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HomeMy WebLinkAboutResolution - 4827 - Contract- Johnson Yokogawa Corporation- Burner Management System, LP&L Plant #2 - 05/11/1995Resolution No. 4827 May 11, 1995 Item #19 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract and all related documents by and between the City of Lubbock and Johnson Yokogawa Corporation of Carrollton, Texas to furnish and install all materials as bid for the Burner Management System for Lubbock Power & Light Plant No. 2 upgrade, which contract is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this ATTEST: &t�'— )u_ c�� etty . Johnson, 6ty Secretary APPROVED AS TO CONTENT: Victor KilmarL Purchasing Manager APPROVED AS TO FORM. �UlVdG. �VanFirst Assistant City Attorney dp:ccdccslbum-1p1.Res May 2, 1995 CITY OF LUBBOCK SPECIFICATIONS FOR BURNER MANAGEMENT SYSTEM FOR LUBBOCK POWER & LIGHT PLANT #2 UPGRADE BID #13211 I CITY OF LUBBOCK Lubbock, Texas i t CITY OF LUBBOCK REQUEST FOR BIDS FOR TITLE: BURNER MANAGEMENT SYSTEM FOR LUBBOCK POWER & LIGHT PLANT #2 UPGRADE ADDRESS: LUBBOCK, TEXAS BID NUMBER: 13211 PROJECT NUMBER: 9056.8280 CONTRACT PREPARED BY: PURCHASING DEPARTMENT INDEX NOTICE TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS BID PROPOSAL - BID FOR LUMP SUM CONTRACTS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT GENERAL CONDITIONS OF THE AGREEMENT CURRENT WAGE DETERMINATIONS SPECIFICATIONS SPECIAL CONDITIONS NOTICE OF ACCEPTANCE 1 NOTICE TO BIDDERS 1 1 r1 L J E w NOTICE TO BIDDERS BID #13211 Sealed bids addressed to Ron Shuffield, Senior Buyer, City of Lubbock, Texas, will be received at the office of the Purchasing Manager, Municipal Bldg., 1625 13th St., Room L-04, Lubbock, Texas, 79401, until 2:00 o'clock p.m. on the 13th_day of April, 1995, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project: "BURNER MANAGEMENT SYSTEM FOR LUBBOCK POWER & LIGRT PLANT #2 UPGRADE" After the expiration of the time and date above first written, said sealed bids will be opened by the Buyer 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 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 27th day of April, 1995, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond 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 $25,000.00. Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior, as the rating of the bond company is a factor that will be considered in determination of the lowest responsible bidder. If the contract price does not exceed $25,000.00 the said statutory bonds will not be required. ' 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, Lubbock, Texas. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. t 1 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, disability, or national origin in consideration for an award. There will be a pre-bid conference on 23rd day of March, 1995, at 11:00 o'clock am., in the Purchasing Conference I Room L04, 1625 13th Street, Lubbock, Texas. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre-bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the Purchasing Department at (806) 767-2167 (Monday -Friday, 8:00 - 5:00 p.m.) or 1625 13th Street Room L-04 at least 48 hours in advance of the meeting. 1 1 11 71 L 11 11 11 ADVERTISEMENT FOR BIDS BID #13211 Sealed bids addressed to Ron Shuffield, Senior Buyer, Purchasing Department, City of Lubbock, Texas, will be received at the Purchasing Office, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401 until 2:00 o'clock p.m. on the 13th day of April, 1995, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project: `BURNER MANAGEMENT SYSTEM FOR LUBBOCK POWER & LIGHT #2 UPGRADE„ ■ After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Buyer and publicly read aloud. The plans, specifications, bid forms and contract documents may be examined at the office of the Purchasing Manager for the City of Lubbock, Texas. Attention of each bidder is particularly called to the Schedule of General Prevailing Rate of Per Diem Wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, Texas. Each bidder's attention is further directed to the provisions of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning such wage scales and payment by the contractor of the prevailing rates of wages as heretofore established by the City of Lubbock. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. There will be a prebid conference on the 23rd day of March, 1995, 21 11:00 am., in the Purchasing Conference Room L04, 1625 13th Street, Lubbock, Texas. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre-bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the Purchasing Department at (806) 767-2167 (Monday -Friday, 8:00 - 5:00 p.m.) or 1625 13th Street, Room L-04 at least 48 hours in advance of the meeting. 1LUBB K RONS IELD SENIOR BUYER ■ 01 i t 1 GENERAL INSTRUCTIONS TO BIDDERS 1 GENERAL INSTRUCTIONS TO BIDDERS 1. SCOPE OF WORK The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with contract documents for the BURNER MANAGEMENT SYSTEM FOR LUBBOCK POWER & LIGHT PLANT #2 UPGRADE. 2. CONTRACT DOCUMENTS All work covered by this contract shall be done in accordance with contract documents described in the General Conditions. All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 3. PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. 4. TIME AND ORDER FOR COMPLETION The construction covered by the contract documents shall be fully completed within 60 (Sixty) consecutive calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to insure completion of the project within the time specified. 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. 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 protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract p_ documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project. g. GUARANTEES All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 9. PLANS FOR THE CONTRACTOR The contractor will be fiu-nished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 10. PROTECTION OF THE WORT{ The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the 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. 1 I. TEXAS STATE SALES TAX This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 12. PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 13. BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own. cost 1 r 6 r and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 14. EXPLOSIVES The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. Explosive materials shall not be stored or kept at the construction site by the Contractor. In a]l eases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 15. CONT'RACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 16. INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the 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 (lb) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The insurance certificates furnished shall name the City as an additional insured and shall further state that all subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. 17_ 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 5159x, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector "I not be performed on weekends or holidays unless the following conditions exist: (1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. (2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 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 deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 19. PROVISIONS CONCERNING ESCALATOR CLAUSES Proposals submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 24. 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 numerals, for which he proposes to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm, 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 shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: (a) Bidder's name (b) Proposal for (description of the project). y y 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. t 21. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder small be bound and include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Proposal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. 0) All other documents trade 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. it I I I I I I I I I I I I I I BID PROPOSAL III III i I BID PROPOSAL LUMP SUN[ PROPOSAL CONTRACT PLACE: Carrollton, Texas DATE: April 12, 1995 PROJECT NUMBER: #13211 - BURNER MANAGEMENT SYSTEM FOR LUBBOCK POWER & LIGHT PLANT #2 UPGRADE Proposal of JOHNSON YOKOGAWA CORPORATION (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 Burner Management System haying carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the proposed %vork, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies: and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. y ' BASE BID: BURNER MANAGEMENT SYSTEM FOR BOILER #b MATERIALS: Seventy -Two Thousand Nine Hundred Twenty -Three (g 72,923.00 SERVICES: Twenty -Five Thousand Seven Hundred Forty -One ($ 25,741.00 TOTAL BASE BID: Ninety -Eight Thousand Six Hundred. Sixty -Four (S 98,664.00 ALTERNATE NO. l: FURNISH AND INSTALL BURNER MANAGEMENT SYSTEM FOR BOILER #7 MATERIALS: Fifty -One Thousand Three Hundred Forty -Two (g 51,342.00 SERVICES: Twenty -Three Thousand Three Hundred Twenty -Six « 23,326.00 TOTAL ALTERNATE NO. 1: Seventy- Four Thousand Six Hundred Sixty-EigiAt $ 74,668.00 ) ALTERNATE NO. 2: FURNISH AND INSTALL BURNER MANAGEMENT SYSTEM FOR BOILER #4 MATERIALS: Fifty -Seven Thousand Five Hundred Twenty -Seven (s 57,527_,00 } SERVICES: Forty -One Thousand Seven Hundred Sixty -One ($ 41,761.00 ) TOTAL ALTERNATE NO. 2:Ni nety-Nine Thousand Two Hundred Eighty-EiLh(s $ 99,288.00 } ALTERNATE NO. 3: FURNISH AND INSTALL BURNER MANAGEMENT SYSTEM FOR BOILER #5 MATERIALS: Fifty -One Thousand Nine Hundred Eighty -One ($51,981.00 } SERVICES: Forty Thousand Eight Hundred Sixty -Four (s 40,864.00 } TOTAL ALTERNATE NO. 3: Ninety -Two Thousand Eight Hundred Forty-FF49re $ 92,845.00 (Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 60 JEEW 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 5100.00(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 instruction 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 proNided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him. Enclosed %lith this proposal is a Cashier's Check or Certified Check for Dollars (5 ) ora Proposal Bond in the sum of Five (5)% of Bid Price 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 Owncr 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. E Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Johnson Yokogawa Corporation Contractor BY: Frank M. Mahnich, General Manager (Seal if Bidder is a Corporation) ATTEST: Secretary JOHN Johnson Yakogawa Corporation 4 Dart Road YOK GA, + ,A Newnan, 30265 -1040 vv Tel. 404 25454 -0400 FAX: 404 254-0928 DFLEGATION OF AUTHORITY The undersigned, Executive Vice President of Johnson Yokogawa Corporation, a Delaware corporation, pursuant to the authority vested in him by Article III of Section 5 of the bylaws, hereby authorizes Frank Mahnich to perform, on behalf of the Company, the acts described below: To execute and deliver any and all contracts for the performance of work, sale of goods, and furnishing of services, and any other instruments in connection therewith and in the ordinary course of business. This authority does not extend to: a. the execution of surety, performance or bid bonds; b. the collection, receipt and/or recovery of monies due or to become due to the Company; C. the signing of any notes, contracts, or any other agreement to borrow money in the name of the Company, and; d. the signing, on behalf of the Company, of any deed, abstracts, offers to purchase, or any other instruments pertaining to the purchase, sale or lease of real property. This authority shall remain in full force and effect until revoked in writing by the President or Executive Vice President of the Company, or until the termination of the above named individual's employment with the Company, whichever occurs first. Signed and sealed at Newnan, Georgia this 12th day of April, 1995. [SEAL] ATTEST: Sec�C_ , reasurer 4 Matt M. Sekiguch?7 Executive Vice President AIU Insurance Company American Home Assurance Company Granite State Insurance Company The Insurance Company of the State of Pennsylvania National Union Fire Insurance (Company of Pittsburgh, Pa. New Hampshire Insurance Company BID BOND (AIA 310) KNOW ALL MEN BY THESE PRESENTS: Ar, Woridw ile Bonding American International Companies Principal Bond Office 70 Pine Street, New York, N.Y. 10270 That JOHNSON YOKOGAWA CORPORATION, 4 DART ROAD, NEWNAN GA 302E5 as Principal, and THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA as Surety, are held and firmly bound unto CITY OF LUBBOCK, TEXAS as Obligee, in the sum of 5% OF BID PRICE Dollars IS 5% OF BID PRICE ), for the payment of which sum, well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for PROJECT #13211, LUBBOCK POWER & LIGHT PLANT #2 UPGRADE, BURNER MANAGEMENT SYSTEM NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed, sealed and dated 4-13-95 JOHNSON YOKOGAWA RPORATION J I. rincipall (Seal) i Witness) By� s f N MAYNARD, TT RNEY—IN—FACT Trclel THE INSLIRANCE COMPANY OF THE STATE OF PENNSYLVA (Surety) Bond No. PA0001 By �ppn�i7� S -M-. MUCCIO , ATTORNEY—IN-r Ht, l -'n"Fat, 1 23373 (3/84y I 411111111111 r 1W JOHNS�N YOK GAWA POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: Johnson Yokogawa Corporation 4 Dart Road . Newnan, GA 30265-1040 Tel. 404 254-0400 FAX: 404.254-0928 That JOHNSON YOKOGAWA CORPORATION, a Delaware corporation, does hereby appoint John W. Maynard, its true and lawful attorney-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind JOHNSON YOKOGAWA CORPORATION. This power shall remain m full force and effect until revoked in writing by the President of the Corporation. IN WITNESS WHEREOF, JOHNSON this 8th day of July, 1994. By: WA CORPORATION has executed and attested these presents George A. oig, President Attest: +> C , .2 Step en C. Waligorski, Se4etary CERTIFICATE Extract from the By -Laws of Johnson Yokogawa Corporation 'Article III, Section 5 - President: The President shall be the Chief Executive Officer of the Corporation... He shall have authority, subject to such rules as may be prescribed by the Board of Directors, to appoint such agents and employers of the Corporation as he shall deem necessary, to prescribe their powers, dudes and compensation and to delegate authority to them. He shall have authority to sign, execute and acknowledge, on behalf of the Corporation, all bonds, contracts, and all other documents or instruments necessary or proper to be executed in the course of the Corporation's regular business, or which shall be authorized by resolution of the Board of Directors, and, except as otherwise provided by law of the Board of Directors, he may authorize the Executive Vice President, any Vice President, or other officer or agent of the Corporation to sign, execute and acknowledge such documents or instruments in his place and stead.' I Stephen C. Waligorski, Secretary of JOHNSON YOKOGAWA CORPORATION, do hereby certify the foregoing extract of the By -Laws of the Corporation, and George A. Doig is the President of said Corporation, and the Power of Attorney issued pursuant thereto to John W. Maynard, are true and correct, and that both the By -Laws and the Power of Attorney are still in frill force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation this 13 t day of hi2y r! 1915- [SEAL] 915-[SEAL] Stephen C. Waligorski, Secre P YYWAM LIST OF SUBCONTRACTORS 1. Greer Electric Company 2. 3. 4. 5. 6. 7. 8. 9. 10. MINORITY OWNED YES NO X 1A LUBBOCK POWER & LIGHT ELECTRIC PRODUCTION MEMORANDUM TO: Ron Shuffield Purchasing FROM: David Goode DATE: 5124195 SUBJECT: Contract Document Additions - Bid#13211 Burner Management Systems. I spoke with Luther Matthews of Johnson Yokogawa yesterday, and I agreed to the following additions to the contract documentation (subject to your approval):- - JY Proposal Section 5 - Proposal Clarifications/Qualifications JY Proposal Section b - BMS Functional Description l - JY Proposal Section 7 - Services to be Provided by JY Clause dealing with the JY delivery schedule as follows:— DeliverySchedute. Ito understood that the prgjgctschedule provided in the Proposal is relative only to #78 projectrequirements as outlined In Me specificatron. The actual schedule wrlibe reviewed and agreed in a project kick -Off meeting to follow cvnimct acceptance and release to proceed. Luther believes this Is all that JY requires to go forward with this matter. N The above referenced items are fully incorporated into the contract. Johnson Yokogawa Corp. City of Lubbock � I � I 1 1 Services Provided by Johnson Yokogawa 1. Installation of all Burner Management System material and components listed in this proposal. 2. Design of Burner Management System logic to provide safe operation of gas burners and igniters from existing Control Room. The proposed Burner Management System will be designed to meet the requirements of the current edition of NEPA 85 C. 3. Mechanical design for application of Burner Air Register actuators, flame detectors and ignitors, (including cooling air system), as required for existing B & W burners. (Also for Forney burners if LP&L exercises options for boilers 4 and 5). 4. Factory Acceptance Test of logic including simulation of normal and abnormal burner operating conditions and system response. Written Factory Acceptance Test procedure will be submitted to LP&L for review. LP&L representatives will be invited to view FAT in our Carrollton, Texas facility and will be furnished written certification of FAT at successful conclusion.. 5. Operating and Maintenance documentation including detailed functional description, trouble shooting procedures and vendor data on all system components. Other documentation will consist of: Instrument Data Base listing all BMS Input -Output points as well as ranges, settings, location and device identification (tag numbers). Logic Cabinet internal component arrangement identification and wiring. External wiring diagram showing connections at field junction boxes, field sensing devices, (Flame Detectors, Limit Switches, Pressure switches etc.), and Logic Cabinet Terminals and wiring between Operators BMS Insert Panel and Logic Cabinet Terminals. Burner Front arrangement drawing showing location of Flame Detectors, Burner Air Register Actuators, Ignitors and accessories. 1 Installation details as required for BMS equipment installation. 6. Field commissioning, start up assistance and site training for operators for Unit No. 6. This consists of five eight (8) hour days. Field commissioning services for units 7, 4 and 5 are offered on a per diem basis. Z Burner Management System Functional Description Lubbock Power and Light. Plant#2 Upgrade 1 GENERAL SYSTEM DESCRIPTION The primary function of the Burner Management System is boiler Protection. It's secondary function is as an operator aid. The system is designed for and, if operated properly, will furnish maximum safety and efficiency in the operation of Ignitors and main gas burners. ' The control system is a programmable logic control design to provide for reliability and flexible programming. It is comprised of a number of sub -programs, each having a primary function for a +. certain portion of the overall control and secondary function of communicating intelligence to other programs, as described below: These programs are: 1. Furnace Purge Program. The Furnace Purge program has the major responsibility of ensuring that the furnace is thoroughly purged with air to remove any explosive as mixture before fuel can be released into the furnace. With the Furnace Purge complete, the Prelight portion of the Purge program is then responsible for the safe release of fuel into the headers and for communicating to the burners when boiler conditions are satisfactory for burner operation. The Furnace Purge program, as do all Burner Management programs, provide the operator with indications of requirements and on operations being performed. i2. Fuel Safety Program Total boiler safety is the primary responsibility of the Fuel Safety program. Its duty is to monitor danger points throughout boiler and burner operations. If the predetermined limits set for proper operation are exceeded, the Fuel Safety program will shutoff all fuel to the furnace. Indication of the specific shutdown cause will be provided to the operator so that immediate corrective action may be taken. 3. Gas Burner Program. The gas burner program is identical for each gas burner. Each program has the responsibility for the operation of the gas igniter, the gas burner, and the associated air register. These programs force a predetermined set sequence in safely placing igniters and gas burners in and out of service while continuously monitoring their status for safe operation. 4. Alarms. Alarms for the various operating and equipment conditions that require the operator's attention are programmed into the various operating sequences. FURNACE PURGE OPERATION A Furnace Purge is required after each Master Fuel Trip to remove any combustible mixture from the furnace. Before the Purge mode can be initiated, the "PURGE REQUIRED" lamp must illuminated and the following Primary Purge Permissive must be satisfied as indicated on the Operator's Control panel. Furnace Purge Permissive - Primary and Secondary. 1. I.D. FAN RUNNING F &1&M*AW101 214111 e! (Units 4 & 5 only) 3. AIR HEATER RUNNING (Units 6 & 7 only) 4. DRUM LEVEL OK (> Low -Low Setpoint) 5. MGHTV CLOSED (Main Gas Header Trip Valve) 6. All BURNER GAS VALVES CLOSED 7. IGTV CLOSED (ignitor Gas trip Valve) 8. All Burner Air Registers Open ' 9. AIR FLAW . 25% * 10. NO BOILER TRIP CONDITIONS PRESENT * The purpose of this Purge Permissive is to provide the operator with a means of breaking or interrupting the boiler Purge cycle ■ if desired, by using the 'MASTER BOILER TRIP11 pushbutton on the !I control panel. With all the primary and secondary Purge permissive satisfied, a 5 minute Purge timer will start and the "PURGE IN PROGRESS" indication is provided on the operator's control panel. ■ With 1 - 7 of the above Primary Purge conditions proven satisfied, the Purge mode may be initiated by momentary operator action of the "PURGE START" switch. Upon initiation, the logic program will lock into the purge mode. A signal is sent to the burner logic programs to open all Burner Air Registers. When the Air Registers are proven open, status indication will be provided for the two secondary Purge ' Permissives: 1. ALL AIR REGISTERS OPEN ' 2. AIR FLOW > 25% With all the primary and secondary Purge permissive satisfied, a 5 minute Purge timer will start and the "PURGE IN PROGRESS" indication is provided on the operator's control panel. ■ For the Purge cycle to be successfully completed, all Purge Permissive must be maintained for the full 5 minute period. If any of the permissive are lost while the Purge is in progress, the Purge mode will be canceled. An alarm will be initiated, and the lost condition will be indicated by a flashing lamp. When the Lost condition is re -satisfied, the operator must re-initiate the Purge cycle with the "PURGE START" switch. When all Purge permissive conditions have been satisfied for the full 5 minute period, the Purge timer will time out and the "PURGE COMPLETE" indication provided. At this time, the operator may do one of two things: 1) Elect to stay in the Purge mode, thus continuing to Purge the furnace; or 2) Go into the Prelight mode. If the operator elects to stay in the Purge mode, he may do so indefinitely as long as all Purge permissive remain satisfied. If a permissive is lost during this time however, the Purge mode will be canceled requiring operator reinitiation once the lost condition is resatisfied. BOILER PRELIGHT After receiving the boiler "PURGE COMPLETE" indication, the operator may Prelight the unit by momentary action of the "PRELIGHT START" switch. The following sequence will be initiated: 1. The Master Fuel Trip relay will be reset. 2. The Boiler Purge mode will be tripped out as indicated by all Purge Permissive indicating lights going out. 3. A 5 minute timer is started. The operator has five minutes to establish the first gas burner in service or the system will be tripped back to the "PURGE REQUIRED" state. 4. Flame Detector Cooling Air is proven. 5. The Igniter Gas Trip Valve will open. 6. The Ignitor Gas Header will be proven in operating range. 7. The Main Gas Header trip Valve will open. 8. The Main Gas Header pressure will be proven in operating range. 9. With all of the above conditions indicating, "PERMISSION TO LIGHT" will also be indicated and provided to the burner logics. FUEL SAFETY OPERATION The primary function of the Fuel Safety logic is to monitor predetermined common conditions and initiate appropriate shutdowns when these conditions are not within limits. Another function of the Fuel Safety program is to inform the operator which particular condition initiated the boiler trip. When one boiler trip condition exceeds its limits and shutdown is initiated, subsequent trip conditions may also be generated. A "FIRST OUT", (cause of trip), feature is provided. These indicators display the initiating trip condition and ignore subsequent trip conditions which may be monitored. With the isolated cause of trip, the operator can take any necessary immediate corrective action. Master Fuel Trips (MFT) Any of the following conditions or combination of conditions will initiate a Master Fuel Trip: 1. OPERATOR TRIP - At any time, the operator may trip the unit by depressing the "MASTER BOILER TRIP" pushbutton on the operator's control panel. This switch goes through the logic and around the logic direct to the MFT relay. 2. LOSS OF I.D. FAN - (Units 4 & 5 only) 3. LOSS OF F.D. FAN 4. LOW LOW DRUM LEVEL 5. LOW LOW AIR FLOW - (Air Flow < 25%) 7. LOW GAS HEADER PRESSURE 8. HIGH GAS HEADER PRESSURE 9. HIGH FURNACE PRESSURE - (Units 4 & 5 only) 10. DELAYED LIGHTING - (There must be at least one burner in service five minutes after the operator initiated Prelight.) 11. PROCESSOR FAULT - (A Processor Fault is generated by the Watch -Dog Timer which watches the processor scan cycle. A failure may or may not be able to be indicated depending on the fault that has occurred. As with the Master Boiler Trip switch, this condition also goes through and around the logic directly to i the Master Trip relay.) 12. ALL BURNER GAS VALVES CLOSED A Purge Prelight cycle will be required after each Master Fuel Trip before any fuel can again be released into the furnace. Each of the above conditions will initiate its respective "First out Light" on the cause of trip display. A Master Fuel Trip generates the following operations: 1. Closes the Ignitor Gas Trip Valve, if open, and opens the Ignitor Gas Header Vent Valve. 2. Closes all individual Ignitor gas shutoff valves, if open and opens individual ignitor vent valves. 3. Closes Main Gas Header Trip Valve. 4. Closes all individual Gas Burner Shutoff valves, if open. 5. Locks Burner Air Registers in position 6. Places the Boiler Purge Mode into the "PURGE REQUIRED" state. 7. Indicates the initiating cause of the Main Fuel Trip BURNER OPERATIONS Following a Boiler Purge and the initiation of the boiler Prelight, "Permission to Light" is established. This permissive is sent to each individual burner operation program and is compared with each burner's status before providing a burner "READY" indication. The Conditions for burner "READY" are: 1. Permission to Light Ignitors 2. Permission to Light Gas 3. Burner Gas Shutoff Valve closed 4. Flame is not detected. With the above conditions proven and the "READY" light indicating, the operator may initiate a burner start by momentarily placing the burner switch to "ON". The Burner Air Register is closed if open and a 10 second timer is started, the ignitor spark is energized, the ignitor gas valves are opened, and the vent valve is closed. An overall 30 second lighting timer is also started. At the end of the 10 second timer, the spark is deenrgized and the ignitor flame must be proven. When ignitor flame is proven the Burner Air Register will be reopened and the burner gas valve will be opened after the register leaves the closed position. When the valve and register are proven open, indication is provided in the control room. During the burner lighting cycle, and while the burner is in operation, shutdown conditions are continuously monitored. Conditions that will generate a shutdown are: 1. The 10 second trial for ignition times out and ignitor flame is not detected. 2. The 30 second trial for burner ignition times out and the burner gas shutoff valve is not open this also generates a Fail To Light alarm. 3. The Burner Gas Shutoff Valve is closed, if open, and the vent is opened, if closed. 4. Depending on the status of other burners, the air register may remain open or closed. If a MFT is the cause of the shutdown, the register will remain open. If at least one other burner is in service, the register will close. When a btirner shutdown is initiated, a 10 second timer is started. If the Burner Gas Shutoff Valve is not proven fully closed at the end of this time, an "Unsuccessful Burner Shutdown" alarm is initiated. ALARMS The following alarm outputs are provided for customer alarm windows: 1. Main Fuel Trip 2. Any Burner Trip 3. The burner Gas Shutoff Valve is is not detected. When flame open and Flame is detected, indication is provided in the control room. 4. The Burner ©FF switch is initiated. 5. A Main Fuel Trip When a Burner Shutdown is initiated, the following operations are performed: 0 1. The ignitor Spark is deenergized, if energized. 2. The Ignitor Gas Valves are closed, if open, and the vent is opened, if closed. 3. The Burner Gas Shutoff Valve is closed, if open, and the vent is opened, if closed. 4. Depending on the status of other burners, the air register may remain open or closed. If a MFT is the cause of the shutdown, the register will remain open. If at least one other burner is in service, the register will close. When a btirner shutdown is initiated, a 10 second timer is started. If the Burner Gas Shutoff Valve is not proven fully closed at the end of this time, an "Unsuccessful Burner Shutdown" alarm is initiated. ALARMS The following alarm outputs are provided for customer alarm windows: 1. Main Fuel Trip 2. Any Burner Trip I 3. Burner Management System Trouble The Burner Management System Trouble alarm is pulsed by any of the following conditions. 1. Boiler Purge Interrupted - The lamp will flash on the condition creating the alarm. 2. Any Burner failing to light, after the Burner Start Switch is initiated. 3. Unsuccessful Burner Shutdown 4. Main Flame Detector Check Fail - (Main Flame Detectors are periodically checked while in operation to assure proper performance.) II 11 I MATERIAL LIST The following is material included in this proposal for Boiler No. 6. Material included for the optional Boilers 7, 4 and 5 is the same as that for No. 6 unless otherwise noted. 1. Burner Hardware A. Four (4) Burner Air Register Actuators, consisting of: 1. Pneumatic cylinder, selected to provide 90 degree rotation of burner air register shaft. 2. ASCO Air Control Solenoid, 4 way 3. Speedtrol (To regulate rotation speed) 4. Open - Closed Limit Switch 5. Mounting Brackets as required • B. Four (4) Self Checking U.V. Flame Detectors, each with: 1. Fail Safe Pneumatic Actuator 2. Asco air control Solenoid Valve 3. Open - Close S.P.D.T. Limit Switch 1. Mounting Tube with connections for sensing head cooling air. 2. Sensing Head including Ball Valve for protection from furnace pressure during maintenance (Boilers 6 & 7 only) 3. Flame Detector Signal Amplifier Mounted in logic cabinet in Control Room. 4. Cooling Air Hose Class 3 Gas Ignitors, C. Four (4) NFPA each with: 1. Mounting Tube/Adaptor for installation ' in existing B & W guide tube. 2. Flexible Metallic Braided Gas Hose 3. Ignition Transformer, Enclosure and high voltage electrical wiring from transformer to Ignitor. 4. Two (2) N.C. Asco solenoid Valves for ignitor gas shutoff 5. One (1) N.O. Asco solenoid valve for ignitor gas vent. D. Four (4) Double Block and Bleed Burner Gas Valve assemblies, each including: 1. Fail Safe Pneumatic Actuator 2. Asco air control Solenoid Valve 3. Open - Close S.P.D.T. Limit Switch 2. Pressure Switches A. Five (5) Gas Header Pressure Switches for: High Gas Header Pressure Low Gas Header Pressure High Ignitor Gas Header Pressure Low ignitor Gas Header Pressure Flame Detector Cooling Air OK B. One (1) Differential Pressure Switch for: Boiler Air Flow > 25% 3. Cooling Air Blower One (1) 1 1/2 HP Electric driven Blower sized to provide cooling air for Flame Detectors and Ignitors. 4. Logic Cabinet, NEMA 12, 60x48xl2, JYC Proposal Dwg. SK002, for installation in existing Control Room and containing: Allen Bradley 5/20 PLC EEPROM cartridge Input Cards Output Cards Power supply Auxiliary Relays Fuses/Breakers Terminal Strips Cabinet and door mounted Operators Control Panel will be factory assembled, prewired to numbered terminal strips and Factory Tested prior to shipment. 5. Operators BMS Insert Panel, JYC Proposal Dwg. SK001, mounted on Logic Cabinet door, prewired to Logic Cabinet internal terminal strips, containing: Purge/Prelight Permissive indicating lights (First Out) Cause of Trip indicating lights Status indicating lights for each burner for: Burner Flame Burner Air Register open - Closed Burner Gas Valve Open - Closed Control Switches for: Purge/Prelight Start Master (Boiler) Fuel Trip Burner ON - OFF (for each burner) 1 PURGE PERMISSIVES PRELIGHT PERMISSIVES MASTER FUEL TRIPS BURNER 3 BURNER 4 _ PURGE REQUIRED 0 MFT RESET OPERATOR TRIP ® � J `� 0 0 0 F. D, FAN RUNNING AIR F�AIV READY FLAME READY FLAME ON LOSS OF F.D. FAN 0 ® AIR REGISTER 0 AIR REGISTER DRUM LEVEL OK LING AIR COO SURE OK � LOW AIR FLOW 0 CLOSED OPEN CLOSED OPEN MAIN GAS TRIP VALVE CLOSED �=° IGNITER GAS TRIP 0 LOW DRUM LEVEL 0 GAS VALVES L) 0 GAS VALVES 0 ALL BURNER ED VALVES CLO VALVE OPEN IGNITER GAS HDR. PRESSURE OK LOW GAS HEADER PRESSURE CLOSED OPEN CLOSED OPEN IGNITER GAS TRIP 0 TRIP VALVE CLOSED �9 MAIN GAS VALVE OPEN �j HIGH GAS HEADER PRESSURE ALL BURNER AIR REGISTERS OPEN MAIN GAS HDR OK 0 LOSS OF ALL FLAME BURNER 1 BURNER 2 PRESSURE AIR FLOW > 25°6 PERMISSION TO LIGHT 0 VALVES CLOSED 0 0 0 0 PURGE IN PROGRESS 0 DELAYED LIGHTING 0 READY FLAME READY FLAME PURGE COMPLETE FURNACE PRESS. 0 AIR REGISTER 0 0 AIR REGISTER CLOSED OPEN CLOSED OPEN PROCESSOR FAULT 0 GAS VALVES � 0 GAS VALVES 0 PURGE PRELIGHT START START CLOSED OPEN CLOSED OPEN LAMP TEST MASTER FUEL TRIP THIS DR"G WAS PREPARED SPECF9GY.0 FOR THE CAPTIONED JOHNSON YOKOGAM PROPOSAL iTISACOKFDEI MI 013CLOOM FWUEHED BY JOHNSON YOKOGAWA WITHOUT CONSIDERKDON MER TWA THE RECEPMAGREEBAENTT471' SIWL NOT BE REPRODUCED, COPED, LENF, NDR OTHERYIBSE BEUSED FOR ANY PJRPOSE OTHER THAN TYk BKUATION OF THE PROPOSED JOHNSON YOKOGW PRODUCTSAND SEFWES. ,ON N, t—..as JOHNSON YOKOGAWA CORPORATION ,OGA.WA REVISION RECORD _ ISSUE RECORD "" DATE BLE BURNER MANAGEMENT SYSTEM DESCUTION JJY 0 DATE TO J E a APF 94E OPERATORS CONTROL PANEL (,MC PROPOSAL NO. 1 1 1 1 1 1 1 1 TINSDPPwNGYIAi PRB O SPECIFrALYFOR 111E CAMONED JOHNSON YOKOGWAPROPOS9L. RSA CONFOSTMLOSUOSLN1E FI►IINSIFOSYAMNISONYOKDG W111NIROOf COIISIERATION 01161 TINA TRE R&E'EMAGR83W TW M MUNOTRE REPRWXEO. COPED,IHT. NOR OTIERWWE WSED FORANYPIK+POSE OTHER TVA TREe4 Arwof 11EPROPOSEDJOHNSONYOKOGWAPRODOCISAI SERrES JOHNSONY- � 9- 4 ��-9 YOKOGAWA 5 JOHNSON YOKOGAWA CORPORA110N RUSION RECORD ISSUE RECORD CN( DATE TRTE BuRMR MANAGEMENT SYSTEM DATE DESCRIPTION BY NO DOTE TO I FOR REV LGGTC CABIU d OPERATORS COMROL PANG APP DATE LLBBOCK POWER&UGW-PLAINT ND.2 APP DATE mG. Nn SK - 002 --1 RBRSTDN Proposal Clarificationsjoualifications The prices quoted in this proposal are based on the following qualifications to the specification Terms and Conditions. 1. General Instructions To Bidders Item 7. Materials and Specifications Johnson Yokogawa will provide materials of high quality that are suitable for service in a Burner Management System and guarantees them as stated in this proposal. Johnson Yokogawa can not be liable for errors or omissions of the specifications. Item 8. Guarantees Please replace this paragraph with Johnson Yokogawa's Standard Warranty as follows; "Johnson Yokogawa warrants that the equipment manufactured by it shall be free from defects in material and workmanship arising from normal usage for a period of one (1) year from delivery of said equipment, or if installed by Johnson Yokogawa, for a period of one (1) year from installation. Johnson Yokogawa warrants that for equipment furnished and/or installed but not ' manufactured by Johnson Yokogawa, Johnson Yokogawa will extend the same warranty terms and conditions which Johnson Yokogawa receives for the manufacturer of said equipment,. For equipment installed by Johnson Yokogawa, if Purchased provides written notice to Johnson Yokogawa of any such defect within thirty (30) days after the 1 appearance or discovery of such defect, Johnson Yokogawa shall, at its option, repair or replace the defective equipment. For equipment not installed by Johnson Yokogawa, if Purchaser returns the defective equipment to ' Johnson Yokogawa within thirty (30) after appearance or discovery Johnson Yokogawa shall, at its option, repair or replace the defective equipment and return said equipment to Purchaser. All transportation charges ' incurred in connection with the warranty for equipment not installed by Johnson. Yokogawa shall be borne by Purchaser. These warranties do not extend to any equipment which has been repaired by others, abused, altered or misused, or which has not been properly and reasonably maintained. THESE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE." 1 Item 16. Insurance Please delete "All policies shall contain an agreement on the part of the insurer waiving the rights to subrogation." 2. General Conditions of the Agreement Item 9. Substantially Completed Revise to read " or the facility is in a condition as specified in this agreement." Item 24. Extra Work Please add: Extra work that requires additional time by JYC's engineers, designers, shop labor, or working Superintendent will be considered "Actual Field Costs" for determining the price of extra work. PAYMENT BOND SaIr - C'lFCk STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160 13-19-37 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION, 1959 -19JOHNSON YOKOGAWA CORPORATION 4 DART ROAD y KNOW ALL MEN BY THESE PRESENTS, that NEWNAN , GA 30265 (hereinafter called the Principal(s), as Principal(s), and THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA (hereinafter called the Sorettyy((s,)•� as Sure��y,,(�s}} e h 1 d unto the City of Lubbock (hereinafter called the Obligee), in the amount oWHREE HUNDRED S IXT� F V $ W , 3 6 9, 4 fi);41* 1 money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the day of 119 , to FURNISH AND INSTALL A BURNER MANAGEMENT SYSTEM WITH IGNITORS BURNER MANAGEMENT SYSTEM FOR LUBBOCK POWER AND LIGHT PLANT #2, LUBBOCK, TX and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants 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 as amended by Acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 31 HT da► of MAY 193-5i. THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA JOHNSON YOKOGAWA CORPORAT Surety Princi (/ e JANIS . MUL2 0 (Title) .,i ATT NEY-IN-FACT JOHN W. ��N/D By: ATTORNEY-IN-FACT ,� COUNTERSIG D BY: (Title) By:. {Title} TX RESIDENT A&NT or 1 13-19-37 The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates - * an agent resident in.Lubbock County to whom any requisite notices may be delivered and on whom service of " process may be had in matters arising out of such suretyship- ir INSURAivCE CMAi 7f- OF TRE STAT%OF PENIdKL *BOBBY M. VINSON Surety � r ATTENTION:_-LEONA SCHWABB P 0 BOX 1160 � G% T 75221 *B`:�ffa DALLAS X 75 e) F IS M. MUCCIO -ir ATTORNEY—IN—FACT T Approved as to Form Or City of k t By: uty Attorney * Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person: has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney- for our files. 1 if C PERFORMANCE BOND 1 1 B�sr'��y�Ck ,04 4 ar 13-19-37 STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 567111 LEGISLATURE, REGULAR SESSION 1959 JOHNSON YOKOGAWA CORPORATION 4 DART ROAD, NEWNAN, GA 30265 KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA 70 PINE STREET; NEW YORK NY 10270 (hereinafter cal"$, re ",�ffeYA:" h� qtV fi��to the City of Lubbock (hereinafter called the Obligee), in the amount of POI R HUNDRED S XTY FIVE Dollars ( ,4 6 5 . SAwful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the _ day of . 19—, to FURNISH AND INSTALL A BURNER MANAGEMENT SYSTEM WITH IGNITORS BURNER MANAGEMENT SYSTEM FOR LUBBOCK POWER AND LIGHT PLANT #2, LUBBOCK, TX and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as frilly and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. _ PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes -� of Texas as amended by Acts of the 56th Legislature, regular session 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. r J a IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 114%y of MAY 19 95. THE INSURANCE COMPANY OF THE STATE OF PENNSYLVAN 4 JOHNJqffQN Y :OG A ORP RA': Surety Princi V. By: By: G& JANIS M. MUCCIO ATTT?RNEY- IN -FACT COUNTERSIGNED BY: TX RESIDENT AGENT By: / (Title) . /JOHN W. MAYNAR ATTORNEY-IN-FACT (Title) (Title) AM 13-19-37 The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates * an agent resident in Lubbock_ County_ to -whom any -requisite notices may be delivered and bra whom service -of --- process may be had in matters arising out of juch suretyship. - Iir'SLTRr"iNCE COiiPAivY OF THE STATE OF PENNS Y•Li±ANI IA 'BOBBY M. VINSON Surety ATTENTION: LEONA SCHWABB P 0 BOX 1160 --- -�t' DALLAS TX 75221Fjy rile) JANIS M. MUCCIO Approved as to Form TORNEY-IN-•FACT City of bock BY: _.4 ity Attorney * Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attormcv for our files. M" 4W JOHNS N YOK GAWK ,, KNOW ALL BY THESE PRESENTS: Johnson Yokogawa Corporation 4 Dart Road Newnan, GA 30265-1040 Tel, 404254-0400 FAX: 404/254-0928 POWER OF ATTORNEY That JOHNSON YOKOGAWA CORPORATION, a Delaware corporation, does hereby appoint John W. Maynard, its true and lawful attorney-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind JOHNSON YOKOGAWA CORPORATION. This power shall remain in full force and effect until revoked in writing by the President of the Corporation. IN WITNESS WHEREOF, JOHNSON YOKOGAWA CORPORATION has executed and attested these presents this 1st day of October, 1993. By: 14rge A. Doig President Attu ' Robert H. ndl, ` 'start ecretary it � I i CERTIFICATE Extract from the By -Laws of Johnson Yokogawa Corporation "Article 111, Section 5 - President: The President shall be the Chief Executive Officer of the Corporation... He shall have authority, subject to such rules as may be prescribed by the Board of Directors, to appoint such agents and employees of the Corporation as he shall deem necessary, to prescribe their powers, duties and compensation and to delegate authority to them. He shall have authority to sign, execute and acknowledge, on behalf of the Corporation, all bonds, contracts, and all other documents or instruments necessary or proper to be executed in the course of the Corporation's regular business, or which shall be authorized by resolution of the Board of Directors, and, except as otherwise provided by law of the Board of Directors, he may authorize the Executive Vice President, any Vice President, or other officer or agent of the Corporation to sign, execute and acknowledge such documents or instruments in his place and stead." I Robert H. Rendl, Assistant Secretary of JOHNSON YOKOGAWA CORPORATION, do hereby certify the foregoing extract of the By -Laws of the Corporation, and George A. Doig is the President of said Corporation, and the Power of Attorney issued pursuant thereto to John W. Maynard, are true and correct, and that both the By -Laws and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation this 31ST day of MAY , 19 95 [SEAL] -Robert H. Rendl, Xssistant Secretary p�,md.dm no bmwaace comps" of the state of Pesastffania POWER OF ATFORNEY - PnncgW Hoed Ofmoe 70 Pine Strad, New York. NY 10274 No 02 -B -LW KNOW AIL MRN BY TUM 1rRB,UMM That The Iastrtance Company of the State of Peaesyivania, a Peanrylvania corpotabon, does hereby appomt as ---WWiMM R. Hmeck JMb K Mace* rim K ChPp[r, Robwt F Me bdpv, Gregory W. Doaaavan: of Mihraukee, WI—its tree and lawful Attoraey(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other eoetracts of i desaky and wwriltmp oblgatory in the nature thereof, issued in the course of its business, and to bind the company d=vb'y. ' IN WITAiI;.SB'WHR M The Insurance Cam of the State of Pe has executed , pony nnsyivanta these presents 1�� i I � I STATE Of NRW YORK } COUNTY OF NEW YORK)s& On this 1&h day of October 1921 before me came the above �t named officer of The Insurance Company of the State of Pennsylvania, to me personally known to be the is�l' �lOSPAH B. NOZZOLIO and officer &Kribed herein, and W'kno*lodged that heWary Public, State ol yew York executed the foregoing instrument and affixed the seal of said, No. 01-NO4652754 corporation thereto by authority of his office. Poallfied in Westchester County Parse Expires Jan. 31, .f yq.(P CERTIFICATE Excerpts of Resolution adapted by the Board of Directors of The Insurance Company of the State of Pennsylvania, on May 18, 1976: "RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attorneys -in -Fact to represent and act for and on behalf of the Company to execute bands, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, acct to attach thereto the corporate seal of the Company, in the transaction of its surety business; "RESOLVED, that the sib and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to an cc tiFcate thereto Ow4u rile, and any such Power of A or ecti�sLe y reVtigg by y Attorney bearing such facsimile signatures or fax:amile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof, "ABSOLVED, that any such Attorney -in -Fact delivering a wwftrud certification that the foregoing resolutions still be in effect may insert in such certification the date thereof, said date to be not later then the date of delivery thereof by such Attorney -in -Fact." I, Elizabeth M. -fuck, Secretary of The Insurance Company of the State of Pennsylvania, do hereby certify that the foregoing excerpts of Resolution adopted by the Board of Directors of this corporation, and the Power of Attorney issued pursuant thereto, are true and correct, and that both the Resolution and the Power of Attorney are in full force and effect. IN'VNITNESS VIHXMOF, I have hereunto set my hand and affixed the facsimile seal of the corporation this 31ST day of MAY 19 95 It )k Awa --'o Elizabeth IM. Tuck, Secretary 1.4 � I THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA 70 PINE STREET NEW YORK, NEW YORK 14370 TEXAS NOTICE WPORTANT NOTICE To obtain information or make a complaint; You may Call -'I`he Insurance Company of ' the State of Pennsylvania's toll-free telephone numter for information or to make a complaint at: ' 1-4300-553-6.938 You may contact the Texas Department of Insurance to obtain information on companies, eovcrages, rights or complaints ' at: 1-1300-252-3439 You may write the Texas Department of Insurance P.O. Sox 149104 Austin, Tat 7$714-9104 Fax # (5 12) 475 -1771 PRFNIIUM OR CLAIM DISPUTES: Should you have: a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not I resolved, you may contact the Texas Department of Insurance. ATTACH THUS NOTICE TO YOUR POLICY: This notice is for information only and doe,; not become a part or condition of the attached document. 1 53594 (5192) AVISO DOORTANTE Para obtener informacion o para someter Una queja: Ustedpcede hamar al numero de telefono mitis de The Insurance Company of the ,State of Pennsylvania's para informacion o para someter una quela al: 1-8W$53-6938 Puede comunicarse con el Departamento de Seguros ole Texas para obtener informacion a=ca de cornparuas, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas P.O. Box 149144 ,Austin, TX 75714-9104 Fax # (512) 475-1771 DISPUTAS SOME PRII4IAS D RECLAMOS: Si bene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente primes. Si no se resuelve la disputa, puede cntonces comunicarse con el departamento (TDI). UNA ESTE AVIS O A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. CERTIFICATE OF INSURANCE ...... ,.;...........:•..•: , �-�Cc-':xaa;::e•-t.:...:..'.:.:.......:.:::;:,:::c::::::F>is::y:i:r:%J'_:_.::i::aY.'<'i%:^:>,vz.. r....... .....-...:r.. ..........r :-:::.:•.:...............:,...:......... .. .y. 4,n:._ a:.,,sv....,..r. ,.y,.:> :+•r::,.:4.,,....., >:..,..,.,. r i, c•YG . r.<•x'.-d.?' r'fia.-i C•� G4• t• K s ° (Mu/130^ ..�,.: W�ii/ �'`{ �� $fi tf 6/19/ 5... r�fi'.'a�aa"vT.n;,:�fW�t�'/J.4•::.^•.''..in ::,... ......: n:;:::.:.:::? r...� .!.>.. 'i . :.:..... t ... ....:. ..... .: PROOU� 7THIERTiFiCATEI I UED A MA ER f NF RMATI N NLY ANIJ1LirSh iL McLennan, Inco orated S NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE rP T AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 3400 Georgia-Pacific Center S BELOW. P.O. Box 105008 COMPANIES AFFORDING COVERAGE Atlanta, GA 30348 Patti-Sue Burton � °R"Y A TRAVELERS INDEMNITY OF ILL. �RNY B NATIONAL UNION FIRE INS . CO. PNMMD Johnson Yokogawa Corporation 4 Dart Road LRS C HARTFORD FIRE INSURANCE CO Shenandoah Industrial Park ooMPANY D Newnan, GA 30265 COMPANY LETT ::fiAYI�►fiS..:,:..... :......, THIS IS TO CERTIFY THAT THE POUCIES 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. UMITS SHOWN MAY HAVE BEEN REDUCED BY PND CLAJMS. co TYPE of N W RANCE pY { POLICY EFFECTI4E Y MM j40/YY) LTR DATE (MM/DD/YY) RAL LIABLITY GENERAL AGGREGATE 6 r r 00 COMMERCIAL GENERAL LIABAJTY PRODUCTS-COMP/OP AM t ,r r:GL 1463220 6/9/95 /99 auMa MADE = OCCUR. /9/9 6 PERSONAL l ADV. INJURY 6 .. �: 1: OWNER'S s COWR AOTOR'S PROT, EACH OCCURRENCE t 1 000.0 FIRE DAMAGE (Any ora Ike) i MED. EXPENSE (Any ora parow) i A MnOVA UUAIILM JCAP-394J265-8-94 9/01/94 9/01/95 COMBINED SM43E = 1000000 UMrT x ANY AUTO ALL OWNED AUTOS BODILY INJURY = (Per P-) SCFEDLAED AUTOS HIRED AUTOS BODILY INJURY = (P.r &=Id.rd) NON-OWNED AUTOS GARAGE UABIJTY PROPERTY DAMAGE E EUMM UAfiKffY BE 309-52-75 9/01/94 9/01/95 EACH OCCURRENCE 6 1000000 AGGREGATE 6 2000000 x UMBREUJAFORM OTHER THAN UMBRELLA FORM A wCowR'Et C06WE lEi TM DRNUB- 3 9 5 5 8 5 9 -A9 9/01/94 9/01/95 EACH JAC�CIDENr STATUTORY uMlrs n 6 l00000 Min DISE ASE-P000Y UMrr i 500000 9111Pl.OVEM LMYEIJIY DISEASE-EACH EMPLOYEE $ 100000 GFWR C INLAND MARINE 20KSLT1493 4/01/95 9/01/95 $365,465 Job Cost Installation c verage, Contract value subject to the terms, conditions, limitations, deductibles i ex fusions. DEEIGREPTM OF OPERATMWLOCATfOMf/WHELES/111PECL "on (SEE REVERSE AND/OR ATTACHED) a ;a SHOULD ANY OF TFIE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE r':a EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO City of Lubbock }�' Attn: Aon Sheffield :' MAIL ___3_0DAYs WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 1625 13th Streit LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE N4*QBGATION OR ROOM L04 UABIUTY OF 'ANY IOND,UPON THE COMPANY NTS OR REPRESENTATIVES. ;£ >; Lubbock, T3 79401 4�:wTT+�DF434W."T ..... ... ,v,,; .:.r..:.u:{r.:0:4,v:.,w..t.?a::,v-C.}i:{•:ii':`S`eci.'i•,°°..... ..:..r ::.r}� i'$ i 11 I A CONTRACTOR SHALL. CONTRACTOR CHECKLIST ' (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity ' will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: Wk 11 11 11 11 REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 5121440- 3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employers failure to i provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project, (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. 0 1 11 11 1 11 11 11 u CONTRACT rCONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this Ilth day of May, 1995, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and JOHNSON YOKOGAWA CORPORATION, the City of Carrollton, County of Dallas, and the State of TEXAS, hereinafter termed CONTRACTOR. ' WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #13211 - BURNER MANAGEMENT SYSTEMS FOR LUBBOCK POWER & LIGHT PLANT NO. 2 UPGRADE - $365,465.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. ' IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: Secre APPROVE SO CONTENT: sy ' resentative APPROVED AS TO FORM i ttorney IATTEST: Corporate Secretary CITY OF LUBBOCK, TEXAS (OWNER) By: e-l� MAYOR CONTRACT By: f'el (Printed or Typed Name)) TITLE: COMPLETE ADDRESS: Johnson Yokogawa Corporation 1201 West Crosby Road Carrollton, Texas 75006-6905 zo IGENERAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall be understood to mean the person, persons, co -partnership or corporation, to -wit: JOHNSON YOKOGAWA CORPORATION, who has agreed to perform the work embraced in this contract, or to his or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to City of Lubbock, under whose supervision these contract documents, including DAVID GOODE, ASSISTANT i PRODUCTION SUPERINTENDENT, LUBBOCK POWER & LIGHT,_City of Lubbock, under whose supervision these contract documents, including plans and specifications, were prepared, and who will inspect constructions; or to such other representative, supervisor, or inspector as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisor or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or men acting in behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for his inspection in accordance with the Notice to Bidders. S. INTERPRETATION OF PHRASES frA Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to him who gives the notice. 8. WORK Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The 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 documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense to him and he shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress of quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. He will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will he be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. His efforts will be directed towards providing assurances for the Owner that the completed project will conform to the requirements of the contract documents, but he will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. On the basis of his onsite observations, he will keep the Owner informed of the progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of the Contractor. 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend his work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him, his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative shall review all work included herein. He has the authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and disputes and to discourage litigation, it is further agreed that the Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under this contract. He shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The Owner's Representatives' 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 direction of the Owner's Representative as rendered shall be promptly carried out, and any claim arising therefrom shall be thereafter adjusted to arbitration as hereinafter provided. The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the Contractor a written decision on all claims of the parties hereto and on all questions which may arise relative to the execution of the work or the interpretation of the contract, specifications and plans. Should the Owner's Representative fail to make such decision within a reasonable time, an appeal to arbitration may be taken as if his decision had been rendered against the party appealing, 15. SUPERINTENDENCE AND INSPECTION 1 It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying 1 plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within six (6) days make written appeal to the Owner's Representative for his decision. ' 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor ' is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of his agents or employees, or any other persons performing any of the work. 11 1 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way effect the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of this contract, shall effect or modify any of the terms or obligations herein contained. 18. CHARACTER OF WORKMEN The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required under this contract, to do the work„ and agrees that whenever the Owner's Representative shall inform him in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or disorderly, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place; of discovery of such errors and regardless of whether Owner's Observer has previously accepted the work through oversight or otherwise. If any work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approval, and any work which meets the requirements of any'such tests or approval but does not meet the requirements of the contract documents shall be considered defective. Such defective work shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under this agreement to make such inspections, tests, or approvals shall relieve the Contractor from his obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owners' Representative as unsuitable or not in conformity with plans, specification and contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's proposal, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to r the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the actual field cost of the work, plus fifteen (15%) per cent. 11 ii In the event said extra work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workmen's Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in waiting by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to arbitration as herein below provided. 25. DISCREPANCIES AND OMISSIONS I It is further agreed that it is the intent of this contract that all work described in the proposal, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. If the Contractor finds any discrepancies or omissions in these plans, specifications, or contract documents, he should notify the Owners' Representative and obtain a clarification before the bids are received, and if no such request is received by the Owner's Representative prior to the opening of bids, then it shall be considered that the Contractor fully understands the work to be included and has provided sufficient sums in his proposal to complete the work in accordance with these plans and specifications. It is further understood that any request for clarification must be submitted no later than five days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. I 27 28. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC The Contractor shall take out and procure a policy 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 shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend, indemnify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or claims of any character whatsoever, brought for or on account of any injuries or damages received or sustained by any person or persons or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the execution and supervision of said contract, and the project which is the subject matter of this contract, on account of the failure of Contractor or any subcontractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment with costs which may be obtained against the Owner or any of its officers, agents, or employees including attorney's fees. The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of his duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of his subcontractors. CONTRACTOR'S INSURANCE The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. A. Comprehensive General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $500.000 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Compteted Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury (with exclusion "c" waived) 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 and or property damage, $500,000 Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $500,000 Combined Single Limit, to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned Vehicles. The City is to be named as an additional insured on this policy for this speck 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 the total contract price (100% of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance The Contractor shall have Umbrella Liability Insurance in the amount of $1,000,000 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. Worker's Compensation and Employers Liability Insurance Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000 Definitions Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self - insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC- 84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in ❑406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4, If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended, 5. The contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the contractor, a new certificate of coverage showing ' extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8, The contractor shall post on each project site a notice, in the text, form and manner prescribed by the ' Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The contractor shall contractually require each person with whom it contracts to provide services on the project, to: ' (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. Io. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth.- (1) orth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (S) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATIONCOVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 3121440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. " and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATIONCOVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 3121440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. " and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (iv) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (I), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than 15 employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN. AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, all suppliers, including commissary, incurred in the furtherance of the performance of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness. Any and all communications between any party under this paragraph must be in writing. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or Owner thereof. The Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harmless � I from any loss on account thereof. If the material or process specified or required by Owner is an infringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner effect the contract or the work, and shall indemnify and save harmless the Owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners' ' Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, he shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. ASSIGNMENT AND SUBLETTING The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this contractual agreement. 34. TIME FOR COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract of work to be done hereunder arc essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the Notice to Proceed. If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $100.00 (One Hundred) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every calendar day that the Contractor shall be in default after the time stipulated for completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic change and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sustain, and the amount is agreed to be damages the Owner would sustain and shall be retained by the Owner from current periodical estimates for payments or from final payment. It is further agreed and understood between the Contractor and Owner that time is of the essence of this contract. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the proposals; provided, also, that when the Owner is having other work done, either by contract or by his own force, the Owner's 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 parts of the work and estimated dates of completion of the several parts. 36. EXTENSION OF ME 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, walkouts, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for an extension of time, submitting therewith all written justification as may be required by Owner's Representative for such an extension as requested by Contractor. The Owner's Representative within ten (10) days after receipt of a written request for an extension of time by the Contractor supported by all requested documentation shall then submit such written request to the City Council of the City of Lubbock for their consideration. Should the Contractor disagree with the action of City Council on granting an extension of time, such disagreement shall be settled by arbitration as hereinafter provided. M 37. HINDRANCE AND DELAYS In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays in securing material or workmen or otherwise. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. (QUANTITIES AND MEASUREMENTS No extra or custom measurements of an kind will be allowed, but the actual measured or computed len qu �' y p length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their proposals offered for the work It is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the Owner against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the existence or character of the work. 40. 41 42. 43 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 Owner's Representative. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner which have not theretofore been timely filed as provided in this contract. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment. Owner's Representative shall review said application for partial payment and the progress of the work made by the Contractor and if found to be in order shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month; said statement shall also include the value of all sound materials delivered on site of the work that are to be fabricated into the work. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of this agreement. It is understood, however, that in case the whole work be near to completion, and this fact is certified to by Owner's Representative and some unexpected and some unusual delay occurs due to no fault or negligence on the part of the Contractor, the Owner may upon written recommendation of Owner's Representative pay a reasonable and equitable portion of the retained percentage due Contractor. FINAL COMPLETION AND ACCEPTANCE Within thirty-one (3 1) days after the Contractor has given the Owner's Representative written notice that the work has been completed or substantially completed, the Owner's Representative and the Owner shall inspect the work and within said time, if the work be found to be completed or substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor his certificate of completion, and thereupon it shall be the duty of the Owner within thirty -ane (3 1) dans to issue a certificate of acceptance of the work to the Contractor. 44, FINAL PAYMENT Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final measurement and prepare a final statement of the value of all work performed and materials furnished under the terms of the agreement, and shall certify same to the Owner, who shall pay to the Contractor on or before the 31 st day after the date of certificate of completion, the balance due Contractor under the terms of this agreement, provided he has fully performed his contractual obligations under the terms of this contract; and said payment shall become due in any event upon said performance by the Contractor. Neither the certificate of acceptance nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the special conditions (if any) of this contract or required in the specifications made a part of this contract. 45. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK Contractor shall promptly remove from Owners' premises all materials condemned by the Owner's Representative on account of failure to conform to the contract, whether actually incorporated in the work or not, and Contractor shall at his own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. 46. CORRECTION OF WORK AFTER FINAL PAYMENT Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of substantial completion. The Owner or the Owner's Representative shall give notice of observed defects with reasonable promptness. 47. PAYMENT WITHHELD The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating possible filing of claims. I (c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) Damage to another contractor. 1 When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. 48. TIME OF FILING CLAIMS It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shalt be in writing and filed with the Owner's Representative within fifteen (15) days after the Owner's Representative has given any directions, order or instruction to which the Contractor desires to take exception. The Owners' Representative shall reply to such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal from the decision of the Owner's Representative, any demand for arbitration shall be filed with the Owner's Representative and the Owner in writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any claim by either party, except where noted otherwise in the contract documents. 49. ABANDONMENT BY CONTRACTOR In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the orders of the Owner's Representative, when such orders are consistent with this contract, this Agreement, or the Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for within ten. (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. However, should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the 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 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. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor r 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 r notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than the Contractor or his Surety, to their proper owners. 50. ABANDONMENT BY OWNER In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools, and equipment, and all materials on the ground that have not been included in payments to the Contractor and have not been incorporated into the work. Thereupon, the Owner's Representative shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Contractor at the prices stated in the attached proposal, the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the whole work to completion, and which cannot be utilized. The Owner's Representative shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and ' all other sums that may be retained by the Owner under the terms of this Agreement, and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this Agreement. 51. BONDS I The successful bidder shall be required to furnish a performance bond and payment bond in accordance with Article 5160, Vernon's Annotated Civil Statutes in the amount of 100% of the total contract price, in the event said contract price exceeds $25,000.00. If the contract price does not exceed $25,000.00, the statutory bonds will not be required. All bonds, if required, shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. And it is further agreed that this contract shall not be in effect until such bonds are so furnished. 52. SPECIAL CONDITIONS I In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 53. LOSSES FROM NATURAL CAUSES Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 54. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control his own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during his performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 55. CLEANTNG UP M 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. n 1 CURRENT WAGE DETERMINATIONS i pi 1 1 n 11 11 11 1 54. 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 Vernons Ann.Civ.St., Art. 5159x; and WHEREAS, such wage rates were established by Resolution No. 719 enacted February 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984; and WHEREAS, such rates need to be updated at the present time in order to reflect the current prevailing rate of per diem wages; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the general prevailing rate of per diem wages for public works contracts shall be as set forth in the following named exhibits, which exhibits shall be attached hereto and made a part hereof for all intents and purposes: Exhibit A: Building Construction Trades Exhibit B: Paving and Highway Construction Trades Exhibit C: Electrical Trades Exhibit D: Overtime Rate Exhibit E: Weekend and Holiday Rate Such wage rates are hereby found and declared to be the general prevailing rate of per diem wages in all localities where public works are undertaken on behalf of the City of Lubbock and such wage rates shall be included in all public works contracts as provided by law. Passed by the City Council this 8th day of January 1987. • TTE r RanettL',,Boyd, City CSecretary APPROVED TO ONTENT: Bi ] P yne, D rector of Building Services A. �•�y G B.C. MCMINN, MAYOR APPROVED AS TO FORM: Dorrald G. Vandiver, First Assistant City Attorney f Craft EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Acoustical Ceiling Installer Air Conditioner Installer Air Conditioner Installer -Helper Bricklayer Bricklayer -Helper Carpenter Carpenter -Helper Cement Finisher Drywall Hanger Electrician Electrician -Helper Equipment Operator - Heavy Light Floor Installer Glazier Insulator, Piping/Boiler Insulator -Helper Iron Worker Laborer, General Mortar Mixer Painter Plumber Plumber -Helper Roofer Roofer -Helper Sheet Metal Worker Sheet Metal Worker -Helper Welder - Certified Hourly Rate $11.60 8.35 5.50 10.50 5.00 11.00 5.50 7.35 8.70 10.50 5.25 8.00 5.70 8.00 7.50 9.50 5.00 7.30 4.75 5.60 8.75 9.25 6.00 7.65 4.75 8.75 5.50 8.00 in EXHIBIT 8 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 OWER EQUIPMENT OPERATORS sphalt Paving Machine ulldozer oncrete Paving Machinist ront End Loader eavy Equipment Operator ight Equipment Operator otor Grade Operator. oller :raper Tactor ruck 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 1 1 w I t Ti11 in EXHIBIT 8 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 OWER EQUIPMENT OPERATORS sphalt Paving Machine ulldozer oncrete Paving Machinist ront End Loader eavy Equipment Operator ight Equipment Operator otor Grade Operator. oller :raper Tactor ruck 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 Craft EXHIBIT C Electric Construction Trades Prevailing Wage Rates Power Line Foreman Lineman Journeyman Lineman Apprentice Series Groundman Series EXHIBIT D Prevailing Wage Rates Overtime Rate Hourl Rate $11.00 10.45 8.90 7.25 The rate for overtime tan excess of forty hours per week) is 1 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. SPECIFICATIONS Technical Specifications for Burner Management Systems at LP&L Plant 2 LUBBOCK POWER & LIGHT ELECTRIC PRODUCTION DEPARTMENT Holly Avenue Power Generating Station 3500 E. Slaton Highway Lubbock, Texas Amended March, 1995 1. SCOPE OF WORK. This specification covers the supply and installation of a burner management safety system to be installed on No. 6 Boiler at LP&L's Plant 2, located at 600 Municipal drive, Lubbock, and Alternates as described below. The system is to include electronic logic control hardware and software, remote control and display and flame scanners and igniters. Also required are double block and bleed valving and all associated pipiing modifications on both main and pilot burners, and pneumatic burner air register actuators. All necessary flow and pressure transmitters and all associated wiring installation are also to be provided. 1.1 Alternate I Supply and installation of a burner management safety system on No.7 Boiler at Plant 2 to the some specification. 1.2 Alternate 2 Supply and installation of a burner management safety system on No.4 Boiler at Plant 2 to the some specification. 1.3 Alternate 3 Supply and installation of a burner management safety system on No.5 Boiler at Plant 2 to the some specification. 1.4 Tiring IP&I anticipates award of this contract by May 1, 1995. Commissioning of the burner management system on #6 Boiler is required by July 1, 1995. Completion of Alternates is required within a further 45 days for each additional Alternole accepted. Depending on avoilabilily of the unils and on the associated installation cost, the installation of the Alternates may be postponed until next fall and winter. 2. GENERAL. Each Burner Management System shall be a fully integrated microprocessor (PLC) based system. It shall be designed to monitor, control, display and alarm all functions and operations required to safely and reliably startup and stop the tiring of gas for a single fuel multiburner boiler. The system shall comply in all respects with NFPA design code 85C for automatic lightoff. System design shall be based on fail-safe "de -energize to trip". In addition, the system shall identify, in the event of a trip, the first fault causing the trip. 3. QUALIFICATION. Bidders shall have furnished an operational system to a utility within the past 3 years and shall include in their bid a list of references with telephone numbers. 4. PLANT & SYSTEM LAYOUT. The four boilers are arranged adjacent to each other. Nos 6 and 7 Boilers are B&W 22MW units of mid '50s vintage and Nos 4 and 5 Boilers are 1 1 .5 MW units built in the early '50s. An air conditioned control room is located on the burner floor about 20 feet back from the line of the burner fronts. The approximate distance from the center of the control room to the center of each burner front is as follows:-- No.7 Boiler 150 ft No.6 Boiler 90 ft No.5 Boiler 60 ft NoA Boiler 45 ft 5. EXISTING BURNER SYSTEMS. Nos 6 & 7 Boilers. These are B&W 200,000 lbs/hr, forced draft boilers and are each equipped with four B&W circular mechanical atomizing oil burners with gas spuds. Only natural gas is to be fired in future. The gas flow at maximum continuous rating is 263 MCFH per boiler and the gas ,pressure at the automatic control valve is around 40 prig. Each burner is equipped with a pilot ignition which is to be replaced. No. 5 Boiler. This is a Riley 135,000 lbs/hr, balanced draft boiler with four Forney DY -4 combination gas and mechanical atomizing oil burners. As with Nos 6 and 7 boilers, only natural gas is to be fired in future. The gas flow at maximum continuous rating is 9300 lbs/hr. No pilot burners are installed. No.4 Boiler. This is a Union Iron Works 135,000 lbs/hr, balanced draft boiler with four Forney DY -4 combination gas and mechanical atomizing oil burners. Again, only natural gas is to be fired in future. The gas flow at maximum continuous rating is 9300 lbs/hr. No pilot burners are installed. 6. EQUIPMENT REQUIREMENTS. The following hardware requirements are common for all four boilers:— Igniters- New igniters and pilot burners are required. The existing arrangement for Nos 6 and 7 Boilers comprises four main burners with four pilot burners. However the Bidder may, if he can identify a benefit in doing so, offer a main burner ignition system and eliminate the pilot system altogether. Nos 4 and 5 Boilers have four main burners but no pilots. Flame Scanners. Flame scanners shall be furnished for all main burners and for pilots if applicable. The Contractor shall furnish and install any ancillary equipment such as cooling or purge air blowers that may be required for his scanners for reliable service. Burner Register Actuators and Mounting Hardware. Existing burner registers are manually operated. The Contractor shall furnish pneumatically powered, electronically controlled, actuators, together with mounting hardware and installation drawings. LP&L will provide 120 V, single phase, 60 Hz AC power for system operation and for installation purposes. 480 V, 3 phase AC is also available if required. 8. INSTRUMENT AIR SUPPLY. ' LP&L will furnish compressed air for pneumatic actuation of valves, etc, at a pressure between 60 and 100 psig. Normal supply pressure will be 80 psig. Air will also be available for installation purposes as required. R. ELECTRICAL INSTALLATION. A11 electrical materials and workmanship shall be in accordance with current NEC electrical codes, and shall comply with all applicable State and local codes and ordinances. 10. PIPING INSTALLATION. Afl modifications to piping shall be carried out in accordance with the ASME Power Piping Code B31. 11. ENVIRONMENTAL CONSIDERATIONS. The Contractor shall furnish and install any environmental protection necessary to enable any electronic (or otherwise sensitive) equipment located outside the control room to operate satisfactorily in the ambient and radiant heat and dust conditions occurring during summer operation at maximum boiler ratings. Double Block and Bleed Valves. ' Double Block and Bleed valves and associated piping modifications shall be provided for each main and pilot burner. Electronic Programmable Logic Controller. An electronic programmable logic controller shall be furnished to control the burner management system. Limit Sensors. Limit sensors for pressure, temperature and position as required for the system shall be furnished together with all necessary mounting hardware. Remote Confrol and Display Panel. ' A remote control and display panel shall be furnished for the boiler and these shall be installed in the Boiler Control Room. Local stations are not essential. ' 7. POWER SUPPLY. LP&L will provide 120 V, single phase, 60 Hz AC power for system operation and for installation purposes. 480 V, 3 phase AC is also available if required. 8. INSTRUMENT AIR SUPPLY. ' LP&L will furnish compressed air for pneumatic actuation of valves, etc, at a pressure between 60 and 100 psig. Normal supply pressure will be 80 psig. Air will also be available for installation purposes as required. R. ELECTRICAL INSTALLATION. A11 electrical materials and workmanship shall be in accordance with current NEC electrical codes, and shall comply with all applicable State and local codes and ordinances. 10. PIPING INSTALLATION. Afl modifications to piping shall be carried out in accordance with the ASME Power Piping Code B31. 11. ENVIRONMENTAL CONSIDERATIONS. The Contractor shall furnish and install any environmental protection necessary to enable any electronic (or otherwise sensitive) equipment located outside the control room to operate satisfactorily in the ambient and radiant heat and dust conditions occurring during summer operation at maximum boiler ratings. 12. DOCUMENTATION. The following documentation shall be submitted with the bid:— Functional description of the burner management system Power requirements for the syslem Preliminary schematic diagrams Instrumention, electronic and mechanical hardware data sheets Two sets each of the fallowing documentation shall be supplied as part of the contract. -- Final schematics (as built) Operating and maintenance manuals Drawings of cabinet/panel layout and internal wiring Drawings of external wiring to field elements Installation drawings for all hardware Hardware parts and rnaintenance manuals 1/O list 13. COMMISSIONING AND TRAINING. The Contractor shall successfully commission each Burner Management System and provide adequate training to operators and technicians for the satisfactory operation and maintenance of the systems. 1 1 1 SPECIAL CONDITIONS t 1 1 I NOTICE OF ACCEPTANCE 0 I TO: The City of Lubbock, having considered the proposals submitted and opened on the day of 199_, for work to be done and materials to be furnished in and for: as set forth in detail in the Specifications, Plans, and Contract Documents for such work for the 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 accepter] by the City Council of the City of Lubbock on the day of 199 at the bid price contained therein, subject to the execution of and furnishing of all contract documents, bonds, certificates of insurance, and all other documents specified and required to be executed and furnished under the contract documents. It will be necessary for you to execute and furnish to the City of Lubbock all such documents within ten (10) days from your receipt of this Notice. The five percent (5%) bid security, submitted with your proposal, will be returned upon the execution of such contract documents and bonds within the above specified ten (10) day period. In the event you should fail to execute and famish such contract documents and bonds within the time limit specified, said bid security will be retained by the City of Lubbock. CITY OF LUBBOCK Owner's Representative