks of Calcium Silicate secured with welded pins,
stainless steel bands and poultry netting. Fill voids with cut sections
of block insulation and cover the surface with 1/2 "thick coat of
insulating cement troweled on. The jacket shall be 8 Ounce heavy canvas
secured in place with adhesive and sealed with Childers CP-50.
END OF SECTION
. L
4
SPECIAL CONDITIONS
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d
PM
City of Lubbock
P.O. Box 2000
Lubbock. Texas 79457
3.
606--767-2167
r-
COMFORT MASTERS HEATING & A/C, INC.
r PO BOX 93452
! ATTN: GLENN DAVIS
" LUBBOCK, TX 79493-3452
r
r
r
SUBJECT: H.V.A.C. Renovations
March 19, 1992
Office of
Purchasing
The City of Lubbock, having considered the proposals submitted and
opened on the 26th day of February, 1992, for work to be done and
materials to be furnished in and for:
City of Lubbock Bid # 11806
HVAC Renovations
as set forth in detail in the Specifications, Plans, and Contract
Documents for such work for the City of Lubbock; it appearing that your
proposal is fair, equitable and to the best interest of said City,
please take notice that said proposal was accepted by the City Council
of the City of Lubbock on the March 12, 1992, at the bid price contained
therein, subject to the execution of and furnishing of all other
documents specified and required to be executed and furnished under the
contract documents. It will be necessary for you to execute and furnish
to the City of Lubbock all such documents within ten (10) days from your
receipt of this Notice.
The five percent (5q) bid security, submitted with your proposal,
will be returned upon the execution of such contract documents and bonds
within the above specified ten (10) day period. In the event you should
fail to execute and furnish such contract documents and bonds within the
time limit specified, said bid security will be retained by the City of
Lubbock.
CITY OF LUBBOCK
Gene ads, C.P.M.
Purchasing Manager