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HomeMy WebLinkAboutResolution - 4715 - Contract - Schlinder Elevator Corporation - ADA Compliance, City Elevators - 01_26_1995Resolution No. 4715 January 26, 1995 Item #15 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract and all related documents by and between the City of Lubbock and Schlinder Elevator Corporation of Dallas, Texas, to furnish and install all materials as bid for the ADA Compliance - Elevators for the City of Lubbock, which contract is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail Passed by the City Council this ATTEST: F �m 11 W am, Ppp ems ow, 26th day of January 1995. APPROVED AS TO CONTENT: �e Victor Kilmah, Purchasing Manager APPROVED AS TO FORM: .. . Assistant City Attorney DGV:dp\Cr.\ccd=\ADAXm January 17,1995 CITY OF LUBBOCK SPECIFICATIONS FOR ADA COMPLIANCE -ELEVATORS BID #13130 7z CITY OF LUBBOCK Lubbock, Texas CITY OF LUBBOCK REQUEST FOR BIDS FOR TITLE: ADA COMPLIANCE -ELEVATORS ADDRESS: LUBBOCK, TEXAS BID NUMBER: 13130 PROJECT NUMBER: 9041.9211 CONTRACT PREPARED BY: PURCHASING DEPARTMENT City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 B0B-7B7-21 B7 MAILED TO VENDOR CLOSE DATE: Bid #13130 - ADA COMPLIANCE -ELEVATORS ADDENDUM # 1 E Please modify or amend Contract Documents as follows: Office of Purchasing January 5,1995 January 12,1995 @ 2:00 P.M. 1. The owner will provide telephone service to the elevator control system at the Municipal Square Building. Telephone service presently exists at the Lubbock International Airport and the City of Lubbock Municipal Building. 2. The wall mounted ashtrays at each elevator entrance shall be removed by contractor and turned over to the owner. At Lubbock International Airport where existing ashtrays are mounted on exposed aggregate concrete walls, the anchorage holes shall be filled with great to watch existing great color. At all other locations where removed, install a #4 Stainless Steel coverplate, sued to fully cover the holes and the imprint of the ashtray mounting. Coverplates shall have smooth edges and shall be permanently installed by screw attachment PLEASE RETURN ONE COPY WITH YOUR BID i F 1. 2. 3. 4. S. 6. 7. 8. 9. 10. 11. 12. NOTICE TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS BID PROPOSAL - BID FOR LUMP SUM CONTRACTS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT GENERAL CONDITIONS OF THE AGREEMENT CURRENT WAGE DETERM[NATIONS SPECIFICATIONS SPECIAL CONDITIONS NOTICE OF ACCEPTANCE A O E� W U O z t _. a m L _ .� t.�_ � L.� L__�_ La� L-: � � = L.� t.__._: � lr: t" � C L� L�: NOTICE TO BIDDERS BID #13130 Sealed bids addressed to Ron Shuffield, Senior Buyer, City of Lubbock, Texas, will be received at the office of the Purchasing Manager, Municipal Bldg., 1625 13th St., Room L-04, Lubbock, Texas, 79401, until 2:00 o'clock p.m. on the 12th day of January.1995, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project: ADA COMPLIANCE - ELEVATORS After the expiration of the time and date above first written, said scaled bids will be opened by the Buyer at his office and publicly read aloud. 7 It is the sole responsibility of the bidder to insure that his bid is actually in the office of Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written. The City of Lubbock will consider the bids on the 26th day of January.1995, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond and payment bond in accordance with Article r- 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 gW!Lnor• as the rating of the 1 bond company is a factor that will be considered in determination of the lowest responsible bidder. If the contract price does not exceed $25,000.00 the said statutory bonds will not be required. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. The plans, specifications, proposal forms and contract documents may be examined at the office of the Purchasing Manager for the City of Lubbock, Lubbock, Texas. rAttention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the l 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. r �. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. There will be a pre -bid conference on the 3rd day of January , 1995, at 10:00 o'clock a.m., in the Personnel Conference Room 108, 1625 13th Street, Lubbock, Texas. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the Purchasing Department at (806) 767-2167 (Monday -Friday, 8:00 - 5:00 p.m.) or 1625 13th Street Room L-04 at least 48 hours in advance of the meeting. F ►w ADVERTISEMENT FOR BIDS BID N 13130 Sealed bids addressed to Ron Shuffield, Senior Buyer, Purchasing Department, City of Lubbock, Texas, will be received at the Purchasing Office, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401 until 2:00 o'clock a.m. on the 12th day of January,1995, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project: ADA COMPLIANCE -ELEVATORS After the expiration of the time and date above first written, said scaled bids will be opened in the office of the Buyer and publicly read aloud. The plans, specifications, bid forms and contract documents may be examined at the office of the Purchasing Manager for the City of Lubbock, Texas. Attention of each bidder is particularly called to the Schedule of General Prevailing Rate of Per r Diem Wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, Texas. Each bidder's attention is further directed to the provisions of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning such wage scales and payment by the contractor of the prevailing rates of wages as heretofore established by the City of Lubbock. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. There will be a prebid conference on the 3rd day of January,1995, at 10:00 a.m., in the Personnel Conference Room 108, 1625 13th Street, Lubbock, Texas. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the Purchasing Department at (806) 767-2167 (Monday -Friday, 8:00 - 5:00 p.m.) or 1625 13th Street, Room L-04 at least 48 hours in advance of the meeting. .5 RON SH SENIOR F F �i i FM F - , ir a f r GENERAL INSTRUCTIONS TO BIDDERS r r r GENERAL INSTRUCTIONS TO BIDDERS SCOPE OF WORK The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with contract documents for the ADA COMPLIANCE - ELEVATORS. 2. CONTRACT DOCUMENTS All work covered by this contract shall be done in accordance with contract documents described in the General Conditions. All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 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. TINE AND ORDER FOR COMPLETION The construction covered by the contract documents shall be fully completed within 120 (One Hundred Twenty) calendar days from the date speed 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 accordancewith the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to insure completion of the project within the time specified. 5. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 6. AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by l the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 7. MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full r- responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project. II F GUARANTEES All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 9. PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 10. PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid,, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the 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 materials to be incorporated into the work without paying the tax at the time of purchase. 12. PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 13. BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost r� E k and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 14. EXPLOSIVES The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. P In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall ^" further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of 't 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 F site of the work of Contractor's intention to use cxplosives, 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. I 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 notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The insurance certificates furnished shall name the City as an additional insured and shall further state that all subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. 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 S 159a, Vemon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: (1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 11 F (2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 18. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 19. PROVISIONS CONCERNING ESCALATOR CLAUSES Proposals submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 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, distinctly and legibly, or typewritten. In ruse of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or person duly authorized.. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink. Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: (a) Bidder's name (b) Proposal for (description of the project). 21. Bid proposals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no proposal may be withdrawn or altered thereafter. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Proposal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. 6) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. No Text BIDPROPOSAL LUMP SUM PROPOSAL CONTRACT PLACE: Lubbock, Texas ° DATE: January 11, 1995 PROJECT NUMBER: 13130 - ADA COMPLIANCE - ELEVATORS Proposal of SCHINDLER ELEVATOR CORPORATION (hereinafter called Bidder) r' 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 ELEVATOR ADA UPGRADES ii L having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies; and to construct the project in accordance Rzth the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. MATERIALS: TWENTY-SIX THOUSAND FIVE HUNDRED NINETY-SEVEN ($ 26.597.00 ) SERVICES:_TwENTY THOUSAND SEVEN HUNDRED EIGHTY-TWO AND N01100 ($ 20,782.00 ) TOTALBID: FoRTY-SEVEN THOUSAND THREE HUNDRED SEVENTY-NINE ($..-47„379.00 ) (Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 120 (One Hundred Twenty) 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 calendar day in excess of the time set forth hereinabove for completion of this r' project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with instruction rnumber 20 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. 1L F A- 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. ` Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5% ) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him. Enclosed with this proposal is a Cashier's Check or Certified Check for Dollars (S ) or a Proposal Bond in the sum of 5% of amount of bid 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 contract documents made available to him for his inspection in accordance with the Notice to Bidders. l ^ SCHINDLER ELEVA 13V (Seal if Bidder is a Corporation) ATTEST. FSecretary Kenneth C. IF I, John S. M. Karnash, Vice President and Secretary of Schindler Elevator Corporation, do hereby certify that the following appointed officers and managers of Schindler Elevator Corporation, hold the positions shown opposite their respective names: D. J. Bauhs Chief Executive Officer J. L Cocca President J. L Cooper Vice President, Human Resources & Administration J. S. M. Karnash Vice President, Secretary & General Counsel C. Undenmeyer Vice President & Chief Financial Officer M. W. Thomas Vice President, Engineering & Production W. E. Stroup Regional Vice President - New York Region E. T. Mach District Manager - Lynbrook R. H. Cusick District Manager - Northern N.J. E. R. Dvorak Regional Vice President - Great Lakes Region P. W. Amend Branch Manager - Brookfield J. A. Furrer Branch Manager - Madison J. A. Dugan Branch Manager - Des Moines P. R. Marshall District Manager - Cincinnati R. O. Romnes District Manager - Minnetonka D. A. Roth District Manager - Detroit L E. Rigsby Branch Manager - Indianapolis M. A. Dell Donne Regional Vice President - Northeastern Region J. R. Shankman District Manager - Hartford G. M. MacNeil District Manager - Newton J. L Dimmock District Manager - Cleveland T. D. Nolan Branch Manager - Columbus R. L Keen Regional Vice President - Atlantic Coast Region T. P. Caine District Manager - Richmond R. T. Faldutl District Manager - Charlotte R. B. Duncan Branch Manager - Raleigh R. L Bolce District Manager - Philadelphia K. C. Segel Regional Vice President - West Central Region R. V. Wilkinson District Manager - Houston D. L Crane Branch Manager - Denver J. A. lannaccone District Manager - New Orleans W. H. Eldred District Manager - St. Louis M. S. Carson Branch Manager - Kansas City S. G. Isphording Regional Vice President - Southeast Region R. Crespin District Manager - Puerto Rico D. M. Russell District Manager - Longwood R. H. Alexander District Manager - Hollywood R. J. Borland Branch Manager - Birmingham R. G. LeFollette Branch Manager - Memphis S. L Stadelman Regional Vice President - Pacific Coast Region S. E. Barnette District Manager - San Francisco D. T. Martin District Manager - Redmond A. G. Uposky District Manager - Pearl City . J. V. Corcoran Manager - Service Operations, Morristown J. Sala Manager - Construction & Modernization Marketing, Morristown and that such persons have been authorized, consistent with the corporate bylaws and resolutions and when acting in the ordinary course or conduct of business, to sign proposals, bid bonds, and contract bonds and to enter Into contracts for the sale, Installation, maintenance, Inspection and repair of apparatus, service and supplies on behalf of Schindler Elevator Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Schindler Elevator Corporation. SCHINDLER ELEVATOR CORPORATION q A 1-7 o The FIDELITY AND DEPOSIT COMPANY OF MARYLAND c �© COLONIAL AMERICAN CASUALTY AND SURETY COMPANY HOME OFFICES: BALTIMORE, MD. 21203 111 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN i CASUALTY AND SURETY COMPANY, corporations of the State of Maryland, by C. M. PECOT, JR., Vice -President, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of the respective By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute and appoint George L. Runey, Robert E. Stalnaker, Jr. , E. M. Adler, Karen E. Vester, Karen Price, Irmgard Collins, Ricardo J. Reyna and Karen t e true aw agent an orney-m- act o eac , tom e, , seal an r, for, and on its behalf as surety, and as its act and deed: any and all bonds and bonds under gs... EXCEPT bonds on behalf of Independent Executors, Community Su s an unity Guardians... 0 An a execution of such bonds or undertakings in pursu these pre all be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had y execu acknowledged by the regularly elected officers of C . the respective Companies at their offices in Baltimo , in their, roper persons. This power of attorney revokes that issued on behalf of,- rge L,- ey, etal, dated February 24, 1994. u -1117/ IN WITNESS -WHEREOF, the said Vice -Pr and As ' 'Se: retary -have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY EPOSIT Y OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY this___—__ _ 1st wday A.D. 19944 sa __ C ATTEST:°"° FID AND DEPOSIT COMPANY OF AND SEAL By Ass' cretary Vice- resident ,�/`! C NIAL AMERICAN CASUALTY AND S OMPA Assistant Secretary STATE OF MARYLAND By Vice- resident COUNTY OF BALTIMORE ( SS: On this—1 s t -_day of) u Augus t_ , A.D. 19.9A-, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came C. M. PECOT, JR., Vice -President and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described herein and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above writte CAROL J. FA ER Notary Public o My commission expires__.AuW_ L—L_]996 ^��__ CERTIFICATE I. the undersigned Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2 of the respective By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This certificate may be signed by facsimile under and by authority of resolutions of the Board of Directors of the FIDELITY AND DEPOSIT ! COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the Sth day of December, 1991. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, whenever appearing upon a certified copy of any power of attorney isgued by the Company, shall be valid and binding upon the Com- pany with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the co=Sofid Companies, this 1 1 r h day of IANITARY — 19 9_S. rt,1419drrx) —168 Q Assistant Secretary EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice - Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Commmittee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice - Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." c STATUTORY PMtMti&M6 P"tik UANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION, t9S9 . KNOW ALL MEN BY THESE PRESENTS, that Schindler Elevator (hereinafter called the Principal(s), as 7 Corporation Principal(s), and COLONIAL AMERICAN CASUALTY & SURETY COMPANY (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of $ 4 7 , 3 7 9 * Dollars ($ 4 7 , 3 7 9 ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 2 6 tlbay of January . 1935 ,Aoc for the ADA compliance for elevator project #9041. 9211 *Forty-seven thousand three hundred seventy-nine and no/100 Dollars 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 r" length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes r 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 scaled this instrument this �— day of 19�5� COLONIAL AME ICAN CASUALTY {'' & SURETY COMPANY Schindler Elegy a r Cory Surety Pal-- 1 *By, (Title) E . M. ADLER ATTORNEY -IN -FACT BOND CHECK r" BEST RATING LICENSED INTPM DAT6_- BY &M L By: (Title) By: (Title) k The UD FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY Companies HOME OFFICES: P.O. BOX 1227 BALTIMORE, MD 21203 BID BOND KNOW ALL MEN BY THESE PRESENTS: Thatwe, --- C-OEP_ORATIIIN------------------------------------------ _--------------- (Here insert the name and address or legal title of the Contractor) — 8650 KING G E O RG E D R I V E.__ D A L L A S_.__ T X___ 7 5 2 35____________�_ as Principal, (hereinafter called the "Principal"), andCCIOUAL AMERICAN—CASLJALT_Y_ & _SURETY COMPANY of Baltimore, Maryland, a corporation duly organized (Here insert the name of the Surety) under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety") are held and firmly bound unto _— C I T Y —0 F —L U B B O C K 1--- T E X A S_—_--------------------------------------------------- ----- --------------------- i, (Here insert the name and address or legal tide of the Owner) _ - _ _ _ _ __ _ _ -- ------------------------------------------------as Obligee, (hereinafter called the "Obligee"), in the sum of_--- .... 5 % OF AMOUNT _BID -----------------------------------------------Dollars ($----5-------------), 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_--------------------------------_--------------_------___�_—_- _ _ A D A C O M P L I A N C E F O R ELEVATOR PROJECT # 9041.9211 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this --- —-------- —------- --1.._1-th------ -- ------- _day A.D., 1995 - -- ---------- ---4_.t`�_---- ------ Witness ❑ FIDELITY AND DEPOSIT COMPANY OF MARYLAND X7 COLONIAL AMERICAN CASUALTY AND SURETY COMPANY rSure/ty=r' 1 L-------- —--------- —--- ------------- ------------------—-------------- -------- B E l ------- (SEAL) Witness . -- AUL�I� -- - - -- - ----Title C325b(M-3M, 11-92 236893 Conforms to American Institute of Architects Document A-310, February 1970 Edition. Fidelity and Deposit Company OF MARYLAND Colonial American Casualty and Surety Company HOME OFFICES: BALTIMORE BID BOND i O � w i z i a_ 0 z Th undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. . COLONIAL AMERICAN CASUALTY & SURETY COMPANY Surety * C7, (Title) E. M. ADLER ATTORNEY —IN —FACT Approved as to form: City of L bbock � Y: ity Attorney * Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation If signed by an Attorney in Fact, we must have copy of power of attorney for our files. r The Ua�D FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY U. �nies HOME OFFICES: BALTIMORE, MD. 21203 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the State of Maryland, by C. M. PECOT, JR., Vice -President, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of the respective By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute and appoint George L. uney, Rob t E. Stalnaker, Jr., E. M. Adler, Karen E. Vester, Karen Price, Irmga Gpllins,.lardo J. Reyna and Karen the -true and lawful agent and Attorney -to -Fact of each, to make X� te, seal ver, for, and on its behalf as surety, and as its act and deed: any and all bonds and bond and ngs...EXCEPT bonds on behalf of Independent Executors, Community S ors a ° tttmunity Guardians........._-___ An a execution of such bonds or undertakings in purs f these p shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had duly exec d acknowledged by the regularly elected officers of the respective Companies at their offices in Baltim d., in th ' w proper persons. This power of attorney revokes that issued on behalf o orge ney, etal, dated February 24, 1994. IN WITNESS WHEREOF, the said Vice- ent and Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDEL► DEPOSIT NY OF MARYLAND and the COLONIAI. AMERICAN CASUALTY AND SURETY COMPANY this---- � is __— __ day Of__ _ A11�11S t _—___________�__—_, A.D. 19.94_ ATTEST: FI AND DEPOSIT COMPANYLA LAND By__--- — - _-- - --- Assis cretary Vice- resident C/SE �' COLONIAL AMERICAN CASUALTY AND4"0 MPA L ----------- By Assistant Secretary resident — STATE OF MARYLAND COUNTY OF BALTIMORE SS: On this____1 S t____ day o f— August_—_—_._____. A.D. 19-94-, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came C. M. PECOT, JR., Vice -President and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the E individuals and officers described herein and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that r the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. i IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. s CAROL J. FA ED R / Notary Public My commission expires____ August-ly-19Q6_------- _ CERTIFICATE I, the undersigned Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2 of the respective By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This certificate may be signed by facsimile under and by authority of resolutions of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of December, 1991. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore r or hereafter, whenever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Com- pany with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporal seals of the said Companies, this_ —______--_day of-------------- ----___---- --• 19 ---- —• it LI419d(TX) —168 Assistant Secretary EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2, The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice - Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Commmittee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice - Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertalings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." PERFORMANCE BOND F t. STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL. STATUTES OF TEXAS AS r AMENDED BY ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION 1959 .Elevator Corp KNOW ALL MEN BY THESE PRESENTS, that Schi nd 1 er(hereinafter called the Principal(s), as Principal(s), and COLONTAL AMRRTCAN CARUAT,TY & SURETY COMPANY (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of $d 7 ; 7q * Dollars (S 47,379 ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 26 tay of .Taniiary .19_2§=for the ADA compliance for elevator proiect #9041,9211 *Forty-seven thousand three hundred seventy-nine $ no/100 Dollars and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of 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_3-day of 19 { COLONIAL AMEIVICAN CASUALTY h STTRETY COMPANY chin er ev a t or, Forn Surety Principal * By: ��' - C-� ^ (Title) E. M. ADLER ATTORNEY -IN -FACT BOND CHECK BEST RATING LICENSED IN;TVAS DATE:& BY � By: (Title) By: (Title) r Ile undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates C. a 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. l COLONIAL AMERICAN CASUALTY & SURETY COMPANY Surety * � _0� By: (Title) E . M. ADLER ATTORNEY —IN —FACT Approved as to Form City ofLubbock } ^ 4 By: a Q2 v L ( City Attorney * Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. r 19 F t The FIDELITY AND DEPOSIT COMPANY OF MARYLAND • o D COLONIAL AMERICAN CASUALTY AND SURETY COMPANY r HOME OFFICES: BALTIMORE, MD. 21203 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the State of Maryland, by C. M. PECOT, JR., Vice -President, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2 of the respective By -Laws of said Companies, which are Set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute and appoint George L. uney, R bext E. Stalnaker, Jr. , E. M. Adler, Karen E. Vester, Karen Price, Irmga llins °cardo J. Reyna and Karen Me ifue tng 1151w ruqi agent landf ltltogeay-in'hactFoAfeac ,to make te, seal ever, for, and on its behalf as surety, and ~ as its act and deed: any and all bonds and bond �d and ings... EXCEPT bonds on behalf of Independent Executors, Community S�ors a ° mmunity Guardians..... - An t e execution of such bonds or undertakings in puts f thejgd , shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had duly ez acknowledged by the regularly elected officers of the respective Companies at their offices in Baltim , " inothper persons. This power of attorney revokes that issued on behalf gorge ey, etal,dated February 24, 1994. OIN WITNESS WHEREOF, the said Vice-P ' ent and V\Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELI DEPOSITANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY this --__Is___ __ ____day of Algust _ —_ ________, A.D. 19-9-4 v ATTEST: °•� AND DEPOSIT COMPANY OF LAND SEAL -... --___ By _—�_ ___ _— Ass' cretary Vice- resident COLONIAL AMERICAN CASUALTY AND SURE OMPA EEAL;9' By Assistant Secretary Vice- resident STATE OF MARYLAND COUNTY OF BALTIMORE SS: On this__ s ;_—day A.D. 19_94-, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came C. M. PECOT, JR., Vice -President and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described herein and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above writte . CAROL J. FA ER Notary Public My commission expires-_ /Altgu5t _ls_!_9% r CERTIFICATE 4 I, the undersigned Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate, and I do further certify that the Vice -President who executed the said Power of Attorney r was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, j Section 2 of the respective By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This certificate may be signed by facsimile under and by authority of resolutions of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of December, 1991. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore r or hereafter, whenever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Com- pany with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporal seals of the said Companies, this_ ____day Assistant Secretary EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice - Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Commmittee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice - Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages .... and to affix the seal of the Company thereto." CERTIFICATE OF INSURANCE Certificate of Insurance ARMUGHT Certificate Number: 224 Arkwright Mutual Insurance Company Two Corporate Drive Suite 434 Shelton, CT 06484 USA 203 925 0088 FAX 203 925 0418 This certifies that this Company insures the property listed below in accordance with the terms and conditions of the below referenced Policy and Endorsements attached thereto. This Certificate of Insurance does not amend, extend or otherwise alter the terms and conditions of insurance coverage provided by such policy. Policy Coverage Policy Interest Number Eff. Date Exp. Date Eff. Date 0102008 11/01/92 11/01/95 03/01/95 Name of Insured: Schindler Elevator Corporation Location Address: Lubbock International Airport, Lubbock, TX Municipal Square, Lubbock, TX City Municipal Building, Lubbock, TX Property Covered: Personal Property on a Repair/Replacement basis. Type of Insurance: All Risk of physical loss or damage. Certificate Issued to: City of Lubbock Address: Municipal Building, Room L04 1625 13th Street City of Lubbock, TX Nature of Interest(s): Loss Payee with respect to an ADA Upgrade to be done at the above three (3) listed locations, not to exceed $50,000 in total insurable value. Date: February 24, 1995 Authorized Signature r t. � A/://1:11. 1 PRODUCER WILLIS CORROON CORPORATION OF NEW JERSEY 201 LITTLETON ROAD MORRIS PLAINS, NJ 07950-2937 INSURED SCHINDLER ELEVATOR CORPORATION 20 WHIPPANY ROAD MORRISTOWN, NJ 07960 DIVISION/BRANCH: 5110 ISSUEDATE 3/24/95 Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE COMPANIES AFFORDING COVERAGE COMPANY A ZURICH INSURANCE COMPANY LETTER COMPANY B LETTER COMPANY `. LETTER COMPANY D LETTER COMPANY E LETTER COVERAGES t.., THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Co TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MM100/YY) DATE (MMIDD" A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR, OWNER'S 3 CONTRACTOR'S PROT. X CONTRACTUAL LIAB. + AUTOMOBILE LIABILITY A X ANY AUTO X ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS rX NON -OWNED AUTOS i GARAGE LIABILITY GENERAL AGGREGATE I) GLO6445-435-05 12/31/94 12/31/95 - - PRODUCTS-COMP/OP AGG. II PERSONAL A AOV. INJURY S EACH OCCURRENCE S FIRE DAMAGE (Any one fire) S MED. EXPENSE (Any one person) S COMBINED SINGLE s BAP6445-436-05 12/31/94 12/31/95 LIMIT TAP6445-444-05 (TX) BODILY INJURY s MA6445-443-05 (MA) (Per person) BODILY INJURY S (Per accident) PROPERTY DAMAGE s 5,000,000 5,000,000 2,000,000 2,000,000 1,000,000 1,000,000 EXCESS LIABILITY EACH OCCURRENCE s UMBRELLA FORM AGGREGATE s I OTHER THAN UMBRELLA FORM WC6445-436-06 A WORKER'S COMPENSATION WC6445-445-05 (CA) 12/31/94 12/31/95 STATUTORY LIMITS AND NC6668187-03(DED) EACH ACCIDENT s 500,000 AH6668188-03 (LA) DISEASE —POLICY LIMIT s 500,000 EMPLOYERS' LIABILITY AH79-74-079—01 (AL) DISEASE —EACH EMPLOYEE S 500,000 OTHER `' THE LIMITS OF THE GENERAL LIABILITY POLICY, INCLUDING THE CONTRACTUAL LIABILITY INSURANCE, WILL NOT EXCEED THE 1 CONTRACTUAL REQUIREMENTS MR THE PROJECT DESCRIBED BELOW. DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLESISPECIAL ITEMS i 1) LUBBOCK INTERNATIONAL AIRPORT: 2) MUNICIPAL SQUARE; 3) MUNICIPAL BUILDINGi PROJECT NO. 13130—ADA UPGRADES —WAIVER OF SUBROGATION IS GRANTED IN FAVOR OF CITY OF LUBBOCK—CITY OF LUBBOCK IS INCLUDED AS ADDITIONAL INSURED AS RESPECTS SUBJECT PROJECTS —SEE ATTACHED ADDITIONAL INSIRED ENDORSEMENT CERTIFICATE HOLDER CANCELLATION CITY OF LUBBOCK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE MUNICIPAL BUILDING EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL 009X=Vft ROCM L-04 MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 1625 13TH STREET LUBBOCK, TX 79401 LEFT, 6 AUTHORIZED REPRESENTATIVE Al ws CONTRACT : [ ' I CERTIFICATE 1:[ 116811 ACORD 25-6 (7190) ACORD CORPORATION 1990 r I ZURICH-AMERICAN INSURANCE GROUP ENDORSEMENT POLICY NO. EFF. DATE OF POL L%P. DATE OF POL EFE DATE OF END. AGENCY NO. ADUL PREMIUM RETURN PREMIUM I,W4543505 12/31/94 12/31/95 12/31/94 a a This Endorsement Changes The Policy. Please Read it Carefully. Named Insured: Schindler Enterprises, Inc. Address (including ZIP code): 20 Whippany Road, Morristown, New Jersey 07960 Division # 5110 Certificate No. 11681 This endorsement modifies insurance provided by the following: COMMERCIAL GENERAL LIABILITY BLANKET ADDITIONAL INSURED ENDORSEMENT THE 'PERSONS INSURED' PROVISION ARE AMENDED TO INCLUDE AS AN INSURED ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS SPECIFICALLY AGREED BY WRITTEN CONTRACT TO PROCURE BODILY INJURY, PROPERTY DAMAGE AND PERSONAL INJURY LIABILITY INSURANCE PROVIDED THAT: A. THIS INSURANCE APPLIES ONLY TO EACH COVERAGE WHICH THE NAMED INSURED HAS AGREED r TO PROVIDE BY CONTRACT, BUT IN NO EVENT SHALL COVERAGE EXCEED THE COVERAGE OTHERWISE AFFORDED BY THIS POLICY: r- B. THE AMOUNT OF INSURANCE IS LIMITED TO THAT REQUIRED BY SUCH WRITTEN CONTRACT, BUT IN NO EVENT SMALL THE LIMITS OF LIABILITY EXCEED THE LIMITS OF LIABILITY PROVIDED BY THE POLICY: rl C. THIS INSURANCE APPLIES ONLY TO BODILY INJURY OR PROPERTY DAMAGE ARISING SOLELY OUT ' OF NEGLIGENT ACTS, ERRORS, OR OMISSIONS OF THE NAMED INSURED WHILE THE NAMED INSURED IS ACTIVELY ENGAGED IN OPERATIONS AT THE SITE DESIGNATED IN THE CONTRACT r BETWEEN THE NAMED INSURED AND THE ADDITIONAL INSURED: D. THIS INSURANCE SHALL APPLY AS PRIMARY INSURANCE AS RESPECT TO ANY PERSON OR r ORGANIZATION FOR WHOM THE INSURED HAS AGREED BY WRITTEN CONTRACT TO PROVIDE INSURANCE ON A PRIMARY BASIS. ANY OTHER INSURANCE AVAILABLE TO SUCH PERSON OR ORGANIZATION SHALL BE EXCESS AND NOT CONTRIBUTORY WITH THE INSURANCE AFFORDED �. BY THIS POLICY: i E. THIS INSURANCE SHALL TERMINATE UPON THE EARLIER OF THE FOLLOWING: 1. TERMINATION BY WRITTEN CONTRACT BETWEEN THE NAMED INSURED AND THE ADDITIONAL INSURED; OR 2. WHEN THE PROJECT MEETS THE DEFINITION OF SUBSTANTIAL COMPLETION IN THE r CONTRACT BETWEEN THE NAMED INSURED AND THE ADDITIONAL INSURED. Countersigned: (Authorized U-GL-113-B CW (4/89) Page 1 of 1 r OWNERS AND CONTRACTORS PROTECTIVE LIABILITY POLICY DECLARATIONS Service Office: DIVISION: 5110 Policy Number Policy Period from to OCP 823844700 03/01/95 12131M Named Insured and Mailing Address r" CITY OF LUBBOCK 'r MUNICIPAL BUILDING - ROOM L-04 1625 13TH STREET LUBBOCK, TEXAS 79401 CONTRACT#: PROPOSED COMPLETION DATE: Insurance Company ❑ Zurich Insurance Company ❑ American Guarantee and Liability Insurance Company Producer ❑ WILLIS CORROON CORP. OF NEW JERSEY 201 LITTLETON ROAD MORRIS PLAINS, NJ 07950-2937 r i The Policy Period begins and ends on the dates stated above at 12:01 A.M. Standard Time at your mailing address as stated above. Premium Audit shall be made: IN RETURN FOR THE PAYMENT OF PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. DESIGNATION OF CONTRACTOR Designation of Contractor and Mailing Address: SCHINDLER ELEVATOR CORPORATION 20 WHIPPANY ROAD MORRISTOWN, NEW JERSEY 07960 LOCATION OF COVERED OPERATIONS: 1) LUBBOCK INTERNATIONAL AIRPORT; 2) MUNICIPAL SQUARE; 3) MUNICIPAL BUILDING; PROJECT NO.13130-ADA UPGRADES d LIMITS OF INSURANCE $2,000,000.00 Aggregate Limit: $.00 r• Each Occurrence Limit: $ $2'000'000 BUSINESS DESCRIPTION Form of Business: ❑ Individual ❑ Joint Venture d Partnership ❑ Organization (Other Vian Partnership or Joint Venture) DESCRIPTION OF OPERATION: PREMIUM Rate per Classification Code No. Premium Basis $1,000 of Cost Advance Premium OWNERS AND CONTRACTORS PROTECTIVE LIABILITY $ INCL. Total Advance Premium $ INCL. FORMS AND �ENr�sDeOReeSEMaEt�NnTS (other than applicable Forms and Endorsements shown elsewhere in the policy) �TLC@gj t ; u-Plyii�A; CGiS Policy �n m 2 1�art of the policy at time of issue: 2855(ai/86 4g /85); 9 Countersigned this 28TH day of FEBRUARY DAVID o'L Y Authorized Representative U-GL-D-275-A (12/89) k � nuRwuw POLICY NO. FM Named Insured Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WF. DA78OF POL I MQ. DATE OF POL I OF. DATE OF END. I ACANCY NO I ADD"L ►R M. I REn" FREW. Address (including ZIP Code) This endorsement modifies insurance provided by the Wowing: It is agreed that the following exclusion is added to the policy: This insurance does not apply to any obligation of the company: 1) to investigate, settle or defend any claim or suit against any insured alleging actual or threatened injury or damage of any nature or ldnd to persons or property including loss of use which arises out of or would not have occurred but for exposure to asbestos or the manifestation of any disease relating to the exposure to asbestos during the policy period or at any time prior to the policy period; 2) to pay, contribute or indemnify another for any damages, judgements, settlements, loss, costs or expenses that may be awarded or incurred by reason of any such claim or suit or any such insured or damage, or complying with any action authorized by law and relating to such injury or damage. Countersigned Authorized Representative v-GLAU-a cw (4-89) i ��• rAPAW C"-A'"""" Endorsement I 4 rThis endorsement changes the policy. Please read It carefully. Poh y No. Ell. Date of Pot. Exp. Date of Pol. Eft. Date of End Agency No. Add'I Premum Return Premium S S This endorsement is issued by the company named in the Declarations. It changes the policy on the effective date listed above at the hour stated in the Declarations. Named Insured I Address (including Zip Code) COMPLETE POLLUTION EXCLUSION The exclusion relating to the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants is replaced by the following: This insurance does not apply: 1. to bodily injury, personal injury or property damage arising out of the actual, alleged or threatened discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants, pollutants, or any solid, liquid, gaseous or thermal irritant or contaminant including materials to be recycled, recon- ditioned or reclaimed, into or upon land, the atmosphere or any water course or body of water. 2. to any loss, cost or expense arising out of any governmental direction or request that the named insured (you) test for, monitor, clean up, remove, contain, treat, detoxify or neutralize any of the above. Countersigned Authorized Representative U-PL-118-A i r- THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY COMMERCIAL AUTO COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY* LIABILITY POLICY — NEW YORK DEPARTMENT OF TRANSPORTATION 1. The insurance does not apply: A. Under any Liability Coverage to "bodily in- jury" or "property damage:" (1) With respect to which an "insured" under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability In- surance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or (2) Resulting from the "hazardous proper- ties" of "nuclear material" and with respect to which (a) any person or or- ganization is required to maintain finan- cial protection pursuant to the Atomic Energy Act of 1954, or any law amen- datory thereof, or (b) the "insured" is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. r.. IL 00 21 11 85 B. Under any Medical Payments coverage, to expenses incurred with respect to "bodi- ly injury" resulting from the "hazardous properties" of "nuclear material" and arising out of the operation of a "nuclear facility" by any person or organization. C. Under any Liability Coverage, to "bodily injury" or "property damage" resulting from the "hazardous properties" of "nuclear material; ' if: (1) The "nuclear material" (a) is at any "nuclear facility" owned by, or operated by or on behalf of, an "in- sured" or (b) has been discharged or dispersed therefrom; (2) The "nuclear material" is contained in "spent fuel" or "waste" at any time possessed, handled, used, pro- cessed, stored, transported or dis- posed of by or on behalf of an "in- sured," or (3) The "bodily injury" or "property dam- age" arises out of the fumishing by an "insured" of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nuclear facil- Copyright, Insurance Services Office, Inc., 1983, 1984 ity," but if such facility is located within the United States of America, Its territories or possessions or Canada, this exclusion (3) applies on- ly to "property damage" to such "nuclear facility" and any property thereat. 2. As used in this endorsement: "Hazardous properties" include radioactive, toxic or explosive properties; "Nuclear material" means "source material;' "Special nuclear material" or "byproduct mat- erial;" "Source material;' "special nuclear material;' and "byproduct material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor," "Waste" means any waste material (a) con- taining "by-product material" other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its "source material" content, and (b) resulting from the operation by any person or organization of any "nuclear facility" included under the first two paragraphs of the definition of "nuclear facili- ty.., "Nuclear facility" means: (a) Any "nuclear reactor," (b) Any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing "spent fuel;' or (3) handl- ing, processing or packaging "waste; (c) Any equipment or device used for the processing, fabricating or alloying of "special nuclear material" if at any time the total amount of such material In the custody of the "insured" at the premises where such equipment or device is located consists of or con- tains more _than 25 grams of plutonium or uranium 233 or any com- bination thereof, or more than 250 grams of uranium 235; (d) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of "waste;" and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations; "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material; "Property damage" includes all forms of radioactive contamination of property. Copyright, Insurance Services Office, Inc., 1983, 1984 IL 00 21 11 85 t COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART 1. The CANCELLATION Condition (Section IV) is replaced by the following. - CANCELLATION A. You may cancel this Coverage Part by mailing or delivering to us advance writ- ten notice of cancellation. B. We may cancel this Coverage Part by mailing or delivering to you and the "contractor" written notice of cancella- tion at least 45 days before the effec- tive date of cancellation, except: 1. Upon your failure or the "contrac- tor's" failure to discharge his or her obligation in the. payment of premium for this Coverage Part or any install- ment thereof, whether payable directly to us or our agents or indirectly un- der any premium finance plan o, ex- tension of credit, we may cancel the policy by mailing written notice to you at least 10 days prior to the effective date of cancellation; 2. Upon a substantial change in oper- ations resulting in an increase in ex- posure within the control of the insured which would produce an in- crease in rate, we may cancel this Coverage Part by mailing written no- tice to you and the "contractor" -at least 10 days prior to the effective date of cancellation; 3. Upon a determination by the State Board of Insurance that the continua- tion of the policy would violate or place us in violation of the Insurance Code, we may cancel this Coverage Part by mailing written notice to you and the "contractor" at least 10 dayys Prior to the effective date of cancel- tion; 4. Where a company has been placed in supervision, conservatorship, or receivership, we may cancel this Cov- erage Part by mailing written notice to you and the "contractor" at least 10 days prior to the effective date of cancellation upon approval or at the direction of the supervisor, conservator or receiver; or 5. On a new policy, not a renewal in the same company, we may cancel within 60 days of the initial effective date of the policy by mailing written notice to you and the "contractor" at least 10 days prior to the effective date of cancellation. We may comply with this provision by requiring or permitting our agent to notify the policyholder. However, the responsi- bility of giving notice to you and the contractor' remains with us if the agent fails to carry out the instructions to no- tify you and the "contractor.' C. We will mail or deliver our notice to the "contractors" and your last mailing aodresses known to us. D. Notice of cancellation will state the ef- fective date of cancellation The policy period will end on that date E. If this Coverage Part is cancelled, we will send the contractor' any premium refund due. If we cancel, the refund will be pro rata. If you or the "contractor"' cancels, the refund may be less than pro rata. The cancellation will be ef- fective even if we have not made or offered a refund. F. If notice is mailed, proof of mailing will be sufficient proof of notice 2. The following is added and supersedes any provision to the contrary: WHEN WE DO NOT RENEW If we decide not to renew this Coverage Part, we will mail or deliver to you and the "contractor" written notice of the nonrenewal not less than 45 days before the expiration date, except where a com- pany has been placed in supervision, conservatorship, or receivership, we may decline renewal of this Coverage Part byy mailing written notice to you at least 10 days before the expiration date upon ap- proval or at the direction of the supervisor, conservator or receiver. We may comply with this provision by re- quiring or permitting our agent to notify the policyholder. However, the responsibility of giving notice to you and the 'contractor" remains with us if the agent fails to carry out the instructions to notify you and the "contractor". If notice is mailed, proof of mailing will be sufficient proof of notice. CG 28 55 06 86 Copyright, Insurance Services Office, Inc., 1986 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES --CONDITION REQUIRING NOTICE This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART Under COVERAGES (Section 1). any provision of the Coverage Part requiring you, the "contractor" or any insured to give notice of occurrence, daim or suit, orforward demands, notices. summonses or legal papers in connection with a claim or suit, will not bar liability under this Coverage Part unless we are prejudiced by your or the "contractor's" failure to comply with any such requirement. CG 28 241185 Copyright, Insurance Services Office, Inc., 1985 ❑ OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM --COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR %%rious provisions of this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what Is and Is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we," "us," and "our" refer to the Com- pany providing this Insurance. The word "insured" means any person or organiza- tion qualifying as such under WHO IS AN INSURED (Section 11). Other words and phrases that appear in quotation marks have special meaning. Refer to DEFINITIONS (Section V). SECTION I —COVERAGES BODILY INJURY AND PROPERTY DAMAGE r UABILIT Y 1. Insuring Agreement. a. We will pay those sums that the insured be- n comes legally obligated to pay as damages because of "bodily injury" or "property dam- 1' ' age" to which this Insurance applies. We will have the right and duty to defend any "suit" seeking those damages. We may at our discre- tion Investigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in LIMITS OF IN- SURANCE (Section III); and (2) Our right and duty to defend end when we have used up the applicable limit of in- surance in the payment of judgments or settlements. No other obligation or liability to pay sums or perform acts or services is covered unless ex- plicitly provided for under SUPPLEMENTARY PAYMENTS. place ' in the "coverage territory" and axles out of: (1) Operations performed for you by the "contractor" at the location specified in the Declarations; or (11) Your acts or omissions In connection with the general supervision of such operations; and (21 The "bodily injury" or "property damage" occurs during the policy period. e. Damages because of "bodily injury" include damages claimed by any person or organiza- tion for care, loss of services or death result - Mg at any time from the " bodily Injury". 2. Exclusions. This insurance does not apply to: a. Bodily injuryor property damage ex- pected or intended from the standpoint of the Insured. This exclusion does not apply to "bodily Injury" resulting from the use of reasonable force to protect persons or property. b. "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) Assumed In a contract or agreement that Is an "insured contract" provided the "bodily Injury" or "property damage" oc- curs subsequent to the execution of the contract or agreement; or (2) That the Insured would have in the absence of the contract or agreement. c. "Bodily Injury" or "property damage" which occurs after the earliest of the following times: b. This insurance applies to "bodily injury" and (1) When all "work" on the project !other property damage only )f: than servim maintenance or repairs) to be performed for you by the "contractor" at 01 The "bodily injury" or "property damage" the site of the covered operations has Is caused by an "occurrence" that takes been completed; or r.. CG 00 09 11 as Copyright, Insurance Services Office, Inc. 1984, 198E Page 1 of 7 r (2) When that portion of the "contractor's" 1. "Bodily injury" or "property damage" arising "work;' out of which the injury or damage out of the use of "mobile equipment" in, or arises, has been put to its intended use by while in practice or preparation for, a prear- any person or organization. This exclusion ranged racing, speed or demolition contest or does not apply to any contractor or sub- in any stunting activity. contractor working directly or indirectly �• (1) "Bodily injury" or "property damage" fthe or the "contractor" or as part of the same arising out of the actual, alleged or project. threatened discharge, seepage, migration, d. "Bodily injury" or "property damage" arising dispersal, release or escape of pollutants: out of your, or your employees', acts or omis- (a) At or from any premises, site or loca- sions other than general supervision of "work" tion which is or was at any time performed for you by the "contractor." owned or occupied by, or rented or e. Any obligation of the insured under a workers loaned to, any insured; compensation, disability benefits or unem- (b) At or from any premises, site or loca- ployment compensation law or any similar law. tion which is or was at any time used f. ;'Bodily injury" to: by or for any insured or others for the (1) An employee of the insured arising out of handling, storage, disposal, process - and in the course of his employment by ing or treatment of waste; the insured; (c) Which are or were at any time (2) The spouse, child, parent, brother, or sister transported, handled, stored, treated, of that employee as a consequence of (1) disposed of, or processed as waste by above. or for any insured or any person or organization for whom you may be This exclusion applies: legally responsible; or (1) Whether the insured may be liable as an (d) At or from any premises, site or Iota employer or in any other capacity; and tion on which any insured or any con- (2) To any obligation to share damages with tractors or subcontractors working or repay someone else who must pay directly or indirectly on any insured's damages because of the injury. behalf are performing operations: This exclusion does not apply to liability (I) If the pollutants are brought on or assumed by the insured under an "insured to the premises, site or location in contract" connection with such operations g. "Property damage" to by such insured, contractor or subcontractor; or (1) Property you own, rent, or occupy; (ii) If the operations are to test for, (2) Property loaned to you; monitor, clean up, remove, con- (3) Personal property in the care, custody or tain, treat, detoxify or neutralize, control of the insured; or or in any way respond to, or assess the effects of pollutants. (4) "Work" performed for you by the "con- tractor." Subparagraphs (a) and (d)(i) do not apply to "bodi- ly injury" or "property damage" arising out of h. "Bodily injury" or "property damage" due to heat, smoke or fumes from a hostile fire. As used war, whether or not declared, or any act or in this exclusion, a hostile fire means one which condition incident to war. War includes civil becomes uncontrollable or breaks out from where war, insurrection, rebellion or revolution. This it was intended to be. exclusion applies only to liability assumed under: (2) Any loss, cost, or expense arising out of (1) An "insured contract;" or any (a) Request, demand or order that any in- I21 Expenses for first aid. (2) or others test for, monitor, clean Page 2 of 7 Copyright, Insurance Services Office, Inc., 1984, 1988 CG 00 09 11 88 r rw No person or organization is an Insured with respect to the conduct of any current or past part- nership or joint venture that is not shown as a r Named Insured In the Declarations. r SECTION III—UMITS OF INSURANCE 7 1. The Umits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: 7 a. Insureds; b. Claims made or "suits" brought; or r" Persons or organizations making claims or bringing "suits!' 2. The Aggregate Umh Is the most we will pay for the sum of damages because of all "bodily injury" and "property damage." 3. Subject to 2. above, the Each Occurrence limit is the most we will pay for the sum of damages because of "bodily injury" and "property damage" arising out of any one "occurrence." If you designate more than one project in the Declara- tions, the Aggregate Umit shall apply separately to each project. The limits of this Coverage Part apply separately to �., each consecutive annual period and to any remaining period of less than 12 months, starting with the begin- ning of the policy period shown in the Declarations, unless the policy period is extended after issuance for F� an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Units of Insurance. SECTION IV —CONDITIONS ,., 1. Bankruptcy. Bankruptcy or insolvency of the insured will not relieve us of our obligation under this Coverage Part. 2. Cancellation. a. The first Named Insured shown in the Declara- tions may cancel this policy by mailing or delivering to us advance written notice of cancellation. b. We may cancel this policy by mailing or delivering to the first Named Insured and the F - Page 4 of 7 "contractor" written notice of cancellation at least: (1) 10 days before the effective date of cancellation if we cancel for non-payment of premium; or (2) 30 days before the effective date of cancellation If we cancel for any other reason. c. We will mall or deliver our notices to the first Named Insured's and the "contractor's" last mailing address known to us. d. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. e. If this policy is cancelled, we will send the "contractor" any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insurd or the "contractor" cancels, the refund may be less than pro rate. The cancella- tion will be effective even if we have not made or offered a refund. f. If notice is mailed, proof of mailing will be suf- ficient proof of notice. 3. Changes. This policy contains all the agreements between you, the "contractor" and us concerning the in- surance afforded. The first Named Insured shown in the Declarations and the "contractor" are au- thorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. 4. Duties In The Event Of Occurrence, Claim Or Suit. a. You must see to it that we are notified as soon as practicable of an "occurrence" which may result In a claim. To the extent possible, notice should include: 11) How, when and where the "occurrence" took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence." Copyright, Insurance Services Office, Inc., 1984, 1988 CG 00 09 11 88 r. up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, 'cleaning up, removing, containing, treating, detoxifying or neutralizing, or In any way responding to or assess- Ing the effects of pollutants. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. k. "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dan- gerous condition in "work" performed for you by the "contractor;" or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "work" per- formed for you by the "contractor." SUPPLEMENTARY PAYMENTS We will pay, with respect to any claim or "suit" vice defend: 1. All expenses we incur. 2. Up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which this insurance ap- plies. We do not have to furnish these bonds. 3. The costs of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. 4. All reasonable expenses Incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit" including actual loss of earnings up to $100 a day because of time off from work. 6. All costs taxed against the insured in the "suit" 6. Prejudgment Interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. 7. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. 8. Expenses incurred by the insured for first aid to others at the time of an accident, for "bodily in- jury" to which this insurance applies. These payments will not reduce the limits of insurance. SECTION II -WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are Insureds. b. A partnership or joint venture, you are an in- sured. Your members, your partners, and their spouses are also insureds, but only with respect to their duties as partners or members of a joint venture. C. An organization other than a partnership or joint venture, you are an insured. Your ex- ecutive officers and directors are insureds, but only with respect to their duties as your of- ficers or directors. Your stockholders are also Insureds, but only with respect to their liabili- ty as stockholders. 2. Each of the following is also an insured: a. Any person (other than your employee) or any organization while acting as your real estate manager. b. Any person or organization having proper tem- porary custody of your property if you die, but only: 11) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. c. Your legal representative If you die, but only with respect to duties as such. That represen- tative will have all rights and duties under this Coverage Part. CG 00 09 11 88 Copyright, Insurance Services Office, Inc.. 1984, 1988 Page 3 of 7 r i r b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other Involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit" (2) Authorize us to obtain records and other Information; (3) Cooperate with us in the investigation, settlement or defense of the claim or "suit" and (4) Assist us, upon our request, in the en- forcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insureds will, except at their own cost, vol- untarily make a payment, assume any obliga- tion, or incur any expense without our consent. S. Examination of Your Books And Records. We may examine and audit your books and records as well as the "contractor's" books and records as they relate to this policy at any time during the policy period and up to three years afterward. 6. Inspections And Surveys. We have the right but are not obligated to: a. Make inspections and surveys at any time; b. Give you reports on the conditions we find; and c. Recommend changes. Any inspections, surveys, reports or recommen- dations relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions; a. Are safe or healthful; or b. Comply with laws, regulations, codes or stan- dards. This condition applies not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, • surveys, reports or recommendations. 7. Legal Action Against Us. No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us in- to a "suit" asking for damages from an in- sured; or_ b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of in- surance. An agreed settlement means a settle- ment and release of liability signed by us, the in- sured and the claimant or the claimant's legal representative. S. Other Insurance. The insurance afforded by this Coverage Part is primary insurance and we will not seek contribu- tion from any other insurance available to you unless the other insurance is provided by a "con- tractor" other than the designated "contractor" for the same operation and job location designated in the Declarations. Then we will share with that other insurance by the method described below. If all of the other insurance permits contribution by equal shares, we will follow this method also, Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, which- ever comes first. If any of the other insurance does not permit con- tribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of in- surance to the total applicable limits of insurance of all insurers. S. Premiums. The "contractor." a. Is responsible for the payment of all premiums; and b. Will be the payee for any return premiums we pay. CG 00 09 11 88 Copyright, Insurance Services Office, Inc., 1984, 1988 Page 5 of 7 71 10. Premium Audit. a. We will compute all premiums for this Cover- age Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as ad- vance premium is a deposit premium only. At the dose of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the "contractor." If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium, we will return the excess to the "contractor." c. The "contractor" must keep records of the in- formation we need for premium computation, and send us copies at such times as we may request. 11. Separation Of Insureds. Except with respect to the Umits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this in- surance applies: a. As If each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 12. Transfer Of Rights Of Recovery Against Others To Us. If the Insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 13. When We Do Not Renew. If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than30 days before the ex- piration date. If notice is mailed, proof of mailing will be suffi- cient proof of notice. 2. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. 3. "Contractor" means the contractor designated in the Declarations. 4. "Impaired property" means tangible property, other than work performed for you, that cannot be used or is less useful because: a. it incorporates work performed for you that is known or thought to be defective, deficient, Inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; . J If such property can be restored to use by: a. The repair, replacement, adjustment or removal of the work prepared for you; or b. Your fulfilling the terms of the contract or agreement. S. "Insured contract" means; a. A lease of premises; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to in- demnify a municipality, except in connection with work for a municipality; or e. An elevator maintenance agreement. 6. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, main- tained primarily to provide mobility to per- manently mounted: SECTION V-DEFINITIONS 11) Flower cranes, shovels, loaders, diggers or drills; or 1. "Auto" means a land motor vehicle, trailer or 12) Road construction or resurfacing equip - semitrailer designed for travel on public roads, in- ment such as graders, scrapers or rollers; cluding any attached machinery or equipment. But "auto" does not include "mobile equipment." Page 6 of 7 Copyright, Insurance Services Office, Inc., 1984, 1988 CG 00 09 11 88 r e. Vehicles not described In a., b., c. or d. above that are not self-propelled and are maintain- ed primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, Including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Whicles not described In a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos:" (1) Equipment designed primarily for: (a) Snow removal; (b1 Road maintenance, but not construc- tion or resurfacing; (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. r i CG 00 09 11 88 7. "Occurrence" means an accident, including con- tinuous or repeated exposure to substantially the same general harmful conditions. , 8. "Property damage" ineans: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; . or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occur- rence" that caused it. 9. "Suit" means a civil proceeding, brought in the United States of America (including its territories and possessions), Puerto Rico and Canada, in which damages because of "bodily injury" or "property damage" to which this insurance ap- plies are alleged. "Suit" include: a. An arbitration which such damages are claimed and to which you must submit or do submit with our consent; or b. Any other alternative dispute resolution pro- cess in which such damages are claimed and to which you submit with our consent. 10. "Work" includes materials, parts or equipment furnished in connection with the operations. Copyright, Insurance Services Office, Inc., 1984, 1988 Page 7 of 7 Endorsement WUS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FFA Q&-M of rot. I Wa. D&W OF rot_ I EFF. D&M of FND. I AGENCY NO. I WWLPREAL I RinMN PIP". Ajamed Insured Address (including ZIP Code) r This endorsement modifies insurance provided by the Mowing t^ It is agreed that: r' 1) This policy is not subject to audit. FIDuntersigned Authorized Representative r U-GI,113-B cw (4-99) l No Text F CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 26th day of January 1995, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and aSCHINDLER ELEVATOR CORPORATION. of the City of Dallas. County of Vallasand the State of Texa, hereinafter termed CONTRACTOR WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements descritjed as follows: BID #13130 ADA COMPLIANCE - ELEVATORS FOR 547,379.00 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 constriction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have year and day first above written. 7 l r, ATTEST: E this agreement in Lubbock, Lubbock County, Texas in the COMPLETE ADDRESS: 8650 King George Drive Dallas, Texas 75235 Corporate Secretary F GENERAL CONDITIONS OF THE AGREEMENT 7 V' • • • it I Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall be understood to mean the person, persons, co -partnership or corporation, to -wit: SSCHINDLER ELEVATOR CORPORATION who has agreed to perform the work embraced in this contract, or to his or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to GEORGE LISENBE, BUII,DING AND ENERGY MANAGEMENT ADMINLSTRATCity of Lubbock, under whose supervision these contract documents, including the plans and specifications, were prepared, and who will inspect constructions; or to such other representative, supervisor, or inspector as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisor or inspectors will act for the Owner under the direction of Owners Representative, but shall not directly supervise the Contractor or men acting in behalf of the Contractor. The contract's 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. S. 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. The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performanceof work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. oj�vxiwn • 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 �.• )mown to him who gives the notice. B. WORK Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTTALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense to him and he shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY f The Owner's Representative may make periodic visits to the site to observe the progress of quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. He will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will he be responsible for the construction means, methods, techniques, sequences or }procedures, or the safety precautions incident thereto. His efforts will be directed towards providing assurances for the Owner that the completed project will conform to the requirements of.the contract documents, but he will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. On the basis of his onsite observations, he will keep the Owner informed of the progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of the Contractor. 13, LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend his work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him, his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 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 uses, determine the amounts and quantities of the several kinds of work which are to be paid for under this contract. He shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The Owner's Representatives'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 direction of the Owner's Representative as rendered shall be promptly carried out, and any claim arising therefrom shall be thereafter adjusted to arbitration as hereinafter provided. The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the Contractor a written decision on all claims of the parties hereto and on all questions which may arise relative to the execution of the work or the interpretation of the contract, specifications and plans. Should the Owner's Representative fail to make such decision within a reasonable time, an appeal to arbitration may be taken as if his decision had been rendered against the party appealing. 15. SUPERINTENDENCE AND INSPECTION r' 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 r done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so r appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within six (6) days make written appeal to the Owner's Representative for his decision. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be bome by the Contractor. The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of his agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way effect the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of this contract, shall effect or modify any of the terms or obligations herein contained. 18. CHARACTER OF WORKMEN The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owners Representative shall inform him in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or disorderly, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Observer has previously accepted the work through oversight or otherwise. If any work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. R r If any work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approval, and any work which meets the requirements of any such tests or approval but does not meet the r requirements of the contract documents shall be considered defective. Such defective work shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under this agreement to make such inspections, tests, or approvals shall relieve the Contractor from his obligation to perform the work in accordance with the requirements of the contract. documents. 22. ' DEFECTS AND THEIR REMEDIES It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owners' Representative as unsuitable or not in conformity with r" plans, specification and contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at r Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they inCrease the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. i•" 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the �. Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's proposal, except as ` provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: P Method (A) - By agreed unit prices; or Method (B) By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the actual field cost of the work, plus fifteen (15%) per cent. i i, In the event said extra work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workmen's Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed wrath the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to arbitration as herein below provided. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of this contract that all work described in the proposal, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. If the Contractor finds any discrepancies or omissions in these plans, specifications, or contract documents, he should notify the Owners' Representative and obtain a clarification before the bids are received, and if no such request is received by the Owner's Representative prior to the opening of bids, then it shall be considered that the Contractor fully understands the work to be included and has provided sufficient sums in his proposal to complete the work in accordance with these plans and specifications. It is further understood that any request for clarification must be submitted no later than five days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. r^ 1 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 precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, his sureties,and insurance carriers shall defend, indemnify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or claims of any character whatsoever, brought for or on account of any injuries or damages received or sustained by any person or persons or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the execution and supervision of said contract, and the project which is the subject matter of this contract, on account of the failure of Contractor or any subcontractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment with costs which may be obtained against the Owner or any of its officers, agents, or employees including attorney's fees. The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as an Independent Contractor, inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of his duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of his subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. A. Comprehensive General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $500,000 Combined Single Limit in the aggregate and per occurrence to include: �. Premises and Operations f Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability TnA~—nAPnt rnntractnm rnvera¢e r" The City of.Lubbock agrees to accept an Owners and Contractors Protective at Liability policy in lieu of the additional insured requirements. / i I, B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. The Contractor shall obtain an Owner's Protective or Contingent Public Liability Insurance policy naming the City of Lubbock as insured and the amount of such policy shall be as follows: For bodily injuries, including accidental death and or property damage, $500.000 Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $500.000 Combined Single Limit, to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance The Contractor shall obtain a Builder's Risk policy in the amount of 100% of the total contract price (100% of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance The Contractor shall have Umbrella Liability Insurance in the amount of 1,000,000 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. Worker's Compensation and Employers Liability Insurance Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self - insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC- 84), showing statutory workers' compensation insurance coverage for the persons or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in 0406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. - This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/bcverage vendors, office supply deliveries, and delivery of portable toilets. 2. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. rw The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the contractor, anew certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. b The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. S. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification odes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) . provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of overage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the contractor: (1) a certificate of overage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of overage, prior to the end of the coverage period, if the overage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of overage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. II. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; f r° (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 5121440-3789 to receive information on the legal requirement for coverage, to verb whether your employer has provided the required coverage, or to report an employer's failure to provide coverage. " and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; r (iv) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than 15 employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and priviliges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any demands of subcontractors, laborers, workmen, mechanics, materialmen and f imishers of machinery and parts thereof, equipment, power tools, all suppliers, including commissary, incurred in the furtherance of the performance of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness. Any and all communications between any party under this paragraph must be in writing. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or Owner thereof. The Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner, provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harmless i from any loss on account thereof. If the material or process specified or required by Owner is an infringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner effect the contract or the work, and shall indemnify and save harmless the Owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners' Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, he shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. ASSIGNMENT AND SUBLETTING The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this contractual agreement. 34. TM E FOR COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract of work to be done hereunder are essential conditions of this contract, and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the Notice to Proceed. If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $100.00 (One Hundred) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every calendar day that the Contractor shall be in default after the time stipulated for completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic change and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sustain, and the amount is agreed to be damages the Owner would sustain and shall be retained by the Owner from current periodical estimates for payments or from final payment. It is further agreed and understood between the Contractor and Owner that time is of the essence of this contract. 35. T&M AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the proposals; provided, also, that when the Owner is having other work done, either by contract or by his own force, the Owner's Representative may direct the time and manner of constructing r 1-1 work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor proposes to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. EXTENSION OF 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, walkouts, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for an extension of time, submitting therewith all written justification as may be required by Owner's Representative for such an extension as requested by Contractor. The Owner's Representative within ten (10) days after receipt of a written request for an extension of time by the Contractor supported by all requested documentation shall then submit such written request to the City Council of the City of Lubbock for their consideration. Should the Contractor disagree with the action of City Council on granting an extension of time, such disagreement shall be settled by arbitration as hereinafter provided. 37. HINDRANCE AND DELAYS In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays in securing material or workmen or otherwise. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or 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 offered for the work. It is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the Owner against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the existence or character of the work. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by him and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment. Owner's Representative shall review said application for partial payment and the progress of the work made by the Contractor and if found to be in order shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month; said statement shall also include the value of all sound materials delivered on site of the work that are to be fabricated into the work. The Owner shall then pay the Contractor on or before the fifteenth 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 10- Owner's Representative and some unexpected and some unusual delay occurs due to no fault or negligence on the part of the Contractor, the Owner may upon written recommendation of Owner's Representative pay a reasonable and equitable portion of the retained percentage due Contractor. 43. FINAL COMPLETION AND ACCEPTANCE Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that the work has been completed or substantially completed, the Owner's Representative and the Owner shall inspect the work and within said time, if the work be found to be completed or substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor his certificate of completion, and thereupon it shall be the ,., duty of the Owner within thirty-one (31) days to issue a certificate of acceptance of the work to the Contractor, 44. FINAL PAYMENT r Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final measurement and prepare a final statement of the value of all work performed and materials furnished under the terms of the agreement, and shall certify same to the Owner, who shall pay to the Contractor on or before the 31 st day after the date of certificate of completion, the balance due Contractor under the terms of this agreement, provided he has fully performed his contractual obligations under the terms of this contract; and said payment shall become due in any event upon said performance by the Contractor. Neither the certificate of acceptance nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the special conditions (if any) of this contract or required in the specifications made a part of this contract. 45. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK Contractor shall promptly remove from Owners' premises all materials condemned by the Owner's Representative on account of failure to conform to the contract, whether actually incorporated in the work or not, and Contractor shall at his own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. 46. CORRECTION OF WORK AFTER FINAL PAYMENT Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of substantial completion. The Owner or the Owner's Representative shall give notice of observed defects with reasonable promptness. 47. PAYMENT WITHHELD The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of. (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. 48. TIME OF FILING CLAIMS It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) days after the Owner's Representative has given any directions, order or instruction to which the Contractor desires to take exception. The Owners' Representative shall reply to such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal from the decision of the Owner's Representative, any demand for arbitration shall be filed with the Owner's Representative and the Owner in writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any claim by either party, except where noted otherwise in the contract documents. 49. ABANDONMENT BY CONTRACTOR In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the orders of the Owner's Representative, when such orders are consistent with this contract, this Agreement, or the Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. r+ 6 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 r elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess to the Owner, or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. However, should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certificate of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies which remain on the •jobsite and belong to persons other than the Contractor or his Surety, to their proper owners. 50. ABANDONMENT BY OWNER r" In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools, and equipment, and all materials on the ground that have not been included in payments to the Contractor and have not been incorporated into the work. Thereupon, the Owner's Representative shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Contractor at the prices stated in the the attached proposal, the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor w 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 statutory bonds will not be required. All bonds, if required, shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. And it is further agreed that this contract shall not be in effect until such bonds are so furnished. 52. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 53. LOSSES FROM NATURAL CAUSES Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 54. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control his own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during his performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 55. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. No Text Resolution n2502 ` January 8, 1987 {� Agenda Item #18 - P 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 Tin 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 r" ..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 r- all public works contracts as provided by law. Passed by the City Council this 8th day of January 1987. i B.C. McMINN, MAYOR . iTE Ranett6,Boyd, City Secretary APPROVED T ONTENT: APPROVED AS TO FORM: AA Bi 1 Payne, 0 rector of Building Oo ld G. Vandiver, First �! Services Assistant City Attorney EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Craft dourly Rate Acoustical Ceiling Installer $11.60 Air Conditioner Installer 8.35 Air Conditioner Installer -Helper 5.50 _Bricklayer 10.50 Bricklayer -Helper 5.00 — Carpenter 11.00 Carpenter -Helper 5.50 Cement Finisher 7.35 Drywall Hanger - 8.70 Electrician 10.50 Electrician -Helper 5.25 Equipment Operator - Heavy 8.00 Light 5.70 Floor Installer 8.00 Glazier 7.50 Insulator, Piping/Boiler 9.50 Insulator -Helper 5.00 Iron Worker 7.30 Laborer, General 4.75 Mortar Mixer 5.60 Painter _ 8.75 Plumber 9.25 Plumber -Helper 6.00 Roofer 7.65 - Roofer -Helper 4.75 Sheet Metal Worker 8.75 Sheet Metal Worker -Helper 5.50 Welder - Certified 8.00 EXHIBIT 8 Paving and Highway Construction Prevailing Wage Rates Craft Asphalt Heaterman Asphalt Shoveler Concrete Finisher Concrete Finisher -Helper Electrician Flagger Form Setter Form Setter -Helper Laborer, General Laborer, Utility Mechanic Mechanic -Helper 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 Hourly Rate Power Line Foreman $11.00 Lineman Journeyman 10.45 Lineman Apprentice Series 8.90 Groundman Series 7.25 EXHIBIT D Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) is 1 1/2 times base rate. EXHIBIT E Prevailing Wage Rates Weekend and Holiday Rate The rate for weekend and holiday is.l 1/2 times base rate. u SPECIFICATIONS SPECIFICATIONS ADA COMPLIANCE - ELEVATORS CITY OF LUBBOCK LUBBOCK, TEXAS 79413 NOVEMBER 1994 TISDEL AND ASSOCIATES ARCHITECTS AND ENGINEERS 3416 JOLIET AVENUE LUBBOCK, TEXAS 79413 (806) 792-2824 TABLE OF CONTENTS PAGES DIVISION 14 CONVEYING SYSTEMS 14240 ELEVATORS..............................................................5 DIVISION 16 ELECTRICAL SYSTEMS 16100 ELECTRICAL..............................................................4 ELEVATORS Section 14.240 1.01 Related Documents page 1 A. The general provisions of the Contract, including General Conditions, Supplementary General Conditions, Special Conditions and General Requirements (Division I), apply to the work specified in the section. B. Related work noted in other sections of these specifications. r1. Installation of a dedicated phone line to the elevator control system for the two way communication system. 2. Installation of lobby and machine room smoke detectors and wiring to the equipment room for the Firefighter's Service Operation. 3. Relocation/Removal of the ashtrays which are mounted below �+ the hall stations in the Lubbock International Airport and Municipal Square (L P & L). 1.02 Summary A. The work in this section includes the following modifications to the existing elevators. 1. elevator controls and signals 2. emergency two way communication in the elevators 3. elevator Firefighter's Service 1.03 Submittals A. Submit product data for each component or product including certified test reports on required testing. Indicate capacities, sizes, performance and operating characteristics, features of control system, finishes, and similar information. B. Provide shop drawings showing location of new systems in relation to existing. C. Provide certificates and permits to the Owner with copies of all inspection/acceptance certificates and operating permits as required by governing authorities to allow normal, unrestricted use of the elevators. 1.04 Quality Assurance A. Installer Qualifications 1. Engage the elevator modifications manufacturers or an installer 14240-1 i' ELEVATORS page 2 Section 14.240 approved by the elevator manufacturer and who has completed elevator control installations similar in material, design and extent to the indicated for projects which have resulted in installations with a record of successful in-service performance. B. Regulatory Requirements _ 1. In addition to local governing regulations, comply with applicable requirements of ASME/ANSI A17.1, Safety Code for Elevators and Escalators (hereafter referred to as the "Code"), and state of Texas Program for the Elimination of Architectural Barriers, and the Americans with Disabilities Act Accessibility Guidelines. 1.05 Warranty A. Special Project Warranty 1. Provide special project warranty, signed by Contractor, Installer, and Manufacturer, agreeing to replace, repair, or restore defective materials and workmanship of elevator control work during warranty period. This warranty shall be in addition to, and not limited of, other rights the Owner may have against the Contractor under the Contract Documents. 2. Defective is hereby defined to include, but not by way of limitation, operation or control system failures, performances below require minimums, excessive wear, unusual deterioration or aging of material or finishes, unsafe conditions, the need of excessive maintenance, abnormal noise or vibration, and similar unusual, unexpected, and unsatisfactory conditions. 3. Warranty period is 12 months starting on the date of substantial completion. 2.01 Manufacturers A. Products to be provided by the following or approved equal. 1. Dover Elevator Company 2. Otis Elevator Company 2.02 Materials and Components A. Lubbock International Airport - two Dover elevators 1. Hall Stations: Replace the existing hall stations. The new stations will,allow for the proper mounting height of 42" 14240-2 I ELEVATORS Section 14.240 page 3 centerline above the finished floor (a.f.f.) of the pushbuttons. The stations will be #4 stainless steel and shall be of the type which do not require cutting and patching of the lobby walls. 2. Car Directional Lanterns: Install #4 stainless steel car direction lanterns mounted in the strike jamb. The East elevator requires one for the front entrance only. The West elevator requires two, one for the front entrance and one for the rear entrance. 3. Jamb Plates: Install #4 stainless steel jamb plates with raised floor markings in black and grade 2 braille. The plates shall be mounted ar a height of 60" centerline a.f.f. on each side of the entrance at each landing. The plates shall be permanently affixed with mechanical fasteners. 4. Car Stations: Install oversize #4 stainless steel car station faceplates.' The new faceplates will allow for proper mounting height and configuration of the devices. Reuse the existing devices with the exception of the emergency stop switch which will be replace with a keyed stop switch. The emergency devices will be grouped at the bottom of the stations. The new faceplates will include permanently affixed braille plates mounted to the left of the standard and emergency operating devices. The stations will also include and emergency light unit. 5. Floor Passing Signal: Perform the necessary wiring and circuitry changes and install the necessary hardware. to allow for the floor passing signals. 6. Emergency Communication System: Install a communication device which does not require voice activation. System will have visual signal of call being received and help on the way. System will automatically dial a preprogrammed number and will contain an emergency recording should voice communication not be initiated. The device will be #4 stainless steel and flush mounted in the car station. 7. Adjustment: Adjust the door and signal timing as required. 8_ Firefighter's Service Operation: Install Phase I and Phase II Firefighter's Service in accordance with code. B. Municipal Square (L P & L) - two Westinghouse elevator 1. Hall Stations: Replace the existing hall stations. The new ' stations will allow for the proper mounting height of 42" p centerline above the finished floor (a.f.f.) of the pushbuttons. The stations will be #4 stainless steel and shall be of the type r- which do not require cutting and patching of the lobby walls. 2. Car Directional Lanterns: Install #4 stainless steel car direction lanterns mounted in the strike Jambs. r 3. Jamb Plates: Install #4 stainless steel jamb plates with raised floor markings in black and grade 2 braille. The plates shall be mounted ar a height of 60" centerline a.f.f. on each side of the entrance at each landing. The plates shall be permanently affixed with mechanical fasteners. 4. Car Stations: Install oversize #4 stainless steel car stations r 14240-3 ELEVATORS Section 14.240 page 4 complete with new operating devices. The new stations will allow for the proper mounting heights of the devices. The new stations will include permanently affixed braille plates mounted to the left of the standard and emergency operating devices. The stations will also include an emergency light unit. 5. Floor Passing Signal: Perform the necessary wiring and circuitry changes and install the necessary hardware to allow for the floor passing signals. 6. Emergency Communication System: Install a con nication device which does not require voice activation. System will have visual signal of call being received and help on the way. System will automatically dial a preprogrammed number and will contain an emergency recording should voice communication not be initiated. The device will be #4 stainless steel and flush mounted in the car station. 7. Adjustment: Adjust the door and signal timing as required. 6. Firefighter's Service Operation: Install Phase I and Phase II Firefighter's Service in accordance with code. C. City Minicipal Building - one Otis elevator 1. Jamb Plates: Install #4 stainless steel jamb plates with raised floor markings in black and grade 2 braille. The plates shall be mounted ar a height of 60" centerline a.f.f. on each side of the entrance at each landing. The plates shall be permanently affixed with mechanical fasteners. 2. Floor Passing Signal: Perform the necessary wiring and circuitry changes and install the necessary hardware to allow for the floor passing signals and double hall gong in the down direction. 3. Car Station: Replace the existing car station floor designation plates with Braille plates with raised floor markings. 4. Emergency Communication System: Install a communication device which does not require voice activation. System will have visual signal of call being received and help on the way. System will automatically dial a -preprogrammed number and will contain an emergency recording should voice communication not be initiated. The device will be #4 stainless steel and flush mounted in the car station. 5. Adjustment: Adjust the door and signal timing as required. 3.01 Examination A. Prior to commencing elevator control installation, examine existing control panels as constructed; verify all dimensions and examine supporting structure and all other conditions under which elevator work is to be installed. Notify contractor in writing of any 14240-4 ►` ELEVATORS " Section 14.240 page 5 dimensional discrepancies or other conditions detrimental to the i proper installation or performance of elevator work. Ike not proceed with elevator control installation until unsatisfactory conditions have been corrected in a manner acceptable to the Installer. r I 3.02 Installation of Elevator Control System A. Comply with manufacturer's instructions and recommendations for work required during installation. 3.03 Protection A. At time of substantial completion of elevator work (or portion thereof), provide suitable protective coverings, barriers, devices, to protect elevator work from damage or deterioration. Maintain protective measures throughout remainder of construction period. 3.04 Demonstration A. Instruct Owner's personnel in proper use, operations, and daily maintenance of elevator. Review emergency provisions, including emergency access and procedures to be followed at time of failure in operation and other building emergencies. Train Owner's personnel in normal procedures to be followed in checking for sources of operational failures or malfunctions. B. Make a final check of elevator operation with Owner's personnel present and just prior to date of substantial completion. Determine that control systems and operating devices are functioning properly. End of Section 14240-5 SECTION 16100 - ELECTRICAL PART 1-GENERAL NOTE: Drawings and general provisions of Contract, including General and Supplementary Conditions and Division-1 Specification sections, apply to work of this section. SCOPE: The work shall include all labor and materials involved in providing and installing smoke detectors and interface wiring to the new elevator controls and related work as specified under section 14.240. CERTIFICATIONS: Submit a certification from the major equipment manufacturer indicating that the proposed supervisor of installation and the proposed performer of contract maintenance is an authorized representative of the major equipment manufacturer. Include names and addresses in the certification. GUARANTY: All work performed and all material and equipment furnished under this contract shall be free from defects and shall remain so for a period of at least one (1) year from the date of acceptance. APPLICABLE PUBLICATIONS: The publications listed below form a part of this specification. The publications are referenced in text by the basic designation only. National Fire Protection Association (NFPA) - USA: No. 70-90 National Electrical Code (NEC) No. 72-90 Protective Signaling Systems No. 72E-90 Automatic Fire Detectors No. 101-91 Life Safety Code Underwriters Laboratories Inca (UL) - USA: No. 268 Smoke Detectors for Fire Protective Signaling Systems, July 20, 1987 16100 - 1 Each device must have proper listing and/or approval from the nationally recognized agency responsible for the particular area. UL Underwriters Laboratories, Inc. FM Factory Mutual PART 2 - PRODUCTS CONDUIT AND WIRE: Conduit: 1. Conduit shall be in accordance with The. National Electrical Code (NEC), local and state requirements. 2. Conduit fill shall not exceed 40 percent of interior cross sectional area where three or more cables are contained within a single conduit. 3. Cable must be separated from any open conductors of Power, or Class 1 circuits, and shall not be placed in any conduit, junction box or raceway containing these conductors, as per NEC Article 760-29. 4. Conduit shall be 3/4 inch (19.1mm) minimum. 5. Conduit shall not enter the Fire Alarm Control Panel, or any other remotely mounted Control Panel equipment or backboxes, except where specified by the factory. Wire: 1. Wiring shall be in accordance with local, state and national codes (e.g., NEC Article 760) and as recommended by the manufacturer of the fire alarm system. Number and size of conductors shall be as recommended the fire alarm system manufacturer, but not less than 18 AWG (1.02 mm) for initiating device circuits and signaling line circuits. 2. Wire and cable not installed in conduit shall have a fire resistance rating suitable for the installation as indicated in NFPA 70 (e.g., FPLR). 3. All field wiring shall be completely supervised. Terminal Boxes, Junction Boxes and Cabinets: 1. All boxes and cabinets shall be UL listed for their purpose and use. 16100 - 2 PA Photoelectric Area Smoke Detectors: 1. Photoelectric smoke detectors shall be 24 VDC,two-wire, light scattering type using an LED light source. 2. Each detector shall contain a remote LED output and a built-in test switch. 3. Detector shall be provided on a twist -lock base. 4. It shall be possible to perform a calibrated sensitivity and performance test on the detector without the need for the generation of smoke. 5. A visual indication of an alarm shall be provided by dual latching Light Emitting Diodes (LEDs), on the detector, which may be seen from ground level over 360°. These LEDs shall flash every 10 seconds, indicating that power is applied to the detector. 6. The detector shall not alarm when exposed to air velocities of up to 3000 feet per minute. 7. The detector screen and cover assembly shall be easily removable for field cleaning of the detector chamber. 8. All field wire connections shall be made to the base through the use of a clamping plate and screw. 9. Each detector shall be provided with NO and NC auxillary contacts for interface with the elevator control system and with the existing fire alarm system. PART 3 - EXECUTION INSTALLATION: Installation shall be in accordance with the NEC, NFPA 72, local and state codes, as shown on the drawings, and as recommended by the major equipment manufacturer. All conduit, junction boxes, conduit supports and hangers shall be concealed in finished areas and may be exposed in unfinished areas. Smoke detectors shall not be installed prior to the system programming and test period. If construction is ongoing during this period, measures shall be taken to protect smoke detectors from contamination and physical damage. WORK DEFINITION 1. At each elevator location, install one smoke detector in the space directly in front of the elevator door on each floor that the elevator serves. Connect each smoke detector to the new elevator controls with #14 guage control wiring in 1/2" C. Verify exact C F 16100 - 3 control wiring requirements with the elevator manufacturer. 2. In each elevator equipment room, install one smoke detector in the ceiling space over the elevator equipment. Connect each smoke detector to the new elevator controls with #14 guage control wiring in 1/2" C. Verify exact control wiring requirements with the elevator manufacturer. 3. Provide control wiring in 1/2" C. from each lobby -smoke detector and each equipment room smoke detector to the nearest fire alarm initiating zone. Connect each detector to the zone so as to initiate the building fire alarm system upon detection of smoke. Provide all materials and labor necessary to make the connections to the existing fire alarm system. Verify the manufacturer and condition of the existing fire alarm systems at the jobsite prior to bid and include all materials and labor required to accomplish the work noted above. TEST: Provide the service of a competent, factory -trained engineer or technician authorized by the manufacturer of the fire alarm equipment to technically supervise and participate during all of the adjustments and tests for the existing systems. 1. Before energizing the cables and wires, check for correct connections and test for short circuits, ground faults, continuity, and insulation. 2. Open initiating device circuits and verify that the trouble signal actuates. 3. Open and short indicating appliance circuits and verify that the trouble signal actuates. 4. Ground initiating device circuits and verify response of trouble signals. 5. Check installation, supervision, and operation of smoke detectors. 6. Verify that each initiating device alarm signal is properly received and processed by the fire alarm control panel (Walk Test). 7. Conduct tests to verify trouble indications for common mode failures, such as alternating current power failure. Consult the manufacturer's manual for other common mode failures and conduct the described testing procedures. END OF SECTION 16100 16100 - 4 DRAWINGS ADA COMPLIANCE - ELEVATORS CITY OF LUBBOCK LUBBOCK, TEXAS NOVEMBER 1994 TISDEL AND ASSOCIATES ARCHITECTS AND ENGINEERS 3416 JOLIET AVENUE LUBBOCK, TEXAS 79413 (806) 792-2824 TABLE OF CONTENTS A-1 FLOOR PLANS LUBBOCK INTERNATIONAL AIRPORT A-2 FLOOR PLAN MUNICIPAL SQUARE -1015 9TH STREET A-3 FLOOR PLAN MUNICIPAL BUILDING -1625 13TH STREET i No Text �� � L._..� t _ _: L_.j t__._. L_.:_, L�� L_:�v tw L� L__: tw.� L.- L_._. L� t_,_: L� L®�... t� t SPECIAL COMMONS NOTICE OF ACCEPTANCE TO: The City of Lubbock, having considered the proposals submitted and opened on the day of 199for 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 199_ at the bid price contained therein, subject to the furnishing execution of and of all contract documents, bonds, certificates of insurance, and all other documents specified and required to be executed and furnished under the contract documents. It will be necessary for you to execute and furnish to the City of Lubbock all such documents within ten (10) days from your receipt of this Notice. The five percent (5%) bid security, submitted with your proposal, will be returned upon the execution of such contract documents and bonds within the above specified ten (10) day period. In the event you should fail to execute and furnish such contract documents and bonds within the time limit specified, said bid security will be retained by the City of Lubbock. CITY OF LUBBOCK Owner's Representative