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Home My WebLink AboutResolution - 4418 - Contract-DIS Industrial Services-Chemical Cleaning, LP&L Holly Plant Boilers 1-2 - 03_10_1994Resolution No. 4418 March 10, 1994 Item #14 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract and all related documents by and between the City of Lubbock and DIS Industrial Services of Deer Park, Texas to furnish and install all materials as bid for the Chemical Cleaning of Lubbock Power & Light Contract for the City of Lubbock, which contract is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this loth day of March 1994 ATTEST: &Zt�- Acyt�� - Betty M. Johnson, Ci ecretary APPROVED AS TO CONTENT: Victor an, F,,prchagifig Manager TO Assistant City Attorney Dav:ap\GAccdo s\D1S.Res Match 1.1994 CITY OF LUBBOCK SPECIFICATIONS FOR CHENUCAL CLEANING OF HOLLY AVENUE POWER PLANT BOILERS 1 & 2 BID #12844 1 F, CITY OF LUBBOCK Lubbock, Texas CITY OF LUBBOCK REQUEST FOR BIDS FOR TITLE: CHEMICAL CLEANING OF HOLLY AVENUE POWER PLANT BOILERS 1 & 2 ADDRESS: LUBBOCK, TEXAS BID NUMBER: 12844 PROJECT NUMBER: 2111-554101-7313 CONTRACT PREPARED BY: PURCHASING DEPARTMENT INDEX NOTICE TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS BID PROPOSAL - BID FOR LUMP SUM CONTRACTS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT GENERAL CONDMONS OF THE AGREEMENT CURRENT WAGE DETERMINATIONS SPECIFICATIONS SPECIAL CONDITIONS NOTICE OF ACCEPTANCE n. 7 Office of Purchasing City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 606-767-2167 MAILED TO VENDOR: FEBRUARY 18,1994 CLOSE DATE: FEBRUARY 24,1994 AT 2 P.M. BID #12844 - CHEMICAL CLEANING OF HOLLY AVENUE POWER PLANT - BOILERS 1 & 2 ADDENDUM # 1 Please modify or amend Contract Documents as follows: 1. Lubbock Power & Light (LP&L) shall furnish the piping from the boiler to the contractors pumps and the holding tanks. LP&L will also supply water and the air used in the cleaning process. Power to operate contractor's lab shall also be furnished. 2. The contractor shall supply enough chemical to remove 1% Fe with enough chemical on hand to remove an additional 1°/a 3. Contractor shall show their restocking charges on the additional chcmical if not used 4. Contractor shall also provide a way in which to measure the surface temperature of the water walls on Holly #1. S. Contractor shall also provide a reversing manifold and a economizer pump. All requests for additional information or clarification concerning this bid should be submitted in writing and directed to Ron Shuffidd, Senior Buyer. PLEASE RETURN ONE COPY WITH YOUR BID 7 NOTICE TO BIDDERS i t NOTICE TO BIDDERS BID #12844 Sealed bids addressed to Ron Shuffield, Senior Buyer, City of Lubbock, Texas, will be received at the office of the Purchasing Manager, Municipal Bldg., 1625 13th St., Room L-04, Lubbock, Texas, 79401, until 2:00 o'clock p.m. on the 24th day of February. 1994, 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: CHEMICAL CLEANING OF HOLLY AVENUE POWER PLANT - BOILERS 1 & 2 After the expiration of the time and date above first written, said sealed bids will be opened by the Buyer at his office and publicly read aloud. It is the sole responsibility of the bidder to insure that his bid is actually in the office of Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written. The City of Lubbock will consider the bids on the loth day of March, 1994, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond and payment bond in accordance with Article 5160, Vernon's Ann. Civil St., in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000.00. Said statutory bonds should be issued by a company carrying a current Best Rating of B or su nor, as the rating of the bond company is a factor that will be considered in determination of the lowest responsible bidder. If the contract price does not exceed $25,000.00 the said statutory bonds will not be required. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total r- amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if ! required) within 10 days after notice of award of the contract to him. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. The plans, specifications, proposal forms and contract documents may be examined at the office of the Purchasing Manager for the City of Lubbock, Lubbock, Texas. �• Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages r included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. There will be a pre -bid conference on 17th day of February,1994, at 10:00 o'clock a.m., in the Holly Avenue Power Plant Administration Office, 3500 E. Slaton Highway, 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 OF LUB OCK Ron Shuffield SENIOR BUYER Fan- ADVERTISEMENT FOR BIDS BID # 12844 Sealed bids addressed to Ron Shuffield, Senior Buyer, Purchasing Department, City of Lubbock, Texas, will be received at the Purchasing Office, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401 until 2:00 o'clock p.m. on the 24th day of February.1994, 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: CHEMICAL CLEANING OF HOLLY AVENUE POWER PLANT - BOILERS 1 & 2 After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Buyer and publicly read aloud. The plans, specifications, bid forms and contract documents may be examined at the office of the Purchasing Manager for the City of Lubbock, Texas. Attention of each bidder is particularly called to the Schedule of General Prevailing Rate of Per Diem Wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, Texas. Each bidder's attention is further directed to the provisions of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning such wage scales and payment by the contractor of the prevailing rates of wages as heretofore established by the City of Lubbock. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. There will be a prebid conference on the 17th day of February. 1994, at 10:00 a.m., in the Holly Avenue Power Plant Administration Office, 3500 E. Slaton Highway, 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. C aLUBCK Ron Shuffield SENIOR BUYER r- G poll "s L 7 G. GENERAL INSTRUCTIONS TO BIDDERS .., 1. SCOPE OF WORK GENERAL INSTRUCTIONS TO BIDDERS The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with contract documents for the Chemical Cleaning of Holly Avenue Power Plant - Boilers 1 & 2. i� 2. CONTRACT DOCUMENTS All work covered by this contract shall be done in accordance with contract documents described in the General Conditions. All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 3. PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. TM E AND ORDER FOR COMPLETION The construction covered by the contract documents shall be fully completed within 7 (seven) calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordancewith the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to insure completion of the project within the time specified. PAYMENT All payments due to Contractor shall be made in accordancewith the provisions of the General Conditions of the contract documents. 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 r- 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. Flo f r 8. 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 famished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 10. PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the proposed contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 11. TEXAS STATE SALES TAX This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 12. PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 13. BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 14. EXPLOSIVES The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. Explosive materials shall not be stored or kept at the construction site by the Contractor. In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting; operations. 15. CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 16. INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The insurance certificates furnished shall name the City as an additional insured and shall further state that all subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. 17. LABOR AND WORKING HOURS rAttention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these u 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 hither directed to the . r- requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above F 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 r applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: (1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. (2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 18. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 19. PROVISIONS CONCERNING ESCALATOR CLAUSES Proposals submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 20. PREPARATION FOR PROPOSAL The bidder shall submit his proposal on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he proposes to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink. Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: (a) Bidder's name (b) Proposal for (description of the project). i Bid proposals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no proposal may be withdrawn or altered thereafter. 21. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Proposal. (d) Statutory Bond (if required). (e) Contract Agreement. M General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. 0) 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. r-� s ., BIDPROPOSAL LIJMP SUM PROPOSAL CONTRACT " PLACE: Deer Park, Texas DATE: February 23, 1994 Flo I PROJECT NUMBER 12844 - CHEMICAL CLEANING OF HOLLY AVENUE POWER PLANT - BOILERS 1 & 2 OM Proposal of DIS Industrial Service To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) (hereinafter called Bidder) Gentlemen: The Bidder, in compliance with your invitation forbids for the=rjtRXkqtLgk& Chemical cleaning of Holly Avenue Power Plant Boilers 1 and 2. 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 I price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. �. BID ITEM 1: CHEMICAL CLEANING OF HOLLY BOILER #1: ` MATERIALS: Seven thousand six hundred thirty-three & 78/100 ($ 7,633.78 ) r SERVICES: Thirty thousand one hundred eighty & 79/100 ($30,180.79 ) Y TOTAL BID (rTEM#1): Thirty seven thousand eight hundred fourteen ($37,814.57 ) r• & 57/100 BID ITEM 2: CHEMICAL CLEANING OF HOLLY BOILER #2: ,. MATERIALS: Eighteen thousand one hundred forty & 68/100 ($18,140.68 ) SERVICES: Thirty six thousand eight hundred seventy-five & ($36,875.04 ) 04/100 r TOTAL BID (rrEM#2): Forty eight thousand fifteen & 72/100 ($ 48,015.72 ) 7 (Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.) r. 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 7 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 S100.00 (ONE HUNDRED DOLLARS) for each calendar day in excess of the time set forth hereinabove for completion of this project, all as more fully set rforth in the general conditions of the contract documents. r+ .. 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. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (S% ) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him. Enclosed with this proposal is a Cashier's Check or Certified Check for Dollars ($ ) or a Proposal Bond in the sum of F i va r h rn, c n n ri rin i i n r s Dollars ($ 5000, 00 ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. DIS Industrial Service Contractor BY: Gregory G. Rice Field Service Manager r (Seal if Bidder is a Corporation) ATTEST: r Secretary 0- r BID PROPOSAL FORM LUMP SUM pm BID ITEM 1: CHEMICAL CLEANING OF HOLLY BOILER #1: MATERIAL: Seven thousand six hundred thirty-three ($ 7,633.78 ) & 78/100 SERVICES: Thirty thousand one hundred eighty ($ 30,180.79 ) r" & 79/100 TOTAL BID (TTEM #1): Thirty-seven thousand eight hundred ($ 37, 814.57 ) fourteen and 57/100 BID ITEM 2: CHEMICAL CLEANING OF HOLLY BOILER #2: MATERIAL: Eleven thousand one hundr.ed forty ($ 11,140.68 ) & 68/100 SERVICES: Thirty-six thousand eight hundred ($ 36,875.04 ) seventy-five & 04/100 TOTAL BID (ITEM #2): Forty-eight thousand fifteen & ($ 48,015.72 72/100 r" TOTAL of BID ITEMS 1 and 2: TOTAL MATERIALS: Eighteen thousand seven hundred ($ 18,774.46.) seventy-seven four & 46/100 TOTAL SERVICES: Sixty-seven thousand fifty-five ($ 67,055.83 ) & 83/100 TOTAL BID: Eighty-five thousand eight hundred ($ 85,830.29) thirty & 29 100 LIST OF SUBCONTRACTORS This form shall be completed and submitted with the Bidder's Proposal. Minority Owned Yes No 1. Poole Oilfield Services X 2. Bergstein Transports X 3. Odessa Injection Systems X 4. 5. 6. 7. 8. 9. 10. r Industrial Services .m P. February 23, 1994 City of Lubbock Purchasing Department Municipal Building 1625 13th Street, Room L-04 Lubbock, Texas 79401 Attention: Ron Shuffield Senior Buyer RE: Bid No. 12844 r Project No. 2111-554101-7313 Chemical Cleaning of Holly Avenue Power Plant Units 1 & 2 Gentlemen: DIS Industrial Service is pleased to reply to above referenced bid. Our Price Quotation for this work is as follows: Price Quotation Boiler 1..................$37,814.57 Price Quotation Boiler 2..................$48,015.72 TOTAL....... $85 9830.29 Included in the Price Quotation for Boiler 1 are: CHEMICALS: 12,645 pounds of EDTA (V675) 9 gallons of A251 Corrosion Inhibitor 159 gallons of M240 Liquid Passivating Agent 1 gallon of M246 Anti -Foam Agent EQUIPMENT and PERSONNEL: (Based on an estimated service time of 48 hours) 7 • A chemical transport to haul the EDTA. • A Mobile Laboratory that contains an Atomic Absorption Unit. r DIS Industrial Services • P.O. Box 820 • Deer Park, TX 77536-0820 (713) 479-8436 • (713) 479-8982 (fax) a division of HydroChem Industrial Services, Inc. r Pi OW is ^ Page 2 City of Lubbock Holly Ave. 1 & 2 • A 4" x 3" trailer mounted centrifugal pump that will be used to circulate the economizer as well as empty and fill the boiler during any drain backs and refills. • A special injection pump and fittings to handle the M240 Passivating Agent. • A reversing manifold that will ease the: drain back and refilling process. • A air filter/rotameter combination that will be used in conjunction with the M240 equipment for boiler passivation. • An air driven diaphragm pump that will be used to control pump packing leakage and mobile lab wastes. • A surface pyrocon for measuring various tube metal temperatures. • Two sample coolers with tubing to reach from the coolers to the mobile lab. • A Service Supervisor who will direct the treatment and coordinate with LPL personnel. • A Chemist who will perform all chemical analysis. • An Equipment Technician to operate the DIS equipment. DISPOSAL: (Based on 20,000 gallons of waste solution) • A fourteen day charge for two (2) - 20,000 gallon holding tanks. • A charge for hauling four (4) - 5880 gallon loads of waste from the Holly Avenue plant to the disposal site in Odessa, Texas. • Disposal of 20,000 gallons of waste EDTA solutions. Included in the Price Quotation for Boiler 2 are: CHEMICALS: 18,605 pounds of EDTA (V675) ;r. 14 gallons of A251 Corrosion Inhibitor 212 gallons of M240 Liquid Passivating Agent 1 gallon of M246 Anti -Foam Agent EQUIPMENT and PERSONNEL: (Based on an estimated service time of 48 hours) • A chemical transport to haul the EDTA. • A Mobile Laboratory that contains an Atomic Absorption Unit. i PM r" Page 3 City of Lubbock Holly Ave. 1 & 2 • A 4" x 3" trailer mounted centrifugal pump that will be used to circulate the economizer as well as empty and fill the boiler during any drain backs and refills. • A special injection pump and fittings to handle the M240 Passivating Agent. • A reversing manifold that will ease the: drain back and refilling process. • A air filter/rotameter combination that will be used in conjunction with the M240 equipment for boiler passivation. • An air driven diaphragm pump that will be used to control pump packing leakage and mobile lab wastes. • A surface pyrocon for measuring various tube metal temperatures. • Two sample coolers with tubing to reach from the coolers to the mobile lab. • A Service Supervisor who will direct the treatment and coordinate with LPL personnel. • A Chemist who will perform all chemical analysis. • An Equipment Technician to operate the DIS equipment. DISPOSAL: (Based on 31,000 gallons of waste solution) • A fourteen day charge for two (2) - 20,000 gallon holding tanks. • A charge for hauling six (6) - 5880 gallon loads of waste from the Holly Avenue plant to the disposal site in Odessa, Texas. • Disposal of 31,000 gallons of waste EDTA solutions. ADDITIONS: If the above estimates for material amounts, service time, and disposal amounts are exceeded the following rates will apply. EDTA(V675)..................................$ 0.68 per lb A251 Corrosion Inhibitor .....................$ 32.00 per gal Service time.................................$191.00 per hr 20,000 gal holding tank (each) ...............$ 45.00 per day Hauling (5880 gal load).......................$650.00 per load Disposal .....................................$ 0.35 per gal ,.. Page 4 City of Lubbock Holly Ave. 1 & 2 RESTOCKING: There will be no restocking charge on the return of any unused material to the DIS location. We plan on having a minimum of 100% excess EDTA on hand before starting either treatment. For Boiler 1 we plan on having 31,500 pounds of EDTA on site and for Boiler 2 we plan on having 50,000 pounds on site. If the deposits in either boiler are great enough that all EDTA on hand is depleted and r additional must be shipped to the plant, the cost of shipping I each additional load will be $2,980.00. The charge for any additional EDTA used will be the same as above. EXCEPTIONS/ADDITIONS TO GENERAL CONDITIONS: After review by the DIS Division Office the following two (2) exceptions/additions are taken to the City of Lubbock General Conditions of the Agreement. Item 24. Extra Work Delete Method (C) Add Item 57 Consequential Damages Please add: Neither contractor nor owner shall be liable to the other for any special incidental, indirect, punitive or consequential damage including but not limited to loss of use of assets or loss of revenues or profits. INSURANCE: Upon award of this work DIS will provide City of Lubbock a Certificate of Insurance that will meet or exceed the requested requirements. r- r ., Page 5 City of Lubbock Holly Ave. 1 & 2 EXTRAS: If either boiler, because of extensive tube replacement, needs to have any oily preservatives removed prior to cleaning/startup we can provide an additive to the EDTA solution that will remove any light oils or preservatives. The additive is coded F082 and is used at 0.5% by volume concentration. The cost for the F082 would be: Boiler 1.....43 gallons .......... ....... $ 752.50 Boiler 2.....70 gallons .................$1,225.00 The greatest resource of DIS is our large staff of well trained, experienced, technical personnel. When millions of dollars worth of equipment are entrusted to a cleaning service, the very best personnel are required. Field experience and laboratory research has enabled DIS to develop the commonly accepted techniques used in industrial equipment cleaning. For over fifty years, we have been continuously dedicated to providing efficient, safe and economical solutions to industrial cleaning problems. Safety is a primary concern at DIS; its aspect is pre-engineered into every job. Our strict safety measures assures you of maximum protection for your personnel and equipment. You should be aware that chemical cleaning of the boilers presents potential hazards of varying degrees to your employees and equipment. DIS will assist you in identifying these hazards and in taking proper precautions to prevent an accident. DIS is very proud of its safety record and we appreciate your cooperation in helping us maintain these high standards while giving you the best possible service the industry has to offer. Before the start of any job, the Service Supervisor will go through a detailed tailgate safety meeting with DIS and City of Lubbock personnel. This meeting is held to familiarize everyone with existing hazards and safety procedures that will be followed during the execution of the job. You will find enclosed the forms entitled Material Safety Data Sheet. This form is a compilation of information about the DIS products we plan to use in the performance of our work for you. we supply these first, because we are concerned about the safety of your employees. Second, we are concerned about the protection of our environment and finally, we are interested in helping you discharge your responsibilities to your employees and to regulatory agencies. 7 ., Page 6 City of Lubbock Holly Ave. 1 & 2 We appreciate this opportunity for submitting this pricing information and look forward to working with you on this project. For your information we have enclosed a general outline of the EDTA cleaning process, we call it Alkaline Copper Removal (ACR), and have also enclosed the estimated timetable to complete the work. If you should have any questions, comments or need further information please contact DIS. May we have your order? Sincerely, Nick Botch J Sales Engineer r• /AXAMWEST SURETY �.. INSURANCE COMPANY WOODLAND HILLS, CALIFORNIA P- Know ail men by these presents: BOND NO.: 0276640 PREMIUM: SERVICE BID DATE: PUBLIC WORKS BID BOND 2-24-94 That we, HYDROCHEM INDUSTRIAL SERVICES INC. (hereinafter called Principal), as Principal, and AMWEST SURETY INSURANCE COMPANY, a corporation (hereinafter called Surety), !' organized and existing under the laws of the State of California and authorized to transact a general surety business in the State of TEXAS , as Surety, are held and firmly bound unto r THE CITY OF LUBBOCK, TEXAS r (hereinafter called Obligee) in the penal sum of FIVE percent ( 5 %) of the bid amount, but in no event to exceed i FIVE THOUSAND DOLLARS AND NO/100********************* Dollars ($ 5,000.00 ) r-. for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for r� CHEMICAL CLEANING OF HOLLY AVE- POWER PLANT_ — BOILERS 1 & 2 NOW, THEREFORE, if the contract is awarded to the Principal and the Principal has within such time as may be specified, entered into the contract in writing, and provided a bond, with surety acceptable to the Obligee for the faithful performance of the contract; or if the Principal shall fail to do so, pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in the bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by the bid, then this obligation shall be void; otherwise to remain in full force and effect. r SIGNED, SEALED AND DATED THIS 23RD DAY OF FEBRUARY 19 94 r k HYDROCHF4 INDUSTRIAL SERVICES INC: 11Xri w ame Princip ) I'" err resin By: y ppof Fnndp pµ►or�4o i AMWEST SURETY INSURANCE COMPANY BARBARA A. MEYER Attomey-in-Fact r A4 UN-A3017 (3190) n -,NCT VALID FOR BONDS EXECUTED ON OR AFTER POWER Mhliii 63 9-24-94 027664Cr 71bi,ocument isprinted on multi -colored security paper with black and red Ink, with border in blue ink and bears the raised f Amwest Surety Insurance Company (the "Company"). Only unaltered originals of this Power of Attorney are valid. This r 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 o tin (the"Com an " , does hereby make, constitute and appoint: <99R 9AN A A. Me' ER AS AN EMPLOYEE OF AMWE ST SURETY INSURANCE COMPANY a 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, Qrecogntzances or other written obligations in the nature thereof as follows: B'id Bonds up to S**I,000,000.00 Contract -(Performance & Payment), Court, Subdivision t**1,000,000. license 6 Permit Bonds up to to*101000,000.00 -2s-!liscetlaneous Bonds up to $**1,000,000.00 watt Business Administration Guaranteed Bonds up to $**l,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. id number 0276640 Signed and sealed this 21RD day of FEBRUARY 1924— 00 00276640 - 63 E Karen G. Cohen, Secretary �� ,� 7 PAYMENT BOND BOND PRUA111M O;^SFD ON =iivAL (3*0N,T-;"" ►'RICE 6` T1"V VPAVLO TDOMrIL S AWTOARTI=,5160 BOND #017001525 Cr%mtmVwmCrmSTmV=<wT1 ,S AS AAA ny PREMIUM: $2,700.00 ACTS OF THE XM 1JSCU1.A' 1WLF, I+20" 04SIOR ' 1954 �4 r �rsw,ua�i�rrsxTiitss�l7s,t&ac DIS INDUSTRIAL SERVICES, a__Diuision of HydroChem (hereinafter called the Principal(s), as Principal(s), and Industrial Services, AMWEST SURETY INSURANCE COMPANY (hertimfter eatW tho SwraVA), a burAAO), ara kmW sAd firm j bowJ uwathe OtyttLub6o A (hors zsa6a cstloc', Lbr Mir ywx Fr, the BSfOimt of � �"� p�= (S ,_ .)lawful Embyr et tug Unw 81etw rtr to me �+ Vayat Wftut d gm sttiil � Bad Sweq Wd tluveiuta ,mod ticit &-im 3dutixt4tmd� txu;w=v, "Om6S n wl,-4 Joaray Aw mvetz*. famlp by thm rrescats- VR REA% tba grirto d has eMftd 100 n errtsiA Wd= COrAW with t1e ObSM. da1w the ft e r 19 .to is CHEMICAL CLEANING OF THE HOLLY PLANT UNIT 1 & UNIT 2 BOILER ii r and said "cipal uadczt the law it rrquiftd bobs a c4tac=W1L9 ft worm pruTWd 11x in =W awaract to =tgS a bung in fie i awmw of said vwdreot wfJoh ooemnd is bcttby xetun to a zd iaadt a vAn boa las mad tv tGa tsbaac east as iCapWd zr Urdh hareit,. NOW. 7! H M�MM TM MNDITI N OF THM =10AWN IS 1=9 that If tW W4 Ptind a21 ckdm2 tx ampbft labor and m"erial ltr biro or a mhobc!la= is the proaxmSm of the wwk provl M far to saki omwm . thm this ouiption Owl U void-.edtcuwiso to waaht is fall frmve and effm; PROVWJt , HOVAE I;L that this boas is mczuad Esnrsusatto titep>:aYi*os of Adido $160 dVic XWted Oil Smarts of Tem a amo ded tV, Acts of the Seth 14idit= eegalar Set 90n. 1.434, asd t?l ia:sb Wec oa this bore sbatl be dntardwd is st=dame with tbc pmvidzstc a uld ArWo to ft mm w= es Wit v= cWied at kWh bertfiL IN Vn7T1 . wix' t "1 tba said prhx 1(9) aw Suxdy :) ham tad"ftaled liras lactraxc" thtzt 14 TH dS tS MARCH 1994 , f" AMWEST SURETY INSURANCE COMPANY 4 Sum* !, (DW) BARBARA 4MRATTORNEY BOND CHECK 14 BEST RATING LICENSED IN TEXAS . DATE a s/-7q By 27" DIS INDUSTRIAL SgRVICFS_._1NC. PdzwW a Div. of HydroChem Industri Services, Inc. Jay:7d Awe _ - RRi ? Wear pArd;vewl' Owl - Cn9k) �. The UO&WOad OW90 00040agt v4VI cents that it i5 duly gwAUW to do 6niWW is 1bM& sad 2 =dW dedgaates HENRY L . SIMPSON m ttidw� to t�obback Ooria�p to wbomu+Y ra�Rila snatlooa be detiv+et+od tmd oe t+r6om tiocvtac ad pmew tuy to win it mutmr wi fts Cw ai turh mretpAh oar. HENRY L. SIMPSON OW*) RESIDENT AGENT r Aproued as fo torso: . Cityr �» BY: toy • Natr- 1Tf=ed by as o?i'ioear of tht Smdy CO-14* � there toast be calms out&d escasotf�acma�ta� Awing tLat tug e,, permn b3s umbo ft to tags t� t'hTigatim 190" by an Attorney in Rid, wo anal um copy of poww at atb=q► for nor EkL r GQ W U O W a BOND PREMIUM BASED ON FINAL CONTRACT PRICE MTOTORY PERFORMANCE HAND RPMAW TO AR*n= 316& (W TM FXVISWaVU. SWUM AR U S W �AS � BOND #017001525 r Abaum fl y AC'rS OF'II3_ M=LW MAT MT, IM0ULA3LS8. WN I9S9 PREMIUM: $2 , 700.0( �^ M;OWALL M:r� BYTIMMpRESErn7S, d= DIS INDUSTRIAL SERVICES, A DIVISION O _HYDROCHEM_ (hereinafter called the Principal(s), as Princlpal(s), and INDUSTRIAL SERVICES, IN AMWEST SURETY INSURANCE COMPANY omrd=ft catw tU Smn%s), as Su zy(s), art: held mffi E=Iy beuad aase the 0Wof LttitD xj,(hw6naft= cailed the Oblige)► in tU smocat of NINETY THOUSAND AND N01100 Dc (590 , 000.0.D latt�ttlmoW of the UZW 8t3us fm the pVm= vihm t Sire said Prin6* sad SmmW bind tbesml aad their haim adrmial:traatrs, tea► =c=m sd asolm WMEAS, *a PrWc421 %= wered inla a ter wd= cor= with the Cbugdo. Wed the day cf CHEMICAL CLEANING OF THE HOLLY PLANT UNIT 1 & UNIT 2 BOILER and said pdaeiptl miler tha law it rrrpdred hertz ==eadag the v=k p wi ded for to S 9d mt t= to ==te a boad is the amamc of Bald cc== which era t= it h= y rd =ztd to and made a part kmof is thily and to ttm same C==ss if capio a ku th ltrw�L NOW, TBEREI 01M MM CO'.4D ION OF TM ORUGATION 3 SUM that it d t SWPA=Ipd dmil fly pmta= dw work in aeerd— wick the pWM spxdn=ons and couvact do==cu& thm this shall be void; otheMn to remain in t3zi1 i= and eft= PROVIDED, MMEVM that this bond k ==tod p =mut to the p wid m of Ard& $160 Clibe P&Axd Civil ofTaas as am=ded by Ards cf dz 16th LvzLv1=r, regulir #won 1"9, sad all SaWitJ on Ws bond sb&U be dd=ftiad in r� tune With the p-mislow of said article w %u gatae ca== if it wm woad at kagth txnin. fol IN WnN. = Wes, the said Pt =#d W =9 S=W (s) barn deed and soled this ink this da d �!w MARCH __ ,19 94 AMWEST SURETY INSURANCE COMPANY La 0. ZT L,/ l ( rlde) BARBARA A. MEYER ATTORNEY -IN -FACT r DIS INDUSTRIAL SERVICES, A DIV.O' PrindAd HYDROCHEM INDUSTRIAL VICES, INC. BOND CHECK /�� - BEST RATING / �'- LICENSED IN TEXAS DATE 9 BY Poo Ua u2derdpW dud it. ts 4* qmalfw to do bnim= in 2uxm4 andbaeby doi HENRY L. SIMPSON onaFm jAH RHISCmaqwwh=wywVfdtc UMV he &Uvemdand an whem savi=cf oar. Henry L. Simpson ('We) Resident Agent; air arLuftxk Br. 4a S4 a1 4 /V2lVU`--J 0, VOW AU=W 011oW lfr;=adW=nffl Ps I'm Uftmdby a An=*1 la Fao,= ==Um cW cf pmia cf&==arftrcff film I NCT VALID FOR BONDS POWER NUMBER EXECUTED ON -OR AFTER '52 9-24-94 027668 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 Califomia. Any power of attomey 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 B IirrppR B AR (th Ae"C mpan '"), does hereby make, constitute and appoint: AS AN EMPLOYEEEOOF AMWE ST SURETY INSURANCE COMPANY 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: Bid Bonds up to $**1,0 00,0 00.00 Contract (Performance & Payment), Court, Subdivision $**1,000,000. License 9 Permit Bonds up to $**1,000,000.00 Miscellaneous Bonds up to $**1,0000000,00 Saall Business Administration Guaranteed Bonds up to $**1,250,000. and to bind the Company thereby. This appointment is made under and by authority of the By -Laws of the Company, which are now in full force and effect. CERTIFICATE I, the undersigned secretary of Amwest Surety Insurance Company, a California corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors set forth on the reverse, and that the relevant . provisions of the By -Laws of the Company, are now in full force and effect. r s�. A number 017001525 .Signed and sealed this 14TH 'day of MARCH 1994 ` 00 00276683 - 52'� E f. CERTIFICATE OF INSURANCE : r. r..v}x«xrxrlre:. rr. r..vwi., . :/r.... wI Y I.. r:r.... ..r. r..:. /r! : } K •Y 'r:•" •}:8f.3}'Y"x+}}Y•}Y:•Y} •: ••; f: • •.. •:•Y}YYYxi}r :w Y'i.•'• :.{ t.V.,,: .w � • #i rsYS•.Yt "' „{S.< � . i{'., •;k. w .x .a• :Y,. . {: 4. •.,..c .3 .: r.:•.S ..}:.,Sr 9Frr*i. t ' . ..'rS.':4:ft .::$!Sa •:.., { { ..,F., t ,:.. �..,{� .S.f :., :.:.::'t•};•.jk.3,�a'°r�.cr� •{::F5�r,3r},.�T� fci.,.r}3.�.r•'r`ri'i•:,•••Y: »::$. ;{r?:{z}r..{S�;f}•'., .t1. ;. n,;i:}i�:' »T,h'i;.{�+.�>,.:: a%%i't•3`?.:. :•�,{}%� �S: •::.h'•:•9•: •. • o.>. i{::.rk?::.,::,:r:J`.5a•}:2a«w.•'�}.Jk2cbrnzatrnf ik'},�•:�:t',�u�� - S ;^•;i'i.•'.{r.XF ':: rf %.. y ,� - .;:x, •s','.,#:$:,}iz;; Y r:;r,;$'}c ' {;;, , :v{_}�,'+#;Y:,r ::.;$ r •�[ � ' �{ :.� :',:;}: •• ��, :.� ii'$'�' �`��# OWE MATE MMIOOIYYI NS 03117/94 r'w, •.,�:.'}�,$:}.,r.. t} y` "}4:�•3•°i.,. ,..• }:��;}' �i:,t f •.�!.yj r,� :,`4,<.'•. ?%:i �:'}5�`, ,;.r. }yr 1i },, -Yrl. • . 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LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ...................... ................................. ...........................................................................................................,......................................... .................................................................... .......... TYPE OF INSURANCE POLICY NUMBER : POLICY EFFECTIVE :POLICY DO'IAAT70N LIMITSLTR; DATE (MM/00" DATE (MM/DD/YY) GEXNERAL LIABILITY Gr-NERALAGGREGATE i 2.000,000 A NOA0112640.00 ': 12/1SA3 121%V4 COMMERCUILGENERALLIABILI Y :..RO ................•..•........."" ..................................... A E PRODUCTS-0O�AP/OP AGO. Y.Fr .;,y ..... ... i...................... I......................... ................................. <:•,'<„ CLAIMS MADE •. X.• CCCm : : PEFISONA L 6 ACV. INJURY `.. 1.Opp.00p ssa... ............ .... ........ :OWNER'S 3 CONTRACTORS PROL : : 1.000.000 i VCH OCCURRENCE i ...... ................. FIRE DAMAGE WW one fire) S 50.000 >........ ' ............................................... .................................................... : ......... : MINT. EXPENSE (Any orro person) 6,000 A AUTOMOBILE LIABILITY COMBINED Y NKA2S09372 (A\O) 1 5413 12/15M SINGLE %m.000 i iIT ANYAUM ,.........: NKA1629755 (TX}.............. ............................... ....................... ........ :••.•••..rAI10WNEDAU OS BODILY INJURY i :SCHEMXED AUTOS :per Pew X :.........:hIAED AUTOS ................................................................................ ` ` .� OILY IJ.JI.IRY }.........? ; Nw Axldenq i X NON -OWNED AUTOS 3........,:OAFWGELAABILITY : PROPERTY DAMAGE i � rI I F --------------- EXCESS LIABILITY a EACH OCCURRENCE <_ ;.......... : i........................................................ .UMBRELLA FORM :AGGREGATE REGNTE }! OTHER THAN UMBRELLA FORM �<•}:<:�:••I:,,•,, �,,,:�_ :'%�; } A MIORKERSCONPEHSATiON : NWA0112636.00(O\S) 12/15/93 : 1?/1S/ti4 `• grATUiORYUMITS RAID NWA0112639-00(CA) • EACH ACCIDENT ........................ 3:::::1000 000 •::::;::5: OL3FJISSFOUCY ................................. ...;..... .................... EMPLOYER'S UABILITY 6 1 ,000 LIMIT 2 .000 DISEASE EAOH EMPLOYEE k ..... :OTHER DESCRIPTION OF OPERATIONSAJOCATIONSNEHICLEWSPECIAL BENS CERTIFICATE HOLDER IS INCLUDED AS AN `ADDITIONAL INSURED' (EXCEPT WC) AND PROVIDED WITH A WAIVER OF SUBROGATION AS REOUIRED BY WRITTEN CONTRACT BUT LIMITED TO THE OPERATIONS , OF THE NAMED INSURED. ......y,}{ .x{.; :„.}: "':fi': ...b ........ : •. .. ,.r:.:::. - •: ;: ••}:: r}:.: •�r•:r:;:$:5:,�} i f t r:x •.. x:}f• :;: }::i is '::::;x T: T T':T::$$:c:$:oxf. `:;r. t, + :: f•: ,?,,,,.:,:� .x$.,•:.�,.}• ...t . .t,,,+.,•:: -: •»: •r::•Xh:.,•. �•r:.}: .,•}.•r.•..., . f { 4••.� 3 ...ft�::{ � • }}.�' .. rfc:•::•::::�.�•.:w.t•: �:•x,• :::::. -.: vru::?: •:r .: ��i I�i� 1tfw� f7� MiF� ..?iG:::::: ••::t•.� �•.,: ..:�I��wi.filf7.7.�::. �:::. '�'t i't \ :�,cr, :.t3.:.? 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No Text CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this I Otb day of March. 1994, by and between the City of Lubbock, County of r Lubbock, State of Texas, acting by and through David R Langston, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and DIS INDUSTRIAL SERVICES of the City of BEER PARK. County of HARRIS, and the State of TEXAS. hereinafter termed CONTRACTOR r r WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BED #12844 - CHEAUCAL CLEANING OF HOLLY AVENUE POWER PLANT - BOILERS 1 AND 2 FOR $85,830.29 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WiIEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. 1 � �[/ , . � ; _add■ i ATTEST: Corporate Secretary CONTRACTOR DIS MUSTRIAL SERVICES a ion of Hy em sndustrial Services, Inc. B TITLE: COMPLETE ADDRESS: P.O. Box 920 Deer Park, Texas 77536-0820 r i i �---� i L.�: i -u i_.___� L__._ L_ [__�_� [__�; C=___� L_� �--� i��,._a L.___� L_.:: L�_ L_� C_:: L--_ ." GENERAL CONDITIONS OF THE AGREEMENT OWNER Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall be understood r, to mean the person, persons, co -partnership or corporation, to -wit: 1DIS INDUSTRIAL SERVICES who has agreed to perform the work embraced in this contract, or to his or their legal representative. r" 0 Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to JAY WADSWORTH, PRODUCTION SUPERINTENDENT. 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, supervisor or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or men acting in behalf of the Contractor. The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Proposal, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for his inspection in accordance with the Notice to Bidders. S. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 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. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to him who gives the notice. 8. WORK Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense to him and he shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress of quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. He will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will he be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. His efforts will be directed towards providing assurances for the Owner that the completed project will conform to the requirements of the contract documents, but he will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. On the basis of his onsite observations, he will keep the Owner informed of the progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of the Contractor. 13. LINES AND GRADES All Imes 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 MM r 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative shall review all work included herein. He has the authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and disputes and to discourage litigation, it is further agreed that the Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under this contract. He shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The Owner's Representatives'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 providoJ. It is the intent of this Agreement that there shall be no delay in the execution of the work, therefore, written decisions or direction of the Owner's Representative as rendered shall be promptly carried out, and any claim arising therefrom shall be thereafter adjusted to arbitration as hereinafter provided. The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the Contractor a r written decision on all claims of the parties hereto and on all questions which may arise relative to the execution of the work or the interpretation of the contract, specifications and plans. Should the Owner's Representative fail to make such decision within a reasonable time, an appeal to arbitration may be taken as if his decision had been rendered against the party appealing. 15. SUPERINTENDENCE AND INSPECTION i^ It is agreed by the Contractor that the Owners Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within six (6) days make written appeal to the Owner's Representative for his decision. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of his agents or employees, or any other persons performing any of the work. r 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 arty way effect the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of this contract, shall effect or modify any of the terms or obligations herein contained. 18. CHARACTER OF WORKMEN The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform him in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or disorderly, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Observer has previously accepted the work through oversight or otherwise. If any work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. r If any work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approval, and any work which meets the requirements of arty such tests or approval but does not meet the r requirements of the contract documents shall be considered defective. Such defective work shall be corrected at the F Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under this agreement to make such inspections, tests, or approvals shall relieve the Contractor from his obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owners' Representative as unsuitable or not in conformity with plans, specification and contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work: so that it shall be in full accordance with this contract. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at �., Contractor's expense. s ` 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work r as shown on the plans and specifications or contract documents and not covered by Contractor's proposal, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however., to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the actual field cost of the work, plus fifteen (15%) per cent. 7 In the event said extra work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, -teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workmen's Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed 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 than five days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. r' 4 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC The Contractor shall take out and procure a policy or policies of Workmen's Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workmen's Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend, �•+ indemnify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or claims of any j character whatsoever, brought for or on account of any injuries or damages received or sustained by any person or persons or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the execution and supervision of said contract, and the project which is the subject matter of this contract, on account of the failure of Contractor or any subcontractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment with costs which may be obtained against the Owner or any of its officers, agents, or employees including attorney's fees. The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as an Independent Contractor, inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the r Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of his duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of his subcontractors. r" 28. CONTRACTOR'S INSURANCE The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A. Comprehensive General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $500,000 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury (with exclusion "c" waived) The City is to be named as an additional insured on this policy for this specific job, and copy of the endorsement r„ doing so is to be attached to the Certificate of Insurance. B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. The Contractor shall obtain an Owner's Protective or Contingent Public Liability Insurance policy naming the City of Lubbock as insured and the amount of such policy shall be as follows: For bodily injuries, including accidental death and or property damage, $500,000 Combined Single Limit. C. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $500.000 Combined Single Limit, to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance The Contractor shall obtain a Builder's Risk policy in the amount of (100% of 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 500 000 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. Worker's Compensation and Employers Liability Insurance Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000 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.' jr 4 (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. r 29. DISABLED EMPLOYEES rContractors having more than 15 employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and !^` other terms, conditions, and priviliges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN, AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, rpower 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 rernain unpaid, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness. Any and all communications between any party under this paragraph must be in writing. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or Owner thereof. The Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harmless 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. r" 32. LAWS AND ORDINANCES 6 G The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner effect the contract or the work, and shall indemnify and save harmless the Owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners' r Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. r If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, he shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. ASSIGNMENT AND SUBLETTING The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this contractual agreement. 34. TIME FOR COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the Notice to Proceed. If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $100.00 (One Hundred) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every calendar day that the Contractor shall be in default after the time stipulated for completing the work. It is expressly understood and agreed, by and between Contractorand the Owner, that the time for the completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic change and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sustain, and the amount is agreed to be damages the Owner would sustain and shall be retained by the Owner from current periodical estimates for payments or from final payment. It is further agreed and understood between the Contractor and Owner that time is of the essence of this contract. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the proposals; provided, also, that when the Owner is having other work done, either by contract or by his own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor proposes to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. EXTENSION OF TIME The Contractor agrees that he has submitted his proposal in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 33 hereinabove set forth and that he shall not be entitled to, nor will he request, an extension of time on this contract, except when his work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for an extension of time, submitting therewith all written justification as may be required by Owner's Representative for such an extension as requested by Contractor. The Owner's Representative within ten (10) days after receipt of a written request for an extension of time by the Contractor supported by all requested documentation shall then submit such written request to the City Council of the City of Lubbock for their consideration. Should the Contractor disagree with the action of City r., Council on granting an extension of time, such disagreement shall be settled by arbitration as hereinafter provided. F 37. HINDRANCE AND DELAYS r" In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays in securing material or workmen or otherwise. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid r 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, e ° 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 Punished on the project. ! 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, 7 which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any t damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the Owner against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the existence or character of the work. 40. PRICE FOR WORK t In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the ^ Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all r 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. 44. FINAL PAYMENT Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final measurement and prepare a final statement of the value of all work performed and materials furnished under the terms of the agreement, and shall certify same to the Owner, who shall pay to the Contractor on or before the 31 st day after the date of certificate of completion, the balance due Contractor under the terms of this agreement, provided he has fully performed his contractual obligations under the terms of this contract; and said payment shall become due in any event upon said performance by the Contractor. Neither the certificate of acceptance nor the final payment, nor any provisions in the'contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the special conditions (if any) of this contract or required in the specifications made a part of this contract. 45. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK Contractor shall promptly remove from Owners' premises all materials condemned by the Owner's Representative on account of failure to conform to the contract, whether actually incorporated in the work or not, and Contractor shall at his own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. 46. CORRECTION OF WORK AFTER FINAL PAYMENT Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for 7 faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of substantial completion. The Owner or the Owner's Representative shall give notice of observed defects with reasonable promptness. 7 47. PAYMENT WITHHELD i r The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to i such extent as may be necessary to protect himself from loss on account of: (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. 48. TIME OF FILING CLAIMS It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) days after the Owner's Representative has given any 7 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 r' and the Owner in writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any claim by either party, except where noted otherwise in the contract documents. 49. ARBITRATION i. All questions of dispute under this agreement shall be submitted to arbitration at the request of either party to the dispute. The parties may agree upon one arbitrator, otherwise, there shall be three; one named in writing by each party and the third chosen by the two arbiters selected; or if the arbiters fail to 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 Owner's 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, et seq., Vernon's Annotated Civil Statutes. THE DECISION OF THE ARBITERS UPON ANY r� 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 Owner's Representative, when such orders are consistent with this contract, this Agreement, or the Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. However, should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and I q 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, 7 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 G . 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 r site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be r 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 r" 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 BY OWNER In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the r work, and may remove therefrom all machinery, tools, and equipment, and all materials on the ground that have not been included in payments to the Contractor and have not been incorporated into the work. Thereupon, the Owner's Representative shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Contractor at the prices stated in the the attached proposal, the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the whole work to completion, and which cannot be utilized. The Owner's Representative shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this Agreement, and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this Agreement. e 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. LOSSES FROM NATURAL CAUSES Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the same, or from unusual r 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. r PM I CURRENT WAGE DETERMINATIONS Resolution #2502 ` January 8, 1987 Agenda Item #18 OGV:da �- RESOLUTION WHEREAS, the City Council has heretofore established the general prevailing rate of per diem wages for each craft or type of workmen or mechanics needed to execute public works contracts for the City of Lubbock in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and r 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. 'Ranettc-Boyd, City Secretary r � APPROVED T ONTENT: I1, Bi 1 P yne, D rector of Building Services B.C. McMINN, MAYOR APPROVED AS TO FORM: Do ld G. Vandiver, First Assistant City Attorney r- EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates — Craft Hourly Rate Acoustical Ceiling Installer Air Conditioner Installer Air Conditioner Installer -Helper Bricklayer Bricklayer -Helper Carpenter _. Carpenter -Helper Cement Finisher Drywall Hanger Electrician Electrician -Helper Equipment Operator - Heavy Light Floor Installer Glazier Insulator, Piping/Boiler Insulator -Helper Iron Worker Laborer, General Mortar Mixer Painter Plumber Plumber -Helper Roofer Roofer -Helper Sheet Metal Worker Sheet Metal Worker -Helper Welder - Certified $11.60 8.35 5.50 10.50 5.00 _ 11.00 5.50 7.35 - 8.70 10.50 5.25 8.00 5.70 _ 8.00 7.50 9.50 5.00 7.30 4.75 5.60 — 8.75 9.25 6.00 7.65 4.75 8.75 5.50 8.00 EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Craft Hourly Rate Asphalt Heaterman $5.25 Asphalt Shoveler 4.75 Concrete Finisher 7.35 Concrete Finisher -Helper 4.75 Electrician 10.50 Flagger 4.75 Form Setter 6.50 Form Setter -Helper 5.50 Laborer, General 4.75 Laborer, Utility 5.80 Mechanic 6.50 Mechanic -Helper 6.00 POWER EQUIPMENT OPERATORS Asphalt Paving Machine 6.00 Bulldozer 5.25 Concrete Paving Machinist 6.50 Front End loader 5.85 Heavy Equipment Operator 6.40 Light Equipment Operator 6.40 Motor Grade Operator. 8.00 Roller 5.25 Scraper 5.25 Tractor 5.50 Truck Driver - Light 5.25 Heavy 5.25 r t EXHIBIT C Electric Construction Trades Prevailing Wage Rates Craft Hourly Rate Power Line Foreman $11.00 Lineman Journeyman 10.45 Lineman Apprentice Series 890 Groundman Series 7.25 EXHIBIT Q 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. _ F SPECIFICATIONS II Specifications For Chemical Cleaning of Holly Boiler # 1 and Holly Boiler #2 LUBBOCK POWER & LIGHT ELECTRIC PRODUCTION DEPARTMENT Holly Avenue Power Generating Station 3500 E. Slaton Highway Lubbock. Texas January 1994 Scope: To provide chemicals, labor, material, and equipment necessary to chemically clean both steam generators located at the Holly Avenue Generating Station 3500 East Slaton Highway Lubbock, Texas Steam Generator Data: Holly #1 Manufacturer - Riley Stoker Corporation Year Erected - 1964 Contract Number - B2548 Steam Generating Capacity Max - 450000 lbs. steam/hr. Operating Temperature - 955 F Operating Pressure - 1300 psig Design Pressure - 1550 psig Approximate Water Capacity to Normal Water Level - 69584 lbs or 8698 gals. Approximate Water Capacity for Hydrostatic Test - 126584 lbs. or 15823 gals. Holly #2 Manufacturer - Foster Wheeler Energy Corporation Year Erected - 1977 - 1978 Contract Number - 3-78-2639 Steam Generating Capacity Max - 512186 lbs. steam/hr. Operating Temperature - 955 F Operating Pressure - 1300 psig Design Pressure - 1570 prig Approximate Water Capacity to Normal Water Level 112650 lbs or 14081 gals. Approximate Water Capacity for Hydrostatic Test - 147730 lbs. or 18466 gals. General Procedures Holly #1 Prior to filling the Holly # 1 boiler with cleaning chemicals the _ boiler will be filled with condensate and fired to a temperature of 200 F to 300 F. The Contractor shall provide enough chemicals to remove 250 lbs of copper with additional standby chemicals enough to remove another 250 lbs of copper. The Contractor shall take all necessary precautions to protect the superheater from any chemical migration. The Contractor shall drain the boiler completely and refill a minimum of four(4) time during the cleaning process. Lubbock Power & Light will pay for transportation and stand by charges on the chemicals not used. The contractor shall provide the following .• but not limited to: * Storage tanks * Pipes, hoes, tools * Pumps (pumps shall be large enough to fill the boiler in 90 minutes) * and any other materials/tools to complete the job Holly #2 Prior to filling the Holly # 1 boiler with cleaning chemicals the boiler will be filled with condensate and fired to a temperature of 200 F to 300 F. The Contractor shall provide enough chemicals to remove 250 lbs of copper with additional standby chemicals enough to remove another 250 lbs of copper. The Contractor shall take all necessary precautions to protect the superheater from any chemical migration. The Contractor shall drain the boiler completely and refill a minimum of fourM time during the cleaning process. Lubbock Power & Light will pay for transportation and stand by charges on the chemicals not used. The contractor shall provide the following but not limited to: * Storage tanks * Pipes, hoes. tools * Pumps (pumps shall be large enough to fill the boiler in 90 minutes) * and any other materials/tools to complete the job Type of Chemical The cleaning solution shall be EDTA or equivalent. No hydrochloric acid shall be used. Disposal of Waste The contractor shall provided for disposal of all cleaning waste. The contractor shall be required to meet all EPA rules and regulations concerning hazardous waste disposal. The Contractor shall make sure the boiler is thoroughly drained before starting a rinse procedure. Rinse water may be disposed of in the vinyl lined evaporation pond on site. The rinse water must be in the range of 7 to 9 ph. Proof of disposal at an EPA approved disposal site is required before payment will be made. 7" Date of Cleaning Holly #1 is to start March 21, 1994. Holly #2 is to start May 2. 1994. **** Note **** CURRENTLY AS PLUMBED IT TAKES 2.5 TO 3.0 HOURS TO GRAVITY DRAIN HOLLY #2 CURRENTLY AS PLUMBED IT TAKES 3.5 TO 4.0 HOURS TO GRAVITY DRAIN HOLLY #1 SPECIAL CONDITIONS r NOTICE OF ACCEPTANCE TO: The City of Lubbock, having considered the proposals submitted and opened on the day of 199_, for work to be done and materials to be furnished in and for: as set forth in detail in the Specifications, Plans, and Contract Documents for such work for the City of Lubbock; it appearing that your proposal is fair, equitable and to the best interest of said City, please take notice that said proposal was accepted by the City r. Council of the City of Lubbock on the day of 199 at the bid price contained therein, subject to the execution of and furnishing of all contract documents, bonds, certificates of insurance, and all other documents specified and required to be executed and furnished under the contract documents. It will be necessary for you to execute and furnish to the City of Lubbock all such documents within ten (10) days from your receipt of this Notice. The five percent (51/o) 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 r 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 r r"