HomeMy WebLinkAboutResolution - 4486 - Contract - Monitor Labs Inc - Continuous Emissions Monitoring Systems - 05_19_1994Resolution No. 4486
May 19, 1994
Item #16
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 Monitor Labs, Inc. of
Englewood, Colorado to furnish and install all materials as bid for the Continuous
Emissions Monitoring Systems 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
My copied herein in detail.
Passed by the City Council this 19 th day of May 1994.
ATTEST:.
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APPROVED AS TO CONTENT:
40-4
Victor & Purchasing Manager
APPROVED AS TO FORM:
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G. Vandiver, First
! Assistant City Attorney
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May 9. IW4
CITY OF LUBBOCK
SPECIFICATIONS FOR
CONTINUOUS EMISSIONS MONITORING SYSTEM
BID #12882
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CITY OF LUBBOCK
Lubbock, Texas
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Office of
Purchasing
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
BOB-767-2167
MAB,ED TO VENDOR: March 29,1994
OLD CLOSE DATE: March 31,1994 AT 2:00 P.M.
NEW CLOSE DATE: April 12,1994 AT 2:00 P.M.
BID #12882 - CONTINUOUS EMISSIONS MONITORING SYSTEM
ADDENDUM # 3
Please modify or amend Contract Documents as follows:
1. Please note the change of the bid closing from the old closing date of 3/31/94 at 2:00
PM to the NEW CLOSING DATE of APRIL 12,1994 at 2:00 PM.
2. Addendum #2, Item 1, should read: n
1. The emissions to be monitored are: U f
a. NOx
b. CO 19ga
C. CO2 r
All requests for additional information or clarification concerning this bid sho mitted inl,"iting
and directed to Ron Shuff eld, Senior Buyer. � r
PLEASE RETURN ONE COPY WITH YOUR BID
YO ,
Ron Shuffeld
Senior Buyer
1
City of Lubbock
P.O. Box 2000
Lubbock, Texas 7J457
806-767-2167
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MAILED TO VENDOR:
is OLD CLOSE DATE:
F NEW CLOSE DATE:
Office of
Purchasing
MARCH38,1994
MARCH 24,1994 AT 2:00 P.M.
MARCH 31,1994 AT 2:00 P.M.
BID #12882 - CONTINUOUS EMISSIONS MONITORING SYSTEM
ADDENDUM # 1
Please modify or amend Contract Documents as follows:
1. The bid closing date has been changed:
FROM: March 24, 1994 at 2:00 P.M.
TO: March 31, 1994 at 2:00 Phi
All requests for additional information or clarification concerning this bid should be submitted in writing
and directed to Ron Sheffield, Senior Buyer.
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PLEASE RETURN ONE COPY WITH YOUR BID
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Ron Shuffield
Office of
Purchasing
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
r 606-767-2167
MAILED TO VENDOR
March 25,1994
OLD CLOSE DATE:
March 24,1994 AT 2:00 P.M.
NEW CLOSE DATE:
March 31,1994 AT 2:00 P.M.
BID #12882 - CONTINUOUS EMISSIONS MONITORING SYSTEM
ADDENDUM # 2
Please modify or amend Contract Documents as follows:
1. The emissions to be monitored are:
a. NOx
b. CO
c. 02
2. The emissions not to be monitored are:
a. S02
b. flow rate
3. The levels of the flue gas components are as follows:
Holly #1
NOx -.2 lbslivMMTU (168 ppm)
CO - 75 to 100 ppm
02 - 1.0%
Holly #2
NOx -.2 lbs&9,4BTU (168 ppm)
CO - 400 to 450 ppm
02 - 1.5%
All request for additional information or clarification concerning this bid should be submitted in writing
and directed to Ron Shuffield, Senior Buyer.
ZRon
YOU/
Shuffield
Senior Buyer
PLEASE RETURN ONE COPY WITH YOUR BID
CITY OF LUBBOCK
REQUEST FORBIDS
FOR
TITLE: CONTINUOUS EMISSIONS MONITORING SYSTEM
ADDRESS: LUBBOCK, TEXAS
BID NUMBER: 12882
PROJECT NUMBER: 2111-522101-7311
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
INDEX
NOTICE TO BIDDERS
GENERAL INSTRUCTIONS TO BIDDERS
BID PROPOSAL - BID FOR LUMP SUM CONTRACTS
PAYMENT BOND
PERFORMANCE BOND
CERTIFICATE OF INSURANCE
CONTRACT
GENERAL CONDITIONS OF THE AGREEMENT
CURRENT WAGE DETERMINATIONS
SPECIFICATIONS
SPECIAL CONDITIONS
NOTICE OF ACCEPTANCE
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NOTICE TO BIDDERS
BID #12882
Sealed bids addressed to Ron Shuffield, Senior Buyer, City of Lubbock, Texas, will be received at the office of the
Purchasing Manager, Municipal Bldg., 162513th St., Room L-04, Lubbock, Texas, 79401, until 2:00 o'clock P.m.- on the 24th day
of March,1994, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform
a— all work for the construction of the following described project:
I
CONTINUOUS EMISSIONS MONITORING SYSTEM
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 14th day of Anril,1994, at the Municipal Building, 1625 13th Street,
I 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 1001/o 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 $ or rior as the rating of the
bond company is a factor that will be considered in determination of the lowest responsible bidder. If the contract price does not
exceed $25,000.00 the said statutory bonds will not be required.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check
issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to
the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder
will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him
It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions
r` 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
t ( for the City of Lubbock, Lubbock, Texas.
'Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the
contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to
{ in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the
requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as
heretofore established by owner in said wage scale.
W.
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 17 th day of March,1994, at 10:00 o'clock am. in the Personnel Conference Room
108, 1625 13th Street, Lubbock, Texas.
The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid
openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible
format or if you require assistance, please contact the Purchasing Department at (806) 767-2167 (Monday -Friday, 8:00 - 5:00 p.m.)
or 1625 13th Street Room L-04 at least 48 hours in advance of the meeting.
CITX OF LUBPOCK
RON S
SENIOR BUYER
7
ADVERTISEMENT FOR BIDS
BID # 12882
FSealed 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
r., 24th day of March,1994, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and
11 perform all work for the construction of the following described project:
CONTINUOUS EMISSIONS MONITORING SYSTEM
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.
7 Attention of each bidder is particularly called to the Schedule of General Prevailing Rate of Per Diem Wages included in the
1 , 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
PM 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 March,1994, at 10:00 a.m., in the Personnel Conference Room 108,
�'" 1625 13th Street, Lubbock, Texas.
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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.
GENERAL INSTRUCTIONS TO BIDDERS
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GENERAL INSTRUCTIONS TO BIDDERS
1. SCOPE OF WORK
The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this
project in accordance with contract documents for the CONTINUOUS EMISSIONS MONITORING SYSTEM.
2. CONTRACT DOCUMENTS
All work covered by this contract shall be done in accordance with contract documents desenbed in the General Conditions.
All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction
of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents.
3. PLANS FOR USE BY BIDDERS
It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the
contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge of
forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders.
4. TDAE AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed within 120 (One Hundred Twenty)
consecutive calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful
bidder.
The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City
reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract
documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the
progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take
such action as the City deems necessary to insure completion of the project within the time specified.
S. PAYMENT
1,1 All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract
documents.
6. AFFIDAVITS OF BILLS PAID
.� The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an
affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by
the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been
notified.
! ; 7. MATERIALS AND WORKMANSHIP
The intent of these contract documents is that only materials and workmanship of the best quality and grade will be
furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor
of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the
project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full
responsibility of complying with this provision. The specifications for materials and methods set forth in the contract
documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project.
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 finallal¢agAinthatttHa ao�actor
as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock).
9. PLANS FOR THE CONTRACTOR
The contractor will be furnished one set of plans and specifications, and related contract documents for his use during
construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The
Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for
proper prosecution of the work contemplated by the Contractor.
10. PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies,
machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the
work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its
certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract
has been awarded, to require of a bidder the following information:
(a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the proposed
contract and all work in progress with bond amounts and percentage completed.
(b) A sworn statement of the current financial condition of the bidder.
(c) Equipment schedule.
11. TEXAS STATE SALES TAX
This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04
of the Texas Limited Sales, Excise and Use Tax Act.
The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be
incorporated into the work without paying the tax at the time of purchase.
12. PROTECTION OF SUBSURFACE LINES AND STRUCTURES
It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to
exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground
structures which might or could be damaged by Contractor during the construction of the project contemplated by these
contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines
and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities
aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work
contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas,
at Contractor's expense.
13. BARRICADES AND SAFETY MEASURES
The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take
such other precautionary measures for the protection of persons, property and the work as may be necessary. The
Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and
when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost
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.
i 14. EXPLOSIVES
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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.
r 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.
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P' 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. rNSURANCE
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
p•. Contractor to the effect that no work on this particular project shall be subcontracted.
d 17. LABOR AND WORKING HOURS
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these
contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of
general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the
requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above
mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem
wages in these contract documents does not release the Contractor from compliance with any wage law that may be
applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays
unless the following conditions exist:
(1) The project being constructed is essential to the City of Lubbocles 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).
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t 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.
(f) 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.
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BID PROPOSAL
LUMP SUM PROPOSAL CONTRACT
PLACE: Englewood, CO
DATE: April 11,1994
PROJECT NUMBER 12882 - CONTINUOUS EbIISSIONS MONITORING SYSTEM
Proposal of Monitor Labs, Inc (hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction of a Continuous Emissions
71
Monitoring System
b
having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract
documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the
proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies, and to
construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the
price stated below. The price to cover all expenses incurred in performing the work required under the contract documents.
MATERIALS: One Hundred Sixty Thousand, Eight hundred Sixty Doll4fs $160,860.00 )
SERVICES:Eighty-Nine Thousand, One hundred Thirty -Six Dollars ($$ 89,136.00 )
TOTALBID: Two hundred forty-nine thousand, nine hundred ninety $249,996.00 )
six dollars
(Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.)
II
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 J20 (One Hundred Twenty) consecutive calendar days thereafter as
stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages
the sum of 5100.00 (ONE HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth hereinabove for
completion of this project, all as more fully set forth in the general conditions of the contract documents., including Monitor
Labs Exceptions and Clarifications.
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.
r. 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.
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The undersigned Bidder hereby declares that he has visited the site of the work and has mrcWy 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 proud, and to substantially complete the work on which he has bid; as provided in
r• the contract documents.
Bidders arc 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 N/A
Dollars (S n nn ) or a Proposal Bond in the sum of 5% of the total bid Dollars (S ).
which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the
Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within
ten (10) days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or 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.
Monitor Labs , —Inc.
Contracto(r`—�
BY:
Allan Budd, President
(Sea] ir Bidder is a Corr:oration)
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ecretary
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LIST OF SUBCONTRACTORS
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Yes No
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BID BOND
Conforms with The Americen Institute of Architects,
A.I.A. Document No. A-310
KNOW ALL BY THESE PRESENTS, That we, MCNI TOR LABS, INC.
74 INVERNESS DRIVE EAST
ENGLEWOOD, CO 80112-5189 as Principal, hereinafter called the Principal,
andthe WASHINGTON INTERNATIONAL INSURANCE COMPANY ,
Of AR I ZONA , a corporation duly organized under
the laws of the State of AR I ZONA , as Surety, hereinafter called the Surety, are held and firmly bound unto
CITY OF LUBBOCK as Obligee, hereinafter called the Obligee,
in the aura of FIVE PERCENT OF TOTAL AMOUNT BID - - - - - - - - - - - - - - - - - - - - - - - -
Dollars ($ - - - -15%- - - - ), for the payment of which sum well and truly to be made, the said Principal and the said
Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for CONTINUOUS EMISSIONS MONITORING SYSTEM
BID NO. 12882
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with
the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or
Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt
payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter
such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty
hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract
with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain
in full force and effect.
Signed and sealed this 31ST day of MARCH , 1994 .
MONITOR LABS. INC. (Seal)
era Principal
Witness
Cf�U
Title
' WAS ING N INTER ATIONAL
.�.Y,'''���•- e� - INS RAN E COMPAN
Witness By
\ _ _ 444n�nnes-n-l:an4
r SG-54/EP 2/91 PRINTED IN U.S.A.
f
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Cer►e ra l
WASHiNGTON INTERNATIONAL INSURANCE COMPANY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTSs That the Washington international Insurance Cornpony,s corporation organized and
existing under the laws of the State of Arizona, and having Its principal office in the Village of Schaumburg,
Illinois, does hereby constitute and appoint
0 " D041 R. BROYLES, DILYNH GUERN, PAMELA J. HANSEN A A
* LISA M. LOEFFLER, ANN MITCHELL, CATHERiNE S. SELLiTTO AND KATIIRYK K. SHANKS •
Its true and lawful attorney(c)-In-fact, to execute, seal and deliver for and on Its behalf as surety, any and all
bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory In tine nature thereof,
which are or may be allowed, required, or permitted by law, statute, rule, regulation, contract or otherwise, and
the execution of such instruments) In pursunnce of these presents, shall be as binding upon the said Washington
international Insurence Company as fully and amply, to all Intents and purposes, as If the same Ines been duly
executed and acknowledged by its President at its principal office.
This Power of Attorney shall be limited in amount to S2,000,000.00 for any single obligation.
This Power of Attorney Is Issued pursuant to authority granted by the resolutlom of the Board of Directors adopted
March 22, 1978, July 3, 1980 and October 21, 1V86 which reed, in part, as followcs
1. The President may designate Attorneys - In - Fact, and authorize them to execute on behalf of the Company, and
attach the Seal of the Company thereto, bonds, and undertakings, reeognizancee, contracts of indemnity and other
writings obligatory in the nature thereof, and to appoint Special Attorneys -In -Fact, who are hereby authorized to
certify to copies of any power -of -attorney issued in pursuant to this section and/or any of the By -Laws of the
Company, and to remove, at any time, any such Attorney -in -Fact or Special Attorney -in -fact and revoke the authority
given his+."
2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer
and Secretary, and the corporate seal of the Company, may be affixed to any Power of Attorney, certificate, bond or
undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate bond or undertaking bearing
such facsimile signature or facsimile seal affixed In the ordinary course of business shall be valid and binding
upon the company.
r IN TESTIMONY WHEREOF, the Washington International Insurance Company has caused this Instrument to be signed and Its
s corporate seal to be affixed by its authorized officer, this 15th day of March, 1993.
WASH CION IN NATIONAL iNSURANCE COMPANY
a
on, Vice Pret dent
r�" : cot�PORATE : E
STATE OF iltl �fi � AA n if
T— )• a.
COUNTY OF C
• ARtIONA
` on this 15th d+ dPeh-,•'t� fore are comic the .-.Individual who executed the preceding Instrument, to are
personally known, brTinp},�ws"duly sworn, said that he Is the therein described and authorized officer of the
Washington Internet �L�1.4T11t a Company; that the sent affixed to said Instrument is the Corporate Seal of said
Company;
IN TESTIMONY WHEREOF, i have hereunto set wry hand and affixed wry Official Seal, the day and year first above
written. _
''OFFICIAL SEAL" 'V
CHiLISTINE ZARETSKY thristine Zerettky, Notpry Publif
Nolaty PebGt, Slate of Illinois My Commission Extee tober 7, 996
Mr Commission Expires 10-7-996 ��TE
STATE OF 1LCI ON iS j
COUNTY OF COOK )
1, the undersigned. Secretary of WASHiNGTON INTERNATIONAL INSURANCE COMPANY, an ARiZONA Corporation, to HEREBY
fl CER71FT that the foregoing and attached POWER OF ATTORNEY remains In full force and has not been revoked, and
furthermore that Article III, Section S of the By -Laws of the Corporation, and the Resolution of the Board of
Directors, set.torth In the Power of Attorney, are win force.
VIM
SIF*d and sealed In the County of Cook. Dated 1st of h , 19 94 .
�.. Lewis M. Moeller, secretary
a
F- BOND NO. BNS 145 19 76
STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL. STATUTES OF TEXAS
AS AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION,
1959
KNOW ALL MEN BY THESE PRESENTS, that MONITOR LABS, INC. (hereinafter called the Principal(s), as
Principal(s), and
THE CONTINENTAL INSURANCE COMPANY
(hereinafter called the Sure i
as Sure s are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in
the amount of�n�t Ml oo--- Dollars (5 249,996.00 ) lawful money of the United States for the
.payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,
jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 19th day of
May , 1994 . to
Continuous Emissions Monitoring System
and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the
amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at
length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all
claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for In said contract, then,
this obligation shall be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes
of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in
accordance with the provisions of said Article to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 25th day of
May 19 94 .
TW CONnNF.NTAT. _TNSQRMCP COMPANY
r Surety —
BOND CHECK _
BEST RATING
LICENSED IN TEXAS
(Title) Pi a Hansen DATE G ( BY
Attorney —in —fact
MONITOR LABS, INC.
Principal
(Title) P w �. a
By:
(Title)
By:
(Title)
r
The undersigned surety company represents that it is duty qualified to do business in Texas, and hereby designates
Howard Cowan an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service
of process may be had in matters arising out of such suretyship.
THE CONTINENTAL INSURANCE COMPANY
Surety
fly:
(Tide) P ela J. Hansen -
Attorney -in -fact
Approved as to form:
City of bbock
fly: 94
ity Attorney -
« Note: If signed by an officer ofthe Surety Company there must be on file a ccrtified extract from the by-laws showing that this
person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. _
The Continental Insurance. Cmmnanv
l i GENERAL POWER Of ATTORNEY
Know all men by these Presents, That THE CONTINENTAL INSURANCE COMPANY has made, constituted
and appointed, and by these presents does make, constitute and appoint
Pamela J. Hansen of Denver, Colorado
J its true and lawful attorney, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings
and contracts of suretyship to be given to
�+ All Obligees
provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of
Five Million (5,000,000) Dollars
r., This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by
the Board of Directors of the Company on the 13th day of January, 1989:
r
I
"RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board, the President, an Executive Vice President or a Senior Vice President or a Vice President of the
Company, be, and that each or any of them is, authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the
Company, bonds, undertakings and all contracts of suretyship; and that an Assistant Vice President, a Secretary or an Assistant Secretary be, and that each or any of them hereby is,
authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company.
FURTI IER RESOLVED, that the signatures of such officers and lire seat of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by
facsimile, and any such Power of Altorney or cenificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future
with respect w any bond, undenaking or contract of suretyship to which it is attached."
In Witness Whereof, THE CONTINENTAL INSURANCE COMPANY has caused its official4gal to be hereunto affixed, and IF�e3se presents
to be signed by one of its Vice Presidents and attested by one of its Assistant Secretaries this day of August , 19
U'U."
1• H. Tanner, Vice President
STATE OF CONNECTICUT 1
COUNTY OF HARTFORD
THE CONTINENTAL INSURANCE COMPANY
By
Matthew Klimczak, Vice President
On this 31 day of August 1993, before me personally came Matthew Klimczak, to me known, who being by me duly sworn,
dirt depose and say that he is a Vice President of THE CONTINENTAL INSURANCE COMPANY, the corporation described in and which
executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate
seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order.
,oWl.
. SE
NOTARr
i.G4J N • �-�%�
rt GLORN D. SEEKINS
NOTARY PU44 Uary 31, 1998
CERTIFICATE My Commission Expires
1011 I, the undersigned, an Assistant Secretary of THE CONTINENTAL INSURANCE COMPANY, a New Hampshire corporation, DO HEREBY
CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore That the
Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force.
Signed and sealed at the town of Farmington, in the State of Connecticut. Dated the 25th day of May 1994
„ �Y!!r,•;' W. W. Cowling, Assistant Secretary
Nint4,41 in U S.A.
71
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BOND NO. BNS 145 19 76
STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS AS
AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION 1959
MONITOR
KNOW ALL MEN BY THESE PRESENTS, that i.ASS, INC. (hereinafter called the Principal(s), as Principal(s), and
THE CONTINENTAL INSURANCE COMPANY
Al
(hereinafter called the Surety(s), as Sure (s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in
the amount of '-HRH m°,I o np-_ Dollars ($49,996.00 l lawful money of the United States for the
payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,
jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 1gt#ay of
l!Iav" , 19a4to
Continuous Emissions Monitoring System
and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the
amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at
length herein. `
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION -IS SUCH, that if the said Principal shall faithfully
perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise
to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes
of Texas as amended by Acts of the 56th Legislature, regular session I959, and all liabilities on this bond shall be determined in
accordance with the provisions of said article to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this Instrument this25tlday of
May . 19 94.
n1l WNTI1�tdTAL INSURANCE COMPANY
Surety
BOND CHECK _
4 By: EST RATING
Title) am la 3. sen, ttorney-in-fact
LICENSEP IN TEXAS
DATE ley BY ..�
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MONITOR LABS, INC.
Principal By:, r
P4-1:2 ,- .
(Title) P 4- C
By:
(Title)
By. (Title)
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates
Howard Cowanan agent resident in Lubbock County to whom any requisite notices may be delivered and on whom Service of
process may be had in matters arising out of such suretyship.
THE CONTINENTAL INSURANCE COMP
Surety
*By:
(Title) Pam a J. Hansen
Attorney —in —fact
Approved as to Form
City of bock --
ey:
ity Xtt ey _
* Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing than this
person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files.
I
Fil
CERTIFICATE OF INSURANCE
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A/a011:10. CERTIFICATE OF INSURANCE ISSUW727A 94YY)
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANE
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICA
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY TI
Willis Corroon Corp. of NY, Inc.
7 Hanover Square
New York, NY 10004
f INSURED
Monitor Labs, Inc.
74 Inverness Drive East
Englewood, Co 80112
Attn: Phyllis Green
COMPANIES AFFORDING COVERAGE
OMPAN A National Union Insurance Company
LETTER
OMPA Y B A. I. G.
LETTER
COMPANY
LETTER C
COMPANY D
LETTER
COMPANY E
LETTER
I COVERAGES
i THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
1'�
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
�LTR DATE (MMIDD/YY) DATE (MMIDDIYY)
GENERAL LIABILITY
GENERAL AGGREGATE
$ L, 0 0 0, U I
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A X COMMERCIAL GENERAL LIABILITY
CGL3 810 9 6 8
4/30/94
5/ 1/ 9 5 PRODUCTS.COMWOP AGG.
$ 1,000,01
CLAIMS MADE XOCCUR.
PERSONAL 3 ADV. INJURY
S 1,000, 01
OWNER'S & CONTRACTOR'S PROT.
EACH OCCURRENCE
$ 1,000, 0 (
r,
FIRE DAMAGE (Any one (lrs)
S 50, 0 (
MED. EXPENSE (Any one person)
S 10, 0 (
AUTOMOBILE LIABILITY
A X ANY AUTO
3810417
4/30/94
COMBINED SINGLE
5/1/95 LIMIT
$ 1,000,0C
X ALL OWNED AUTOS
BODILY INJURY
S
X SCHEDULED AUTOS
(Per person)
HIRED AUTOS
BODILY INJURY
S
NON -OWNED AUTOS
(Per accident)
GARAGE LIABILITY
PROPERTY DAMAGE
S
B EXCESS LIABILITY
2300021
4/30/94
5/ 1/ 9 5 EACH OCCURRENCE
s 5, 000, 0 C
j
X UMBRELLA FORM
AGGREGATE
$ 5, 000, O C
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION
STATUTORY LIMITS
A
WC3810962
4/30/94
5/1/95 EACHACCIDENT
$ 1, 000, 0C
AND
DISEASE —POLICY LIMIT
$ 1,000,0C
EMPLOYERS' LIABILITY
DISEASE —EACH EMPLOYEE
$ 1,000,0(
OTHER
DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLES/SPECIAL ITEMS
The Cerificate Holder is
added as additional
insured with
respect to liability
�^
I
rising out of the operations of the named insured.
i CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
City of Lubbock MAIL /0 DAYS -WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
Lubbock, Texas LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON TH OMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHO IZED REPRESENTATIVE
� t"" V V
ACORD 25-S (7190) CACORD CORPORATION 1991
No Text
7 CONTRACT
P7 STATE OF TEXAS
COUNTY OF LUBBOCK
7
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THIS AGREEMENT, made and entered into this 19th day of VMaL 1994, by and between the City of Lubbock, County of
Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred to as
OWNER, and MONITOR LABS, INC. of the City of Englewood, County of Arapahoe, and the State of Colorado hereinafter
termed CONTRACTOR
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed
by the OWNER and under the conditions expressed in the bond gearing even date herewith (if any) the CONTRACTOR hereby
agrees with OWNER to commence and complete the construction of certain improvements described as follows:
BID #12882 - CONTINUOUS EMISSIONS MONITORING SYSTEM FOR S249,996.00
and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost
and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories
and services necessary to complete the said construction in accordance with the contract documents as defined in the General
Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given
to him and to substantially complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the
proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on
account thereof as provided therein.
IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the
year and day first above written.
1 APPROVED AS O FORM:
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CONTRACTOR
COMPLETE ADDRESS:
74 Inverness Drive East
Englewood, Colorado 80112-5189
GENERAL CONDITIONS OF THE AGREEMENT
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1. OWNER
GENERAL CONDITIONS OF THE AGREEMENT
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
3.
5.
6.
7.
Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall be understood
to mean the person, persons, co -partnership or corporation, to -wit: MONITOR LABS, INC. who has agreed to perform
the work embraced in this contract, or to his or their legal representative.
OWNER'S REPRESENTATIVE
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.
CONTRACT DOCUNMNTS
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.
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.
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.
S. 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 accordancewith 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
accordancewith the Contract Documents. On the basis of his onsite observations, he will keep the Owner informed of the
progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of the Contractor.
13. LINES AND GRADES
All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commencement of the
work contemplated by these contract documents or the completion of the work contemplated by these contract documents.
Whenever necessary, Contractor shall suspend his work in order to permit Owner's Representative to comply with this
requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation
therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades
will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or
removal by him, his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's
Representative at Contractor's expense.
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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 provided. It is the intent of this
Agreement that there shall be no delay in the execution of the work, therefore, written decisions or direction of the Owner's
Representative as rendered shall be promptly carried out, and any claim arising therefrom shall be thereafter adjusted to
arbitration as hereinafter provided.
The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the Contractor a
written decision on all claims of the parties hereto and on all questions which may arise relative to the execution of the work
or the interpretation of the contract, specifications and plans. Should the Owner's Representative fail to make such decision
within a reasonable time, an appeal to arbitration may be taken as if his decision had been rendered against the party
appealing.
15. SUPERINTENDENCE AND INSPECTION
It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time
such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the
materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is
done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance
required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The
Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so
appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying
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.
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17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of
the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of
equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions,
and all other matters which in any way effect the work under this contract. No verbal agreement or conversation with any
officer, agent, or employee of the Owner, either before or after the execution of this contract, shall effect or modify any of
the terms or obligations herein contained.
18. CHARACTER OF WORKMEN
The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required
under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform him in writing that
any man or men on the work, are, in his opinion, incompetent, unfaithful, or disorderly, such man or men shall be
discharged from the work and shall not again be employed on the work without the Owner's Representative's written
consent.
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and
completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also
understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials,
tools, equipment or machinery or any part of the work until it is finally completed and accepted.
The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's
Representative shall direct, and the sanitary conditions of the grounds in or about such structure shall at all times be
maintained in a manner satisfactory to the Owner's Representative.
20. SANITATION
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be
constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's
Representative and their use shall be strictly enforced.
21. OBSERVATION AND TESTING
The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the work. Contractor
shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location
wherever work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be
contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be
ready for such observation. Owner or Owner's Representative may reject any work found to be defective or not in
accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such
errors and regardless of whether Owner's Observer has previously accepted the work through oversight or otherwise. If any
work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's
Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being
fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make
observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require
Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons
competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such
tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other
applicable organization as may be required by law or the contract documents.
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22.
23.
24.
If arty work which is required to be inspected, tested, or approved is covered up without written approval or consent of the
Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for
observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by
the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests,
inspections or approval, and any work which meets the requirements of any such tests or approval but does not meet the
requirements of the contract documents shall be considered defective. Such defective work shall be corrected at the
Contractor's expense.
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's
Representative, or other persons authorized under this agreement to make such inspections, tests, or approvals shall relieve
the Contractor from his obligation to perform the work in accordance with the requirements of the contract documents.
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.
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
arty 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.
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 arty change, alteration or addition to the work
as shown on the plans and specifications or contract documents and not covered by Contractor's proposal, except as
provided under Changes and Alterations herein.
It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when
presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor
to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to
the Contractor for performing said extra work shall be determined by the following methods:
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.
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 1001/o, 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 (1511a) 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 fora 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 malting 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 EOUIPMENT
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.
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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
l 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
i pay any judgment with costs which may be obtained against the Owner or any of its officers, agents, or employees including
attorney's fees.
The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as an Independent
Contractor, inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the
Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the
Contractor of his duty and shall not be construed as any assumption of duty to supervise safety precautions by either the
Contractor or any of his subcontractors.
28. CONTRACTOR'S INSURANCE
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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
doing so is to be attached to the Certificate of Insurance.
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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.
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
E.
F.
G.
The Contractor shall obtain a Builder's Risk policy in the amount of (100% of potential loss) naming the
City of Lubbock as insured.
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.
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
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.
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r (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.
29. DISABLED EMPLOYEES
Contractors having more than 15 employees agree to comply with the Americans with Disabilities Act of 1990, and agree
not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to
job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and
other terms, conditions, and priviliges of employment.
30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF
MACHINERY, EQUIPMENT AND SUPPLIES
The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any demands of
subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof; equipment,
power tools, all suppliers, including commissary, incurred in the furtherance of the performance of this contract. When
Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated
have been paid, discharged or waived.
If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those
designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after
demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, withhold from the
unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to
discharge any such indebtedness.
Any and all communications between any party under this paragraph must be in writing.
31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or
process covered by letters patent or copyright by suitable legal agreement with the Patentee or Owner thereof. The
Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the
Owner harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be
responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer
or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate
design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harmless
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.
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32. LAWS AND ORDINANCES
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The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations,
which in any manner effect the contract or the work, and shall indemnify and save harmless the Owner against any claims
arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. If the
Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners'
�•�• Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work.
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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 Contractor and the Owner, that the time for the completion of the
work described herein is reasonable time for the completion of the same, taking into consideration the average climatic
change and conditions and usual industrial conditions prevailing in this locality.
The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and
extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sustain, and the amount is
agreed to be damages the Owner would sustain and shall be retained by the Owner from current periodical estimates for
payments or from final payment.
It is further agreed and understood between the Contractor and Owner that time is of the essence of this contract.
35. TRAE 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.
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36. EXTENSION OF TIME
The Contractor agrees that he has submitted his proposal in full recognition of the time required for the completion of this
project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has
considered the liquidated damage provisions of paragraph 33 hereinabove set forth and that he shall not be entitled to, nor
will he request, an extension of time on this contract, except when his work has been delayed by an act or neglect of the
Owner, Owner's Representative, employees of the Owner or other contractors employed by the owner, or by changes ordered
in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for
an extension of time, submitting therewith all written justification as may be required by Owner's Representative for such an
extension as requested by Contractor. The Owner's Representative within ten (10) days after receipt of a written request for
an extension of time by the Contractor supported by all requested documentation shall then submit such written request to
the City Council of the City of Lubbock for their consideration. Should the Contractor disagree with the action of City
Council on granting an extension of time, such disagreement shall be settled by arbitration as hereinafter provided.
37. HINDRANCE AND DELAYS
In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time herein
fixed, he has taken into consideration and made allowances for all hindrances and delays incident to such work, whether
growing out of delays in securing material or workmen or otherwise. No charge shall be made by the Contractor for
hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the
work is stoppod by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such
expense as in the judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to
Contractor.
38. - QUANTITIES AND MEASUREMENTS
'"' No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid
contents, number and weight only shall be considered, unless otherwise specifically provided.In the event this contract is let
on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other
�. contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the
estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract,
' they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their
proposals offered for the work. It is understood and agreed that the actual amount of work to be done and the materials to
be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this
contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the
Project.
39. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered,
which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any
damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on
account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the
Owner against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing
out of the performance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the
existence or character of the work.
T 40. PRICE FOR WORK
In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the
Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and
t 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
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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
faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work
resulting therefrom, which shall appear within a period of one (1) year from the date of substantial completion. The Owner
or the Owner's Representative shall give notice of observed defects with reasonable promptness.
47. PAYMENT WITHHELD
P K The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to
such extent as may be necessary to protect himself from loss on account of:
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence indicating possible filing of claims.
(c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor.
(d) Damage to another contractor.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which will
protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them.
}'!48. TIME OF FILING CLAIMS
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in
writing and filed with the Owner's Representative within fifteen (15) days after the Owner's Representative has given any
directions, order or instruction to which the Contractor desires to take exception. The Owners' Representative shall reply to
i such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal
from the decision of the Owner's Representative, any demand for arbitration shall be filed with the Owner's Representative
and the Owner in writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's
Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of
the final payment shall be a bar to any claim by either party, except where noted otherwise in the contract documents.
49. ARBITRATION
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
7 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
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
delivered to Contractor and his Surety, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the
balance due as reflected by said statement within 30 days after the date of certificate of completion.
In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the
cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor
and/or his Surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools,
materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to
complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner
within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the
site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the
t� Contractor and his Surety at the respective addresses designated in this contract; provided, however, that actual written
notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be
held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect
such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools,
materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale
maybe made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any
machinery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than the
Contractor or his Surety, to their proper owners.
,•t 51. ABANDONMENT BY OWNER
t' 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
rlwork, 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
j shown by said final statement as due the Contractor, under the terms of this Agreement.
52. BONDS
The successful bidder shall be required to furnish a performance bond and payment bond in acxordance with Article 5160,
Vernon's Annotated Civil Statutes in the amount of 1001/6 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.
r+
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
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 arty 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.
Cz� uz7-
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DGV:da
RESOLUTION
Resolution #2502
January 8, 1987
Agenda Item #18
WHEREAS, the City Council has heretofore established the general _
prevailing rate of per diem wages for each craft or type of workmen or
mechanics needed to execute public works contracts for the City of Lubbock
in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and
WHEREAS, such wage rates were established by Resolution No. 719
enacted February 12, 1981, updated by Resolution No. 1590 enacted February
23, 1984; and
WHEREAS, such rates need to be updated at the present time in order
to reflect the current prevailing rate of per diem wages; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the general prevailing rate of per diem wages for public works
.,contracts shall be as set forth in the following named exhibits, which
exhibits shall be attached hereto and made a part hereof for all intents
and purposes: .
Exhibit A: Building Construction'Trades
Exhibit B: Paving and Highway Construction Trades
Exhibit C: Electrical Trades
Exhibit D: Overtime Rate
Exhibit E: Weekend and Holiday Rate
Such wage rates are hereby found and declared to be the general prevailing
rate of per diem wages in all localities where public works are undertaken
on behalf of the City of Lubbock and such wage rates shall be included in
all public works contracts as provided by law.
Passed by the City Council this 8th day of January , 1987.
a'.
Ranettd.Boyd, City Secretary
APPROVED T ONTENT:
Bi 1 P yne, Dilrector of Building
Services
7.
B.C. McMINN, MAYOR
APPROVED AS TO FORM:
Do ld G. Vandiver, First
Assistant City Attorney
EXHIBIT A
City of Lubbock
Building Construction Trades
Prevailing Rates
Craft dourly Rate
Acoustical Ceiling Installer
$11.60
Air Conditioner Installer
8.35
Air Conditioner Installer -Helper
5.50
Bricklayer
10.50
Bricklayer -Helper
5.00
Carpenter
11.00
Carpenter -Helper
5.50
Cement Finisher
7.35
Drywall Hanger _
8.70
Electrician
10.50
Electrician -Helper
525
Equipment Operator -
Heavy
8.00
Light -
5.70
Floor Installer
8.00
Glazier
7.50
Insulator, Piping/Boiler
9.50
Insulator -Helper
5.00
Iron Worker
7.30
Laborer, General
4.75
Mortar Mixer
5.60
Painter
8.75
Plumber
9.25
Plumber -Helper
6.00
Roofer
7.65
Roofer -Helper
4.75
Sheet Metal Worker
8.75
Sheet Metal Worker -Helper
5.50
Welder - Certified
8.00
EXHIBIT B
Paving and Highway Construction
Prevailing Wage Rates
Craft
Asphalt Heaterman
Asphalt Shoveler
Concrete Finisher
Concrete Finisher -Helper
Electrician
Flagger
Form Setter
Form Setter -Helper
Laborer, General
Laborer, Utility
Mechanic
Mechanic -Helper
POWER EQUIPMENT OPERATORS
Asphalt Paving Machine
Bulldozer
Concrete Paving Machinist
Front End Loader
Heavy Equipment Operator
Light Equipment Operator
Motor Grade Operator.
Roller
Scraper
Tractor
Truck Driver -
Light
Heavy
Hourly Rate
$5.25
4.75
7.35
4.75
10.50
4.75
6.50
5.50
4.75
5.80
6.50
6.00
6.00
5.25
6.50
5.85
6.40
6.40
8.00
5.25
5.25
5.50
5.25
5.25
EXHIBIT C
Electric Construction Trades
Prevailing Wage Rates
Craft Hourly Rate
Power Line Foreman $11.00
Lineman Journeyman 10.45
Lineman Apprentice Series 8.90
Groundman Series 7.25
EXHIBIT D
Prevailing Wage Rates.
Overtime Rate
The rate for overtime (in excess of forty hours per week) is 1 1/2
times base rate.
EXHIBIT E
Prevailing Wage Rates
Weekend and Holiday Rate
The rate for weekend and holiday is.l 1/2 times base rate.
F
F
SPECIFICATIONS
F
17
DILUTION -BASED
CONTINUOUS EMISSIONS
MONITORING SYSTEM
SPECIFICATION
FOR
HARDWARE AND SERVICES
Intent of Specification
CEM System Equipment and Functions
CEM System Overview
CEM Components
Dilution Probe
Sample Transport Line _
CEM Main Analysis Cabinet
Wiring Specification
Programmable Logic Controller
Analyzers
Data Acquisition and Reporting System
Hardware Specification/Functions -
PLC/DAS Communications
Environmental Software
Specifications/Functions _
Data Reference
Data Integration and Screen Customization
.Alarms
Security
Networking
Upgrades
Specified On -Line Data Screens
Services
Turnkey Installation Services
Maintenance Contract
Installation Supervision
System Start Up
Training
Guarantee of Certification
Vendor Own and Operate Option
Maintenance Reduction Program
2
Continuous Emissions Monitoring System
Specifications
Intent of Specification
This specification defines general and specific design
criteria for a complete CEM system that will satisfy the
1990 Clean Air Act Amendments and related requirements while
allowing users flexibility and options for future expansion.
The specifications is intended to assist personnel
responsible for preparing, which will satisfy the Phase II
requirements of the 1990 Clean Air Act Amendments.
CEM System Equipment `alnd Functions
„�A�t'i� +ONS MO►Ii-�'�GiFI (T
The proposersystem shall include hardware and software
for both the gas sample collection/analysis function and
the data acquisition and management system, with associated
auxiliary equipment.
CEM System Overview
1. Each system shall be capable of extracting a diluted
sample, transporting the sample to a CEM cabinet, and
analyzing specified pollutant/diluent on concentrations of a
flue gas sample. All measurements shall be made on a wet
basis. Analyzer data from the CEM will be sent from a
dedicated Programmable Logic Controllers (PLC) located in
the CEM cabinet to a single remote Data Acquisition System
(DAS) for report generation and permanent data storage.
2. Analyzers shall be provided to measure oxides of
nitrogen (NOx) sulfur dioxide (S02). carbon dioxide (CO2)
and mass flow for carbon monoxide (CO).
3. A CEM system control unit shall be located in the CEM
cabinet and shall operate and control the CEM System.
System designed to control input/output (I/0) devices by the
DAS are not acceptable. At a minimum the control units
shall perform the following functions:
*Provide system calibration (including calibration error)
*Provide probe purge.
r.. Monitor the system status
�i
3
Provide malfunction warning alarms.
Accept analog signals from analyzers, transducers and other
indicators of specified plant operating parameters
Correct data for calibration drift
Correct data for pressure variation (dilution probe)
Perform short-term data storage.
Provide serial transmission of data to the DAS.
Time share sampling between Holly 1 and 2
CEM Components
The vendor shall supply standard off the shelf equipment and.
shall design, fabricate, furnish and assist in the install
of components to ease the Maintenance work load of the
following equipment:
_Dilution Probe
The probe shall perform three functions
to prepare the sample for analysis:
Sample extraction
The system shall use an air driven
aspirator to extract the sample from the
source (stack or duct). Pump shall not
be used for extraction.
Sample filtration
There shall be at least three levels of
sample filtration:
(1) The sample shall pass through a
particulate shedding sample probe
shield designed to accommodate a
heavy, -moisture, heavy -particulate
environment.
(2) A coarse particulate filter shall
be used at the probe tip.
(3) A fine particulate filter shall be
used to ensure that the sample is
free from interfering particulate
.when it reaches the analyzers.
4
Sample dilution
A critical orifice to control the sample
flow shall be installed at the tip of
the dilution probe. At sites where the
sample temperature will drop below
300'F, the sample probe shall be heated
to ensure that no condensate is formed in the.
critical orifice. After the sample has
passed through the critical orifice, it shall
be mixed with clean dry dilution air. .
Sample Transport Line
Each umbilical shall contain four tubes:
(1) sample transport; (2) dilution air
supply; (3) sequential measurement of
calibration gas, purge air and stack
pressure; and (4) a vacuum line for system
diagnostics.
CEM Main Analysis Cabinet (Enclosure)
Except for the probe, all fundamental
analyzer equipment shall be located in the
CEM Main Analysis Enclosure. The following
functions shall be performed inside the CEM.
Analysis Cabinet:
Ventilation
All vented gases shall be vented out of
the room and building.
System diagnostics
The hardware diagnostics shall include:
(1) Loss of power
(2) Dilution air supply quality
(3) Loss of dilution air
(4) Calibration gas levels (optional)
(5) Heat trace power supply (if
applicable)
(6) Heated probe power supply (if
applicable)
The above shall be constantly monitored
to provide either advance notice of
pending problems or recognition of an
operational component failure.
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Automatic calibration
To minimize the effect of long-term zero
and span drift in the analyzer, the
system controller shall periodically
initiate a calibration cycle.
At adjustable intervals, the
microprocessor shall energize the
appropriate valves to zero and span each
analyzer. When the analyzer readings
stabilize, the microprocessor shall
calculate pan drift value for each
analyzer and for each sample point. If
there is a significant measurement
deviation from the standard gas value,
an alarm that requires manual resetting
shall be generated.
Two, 150% industrial grade 1% air
compressors, skid mounted with 480 volt, 3
phase motor and all associated controls
necessary to effect automatic change over
when needed.
A conditioning system for the dilution
air sources shall be provided. The dilution
air source shall be instrument air. In
addition to removing particulate, oils, water
and any other foreign substances from the
dilution air source, the system shall also
remove all trace amounts of NOX, S02, CO2 and
moisture from the dilution air to a -40'F
dew point. An alarm shall be generated if
the moisture removal system allows the
dilution air to rise above this dew point.
6
Wiring Specification
Digital/Control Wiring:
*Gauge:
16 nominal weight
(Bs/100'): 9.68
*Stranding
19/29 sonic part
no.: 16-ACFZ-1929
*Insulation OD
(Min -Max):
0.077-0.081
*Insulation
Tefzel
*Conductor:
Tin-plated copper
*Voltage Rating:
60OVDC
*Temperature
Rating:
150'C
*Mil Spec:
MIL-W-22759/16
Signal Wiring:
*Conductor
18AWG 7 strand, copper
*Primary Insu-
lation
Halar ECTFE
Wall 0.006 nominal
OD 0.060 nominal
*Cabling
2 conductor cabled
together/left-hand lay
*Shielding
Aluminum polyester tape; 20
AWG
tinned copper drain wire.
*Jacket
Hilflex-Plus; OD 0.155
nominal
*Marking
Printed: NEK cable 75'C; 18
AWG
UL Type CL2P
*UL Listing
Power Limited Circuit Cable
Class 2 Type CL@ per UL
Subject 13, file no. ES0063
*Flammability
Approved for Plenum use
without conduit per NEC 725 by
passing UL 910
All termination points for incoming or outgoing signals
shall be provided on terminal strips. Each termination
point shall be permanently labeled._; All, wiring shall be
color -coded.
Programmable Logic Controller
The PLC Shall be manufactured by Allen Bradley, Texas
Instruments. General Electric, or an approved equal. The
PLC shall perform all hardware control and provide data
processing capabilities. Both analog and digital inputs and
outputs shall be provided, including data correction and
averaged calculations. The vendor., shall supply off the
shelf input/output cards with heavy duty output relays.
The PLC shall be installed in the CEM analysis cabinet,
using hardware that is standardized, modular and readily
available from local electrical suppliers. The PLC's shall
be capable of performing all automatic and manual functions
required by the gas monitoring system, including but not
limited to:
a. Automatically calibrating the gas analyzer
at selected time intervals to ensure accuracy
and regulatory compliance.
b. Automatically controlling sample probe purge
with instrument air.
C. Providing system failure alarms
d. Providing I/O signal interfaces (4-20 mADC
isolated) with 12-bit resolution.
e. Providing "track and hold".;of isolated signal
outputs from,selected analyzers.
f. Performing BASIC programs including:
calibration correction of analyzer outputs
(within pre -determined levels of drift), data
averaging for regulatory requirements and
calculations to convert measured parameters
to desired engineering units.
8
7
6
7
4
7
z
k
g. Providing local data storage, with a minimum
of 72 hours capacity, to operate only in the
event of DAS failure.
h. Providing ports for DAS interface and
optional local operator interface.
i. Correcting data to reflect changes in the
source pressure.
j. Transmitting data to the DAS via an RS-422
serial interface.
k. Transmitting 4-20 mADC analog signals for
plant use as specified.
1. Accommodating input/output expansion to allow
upgrading with modular systems that
manipulate additional signals.
M. PLC shall be able to do systems and self
diagnostics.
Analyzers
a. S02 Analyzer
*Analysis Method:
*Range:
*Zero Drift:
*Span Drift.:
*Response Time:
b. NOx Analyzer
*Analysis Method:
*Range:
*Zero Drift:
*Span Drift:
*Response Time:
UV fluorescence
Ambient levels
1ppb in 24 hours
0.5% of full-scale in 24
hours
120 seconds to full-scale
Chemiluminescent
Ambient levels
1ppb in 24 hours
1% of full-scale in 24
hours
90 seconds to full scale
9
C. CO2 Analyzer
*Analysis Method:
Infrared (NDIR)
*Range:
*Zero Drift
*Span Drift -
Non -Dispersive
As required
Less than 1% of
full-scale in 24
hours
Less than 1% of
full-scale in 24
hours
*Response Time: 2.5 seconds to 90%
of full-scale
d. Flow Monitor
The vendor shall recommend the appropriate
flow monitoring measurement technique.
Data Acquisition and Reporting System
The system control and data acquisition components shall be
independent hardware systems with integrated functions. The
CEM control unit shall be a PLC with all input/output
required to operate the CEM and interface with all specified
plant parameters. The DAS shall be a personal computer
capable of receiving data serially from the PLC (both
analog -generated and contact -closure generated status). The
integrated system shall be capable of performing data
storage, data display and regulatory plant -specific report
generation necessary to meet the Clean Air Act and otehr
regulatory requirements.
Hardware Specification/Functions
The DAS shall be a desktop -type computer, consisting of a
minimum of one IBM-compatible 486DX 33MHz computer. Pricing
for this item must be shown separately and a complete
breakdown of the components. The City reserves the right to
supply this item with existing open purchase agreement.
10
E I
PLC/DAS Communications
The PLC shall control all existing CEM functions. It shall
collect analog and status data (such as plant signals) from
the CEM and any associated equipment on a continuous basis.
Every ten seconds, the DAS shall request all data from the
PLC (both status and analog) via an RS-422 serial link and.
formulate one -minute averages for storage on the DAS hard
disk drive. It shall also be capable of displaying the data
on a screen and printing as desired. The PLC shall be
r. configurable to perform preliminary calculations that can be
output via a 4-20 mADC signal to a recorder or other
indicating device.
Environmental Software Specifications/Functions
The software shall incorporate a graphical user interface
designed for operator ease of use. It shall be configured
with a look and feel consistent with standard mouse driven,
j point and click programs, similar to the Apple Macintosh,
Microsoft Windows 3.0 or AT&T Open -Look.
The operating system shall maintain all screens --both
background and foreground --as active and continuously
available, in a 100% multi -tasking, multi-user environment.
The software system shall be designed to be operated by a
novice with minimal training. It shall include context
sensitive help screens to aid operators.
Data Reference
The system shall be designed to provide immediate access
"at -a -glance" to active data as well as to related
k information, maintenance details, historical records, or
other pertinent information associated with the actively
displayed data.
This background information shall be available on-line for
all displayed values without disruption to the foreground
screen.
At a minimum, the background information shall include the
origin of the data, time of the last recorded scan,
engineering units and current status of the communications
link. It also shall include options associated with each
engineering unit and other appropriate references.
An extended memo or notepad field shall be provided for
recording messages for future reference. The presence of
these notes shall be visually identified on all appropriate
screens and reports.
Data Integration and Screen Customization
The software shall be designed to afford optimum data
integration and customization flexibility. Information
generated by either the CEM system or by other specific
plant operations shall be immediately and reliably
integrated into both screens and reports. Authorized users
shall have the ability to rapidly change and customize
screens and reports as necessary throughout the life of the
system.
All existing screens shall be completely reconfigurable by
authorized users on line and the user shall be able to add,
delete, modify, copy or move data without taking the system
off-line.
Alarms
Alarms shall be visually conspicuous and protected from
accidental overriding. In the event of an alarm, a
distinctive bulletin shall appear instantly and remain on-
screen until the user has physically acknowledged it by
pressing an appropriate key.
A continuous log of all alarms and their status shall be
permanently recorded and be immediately available for
display or printout.
Alarm output terminals should be routed to plant enunciator
panel.
Security
The software shall be customized to assign passwords, at
varying levels if desired, authorizing specific access to
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F
any function or screen. Changes to data shall be flagged
and reason codes entered. Data and system changes shall be
secured and only authorized personnel shall be allowed
access to those functions.
Networking
The operating system shall support common Local Area Network
(LAN) protocols, including access to CEM data.
The operating system shall support a variety of Wide Area
Network (WAN) communication vehicles, including radio,
microwave, fiber optics, direct connect serial line and
telemetry.
Upgrades
The Vendor shall guarantee that the software will meet 40
CFR 75 through January 1, 1995.
The Vendor shall supply any software upgrades reflecting
technology advances or local regulatory changes at a pre-
determined fixed percentage of the software's original
purchase price.
Specified On -Line Data Screens
At a minimum, the software system shall include the screens
specified below. Because the information on these screens
is essential to plant operation, it shall be displayed in a
visually -accessible format designed for immediate
recognition.
Plant Overview Screen
This screen shall display the real-time value for each
constituent of interest. Values which exceed predefined
user limits shall be immediately discernible.
S02 Emission Credit Usage Screen
This screen shall display tracked S02 usage and allowance
r. calculations that have been automatically estimated based on
l
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actual -versus -planned emissions. Values for planned and
estimated allowances shall be user-selectable/changeable to
facilitate allowance planning.
CEM Maintenance Status Screen
This screen shall, identify/list all components. requiring
periodic maintenance; schedule maintenance appropriately
(e.g., daily, weekly, monthly); notify user of upcoming
requirements; and retain repair and maintenance activities
for transfer to a permanent record.
Weekly History Screen
This screen shall display the performance of the
constituents of interest over the last seven days. User
shall be able to select time values for both display and
evaluation purposes. _
Calibration History Screen
This screen shall trend zero and span drift over a user -
defined time period for each measured constituent (e.g. S02) and allow the user to select alternative display options
(e.g., bar graphs, colors).
Last. Calibration Screen
This screen shall chart the performance of each analyzer in
terms of the last calibration event.
Installation Supervision
Installation Supervision shall be performed by vendor's
representative working with the customer to _ensure proper
installation.
System Start Up
At start up, the vendor or vendor's representative shall
perform a final installation check out, initiate powering,
14
E
perform operational hardware and software tests, and provide
informal and formal maintenance training.
Training
In-depth training for operation and maintenance personnel
shall be provided by vendor's representative. Six (6)
training manuals shall be provided per unit.
Services
Pricing shall be provided for the following service, in.
addition to the base equipment bid.
Maintenance Contract
A one year maintenance and service contract shall include:
One visit per month
Four emergency visits
All travel and per diem
24-hour emergency response service
Guarantee of Certification
The vendor shall guarantee certification per USEPA and local
regulator agency requirements. The CEM system shall be
guaranteed to perform accurately at the specified permit
levels. The vendor shall provide a comprehensive test plan
and acceptable final test report to the customer for review
and submittal to the . appropriate regulatory agency.
Certification services shall include:
*Test plan written by vendor
*Data from calibration drift tests performed by the vendor
C: *Relative accuracy tests performed by an independent testing
contractor or vendor, if state certified.
*Final written report for submittal to the regulatory agency
by the customer.
F - 15
*QA/QC Plan
The vendor shall prepare a Quality
Assurance/Quality Control Plant meeting the
requirements of 40 CFR 60 Appendix F,including:
Plant description
CEM's description
Procedures for periodic checks and accuracy
audits
Problem correction guidelines
Reporting requirements
Record keeping requirements
Bid Evaluation
Proposals must include at least five phase I completed
project using similar technology with names and phone number
of reference.
Bids will be evaluated on cost, deliverability and reference
checks of completed phase I installations
Location of Installation of Units
Cable run to equipment where units will be .located are 118
feet on Unit 1 and 124 feet on Unit 2. Holly 1 stack
diameter is 7'6" and Holly 2 stack diameter is 10'.
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SPECIAL CONDITIONS
h
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
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 (55/6) bid security, submitted with your proposal, will be returned upon the execution of such contract
documents and bonds within the above speed ten (10) day period. In the event you should fail to execute and furnish such
contract documents and bonds within the time limit specified, said bid security will be retained by the City of Lubbock.
i;
MY OF LUBBOCK
Owner's Representative