Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Resolution - 4108A - Senior Citizen Centers HVAC Repairs - Bid 12470 - 03_25_1993
RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract by and between the City of Lubbock and Comfort Masters Heating & Air Conditioning, Inc., attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. l Passed by the City Council thik Z54h 4a'y of (- WjRe.ch,, ,-3,993. 1p ATTEST: etty o ns n, City Secretary A PROVED A TO CONTENT: VA Victor m n, Purchasing Manager APPROVED AS TQ FORM: 1 r upaia u. vanaiver, first ASsistan City Attorney DGV:dw/agenda-D1/C=fort.rea April 20, 1993 CITY OF LUBBOCK SPECIFICATIONS FOR HVAC REPAIRS AT VARIOUS SENIOR CITIZENS CENTERS BID # 12470 CITY OF LUBBOCK Lubbock, Texas s City of Lubbock P.O. Box 2000 Lubbock. Texas 7J457 606-767-2167 Office of Purchasing MAILED TO VENDOR: March 6, 1993 CLOSE: March 10, 1993 BID # 12470: HVAC REPAIRS AT VARIOUS SENIOR CITIZENS CENTERS ADDENDUM # 11 CORRECTED PLEASE NOTE THE FOLLOWING: Please modify or amend Contract Documents as follows: 1. The closing date has been changed to March 10, 1993, at 2:00 P.M. ZTK YOU L� Ron Shuffi d, Senior Buyer PLEASE RETURN ONE COPY WITH YOUR BID .7 T 7 BID PROPOSAL BID FOR LUMP SUM CONTRACTS PLACE DATE PROJECT NUMBER Proposal of (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called owner) Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of a 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 with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents, of which this proposal is to be a part, is as follows: MATERIALS: ($ ) SERVICES: (S ) TOTAL BID ITEM #1: (S ) (LUBBOCK SENIOR CITIZENS CENTER) (WRITTEN FORM) MATERIALS: (S ) SERVICES: (S ) TOTAL BID ITEM i12: (S ) (COPPER RAWLINGS SENIOR CITIZENS CENTER) (WRITTEN FORM) MATERIALS: (S ) SERVICES: (S ) TOTAL BID ITEM 93: (S ) - (MAXEY COMMUNITY CENTER) (WRITTEN FORM) MATERIALS: (S ) SERVICES: ($) TOTAL BID ITEM 94: (S ) (ARNETT BENSON SENIOR CITIZENS CENTER) (WRITTEN FORM) MATERIALS: (S ) SERVICES: (S ) TOTAL BID (ITEMS 1-4): (S ) (WRITTEN FORM) (Amount shall be shown in both words and figures. In case of discrepancy, the amount sham in words shall govern.) I- 7 Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the owner and to fully complete the project within 90 (Ninety) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $100.00 (One Hundred Dollars) for each consecutive calendar day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with instruction number 20 of the General Instructions to Bidders. Bidder understands that the owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days _ after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence .work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Enclosed with this proposal is a Cashier's Check or Certified Check for Dollars (S ) or a Proposal Bond in the sum of Dollars (S ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner _ and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bonc 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. Contractor BY: (Seal if Bidder is.a Corporation) ATTEST: _ Secretary CITY OF LUBBOCK SPECIFICATIONS for TITLE: HVAC REPAIRS AT VARIOUS SENIOR CITIZENS CENTERS ADDRESS: 2001 19TH STREET LUBBOCK, TEXAS BID NUMBER: 12470 PROJECT NUMBER: 1491-553107-9819 CONTRACT PREPARED BY: Purchasing Department -1- INDEX PAGE NOTICETO BIDDERS..........................................................................................3 GENERAL INSTRUCTIONS TO BIDDERS............................................................................5 910 PROPOSAL - BID FOR LUMP SW CONTRACTS.................................................................10 PAYMENT BOND..............................................................................................14 PERFORMANCE BOND..........................................................................................17 CERTIFICATEOF INSURANCE..................................................................................20 CONTRACT................................................................................... ............22 GENERALCONDITIONS OF THE AGREEMENT.......................................................................24 CURRENTWAGE DETERMINATIONS...............................................................................42 SPECIFICATIONS............................................................................................43 SPECIALCONDITIONS.......................................................... .............................44 NOTICEOF ACCEPTANCE......................................................................................45 -2- No Text r11 Oft NOTICE TO BIDDERS BID B 12470 Sealed proposals addressed to Ran 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 10th day of March. 1993. or as charged by the issuance of formal addenda to all planholders, to furnish all labor and mterials and perform all work for the construction of the following described project: NVAC REPAIRS AT VARIOUS SENIOR CITIZENS CENTERS After the expiration of the time and date above first written, said sealed proposals will be opened by the Buyer sit his office and publicly read aloud. It is the sole responsibility of the bidder to insure that his bid is actually in the office of Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written. The City of Lubbock will consider the bids on the 25th day of March. 1993, at Municipal Bldg., Lubbock, Texas, or as soon thereafter as my 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 band in accordance with Article 5160, Vernon's Am. 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 c t ompany carrying a current ftsl Rating of 11 or superior, as the rating of the bard 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 Li 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 sit necessary bonds (if required) within 10 days after notice of award of the contract to him. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. The plans, specifications, proposal forms and contract documents may be examined at the office of the Purchasing Manager for the City of Lubbock, Texas. 7 Attention of each bidder is particularly called to the schedule of general prevailing rate of per 4 diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Am. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. There will be a pre -bid conference on 25th day of February. 1993. of 10:00 o'clock a.m., Personnel Conference Room, 106, Municipal Bldg., 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. CITY F LUBBOC Ron Shuffield Senior Buyer ADVERTISEMENT FOR BIDS BID # 12470 Sealed proposals addressed to Ron Shuffield, Senior Buyer, City of Lubbock, Texas, will be received at the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401 until 2:00 o'clock p.m. on the 10th day of March. 1993, 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: NVAC REPAIRS AT VARIOUS SENIOR CITIZENS CENTERS After the expiration of the time and date above first written, said sealed proposals will be opened by the Buyer at his office and publicly read aloud. The plans, specifications, proposal forms and contract documents may be examined at the office of the Purchasing Manager for the City of Lubbock, Texas. Attention of each bidder is particularly called to the Schedule of General Prevailing Rate of Per Diem Wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, Texas. Each bidder's attention is further directed to the provisions of Article 5159a, Vernon's Am. 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 25th day of February, 1993, at 10:00 o1clock a.m., Personnel Conference Room, 108, Municipal Building, 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. "Shuff O��l Ron ield Senior Buyer f"" U — GENERAL INSTRUCTIONS TO BIDDERS -4- TGENERAL_ INSTRUCTIONS TO BIDDERS JCOPE OF WORK The work to be done under the contract documents shall consist of the following: MVAC renovations a four recreation centers. The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with contract documents. t 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. k 3. PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an Interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. 4. TIME AND ORDER FOR COMPLETION The construction covered by the contract documents shall be fully completed within 90 (ninety) calendar days from the date specified In the Notice to Proceed issued by the City of Lubbock to the successful bidder. The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires s progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City nay 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 the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 7. MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project. B. 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. -6- R 7 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 17 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 7 of all such underground lines and utilities of which it has knowledge. Nowever, 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 l shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The 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 nThe use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. Explosive materials shall not be stored or kept at the construction site by the Contractor. In all cases where explosives are to be used during the construction of the project contemplated by this contract, It shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) In proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 15. CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the now, address and telephone number where such local representative may 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 now the City as an additional Insured and shall further state that all subcontractors are named as additional insureds, or in the alternative, shall be accoapanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. .7. 17. LABOR AND WORKING HOURS Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages Included in these contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations 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 Lubbockis ability to provide the necessary service to its citizens. (2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. Before construction work requiring an inspector it to be performed on weekends or holidays, the Contractor must notify the Ownerls 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 Owners 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. 1s. 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. 4- R 20. PREPARATION FOR PROPOSAL pp The bidder shall submit his proposal on forms furnished by the City. All blank spaces in the form shall be t, correctly filled in and the bidder shall state the price both in words and numerals, for which he proposes to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, .� or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each mdn. r 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 1 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 shatt 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 mariner: (a) Bidder's name (b) Proposal for (description of the project). Bid proposals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no proposal may be withdrawn or altered thereafter. 21. BOUND COPY OF CONTRACT DOCUMENTS 1 � rBidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: l (a) Notice to Bidders. (b) General Instructions to Bidders. CO Bidder's Proposal. (d) Statutory Bond (if required). (e) Contract Agreement. If) General Conditions. (g) Special Conditions (if any). (h) Specifications. CO Insurance Certificates. (j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 7 0 F 11 BID PROPOSAL BID FOR LUMP Still CONTRACTS PLACE DATE 3-10-1993 PROJECT NUMBER 12470 Proposal of Comfort Masters Heating & A/(`,Tnr (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubboek, Texas (hereinafter called Owner) Gentlemen: The Bidder, In compliance with your invitation for bids for the construction of a - HVAC replacements 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 with the plans, specifications and contract documents, within the time set•forth therein and at the price stated below. The price to coverall expenses incurred in performing the work required under the contract documents, of which this proposal is to be a part, is as follows: a IDITERIALS: (S 2.4,783.00 -J'ti%1uucuJ't SERVICES: (S 1,220.0 I TOTAL BID ITEM #1: (S 26 , 003.0 ' )'t , `" ••,'� �'<< (RTUS-LUBBOCK SENIOR CITIZENS CENTER) (WRITTEN FORM) twenty six thousand three and no/100 r' KATERIALS: (s 8, 286.00'• ) r SERVICES: (S 600 .00 TOTAL BID ITEM 92: (RTUS-COPPER RAWLINGS SENIOR CITIZENS CENTER) (S 8,886.00 (WRITTEN FORM) Eight thousand eight hundred eighty six and no/100 MATERIALS: (S 8 , 656 - 00 ) E SERVICES: (S 450 - 00 ) TOTAL BID ITEM 03: (S 9 , 106 - 00 ) (RTUS-KMY COMMUNITY CENTER) n� I. (WRITTEN FORM) Nine thousand one hundred six and no/100 MATERIALS: (S 5 , 278 - 00 ) SERVICES: (S 600.00 ) TOTAL BID ITEM 94: (S 5,878..00 ) (RTUS-ARNETT BERSON SENIOR CITIZENS CENTER) (WRITTEN FORM) Five thousandeight hundred seventy eight and no/100 (Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.) Er. -11- Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the owner and to fully complete the project within 60 (Sixty) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated - damages the sun of 91OO.00 (One Hundred Dollars) for each consecutive calendar day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid proposal shall be ccapleted and submitted in accordance with instruct n number 20 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the -- bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days — after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to ccnmenc— work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he a: bid; as provided in the contract documents. Enclosed with this proposal is a Cashier's Check or Certified Check for Doll s (S ) or a Proposal Bond in the sum of $2 , 493 . 65 Dollars (S ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the owner within ten (10) days after _the date of receipt of written notification of acceptance of said proposal; otherwise, said check or t n< shall be returned-i the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract document,s.=da,available to him for his inspection in accordance with the Notice to Bidders. r•! , r'' �,t ', aCt, s Glenn Davis,President (Seal if Bidder is a Corporation) ^ ATTEST:. ........... v � Secretary Note :Existing curbs will be utilized. _ Total #1-4. Materials: Fourty seven thousand three and no/100 ($47,003.00). Service: Two thousand eight hundred seventy and no/100($2,870.0( Total:Fourty nine thousand eight hundred seventy three and no/100($49,873.d`. -12- LIST OF SUBCONTRACTORS This form shall be completed and submitted with the Bidder's Proposal. aI �• Heindrecks Electric 2. 3. L 4. S. 6. , ( 7. 8. 9. 10. tl I -13- Minority Owned Yes No t"- THIS PAGE -LEFT BLANK INTENTIONALLY PAYMENT BOND -14- F 7 PAGE ONE OF TWO PAGES AMWEST SURETY INSURANCE COMPANY WOODLAND HILLS, CALIFORNIA BOND NO. 014000446 PREMIUM $1,496.00 Premium included in performance bone PAYMENT BOND Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): COMFORT MASTERS HEATING & AIR CONDITIONING, INC. P.O. BOX 93452 LUBBOCK, TX 79452 OWNER (Name and Address): CITY OF LUBBOCK P. O. BOX 2000 LUBBOCK, TX 79417 SURETY (Name and Principal Place of Business): AMWEST SURETY INSURANCE COMPANY RENAISSANCE PLAZA, 70 N.E. LOOP 410, SUITE 450 SAN ANTONIO, TX 78216 CONSTRUCTION CONTRACT Date: March 26, 1993 Contract Number: Amount: Forty Nine Thousand Eight Hundred Seventy Three and 00/100 Dollars ($49,873.00). Description (Name and Location): UPGRADE OF HEATING & AIR CONDITIONING EQUIPMENT LUBBOCK COUNTY, LUBBOCK, TEXAS BOND Amount: Forty Nine Thousand Eight Hundred Seventy Three and 00/100 Dollars ($49,873.00). Signed, sealed and dated this 22nd day of MARCH, 1993. BOND CHECK BEST RATING 14 LICENSED IN TEXAS DATE BY 2=� COMFORT MASTERS HEATING & AIR CONDITIONING, IN( Principal By: Signature of Principal AMWEST SURETY INSURANCE COMPANY BECKY LAWSON Attorney -in -Fact By: Signature of Attorney -in -Fact 7,4 UN-A3002 12l91 PAGE TWO OF TWO PAGES F AMWEST SURETY INSURANCE COMPANY Payment Bond BOND NO. 014000445 ^ 1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2. With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from all claims, demands, liens or suits by any person or entity whose labor, materials or equipment were furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 11) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety at P.O. Box 4500, Woodland Hills, California 91365-4500 and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. �r 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claims stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not leaving been paid within the above 30 days, have sent a written notice to the Surety at P.O. Box 4500, Woodland Hills, California 91365-4500 and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5. If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made !' in good faith by the Surety. 7. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, 0 any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of ttt the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the complation of the work. 8. The Surety shall riot be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction. Contract_ The Owner shall not be liable to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this �JI Bond. 9. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 10. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of six months from the date (1) on which the claimant gave the notice required by Paragraph 4.1 or Clause 4.2.3 or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If fhe provisions of this Paragraph are void or prohibited by taw, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 11. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address specified or shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 12. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be perfored, any provision in this Bond conflicting with said statutory or legal requirement shall be deermed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. 13. Upon request by any person or entity appearing to be a potential, beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 14. DEFINITIONS 14.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "Labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 14.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 14.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. FA UN-A3002 12/91 ■ O� !U VIER.. 11E I 1r" `IC :71'CTISn -�i FBI yr71 R714aT. �� 7iJ t�'i�L]©©®�l®©®®©©®®Cr]©C� rt U tt � it u f�Lgl � ©Cn�©C�l❑n Cn]�CG BOND NUMBER POWER NUMBER 014000445 0 0 0 214 9 0 8 NCT VALIC FCR BOND —70 EXE'�UTEC ON UR AFT 3-15-94 This document is printed on multi -colored security paper with black and red ink, with border in blue ink and bears the raised seal of Amwest Surety Insurance Company (the "Company"). Only unaltered originals of this Power of Attorney are valid. This Power of Attorney is valid solely in connection with the execution and delivery of the bond noted above and may not be used in conjunction with any other power of attorney. No representations or warranties regarding this Power of Attorney may be made by any person. This Power of Attorney is governed by the laws of the State of California. Any power of attorney used in connection with any bond issued by the Company must be on this form and no other form shall have force or effect. KNOW ALL MEN BY THESE PRESENTS, that Amwest Surety Insurance Company, a California corporation (the "Company"), does hereby make, constitute and appoint: BECKY LAWSON AS AN EMPLOYEE OF AMWFST SUETY INSURANCE CCMPANY its true and lawful Attorney -in -Fact, with limited power and authority for and on behalf of the Company as surety, to execute, deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings, recognizances or other written obligations in the nature thereof as follows: Enid Bonds up to $YY1,000,000.00 Contract (Performance & Payment), Court, Subaivi•sion $MY1,000,000. License & Permit Bonds up to $1--1,000,000.00 Hscellaneous bonds up to $YY1,000,000.00 Strap business Administration Guaranteed Bonds up to $**1,250,000. and to bind the Company thereby. This appointment is made under and by authority of the By -Laws of the Company, which are now in full force and effect. CERTIFICATE I, the undersigned secretary of Amwest Surety Insurance Company, a California corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors set forth on the reverse, and that the relevant provisions of the By -Laws of the Company, are now in full force and effect. >igned and sealed at SAN ANTONIO, TEXAS this 221MD day of Karen G. Cohen, Secretary�� MARCH 19 93 00 00214908 — 70 9 :>• •aSv",r;.3,d.... :., ., .-,eA,�b� a,„. Resolutions of the Board of Directors a.s,. .,: . �, p:�,_,,,r.• I� T This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Amwest Surety Insurance Company at a niccting duly held on Dcccmher 15, 1975: RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -in - fact or agent and revoke any power of attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company: (i) when signed by the President or any Vice President and attested and sealed (if a seal be required) by any Secretary or Assistant Secretary; or (ii) when signed by the President or any Vice President or Secretary or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney -in -fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attomeys-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, Amwest Surety Insurance Company has caused these presents to be signed by its proper officers, and its corporate seal to be hereunto affixed this 1st day of December, 1990. \ �.,%,a,nuuu,,, ... URgy%,,. .'PpOq •• c J: O q •.F MAy I =y IW3 %�La C9lIFORN�P STATE OF CALIFORNIA, COUNTY OF LOS ANGELES cam/ lt�7. John E. Savage,A resident Karen G. Cohen, Secretary On this 1st day of December, 1990, personally came before me John E. Savage and Karen G. Cohen, to me known to be the individuals and officers of Amwest Surety Insurance Company, who executed the above instrument, and they have acknowledged the execution of the same, and being by me duly sworn, did severally depose and say that they are the said officers of the corporation aforesaid and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the Board of Directors of said corporation. OFFICIAL SEAL ANA S. IAMUDIO-SOUS Notary PubBC-CdfomIa ® OS t7AlOFFICE IN LA6 ANG£tES COt1tJM My Corrurfsckxt Emko �..._ Octobor 22, 1993 Ana l3. nudio-Solis, Notary Public Restrictions and Endorsements wxc=wubd2 F PERFORMANCE BOND -17- F 7 11 r PAGE ONE OF TWO PAGES AMWEST SURETY INSURANCE COMPANY WOODLAND HILLS, CALIFORNIA r BOND NO. 014000445 PREMIUM $1,496.00 Premium based on final contract price. PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): COMFORT MASTERS HEATING & AIR CONDITIONING, INC. P.O. BOX 93452 LUBBOCK, TX 79452 OWNER (Name and Address): CITY OF LUBBOCK P. O. BOX 2000 LUBBOCK, TX 79417 SURETY (Name and Principal Place of Business): AMWEST SURETY INSURANCE COMPANY RENAISSANCE PLAZA, 70 N.E. LOOP 410, SUITE 450 SAN ANTONIO, TX 78216 CONSTRUCTION CONTRACT Date: March 26. 1993 Contract Number: Amount: Forty Nine Thousand Eight Hundred Seventy Three and 00/100 Dollars ($49,873.00). Description (Name and Location): UPGRADE OF HEATING & AIR CONDITIONING EQUIPMENT LUBBOCK COUNTY, LUBBOCK, TEXAS BOND Amount: Forty Nine Thousand Eight Hundred Seventy Three and 00/100 Dollars ($49,873.00). Signed, sealed and dated this 22nd day of MARCH, 1993. BOND CHECK BEST RATING LICENSED IN TEXAS DATE N 1 BY COMFORT MASTERS HEATING & AIR CONDITIONING, INi Principal By: a Signature of Principal AMWEST SURETY INSURANCE COMPANY BECKY LAWSON Attorney -in -Fact By: Signature of Attorney -in -Fact Aft UN-A3001 12191 PAGE TWO OF TWO PAGES /AAMIWEST SURETY INSURANCE COMPANY m= BOND NO. 01400tM45 Performance Bond 1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. n 2. It the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to i I participate in conferences as provided in Subparagraph 3.1, 3. If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contract Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract but such an agreement shall not waive the Owner's right, d any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4. After the Owner has declared Contractor in default and has satisfied the conditions of Paragraph 3, and the Surety has conducted its own prompt and reasonable investigation as to whether or not the Contractor's default has actually occurred, the Surety may at its own option elect one or more of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contra,-t for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the Contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting Irom the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which 4 may be liable to the Owner and as soon as practicable after the amount is determined, tender payment therefor to the Owner, or .2 Deny liability in whole or in part and notify the Owner citing reasons therefore. 5. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6. After the Owner has terminated the Contractor's right to complete the Construction Contract, and it the Surety elects to act under Subparagraph 4.1, 4.2, or 4-3 above, then the responsibilites of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; and 6.2 Liquidated damages, or ft no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shalt accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. S. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within six months after Contractor Default or within six months after the Contractor ceased working or within six months after the Surety refused or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or other legal requirement shall be deemed incorporated herein. 12. DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, or reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. r 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract L Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by ft FO% Construction Contract or to perform and complete or comply with the other forms hereol. 2 UN-A3001 12191 CERTIFICATE OF INSURANCE -20- m .. c�#.�,�`;s�8.. �-+r-3rA�����: /'4 �-���• ` � ��-�� ' fix..�'�E� �r �, :& xM7� �, .....: s...,. A�U�i�teF V►A �' F yt�Il/'il�l��@ �s ATE (MM/oo/Yr)° ��.:„ � v� 141 5N'... ;sju 04-07-93 _ � i� . �oOUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE GOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE QUISENBERRY & ASSOCIATES INC POLICIES BELOW, 601 66TH STREET SUITE B COMPANIES AFFORDING COVERAGE �UBBOCK TX 79414-4898 COMPANY A COMMERCIAL UNION INSURANCE COMPANY LETTER COMPANY B LIBERTY MUTUAL INSURANCE COMPANY LETTER , OCOMPAN MFORT MASTER HEATING AND L ETTERYC EMPLOYERS FIRE INSURANCE COMPANY LETTER kIR CONDITIONING, INC. �_ _ __� ..�..� ._._ __ ____ .__... _.__.. ____.. ___,_.__.._...._._ PO BOX 93452 LETTER COMPANY D LUBBOCK TX 7 9 4 9 3 - 3 4 5 2 � COMPANY E i�l LETTER 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 INSURANCE POLICYNUMBERDATE } POLICY EFFECTIVE -POLICY EXPIRATION (MM/DD/YY) DATE (MM/DDrM LIMITS GENERAL LIABILITY ; ; GENERAL AGGREGATE I t 1 A X COMMERCIAL GENERAL LIABILITY j PRODUCTS-CAMP/OP AGG S 1.0 0 0, 0 0 0__ _?CLAIMS MADE X jOCCUR. CRR107016 OWNER'S & CONTRACTOR'S PROT. <10-01-92 10-01-93 PERSONAL&ADv.INJURY� s 500,000_. EACH OCCURRENCE ,FIRE DAMAGE (Any one firs) S 5 MED. EXPENSE (Any one person) t 5.000. AUTOMOBILE LIABILITY T. ANY AUTO •; COM13INED SINGLE i LIMIT i t' 500,000 j I ALL OWNED AUTOS ilj ;BODILY INJURY �! t ;X !SCHEDULED Auros FRAB 4 6 4 9 8 +0 3 —17 — 9 3 0 3 —17 — 9 4 (Par person) _...___.._...._..,_...___......___.,,...._._..:.., .._ ... _...._ HIRED AUTOS - BODILY INJURY t ' NON•OWNED AUTOS j ; ( � Par accident) GARAGE LIABILITY j ? PROPERTY DAMAGE '11 1 EXCESS LIABILITY i 1 ;EACH OCCURRENCE t 911.0 00.1 0 0 0._. A X UMBRELLA FORM CRDZ42261 04-01-9304-01-84=�`� iq AGGREGATE 0 0..0 0.0 OTHER THAN UMBRELLA FORM i w WORKER'S COMPENSATION j STATUTORY LIMITS .---.. _._._---. B AND WC1-59F406380-011 EACH ACCIDENT _ •! t 1.0.0-, .00.0.� 110-03-92 110-03-93 j-DISEASE—POLICY EMPLOYERS' LIABILITY LIMIT js�y 00,000- _ ._.___....._.._..._-----..__.....................__. DISEASE —EACH EMPLOYEE 5 OTHER' A' BUILDERS RISK CRU54888 04-01-93 07-01-93 $50,000. DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS r JOB: CITY OF LUBBOCK -. HVAC REPAIRS AT FOUR (4) SENIOR CITIZENS CENTERS. (._CITY OF LUBBOCK NAMED AS ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKERS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF LUBBOCK R EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO PO BOX 2000 MAIL .1 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LUBBOCK TX 79417 = LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. ACHN111e QUISENBERRY & ASSOCIATES, INC. 4601 66TH STREET SUITE B LUBBOCK TX 79414 VSUREO CITY OF LUBBOCK PO BOX 2000 LUBBOCK TX 79457 04-07-93 CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE I COMPANY A LETTER COMMERCIAL UNION INSURANCE COMPANY COMPANY B LETTER COMPANY `► LETTER COMPANY D LETTER COMPANY E d LETTER , 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 REOUIREMENT, 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. ` TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR ; DATE (MMIDD" `. DATE (MMIDDIYY) T ! GENERAL LIABILITY ! GENERAL AGGREGATE i 1 COMMERCIAL GENERAL LIABILITY PRODUCTS COMP/OP AGG. i CLAIMS MADEOCCUR.' PERSONAL R ADV. INJURY > i TZ� X OWNER'S &CONTRACTOR'S PROT, CRC53721 4-1-93 7-1-93 EACH OCCURRENCE i 600 000 I _..,,., ._. FIRE DAMAGE (Any one }Ire) MED. EXPENSE (Any one person) i AUTOMOBILE LIABILITY ;COMBINED SINGLE ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY i SCHEDULED AUTOS (Per PeraOn) . .. ....... . .. ; HIRED AUTOS � BODILY... J IN URY i l NON -OWNED AUTOS (Per accident) GARAGELIABILITY -----._...._. _......_.._.._ ____...._.._.._..._........._......_...__..._.._.__ - PROPERTY DAMAGE i <. `EXCESS LIABILITY EACH OCCURRENCE - i�.__.___� UMBRELLA FORM AGGREGATE µ i OTHER THAN UMBRELLA FORM • WORKER'S COMPENSATION STATUTORY LIMITS j EACH ACCIDENT S AND DISEASE —POLICY LIMIT i EMPLOYERS' LIABILITY 7. DISEASE —EACH EMPLOYEE i OTHEFr' r DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/SPECIAL ITEMS .,JOB: HVAC REPAIRS AT FOUR (4) SENIOR CITIZENS CENTERS. CERTIFICATE- OER. PANCELLAO �.,. :A � SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF LUBBOCK EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO PO BOX 2000 MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LUBBOCK TX 79457 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AU"ZE9�REPRESEIgTATIVE f • r u r N N i Ll STATE OF TEXAS I r F CONTRACT COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 25th day of March, 1993, 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 COMFORT MASTERS HEATING AND AIR CONDITIONING, INC. of the City of LUBBOCK, County of LUBBOCK and the State of TEXAS, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID 9 12470 - HVAC REPAIRS AT VARIOUS SENIOR CITIZENS CENTERS IN THE AMOUNT OF $49,873.00 and all extra work a in connection therewith, underthe terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to -pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. .0,.•----� IN WITNESS WHEREOF, the parties to these presents year and day first above written. ATTEST: Secretary A RO D AS T ONTENT G APPROVED AS TO FORM: ATTEST: — : Corporate Secretary Lubbock -County, Texas in the COMFORT MASTERS HEATING AND AIR CONDITIONING INC-. By: TITLE:';�' COMPLETE ADDRESS: P.O. BOX 93452 LUBBOM TX 79493-3452 38 THIS PAGE LEFT BLANK INTENTIONALLY GENERAL CONDITIONS OF THE AGREEMENT -24- 7 GENERAL CONDITIONS OF THE AGREEMENT 7 1. OWNER whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shalt be understood to mean the person, persons, copartnership or corporation, to -wit: COMFORT MASTERS HEATING AND AIR CONDITIONING, INC. 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 CARLOS VIGIL, PARK DEVELOPMENT SUPERVISOR, City 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, s inspectors will act for the Owner under the direction of Owner's g supervisor or Representative, but shall not directly supervise the Contractor or men acting in behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract documents shall consist of the Notice to Bidders, General Instructions to Bidders, Proposal, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for his ^, inspection in accordance with the Notice to Bidders. 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," 'besignated," "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," T "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. whenever in the Specifications or drawings accompanying this agreement, the terms of description of various qualities relative to finish, workmanship, or other qualities of similar kind which cannot, from their nature, be specifically and clearly described and specified, but are necessarily described in general terms, the fulfillment of which must depend on individual judgment, then, in all such cases, any question of the fulfillment of said F Specifications shall be decided by the Owner's Representative, and said work shalt be done in accordance with his interpretations of the meaning of the words, terms, or clauses defining the character of the work. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 7. WRITTEN NOTICE E 42 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 wham it is intended, or if delivered at or sent certified mail to the last business address known to him who gives the notice. 8. WORK Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense to him and he shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress of quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. He will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will he be responsible for the construction means, methods, techniques, sequences or procedures, or the safety ^ precautions incident thereto. His efforts will be directed towards providing.assurances for the Owner that the completed project will conform to the requirements of the contract documents, but he will not be responsible for the_ Contractor's failure to perform the work in accordance with the Contract Documents. On the basis of his onsite observations, he will keep the owner informed of the progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of the Contractor. 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend his work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him, his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's � presentative at Contractor's expense. 14. OWER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the owner's Representative shall review all work included herein. He has the authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and disputes and to discourage litigation, it is further agreed that the Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under this contract. Me shall determine all questions in relation to said work and the construction thereof, and sheill, 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 shell 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 ma), 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. $l1PERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorised to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem r' proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper '., inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and Instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within six (6) days make written appeal to the Owner's Representative for his decision. 16. CO►1TRACTOR'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 att 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 eomptetton, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of his agents or employees, or any other persons performing any of the work. -z7- 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way effect the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of this contract, shall effect or modify any of the terms or obligations herein contained. 18. CHARACTER OF WORKMEN The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform him in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or disorderly, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, ahall 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. -28- 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 alt such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approval, and any work which meets the requirements of any such tests or approval but does not meet the requirements of the contract documents shall be considered defective. Such defective work shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, cr approvals made by owner, Owner's Representative, or other persons authorized under this agreement to make such inspections, tests, or t 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 In further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owners' Representative as unsuitable or not in conformity with plans, specification and contract documents, the Contractor shall, after receipt of written notice thereof from the owner's Representative, forthwith remove such material and rebuild air otherwise remedy such work so that it chap be in full accordance with this contract. It is further agreed that any remedial action contemplated 1 as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS iI 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 j^ before or after the beginning of the construction, without affecting the validity of this contract and the l 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 York. 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 to used, and for any actual toss occasioned by such Mange, due to actual expenses incurred in preparation for the work as originally ptenned. 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 l by the Owner or Owner's Representative to be done by the Contractor to accomplish any Mange, 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 r'! presented with a written work order signed by the Owner's Representative; subject, however, to the right of the i 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 dcrtermined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (9) 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. .29- 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 taw 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 avaitable 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 Schedute 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 Contractorls 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 with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to arbitration as herein below provided. 25. DISCREPANCIES AND OMISSIONS 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 then 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 r 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 shell 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. -30. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE P6i;LIC The Contractor shell 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 empty 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 shell ccmply 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 wHanual of Accident Prevention in Constructiei" 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 attorneys 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 emissions 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. i 28. CONTRACTORIS INSURANCE The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. 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 providtd covering the operation of each subcontractor. A. Comprehensive General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $300.000 Bodily Injury and $300,000 Property Damage per occurrence to include: Pranises and Operations Explosion L Collapse Hazard Underground Damage Hazard Products S Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury (with exclusion "c" waived) The City 1s to be named as an additional insured on this policy for this specific job, and copy of the endorsement doing to is to be attached to the Certificate of Insurance. f B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. The Contractor shall obtain an Owner's Protective or Contingent Public Liability Insurance policy naming the City of Lubbock as insured and the amount of such policy shall be as follows For bodily injuries, including accidental death, $500,000 per occurrence, and $100.000 for Property Damage. C. Comprehensive Automobile Liability,Insurance_ The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury $250/500,000 Property Damage $100,000 to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance The Contractor shall obtain a Builder's Risk policy in the amount of (100% of potential loss) naming the City of Lubbock as insured. E. Excess or Umbrella Liability Insurance The Contractor shall have Excess or Umbrella Liability Insurance in the amount of (S1,000,000 minimum) with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of insurance. F. Yorker's Compensation and Employers Liability Insurance As required by State statute covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least S100,000 limit. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized 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. -32- f i (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. 29. DISABLED EMPLOYEES Contractors having more than 15 employees agree to comply with the Americans with Disabilities Act of 1990, and y 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 r compensation, job training, and other terms, conditions, and priviliges of employment. �I 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERiALMEN, AND FURNISHERS OF MACHINERY, EOUiPMENT 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, mmaterialmen and furnishers of machinery and parts thereof, equipment, power tools, all suppliers, including commissary, incurred in the furtherance of the performance of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, r.. withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may I apply the sum so withheld to discharge any such indebtedness. l 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 agreenx.nt with the Patentee or Owner thereof. The Contractor shall defend sit 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, r then Contractor shall indemnify and save Owner harmless 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. LAYS AND ORDINANCES r 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 s 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 n 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 p!rforms any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, he r., shall bear all costs arising therefrom. j [ -33. The owner is a mmicipaC 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 performnce of this contract, shall not relieve the Contractor from his full obligations to the owner, as provided by this contractualagreement. 34. TIME FOR COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract of work to be done hereunder 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. 11 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 9100.00 (One Hundred Dollars) 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 Contractorandthe 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 shalt be retained by the Owner from current periodical estimates for payments or from final payment. It is further agreed and understood between the Contractor and Owner that time is of the essence of this contract. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor - shall be allowed to prosecute his work at such time,and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the proposals; provided, also, that when the Owner is having other work done, either by contract or by his own force, the Owner's Representative may direct the time and manner of constructing work done under this contract to that conflicts will be avoided and the construction of the various works being 'done for the Owner shall be harmonized. The Contractor shalt 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. -34- i 36. €XTENSION OF TIME elm 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 totality, 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 Chaser 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 Owneres 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 y granting an extension of time, such disagreement shall be settled by arbitration as hereinafter provided. r. 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 r 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 Owners Representative that is caused by.such stoppage shalt 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 V' The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way r„ 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 indemnnity, 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. -35- 40. PRICE FOR WORK In consideration of the furnishing of all necessary tabor, equipment and material and the completion ofall.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 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. -36- Upon the Issuance of the certificate of completion, the Owner's Representative shall proceed to make final measurement and prepare a final statenent 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 31st day after the date of certificate of completion, the balance due Contractor under the terms of this agreement, provided l 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 a.• 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 r within a reasonable time after a written notice by the Owner or the owner's Representative, Owner may remove and 1 replace it at Contractor's expense. r46. 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 r' 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: i, (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Failure of the Contractor to sake 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 1= 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 0 5) 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 (W) days after the q 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. r .37- 49. ARBITRATION All questions of dispute under this agreement shalt be submitted to arbitration at the request of either party to the dispute. The parties may agree upon one arbitrator, otherwise, there shall be three; one named in writing by each party and the third chosen by the two arbiters selected; or if the arbiters fail to select a third within ten (10) days, he shall be chosen by the District Judge, 72nd Judicial District of Texas. Each arbiter shall be a resident of the City of Lubbock. Should the party demanding arbitration fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the decision of the Owner's Representative shall be final and binding on him. Should the other party fail to choose an arbiter within ten (10) days, the Owners Representative shall appoint such arbiter. Should either party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the arbiters are empowered by both parties to take Ex Parte Proceedings. The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract, unless either or both parties shall appeal within ten (10) days from date of the award by the arbiters, and it is hereby agreed that each party shall have the right of appeal "and all proceedings shall be according to and governed by Arbitration Statutes of Texas, being Article 224, at seq., Vernon's Annotated Cfvil Statutes. THE DECISION OF THE ARBITERS UPON ANY QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT SHALL BE A CONDITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION. The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sustained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The arbiters shall fix their own compensation, unless otherwise provided by agreement, and shall assess the costs and charges of the arbitration upon either or both parties. The award of the arbiters must be made in writing and shall not be open to objection on account of the form of proceedings or award. 50. 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 Owners 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 York, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as. said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess to the Owner; or -38- j� f I (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 i of the work under substantially the same terms and conditions which are provided in this contract. In case l 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 l which would have been the cost to complete the work under this contract, the Contractor or his surety shall be credited therewith. 7 When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and 1 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 Ownerls Representative as being correct shall f"" 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 wilt 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. 51. ABANDONMENT BT OWNER 4: in case the owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with r said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or 1 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. r. Thereupon, the Owner's Representative shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of sit 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 to carry the whole work to completion, and which cannot l 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 suns 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. •39. 52. 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. 53. 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. 54. BOSSES 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. 55. 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. 56. 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. .40- f i P i i CURRENT WAGE DETERMINATIONS ;r DGV:da RESOLUTION Resolution #2502 January 8, 1987 Agenda Item #18 WHEREAS, the City Council has heretofore established the general prevailing rate of per diem wages for each craft or type of workmen or mechanics needed to execute public works contracts for the City of Lubbock in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and WHEREAS, such wage rates were established by Resolution No. 719 enacted February 12, 1981, updated by Resolution No. 1590 enacted February ,• 23, 1984; and WHEREAS, such rates need to be updated at the present time in order to reflect the current prevailing rate of per diem wages; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the general prevailing rate of per diem wages for public works contracts shall be as set forth in the following named exhibits, which exhibits shall be attached hereto and made a part hereof for all intents and purposes: Exhibit .A: Building Construction Trades Exhibit B: Paving and Highway Construction Trades Exhibit C: Electrical Trades Exhibit D: Overtime Rate Exhibit E: Weekend and Holiday Rate Such wage rates are hereby found and declared to be the general prevailing rate of per diem wages in all localities where public works are undertaken on behalf of the City of Lubbock and such .wage rates shall be included in all public works contracts as provided by law. 'Passed by the City Council this 8th day of January , 1987. Ranett6�,Boyd, City Secretary APPROVED T NTENT: Bi 1 P yne, D rector of Building Services /�e. t_ . �y Ghl<,� B.C. McMINN, MAYOR . APPROVED AS TO FORM: Do Id G. Vandiver, First Assistant City Attorney EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates ' Craft Hourly 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 r� EXHIBIT B - j" 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 Power Line Foreman Lineman Journeyman Lineman Apprentice Series Groundman Series Hourly Rate $11.00 10.45 8.90 7.25 EXHIBIT D Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) is 1 1/2 times base rate. EXHIBIT E Prevailing Wage Rates Weekend and Holiday Rate The rate for weekend and holiday is 1 1/2 times base rate. SPECIFICATIONS -42- PART 1 SCOPE: The contractor shall supply all material and labor installation of Roof Top Units (RTU) at the Lubbock Center located at 2001 19th Street, Lubbock, Texas. include, but not limited to the following: for the Senior Citizens The work shall I. RTU - SINGLE ZONE A. Furnish and install as directed a complete summer -winter RTU. Lennox, Trane or Carrier will be acceptable. The unit shall have design criteria as included. The unit must be of the same manufacturer as indicated on the nameplate. B. All electrical components shall carry the Underwriters' Laboratories (UL) label. C. All components of the unit shall be contained in a single weatherproof casing. The cabinet shall be constructed of heavy gauge galvanized steel. Exterior panels shall have a durable finish coat of outdoor acrylic enamel. Basic unit shall occupy entire curb assembly. D. All exterior panels of the conditioned air portion shall be lined with 1" thick fiberglass insulation. In addition, the entire bottom of the unit shall be insulated with fiberglass. E. Entire condenser coil shall be covered with 18 gauge, 1/2" mesh galvanized wire screen. The screen shall be installed on 24 gauge stand-off clips to allow for 1" clearance between coils and screen. F. Heating shall be via natural gas. G. The cooling method shall be direct expansion coils with mechanical refrigeration. Coils shall have copper tubes with aluminum fins. Capacity shall be as per enclosed schedule. Provide crankcase heaters and safety protection for low suction and overcurrent. H. The cooling system shall be rated according to ARI Standard 210. System shall be fully charged with refrigerant, Compressors shall be warranted for five (5) years. I. Filter shall be factory furnished. Filters shall be at least 2" thick and pleated. J. The refrigeration compressors and the blower fan system shall have rotating parts spring isolated from the unit cabinet to minimize transmission of vibration. The condenser fan motors shall be resiliently mounted. K. Control of the unit shall be via wall mounted thermostat. T-stat shall be located where old device is located or where proper operation can be obtained. The thermostat shall have "ON -OFF -AUTO" position for blower and a "COOL - HEAT" position for summer/winter operation. L. Connect drain to existing lines and trap as required. M. Units shall be marked as indicated either by stencil with paint or some other accepted means. Marking shall be located as to prevent fading, but easily readable. r 1 r II. ROOF MOUNTING FRAME A. A 1311 high galvanized roof mounting frame supplied by the unit manufacturer shall be furnished and installed for the unit. B. This frame shall include a 211X4" nailer secured to the sides to facilitate flashing. C. This frame shall exactly fit the unit and shall be approved by the National Roofing Contractors Association. D. The frame shall be set level and square according to the manufacturer's installation instructions and secured to the building as required for a proper and professional installation. E. All connection to the unit shall be properly made from the bottom within the confines of the frame. III. ELECTRICAL A. Unit shall be properly wired to existing disconnect. B. All electrical shall be as per code. IV. MISCELLANEOUS A. The area shall be left free from all related trash and debris. Old units shall be the responsibility of the contractor. B. The contractor shall supply Owner with the following information, bounded, marked and in duplicate: 1. Catalogue data of the equipment. 2. Shop drawings for the equipment. 3. Start-up instructions for the equipment. 4. Trouble -shooting procedures for the equipment. 5. Wiring diagrams 6. Recommended maintenance schedules for the equipment. 7. Parts lists for all items. a. Name and address of local vendor. 9. Guaranty. C. Contractor shall thoroughly explain the operation of system and familiarize the Owner's designated representative with the unit and controls. D. Unless otherwise stated, all material and labor shall guaranteed for a period of one year after Owner's acceptance. the be 2 �- i V. SCHEDULE MARK RTU-1 RTU-2 RTU-3 RTU-4 COOLING DATA CAPACITY 15 TONS 15 TONS 15 TONS 10 TONS EER 8.6 8.6 8.6 9.2 NOMINAL CFM 6,000 6,000 6,000 4,000 SYSTEM POWER 20 KW 20 KW 20 KW 12.95 KW HEATING DATA INPUT (BTUH) 350000 350000 350000 250000 OUTPUT (BTUH) 279000 279000 279000 201000 STAGES 2 2 2 2 AFUE (MIN) 80% 80% 80% 80$ TRANE EXAMPLE YCD180B3H YCD180B3H YCD180B3H YCD120B3H 3 ART 2 SCOPE: The contractor shall supply all material and labor for the installation of Roof Top Units (RTU) at Copper Rawlings Senior Citizens Center located at 107 40th Street, Lubbock, Texas. The work shall include, but not limited to the following: I. RTU SINGLE ZONE A. Furnish and install as directed a complete summer -winter RTU. Lennox, Trane or Carrier will be acceptable. The unit shall have design criteria as included. The unit must be of the same manufacturer as indicated on the nameplate. B. All electrical components shall carry the Underwriters, Laboratories (UL) label. C. All components of the unit shall be contained in a single weatherproof casing. The cabinet shall be constructed of heavy gauge galvanized steel. Exterior panels shall have a durable finish coat of outdoor acrylic enamel. Basic unit shall occupy entire curb assembly. D. All exterior panels of the conditioned air portion shall be lined with 1" thick fiberglass insulation. In addition, the entire bottom of the unit shall be insulated with fiberglass. E. Entire condenser coil shall be covered with 18 gauge, 1/2" mesh galvanized wire screen. The screen shall be installed on 24 gauge stand-off clips to allow for 1" clearance between coils and screen. F. Heating shall be via natural gas. G. The cooling method shall be direct expansion coils with mechanical refrigeration. Coils shall have copper tubes with aluminum fins. Capacity shall be as per enclosed schedule. Provide crankcase heaters and safety protection for low suction and overcurrent. H. The cooling system shall be rated according to ARI Standard 210. System shall be fully charged with refrigerant, Compressors shall be warranted for five (5) years. I. Filter shall be factory furnished. Filters shall be at least 2" thick and pleated. J. The refrigeration compressors and the blower fan system shall have rotating parts spring isolated from the unit cabinet to minimize transmission of vibration. The condenser fan motors shall be resiliently mounted. K. Control of the unit shall be via wall mounted thermostat. T-stat shall be located where old device is located or where proper operation can be obtained. The thermostat shall have "ON -OFF -AUTO" position for blower and a "COOL - HEAT" position for summer/winter operation. L. Connect drain to existing lines and trap as required. M. Units shall be marked as indicated either by stencil with paint or some other accepted means. Marking shall be located as to prevent fading, but easily readable. 4 t II. ROOF MOUNTING FRAME �. A. A 13" high galvanized roof mounting frame supplied by the unit manufacturer shall be furnished and installed for the unit. B. This frame shall include a 211X4" nailer secured to the sides to facilitate flashing. C. This frame shall exactly fit the unit and shall be approved by the National Roofing Contractors Association. r^ D. The frame shall be set level and square according to the j manufacturer's installation instructions and secured to the building as required for a proper and professional installation. E. All connection to the unit shall be properly made from the bottom within the confines of the frame. III. ELECTRICAL A. Unit shall be properly wired to existing disconnect. B. All electrical shall be as per code. IV. MISCELLANEOUS A. The area shall be left free from all related trash and debris. Old units shall be the responsibility of the contractor. B. The contractor shall supply Owner with the following information, bounded, marked and in duplicate: 1. Catalogue data of the equipment. 2. Shop drawings for the equipment. 3. Start-up instructions for the equipment. 4. Trouble -shooting procedures for the equipment. 5. Wiring diagrams. 6. Recommended maintenance schedules for the equipment. 7. Parts lists for all items. S. Name and address of local vendor. 9. Guaranty. C. Contractor shall thoroughly explain the operation of the system and familiarize the Owner's designated representative with the unit and controls. D. Unless otherwise stated, all material and labor shall be guaranteed for a period of one year after Owner's acceptance. 5 � V. SCHEDULE MARK RTU-1 RTU-2 COOLING DATA CAPACITY 7.5 TONS 7.5 TONS EER 9.0 9.0 NOMINAL CFM 3,000 3,000 SYSTEM POWER 9.78 KW 9.78 KW HEATING DATA INPUT (kw) 42.3 423 POWER VOLTS 208/240 208/240 Hz 60 60 PHASE 3 3 6 r ART 3 SCOPE: The contractor shall supply all material and labor for the installation of Roof Top Units (RTU) at Maxey Community Center located at 30th and Oxford Streets, Lubbock, Texas. The work shall include, but not limited to the following: 1. RTU - SINGLE ZONE A. Furnish and install as directed a complete summer -winter RTU. Lennox, Trane or Carrier will be acceptable. The unit shall have design criteria as included. The unit must be of the same manufacturer as indicated on the nameplate. B. All electrical components shall carry the Underwriters' Laboratories (UL) label. C. All components of the unit shall be contained in a single weatherproof casing. The cabinet shall be constructed of heavy gauge galvanized steel. Exterior panels shall have a durable finish coat of outdoor acrylic enamel. Basic l unit shall occupy entire curb assembly. D. All exterior panels of the conditioned air portion shall be lined with 1" thick fiberglass insulation. In addition, the entire bottom of the unit shall be ` insulated with fiberglass. E. Entire condenser coil shall be covered with 18 gauge, 1/2" mesh galvanized wire screen. The screen shall be installed on 24 gauge stand-off clips to allow for 1" clearance between coils and screen. F. Heating shall be via natural gas. G. The cooling method shall be direct expansion coils with mechanical refrigeration. Coils shall have copper tubes with aluminum fins. Capacity shall be as per enclosed schedule. Provide crankcase heaters and safety protection for low suction and overcurrent. H. The cooling system shall be rated according to ARI r' Standard 210. System shall be fully charged with refrigerant, Compressors shall be warranted for five (5) years. r I. Filter shall be factory furnished. Filters shall be at P least 2" thick and pleated. J. The refrigeration compressors and the blower fan system r„shall have rotating parts spring isolated from the unit cabinet to minimize transmission of vibration. The condenser fan motors shall be resiliently mounted. K. Control of the unit shall be via wall mounted thermostat. r' T-stat shall be located where old device is located or where proper operation can be obtained. The thermostat shall have "ON -OFF -AUTO" position for blower and a "COOL - HEAT" position for summer/winter operation. L. Connect drain to existing lines and trap as required. M. Units shall be marked as indicated either by stencil with paint or some other accepted means. Marking shall be r" located as to prevent fading, but easily readable. t �„ 7 N. Existing duct work shall be used. Contractor shall provide proper connections from new unit to existing ductwork. II. ROOF MOUNTING FRAME A. A 13" high galvanized roof mounting frame supplied by the unit manufacturer shall be furnished and installed for the unit. B. This frame shall include a 211X4" nailer secured to the sides to facilitate flashing. C. This frame shall exactly fit the unit and shall be approved by.the National Roofing Contractors Association. D. The frame shall be set level and square according to the manufacturer's installation instructions and secured to the building as required for a proper and professional installation. E. All connection to the unit shall be properly made from the bottom within the confines of the frame. III. ELECTRICAL A. Unit shall be properly wired to existing disconnect. B. All electrical shall be as per code. IV. MISCELLANEOUS A. The area shall be left free from all related trash and debris. Old units shall be the responsibility of the contractor. B. The contractor shall supply owner with the following information, bounded, marked and in duplicate: 1. Catalogue data of the equipment. 2. Shop drawings for the equipment. 3. Start-up instructions for the equipment. 4. Trouble -shooting procedures for the equipment. 5. Wiring diagrams. 6. Recommended maintenance schedules for the equipment. 7. Parts lists for all items. S. Name and address of local vendor. 9. Guaranty. C.._ Contractor shall thoroughly explain the operation of the system and familiarize the Owner's designated representative with the unit and controls. D. Unless otherwise stated, all material and labor shall be guaranteed for a period of one year after Owner's acceptance. E. In the north west game hall, two five ton units serve this area. The units will be replaced by one (1) 7.5 ton unit indicated in the schedule by RTU-3. 1. The supply and return ducts and grilles for the easternmost of the two units shall be removed and roof patched. Patches shall be waterproofed and similar roofing applied. 8 2. Electrical shall be removed to the pitchpan and disconnected from panel. 3. Gas line shall be removed from the existing tee and plugged on the side of the tee leading to the unit and checked for leaks. 4. Remove thermostat and wire which corresponds to the removed unit. Y. SCHEDULE MARK RTU-1 RTU-2 RTU-3 COOLING DATA CAPACITY 5 TONS 5 TONS 7.5 TONS SEER 9.85 9.85 9.85 NOMINAL CFM 2,000 2,000 38000 SYSTEM POWER 6.95 KW 6.95 KW 9.78 KW HEATING DATA INPUT (BTUH) 135000 135000 205000 OUTPUT (BTUH) 105000 105000 164000 STAGES 1 1 1 AFUE (MIN) 80% 80% 80% TRANE EXAMPLE YC*060c1 YC*060c1 YC*090C 9 PART 4 SCOPE: The contractor shall supply all material and labor for the installation of Split System Units (RTU) at Arnett Benson Senior Citizens Center located at Amherst and Gary Streets, Lubbock, Texas. The work shall include, but not limited to the following: 1. Remove existing furnaces and condensing unit. These items shall be the responsibility of the contractor. Foundations which these units are placed shall be inspected and repaired if required so the new units will be properly installed, level and sturdy. 2. The new furnaces shall have a minimum of 160,000 BTUH input and have an AFUE rating of at least 80%, and deliver approximately 2,000-2,500 CFM's. These units shall be properly installed as per manufacturer's recommendation and industry standards to assure a professional installation. 3. The new furnaces shall match existing duct work, both supply and return. Contractor shall provide proper connection from new units to duct work. 4. Condensing units shall be rated at 5 tons with a SEER rating of no less than 10.0. The condenser shall be provided with hail screen to protect fins. The new units shall be properly install as per manufacturer's recommendation and industry standards. Existing electrical disconnects shall be used. 5. Existing refrigerant lines can be reused, provided they are clean, free from dirt and debris and can hold a proper vacuum. Otherwise, lines shall be properly sized to handle the rated capacity and insulated as required. 6. All material shall be new and up to industry standards. The system shall be evacuated down to 1.0 mm Hg for four (4) hours minimum. If vacuum does not hold, repair leaks or find cause and test again. Owner's representative shall be informed when vacuum is placed and broken. 7. Control of the units shall be via wall mounted thermostat. T- stat shall be located where old device is located or where proper operation can be obtained. The thermostat shall have "ON -OFF -AUTO" position for blower and a "COOL -HEAT" position for summer/winter operation. S. The contractor shall supply Owner with the following information, bounded., marked and in duplicate: 1. Catalogue data of the equipment. 2. Shop drawings for the equipment. 3. Start-up instructions for the equipment. 4. Trouble -shooting procedures for the equipment. 5. Wiring diagrams. 6. Recommended maintenance schedules for the equipment. 7. Parts lists for all items. 8. Name and address of local vendor. 9. Guaranty. 9. Unless otherwise stated, all material and labor shall be guaranteed for a period of one year after Owner's acceptance. 10. The area shall be left free from all related trash and debris. 10 r , G 11. Contractor shall thoroughly explain the operation of the system and familiarize the Owner's designated representative with the unit and controls. 12. The Bryant condenser shall remain the property of the City of Lubbock. P' f r^ k � 11 SPECIAL CONDITIONS -43- NOTICE OF ACCEPTANCE The City of Lubbock, having considered the proposals submitted and opened on the day of 199, for work to be done and materials to be furnished in and for: as set forth in detail in the Specifications, Plans, and Contract Documents for such work for the City of Lubbock; it r., appearing that your proposal is fair, equitable and to the best interest of said City, please take notice that said proposal I was accepted by the City Council of the City of Lubbock on the day of 199` at the bid price contained e therein, subject to the execution of and furnishing of all contract documents, bonds, certificates of insurance, and all other documents specified and required to be executed and furnished under the contract documents. It will be necessary for you to execute and furnish to the City of Lubbock all such documents within ten (10) days from your receipt of this Notice. i. The five percent (SX) 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 G -44-