HomeMy WebLinkAboutResolution - 3471 - Contract - American Tank Company - Clean & Paint 3 Elevated Water Tanks - 10/11/1990DGV:js
RESOLUTION
Resolution #3471
BID #10856
October 11., 1990
Item #32
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract by and
between the City of Lubbock and American Tank Company for Clean/Paint 3
Elevated Tanks, attached herewith, which shall be spread upon the minutes of
the Council and as spread upon the minutes of this Council shall constitute
and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 11th day of October , 1990.
. C. Mc NN, MAYOR
ATTEST:
oya, c,—i—Ty 5ecrvtary
1APPROVED AS TO CONTENT:
f
;Gene Eads, Purc asing Manager
APPROVED AS TO FORM:
;Donald G. vanaiver, first Assistan
!City Attorney
�6 4t 34 7/
CITY OF LUBBOCK
SPECIFICATIONS
FOR
THIEF ELEVATED WATER TANKS
RID # 10855
«� 1� v
CITY OF LUBBOCK
Lubbock, Texas di h 4 C�
MAILED TO VENDOR: September 7, 1990
CLOSE: 9/13/90
NEW CLOSING DATE:9/25/90 @3:00 P.M.
BID # 10856
ADDENDUM # 1
PLEASE NOTE THE FOLLOWING:
1. Change prebid conference to be September 13, 1990 at 11:00
a.m. Room 108, 1625 13th Street, Lubbock, TX.
2. Change closing date to be September 25, 1990 at 3:00 p.m.
3. Items 7 and 11 per the attached sheet.
T K YOU,
RON SHUFFI D
CITY OF LUBBOCK
PURCHASING OFFICE
PLEASE RETURN ONE COPY WITH YOUR BID
Received September 14, 1990: C
Chester Barrett
American Tank Company
P. 0. Box 394
_ Nevada, MO 64772
7. EXTERIOR SURFACE PREPARATION
The entire surface shall be brush blasted in accordance to SSPC-SP7.
Where loose scale, rust, loose paint or other detrimental foreign matter
exist, surface preparation shall be preformed.by "WET BLASTING" along
ri- with the use of a "CONTAINMENT TARP" in an effort to prevent any loose
material from blowing off the site. The loose matter .is considered to
be loose if it can be removed with a dull putty knife. The blasting or
cleaning shall extend about six inches (6") beyond the area where
coatings are considered "loose", feathering the edges for smooth
appearance. After cleaning and removal of dirt, dust, or other
contaminants from the surface, a coat of primer shall be applied to the
cleaned surface. See primer coat specifications. The containment tarp
shall be adequate enough so to prevent any loose material from blowing
off of the job site and must be approved by the Owner. The containment
tarp shall be Enviro Screen 2 or an approved equal.
11. PROPERTY PROTECTION
The Contractor shall be aware of surrounding residences and commercial
businesses or buildings in the vicinity of the tanks. Extreme care
-- should be used in protecting buildings and vehicles from falling debris,
sand, paint, water or any materials which might cause damage. The
Contractor shall immediately correct any damage to property to
satisfaction of property owner. Payment shall be withheld in the amount
of any claims until such time the claims are satisfied.
Paint shall not be applied by spraying on exterior of the tank located
at 35th Street and Avenue W, unless a containment tarp is used,
otherwise the Contractor shall use rollers or brush only.
CITY OF LUBBOCK
SPECIFICATIONS
for
TITLE: CLEAN/PAINT THREE ELEVATED NATER TANKS
ADDRESS: VARIOUS LOCATIONS
BID NUMBER: 10856
PROJECT NUMBER: 2124-512190-9553
CONTRACT PREPARED BY: Purchasing Department
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INDEX
PAGE
NOTICETO BIDDERS..........................................................................................3
GENERAL INSTRUCTIONS TO BIDDERS............................................................................4
BID PROPOSAL - BID FOR LUMP SUM CONTRACTS.................................................................10
PAYMENTBOND..............................................................................................13
PERFORMANCEBOND..........................................................................................16
CERTIFICATE OF INSURANCE..................................................................................19
CONTRACT..................................................................................................21
GENERAL CONDITIONS OF THE AGREEMENT.......................................................................23
CURRENT NAGE DETERMINATIONS...............................................................................41
SPECIFICATIONS............................................................................................42
SPECIALCONDITIONS........................................................................................43
NOTICE OF ACCEPTANCE......................................................................................45
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NOTICE TO BIDDERS
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NOTICE TO BIDDERS
BID # 10856
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Sealed proposals addressed to Gene Eads, C.P.M., Purchasing Manager, City of Lubbock, Texas, will be
received at the office of the Purchasing Manager, 1625 13th St., Room L-04, Lubbock, Texas, 79401, until
2:00 o'clock p.m. on the 13th day of September, 1990 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:
CLEAN/PAINT THREE ELEVATED WATER TANKS
After the expiration of the time and date above first written, said sealed proposals will be opened
by the Purchasing Manager at his office and publicly read aloud.
It is the sole responsibility of the bidder to insure that his bid is actually in the office of Gene
,.:. Eads, Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written.
The City Council will consider the bids on the 27th day of September. 1990, at Municipal Bldg.,
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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, Texas.
Attention of each bidder is particularly called to the schedule of general prevailing rate of per
diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of
Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is
-� further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained
therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as
heretofore established by owner in said wage scale.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant
to this advertisement, minority and women business enterprises will be afforded equal opportunities to
submit bids in response to this invitation and will not be discriminated against on the grounds of race,
color, sex, or national origin in consideration for an award.
There will be a pre-bid conference on 6th day of September, 1990, at 10:00 o'clock a.m., Personnel
Conference Room #108, Municipal Building, 1625 13th Street.
CITY Of LUBBOCK
BY: Gene Eads, C.P.M.
Purchasing Manager
ADVERTISEMENT FOR BIDS
BID # 10856
Sealed proposals addressed to Gene Eads, C.P.M., Purchasing Manager, City of Lubbock, Texas, will be
received at the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock,
.., Texas, 79401 until 2:00 o'clock p.m, on the 13th day of September, 1990 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:
CLEAN/PAINT THREE ELEVATED WATER TANKS.
After the expiration of the time and date above first written, said sealed proposals will be opened
by the Purchasing Manager at his office and publicly read aloud.
The plans, specifications, proposal forms and contract documents may be examined at the office of
the Purchasing Manager for the City of Lubbock, Texas.
Attention of each bidder is particularly called to the Schedule of General Prevailing Rate of Per
Diem Wages included in the contract documents on file in the office of the Purchasing Manager of the City of
Lubbock, 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, or national origin in consideration for an award.
There will be a prebid conference on 6th day of September, 1990, at 10:00 o'clock a.m., Personnel
Conference Room 108, Municipal Building, 1625 13th Street.
BY: Gene Eads, C.P.M.
PURCHASING MANAGER
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GENERAL INSTRUCTIONS TO BIDDERS
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GENERAL INSTRUCTIONS TO BIDDERS
1. SCOPE OF WORK
The work to be done under the contract documents shall consist of the following:
To clean and paint structures, structural steel, metal work, piping, and equipment of three steel elevated
water storage tanks.
The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to
complete this project in accordance with contract documents.
2. CONTRACT DOCUMENTS
All work covered by this contract shalt be done in accordance with contract documents described in the Gen-
eral Conditions.
All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents
for the construction of this project and shall be responsible for the satisfactory completion of all work
contemplated by said contract documents.
3. PLANS FOR USE BY BIDDERS
It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project
covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a
bid without charge of forfeiture of deposit. The contract documents, may be examined without charge as
noted in the Notice to Bidders.
4. TIME AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed December 31, 1990 as 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 sub-
mitted, the City may direct the Contractor to take such action as the City deems necessary to insure compte-
tion of the project within the time specified.
5. PAYMENT
ALL payments due to Contractor shalt 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 alt bills for labor, materials and incidentals incurred in the construction of
the improvements contemplated by the contract documents have been paid in full and that there are no claims
pending, of which the Contractor has been notified.
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7. MATERIALS AND WORKMANSHIP
The intent of these contract documents is that only materials and workmanship of the best quality and grade
will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail
will not relieve the Contractor of full responsibility for providing materials of high quality and for pro-
tecting them adequately until incorporated into the project. The presence or absence of a representative of
the City on the site will not relieve the Contractor of full responsibility of complying with this provi-
sion. The specifications for materials and methods set forth in the contract documents provide minimum
standards of quality which the Owner believes necessary to procure a satisfactory project.
8. GUARANTEES
All equipment and materials incorporated in the project and all construction shall be guaranteed against de-
fective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a
written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and
pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear
within ONE year from date of final acceptance of the work as a result of defective materials or workmanship,
at no cost to the Owner (City of Lubbock).
9. PLANS FOR THE CONTRACTOR
The contractor will be furnished one set of plans and specifications, and related contract documents for his
use during construction. Plans and specifications for use during construction will only be furnished di-
rectly to the Contractor. The Contractor shall then distribute copies of plans and specifications to sup-
pliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Con-
tractor.
10. PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materi-
als, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construc-
tion, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid
for such work, until the date the City issues its certificate of completion to Contractor. The City re-
serves the right, after the bids have been opened and before the contract has been awarded, to require of a
bidder the following information:
(a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by
the proposed contract and all work in progress with bond amounts and percentage completed.
(b) A sworn statement of the current financial condition of the bidder.
(c) Equipment schedule.
11. TEXAS STATE SALES TAX
This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions
of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act.
The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the ma-
terials to be incorporated into the work without paying the tax at the time of purchase.
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12. PROTECTION OF SUBSURFACE LINES AND STRUCTURES
.-. It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in
such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines,
conduits or other underground structures which might or could be damaged by Contractor during the construc-
tion of the project contemplated by these contract documents. The City of Lubbock agrees that it will fur-
nish Contractor the location of all such underground lines and utilities of which it has knowledge. How-
ever, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such under-
ground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by
this contract 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 sig-
nals, 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 re-
placed by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barri-
cades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of
acceptance of the project.
14. EXPLOSIVES
The use of explosives will not be permitted unless written permission .to do so is obtained by the Contractor
from the City. In all cases where written permission is obtained for the use of explosives, the Contractor
shall assume full responsibility for all damage which may occur as a direct or indirect result of the blast-
ing. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost
care so as not to endanger life or property and the Contractor shall further use only such methods as are
currently utilized by persons, firms, or corporations engaged in similar type of construction activity.
Explosive materials shall not be stored or kept at the construction site by the Contractor.
In all cases where explosives are to be used during the construction of the project contemplated by this
^� contract, it shall be the duty of the Contractor to notify each utility company having structures (above or
below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such
notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem
necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of
responsibility for any damage resulting from his blasting operations.
15. CONTRACTOR'S REPRESENTATIVE
The successful bidder shall be required to have a responsible local representative available at all times
while the work is in progress under this contract. The successful bidder shall be required to furnish the
name, address and telephone number where such local representative may be reached during the time that the
work contemplated by this contract is in progress.
16. INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as required
in the General Conditions of the 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
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notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or
change. All policies shall contain an agreement on the part of the insurer waiving the right to subroga-
tion.
The insurance certificates furnished shall name the City as an additional insured and shall further state
that all subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a
statement from the Contractor to the effect that no work on this particular project shall be subcontracted.
17. LABOR AND WORKING HOURS
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages
included in these contract documents. The wage rate which must be paid on this project shall not be less
than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The
bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil
Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations there-
under. The inclusion of the schedule of general prevailing rate of per diem wages in these contract docu-
ments does not release the Contractor from compliance with any wage law that may be applicable. Construc-
tion work under this contract requiring an inspector will not be performed on weekends or holidays unless
the following conditions exist:
(1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary
service to its citizens.
(2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is
approaching the penalty provisions of the contract and Contractor can show he has made a diligent
effort to complete the contract within the allotted time.
Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor
must notify the Owner's Representative not less than three full working days prior to the weekend or holiday
he desires to do work and obtain written permission from the Owner's Representative to do such work. The
final decision on whether to allow 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 deduc-
tions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon.
The Contractor must classify employees according to one of the classifications set forth in the schedule of
general prevailing rate of per diem wages, which schedule is included in the contract documents.
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The Contractor 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 in-
creases or decreases in the cost of materials, labor or other items required for the project will be re-
jected and returned to the bidder without being considered.
20. 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,
dis-tinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the
price written in figures, the price written in words shall govern. If the proposal is submitted by an indi-
vidual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm,
.., association, or partnership, the name and address of each member must be given and the proposal signed by a
member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by
a company or corporation, the company or corporate name and business address must be given, and the proposal
signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign
proposals must be properly certified and must be in writing and submitted with the proposal. The proposal
shall be executed in ink.
Each proposal 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).
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.
21. BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the fol-
lowing:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidder's Proposal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
(f) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(i) Insurance Certificates.
(j) All other documents made available to bidder for his inspection in accordance with the Notice to
Bidders.
If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered
incorporated by reference into the aforementioned contract documents.
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BID PROPOSAL
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_ 0—
BID PROPOSAL
BID FOR LUMP SUM CONTRACTS
PLACE
DATE
PROJECT NO.
Proposal of 'lY11—'/ll'Ji t O (hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction of a Ili S /(
having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other re-
lated contract documents and the site of the proposed work, and being familiar with all of the conditions surround-
ing the construction.of the proposed project including the availability of materials and labor, hereby proposes to
furnish all labor,. materials, and supplies; and to construct the project in accordance with the plans, specifica-
tions and contract documents, within the time set forth therein and at the price stated below. The price to cover
all expenses incurred in performing the work required under the contract documents, of which this proposal is to be
a part, is as follows:
:,. 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 120 (ONE HUNDRED TWENTY)
consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder
hereby further agrees to pay to Owner as liquidated damages the sum of $100.00 (One Hundred dollars) for each
1i consecutive calendar day in excess of the time set forth hereinabove for completion of this project, all as more
` fully set forth in the general conditions of the contract documents.
Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with in-
struction number 20 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in
the bidding. It
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar
days after the scheduled closing time for receiving bids.
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined
the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees
to commence work on or before the date specified in the written notice to proceed, and to substantially complete the
work on which he has bid; as provided in the contract documents.
Enclosed with this proposal is a Cashier's Check or Certified Check_for
Dollars ($ ) or a Proposal Bond in the sum of G9 Dollars
which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is
accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond
(if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said
proposal; otherwise, said.check or bond shall be returned to the undersigned upon demand.
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all con-
tract documents made available to him for his.inspection in accordance with the Notice to Bidders.
.r
�iPA %ate
Contractor
BY:
(Seal if Bidder is a Corporation)
ATTEST
Secretary
BID PROPOSAL
BID FOR UNIT PRICE CONTRACTS
Item No. Quantity Description of Item and unit price Total
1• 1 Each Clean and paint a 1,000,000 gallon
elevated water storage tank at 35th
and Avenue W.
Dimensions: Tank - 70' diameter X 45'
deep, Risser - 951.
lig-dol 1 ars ($ a a
Cents $ ) G'
2.- 1 Each Clean and paint'a 100,000 gallon
elevated water storage tank at 6001
Guava Avenue (Water Treatment Plant).
Dimensions: Tank - 20' diameter X 18'
deep, Riser - 117'.
Dollars ($,
_2�'611dll Cents $ 40 ��--
3. 1 Each Clean and paint a 50,000 gallon
elevated water storage tank at 600
Municipal Drive.
Dimensions: Tank - 24' diameter X 25'
deep, Riser - 1151.
Dol l ars
$
Cents �- --.
Item No.
4.
Quantity
40.Hours
40 Hours
200 Feet
BID PROPOSAL.
BID FOR UNIT PRICE CONTRACTS
Description of Item and unit price Total
Furnish equipment, material and labor,
for any additional repair work as
authorized by the Engineer:
Air compressor and air tools per hour:
(CIO)
6 &06 Cents $
Welding.machine, cables and tools per
hour:
�,;t
Dollars
Cents $
Steel angles (ASTM A36 - 2" x 2")
per foot:
Dollars O
`jed Cents $ DD
TOTAL BID (NUMBERS 1 - 4)
Bid Bond
Approved by The American Institute of Architects
A.I.A. Document No. A-310(Feb..1970 ED.)
KNOW ALL MEN BY THESE PRESENTS, that we
AMERICAN TANK COMPANY
as Principal, hereinafter called the Principal, and
COMMERCIAL UNION INSURANCE COMPANY
a corporation duly organized under the laws of the State of MASSACHUSETTS
as Surety, hereinafter called the Surety, -are held and firmly bound unto
CITY OF LUBBOCK, TEXAS
as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT OF AMOUNT BID
-------------------------------------------------------------------------Dollars ($ 5% of amt.bid),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has submitted a bid for Sandblasting and Painting
Three (3) Elevated Water Tanks - Bid #10856
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract
r►. 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.
w Signed and sealed this 13TH day of SEPTEMBER 1990
AMERICAN. TANK COMPANY
/(Principal) (Seal)
BY:
'tie)
COMMERCIAL UNION INSURANCE COMPANY
)izz,�yz
!Sue )', (Seal)
(Witness) BY:�
Patsy J.`erimer eAttorney-in-Fact
Crmplaint Notice: Should any dispute arise about your premium or about a claim that"
-- you have iled, contact ne agent or write to the company that issued the bond. If the
problem is not resolved, you may also write the State Board of I urance, Department C,
1110 San Jacinto, Austin, Texas 78780. This notice of complaint is for information only
and rinac not ha,,^.nme n nart nr condition of this bond.
1
"DISCLOSURE Or CUARANTY'FUND NONPARTICIPATION"
TEXAS SENATE BILL 255
In the event COMMERCIAL UNION INSURANCE COMPANY is
unable to fulfill it's contractual obligation under this,
policy or, contract or application or certificate of evidence
of coverage, the policytiolder or certificate holder is not
'^ protected by an insurance guaranty fund or other solvency
protection arrangement.
POWER -OF, ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that the COMMERCIAL UNION INSURANCE COMPANY, a corporation duly organized and existing
under the laws of the Commonwealth of Massachusetts, and having its principal office in the City of Boston, Massachusetts, hath made, constituted and
appointed, and does by these presents make and constitute and appoint KEVIN J. MCGREEVY, JEROME J. REARDON,
MICHAEL T. KELLY, ERIC Van BUSKIRK, C. LaVONNE ENGEMAN and PATSY J. LORIMER
all of Kansas City, Missouri
and each of them its true and lawful Attorney -in -Fact; to make, execute, seal and deliver for and on its behalf as surety any and all bonds or undertakings
and the execution•of such bonds or undertakings in pursuance of these presents, shall he binding upon said Company as fully and amply, to all intents and
purposes, as if such bonds were signed by the President, sealed with the corporate seal of the Company, and duly attested by its Secretary, hereby ratifying and
confirming all the acts of said Attorney -in -Fact pursuant to the power herein given. This Power of Attorney is made and executed pursuant to and by authority of
the following resolutions adopted by the Board of Directors of the COM M ERCIAL UNION INSURANCE COM PAN at
twenty-seventh day of July, 1972: meeting duly called and held on the
Resolved: That the President, or any Vice -President, or any Assistant Vice -President, may execute for and in behalf of the company any and
all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, the same to be attested when necessary and
the seal of the company affixed thereto by the Secretary, or any Assistant Secretary; and that the President, or any Vice -President, or Assistant
�. Vice -President, may appoint and authorize an Attorney -in -Fact to execute on behalf of the company any and all such instruments and to affix the seat
of the companythereto; and that the President, or any Vice -President, or any Assistant Vice -President, may at any time remove, any such
At and revoke all power and authority given to any such Attorney -in -Fact.
Resolved: That Attorneys -in -Fact maybe given full power and authority to execute for and in the name and on behalf of the company any and all
bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such
Attorney -in -Fact shall be as binding upon the company as if signed by the President and sealed and attested by the Secretary, and, further,
Attorneys -in -Fact are hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other
writings obligatory in the nature thereof, and are also authorized and empowered to certify to a copy of any of the by-laws of the company as well as any
resolution of the Directors having to do with the execution of bonds, recognizances, contracts of indemnity, and all other writings obligatory
in the nature thereof, and to certify copies of the Power of Attorney or with regard to the powers of any of the officers of the company or of
Attorneys -in -Fact.
This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Directors of the
COMMERCIAL UNION INSURANCE COMPANY at a meeting duly called and held on the twenty-seventh day of July, 1972:
"Resolved: That the signature of the President, or any Vice -President, or any Assistant Vice -President, and the signature of the Secretary or
any Assistant Secretary and the Company Seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing
Attorneys -in -Fact for purposes only of executing and attesting any bond, undertaking, recognizance or other written obligation in the nature thereof,
and any such signature and seal where so used, being hereby adopted by the company as the original signature of such officer and the original seal of the
company, to be valid and binding upon the company with the same force and effect as though manually affixed."
IN WITNESS WHEREOF, the COMMERCIAL UNION INSURANCE COMPANY, has caused these presents to be signed by its Assistant
Vice -President and its corporate seal to be hereto affixed, duly attested by its Secretary on this 2 5th day of July 19 90
��i 1912 i•Ys!
COMMERCIAL UNION INSURANCE COMPANY
•
Attest:
Dennis R. Smith — Secretary
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF SUFFOLK SS.
By
Robert J. Spencer — Assistant Vice -President
On this 25th day of July 19 90, before me personally came Robert J. Spencer, Assistant Vice -President, .
and Dennis R. Smith, Secretary of the COM MERCIAL UNION INSURANCE COMPANY, to me personally known to be the individuals and officers described
in and who executed the preceding instrument, and they acknowledged the execution of the same, and being by me duly sworn, severally and each for himself
deposeth and sayeth, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the corporate seal of said
Company and that the said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and
direction of the said Company.
��D , %U
Edward W. Shay — Notary Public
(A tv Commission expires August 10, 1990)
CERTIFICATE
the undersigned, Assistant Secretary of the COMMERCIAL UNION INSURANCE COMPANY, a Massachusetts Corporation, do hereby certify that
the foregoing power of attorney is in full force and has not been revoked; and furthermore, that the Resolutions of the Board of Directors set forth in the power
of attorney are now in force.
Signed and sealed at the City of Boston. Dated this
ce�oos-ia
13th day of September 19 90
Joan K. Geddes - Assistant Secretary
- .5-88
o"
PAYMENT BOND
-13-
(THIS PAGE LEFT BLANK INTENTIONALLY)
STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS
AS AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION,
1959
G )�') '16 7 / ?,>
BOND CHECK
BEST RATING
LICENSED IN T=
DATE ger
KNOW ALL MEN BY THESE PRESENTS, that C� � Oereinafter called the Principal(s), as
Principal (s) , and COMM UMN INSURANCE COaMY
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter
called the Obligee), in the amount ofG�irmaG.�¢imuwNwbe°sG_ Dollars (S�>o,SioQ,o� lawful money of
the United States for the payment whereof, the sai Principal and Surety bind themselves, and their heirs, adminis-
trators, executors, successors and assigns, jointly and severally, firmly by these presents.
HEREAS, the Principal has entered into a certain written contract with the Obligee, dated the //`� day of
19(� , to
24�
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 1S SUCH, that if the said Principal shalt.pay all ctaimanjs
supplying tabor and material to him or a subcontractor in the prosecution of the work provided for in said con-
tract, 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.
-14-
IN WITNESS WHERE F,,,the said Principal (s) and Surety (s) have signed and sealed this instrument this
day of 19C�. •i
COMMS MAL UNION INSURANCE CM?AW
Surety
_ ,,.. o..m.+ www• Y rv. ..,w. �
Principal
jz.
By:
(Title)
By:
(Title)
By:
(Title)
*By:
(Title)
ATTORNEY-IN-FACT
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby des-
ignates,v/aol&z, ,�2 evy�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. - y
qM « AL UNION INSURANCE COA7'RAW
Surety
Approved as to form:
City of Lubbock
By:
Ag City Attorney
( i )
P TSY J. LORA+ M
ATTORNEY-IN-FACT
*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.
-15-
POWER OF A TTORNE Y
KNOW ALL MEN BY THESE PRESENTS, that the COMMERCIAL UNION INSURANCE COMPANY, a corporation duly organized and existing
under the laws of the Commonwealth of Massachusetts, and having its principal office in the City of Boston. Massachusetts, hath made, constituted and
appointed, and does by these presents make and constitute and appoint KEVIN J. MCGREEVY, JEROME J. REARDON,
MICHAEL T. KELLY, ERIC Van BUSKIRK, C. LaVONNE ENGEMAN and PATSY J. LORIMER
all of Kansas City, Missouri
and each of them its true and lawful Attorney -in -Fact, to make, execute, seal and deliver for and on its behalf as surety any and all bonds or undertakings
and the execution of such bonds or undertakings in pursuance of these presents, shall be binding upon said Company as fully and amply, to all intents and
purposes, as if such bonds were signed by the President, sealed with the corporate seal of the Company, and duly attested by its Secretary, hereby ratifying and
confirming all the acts of said Attorney -in -Fact pursuant to the power herein given. This Power of Attorney is made and executed pursuant to and by authority of
the following resolutions adopted by the Board of Directors of the COMMERCIAL UNION INSURANCE COMPANY at a meetingduly called and held on the
twenty-seventh day of July, 1972:
Resolved: That the President, or any Vice -President, or any Assistant Vice -President, may execute for and in behalf of the company any and
all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, the same to be attested when necessary and
the seal of the company affixed thereto by the Secretary, or any Assistant Secretary; and that the President, or any Vice -President, or Assistant
Vice -President. may appoint and authorize an Attorney -in -Fact to execute on behalf of the company any and all such instruments and to affix the seal
of the company thereto; and that the President, or any Vice -President, or any Assistant Vice -President, may at any time remove, any such
Attorney -in -Fact and revoke ail power and authority given to any such Attorney -in -Fact.
Resolved: That Attorneys -in -Fact maybe given full power and authority to execute for and in the name and on behalf of the company any and all
bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such
Attorney -in -Fact shall be as binding upon the company as if Signed by the President and sealed and attested by the Secretary, and, further,
Attorneys -in -Fact are hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other
writings obligatory in the nature thereof, and are also authorized and empowered to certify to a copy of any of the by-laws of the company as well as any
resolution of the Directors having to do with the execution of bonds, recognizances, contracts of indemnity, and all other writings obligatory
in the nature thereof, and to certify copies of the Power of Attorney or with regard to the powers of any of the officers of the company or of
Attorneys -in -Fact.
This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Directors of the
COMMERCIAL UNION INSURANCE COMPANY at a meeting duly called and held on the twenty-seventh day of July, 1972:
-Resolved: That the signature of the President, or any Vice -President, or any Assistant Vice -President, and the signature of the Secretary or
any Assistant Secretary and the Company Seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing
Attorneys -in -Fact for purposes only of executing and attesting any bond, undertaking, recognizance or other written obligation in the nature thereof.
and any such signature and seal where so used, being hereby adopted by the company as the original signature of such officer and the original seal of the
company, to be valid and binding upon the company with the same force and effect as though manually affixed."
IN WITNESS WHEREOF, the COMMERCIAL UNION INSURANCE COMPANY, has caused these presents to be signed by its Assistant
Vice -President and its corporate seal to be hereto affixed, duly attested by its Secretary on this 25th day of July 1990
COMMERCIAL UNION INSURANCE COMPANY
Attest: gy
^— Dennis R. Smith — Secretary Robert J. Spencer — Assistant Vice -President
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF SUFFOLK SS.
On this 25th day of Jul jjJJ 19 9 0, before me personally came Robert J. Spencer, Assistant Vice -President,
and Dennis R. Smith, Secretaryof the CO M M ERCIAL U IJION INSURANCE COMPANY, to me personally known to be the individuals and officers described
in and who executed the preceding instrument, and they acknowledged the execution of the same, and being by me duly sworn, severally and each for himself
deposeth and sayeth, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the corporate seal of said
Company and that the said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and
direction of the said Company.
W.
I.„v.sa •i �Uj —
i Edward W. Shay — Votary Public
O �l.CwOS
(Mr Commission expires August 10. 1990)
CERTIFICATE
1 the undersigned. Assistant Secretary of the COMMERCIAL UNION INSURANCE COMPANY, a Massachusetts Corporation, do hereby certify that
.he foregoing power of attorney is in full force and has not been revoked; and furthermore, that the Resolutions of the Board of Directors set forth in the power
of attorney are now in force.
Signed and sealed at the City of Boston. Dated this eleventh day of October, 19 90.
2911A.
f
Joan K. Geddes — Assistant Secretary
0
s�
A--
PERFORMANCE BOND
-16-
(THIS PAGE LEFT BLANK INTENTIONALLY)
BON
d CHECK
BEST RATIIQ
�I�E�Eaj 7 STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160
W OF THE REVISED CIVIL STATUTES OF TEXAS AS
DATE, SY AMENDED BY
ACTS OF THE 56TH LEGISLATURE,, REGULAR SESSION 1959
Q�itfl�Zc�Q,.-e.JCJ� '
KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal s), as Principal(s), and
WEAL UNION INVURAM t W
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter
called the Obligee), in the amount ofd)-' G „Bla,� 1 �(
�aw.11�w��ollars ) lawful money of the
r. United States for the payment whereof, the said Pri ipal and Surety bind themselves, and their heirs, administra-
tors, executors, successors and assigns, jointly and severally, firmly by these presents.
W EREAS, the Principal has entered into a certain written contract with the Obligee, dated the/�ay of
/> 1-9p,1�1,/t0 m
and said principal under the law is required before commencing the work provided for in said contract to execute a
bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the
same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully per-
form 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. Y
�•• 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
day of C�'Aa�o®3
1996.
C"Od CIAL UNION INSURANM CWNff
Surety
*By:
(TitLe)'��,y 7JL.
LORIMER
ATTORNEY IN -FACT
-17-
(Title)
By: e4l�lz_
(Title)
By:
(Title)
0
The undersigned surety company represents that it is duly qualified to do business 4ti—TWd9'. and hereby
designates .4.1oYA,,Zu:2_an agent resident in Lubbock County to whom any requisite notices may€lie 'delivered and on
whom service of process 6may be had in matters arising out of such suretyshi
'P
COME M, AL UNION INSURANM COMPANY
M
Approved as to Form
City oft-ubbock
By:
City Attorney
Surety
*By:
(Tit e
PAT VY J. LORIMER
ATTORNEY IN -FACT
*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.
Pomrc� lurn a
pllint Nlotic% $hcy�d arly dispQtc ad�aq
fip'q filed'- Op
pj@'Q.t L -q agent Q.r. vvnln LCA ipj- pbinr
no -Ds -.p;c
T6.kj6i
r, s, t �f ql!yc,
2",
'3. r,'�.; LK'
_9�
e
act r
-18-
POWER OF ATTORNEY
KNOW ALL M EN BY THESE PRESENTS, that the COMMERCIAL UNION INSURANCE COMPANY, a corporation duly organized and existing
�-.. under the laws of the Commonwealth of Massachusetts, and having its principal of5ce.in the City of Boston. Massachusetts, hath made, constituted and
appointed, and does by these presents make and constitute and appoint KEVIN J. MCGREEVY , JEROME J. REARDON,
MICHAEL T. KELLY, ERIC Van BUSKIRK, C. LaVONNE ENGEMAN and PATSY J. LORIMER
all of Kansas City, Missouri
and each of them its true and lawful Attorney -in -Fact, to make, execute, seal and deliver for and on its behalf as surety any and all bonds or undertakings
and the execution of such bonds or undertakings in pursuance of these presents, shall be binding upon said Company as fully and amply, to all intents and
purposes, as if such bonds were signed by the President, sealed with the corporate seal of the Company, and duly attested by its Secretary, hereby ratifying and
confirming all the acts of said Attorney -in -Fact pursuant to the power herein given. This Power of Attorney is made and executed pursuant to and by authority of
the following resolutions adopted by the Board of Directors of the COM M ERCIAL UNION INSURANCE COM PAN Y at a meeting duly called and held on the
twenty-seventh day of July, 1972:
Resolved: That the President, or any Vice -President, or any Assistant Vice -President, may execute for and in behalf of the company any and
all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, the same to be attested when necessary and
the seal of the company affixed thereto by the Secretary, or any Assistant Secretary, and that the President, or any Vice -President, or Assistant
Vice -President, may appoint and authorize an Attorney -in -Fact to execute on behalf of the company any and all such instruments and to affix the seal
of the company thereto. and that the President, or any Vice -President, or any Assistant Vice -President, may at any time remove, any such
Attorney -in -Fact and revoke all power and authority given to any such Attorney -in -Fact.
Resolved: That Attorneys -in -Fact maybe given full power and authority to execute for and in the name and on behalf of the company any and all
bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such
Attorney -in -Fact shall be as binding upon the company as if Signed by the President and sealed and attested by the Secretary, and, further.
Attorneys -in -Fact are hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other
writings obligatory in the nature thereof, and are also authorized and empowered to certify to a copy of any of the by-laws of the company as well as any
resolution of the Directors having to do with the execution of bonds, recognizances, contracts of indemnity, and all other writings obligatory
in the nature thereof, and to certify copies of the Power of Attorney or with regard to the powers of any of the officers of the company or of
Attorneys -in -Fact.
This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Directors of the
COMMERCIAL UNION INSURANCE COMPANY at a meeting duly called and held on the twenty-seventh day of July, 1972:
"Resolved: That the signature of the President, or any Vice -President, or any Assistant Vice -President, and the signature of the Secretary or
any Assistant Secretary and the Company Seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing
Attorneys -in -Fact for purposes only of executingand attesting any bond, undertaking, recognizance or other written obligation in the nature thereof,
and any such signature and seal where so used, being hereby adopted by the company as the original signature of such officer and the original seal of the
company, to be valid and binding upon the company with the same force and effect as though manually affixed."
IN WITNESS WHEREOF, the COMMERCIAL UNION INSURANCE COMPANY, has caused these presents to be signed by its Assistant
Vice -President and its corporate seal to be hereto affixed, duly attested by its Secretary on this 25th day of July 1990
2971 +^
t COMMERCIAL UNION INSURANCE COMPANY
ra +OO.AN•�.�
•
Attest: By
"^ Dennis R. Smith — Secretary Robert J. Spencer — Assistant Vice -President
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF SUFFOLK SS.
On this 25th day of Jill 19 9 0, before me personalty came Robert J. Spencer, Assistant Vice -President,
and Dennis R. Smith, Secretary of the COM M ERCIAL UNION INSURANCE COMPANY, to me personally known to be the individuals and officers described
in and who executed the preceding instrument, and they acknowledged the execution of the same, and being by me duly sworn, severally and each for himself
deposeth and sayeth, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the corporate seal of said
Company and that the said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and
direction of the said Company.
V. S. A.
�. O �l�cwJti v f
CERTIFICATE
Edward W. Shay — Notary Public
(Mt, Commission expires August 10. 1990)
1, the undersigned. Assistant.Secretary of the COMMERCIAL UNION INSURANCE COMPANY, a Massachusetts Corporation, do hereby certify that
the foregoing power of attorney is in full force and has not been revoked, and furthermore, that the Resolutions of the Board of Directors set forth in the power
of attorney are now in force. -
Signed and sealed at the City of Boston. Dated this eleventh
.� •, mss:.
day of October, 19 90.
(Z -4c / </ a
Joan K. Geddes — Assistant Secretary
r-,
M-
P -
CERTIFICATE OF INSURANCE
-19-
(THIS PAGE LEFT BLANK INTENTIONALLY)
�o
CODE SUB -CODE
Lt i i tri _ .. United Stestes Fi l`"'J 6 GuarantyCo.
INSURED __ .., _...
COMPANY
LETTER B
� ter Tett' A
COMPANY
c
_.
Amritan TAnk Co.
LETTER
P*O* Box
COMPANY
_
Nees, Missouri 64771_
LETTER
COMPANY'S
LETTER
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE"ERIOD
FORTHE POLICY P
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE
CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
AFFORDED BY THE
POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHCLAIMS.
OWN MAY HAVE BEEN REDUCED BY PAID
CO '
TYPE OF INSURANCE
LTR POLICY NUMBER
POLICY EFFECTIVE ':POLICY EXPIRATION
DATE (MM/DD/YY) DATE (MM/DD/YY) ALL LIMITS IN THOUSANDS
GENERAL LIABILITY
_,�.__ _ __,..___, 4 _ _..
COMMERCIAL GENERAL LIABILITY103W007930 0010110/90"
GENERAL AGGREGATE $ 500
#)
PRODUCTS-COMPIOPS
CLAIMS MADE; OCCUR.:PERSONAL
,b/r./. AGGREGATE $
OWNER'S &CONTRACTOR'S PROT:
�
& ADVERTISING INJURY $ sea,
ase, :..
EACH OCCURRENCE $
FIRE DAMAGE (Any one fire)
AUTOMOBILE LIABILITY-
,�y.4.
MEDICAL EXPENSE (Anyone person) $
•� --
COMBINED
ANY AUTO - ICP3MO!q930
�, ,
.0'47/ � o/lllg i $ 60
ALL OWNED AUTOS
SIM TLE
BODILY
SCHEDULED AUTOS
INJURY $
HIRED AUTOS
(Per person)
_, _.....
BODILY
NON -OWNED AUTOS
INJURY $
GARAGE LIABILITY
(Per accident)
PROPERTY
$
......
DAMAGE
EXCESS STABILITY ,
_ ,.. _....... _. ..._.. ._._.._ -_. ;
EACH AGGREGATE
OCCURRENCE;
OTHER THAN UMBRELLA FORM
$ $
WORKER'S COMPENSATION
STATUTORY
AND
$ (EACH ACCIDENT)
_ .
M
EMPLOYERS' LIABILITY
$ (DISEASE—POLICY
DISEASE POLICY LIMIT)
OTHER-
. ...- _....... _ __ . $ (DISEASE EACH EM PLOYEE
_.__....
City of Lubbock,
"ditimal Imumd
10/17/90 10/17/91
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHIC LES/RESTRICTIONS/SPECIAL ITEMS
Task Painting Contractor
CERitFLCA71= HO.BER , ; :".` CANCELfA Tll3N77777777
City of Lubbock, Tex"
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
ftv joct #2124 512"0' 95�3LL
EXPIRATION' DATE THEREOF, THE ISSUING COMPANY WIENDEAVOR TO
` MAIL 10 DAYS WRITTEN NOTICE TO THE
CERTIFICATE HOLDER NAMED TO THE `
LEFT, BUT FAILURE TO MAIL.. SU H NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UN T COMPANY, ITS AGENTS OR REPRESENTATIVES.
errn�r�..ry�
c, i.�-.aa, , .,. ,
AUTHORIZ_YD REPRESENTA E
,f ,ES ,
� d�T✓" , •. . - `1�'%�9/''�✓%' �r
SYM. I I POLICY NUMBER
TAC C3 54 09 60 9 CIGNA INSURANCE COMPANY OF TEXAS
❑ -New; ® Renewal; [I Rewrite of;
SYM PREVIOUS POLICY NO. NCCI CARRIER CODE: 15377
TACI C33190682
WORKERS COMPENSATION AND EMPLOYERS
LIABILITY INSURANCE POLICY INFORMATION PAGE
Item 1. I I,HESTER BARRETT DBA AMERICAN TANK Inter/Intrastate Identification No.:BF#28352
The COMPANY
Insured P.O. BOX 394
NEVADA, MO 64772 . PRODUCER BILLED
Mailing 191 Individual ❑ Partnership
Address LELEPHONE# (417) 667-3327 POOL# 11529 El Corporation ❑
Employer's Identification No.:
ether workplaces not shown above: AS PER ENDORSEMENT ATTACHED
tem 2. Policy period from 05-24-90 to 05-24-91 12:01 A.M., standard time at the insured's mailina address_
Lem a. i..vvorKers 4-ompensatlon Insurance: Part One of the policy applies to the Workers Compensation Law of the states listed here:
TEXAS
B. Employes Liability Insurance: Part Two of the policy applies to work in each state listed in Item 3.A.
The limits of our liability under Part Two are: Bodily Injury by Accident $ 100 , 000 each accident
Bodily Injury by Disease $ 500, 000 policy limit
Bodily Injury by Disease $ 100, 000 each employee
C. Other States Insurance: Part Three of the policy applies to the states, if any, listed here:
..,
item %. i ne premium for this policy will be determined by our Manual of Rules, Classifications, Rates and Rating Plans. All information
required below is subject to verification
and change by audit.
Classifications
Premium Basis
Rate
Code
Estimated Total
Per $100 of
Estimated
No.
Annual Remuneration
Remuneration
Annual Premium
RTICLE 5.76-1 OF -THE TEXAS INSURANCE CODE REQUIRES
THAT YOUR
INSURANCE
COMPANY
ROVIDE AND MAINTAIN ACCIDENT PREVENTION FACILITIES
TO YOU THE
POLICYHOLDER.
CONTACT YOUR INSURANCE COMPANY FOR FURTHER INFORMATION.
PAINTING—STEEL STRUCTURES OR BRIDGES '
5041
6000.
29.96
1798.
INCIDENTAL ABRASIVE BLASTING
0059
3000.
.39
12.
15% POOL RATE DIFFERENTIAL
271.
ESTIMATED STANDARD POLICY PREMIUM
(INCLUDED IN POLICY PREMIUM OF
I EXPENSE CONSTANT
Minimum Premium $ 500.
If Indicated here, interim adjust-
ments of premium will be made: ❑ Semi -Annually ❑ Quarterly
This policy includes these endorsements and schedules: WC 000202
AGENCY NO. 9975BN
ERRILL INSURANCE AGENCY
09 CASTLE RIDGE RD, #210
USTIN TX 78746
C
$21661)
M••
AUS
Countersigned By
2081.
85.
Total Estimated Annual Premium $ 2166.
(PAGE 1 LAST PAGE)
❑ Monthly Deposit Premium $ 2167.
420306 420403 420301A
MARKETING OFFICE:
KE -4266a Ptd. In U.S.A. Co
pyright 1987 National Council on Compensation Insurance INSURED'$ COPY _ WC 00 00 OlA
GQna
�^ ENDORSEMENT NO. 999999
REF. N0. 501
(PAGE 1 LAST PAGE)
Named Insured
CHESTER BARRETT DBA AMERICAN TANK
COMPANY
Policy Symbol Policy Number Policy Period Effective Date of Endorsement
TAC C3 54 09 60 9 05-24 90 TO 05-24-91 05-24-90
Issued By
CIGNA INSURANCE COMPANY OF TEXAS
The above is required to be completed only when this endorsement is issued subsequent to the preparation of the policy.
PRODUCER BILLED
RECORDS:
115 EAST CHERRY
NEVADA, MISSOURI 64772
-- AGENT: MERRILL INSURANCE AGENCY
SERVICE OFFICE: TEXAS ASGN. RISK WC.
I J014 06/22/90 PAR CLASSIV
ralq - INSI
AUS
(Authorized Agent)
BF#28352 90173 DOC 6199 TAY
% C9sssa
r-
CONTRACT
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r—.
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this _11th day of October 1990, by and be the City of Lubbock,
County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to do so,
hereinafter referred to as OWNER, and AMERICAN TANK COMPANY of the City of NEVADA, County of VERNON and the State of
MISSOURI, hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and
performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CON
TRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as fol -
tows
BID #10856-CLEAN/PAINT THREE ELEVATED WATER TANKS IN THE AMOUNT OF THE AMOUNT OF $170,400.00.
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 8s 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 shalt have
been given to him and to;
.substantially complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with
the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to
make payment on account thereof as provided therein.
'.. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County,
Texas in the year and day first above written.
TTEST: CITY OF LUBBOCK, TEXAS (OWNER)
c
S retary
�**
APPOVED A 0 NTENT: MAYOR
APPROVED AS TO FORM: AMERICAN TANK COMPANY
CONTRACTOR
By.
J TITLE:_
ATTES COMPLETE ADDRESS:
P.O. BOX 394
Nevada, MO 64772
Corporate Secretary
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GENERAL CONDITIONS OF THE AGREEMENT
1. OWNER
Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this con-
tract, it shall be understood as referring to the City of Lubbock, Texas.
2. CONTRACTOR
Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall
be understood to mean the person, persons, co -partnership or corporation, to -wit: AMERICAN TANK COMPANY,
who has agreed to perform the work embraced in this contract, or to his or their legal representative.
3. OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood
as referring to DAN HAWKINS, DIRECTOR OF WATER UTILITIES, City of Lubbock, under whose supervision these
contract documents, including the plans and specifications, were prepared, and who will inspect construc-
tions; or to such other representative, supervisor, or inspector as may be authorized by said Owner to act
in any particular under this agreement. Engineers, supervisor or inspectors will act for the Owner under
the direction of Owner's Representative, but shall not directly supervise the Contractor or men acting in
behalf of the Contractor.
4. CONTRACT DOCUMENTS
The contract documents shall consist of the Notice to Bidders, General Instructions to Bidders, Proposal,
Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of
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.
5. INTERPRETATION OF PHRASES
Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed,".
or words of like import are used, it shall be understood that the direction, requirement, permission, order,
designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved,"
"Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory
to the Owner's Representative.
Whenever in the Specifications or drawings accompanying this agreement, the terms of description of various
qualities relative to finish, workmanship, or other qualities of similar kind which cannot, from their na-
ture, be specifically and clearly described and specified, but are necessarily described 'in general terms,
the fulfillment of which must depend on individual judgment, then, in all such cases, any question of the
fulfillment of said Specifications shall be decided by the Owner's Representative, and said work shall be
done in accordance with his interpretations of the meaning of the words, terms, or clauses defining the
character of the work.
6. 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 re-
sponsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated
r-. by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments
due Subcontractor.
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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, toots, superintendence, labor, insurance, and all water, light, power, fuel, transportation and
all other facilities necessary for the execution and completion of the work covered by the contract docu-
ments. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be
of a 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 docu-
ments has been made suitable for use or occupancy or the facility is in a condition to serve its intended
purpose, but still may require minor miscellaneous work and adjustment.
10. LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for raying 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 docu-
ments. He will not be required to make exhaustive or continuous on-site inspections to check the quality or
quantity of the work, nor will he be responsible for the construction means, methods, techniques, sequences
or procedures, or the safety precautions incident thereto. His efforts will be directed towards providing
assurances for the Owner that the completed project will conform to the requirements of the contract docu-
ments, but he will not be responsible for the Contractor's failure to perform the work in accordance with
the Contract Documents. On the basis of his on-site observations, he will keep the Owner informed of the
progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of
the Contractor.
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GENERAL CONDITIONS OF THE AGREEMENT
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13. LINES AND GRADES
�— All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commence-
ment of the work contemplated by these contract documents or the completion of the work contemplated by
these contract documents. Whenever necessary, Contractor shall suspend his work in order to permit Owner's
Representative to comply with this requirement, but such suspension will be as brief as practical and Con-
tractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Repre-
sentative ample notice of the time and place where lines and grades will be needed. All stakes, marks,
etc., shalt be carefully preserved by the Contractor, and in case of careless destruction or removal by him,
his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's Representa-
tive at Contractor's expense.
14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's
Representative shall review all work included herein. He has the authority to stop the work whenever such
stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and
disputes and to discourage litigation, it is further agreed that the Owner's Representative shall, in all
cases, determine the amounts and quantities of the several kinds of work which are to be paid for under this
.�. contract. He shall determine all questions in relation to said work and the construction thereof, and
shall, in all cases, decide every question which may arise relative to the execution of this contract on the
part of said Contractor. The Owner's Representative's estimates and findings shall be conditions precedent
to the right of the parties hereto to arbitration or to any action on the contract, and to any rights of the
Contractor to receive any money under this contract; provided, however, that should Owner's Representative
render any decision or give any direction, which in the opinion of either party hereto, is not in accordance
with the meaning and intent of this contract, either party may file with said Owner's Representative within
30 days his written objection to the decision or direction so rendered, and by such action may reserve the
right to submit the questions so raised to arbitration as hereinafter provided. It is the intent of this
Agreement that there shall be no delay in the execution of the work, therefore, written decisions or direc-
tion of the Owner's Representative as rendered shalt be promptly carried out, and any claim arising there-
from 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 rela-
tive to the execution of the work or the interpretation of the contract, specifications and plans. Should
the Owner's Representative fail to make such decision within a reasonable time, an appeal to arbitration may
be taken as if his decision had been rendered against the party appealing.
15. SUPERINTENDENCE AND INSPECTION
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 Con-
tractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors
or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey
the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when
such directions and instructions are consistent with the obligations of this Agreement and accompanying
plans and specifications provided, however, should the Contractor object to any orders by any subordinate
w engineer, supervisor or inspector, the Contractor may within six (6) days make written appeal to the Owner's
Representative for his decision.
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16. CONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shalt 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, shalt be under the exclusive charge and control of the Con-
tractor and all risk in connection therewith shall be borne by the Contractor.
The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or
any subcontractors, or any of his agents or employees, or any other persons performing any of the work.
17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the na-
ture and location of the work, the confirmation of the ground, the character, quality and quantity of mate-
rials to be encountered, the character of equipment and facilities needed preliminary to and during the
prosecution of the work, and the general and local conditions, and all other matters which in any way effect
the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of
the Owner, either before or after the execution of this contract, shall effect or modify any of the terms or
obligations herein contained.
18. CHARACTER OF WORKMEN
The Contractor agrees to employ only orderly and competent men, skiltful in the performance in the type of
work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall
inform him in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or dis-
orderly, such man or men shall be discharged from the work and shall not again be employed on the work with-
out the Owner's Representative's written consent.
19. CONSTRUCTION PLANT
The Contractor shalt provide all labor, tools, equipment, machinery and materials necessary in the prosecu-
tion and completion of this contract where it is not otherwise specifically provided that Owner shall fur-
nish same, and it is also understood that Owner shalt not be held responsible for the care, preservation,
conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it
is finally completed and accepted.
The building of structures for the housing of men or equipment will be permitted only at such places as the
Owner's Representative shall direct, and the sanitary conditions of the grounds in or about such structure
shall at all times be maintained in a manner satisfactory to the Owner's Representative.
20. SANITATION
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public ob-
servation, shalt be constructed and maintained by the Contractor in such manner and at such points as shall
be approved by the Owner's Representative and their use shall be strictly enforced.
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21. OBSERVATION AND TESTING
The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the
work. Contractor shall make necessary arrangements and provide proper facilities and access for such obser-
vation and testing at any location wherever work is in preparation or progress. Contractor shall ascertain
the scope of any observation which may be contemplated by Owner or Owner's Representative and shall give am-
ple notice as to the time each part of the work will be ready for such observation. Owner or Owner's Rep-
resentative may reject any work found to be defective or not in accordance with the contract documents, re-
gardless of the stage of its completion or the time or place of discovery of such errors and regardless of
whether Owner's Observer has previously accepted the work through oversight or otherwise. If any work
should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Repre-
sentative, be uncovered for examination at Contractor's expense. In the event that any part of the work is
being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representa-
tive to make observations of such work or require testing of said work, then in such event Owner or Owner's
Representative may require Contractor to furnish owner or Owner's Representative certificates of inspection,
testing or approval made by persons competent to perform such tasks at the 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 cork 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 Representa-
tive, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspec-
tions, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work
which fails to meet the requirements of any such tests, inspections or approval, and any work which meets
the requirements of any such tests or approval but does not meet the requirements of the contract documents
shall be considered defective. Such defective work shall be corrected at the Contractor's expense.
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by
-.. 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, shalt be deemed by the Owner or Owners' Representative as un-
suitable or not in conformity with plans, specification and contract documents, the Contractor shall, after
receipt of written notice thereof from the Owner's Representative, forthwith remove such material and re-
build or otherwise remedy such work so that it shalt be in full accordance with this contract. It is fur-
ther agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense.
23. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit,
in the line, grade, form dimensions, plans or or materials for the work herein contemplated, or any part
�^^ thereof, either before or after the beginning of the construction, without affecting the validity of this
contract and the accompanying bond.
If such changes or alterations diminish the quantity of the work to be done, they shalt not constitute the
basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they in-
crease the amount of work, and the increased work can fairly be classified under the specifications, such
increase shall be paid according to the quantity actually done and at the unit price established for such
work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In
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case the Owner shall make such changes or alterations as shall make useless any work already done or mate-
rial already furnished or used in said work, then the Owner shall recompense the Contractor for any material
or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in
preparation for the work as originally planned.
24. EXTRA WORK
The term "extra work" as used in this contract shall be understood to mean and include all work that may be
required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, al-
teration or addition to the work as shown on the plans and specifications or contract documents and not cov-
ered by Contractor's proposal, except as provided under Changes and Alterations herein.
It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representa-
tive when presented with a written work order signed by the Owner's Representative; subject, however, to the
right of the Contractor to require written confirmation of such extra work order by the Owner. It is also
agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined
by the following methods:
Method (A) By agreed unit prices; or
Method (B) By agreed lump sum; or
Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is com-
menced, then the Contractor shall be paid the actual field cost of the work, plus
fifteen (15%) per cent.
In the event said extra work be performed and paid for under Method (C), then the provisions of this para-
graph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as
foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and
equipment, for the time actually employed or used on such extra work, plus actual transportation charges
necessarily incurred, together with 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 shalt be made available to the Owner's
Representative. The Owner's Representative may also specify in writing, before the work commences, the
method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these mat-
ters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machin-
ery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of
Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical,
the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work
order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and com-
pensate him for his profit, overhead, general superintendence and field office expense, and all other ele-
ments of cost and expense not embraced within the actual field oust bs herein defined, save that where the
Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost
to maintain and operate the same shall be included in the "actual field cost."
No claim for extra work of .any kind will be allowed unless ordered in writing by Owner's Representative. In
case any orders or instructions appear to the Contractor to involve extra work for which he should receive
compensation or an adjustment in the construction time, he shall make written request to the Owner's Repre-
sentative for a written order authorizing such extra work. Should a difference of opinion arise as to what
does or does not constitute extra work or as to the payment therefore, and the Owner's Representative in-
sists upon its performance, the Contractor shall proceed with the work after making written request for
written order and shall keep adequate and accurate account of the actual field cost thereof, as provided
under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to arbi-
tration as herein below provided.
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25. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of this contract that all work described in the proposal, the
specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor
and that such price shall include all appurtenances necessary to complete the work in accordance with the
intent of these contract documents as interpreted by Owner's Representative. If the Contractor finds any
discrepancies or omissions in these plans, specifications, or contract documents, he should notify the
Owners' Representative and obtain a clarification before the bids are received, and if no such request is
received by the Owner's Representative prior to the opening of bids, then it shall be considered that the
Contractor fully understands the work to be included and has provided sufficient suns in his proposal to
complete the work in accordance with these plans and specifications. It is further understood that any re-
quest for clarification must be submitted no later than five days prior to the opening of bids.
26. RIGHT OF 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 speci-
fied, the Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an
extent as to give reasonable assurance of compliance with the schedule of progress.
27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
The Contractor shall take out and procure a 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
r 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's of Associated General Contractors of America, except where incompatible with federal, state
or municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend, indem-
nify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or
claims of any character whatsoever, brought for or on account of any injuries or damages received or sus-
tained by any person or persons or property, on account of any negligent act or fault of the Contractor or
any subcontractor, their agents or employees, in the execution and supervision of said contract, and the
project which is the subject matter of this contract, on account of the failure of Contractor or any subcon-
tractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment
with costs which may be obtained against the Owner or any of its officers, agents, or employees 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 pro-
gresses, are intended as reminders to the Contractor of his duty and shall not be construed as any assunp-
tion of duty to supervise safety precautions by either the Contractor or any of his subcontractors.
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28. CONTRACTOR'S INSURANCE
The Contractor shall procure and carry at his sole cost and expense through the life of this contract, in-
surance protection as hereinafter specified. Such insurance shall be carried with an insurance company au-
thorized to transact business in the State of Texas and shall cover all operations in connection with this
contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided
covering the operation of each subcontractor. —
A. Comprehensive General Liability Insurance
The contractor shall have Comprehensive General Liability Insurance with limits of $300,000 Bodily
Injury and $300,000 Property Damage per occurrence to include:
Premises and Operations
Explosion & Collapse Hazard
Underground Damage Hazard
Products & Completed 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, $500,000 per occurrence, and $100,000 for Property
Damage.
C. Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury $250/500,000
Property Damage $100,000
to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -
owned Vehicles. The City is to be named as an additional insured on this policy for this specific
job and copy of the endorsement doing so is to be attached to the Certificate of Insurance.
D. Builder's Risk Insurance
The Contractor shall obtain a Builder's Risk policy in the amount of (1006 of poten-
tial loss) naming the City of Lubbock as insured.
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E. Excess or Umbrella Liability Insurance
The Contractor shall have Excess or Umbrella Liability Insurance in the amount of
($1,000,000 minimum) with coverage to correspond with Comprehensive General Liability and Comprehen-
sive Automobile Liability coverages.
The City is to be named as an additional insured on this policy for this specific job and copy of
the endorsement doing so is to be attached to the Certificate of Insurance.
F. Workers Compensation and Employers Liability Insurance
As required by State statute covering all employees whether employed by the Contractor or any Sub-
contractor on the job with Employers Liability of at least $100,000 limit.
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the
Owner for approval five Certificates of Insurance covering each insurance policy carried and
offered as evidence of compliance with the above insurance requirements, signed by an authorized
representative of the insurance company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date borne
by such certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the
date borne by such certificate.
(5) A provision that the policy may be canceled only by mailing written notice to the named in-
sured at the address shown in the bid specifications.
(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) con-
tained in the job specifications. No substitute of nor amendment thereto will be accept-
able.
29. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY EQUIPMENT
AND SUPPLIES
The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any
demands of subcontractors, laborers, 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
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shall remain unpaid, withhold from the unpaid portion of this contract, a sum equal to the amount of such
unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness.
Any and all communications between any party under this paragraph must be in writing.
30. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The contractor shall pay all royalties and license fees, and shall provide for the use of any design, de-
vice, material or process covered by letters patent or copyright by suitable legal agreement with the Paten-
tee or Owner thereof. The Contractor shall defend all suits or claims for infringement of any patent or
copyrights and shall indemnify and save the Owner harmless from any loss on account thereof, except that
Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular
design, device, material or process or the product of a particular manufacturer or manufacturers is speci-
fied or required in these contract documents by Owner; provided, however, if choice of alternate design, de-
vice, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harm-
less from any loss on account thereof. If the material or process specified or required by Owner is an in-
fringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the
Owner of such infringement.
31. LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and
regulations, which in any manner effect the contract or the work, and 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, in-
sofar as the same regulates the objects for which, or the manner in which, or the conditions under which the
Owner may enter into.contracts, shall be controlling, and shall be considered as part of this contract to
the same effect as though embodied herein.
32. ASSIGNMENT AND SUBLETTING
The Contractor further agrees that he will retain personal control and will give his personal attention to
the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature
of the work, or materials required in the performance of this contract, shall not relieve the Contractor
from his full obligations to the Owner, as provided by this contractual agreement.
33. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of
beginning and time for completion as specified in the contract of work to be done hereunder are essential
conditions of this contract; and it is further mutually understood and agreed that the work embraced in this
contract shall be commenced on a date to be specified in the Notice to Proceed.
If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or
any proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the con-
sideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total
compensation, the sum of $100.00 (ONE HUNDRE DOLLARS) PER DAY, not as a penalty, but as liquidated damages
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F..
for the breach of the contract as herein set forth for each and every calendar day that the Contractor shall
be in default after the time stipulated for completing the work.
It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the com-
pletion of the work described herein is reasonable time for the completion of the same, taking into consid-
eration the average climatic change and conditions and usual industrial conditions prevailing in this local-
ity.
The amount is fixed and agreed upon by and between the Contractor and the Owner because of the
impractica-bility and extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sus-
tain, and the amount is agreed to be damages the Owner would sustain and shall be retained by the Owner from
current periodical estimates for payments or from final payment.
It is further agreed and understood between the Contractor and Owner that time is of the essence of this
contract.
34. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Con-
tractor shall be allowed to prosecute his work at such time and sessions, in such order of precedence, and
in such manner as shall be most conductive to economy of construction; provided, however, that the order and
time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in
accordance with this contact, the plans and specifications, and within the time of completion designated in
the proposals; provided, also, that when the Owner is having other work done, either by contract or by his
own force, the Owner's Representative may direct the time and manner of constructing work done under this
contract so that conflicts will be avoided and the construction of the various works being done for the
Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative,
schedules which shall show the order in which the Contractor proposes to carry on the work, with dates at
which the Contractor will start the several parts of the work and estimated dates of completion of the sev-
eral parts.
35. EXTENSION OF TIME
The Contractor agrees that he has submitted his proposal in full recognition of the time required for the
completion of this project, taking into consideration the average climatic range and industrial conditions
prevailing in this locality, and has considered the liquidated damage provisions of paragraph 33 hereinabove
set forth and that he shall not be entitled to, nor will he request, an extension of time on this contract,
except when his work has been delayed by an act or neglect of the Owner, Owner's Representative, employees
of the Owner or other contractors employed by the owner, or by changes ordered in the work, or by strike,
walk -outs, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for an ex-
tension of time, submitting therewith all written justification as may be required by Owner's Representative
for such an extension as requested by Contractor. The Owner's Representative within ten (10) days after re-
ceipt of a written request for an extension of time by the Contractor supported by all requested docu-
mentation shall then submit such written request to the City Council of the City of Lubbock for their con-
sideration. Should the Contractor disagree with the action of City Council on granting an extension of
time, such disagreement shall be settled by arbitration as hereinafter provided.
36. HINDRANCE AND DELAYS
In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within
the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays in-
cident to such work, whether growing out of delays in securing material or workmen or otherwise. No charge
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shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of
the work embraced in this contract except where the work is stopped by order of the Owner or Owner's
Representative for the Owner's convenience, in which event, such expense as in the judgment of the Owner's
Representative that is caused by such stoppage shall be paid by Owner to Contractor.
37. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length,
area, solid contents, number and weight only shall be considered, unless otherwise specifically provided.
In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract,
including the specifications, plans and other contract documents are intended to show clearly all work to be
done and material to be furnished hereunder. Where the estimated quantities are shown for the various
classes of work to be done and material to be furnished under this contract, they are approximate and are to
be used only as a basis for estimating the probable cost of the work and for comparing their proposals of-
fered for the work. it is understood and agreed that the actual amount of work to be done and the materials
to be furnished under this contract may differ somewhat from these estimates, and that where the basis for
payment under this contract is the unit price method, payment shall be for the actual amount of work done
and materials furnished on the project.
38. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any
way encountered, which may be injured or seriously affected by any process of construction to be undertaken
under this agreement, from any damage or injury by reason of said process of construction; and he shall be
Liable for any and all claims for such damage on account of his failure to fully protect all adjacent
property. The Contractor agrees 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 perfor-
mance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the exis-
tence or character of the work.
39. PRICE FOR WORK
In consideration of the furnishing of all necessary labor, equipment and material and the completion of all
work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity
with the 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 apart of this contract, and the Contractor
hereby agrees to receive such price in full for furnishing all materials and all labor required for the
aforesaid work, also, for all expenses incurred by him and for well and truly performing the same and the
whole thereof in the manner and according to this agreement, the attached specifications, plans, contract
documents and requirements of Owner's Representative.
40. PAYMENTS
No payments made or certificates given shall be considered as conclusive evidence of the performance of the
contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of de-
fective work. Contractor shall at any time requested during the progress of the work furnish the Owner or
Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness
in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or
otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the con-
tract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all
claims against Owner which have not theretofore been timely filed as provided in this contract.
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41. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an applica-
tion for partial payment. Owner's Representative shall review said application for partial payment and the
progress of the work made by the Contractor and if found to be in order shall prepare a certificate for par-
tial payment showing as completely as practical the total value of the work done by the Contractor up to and
including the last day of the preceding month; said statement shall also include the value of all sound ma-
terials delivered on site of the work that are to be fabricated into the work.
The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount
of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5%
shall be retained until final payment, and further, less all previous payments and all further sums that may
,..� be retained by. Owner 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 per-
centage due Contractor.
42. FINAL COMPLETION AND ACCEPTANCE
Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that
the work has been completed or substantially completed, the Owner's Representative and the Owner shall in-
spect the work and within said time, if the work be found to be completed or substantially completed in ac-
cordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor his
certificate of completion, and thereupon it shall be the duty of the Owner within thirty-one (31) days to
issue a certificate of acceptance of the work to the Contractor.
43. FINAL PAYMENT
... Upon the issuance of the certificate of completion, the Owner's 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 be-
fore the 31st day after the date of certificate of completion, the balance due Contractor under the terms of
�..- this agreement, provided he has fully performed his contractual obligations under the terms of this con-
tract; and said payment shall become due in any event upon said performance by the Contractor. Neither the
certificate of acceptance nor the final payment, nor any provisions in the contract documents shall relieve
the Contractor of the obligation for fulfillment of any warranty which may be required in the special condi-
tions (if any) of this contract or required in the specifications made a part of this contract.
44. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK
Contractor shall promptly remove from Owners' premises all materials condemned by the Owner's Representative
on account of failure to conform to the contract, whether actually incorporated in the work or not, and Con-
tractor shall at his own expense promptly replace such condemned materials with other materials conforming
to the requirements of the contract. Contractor shall also bear the expense of restoring 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.
45. CORRECTION OF WORK AFTER FINAL PAYMENT
Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of
responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for
any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the
t-^
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date of substantial completion. The Owner or the Owner's Representative shalt give notice of observed de-
fects with reasonable promptness.
46. PAYMENT WITHHELD
The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any
certificate to such extent as may be necessary to protect himself from toss on account of:
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence indicating possible filing of claims.
(c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor.
(d) Damage to another contractor.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner,
which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of
them.
47. TIME OF FILING CLAIMS
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the
Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) days after the
Owner's Representative has given any directions, order or instruction to which the Contractor desires to
take exception. The Owners' Representative shalt 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 shalt be filed with the Owner's Representative and the Owner in
writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's
Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by
the Contractor of the final payment shalt be a bar to -any claim by either party, except where noted other-
wise in the contract documents.
48. ARBITRATION
All questions of dispute under this agreement shalt be submitted to arbitration at the request of either
party to the dispute. The parties may agree upon one arbitrator, otherwise, there shall be three; one named
in writing by each party and the third chosen by the two arbiters selected; or if the arbiters fail to se-
lect a third within ten (10) days, he shalt be chosen by the District Judge, 72nd Judicial District of
Texas. Each arbiter shall be a resident of the City of Lubbock. Should the party demanding arbitration
fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the de-
cision of the owner's Representative shall be final and binding on him. Should the other party fail to
choose an arbiter within ten (10) days, the Owner's Representative shall appoint such arbiter. Should ei-
ther party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the
arbiters are empowered by both parties to take Ex Parte Proceedings.
The arbiters shall act with promptness. The decision of any two shalt be binding on both parties to the
contract, unless either or both parties shalt appeal within ten (10) days from date of the award by the ar-
biters, and it is hereby agreed that each party shall have the right of appeal and all proceedings shall be
according to and governed by Arbitration Statutes of Texas, being Article 224, et seq., Vernon's Annotated
Civil Statutes. THE DECISION OF THE ARBITERS UPON ANY QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT
SHALL BE A CONDITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION.
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The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sus-
tained, such suns as they deem proper for the time, expense and trouble incident to the appeal, and if the
appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The ar-
biters shall fix their own compensation, unless otherwise provided by agreement, and shall assess the costs
and charges of the arbitration upon either or both parties. The award of the arbiters must be made in writ-
ing and shall not be open to objection on account of the form of proceedings or award.
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 or-
ders 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 sup-
plies as said Owner may deem necessary to complete the work and charge the expense.of such tabor,
r -- 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
com-pleted by the Contractor, then said Contractor shall receive the difference. In case such expense
is greater than the sum which would have been payable under this contract, if the same had been com-
pleted by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess
to the Owner; or
(b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspa-
per having a general circulation in the County of location of the work, may let the contract for the
completion of the work under substantially the same terms and conditions which are provided in this
contract. In case of any increase in cost to the Owner under the new contract as comoared to what
would have been the cost under this contract, such increase shall be charged to the Contractor and
r.. 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.
r--
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In the event the statement of accounts shows that the cost to complete the work is less than that which
would have been the cost to the Owner had the work been completed by the Contractor under the terms of this
contract, or when the Contractor and/or his Surety shall pay the balance shown to be due by them to the
Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be
turned over to the Contractor and/or his Surety. Should the cost to complete the work exceed the contract
price, and the Contractor and/or his Surety fail to pay the amount due the Owner within the time designated
hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the
work, notice thereof, together with an itemized list of such equipment and materials shalt be mailed to the
Contractor and his Surety at the respective addresses designated in this contract; provided, however, that
actual written notice given in any manner will satisfy this condition. After mailing, or other giving of
such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the
duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date
of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net
sum derived from such sale to the credit of the Contractor and his Surety. Such sate may be made at either
public or private sate, with or without notice, as the Owner may elect. The Owner shall release any machin-
ery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than
the Contractor or his Surety, to their proper owners.
50. ABANDONMENT BY OWNER
In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply
with said terms within ten (10) days after written notification by the Contractor, then the Contractor may
suspend or wholly abandon the work, and may remove therefrom all machinery, tools, and equipment, and all
materials on the ground that have not been included in payments to the Contractor and have not been incorpo-
rated into the work. Thereupon, the Owner's Representative shall make an estimate of the total amount
earned by the Contractor, which estimate shall include the value of all work actually completed by said Con-
tractor at the prices stated in the the attached proposal, the value of all partially completed work at a
fair and equitable price, and the amount of alt 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 Con-
tractor to carry the whole work to completion, and which cannot be utilized. The Owner's Representative
shall then make a final statement of the balance due the Contractor by deducting from the above estimate all
previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this
Agreement, and shall certify same to the owner who shall pay to the Contractor on or before thirty (30) days
after the date of the notification by the Contractor the balance shown by said final statement as due the
Contractor, under the terms of this Agreement.
51. BONDS
The successful bidder shall be required to furnish a performance bond and payment bond in accordance with
Article 5160, Vernon's Annotated Civil Statutes in the amount of 100% of the total contract price, in the
event said contract price exceeds $25,000.00. If the contract price does not exceed $25,000.00, the statu-
tory bonds will not be required. All bonds, if required, shall be submitted on forms supplied by the Owner,
and executed by an approved Surety Company authorized to do business in the State of Texas. And it is fur-
ther agreed that this contract shall not be in effect until such bonds are so furnished.
52. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special con-
ditions conflict with any of the general conditions contained in this contract, then in such event the
special conditions shall control.
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53. LOSSES FROM NATURAL CAUSES
Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the
work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution
of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the
r-•
work, shall be sustained and borne by the Contractor at his own cost and expense.
54. INDEPENDENT CONTRACTOR
^~ Contractor is, and shalt remain, an independent contractor with full, complete and exclusive power and au-
thority to direct, supervise, and control his own employees and to determine the method of the performance
of the work covered hereby. The fact that the Owner or Owner's Representative shalt have the right to ob-
serve Contractor's work during his performance and to carry out the other prerogatives which are expressly
reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shalt not at
any time change or effect the status of the Contractor as an independent contractor with respect to either
the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or
corporation.
55. CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and
at the completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus
materials and shall leave the work roam clean or its equivalent. The work shall be left in good order and
r -
condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor.
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CURRENT WAGE DETERMINATIONS
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Resolution 42502
January 8, 1987
Agenda Item #18
DGV:da
RESOLUTION
�-- WHEREAS, the City Council has heretofore established the general
prevailing rate of per diem wages for each craft or type of workmen or
mechanics needed to execute public works contracts for the City of Lubbock
:in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and
WHEREAS, such wage rates were established by Resolution No. 719
enacted February 12, 1981, updated by Resolution No. 1590 enacted February
23, 1984; and
WHEREAS, such rates need to be updated at the present time in order
to reflect the current prevailing rate of per diem wages; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the general prevailing rate of per diem wages for public works
.contracts shall be as set forth in the following named exhibits, which
exhibits shall be attached hereto and made a part hereof for all intents
and purposes:
Exhibit A: Building Construction Trades
..� Exhibit B: Paving and Highway Construction. Trades
Exhibit C: Electrical Trades
Exhibit D: Overtime Rate
Exhibit E: Weekend and Holiday Rate
Such wage rates are hereby found and declared to be the general prevailing
rate of per diem wages in all localities where public works are undertaken
on behalf of the City of Lubbock and such wage rates shall be included in
all public works contracts as provided by law.
Passed by the City Council this 8th day of January 1987.
:Ranettd.Boyd, City Secretary
APPROVED TO ONTENT:
S ;
Bill- P yne, D rector of Building
Services
B.C. MCMINN, MAYOR
APPROVED AS TO FORM:
Do
Donald G. Vandiver, First
Assistant City Attorney
EXHIBIT A
City of Lubbock
Building Construction Trades
Prevailing Rates
Craft
Acoustical Ceiling Installer
Air Conditioner Installer
Air Conditioner Installer -Helper
Bricklayer
Bricklayer -Helper
Carpenter
Carpenter -Helper
Cement Finisher
Drywall Hanger
Electrician
Electrician -Helper
Equipment Operator -
Heavy
Light
Floor Installer
Glazier
Insulator, Piping/Boiler
Insulator -Helper
Iron Worker
Laborer, General
Mortar Mixer
Painter
Plumber
Plumber -Helper
Roofer
Roofer -Helper
Sheet Metal Worker
Sheet Metal Worker -Helper
Welder - Certified
Hourlv Rate
$11.60
8.35
- 5.50
10.50
5.00
11.00
5.50
7.35
8.70
10.50
5.25
8.00
5.70
8.00
7.50
9.50
5.00
7.30
4.75
5.60
8.75
9.25
6.00
7.65
4.75
8.75
5.50
8.00
EXHIBIT B
Paving and Highway Construction
Prevailing Wage Rates
�.. Craft
Asphalt Heaterman
Asphalt Shoveler
Concrete Finisher
Concrete Finisher -Helper
Electrician
�.. F1 agger
Form Setter
Form Setter -Helper
Laborer, General
Laborer, Utility
Mechanic
Mechanic -Helper
POWER EQUIPMENT OPERATORS
Asphalt Paving Machine
Bulldozer
Concrete Paving Machinist
Front End Loader
Heavy Equipment Operator
Light Equipment Operator
Motor Grade Operator.
.�
Roller
Scraper
Tractor
Truck Driver -
Light
Heavy
Hourly Rate
$5.25
4.75
7.35
4.75
10.50
4.75
6.50
5.50
4.75
5.80
6.50
6.00
6.00
5.25
6.50
5.85
6.40
6.40
8.00
5.25
5.25
5.50
5.25
5.25
EXHIBIT C
_Electric Construction Trades
Prevailing Wage Rates
Craft
Power Line Foreman
Lineman Journeyman
Lineman Apprentice Series
Groundman Series
Hourly Rate
$11.00
10.45
8.90
7.25
EXHIBIT D
Prevailing Wage Rates
Overtime Rate
The rate for overtime (in excess of forty hours per week) is l 1/2
times base rate.
EXHIBIT E
Prevailing Wage Rates
Weekend and Holiday Rate
The rate for weekend and holiday is.l 1/2 times base rate.
M-*
SPECIFICATIONS
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PAINTING SPECIFICATIONS
M
STEEL ELEVATED WATER STORAGE TANKS
1. DESCRIPTION
The work to be performed under this item shall include the furnishing of
r-, all labor, materials, tools and equipment required for painting of
structures, structural steel, metal work, piping, and equipment as
required these specifications.
Tanks to be painted are a 1 M.G. elevated tank located at 35th Street at
Avenue W, 70' D x 45' H with 95' riser; 0.10 M.G. elevated tank at the
Water Treatment Plant located near the Lubbock International Airport,
6001 N. Guava Avenue, 20' D x 18' H with 117' riser ; and the 50,000
gallon elvated tank at 600 Municipal Drive, 24'D x 25'H with 115' riser.
Contractor shall limit working hours on the tank at 35th and Avenue W to
the hours from 8:00 a.m, to 6:00 p.m., Monday through Saturday.
After the work is completed, inspected and approved by the Owners, the
Contractor shall place dry chlorine in the tank bowl to sterilize the
tank. The Contractor shall close the tank and remain on the jobsite
until tank is filled in order to check for any leaks around manways or
hatches. The Owner will deliver the dry chlorine to the jobsite at no
expense to the Contractor, and the Owner will be responsible for
bacteriological testing.
2. CONTRACTORS
The Contractor shall have five (5) years practical experience and
successful history in the application of specified products to surfaces
of steel water tanks. Contractor shall substantiate this experience and
successful history requirement by furnishing a list of references and of
-. jobs completed with his bid.
The Contractor shall particularly require 'Chat paint suppliers and
painting subcontractors become familiar with the entire project to
assure that all surfaces which require painting receive a properly
coordinated system in accordance with the plans and specifications. The
Contractor shall also be responsible for preventing the application of
unsuitable materials to surfaces.
3. WORKMANSHIP
Workers applying the paint shall be experienced and skilled in the type
of application involved and the individual in responsible charge shall
be familiar with the materials and systems being used.
All materials and methods shall conform to latest revision of AWWA D102
Standard for Painting Steel Water -Storage Tanks as modified herein.
4. THICKNESS AND HOLIDAY CHECKING
Thickness of coating and painting shall be checked with a non-
destructive, magnetic type thickness gauge. Coating integrity of
interior coated surfaces shall be tested with an inspection device.
Holiday detection shall be performed prior to application of finish
coats. Non-destructive holiday detectors shall not exceed 67-1/2 volts.
For thickness between 10 and 20 mils (250 microns and 500 microns) a
non-sudsing type wetting agent, such as Kodak Photo -Flo, shall be added
to the water prior to wetting the detector sponge. All pinholes shall
be marked, repaired in accordance with the manufacturer's printed
recommendations and retested. No pin-holes or other irregularities will
be permitted in the final coating.
5. INSPECTION DEVICES
The Contractor shall furnish, until final acceptance of coating and
painting, inspection devices in good working condition for detection of
holidays and measurement of dry -film thickness of coating and paint.
The Contractor shall also furnish U.S. Department of Commerce, National
Bureau of Standards certified instrumentation to test accuracy of dry -
film thickness gauge and certified instrumentation to test accuracy of
holiday detectors. Dry -film thickness gauges and holiday detectors thus
required shall be made available for the Owner's Project
Representative's use at all times until final acceptance. Holiday
detection devices shall be operated in the presence of the Owner's
Project Representative.
The Contractor shall provide adequate equipment - including ladders
and/or scaffolding - for the Owner's representative to have safe access
to all cleaned or painted surfaces including all flat and structural
work.
6. INTERIOR SURFACE PREPARATION
All metal surfaces to be painted shall be sound, clean and free of
scale, rust, dust, dirt, oil, grease, moisture or any other foreign
matter which might, in any way, lessen the life or usefulness of the
coating. Metal shall also be smooth and free from blisters, rough
corners, pits, dents, or other small imperfections before painting.
All interior surfaces shall receive a SSPC-SPP10 blast prior to painting.
Blast cleaning shall be to nearly white metal cleanliness, until at
least 95 percent of each element of surface area is free of all visible
residues.
On all interior seams or overlaps, the Contractor shall thoroughly clean
as above except that immediately following cleaning, all open joints
(laps, angles, etc.) shall be caulked with an epoxy-polamide seam -sealer
such as 62-1400 Seam Sealer as manufactured by Tnemec, or an approved
equal. The sealer shall be applied by forcing the materials in and
around bolts and seams by use of a caulking gun, making sure to
completely wet the area.
7. EXTERIOR SURFACE PREPARATION
The entire surface shall be brush blasted in accordance to SSPC-SP7.
Where loose scale, rust, loose paint or other detrimental foreign matter
exist, surface preparation shall be preformed in accordance with SSPC-
SP3, Power Tool Cleaning or by spot sand blasting. The loose matter is
considered to be loose if it can be removed with a dull putty knife.
°^ The blasting or cleaning shall extend about six inches (6") beyond the
area where coatings are considered "loose", feathering the edges for
smooth appearance. After cleaning and removal of dirt, dust, or other
contaminants from the surface, a coat of primer shall be applied to the
cleaned surface. See primer coat specifications.
Surface cleaned each day must be painted the same day to within six
inches of the clean surface edge. All crevices, seams, bolts and other
connections shall receive an SSPC-SP6 blast cleaning prior to painting.
If, for some reason beyond the control of the Contractor the cleaned
surface can not be painted the same day, the previously cleaned surface
shall be given a brush-off blast cleaning according to SSPC-SP7 to
remove any rust, scale or other detrimental foreign matter prior to
painting.
8. MATERIALS
^" All paint shall be of the best quality applied in strict conformity with
the Manufacturer's recommendations, but not less than specified herein.
Products of the Tnemec Company, which are acceptable for the various
�.. specific uses, are tabulated to establish a standard of quality.
Comparable products of other manufacturers, with at least five years of
proven experience in equivalent installations will be given equal
consideration upon submittal and approval of written evidence of
equivalence.
All materials shall be delivered to the job in their original containers
with labels intact and seals unbroken, and they shall be observed thus
by the Owner's Project Representative before opening. Mixing, thinning
and application of the coating materials will be in exact accordance
�.. with the Manufacturer's recommendations.
The Contractor shall submit, in writing, to the Owner's Project
Representative, the name of the Manufacturer of the paint proposed to be
used, the Manufacturer's recommendations for use of his paint under the
specified conditions and color cards of the proposed paint for color
selection by the Owner. This information shall be submitted prior to
�- ordering the paint and in ample time to not delay the work.
9
9. PAINTING SCHEDULE
The number of coats called for in this schedule shall be considered
minimum. If more coats are required for required mil thickness, or
complete coverage and uniform appearance, they shall be applied.
The Contractor shall strictly adhere to manufacturers recommendations as
to methods of applications, safety.requirements, temperature and dew
point considerations at time of application, storage of materials and
any special requirements of the manufacturer.
Interior:
All Tanks
1st Coat: Tnemec Series 20-1255 Pota Pox Primer applied
before rust bloom to 3.0 dry mils minimum
thickness, or approved equal.
2nd Coat: Tnemec Series 139-AA90 Pota Pox 7.0 dry mil
minimum thickness, or approved equal.
Total finished minimum dry mil thickness shall
be 10.0. Primer coat shall be tinted to contrast
with finished white color.
This interior system shall apply to both tanks in
this project.
Exterior:
1st Coat:
Spot prime and primer coat shall be Tnemec Series
All Tanks
135, Chembuild AA83 White to 4.0 dry mil minimum
thickness, or approved equal.
2nd Coat:
Tnemec Series 73 Endura -Shield III applied to
1M.G. and
minimum thickness of 4.0 dry mills. Color shall
50,000 G Tank
be Tnemec 2010 Eggshell, or approved equal..
Total dry thickness shall be 8.0 mils minimum.
2nd Coat:
Tnemec Series 74 Endura -Shield IV AA90 white and
0.1 M.G. Tank
CB20 international orange, minimum thickness at
4.0 dry mills, or approved equal.
The white color shall be applied first using a
minimum lap of 6 inches into the orange.
The Contractor shall match the existing pattern
of alternate colors, separation of colors shall
be straight and true. Contractor shall use lined
or taped edges to accomplish a true pattern.
10. SAFETY AND HEALTH
The Contractor shall provide for use of personnel protective lifesaving
equipment for persons working in or around the project in accordance
with requirements set forth by Federal, State or local regulatory
agencies applicable to the construction industry and manufacturer's
printed instructions and protective helmets, eye, ear and face
protection devices, air purifying devices, half masks or mouthpiece
respirator with filter.
Where electrical ventilation equipment or lighting equipment is used,
all motors and other equipment shall be explosion proof.
11. PROPERTY PROTECTION
The Contractor shall be aware of surrounding residences and commercial
businesses or buildings in the vicinity of the tanks. Extreme care
should be used in protecting buildings and vehicles from falling debris,
sand, paint, water or any materials which might cause damage. The
Contractor shall immediately correct any damage to property to
satisfaction of property owner. Payment shall be withheld in the amount
of any claims until such time the claims are satisfied.
Paint shall not be applied by spraying on exterior of the tank located
at 35th Street and Avenue W, the Contractor shall use rollers or brush
only.
12. PAINTING SCHEDULE
-- New cathodic protection systems are being installed in the two tanks
covered by this contract, the painting Contractor shall coordinate his
work schedule with the Contractor installing the cathodic system to
allow preliminary work to be finished prior to painting. The
preliminary work will consist of cutting holes in the tank roof for
future anodes. The holes will be approximately 5 to 6 inches in
diameter and varying in number according to tank size.
13. FINAL CLEAN-UP
�- Prior to final acceptance, all paint or sand containers, sand, paint or
rust scale, trash or any other material shall be removed from the job
site and properly disposed of by the Contractor.
14. LEAD CONTAINING PAINT
No paint used in this project may not contain lead in amounts greater
than that allowed by U.S. Environmental Protection Agency for contact
with potable water. Contractor shall furnish a statement from suppliers
that products proposed to be used meet these standards.
15. INTERIOR REPAIR
Replacement and repair work shall be welded in accordance with the
provisions given in AWWA - NEWWA - AWS Standard Specifications for Steel
Tanks, and Elevated Tanks for Water Storage AWWA D100, latest revisions.
All steel angles and plates used in repairs shall conform to ASTM A-36
^- structural steel.
10. SAFETY AND HEALTH
The Contractor shall provide for use of personnel protective lifesaving
equipment for persons working in or around the project in accordance
with requirements set forth by Federal, State or local regulatory
agencies applicable to the construction industry and manufacturer's
printed instructions and protective helmets, eye, ear and face
protection devices, air purifying devices, half masks or mouthpiece
respirator with filter.
Where electrical ventilation equipment or lighting equipment is used,
all motors and other equipment shall be explosion proof.
11. PROPERTY PROTECTION
The Contractor shall be aware of surrounding residences and commercial
businesses or buildings in the vicinity of the tanks. Extreme care
should be used in protecting buildings and vehicles from falling debris,
sand, paint, water or any materials which might cause damage. The
Contractor shall immediately correct any damage to property to
satisfaction of property owner. Payment shall be withheld in the amount
of any claims until such time the claims are satisfied.
Paint shall not be applied by spraying on exterior of the tank located
at 35th Street and Avenue W, the Contractor shall use rollers or brush
only.
12. PAINTING SCHEDULE
New cathodic protection systems are being installed in the three tanks
covered by this contract, the painting Contractor shall coordinate his
work schedule with the Contractor installing the cathodic system to
allow preliminary work to be finished prior to painting. The
preliminary work will consist of cutting holes in the tank roof for
future anodes. The holes will be approximately 5 to 6 inches in
diameter and varying in number according to tank size.
13. FINAL CLEAN-UP
Prior to final acceptance, all paint or sand containers, sand, paint or
rust scale, trash or any other material shall be removed from the job
site and properly disposed of by the Coniracttor.
14. LEAD CONTAINING PAINT
No paint used in this project may not contain lead in amounts greater
than that allowed by U.S. Environmental Protection Agency for contact
with potable water. Contractor shall furnish a statement from suppliers
that products proposed to be used meet these standards.
15. INTERIOR REPAIR
Replacement and repair work shall be welded in accordance with the
provisions given in AWWA - NEWWA AWS Standard Specifications for Steel
Tanks, and Elevated Tanks for Water Storage AWWA D100, latest revisions.
All steel angles and plates used in repairs shall conform to ASTM A-36
structural steel.
All welded surfaces should be cleaned of slag, mill scale, and weld
splatter.
SPECIAL CONDITIONS
Painting of the elevated storage tank at 35th and W will begin no
earlier than the 3rd week in September and all three tanks must be
completed no later than December 31, 1990.
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SPECIAL CONDITIONS
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r --
M_
TO:
NOTICE OF ACCEPTANCE
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 accepted by the City Council of the City of Lubbock on the day of 198 at
the bid price contained therein, subject to the execution of and furnishing of all contract documents, bonds, cer-
tificates of insurance, and all other documents specified and required to be executed and furnished under the con-
tract 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 furnish such contract documents and bonds within the time limit specified, said bid security will be re-
tained by the City of Lubbock.
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CITY OF LUBBOCK
Owners Representative
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