HomeMy WebLinkAboutResolution - 4678 - Contract-Davenport Cooling Technology Inc-LP&L Plant 2 Cooling Tower Replactment - 12_08_1994Resolution No. 4678
December 8, 1994
Item #14
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Contract and all related documents by and
between the City of Lubbock and Davenport Cooling Technology, Inc., of Kansas City,
Missouri, to furnish and install all materials as bid for the LP&L Cooling Tower Replacement -
Plant II for the City of Lubbock, which contract is attached hereto, which shall be spread upon
the minutes of the Council and as spread upon the minutes of this Council shall constitute and be
a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 8 tt
ATTEST:
May A. Johnsoh, City Secretary
APPROVED AS TO CONTENT:
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Victor Kilmak, Purchasing Manager
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Assistant City Attorney
DGV:dp1G:lecdocs\Coo1ing.Res
November 30, 1994
CITY OF LUBBOCK
SPECIFICATIONS FOR
LUBBOCK, POWER AND LIGHT COOLING
TOWER REPLACEMENT
BID #13086
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CITY OF LUBBOCK
Lubbock, Texas
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City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
BOB-767-2167
MAILED TO VENDOR. -
CLOSE DATE:
Office of
Purchasing
November 10,1994
November 16,1994 @ 2:00 EX
Bid #13086 - LUBBOM POWER, AND LIGHT COOLING TOWER REPLACEMENT
ADDENDUM # 1
Please modify or amend Contract Documents as follows.
1. The ambient Dry Bulb Temperature for design purposes shall be 94 Degrees F.
2. A starter and an isolating switch of appropriate size shall be supplied for each doling tower motor.
For additional information or clarification concerning this bid should be subndtted in writing and directed
to Ron Shuffield, Senior Buyer.
PLEASE RETURN ONE COPY WITH YOUR BID
CITY OF LUBBOCK
REQUEST FOR BIDS
FOR
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TITLE: LUBBOCK, POWER AND LIGHT COOLING TOWER REPLACEMENT
BID NUMBER: 13086
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PROJECT NUMBER: 9056.8280
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CONTRACT PREPARED BY: PURCHASING DEPARTMENT
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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
NOTICE TO BIDDERS
NOTICE TO BIDDERS
BID #13086
Sealed bids addressed to Ron Shuffield, Senior Buyer, City of Lubbock, Texas, will be received at the office of the
Purchasing Manager, Municipal Bldg., 1625 13th St., Room L-04, Lubbock, Texas, 79401, until 2 :00 o'clock p.m. on the 16th day
of November,1994, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and
perform all work for the construction of the following described project:
LUBBOM POWER AND LIGHT COOLING TOWER REPLACEMENT
7' 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 15th day of December,1994, at the Municipal Building, 1625 13th
Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive
any formalities. The successful bidder will be required to furnish a performance bond and payment bond in accordance with Article
5160, Vernon's Ann. Civil St., in the amount of 100% of the total contract price in the event that said contract price exceeds
$25,000.00. Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior as the rating of the
bond company is a factor that will be considered in determination of the lowest responsible bidder. If the contract price does not
exceed $25,000.00 the said statutory bonds will not be required.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check
issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to
r-• the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder
will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him.
It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions
under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and
considered in the preparation of the bid submitted.
The plans, specifications, proposal forms and contract documents may be examined at the office of the Purchasing Manager
for the City of Lubbock, Lubbock, Texas.
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the
contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to
in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the
requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as
heretofore established by owner in said wage scale.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement,
minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will `
not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award.
There will be a pre -bid conference on 9th day of November,1994, at 10:00 o'clock a.m., in the LP&L Electric Production
Conference Room, 3500 E. Slaton Hwy., 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.
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OF L BOCKS
SENIOR BUYER
ADVERTISEMENT FOR BIDS
BID # 13086
Sealed bids addressed to Ron Shuffield, Senior Buyer, Purchasing Department, City of Lubbock, Texas, will be received at
the Purchasing Office, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401 until 2:00 o'clock p.m. on the
16th day of November, 1994, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials
and perform all work for the construction of the following described project:
LUBBOCK, POWER AND LIGHT COOLING TOWER REPLACEMENT
After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Buyer and
publicly read aloud.
The plans, specifications, bid forms and contract documents may be examined at the office of the Purchasing Manager for
the City of Lubbock, Texas.
Attention of each bidder is particularly called to the Schedule of General Prevailing Rate of Per Diem Wages included in the
contract documents on file in the office of the Purchasing Manager of the City of Lubbock, Texas. Each bidder's attention is further
directed to the provisions of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning such wage
scales and payment by the contractor of the prevailing rates of wages as heretofore established by the City of Lubbock.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement,
minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will
not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award.
There will be a prebid conference on the 9th day of November,1994, at 10:00 am., in the LP&L Electric Production
Conference Room, 3500 E. Slaton Hwy., 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.
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GENERAL INSTRUCTIONS TO BIDDERS
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 LUBBOCK, POWER AND LIGHT COOLING TOWER
REPLACEMENT.
r 2. CONTRACT DOCUMENTS
All work covered by this contract shall be done in accordance with contract documents described in the General Conditions.
All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction
of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents.
3. PLANS FOR USE BY BIDDERS
It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the
contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge of
forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders.
4. TRVfE AND ORDER FOR COMPLETION
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The construction covered by the contract documents shall be fully completed within 150 (One -hundred fifty) 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.
F,. S. PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract
documents.
6. AFFIDAVITS OF BILLS PAID
The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an
affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by
the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been
notified.
{ ' 7. MATERIALS AND WORKMANSHIP
r` 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.
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8. GUARANTEES
All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials
and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which
shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature
whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work
as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock).
9. PLANS FOR THE CONTRACTOR
The contractor will be fiu dished 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
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and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date
of issuance to Contractor of City's certificate of acceptance of the project.
14. EXPLOSIVES
�► The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City.
In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for
all damage which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are
r" authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall
further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of
construction activity.
Explosive materials shall not be stored or kept at the construction site by the Contractor.
In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be
the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the
site of the work of Contractor's intention to use explosives, and such notice shall be given. sufficiently in advance to enable
the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however,
shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations.
15. CONTRACTOR'S REPRESENTATIVE
,• The successful bidder shall be required to have a responsible local representative available at all times while the work is in
progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number
where such local representative may be reached during the time that the work contemplated by this contract is in progress.
16. INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General
Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory
to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will
be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the
insurer waiving the right to subrogation.
The insurance certificates furnished shall name the City as an additional insured and shall further state that all
subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from the
Contractor to the effect that no work on this particular project shall be subcontracted.
17. LABOR AND WORKING HOURS
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 Lubbock's ability to provide the necessary service to its
citizens.
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(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
fixrnish 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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Bid proposals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no proposal
may be withdrawn or altered thereafter.
BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following:
(a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidder's Proposal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
M General Conditions.
(p) 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
71 LUMP SUM PROPOSAL CONTRACT
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PLACE: KANSAS CITY, MISSOURI
DATE: NOVEMBER 15, 1994
PROJECT NUMBER: #13086 - LUBBOCK, POWER AND LIGHT COOLING TOWER REPLACEMENT
Proposal of DAVENPORT COOLING TECHNOLOGY, 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 forbids for the construction of a COOLING TOWER REPLACEMENT FOR
LUBBOCK, POWER & LIGHT, BID # 13086, PROJECT # 9056.8280
having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract
documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the
proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies; and to
construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the
price stated below. The price to cover all expenses incurred in performing the work required under the contract documents, of which
this proposal is to be apart of, isasfollows: (EXCEPT WHERE NOTED IN OUR EXCEPTIONS &
CLARIFICATIONS)
Five hundred i.nety six o are Tixty two thousand nine hundred and (� 562,996.00 )
MATERIALS:n
One hundred thirty six thousand nine hundred and
SERVICES: seventy four dollars (S 136,974.00 )
Six hued ed ninety nine thousand nine hundred and
TOTAL BID: seventy dollars (s 699,970.00 )
(Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.)
Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to
Proceed" of the Owner and to fully complete the project within 150 (One -hundred fifty) 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.
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Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with instruction
number 20 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the
scheduled closing time for receiving bids.
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The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans,
specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or
before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in
the contract documents.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified
check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without
recourse to the order of the City of Lubbock in an amount not less than five percent (S% ) of the total amount of the bid submitted as
a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of
the contract to him.
Enclosed with this proposal is a Cashier's Check or Certified Check for
Dollars ($ ) or a Proposal Bond in the sum of THIRTY—FIVE THOUSAND 01Dollars ($35, 000. 00).
which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the
Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within
ten (10) days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be
returned to the undersigned upon demand.
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents
made available to him for his inspection in accordance with the Notice to Bidders.
(Seal if Bidder is a Corpo . n)
ATTEST:
Secretary
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DAVENPORT COOLING TECHNOLOGY, INC.
Contractor
BY:
PROPOSALS ENGINEER
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Ell 0 Daven ort
Specialists in Conlin¢ Tower p Technology
OUR REF: MDA/NS/NU140-94/SCT
EXCEPTIONS TO SPECIFICATIONS
1. Demolition of existing towers and any concrete basin repair work by others.
2. Cold water basin perimeter safety handrails, as required, by others.
Cooling Tower Specifications
3. Distribution nozzles would be Davenport standard injection molded noryl plastic instead
of polypropylene.
4. Headers are sized and positioned to minimise pipework modifications.
5. Our proven in service DF381 anti -plugging fill with a total of 4 layers is used instead of
2 layers specified. Please see enclosed document relating to our DF381 fill.
6. The proposed drive shafts would be by Addax, with 316 stainless hubs and hardware,
composite fiber spacer tube with wound composite flanges and carbon fiber flex element,
with 316 stainless steel bushings polyurethane coated.
7. Our standard design unitized welded steel channel frame would be used instead of a
torque tube assembly tq support and maintain alignment of the fan machinery.
CLARIFICATIONS
Labor
Our bid is based on the use of non -union, working an eight (8) hour day, 40 hour/5 day week,
with no weekend work.
Work by Others
A. Draining and cleaning out of the cooling tower basin prior to our arrival on site.
B. Provision for a reasonable area adjacent to the cooling tower for accommodation of our
job trailer and safe storage of materials.
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Davenport
Specialists in Cooling Tower Technology
OUR REF: MDAINSINU140-94/SCT
C. Provision of a 110 volt power supply adjacent to the work area and temporary
accommodation free of any cost to Davenport
D. ' We do not expect our personnel to be subjected to delays due to health checks or safety
instruction, and if such delays occur, additional costs would be incurred.
E. Issuing permits to work would be arranged prior to normal commencement and any delay
in receipt would be chargeable.
F. Adequate access to jobsite.
G. Isolation of power supplies and hydraulic flow.
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LIST OF SUBCONTRACTORS
Minority Owned
Yes No
1. STAR COOLING TOWERS, HOUSTON, TX X
2. CONSTRUCTION DESIGN INC., KANSAS CITY, KS _ X
3. BOESE HILBURN OR APPROVED EQUAL _A.
4.
5.
6.
7.
8.
9.
10.
PMR
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//1--Z west
4MWL=St Surety Insurance Company
..000LAND HILLS, CALIFORNIA
Know all men by these presents:
BOND NO.: 0329997-40
PREMIUM: —0—
BID DATE:
PUBLIC WORKS BID BOND
November 16, 1994
That we, DAVENPORT COOLING TECHNOLOGY, INC.
(hereinafter called Principal), as Principal, and AMWEST SURETY INSURANCE COMPANY, a corporation (hereinafter called Surety),
organized and existing under the laws of the State of California and authorized to transact a genoral surety business In the State of
Texas , as Surety, are held and firmly bound unto TO THE HONORABLE MAYOR AND
CITY COUNCIL CITY OF LUBBOCK, TEXAS
(hereinafter called Obligee) in the penal sum of FIVE percent ( 5 %) of the bld amount, but In no event to exceed
Thirty five thousand and no/100 — — — — — — — — — — — — — — Dollars ($ 35,000.00 )
for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successom and assigns,
ire'-dy and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, whereas the Principal has
submitted or Is about to submit a proposal to the Obligee on a contract for PROJECT #13086 — Lubbock, Power and
Light Cooling Tower replacement at 600 Municipal Drive, Lubbock, Texas
NOW, THEREFORE, If the contract is awarded to the Principal and the Principal has within such time as may be specified, entered
Into the contract in wilting, and provided a bond, with surety acceptable to the Obligee for the faithful performance of the contract; or
if the Principal shall fail to do so, pay to the Obligee the difference not to exceed the penalty hereof between the amount specified In
the bid and such larger amount for which the Obligee may In good faith contract with another party to perform the work covered by the
bld, then this obligation shall be void; otherwise to remain in full force and effect,
SIGNED, SEALED AND DATED THIS 15thDAY OF November 19 94
DAVENPORT COOLING TECHNOLOGY, INC.
(Print nr "M mein. d apm)
By:
(sipnucwe of vw,apn)
AMWEST SURETY INSURANCE COMPANY
By: % A/,
fohn J oriarty, CT
Anomey-in-Fact
roll
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DialsNOT VALID FOR BONDS
�11 POWER NUMBER
AFTERI■ ..aa
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This document is printed on muld-colored security paper with black and red ink, with border in blue ink and bears the raised
seal of Amwest Surety Insurance Company (the 'Company'). Only unaltered originals of this Power of Attorney arc valid. This
Power of Attorney is valid solely in connection with the execution and delivery of the bond noted below and may not be used
in conjunction with any other power of attorney. No representations or warranties regarding this Power of Attorney may be made
by any person. This Power of Attorney is governed by the laws of the State of California. Any powex of attorney used in connection
with any bond issued by the Company must be on this form and no other form shall have force or effect.
-4
KNOW ALL MEN BY THESE PRESENTS, that Amwest Surety Insurance Company, a California
cooration (the"Company"), does hereby make, constitute and appoint:
TOWARD L. HARI GREGORY K. KEESLEF
MARCIA A. RITTER
MICHAEL M. OCHSENSCHLAGER
JOHN W. PAYNE
JOHN J. MORIARTY
JAMES W. BURNIE
JOANNE C. WAGNER
AS EMPLOYEES OF WILLIS CCRROCN CCRP- OF ILLINOIS CF CHICAGO, IL
its true and lawful Attorney -in -Fact, with limited power and authority for and on behalf of the Company as surety
to execute, deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings,
recopnizances or other written obligations in the nature thereof as follows:
bid Bonds up to $*1—_*-500,000.00
Contract (Performance B Payment), Court, Subdivision $**1,000,000
License & Permit Bonds up to $*M***50,000.00
Miscellaneous Bonds up to $Y*MY100,000.00
Small business Administration Guaranteed Bonds up to $**1*500,000
and to bind the Company thereby. This appointment is made under and by authority of the By -Laws of the
Company, which are now in full force and effect.
CERTIFICATE
I, the undersigned secretary of Amwest Surety Insurance Company, a California corporation,
DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked
and furthermore, that the resolutions of the Board of Directors set forth on the reverse, and that the relevant
provisions of the By -Laws of the Company, are now in full force and effect.
id number Bid Bond ,Signed and sealed this
11-16-94 Bid date
,)4�/ e�z�
Karen G. Cohen, secretary
We
i
15th
day of November
19 94
0000329997 - 40
b 36-2691200 CH
Resolutions of the Board of Directors This Po\\cr of :knornev is ,,i,gneci and .,ealru h\- Facsimile under and by the ;ulthorit\' elf the f011o\Ving reSOlutions adopted by the
Boarcl of Directors of Ainwcst �'urcry Insurance Comp-WIV :u a meeting du1}- lleicl on Deccmher 15. 19-5:
Rf',sOI.VED. that the President or :tnv• Vice President, in conjunction with the• Serrctary (rim Assistant �crro,.trv. f�
may appoint r.ttorncv,-in-fact ,)r :1,,cnts vv'ith :uithoritV as defined or linlltc ci in the imtrunlunt cv idcncing the :tl;pointmcnt
in each case. for and ()ll hehalf, of the to execute and deliver ;tnLl aHfix the sell of the t:olllpany to honus.
undert:il.uz�s, reru;�nir.ance,. and surct\'ship ohligations of all kinds: ;tnd ,aid utficcr:s nl;n rulnu\c- anv such attorne\-irl-
fact or a cnt 'Ind rc\'okc an\' po\ycr of ittornc%- pre\'iousi\' ,. rcmt(.-c1 14) sue h person.
RI:SOLV ED IVWFHEIZ. that M V honci. undcmtkin;g, rcc•o�nirancc. Or sLIIMVShip nhli�gation shall he valicl anti hinctim-,
Upon the
(i) \ lied signed I)\• the President or .in\- Vice President anti ,lttcstc,d :utd scAed I if ;I seal he ructuire(l) h\ any
�el're%Iry OI' :\sslSClnl secremrv: Or
00 \\ I ll•il shePr�rt >N'( riIai\' I W 1�Lll "t IlI:l\, M(I (Iltcr Ie1nIc-
:rld ,c•aic'0 I it a ,cal he I•ecluire(l) h\ a (1111\' imiltwizcci altt,rm-, -in 1,tcI „r . ,( nt: „l
hen duly executed and scaled r it' a seal he rc(luired). hv' one Or Ill( )r(- :Ittorney's-in-Dart or agents pursuant
lu and within the urlutS of the :luthorit\ u\'idenced hN the pc,\\c•r ()I lltorne\ issued h\ the Conlp,,m to
,uch pur:son ur persons.
itl:I( )LV FI) F1,10 TIER, that the signature• of .111V authorized otficcr Auld the seal ut 111c Corilpanv- nrn he affixed i)%'
facsimile to 'Im pmv'er of attorney or certification thereat authorizin), the cx'eciuion and clelivC1_\ „l :Im' hand, uncfertakim,.
reeogni/-.mce. ur Other surer ship ohligations of the Company': anti ,filch -(,nature Auld s .11 \\ heel 10 used .Shall ha\'e the
same force :Ind effect ;ls thou111 nwnuall}' affixed.
IN WIT\I'.�,s WHEREOF.:\tll\\(.•St !fiord\' Irl.titrr;tnre (;ompam' llas caused Ihcsr prcx•nis 1(, I)e siynecl I)v its proper ofticc;:s, and
its corporate seal to he hereunto allixc(.l this Ist (Liv of .l:uulm.v. 1993..
o=
c91
F OR 7 NAP'
b .,• F
State of California
Count\' of Los :\ngeles
John E. aea2c, IC .cicnt
h:u'rn c�. t;uncn. sc•cict:u� .
r
On January I. 1993 before me. Peggy B. Lotton Not:irk' Public. pur:sn1-1a11k.:tppc,livyi i0,im E. :1vaIgc and Karen tt. C:nhen. per-�
sonally known to me for pron'ed to me on the basis of sati;tactory Cv idunc(!) to,Ile the ner,ontS) vv hose nanlutst is are suhscrihedc
to the within insn unu nt and aekno\yledged to tile ill that he she the\' executed the same in his file r their authorized capaeityt fits ).
and that by his her, their signaturets) on the instrument the_ per:sorts). or the emir upon hehalf (d vv hich the persotl(.) ;Irtecl. ex-
ecuted the instrument. OFFICIAL7Exmpires
PEGGY B.
VC-ITtiESS to land and official seal. 'Notary PUbIIa-
LOS ANGELES
My ComctloSignature ' �e:tl; MY 28,
�V
e,L,1gB. Lofton. \otan Public
Restrictions and Endorsements
STATE OF ILLINOIS
COUNTY OF DUPAGE
On this 15th day of November , 19 94 , before me personally came
John J. Moriarty to me known, who
being by so duly sworn, did depose and say: that he/she is
Attorney -in -Fact of AMWEST SURETY INSURANCE COMPANY
the Corporation described in and which executed the foregoing instrument; that
he/she knows the seal of said Corporation; that the seal affixed to said instrument
is such corporate seal; that it was so affixed by authority granted to him/her in
accordance with the By -Laws of the said Corporation, and that he/she signed
his/her name thereto by like authority.
j1,,,4 "
4TARY PUBLIC
My Commission Ex Tres
OFFKML. S!✓4L.
Julie A Serkautkas
My commission Expims 11-3-97
PAYMENT BOND
r- STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CIVIL STATUTES OF TEXAS
AS AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION, Bond #1274675
1959
DavenpArt Cooling
KNOW ALL :EN BY THESE PRESENTS, that Technology. Inc. (hereinafter called the Principal(s), as
Principal(s), and
Amwest Surety Insurance Company
(hereinafter e S () ECStys�haerclo ana y bound unto the City of Lubbock (hereinafter called the Obligee), in
r- ix unc rW nL�g n
the amount ofni nP hiindrpd r3. and no 11 nn llars (S699, 970. 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.
r
7
WHEREAS, the Pdn^pal has entered into a certain written contract with the Obligee, dated the 8 t h day of
December 19 94 , to
Lubbock County Cooling Tower replacement at the Power & Light Plant,
600 Municipal Drive, Lubbock, Texas
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 fora 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 t_lis 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 16th day of
December 19 94•
Amwpst Surety Tnsurance Company
Surety
Y•
(Title)
Marcia A. Ritter
Attorney -in -fact BOND CHECK
BEST RATING
LICENSED IN S
DATE
DavenRor Cooling Technology. Tnc,.
Principal
Bv: J l `
(Title) CProposals Mgr.
By:
(Title)
By:
(Title)
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designate _
Kelly J. Brooksan agent resident in Lubbock County to whom any requisite notices maybe delivered and on whom service of
process may be had in matters arising out of such suretyship.
Amwest Surety Insurance Comp-
, ...- S urety
4_.
('Ti
Approvcd as to Form Texas Resident Agent
City of bbocke.
P
By: �
ity A orney
• Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that thi
person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our fit
is 3.�,rrnF i•.;
r
L.
NOT VALID FOR BONDS
POWER NUMBER
EXECUTED ON OR AFTER -8
3-07-95 r... -1 � •,,.
....
r,,, - ...trn-.....•, Ys i --�4� s. s.,:wr Y ar ,a,-r - c
document black ink, border in blue ink bears 1
This is printed on multicolored security paper with and red with and the raised
seal of Amwest Surety Insurance Company (the "Company"). Only unaltered originals of this Power of Attorney are valid. This
Power of Attorney is valid solely in connection with the execution and delivery of the bond noted below and may not be usedFOR a
>]
in conjunction with any other power of attorney. No representations or warranties regarding this Power of Attorney may be made
by This Power Attorney is by the laws of the State of California. Any of attorney used in connection ,
I30
any person. of governed power
`
with any bond Issued by the Company must be on this form and no other form shall have force or effect.
00
{
a000
_ KNOW ALL MEN BY THESE PRESENTS, that Amwest Surety Insurance Company, a California
0000
corporation (the"Companyy"), does hereby make, constitute and apppoint: r
L. HART
®plan
ED4ARO GREGORY K. KESSLER a
0013
=130001
MARCIA A. HITTER
MICHAEL M. OCHSENSCHLAGER
-
pOpO
1013130
JOHN W. PAYNE n
0l0O
JOHN J. MORIARTY
ppflpU
1301300
:. JAMES W. BURNIE
'
7
JOANNE C. WAGNER
9713171313
AS EMPLOYEES OF 64ILLIS CCRROCN CCRP OF ILLINCIS CF CHICAGO, IL
1313000
S
!-131=1313
its true and lawful Attorney -in -Fact, with limited power and authority for and on behalf of the Company as surety
131313c:7
13®i3
®®
to execute, deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings, t>
000130
recopizances or other written obligations in the nature thereof as follows:
013000
utd 13onds up to i•.•MY4=500,000.00
Contract (Performance y Payment), Court, Suhoivision $Y_-1,000,000,'_1
[lw393133]
License & Perinit Bonds up to $**Yr*-50,000.00
®®DO®
Miscellaneous Bonds up to $**YY100,000.00
Small 3usiness Administration Guaranteed Bonds up to $****500,000
and to bind the Company thereby. This appointment is made under and by authority of the By -Laws of the
p
Company, which are now in full force and effect.
CERTIFICATE f
I, the undersigned secretary of Amwest Surety Insurance Company, a California corporation,
DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked
and furthermore, that the resolutions of the Board of Directors set forth on the reverse, and that the relevant
provisions of the By -Laws of the Company, are now in full force and effect. 2
d number
1274675
Signed and sealed this 16th
Karen G. Cohen, Secretary
day of December 19 94
0F5
0000330007 - 84
b 36-2691200 CH
STATE OF ILLINOIS
COUNTY OF KENDALL
On this 16thay of December , 19 94 , before me personally came
Marcia A. Ritter to me known, who
being by so duly sworn, did depose and say: that he/she is
Attorney -in -Fact of Amwest Surety Insurance Company
the Corporation described in and which executed the foregoing instrument; that
he/she knows the seal of said Corporation; that the seal affixed to said instrument
is such corporate seal; that it was so affixed by authority granted to him/her in
accordance with the By -Laws of the said Corporation, and that he/she signed
his/her name thereto by like authority.
NOTARY PUBLIC.
My Commission Expires
Y
IN K, flITTEP
Nota�,ry Public State of Him,).
4 My COMMIS51', >
PERFORMANCE BOND
7
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 Bond #1274675
c.
KNOW ALL 1IEN BY THESE PRESENTS, that Davenport (hereeir after ailed tthe Technology, as Principal(s), and
Amwest Surety Insurance Company
(hereinafter called the Surety(s), as Surety(s�, are leld and firmly bound unto the City of Lubbock (hereinafter called the Obligee),
chtamountofSix^h nd eadd�ninetty*n ne�tTo
',.,, yid ollars (S 699, 970.041a�vfitl 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 Obliges, dated theSth day of
December , 19_j4o
Lubbock County Cooling Tower replacement at the Power & Light Plant,
600 Municiyal Drive, Lubbock, Texas
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 Statut
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 thil6thday of
npr Pmh,-r 19__, 2-4
AMWEST SURETY INSURANCE COMPANY
Sure _%
(Title) Marcia A. Ritter
Attorney —in —fact
BOND CHECK
BEST RATING
LICENSED IN
OATdIlL By LLI(-�
DAVENPORT COOLING TECHNOLOGY, INC.
Prin ' al
B
Y
roposal gr.
(Title)
By:
(Title)
By:
(Title)
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates _
Kelly J . Brooks an agent resident in Lubbock County to whom any requisite notices maybe delivered and on whom service of
process may be had in matters arising out of such suretyship.
Amwest Surety Insurance Company
Surety
*By. —
(Title
Texas Resident Agent _
Approved as to Form
City of Lubbock
By:
City Attorney
* Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that OL
person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our fl.
r
r
CERTIFICATE OF INSURANCE
jr
I
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<�.:.... ::::}'• .::: ::..� :>:::>::::::::<�::::>::
t::..:::.:::::::.......::.}: ISSUE !X ... ..
DATE (MM/DD/YY)
.:. ..}
2�##'is�f:�f:�rf:�i;t:•r,:f:f�:�i:�:b:�::�f:�:is�i::�i:�<;
5
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,.
THIS BINDER IS A TEMPORARY SI-10N.TH REVERSE
S E INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN O E EV
SIDE OF THIS FORM.
..................................................................................... ....................................... ............. ........ ...........................
PRODUCER
......................... ......... ................................... ........ ..............................................
:COMPANY ;BINDER NO.
Willis Corroon Construction
ROYAL INSURANCE CO. 00016619
1717 Park Street, Suite 200
..............................ZF �111r1=........................._.........{....c.._.._..............t�ti+illIAMN...............
PATE TIME DATE TIME
Naperville, IL 60563
............... .................. ..X. :�. ............... X...12:
Ot /
...
05l06195 12:01 06/30/95
$ E;PM ` N00
(708)637-1717
{
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::........:.............................................................:.......................................................................
Ed Hart
THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED
;.COMPANY PER EXPIRING POLICY NO:
CODE 8UB-CODE
i:........}.......................................................................................................................................
.........................................................................................................................................................
DESCRIPTION OF 0PERATIONSNEHICLEIPROPERTY 0ncluding Location)
INSURED
w cooling tower.
CITY OF LUBBOCK, TEXAS
CCoontractnAmount:�$699 970
MUNICIPAL BLDG.
Project Location: 6DO Municipal Dr., Lubbock, TX
Contract Term: 05-06-95 to 0630-95
1625 -13TH STREET
Contractor: Davenport Cooling Technology, Inc.
LUBBOCK, TX 79401
Contract #: NU140
Assigned Policy No.: PTS438333
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TYPE OF INSURANCE COVERAGE/FORMS AMOUNT DEDUCTIBLE COINSUR
PROPERTY....................................................................................................
...........: CAUSES OF LOSS
. j.............................................................. ...........
} }
::BASIC ' 'BROAD ::SPEC.:'
GENERAL LIABILITY
-GENERAL AGGREGATE ;S
COMMERCIAL GENERAL LIABILITY i;
E PRODUCTS-COMP/OP AGG. %S
$1,000,000 Per Occurrence
`
} ...........
i%'i :.CLAIMS MADE OCCUR;. $1,000,000 Aggregate
ffff
;PERSONAL ✓f ADV. INJURY S
}.....................................................................................
X .,OWNERS; Q CONTRACTORS PROT.............................................
.EACH OCCURRENCE li
.....................................
FIRE DAMAGE (Any one tire)
.......................... ......................I....................................
.........}...
.................. .............................
i:RETRO DATE FOR CLAIMS MADE:
EIMIeD. IXPENSE(Any one person) S
AUTOMOBILE LIABILITY
.COMBINED SINGLE LIMIT S
............ ANY AUTO ;
..............................................::5...................................
;BODILY INJURY (Per Person)
:...........................................
..........{: i.
:ALL OWNED AUTOS
. .....:........ ..............................
::BODILY INJURY (Per accident) s
;..•............................................>......................................
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:PFOPERTY DAMAGE S
:........... ................. ........ ..
::
HIRED AUTOS
-,-MEDICAL PAYMENTS
...........>
%NON -OWNED AUTOS
=:PERSONAL INJURY PROT.
:.......................:.......................}..
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GARAGE LIABILITY (
,UNINSURED MOTORIST !i..... .
AUTO PHYSICAL DAMAGE EALIVEHICLES ? ;SCHEDULED VEHICLES ;ACTUAL CASH VALUE
DEDUCTIBLE f........: :........... .......:............ .......
:=COLLISION:
'>
::STATED AMOUNT s
,OTHER THAN COL ........................
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OTHER ,
EXCESS LIABILITY
-EACH OCCURRENCE S
UMBRELLA FORM
:........................................................................................
:AGGREGATE
OTHER THAN UMBRELLA FORM .,RETRO DATE FOR CLAIMS MADE: / /
;,SELF -INSURED RETENTION S
;STATUTORY LIMITS
WORKER'S COMPENSATION #
'EACH ACCIDENT i
AND
EMPLOYER'S LIABILITY
':DISEASE -POLICY LIMIT #S
<.....................................
: IISEASE•EACH EMPLOYEE >tl
SPECIAL CONDITIONSIOTHER COVERAGES
t{.%{.}}::{.}:max•}••: ••::•>:..>:•}:>:.. .:•>::::; ::}:f}::s •}.:-:`;:>;::r�:':-$s-}:}-t$r: f:i $•::.. - .............
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$F.7/.i1�1Fn{P.4t�FA�TI.3/.F:1�:+.=%8:t•:ai:{{ii::�rf::ii:f'.{v:}:.?•r..•::::r:�d:::.�:::.,.,.::f..::.::::::.�.r.•r.�:. :: r:..,:.,.. $.. r.::. :+..::.�:::.. }.... w.c
.........:....r..............n+.r..............v.....................{..L+.................5#....:....n..v....v..,....:.....n;•;v::;•:.•....:......S;y:.v:::...•.r.....:
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.r, MORTGAGEE ? ADDITIONAL INSURED
:< LOSS PAYEE
:.
' LOAN #
AUTHORIZED REPRES6NTAjRIE
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4:{•. h:•%t.};Yn;:: ;•.�
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'�.
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..............
...{............. r. .+4�:%}d ............ .:..i.. ..:�.. riLJ.•iliiR�!Iiil. 4�1. 47�.�•}�.iFfi.-: .....
CONDITIONS
This Company binds the kind(s) of Insurance stipulated on the reverse side. The Insurance is
subject to the terms, conditions and limitations of the policy(les) in current use by the Company.
This binder may be cancelled by the Insured by surrender of this binder or by written notice to
1 the Company stating when cancellation will be effective. This binder may be cancelled by the
Company by notice to the Insured in accordance with the policy conditions. This binder is cancelled
when replaced by a policy. If this binder Is not replaced by a policy, the Company Is entitled
to charge a premium for the binder according to the Rules and Rates In use by the Company.
APPLICABLE IN NEVADA
Any person who refuses to accept a binder which provides coverage of less than
$1,000,000.00 when proof is required; (A) Shall be fined not more than $500.00, and (B)
Is liable to the party presenting the binder as proof of insurance for actual damages sus-
tained therefrom.
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ACORD 75S (Z/88)
ISSUE [LATE (MM/DO/YY)
03=/95
PRODUCER
Willis Carroon Construction
1717 Park Street, Suite 200
Naperville, IL 6OS63
(708) 637-1717
Ed Hart
...............................................................
INSURED
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AN
CONFERS NO RIGHT UPON THE CERTIFICATE HOLDER. THIS CERTIFICAT
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY TI
POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
:COMPANY
LETTER A Royal Insurance Company
................................... I ................................................................... I ................ ..............
.................................................... COMPANY
:LETTER B Royal Indemnity Company
.............................. . ..................... ...................... .................................................
:COMPANY
— C Westchester Fire Insurance Co. (Tri-City)
DAVENPORT COOLING TECHNOLOGY, INC.
P.O. BOX 11660 COMPANY
KMSAS CITY, MO "138 LETTER D
............................................. I ........ .................................... - ............................ .........................
COMPANY
LETTERE
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.
........................... I ....... I .............................. ................................. I ................................................................. : ........................................................ .......... — .................................................
POLICY EFFECTIVE : POLICY EXPIRATION
TYPE OF INSURANCE POLICY NUMBER LIMITS
:GENERAL I LAS LITY
A PTS436652
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE XOCCUR.
.......... ...........
OWNERS & CONTRACTORS PROT.
..........
w
.....................................
AUTOMOBILE LIABILITY
A
:ANY AUTO
X
:ALL OWNED AUTOS
:SCHEDULED AUTOS
X
::HIRED AUTOS
'NON -OWNED AUTOS
.
.........
GARAGE IJABIUTY
C EXCESS LIABILITY
X
::UMBRELLA FORM
-OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION
AND
EMPLOYER'S LIABILITY
P"
PTS436891
CUA100709
RTC436655
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
RE: City of Lubbock, TX
p. 600 Municipal Dr., Lubbock TX
Contract No.: NU140
Certificate holder Is included as Additional Insured pertaining
07/19/94 07/19195
07/19194
S 07/12195
07/19/94
07/19/95
07/19/94
07/19/95
GENERAL AGGREGATE
:8
2,000,000
. ..............................................
PRODUCTS-COMPIOP AGG.
..............................
is
2,000,000
..........................................
PERSONAL & ADV. INJURY
............. ................ .....
................................
:8
..................
1,000,000
.........
EAZH OCCURRENCE
1,000,000
FIRE DAMAGE (Any one fire)
50,000
.................... ................................................................
MED. EYPENSE (Any one person)::$
5,000
COMBINED SINGLE
1,000,000
LIMIT
........................................................................................
BODILY INJURY
:(Per Person)
:BODILY INJURY
:(PerAcdderM
PROPERTY DAMAGE
EACH OCCURRENCE
Ei
5,000,000
:AGGREGATE
........... .. ...........
:6
5,000,000
...........
STATUTORY umrrs
;EACH ACCIDENT
s
1,000,000
...................................... ..........
DISEASE -POLICY UMrT
. ..................................
:$
11000,000
...........................................
DISEASE -EACH EMPLOYEE
.........
Blanket Bldg Contents $257A00
EDP Limit $63,000
to general liability with respect to Ilablilly arising out of
the named Insureds operations an the referenced project.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
'Kiiii
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
Attention: Lucy
MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
City of Lubbock, Texas
Municipal Bldg.
LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
1625 - 13th Street
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
Lubbock, TX 79401
AUTHORIZED REPRESENTArM
oil
..................
. .. ........
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I
d..
I
c'$ {;i .... •:. ; ' .. :<: MATE (MM/DD"
...•..
9 �:z.. r'�:;�:.::•^xroa�sxz.: •:-xicda:.waxx;v.��:.�..,:.;.A :..�#•X.� •r• • �,•: • '. : : .. : : .. ..................::.�: �.... ....... .: ...... ..........
THIS IS EVIDENCE THAT INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED, IS IN FORCE AND CONVEYS ALL
THE RIGHTS AND PRMLEGES AFFORDED UNDER THE POLICY.
............................................................................................................................................,............. .... ,.......... .................. .......... .... ............ .......... ......... ..................... .......... ..........
.
PRODUCER :COMPANY
VAIlls Corroon Construction
1717 Park Street, SuBe 200
Naperville, IL 60563
CM) 637-1717 General Accident Insurance
Ed hart
CODE SUB -CODE
INSURED
DAVENPORT COOLING TECHNOLOGY, INC.
P.O. BOX 11660
KANSAS CITY, MO 64138
LOCATIONIDESCRIPTION
PROJECT: Design and Install Nov Cooling Tower
Location: $00 Municipal Dr.
Lubbock, TX
............... ........................................................... ..........
.....................................................................
...
LOAN NUMBER POLICY NUMBER
CIM0081727
..................................................................................... ...........................................................
EFFECTIVE DATE (MM/DD/YY) : DFIRATION DATE (MM/DD/YY) CONT. UNTIL
TERMINATED....
07/19/94 07/19/95 IF CHECKED.
.................................... .................. ...:........................................... ................... ........................
THIS REPLACES PRIOR EVIDENCE DATE:
COVERAGEIPERILSIFORMS AMOUNT OF INSURANCE DEDUCTIBLE
............... ............................................ ............................................................. ............. ........................... ....................... ............................ ............. .............................. .:.............. ..............
All Risk per General Accident Insurance form 699,970 2,500
$100,000 Each for TranaR and Temp. Loc.
Excludes Flood i Quake
THE POLICY IS SUBJECT TO THE PREMIUMS, FORMS, AND RULES IN EFFECT FOR EACH POLICY PERIOD. SHOULD
THE POLICY BE TERMINATED, THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDENTIFIED BELOW 30 Days
WRITTEN NOTICE, AND WILL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD AFFECT THAT
INTEREST, IN ACCORDANCE WITH THE POLICY PROVISIONS OR AS REQUIRED BY LAW.
't��`j� t ,,��tt��3v,::{$';$:;{rit:$:i•: .. .:•Y:• �{::$:•::.}}:{•}:•:tiv$'::{:: {{{{{{r,.}} ��':%$:>.�$$$:i4
� . IM:'{{i'F:I��iY-: ;r.,: $$:j?:::}:':: {$: ::Y.•{'r :.. ...4Yr:C•i}jE.}:{. {Y. u:� x{.{.ir.:-0 ..:::.Y}i'•:3}::. �::::::.v: .... .. .:... r:...:. v. .. .. : .. ...:.........
NAME AND ADDRESS NATURE OF INTEREST
City of Lubbock, Texas MORTGAGEE X 'ADDITIONAL INSURED
Municipal Bldg.
1625-13th Street
Lubbock, TX 79401 ........ LOSS PAYEE
SIGNATURE OF AUTHORIZED•AGENT �5F COMPANY I.
t--- L--� L- L--' L-- L--- LL�- L-- L---
7,
STATE OF TEXAS
COUNTY OF LUBBOCK
CONTRACT
THIS AGREEMENT, made and entered into this 8th day of December 1994, by and between the City of Lubbock, County
rof Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred to
as OWNER, and DAVENPORT COOLING TECHNOLOGY. INC. of the City of KANSAS• County of JACKSON, and the
State of MISSOIIRI, hereinafter termed CONTRACTOR
r
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed
by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby
r, agrees with OWNER to commence and complete the construction of certain improvements described as follows:
BID #13086 - LUBBOCK, POWER AND LIGHT COOLING TOWER REPLACEMENT FOR $699,970.00.
rr" 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.
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k
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.
t
ATTEST:
c &—tt —
�^ Secretary
APPAVEAS 76 aomEN It
ATTEST:
Corporate Secretary
CONTRACTOR:
DAVENPORT COOLING CHNOLOGY, INC.
By:
TITLE. �U,wc, P�
Of
COMPLETE ADDRES .
P.O. Box 11660
Kansas City, MO 64138
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GENERAL COMMONS OF THE AGREEMENT
r
I
r-
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.
t . 2. CONTRACTOR
r- 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: DAVENPORT COOLING TECHNOLOGY. INC.
who has agreed to perform the work embraced in this contract, or to his or their legal representative.
3. OWNER'S REPRESENTATIVE
Whenever the word Owner's Represeutative or representative is used in this contract, it shall be understood as referring to
JAY WADSWORTH, LP&L OPERATIONS 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 ttepresentative, but
shall not directly supervise the Contractor or men acting in behalf of the Contractor.
The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Proposal, Signed
Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if
any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for his inspection in
accordance with the Notice to Bidders.
5. INTERPRETATION OF PHRASES
Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary,' "Prescribed," or words of
like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of
the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," 'Satisfactory," or words of like
import shall mean approved by or acceptable or satisfactory to the Owner's Representative.
6. SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for
performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any
Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents,
but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor.
7. VA TITEN 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.
7
8. WORK
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools,
superintendence, labor, insuran0e, and all water, light, power, fuel, transportation and all other facilities necessary for th—
execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall
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 —
technic al 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 ture or project contemplated by the contract documents has be —
made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require min
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 layo
of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not
reliev,e the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense to him and he
shall keep one copy of same consistently accessible on the job site.
12. RIGHT OF ENTRY
The Owner's Representative may make periodic visits to the site to observe the progress of quality of the executed work an
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 fc—
the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto M
efforts will be directed towards providing assurances for the Owner that the completed project will conform to the
requirements of the contract documents, but he will not be responsible for the Contractor's failure to perform the work in
accordance with the Contract Documents. On the basis of his onsite observations, he will keep the Owner informed of the
progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of the Contractor.
13. LINES AND GRADES
All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commencement of the
work contemplated by these contract documents or the completion of the work contemplated by these contract documents. —
Whenever necessary, Contractor shall suspend his work in order to permit Owner's Representative to comply with this
requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation
therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades_
will be needed. All stakes, marks, etc., shall be cardhIly 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 famished 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
a 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.
r- The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all
d risk in connection therewith shall be borne by the Contractor.
The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any
subcontractors, or any of his agents or employees, or any other persons performing any of the work.
17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the 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.
Pot
i
If any work which is required to be inspected, tested, or approved is covered up without written approval or consent of the
Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for
r 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.
22. DEFECTS AND THEIR REMEDIES
It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or
selected for the same, shall be deemed by the Owner or Owners' Representative as unsuitable or not in conformity with
plans, specification and contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's
Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full
accordance with this contract. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at
Contractor's expense.
23. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line,
grade, form dimensions, plans or or materials for the work herein contemplated, or any part thereof, either before or after
the beginning of the construction, without affecting the validity of this contract and the accompanying bond.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for
damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the
increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity
actually done and at the unit price established for such work under this contract; otherwise! such additional work shall be
paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any
work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for
any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in
preparation for the work as originally planned.
24. EXTRA WORK
The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the
Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work
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 1001/6, 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 (151/6) of the actual field cost to be paid to Contractor shall
cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements
of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or
Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same
shall be included in the "actual field cost."
No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any
orders or instructions appear to the Contractor to involve extra work for which he should receive compensation or an
adjustment in the construction time, he shall make written request to the Owner's Representative for a written order
authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to
the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the
work after making written request for written order and shall keep adequate and accurate account of the actual field cost
thereof, as provided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to
arbitration as herein below provided.
25. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of this contract that all work described in the proposal, the specifications, plans and
other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all
appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by
Owner's Representative. If the Contractor finds any discrepancies or omissions in these plans, specifications, or contract
documents, he should notify the Owners' Representative and obtain a clarification before the bids are received, and if no
such request is received by the Owner's Representative prior to the opening of bids, then it shall be considered that the
Contractor fully understands the work to be included and has provided sufficient sums in his proposal to complete the work
in accordance with these plans and specifications. ,It is further understood that any request for clarification must be
submitted no later than five days prior to the opening of bids.
26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work
with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in
writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order.
If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor
shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of
compliance with the schedule of progress.
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i_. 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
r others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building
and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the
"Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible
with federal, state or municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend,
indemnify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or claims of any
character whatsoever, brought for or on account of any injuries or damages received or sustained by any person or persons
or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the
execution and supervision of said contract, and the project which is the subject matter of this contract, on account of the
1. failure of Contractor or any subcontractor to provide necessary barricades, warning lights, or signs and will be required to
pay any judgment with costs which may be obtained against the Owner or any of its officers, agents, or employees including
�..� attorney's fees.
The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as an Independent
Contractor, inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the
Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the
Contractor of his duty and shall not be construed as any assumption of duty to supervise safety precautions by either the
Contractor or any of his subcontractors.
28. CONTRACTOR'S INSURANCE
The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as
hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried
with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection
with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering
the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to
contract execution.
A. Comprehensive General Liability Insurance
The contractor shall have Comprehensive General Liability Insurance with limits of 1,000,000 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)
I The City is to be named as an additional insured on this policy for this specific job, and copy of the endorsement
I doing so is to be attached to the Certificate of Insurance.
B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance.
The Contractor shall obtain an Owner's Protective or Contingent Public Liability Insurance policy naming the City
of Lubbock as additional insured and the amount of such policy shall be as follows:
For bodily injuries, including accidental death and or property damage, 1,000,000 Combined Single Limit. This
policy shall be submitted prior to contract execution.
C. Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury/Property Damage, $1,000,000 Combined Single Limit,
to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned
Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the
endorsement doing so is to be attached to the Certificate of Insurance.
D. Builder's Risk Insurance
The Contractor shall obtain a Builder's Risk policy in the amount of 100% of the total contract price (100% of
potential loss) naming the City of Lubbock as additional insured.
E. Umbrella Liability Insurance
The Contractor shall have Umbrella Liability Insurance in the amount of $1,000,000 on all contracts with coverage
to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages.
F. Worker's Compensation and Employers Liability Insurance
Worker's Compensation Insurance covering all employees whether employed by the Contractor or any
Subcontractor on the job with Employers Liability of at least 1,000,000
1. Definitions:
Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -
insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-
84), showing statutory workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the project until the
contractor's/person's work on the project has been completed and accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in ❑406.096) includes all persons or entities
performing all or part of the services the contractor has undertaken to perform on the project, regardless of
whether that person contracted directly with the contractor and regardless of whether that person has
employees. This includes, without limitation, independent contractors, subcontractors, leasing companies,
motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes
persons to provide services on the project. "Services" include, without limitation, providing, hauling, or
delivering equipment or materials, or providing labor, transportation, or other service related to a project.
"Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
2. The contractor shall provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor
Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the
duration of the project.
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3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded
the contract.
4. if the coverage period shown on the contractor's current certificate of coverage ends during the duration of
the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage
with the governmental entity showing that coverage has been extended.
5. The contractor shall obtain from each person providing services on the project, and provide to the
governmental entity:
(a) a certificate of coverage, prior to that person beginning work on the project, so the governmental
entity will have on file certificates of coverage showing coverage for all persons providing
services on the project; and
(b) no later than seven days after receipt by the contractor, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the project.
6 The contractor shall retain all required certificates of coverage for the duration of the project and for one
year thereafter.
7. The contractor shall notify the governmental entity in writing by certified mail or personal delivery,
r within 10 days after the contractor knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project.
%. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the
Texas Workers' Compensation Commission, informing all persons providing services on the project that
they are required to be covered, and stating how a person may verify coverage and report lack of coverage.
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9. The contractor shall contractually require each person with whom it contracts to provide services on the
project, to:
(a) provide coverage, based on proper reporting of classification codes and payroll amounts and
filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.011(44) for all of its employees providing services on the project, for the duration of
the project;
(b) provide to the contractor, prior to that person beginning work on the project, a certificate of
coverage showing that coverage is being provided for all employees of the person providing
services on the project, for the duration of the project;
(c) provide the contractor, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(d) obtain from each other person with whom it contracts, and provide to the contractor:
(1) a certificate of coverage, prior to the other person beginning work on the project; and
(2) a new certificate of coverage showing extension of coverage, prior to the end of the
coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
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(f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days
after the person knew or should have known, of any change that materially affects the provision
of coverage of any person providing services on the project; and
(g) contractually require each person with whom it contracts to perform as required by paragraphs
(1) - (7), with the certificates of coverage to be provided to the person for whom they are
providing services.
10. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is
representing to the governmental entity that all employees of the contractor who will provide services on
the project will be covered by workers's compensation coverage for the duration of the project, that the
coverage will be based on proper reporting of classification codes and payroll amounts, and that all
coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured,
with the commission's Division of Self -Insurance Regulation. Providing false or misleading information
may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil
actions.
11. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor
which entitles the governmental entity to declare the contract void if the contractor does not remedy the
breach within ten days after receipt of notice of breach from the governmental entity.
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for
approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of
compliance with the above insurance requirements, signed by an authorized representative of the insurance
company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date borne by such
certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such
certificate.
(5) A provision that the policy may be canceled only by mailing written notice to the named insured at the
address shown in the bid specifications.
(6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of
the policies shown on the certificate.
(7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job
specifications. No substitute of nor amendment thereto will be acceptable.
(a) If policy limits are paid, new policy must be secured for new coverage to complete project.
(9) A Contractor shall:
(a) provide coverage for its employees providing services on a project, for the duration of the project
based on proper reporting of classification codes and payroll amounts and filling of any coverage
agreements;
(b) provide a certificate of coverage showing workers' compensation coverage to the governmental
entity prior to beginning work on the project;
(c) provide the governmental entity, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the contractor's current
certificate of coverage ends during the duration of the project;
(d) obtain from each person providing services on a project, and provide to the governmental entity:
(i) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
(ii) no later than seven days after receipt by the contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days
after the contractor knew or should have known, of any change: that materially affects the
provision of coverage of any person providing services on the project;
(g) post a notice on each project site informing all persons providing services on the project that they
are required to be covered, and stating how a person may verify current coverage and report
failure to provide coverage. This notice does not satisfy other posting requirements imposed by
the Act or other commission rules. This notice must be printed in at least 19 point normal type,
and shall be in both English and Spanish and any other language common to the worker
population. The text for the notices shall be the following text provided by the commission on
the sample notice, without any additional words or changes:
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to this
construction project must be covered by workers' compensation insurance. This includes
persons providing, hauling, or delivering equipment and materials, or providing labor or
transportation or other service related to the project, regardless of the identity of their
employer or status as an employee."
"Call the Texas Workers' Compensation Commission at 5121440-3789 to receive information
on the legal requirementfor coverage, to verify whether your employer has provided the
required coverage, or to report an employer's failure to provide coverage." and
(h) contractually require each person with whom it contracts to provide services on a project, to:
(i) provide coverage based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements for all of its employees providing services on the
project, for the duration of the project;
(ii) provide a certificate of coverage to the contractor prior to that person beginning work on
the project;
(iii) include in all contracts to provide services on the project the language in subsection (e)
(3) of this rule;
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(iv) provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(v) obtain from each other person with whom it contracts, and provide to the contractor:
(1) a certificate of coverage, prior to the other person beginning work on the
project; and
(2) prior to the end of the coverage period, a new certificate of coverage showing
extension of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(vi) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter,
(vii) notify the governmental entity in writing by certified mail or personal delivery, within
10 days after the person knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project; and
(viii) contractually require each other person with whom it contracts, to perform as required
by paragraphs (A) - (I), with the certificate of coverage to be provided to the person for
whom they are providing services.
29. DISABLED EMPLOYEES
Contractors having more than 15 employees agree to comply with the Americans with Disabilities Act of 1990, and agree
not to discriminate against a qualified individual with a disability -because of the disability of such individual in regard to
job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and
other terms, conditions, and priviliges of employment.
30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF
MACHINERY, EQUIPMENT AND SUPPLIES
The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any demands of
subcontractors, laborers, workmen, mechanics, materialmen and 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
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from any loss on account thereof. If the material or process specified or required by Owner is an infringement, the
Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement.
32. LAWS AND ORDINANCES
' The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations,
which in any manner effect the contract or the work, and shall indemnify and save harmless the Owner against any claims
arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. If the
Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners'
Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work.
If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without
such notice to the Owner's Representative, he shall bear all costs arising therefrom.
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i 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
t.• 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
r contractual agreement.
l 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 S100.00 (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.
f' It is further agreed and understood between the Contractor and Owner that time is of the essence of this contract.
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r 35. TIME AND ORDER OF COMPLETION
! It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be
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allowed to prosecute his work at such time and sessions, in such order of precedence, and in such manner as shall be most
conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the
work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications,
and within the time of completion designated in the proposals; provided, also, that when the Owner is having other work
done, either by contract or by his own force, the Owner's Representative may direct the time and manner of constructing
work done under this contract so that conflicts will be avoided and the construction of the various works being done for the
Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which
shall show the order in which the Contractor proposes to carry on the work, with dates at which the Contractor will start the
several parts of the work and estimated dates of completion of the several parts.
36. EXTENSION OF TIME
The Contractor agrees that he has submitted his proposal in full recognition of the time required for the completion of this
project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has
considered the liquidated damage provisions of paragraph 33 hereinabove set forth and that he shall not be entitled to, nor
will he request, an extension of time on this contract, except when his work has been delayed by an act or neglect of the
Owner, Owner's Representative, employees of the Owner or other contractors employed by the owner, or by changes ordered
in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for
an extension of time, submitting therewith all written justification as may be required by Owner's Representative for such an
extension as requested by Contractor. The Owner's Representative within ten (10) days after receipt of a written request for
an extension of time by the Contractor supported by all requested documentation shall then submit such written request to
the City Council of the City of Lubbock for their consideration. Should the Contractor disagree with the action of City
Council on granting an extension of time, such disagreement shall be settled by arbitration as hereinafter provided
37. HINDRANCE AND DELAYS
In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time herein
fixed, he has taken into consideration and made allowances for all hindrances and delays incident to such work, whether
growing out of delays in securing material or workmen or otherwise. No charge shall be made by the Contractor for
hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the
work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such
expense as in the judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to
Contractor.
38. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid
contents, number and weight only shall be considered, unless otherwise specifically provided.In the event this contract is let
on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other
contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the
estimated quantities are shown for the various classes of work to be done and material to be fiunished 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 arty 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.
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40. PRICE FOR WORK
In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the
Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and
stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the proposal attached hereto,
which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all
materials and all labor required for the aforesaid work, also, for all expenses incurred by him and for well and truly
performing the same and the whole thereof in the manner and according to this agreement, the attached specifications,
plans, contract documents and requirements of Owner's Representative.
41. PAYMENTS
No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either
wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at
any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate
'. showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made,
Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by
reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a
waiver of all claims against Owner which have not theretofore been timely filed as provided in this contract.
42. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial
payment. Owner's Representative shall review said application for partial payment and the progress of the work made by
the Contractor and if found to be in order shall prepare a certificate for partial payment showing as completely as practical
the total value of the work done by the Contractor up to and including the last day of the preceding month; said statement
shall also include the value of all sound materials delivered on site of the work that are to be fabricated into the work.
The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's
Representative's Certificate of Partial Payment, less S% of the amount thereof, which S% 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
E 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 accordancewith 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 31st day after the date of certificate of
completion, the balance due Contractor under the terms of this agreement, provided he has fully performed his contractual
obligations under the terms of this contract; and said payment shall become due in any event upon said performance by the
Contractor. Neither the certificate of acceptance nor the final payment, nor any provisions in the contract documents shall
relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the special conditions (if
any) of this contract or required in the specifications made a part of this contract.
45. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK
Contractor shall promptly remove from Owners' premises all materials condemned by the Owner's Representative on
account of failure to conform to the contract, whether actually incorporated in the work or not, and Contractor shall at his
own expense promptly replace such condemned materials with other materials conforming to the requirements of the
contract. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or
replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written
notice by the Owner or the Owner's Representative, Owner may remove and replace it at'Contractor's expense.
46. CORRECTION OF WORK AFTER FINAL PAYMENT
Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for
faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work
resulting therefrom, which shall appear within a period of one (1) year from the date of substantial completion. The Owner
or the Owner's Representative shall give notice of observed defects with reasonable promptness.
47. PAYMENT WITHHELD
The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to
such extent as may be necessary to protect himself from loss on account of:
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence indicating possible filing of claims.
(c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor
(d) Damage to another contractor.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which will
protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them.
48. TIME OF FILING CLAIMS
It isfurther agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in
writing and filed with the Owner's Representative within fifteen (15) days after the Owner's Representative has given any
directions, order or instruction to which the Contractor desires to take exception. The Owners' Representative shall reply to
such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal
from the decision of the Owner's Representative, any demand for arbitration shall be filed with the Owner's Representative
and the Owner in writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's
Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of
the final payment shall be a bar to any claim by either party, except where noted otherwise in the contract documents.
49. ABANDONMENT BY CONTRACTOR
In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from
the Owner or the Owner's Representative, or if the Contractor fails to comply with the orders of the Owner's Representative,
when such orders are consistent with this contract, this Agreement, or the Specifications hereto attached, then the Surety on
the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the
Contractor.
After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment,
tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for
work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of
the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra
Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of
such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement.
r
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:
y
(a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said
r- Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment,
t 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
r 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
1 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.
r- 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
r 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
r cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor
a and/or his Surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools,
materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to
complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner
within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the
site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the
Contractor and his Surety at the respective addresses designated in this contract; provided, however, that actual written
notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be
held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect
such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools,
materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale
may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any
machinery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than the
Contractor or his Surety, to their proper owners.
au. ABANDONMENT BY OWNER
In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms
within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the
work, and may remove therefrom all machinery, tools, and equipment, and all materials on the ground that have not been
included in payments to the Contractor and have not been 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 pro -visions made by the Contractor
to carry the whole work to completion, and which cannot be utilized. The Owner's Representative shall then make a final
statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and
all other sums that may be retained by the Owner under the terms of this Agreement, and shall certify same to the Owner
who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance
shown by said final statement as due the Contractor, under the terms of this Agreement.
51. BONDS
The successful biddershallbe required to furnish a performance bond and payment bond in accordance with Article 5160,
Vernon's Annotated Civil Statutes in the amount of 100% of the total contract price, in the event said contract price exceeds
$25,000.00. If the contract price does not exceed $25,000.00, the statutory bonds will not be require. All bonds, if
required, shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to
do business in the State of Texas. And it is further agreed that this contract shall not be in effect until such bonds are so
furnished.
52. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special conditions conflict
with any of the general conditions contained in this contract, then in such event the special conditions shall control.
53. LOSSES FROM NATURAL CAUSES
Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work to be done, or
from the action of the elements, or from any unforeseen circumstance and the prosecution of the same, or from unusual
obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the
Contractor at his own cost and expense.
54. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct,
supervise, and control his own employees and to determine the method of the performance of the work covered hereby. The
fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during his performance and
to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative
hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent
contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other
person, firm, or corporation.
55. CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the
completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus materials and shall leave
the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may
remove the debris and charge the cost to the Contractor.
CURRENT WAGE DETERMINATIONS
r~
r
i.cav , u t, 1 Vtl 7L:)Ue
January 8, 1987
Agenda Item #18
E
DGV:da
RESOLUTION
WHEREAS, the City Council has heretofore established the general
prevailing rate of per diem wages for each craft or type of workmen or
mechanics needed to execute public works contracts for the City of Lubbock
in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and
WHEREAS, such wage rates were established by Resolution No. 719
enacted February 12, 1981, updated by Resolution No. 1590 enacted February
23, 1984; and
WHEREAS, such rates need to be updated at the present time in order
to reflect the current prevailing rate of per diem wages; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the general prevailing rate of per diem wages for public works
• .contracts shall be as set forth in the following named exhibits, which
exhibits shall be attached hereto and made a part hereof for all intents
and purposes: .
Exhibit A: Building Construction Trades
Exhibit B: Paving and Highway Construction Trades
Exhibit C: Electrical Trades
Exhibit D: Overtime Rate
Exhibit E: Weekend and Holiday Rate
Such wage rates are hereby found and declared to be the general prevailing
rate of per diem wages in all localities where public works are undertaken
on behalf of the City of Lubbock and such wage rates shall be included in
all public works contracts as provided by law.
Passed by the City Council this 8th day of January 1987.
• fifE
Ranettd,,-Boyd, City Secretary
APPROVED T OI�TENT:
,
Bi 1 P yne, D rector of Building
Services
Z. e - !7/ z hU04--4 ---
B.C. McMINN, MAYOR
APPROVED AS TO FORM:
Do ld G. Vandiver, First
Assistant City Attorney
r
EXHIBIT A
City of Lubbock
Building Construction Trades
Prevailing Rates
Craft
Acoustical Ceiling Installer
Air Conditioner Installer
Air Conditioner Installer -Helper
Bricklayer
Bricklayer -Helper
Carpenter
Carpenter -Helper
Cement Finisher'
Drywall Hanger .
Electrician
Electrician -Helper
Equipment Operator -
Heavy
Light
Floor Installer
Glazier
Insulator, Piping/Boiler
Insulator -Helper
Iron Worker
.Laborer, General
Mortar Mixer
Painter
Plumber
Plumber -Helper
Roofer
Roofer -Helper
Sheet Metal Worker
Sheet Metal Worker -Helper
Welder - Certified
Hourly Rate
$11.60
8.35
5.50
10.50
5.00
11.00
5.50
7.35
8.70
10.50
5.25
8.00
5.70
8.00
7.50
9.50
5.00
7.30
4.75
5.60
8.75
9.25
6.00
7.65
4.75
8.75
5.50
8.00
EXHIBIT B
Paving and Highway Construction
Prevailing Wage Rates
Craft
Asphalt Heaterman
Asphalt Shoveler
Concrete Finisher
Concrete Finisher -Helper
Electrician
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. _
SPECIFICATIONS
SPECIFICATIONS
FOR THE
REPLAC EMERT OF PLANT 2
UNIT.' NO. 4 & UNIT NO. 5
COOLING TOWERS
LUBBOCK POWER AND LIGITI'
PRODUCTION DFPARTME:NT
HOLLY AVENUE GENERATING PLANT
3500 SLATON HIGHWAY
LUBBOCK, TEXAS
OCTOBER 1994
GENERAL REQUIRI+'MENTS
The, following specification defines provisions for the
replacement of the Fleet 2 Unit No. 4 and Unit No. 5 Cooling
Towers located at 600 Municipal give in Lubbock, Texas.
Lubbock Power & Light proposes to replace the existing Lili.e
Hoffmann cooling towers with new cooling towers to improve
per•formanos, reliability, and lower maintenance cost. The new
cooling towers shal). be design in such a manor so ae to with
stand dry storage for A period of 8+ months without ill effects,
and fit in the current existing basins. The existing tower has
been in servioe since 1952 and 1953 respectfully.
SCOPES
The Contractor shall furnish and install two (2) induced -draft,
r_•ounterflow-type, field -erected, film --filled, industrial grade
cataloged cooling towers. The Contractor shell also Provide the
` following. cooling tower equipment, materials, asbuil.t drawings,
and services including engineering, shipping, therrr:al
performance testing, supervision and -field labor to complete the
replacement:
$anin Dimensions
The existing basins dimensions are:
72' 4 3/8" wide X 83' 8 3/8•• long X 3' 2" Depth
Height Requirement
The maximum height of the water inlet, measured from the top of
the existing pillars to the e-,enter 'line of the water inlet is
23' 4 1/2".
Thermal Perforuk znoe
The replacement towers each shall be capable of cooling
15,000 GPM of 'water from 100 F to 80 P with a wet; bulb
teroperature of 70 F. The manufactxirer shall guarantee that
the towers supplied will meet the spe •ified performance
conditions when the tower is ine;talled according to Plans.
The Contractor shall arrange for and on -site thermeLl,
performance test, to be conducted in the presents of the
Lubbock Power & Light (LP&L) rerresentative, under :.he
supervision of a q%ial ified, disinterested third party in
accord%anc* with Cooling Tower Tnatitute ATC-105 .tandards;
during the first year of operation . If the towers fails the
manufacture shall do what ever is necessary to insure the
towers will pass. The Contractor shall pay for all cf the
additional test with no extra charges to LP&L.
Design Loading
The towers and all .its components .shall ,be able to withstand a
load equal to a .wind velocity of 100 mph as well as a Zone 1
seismic load_, The minimum design for the fan deck and other
working levels will be a uniform load of 60 psf and a live point
I
oad of 600 lbs. The maximum deflection allowed shall be 1/180
of span with an applied load of 60 psf: The fill supports and
fill must be able to support a dive load of 60 psf.
Water Quality
The towers shall be designed using the following water
characteristics as minimum values.
Ca.l_•ium (CaCO3)
Chlorides (NaCl)
Chlorine (CL)
pH range
Phosphate (P(D4)'
silica (SiO2'
Sodium Bic.(NaHCO3')
:Sulf ate (-04)
Oil or grease
Zinc
Max. water temperature
Structure
600 to 801 ppm
1500 ppm
0_01 ppm
8-0 to 8.3
5 ppm
100 ppm
200 ppm
1500 ppm
1-0 pprn
0.48 ppm
1''0 F
The towers frame shall be made of pultr ceded fiber•glast:
composites or stainless steel. The columns and diagonals shall
be 3'• 11 3'• or- large box-secfions, with a. minimum 0.25" wall
thickness. Columns shall be placed on 6' centers longitudinally
and transversely. Column anchorage shall be to the r_oncrete
cold water basin using a heavy 300 series stainless steel
anchor clips.
Longitudinal and transverse girls shall be 1 1/8 " X 4" X 0.25"
channel sections. Cirts shall be placed on both sides of the
interior columns; and on the inside of all perimeter columns_
Gir•ts at the fill and fan deck support level shall be
structurally equivalent to 1 5/8" X 6" X 0.25" thick. Girt lines
shall be spaced on 6' vertical centers (except to clear the fill
then the gists should be moved up.)
Diagonal bracing shall be design to transfer the different
lr_.ading schemes that may arise. (le. tension and compression -
Live and dead lords Diagonal connectors that are transmitting
fcrces thrcuch the ,column lines shall be ' of I C,.5" fi'oer• reinforr_-ed
polyester (FPk) or equivalent. Anchorage of the diagonals shall
be as mention previously in the section on column anchorage.
mlte line, of action through the diagonals to the point of
an-hrjraae shall be direct.
I
F
All structural connections and splices shall be through bolted
using; 0.5" diameter, or larger, Series 300 machine bolts, nuts
and washers. There shall be no glue connections of structure,
decking, fan cylinders, or any other fiber reinforced polyester
(FPR) component. Edges exposed in fabrication shall be
thoroughly coated with polyester resin or equivalent.
Critical framing joints shall be reinforced with 0.5"I.D.
structural PVC or equivalent. Framing specific to those joints
shall be factory -drilled to accept insertion of the tubes.
Fan Deck and Fan Cylinders
The fan deck shall be considered a working platform for
maintenance personnel. The fan deck shall be supported by
framing gists, and shall have integral Structural rib molded
in on 13" centers to insure a safe work area. The fan deck
shall. be constructed of molded 0.675" thick FPR and shall
have a nor. -skid surface . The - an deck shall not protruCle a.
ma.•.imum of 1' in to the fan cylinder area -
Fan cylinders shall be a minimum of 6' in height and have
rased inlets for smooth rir•floo . The fan cylinders shall be
venturi-type design cylinders, with an above deck operating
level of 1.5% of the overall fan diameter. Fan tip clearance
r sha.11 not exceed u. 5 0 of the tan diameter and cantered in
i
the cylinder.
Each fan cylinder segments shall be through -bolted to both
the fan deck and primary deck framing; members. fan cylinder
connection and anchorage hardware shall be made from series
D010 stainless steel..
I Water Distribution System
Hot water distribution in each cell shall be handled by
means of headers, branch arms, laterals, and nozzles. The
joint between branch arms and nozzles shall be threaded so
nozzles can be easily removed for cleaning; oi• the branch
arms. Water distribution will occur above the fill and
below the drift eliminators. The water distribution system
shall be made of the. following materials:
Headers RTR or PVC
Branch arms and nozzles Injection -molded polyprc,pylene
Laterals PVC
Nozzles shall be large orifice, low pressure, down spray
type, no restric:tors, and no moving parts. The piping
system shall be designed to insure equal flow to all the
nozZles.
FM
Headers- and branch arm will have their own cleanout located
A a.t their ends. Each header mill also be vented to
atmosphere at the downstream end by meaner of a standpipe.
Headers shall be designed with individual flange connections
located approximately 1' outside the tower casing and on the
transverse center line of the cells. The flanged connection
shall conform to the 1250 flanged specification with the
appropriate bolt.circle and inlet dimensions.
Drift Eliminators and Fill
The drift eliminators shall be made from 17 mil or heavier
thermal -formed PVC_ The eliminators shall be of cellular
construction. triple -pass and restrict drift losses to
0.005` of designed GPM flow rate. The eliminators shall be
located on g;irts with maximum centers of 6'.
The fill shell be made from 15 mil or heavier thermal -formed
PVC. Fill shall be of cellular film-,•anstrur_•tion with a
Max
i.nr.m Height of layers (to prevent clogging). Fill
shall be supported in sur;h r manor so as withstand
oper__.t4onal loading, or a minimum live Load of 60 psf.
Cell Partition
The cell partitions shall be placed to allow each fan to be
operated .and cycled individually. Par•titiona shall run,from
casing, to casing,, and from the tor_ tD± the fill to the
underside of the fart deco:_ A full length partition shall
run from end to end, and from the basin girt level to the
bottom of the fill. If endwalls are open for air, entry,
v: irLd voa.11s• shall extend inwar�-J at an approximate 45 degree
ankle from the corner columns of the end cells to meet the
Longitudinal partition- All Partitions shall be made from S
oz.; sq. ft. FRP panels.
Casing
All endwalls and sidewalls above the air inlet shall be
cas•ed.. The casing shall be attached with stainless steel
screw shank, self tapping; fasteners, and self sealing
washers. If casing is lapped it shall shed water inwards,
and casing that is lapped vertically shall be sealed water
tight_ The casing ends at the corners cf the tower shall be
covered by 90 corner rolls. The casing stall be made from
6 oz.,%sq_ft. corrugated FFP panels. Casing; ends and corner
casing; shall be made from 12 oz isq ft. FFP
Mechanical Equipment
The towe-ns shall ce equipped per cell with an electric
Motor, extended drive shaft, geared speed -reduction unit,
multi -blade propeller -type fan, and a rigid unitized
support.
Electric Motor
r
The electric motor specification shall include the
following:
+ 480 VAC
3-Phase
* 60 Hz
w single speed 1800 RPM
1.15 service factor
k Individual disconnect
+ Individual breaker
Maximum vibration 0.314 in/s
Located outside the fan cylinder
+' Totally inclosed
Single pole, double -throw vibration limit switch in a
NEMA 4 housing
Colid state capacitance -actuated, CSA approved low oil_
level switch
+ All conduit. on Unit No 4 shall be run to the northwest
corner
+ All conduit on Unit No 5 shall be run to the southeast
corner
All condi).it shall terminate at and elevation of 1.8"
above the tole of the basin
All control wiring shall be in a separate conduit from
the supply wiring the conduit shall terminate at the,
same location as the supply
Conduit shall have the same life expectancy as the
other towers components
TDrlve shaft
The drive shaft assembly shall be made of the following:
*. Non -lubricated
+ Full floating
+ Carbon fiber/glass/epoxy composite
Type 316 stainless steel flanges attached. with type 316
stainless steel compression ring
Couplings shall be cast type 304 stainless steel with
type 302 stainless steel inserts
lleoprene bushings
Dynamically balanced (maximum vibration 0.314 in/s)
Two (2) stainless steel drive shaft guards attached to
the mechanical equipment supports.
Gear Box
Gear reduction unit shall be as follows:
Right-angle type
Utilizing; helical and/or spiral bevel matched gear sets
Case shall be epo,,�y coated ASTM class- 20 gray cast ir•orL
-+ Bearings shall be tapered roller bearings
+ splash lubricated in a bath of turbine type marLeral ail
units shall be able to run in forward or reverse
shall meet CTI STD-111 and AGMA Std.420.04
2.0 minim -am service factor and applied horsepower
+, Run-in and adjusted prior to shipment
+ rust proofed prior to shipment
Each cell shall be equipped with and external oil level
gauge and gear reducer drain line, terminating at a sight -
glass and plug located outside the fan cylinder near the
:actor _
Each fan shall be manufactured from FRP, with the
appropriate pitch and taper for maximum airflow. The fans
shall also come with a minimum of 6 blades and erosion -
resistant leading edge. Hubs shall be fabricated out hot -
dip galvanized steel and ductile cast iron, and asserribl.ed
with. series 3f 0 stainless steel_ ..poke nubs if used re<_iuir•e
.a FRP hub cover to stop recirculating the air- hubs s;hal. l
be statically balanced at the factory, and dynamically
balanced after the unit is installed i. maximum vibration
CI . �14
The complete mechanical e luiprrtent assembly for- each cell
shall be supported by a rigid, unitized tor -clue tube type
support that prevents misalignment between the motor end the
gear reducer. I.,3upport .shall be heavy -walled tubular steel.,
tr) which heavy plate platforms for the motor and gear
reducer have been v:elded, as well as structural outriggers
.for tabilit;y_ The assembly shall be hot -dip galvanised
after fabrication_
-;_'he mechanical assembly meaning the motor, drive shaft, gear
reducer and fan blade shall have a vibration after
installation of less than or equal to 0_314 in/_-_
Access and Safety
The tower shall be designed and equipped to provide
comfortable, safe access to all components requiring
periodic maintenance
The fan deck of the tower shall be surrounded fiberglass
handrails and kneerails conforming to OSHA standards.
One end. of the tower shall be. equipped with a structural
fiberglass stairway rising from the level of the cold water
basin curb to the fan deck. The stair- shall be as follows:
45 deg,36" wide, with 3" rise and run
+ Treads Shall have non-skid surfaces
+ 'Landing shall occur- at every 6' in elevation
Handrails and kneer•a.i:9_S X 2" through -bolted to
:+ x 3" stairway post
t All stairway bolts an fastener--- shall be fabricated
from series 300 stainless steel
A structural fiberglass vertical ladder and safety cage per
OSHA recommendation shall be provided at the other end of
the tower.
Each cell shall have a 30" square lift off hatch with a
fiberglass ladder leading to a 3' X 6' ie.nding.
Each fan cylinder shall have removable segments of
sufficient size to allow for the removal of all mechanical
ecuipment components, and shall have r coupling guard,
conforming to OSHA standards, to Shroud that portion of the
drive shaft that extends outside the fan cylinder.
>ndl temporary electric utilities shall be provided by Lubbock
Power & Light.
CODES AND STANDARDS
Ally str�:ctur'al and miscellaneous components shall r:e: designed,
fabr•ited, and erected in accordance with the A.S.M.E :ones aria
thy: Ccooling Tower Institute standard.:_, latest editicn.
All work shall be performed in accordance with all applicable
Federal, ta.te, County. and Municipal cads--, 1.tws, and ordinances
raf the C-Ity of Lubbock, Lubbock County. Texas.
Basin Modification
Cooling tower basin modification must be approved 'by LP-SzL'U
representative prior to work commencing:.
Tower Supply Piping
The Contractor shall be responsible for all suPpiy piping
from and elevation 3" above the towers basin. The piping
shall be supported from the tower•, and inline with existing
Supply pipe.
References
The contractor shall provide list of five (5) coinparable
towers in operation a minimum of three years with name:,
phone number, and address of the representatives.
DRAWINGS AND SUBMITTAL
rOne (1) reproducible and two (2) copies of all owner -.pproved
items shall be providled. Drawings shell be asbuilt and approved.
All drawings and other data shall become the property of the
owner. The Contractor shall include with their quotation
�amplete frame -work loading diagrams for• all models. quoted,
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SPECIAL CONDITIONS
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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
r" Lubbock all such documents within ten (10) days from your receipt of this Notice.
The five percent (5%) bid security, submitted with your proposal, will be returned upon the execution of such contract
documents and bonds within the above specified ten (10) day period. In the event you should fail to execute and furnish such
contract documents and bonds within the time limit specified, said bid security will be retained by the City of Lubbock.
CITY OF LUBBOCK
Owner's Representative
MAP IN FILE
SEE
RESOLUTION
Resolution No. 4678
December 8, 1994
Item 4114
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 Davenport Cooling Technology, Inc., of Kansas City,
Missouri, to furnish and install all materials as bid for the LP&L Cooling Tower Replacement -
Plant II for the City of Lubbock, which contract is attached hereto, which shall be spread upon
the minutes of the Council and as spread upon the minutes of this Council shall constitute and be
a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 8 tt
ATTEST:W.
Betty . Jo soh, City Secretary
APPROVED AS TO CONTENT:
Victor Kilmak, Purchasing Manager
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Assistant City Attorney
DGV:dp\G:\ccdocs\Cooling.Res
November 30, 1994
�7e
CITY OF LUBBOCK
SPECIFICATIONS FOR
LUBBOCK, POWER AND LIGHT COOLING
TOWER REPLACEMENT
BID #13086
CITY OF LUBBOCK
Lubbock, Texas
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City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
606-767-2167
MAILED TO VENDOR
CLOSE DATE:
Office of
Purchasing
November 10,1994
November 16,1994 @ 2:00 P.M.
Bid #13086 - LUBBOM POWER, AND LIGHT COOLING TOWER REPLACEMENT
ADDENDUM # 1
Please modify or amend Contract Documents as follows.
1. The ambient Dry Bulb Temperature for design purposes shall be 94 Degrees F.
2. A starter and an isolating switch of appropriate size shall be supplied for each cooling tower motor.
For additional information or clarification concerning this bid should be submitted in writing and directed
to Ron Shuffield, Senior Buyer.
PLEASE RETURN ONE COPY WrM YOUR BID
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CITY OF LUBBOCK
REQUEST FOR BIDS
FOR
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TITLE: LUBBOCK, POWER AND LIGHT COOLING TOWER REPLACEMENT
BID NUMBER: 13086
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PROJECT NUMBER: 9056.8290
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CONTRACT PREPARED BY: PURCHASING DEPARTMENT
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INDEX
1. NOTICE TO BIDDERS
2. GENERAL INSTRUCTIONS TO BIDDERS
3. BID PROPOSAL - BID FOR LUMP SUM CONTRACTS
4. PAYMENT BOND
S. PERFORMANCE BOND
6. CERTIFICATE OF INSURANCE
7. CONTRACT
8. GENERAL CONDITIONS OF THE AGREEMENT
9. CURRENT WAGE DETERMINATIONS
10. SPECIFICATIONS
11. SPECIAL CONDITIONS
12. NOTICE OF ACCEPTANCE
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NOTICE TO BIDDERS
BID 913086
Sealed bids addressed to Ron Shuffield, Senior Buyer, City of Lubbock, Texas, will be received at the office of the
Purchasing Manager, Municipal Bldg., 1625 13th St., Room L-04, Lubbock, Texas, 79401, until 2 :00 o'clock p.m. on the 16th day
of November,1994, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and
perform all work for the construction of the following described project:
LUBBOCK, POWER AND LIGHT COOLING TOWER REPLACEMENT
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 15th day of Deccmber,1994, at the Municipal Building, 1625 13th
Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive
any formalities. The successful bidder will be required to furnish a performance bond and payment bond in accordance with Article
�.. 5160, Vernon's Ann. Civil St., in the amount of 100% of the total contract price in the event that said contract price exceeds
F $25,000.00. Said statutory bonds should be issued by a company carrying a current Best Ratine of B or suNriot as the rating of the
` bond company is a factor that will be considered in determination of the lowest responsible bidder. If the contract price does not
exceed $25,000.00 the said statutory bonds will not be required.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check
issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to
the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder
will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him.
It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions
under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and
considered in the preparation of the bid submitted.
The plans, specifications, proposal forms and contract documents may be examined at the office of the Purchasing Manager
for the City of Lubbock, 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.
F�
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 -9th day of November,1994, at 10:00 o'clock a.m., in the LP&L Electric Production
Conference Room, 3500 E. Slaton Hwy., 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.
7ON
OF L BOCK
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SENIOR BUYER
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ADVERTISEMENT FOR BIDS
BID # 13086
Sealed bids addressed to Ron Shuffield, Senior Buyer, Purchasing Department, City of Lubbock, Texas, will be received at
the Purchasing Office, Municipal Building, 1625 13th Street, Roam L-04, Lubbock, Texas, 79401 until 2:00 o'clock p.m. on the
16th day of November,1994, or as changed by the issuance of formal addenda to all planholders„ to furnish all labor and materials
and perform all work for the construction of the following described project:
LUBBOCK, POWER AND LIGHT COOLING TOWER REPLACEMENT
After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Buyer and
publicly read aloud.
The plans, specifications, bid forms and contract documents may be examined at the office of the Purchasing Manager for
the City of Lubbock, Texas.
Attention of each bidder is particularly called to the Schedule of General Prevailing Rate of Per Diem Wages included in the
contract documents on file in the office of the Purchasing Manager of the City of Lubbock, Texas. Each bidder's attention is further
directed to the provisions of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning such wage
scales and payment by the contractor of the prevailing rates of wages as heretofore established by the City of Lubbock.
The Cityof 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.
j,.. There will be a prebid conference on the 9th day of November,1994, at 10:00 a.m., in the LP&L Electric Production
Conference Room, 3500 E. Slaton Hwy., 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 LUBBOCK, POWER AND LIGHT COOLING TOWER
REPLACEMENT.
7 2. CONTRACT DOCUMENTS
All work covered by this contract shall be done in accordance with contract documents described in the General Conditions.
All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction
of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents.
3. PLANS FOR USE BY BIDDERS
It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the
contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge of
forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders.
4. T1ME AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed within 150 (One -hundred fifty) 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
1 such action as the City deems necessary to insure completion of the project within the time specified.
S. PAYMENT
` All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract
documents.
6. AFFIDAVITS OF BILLS PAID
!^ The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an
affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by
the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been
notified.
7. MATERIALS AND WORKMANSHIP
r` 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.
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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 ,% itten general guarantee which
shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature
whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work
as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock).
9. PLANS FOR THE CONTRACTOR
The contractor will be furnished one set of plans and specifications, and related contract documents for his use during
construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The
Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for
proper prosecution of the work contemplated by the Contractor.
10. PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies,
machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the
work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its
certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract
has been awarded, to require of a bidder the following information:
(a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the proposed
contract and all work in progress with bond amounts and percentage completed.
(b) A sworn statement of the current financial condition of the bidder.
(c) Equipment schedule.
11. TEXAS STATE SALES TAX
This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04
of the Texas Limited Sales, Excise and Use Tax Act.
The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be
incorporated into the work without paying the tax at the time of purchase.
12. PROTECTION OF SUBSURFACE LINES AND STRUCTURES
It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to
exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground
structures which might or could be damaged by Contractor during the construction of the project contemplated by these
contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines
and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities
aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work
contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas,
at Contractor's expense.
13. BARRICADES AND SAFETY MEASURES
The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take
such other precautionary measures for the protection of persons, property and the work as may be necessary. The
Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and
when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost
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° and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date
of issuance to Contractor of City's certificate of acceptance of the project.
14. EXPLOSIVES
�— The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City.
In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for
all damage which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are
authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall
further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of
w construction activity.
Explosive materials shall not be stored or kept at the construction site by the Contractor.
In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be
the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the
site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable
the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however,
shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations.
15. CONTRACTOR'S REPRESENTATIVE
The successful bidder shall be required to have a responsible local representative available at all times while the work is in
progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number
where such local representative may be reached during the time that the work contemplated by this contract is in progress.
16. INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General
Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory
to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will
be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the
insurer waiving the right to subrogation.
The insurance certificates furnished shall name the City as an additional insured and shall further state that all
subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from the
Contractor to the effect that no work on this particular project shall be subcontracted.
17. LABOR AND WORKING HOURS
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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
rrequirements 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
r' applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays
unless the following conditions exist:
(1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its
citizens.
(2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the
penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract
within the allotted time.
Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the
Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and
obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow
construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative.
In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract
which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day
of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life.
is. 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).
Bid proposals may be withdrawn and resubmitted at an time prior to the time set for opening of the bids but no proposal
P Po Y Y� P P g P Po
r may be withdrawn or altered thereafter.
21. BOUND COPY OF CONTRACT DOCUMENTS
r 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.
(i) General Conditions.
f (g) Special Conditions (if any).
(h) Specifications.
,.. (i) Insurance Certificates.
(j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders.
If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by
reference into the aforementioned contract documents.
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BID PROPOSAL
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BID PROPOSAL
LUMP SUM PROPOSAL CONTRACT
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PLACE: KANSAS CITY, MISSOURI
DATE: NOVEMBER 15, 1994
PROJECT NUMBER: #13086 - LUBBOCK, POWER AND LIGHT COOLING TOWER REPLACEMENT
Proposal of DAVENPORT COOLING TECHNOLOGY, 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 forbids for the construction of a COOLING TOWER REPLACEMENT FOR
LUBBOCK, POWER & LIGHT, BID # 13086, PROJECT # 9056.8280
having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract
documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the
proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies; and to
construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the
price stated below. The price to cover all expenses incurred in performing the work required under the contract documents, of which
this proposal is to be a part of, is as follows: ( EXCEPT WHERE NOTED IN OUR EXCEPTIONS &
CLARIFICATIONS)
Five hundredd iixty two thousand nine hundred and 562,996.00 )
MATERIALS: ninety sir, dolars
One hundred thirty six thousand nine hundred and
SERVICES: seventy four dollars (S 136,974.00 )
Six hundred ninety nine thousand nine hundred and
TOTALBID: seventy dollars (s 699,970.00
(Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.)
Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to
Proceed" of the Owner and to fully complete the project within 150 (One -hundred fifty) consecutive calendar days thereafter as
r 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.
7 Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with instruction
number 20 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the
scheduled closing time for receiving bids.
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The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans,
specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or
before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in
the contract documents.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified
check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without
recourse to the order of the City of Lubbock in an amount not less than five percent (5% ) of the total amount of the bid submitted as
a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of
the contract to him.
I Enclosed with this proposal is a Cashier's Check or Certified Check for
Dollars ($ ) or a Proposal Bond in the sum of THIRTY—FIVE THE & N0/1U0 Dollars ($ 35, 000. 00),
which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the
Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within
ten (10) days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be
r 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.
DAVENPORT COOLING TECHNOLOGY, INC.
Contractor
BY:
PROPOSALS ENGINEER
(Seal if Bidder is a Corpo ' n)
ATTEST:
Secretary
Raven ort
Specialists in Cooling Tower Technology
OUR REF: NIDAINS/NU140-94/SCT
EXCEPTIONS TO SPECIFICATIONS
1. Demolition of existing towers and any concrete basin repair work by others.
2. Cold water basin perimeter safety handrails, as required, by others.
Cooling Tower Specifications
3. Distribution nozzles would be Davenport standard injection molded noryl plastic instead
of polypropylene.
4. Headers are sized and positioned to minimize pipework modifications.
5. Our proven in service DF381 anti -plugging fill with a total of 4 layers is used instead of
2 layers specified. Please see enclosed document relating to our DF381 fill.
6. The proposed drive shafts would be by Addax, with 316 stainless hubs and hardware,
composite fiber spacer tube with wound composite flanges and carbon fiber flex element,
with 316 stainless steel bushings polyurethane coated.
7. Our standard design unitized welded steel channel frame would be used instead of a
torque tube assembly tQ support and maintain alignment of the fan machinery.
CLARIFICATIONS
Labor
Our bid is based on the use of non -union, working an eight (8) hour day, 40 hour/5 day week,
with no weekend work.
Work by Others
A. Draining and cleaning out of the cooling tower basin prior to our arrival on site.
B. Provision for a reasonable area adjacent to the cooling tower for accommodation of our
job trailer and safe storage of materials.
1
r
Davenport
Specialists in Cooling Tower Technology
OUR REF: M DA/NSINU140-9a/SCT
C. Provision of a 110 volt power supply adjacent to the work area and temporary
accommodation free of any cost to Davenport
D. We do not expect our personnel to be subjected to delays due to health checks or safety
instruction, and if such delays occur, additional costs would be incurred.
E. Issuing permits to work would be arranged prior to normal commencement and any delay
in receipt would be chargeable.
F. Adequate access to jobsite.
G. Isolation of power supplies and hydraulic flow.
2
LIST OF SUBCONTRACTORS
Minority Owned
Yes No
1. STAR COOLING TOWERS, HOUSTON, TX X
2. CONSTRUCTION DESIGN INC., KANSAS CITY, KS _ X
I BOESE HILBURN OR APPROVED EQUAL _Nr
4.
6.
7.
8.
9.
10. _
►e
F
i f /�' t
1141-Im', A m V es 2
r•+
4mwesC Surety Insurance Company 9997-40
BOND NO.. 03
.JODLAND HILLS, CALIFORNIA PREMIUM: -0-
BID DATE: November 16, 1994
PUBLIC WORKS BID BOND
Know all men by these presents:
That we, DAVENPORT COOLING TECHNOLOGY, INC.
(hereinafter called Principal), as Principal, and AMWEST SURETY INSURANCE COMPANY, a corporation (hereinafter called Surety),
organized and existing under the laws of the State of California and authorized to transact a genorai surety business In the State of
Texas , as Surety, ere held and firmly bound unto TO THE HONORABLE MAYOR AND
CITY COUNCIL CITY OF LUBBOCK, TEXAS
(heretnafter called Obligee) in the penal sum of FIVE percent ( 5 %) of the bld amount. but in no event to exceed
f^
i
Thirty. five thousand and no/100 — — — — — — — — — — — — — r —.Dollars($ 35,000.00 )
for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns,
ir'-tly and severally, firmly by thew, presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, whereas the Principal has
submitted or Is about to submit a proposal to the Obligee on a contract for PROJECT #13086 — Lubbock, Power and
Light Cooling Tower replacement at 600 Municipal Drive, Lubbock, Texas
NOW, THEREFORE, If the contract is awarded to the Principal and the Principal has wlthln such time as may be cpecltled, entered
Into the contract in writing, and provided a bond. with surety acceptable to the Obligee for the faithful performance of the contract; or
if the Principal shalt tail to do so, pay to the Obligee the difference not to exceed the penalty hereof between the amount specified In
the bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by the
bid, then this obilgation shall be void; otherwise to remain in full force and effect.
I
` SIGNED, SEALED AND DATED THIS 15thDAY OF November t9 94
DAVENPORT COOLING TECHNOLOGY, INC.
(Pant nr P,ne
By:
(slpn.wra d vwwr�l
AMWEST SURETY INSURANCE COMPANY
By:-
fOhn J oriarty, Anorney-in-Fact
7
F
F
7
i'!'' W'{3'�3 �� �. � Y WTVi^L V'� l"�'�J�� Y'l-^YTS' f'S-5''F! .ff.�� 'J'{l"v ' V �'�:+'�iL+�Al'���'CoV �G�•VJ�pV�Yi:V�.6'W'•Y'�i�Y�Y�."V�W�'iJ'p",Y"rT•V"J'YI �'.�3 �Ll4i✓��ii`l
NOT VALID FOR BONDS
EXECUTED ON OR AFTER
POWER NUMBER * -4
3-07-95
CS'^ 7,-,
2�;�97 _
j
f► j d i'6 �' %Fl% ! li d%i�}�
�aA�}.�zJ
:a
I L I •/ �. I M I
/ / / , /1�.1*.iy, '.
This document is printed on multicolored security paper with black and red ink, with border in blue ink and bears the raised
seal of Amwest Surety Insuratce Company (the -Company-). Only unaltered originals of this Ere Power of Attorney avalid. This
j Power of Attorney is valid solely in connection with the execution and delivery of the bond noted below and may not be used
in conjunction with any other power of attorney. No representations or warranties regarding this Power of Attorney may be made
by any person. This Power of Attorney is governed by the laws of the State of California. Any power of attorney used in connection
Jt with any bond issued by the Company must be on this form and no other form sball have force or effect.
KNOW ALL MEN BY THESE PRESENTS, that Amwest Surety Insurance Company, a California
i cor�oration (the"Company"), does hereby make, constitute and appo int:
EDWAkD L. HART GREGORY K. KESSLER
MARCIA A. RITTER
MICHAEL M. OCHSENSC HLA GE R
JOHN W. PAYNE
JOHN J. MORIARTY
JAMES W. BURNIE
JOANNE C. WAGNER
AS EMPLOYEES OF WILLIS CCRROCN CCRP- OF ILLINOIS OF CHICAGO, IL
its true and lawful Attomey-in-Fact, with limited power and authority for and on behalf of the Company as surety
to execute, deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings,
recopnizances or other Y written obligations in the nature thereof as follows: $ Bid Bonds up to +YYYS 00,000 .00
A Contract (Performance & Payment), Court, Subdivision $**1,000,000
License & Permit Bonds up to $*Y***50,000.00
4 Miscellaneous Bonds up to $Y***100,000.00
Small Business Administration Guaranteed Bonds up to $;**Y5OO,OOO
and to bind the Company thereby. This appointment is made under and by authority of the By -Laws of the
Company, which are now in full force and effect.
CERTIFICATE
I, the undersigned secretary of Amwest Surety Insurance Company, a California corporation,
DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked
and furthermore, that the resolutions of the Board of Directors set forth on the reverse, and that the relevant
provisions of the By -Laws of the Company, are now in full force and effect.
Bond number Bid Bond .Signed and sealed this
11-16-94 Bid date
►A
Karen G. Cohen, Secretary
15th day of November 19 94
0000329997 - 40
b 36-2691200 CH
Resolutions of the Board of Directors
This Poxyer of :Xttorncy is signed and sealed by facsimile under and by the authority of the folloxying resolutions adopted by the
Board of Directors of Anitye;t :Surct\' Insurance Company at it ineetins; dui\• heid on December 15. 19-5:
RFSOL\'I:1). that the President or am• Tice President, in conjunction with the Secretary or an\' :%ssistan[ Sc:crertry.
may app<,int attorney,-in-t:lct or a�t4Cnn tyith authority as defined or lilllttL d in the instrument Cyidencing the appointment
in each ca v. kw and on hChalf of the C:onlpany. to Cxecute and (_Miser :Ind affix tilt: seal of the e:onipany to horlds.
Undertakings. rCCt>gnizanccs. and stu•Ctyship obligations of ail kinci., uan ! .aid ottict:rs milk- remote elm• such attorney -in -
fact or agent and revoke am- power of attorney pre\'ioush- granted to suCll prison.
RI:SOL\'El) Fl R'flifiR. that any bond. undertaking, rec<>gllirancC, cdr;urutvship obligation shall he Valid and billdin,
upon the Company:
(i) +then signed by the President or :Illy Vice President :Ind attested :Ind sealed t if a se;il he required) by an\•
:Nec•retary or .Xs,,istant Sccretarv: or
00 tt 1!ell slglle(I h% the Pl•e.sidc•nt ( it a nv \ It'e Prve,idelll I w St.( rulafy : w :\>�istallt 1t't'I'('lall . ;I Ild Cl 1I11I('C lg!lVl1
nI scaled lit a .val he required) by .1 tlllly :lmhorizcd :utornt't-in-Llcr a '.I ent: or
(iii) t hen duly Csecuted and sealed (it' a ;Cal he required 1 by one nt' morC attorneys -in -fact or agents pursu;mt
Ir; and tyithin tilt iinlita of the authority ryidcncecl ll\ Lite poac'r I)f aitorncy is.stied by the Company to
such person or persons. ._
IWI-4 11\'FD i l •R'I•I iLR. that the signawl-C of Jn%' authoriZL'U officer Auld tilt seal of the (;rnilll:nl)' may he affixed by
facsimile ro any power of attorney or certification thereof authorizing the cxC0ition and delivrn of art bond. undertakin�iy.
recognizamc', or other S111MVship ohli;gations of the Conlll:nly: anti such-ion,IWIV and tyheil 10 usCd ;hill! 11aVC ncC -
racC t21rc'C and CffeCt :is though manually atfiscd. IN \4ITNEsS.W1 iFI?F0F, Anityest Sliret\' insurance Company has caused Illex prose ms to be si<,n(•d by its proper officers, and
its corporate seal to be hereunto allixed this Ist clay of_lanuary. 1993,
tt�tituuruutp,�,
-may • IIFOP�: r lohn E. �r•anc. rc-ictcnt I:artn c;. c:ciitcn. �ccrct:uy
J''/������Jpnlntuttttttt`````` •
State of California
County of Los :\n-eles
r
On January' 1. 1993 before me. Peggy 13. Lotton Notary Puhlic. ilCrsclrl:lik ;ti IIC:u't'J 11:iul F. ;It;lgC ::nd h::ren l;. i c;hCn. per-I
sonalIv known to tile for proved to tile on the basis of satisfactory evidence) to.be the ncrson(..s1 tt'tlose IYamelsl is are ;tlbscrlbed
to the within instrument and ackno\ylcd"Cd to Me ;ill that he She they CxrcutCd the S:unC in hi; hCr [heir authorized canacityl ie; �.
and that by his her. their signaturtlst on the instrument the pet:sonl;t, or t!le Cntiiy upon behalf o1 "Mich tile persontsl acted. ex-
ecuted the instrument. OFFICIAL 7Expires
t
;�< ...... PEG•GY B.
WITI�i S$ m Iand and official ;cal. - Notary PUNIc-
`® LOS ANGELES
My CommWoSi nature (Seal July 28.
lti
ern- B. Lorton. \omn- Public'
Restrictions and Endorsements
STATE OF ILLINOIS
COUNTY OF DUPAGE
On this 15th day of November , 19 94 , before me personally came
John J. Moriarty to me known, who
being by so duly sworn, did depose and say: that he/she is
Attorney -in -Fact of AMWEST SURETY INSURANCE COMPANY
the Corporation described in and which executed the foregoing instrument; that
he/she knows the seal of said Corporation; that the seal affixed to said instrument
is such corporate seal; that it was so affixed by authority granted to him/her in
accordance with the By -Laws of the said Corporation, and that he/she signed
his/her name thereto by like authority.
TARY PUBLIC
My Commission 04 Eres
OFFK AL SEAL
Julie A. Saftuska
My Commission Expires 11-3-99
0
PAYMENT BOND
r- STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160
1 OF THE REVISED CIVIL STATUTES OF TEXAS
AS AMENDED BY
ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION, Bond #1274675
1959
r
r
Davenport Cooling
KNOW ALL MEN BY THESE PRESENTS, that Technology. Inc. (hereinafter called the Principal(s), as
Principal(s), and
Amwest Surety Insurance Company
(hereinafter caj)Cldx un i� )pine y��s�b�i e �lo fi�ttily bound unto the City of Lubbock (hereinafter tailed the Obligee), is
the amount ofninP htmdrPd GPVPnty and n Dollars (S699, 970, 00 lawful moneyof 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.
W EREAS, the Prinz- aal has entered into a certain written contract with the Obligee, dated the 8th day of
December 19 94 , to
Lubbock County Cooling Tower replacement at the Power & Light Plant,
600 Municipal Drive, Lubbock, Texas
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 tl+.is bond shall be determined in
accordance with the provisions of said Article to the same extent as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and scaled this instrument this 16th day of
December 19 94,
Amwes_t Surety Tnsurance Company
Surety
(Title)
Marcia A. Ritter
Attorney —in —fact BOND CHECK
BEST RATING
LICENSED IN T S
DATE ---- k-
DavgnRor Cooling Technology. Tncr .
Principal
7bBv: ✓ `
(Title) roposals Mgr.
By:
(Title)
By:
(Title)
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates _
Kelly J. Brooksan agent'resident in Lubbock County to whom any requisite notices maybe delivered and on whom service of
process may be had in matters arising out of such suretyship.
Amwest Surety Insurance Comp --
Surety
4(Ti
Approved as to Form Texas Resident Agent
City of bbock e
By: ^
ity A orney
* Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that thi
person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our V.
y
NOT VALID FOR BONDS
EXECUTED ON OR AFTER POWER NUMBER
3-07-95
31
This document is printed on multi -colored security paper with black and red ink, with border in blue ink and bears the raised
seal of Amwest Surety Insurance Company (the 'Company*). Only unaltered originals of this Power of Attorney are valid. This
Power of Attorney is valid solely in connection with the execution and delivery of the bond noted below and may not be used
in conjunction with any other power of attorney. No representations or warranties regarding this Power of Attorney may be made? by any person. This Power of Attorney Is governed by the laws of the State of California. Any power of attorney used in connection
with I
any bond Issued by the Company must be on this form and no other form shall have force or effect.
KNOW ALL MEN BY THESE PRESENTS, that Amwest Surety Insurance Company, a California ;f
corporation (the"Compan "), does hereby make, constitute and appoint:
EDWARD L. HART GREGORY K. KESSLER
MARCIA A. RITTER
MICHAEL M. OCH SE NSC HLA GE R
JOHN W. PAYNE
JOHN J. MORIARTY
JAMES W. BURNIE
JOANNE C. WAGNER
AS EMPLOYEES OF WILLIS CCqPOCN CCRP OF ILLINCIS CF CHICAGO, IL
its true and lawful Attomey-in-Fact, with limited power and authority for and on behalf of the Company as surety
to execute, deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings,
recopizances or other written obligations in the nature thereof as follows:
6 1 d bonds up to 1 *5 0 0 , 0 0 0 . 0 0
Contract (Performance Payment), Court, SutCiviSion $**1,000,000"I
License & Permit Bonds up to $******50,000.00
0
Miscellaneous Bonds up to $**_—*100,000.00
Small ;business Administration Guaranteed Bonds up to $-_*_-_-500,000,_i
and to bind the Company thereby. This appointment is made under and by authority of the By -Laws of the
Company, which are now in full force and effect.
CERTIFICATE
1, the undersigned secretary of Amwest Surety Insurance Company, a California corporation,
DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked X
IT,
and furthermore, that the resolutions of the Board of Directors set forth on the reverse, and that the relevant
provisions of the By -Laws of the Company, are now in full force and effect.
Bond number
7
1274675
- Signed and sealed this 16th day of
Karen G. Cohen, Secretary
December
19 94
0000330007 — 84
b 36-2691200 CP
f
STATE OF ILLINOIS
COUNTY OF KENDALL
On this 16tgay of December , 19 94 , before me personally came
Marcia A. Ritter to me known, who
being by so duly sworn, did depose and say: that he/she is
Attorney -in -Fact of Amwest Surety Insurance Company
(" the Corporation described in and which executed the foregoing instrument; that
he/she knows the seal of said Corporation; that the seal affixed to said instrument
is such corporate seal; that it was so affixed by authority granted to him/her in
accordance with the By -Laws of the said Corporation, and that he/she signed
his/her name thereto by like authority.
19, -Y AIr
NOTARY PUBLIC:
My Commission Expires
M �+��!
F
DCAIANE K RITi ERry Public State of ;fj,':!5) : ..
PERFORMANCE BOND
STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160
OF THE REVISED CrM STATU IES OF TEXAS AS
AMENDED BY
r ACTS OF THE 56TH LEGISLATURE. REGULAR SESSION 1959 Bond #1274675
KNOW ALL MEN BY THESE PRESENTS, that Davenport (hercina8er Technology,.
ilenthoe Priinncipal(s), as Principal(s), and
Amwest Surety Insurance Company
(heremafter called
he u eds)ninet r (snare eod and �y bound unto the City of Lubbodc (hereinafter called the Obligee).
the amount of Sig, , �' a „ey*., ,� ,,,,�} ollars (S 699, 970. OP 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 the8th day of
rDecember .19_j4o
1 Lubbock County Cooling Tower replacement at the Power & Light Plant,
F600 Municipal Drive, Lubbock, Texas
gad 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 pan 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; otherwis+
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 State
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 went as if it were copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument thi16thday of
rna�PmhPr .19--.9_4
AMWEST SURETY INSURANCE COMPANY DAVENPORT COOLING TECHNOLOGY, INC.
*.. Sure -? Princ)pal
. By: / LIe;�IfCcA— C . �/ BY
/���
Mtle) Marcia A. Ritter Yroposalsdmgr.
Attorney -in -fact (Title)
By:
BOND (;FiEq(J (Tide)
BEST RATING By:
UCENSED IN (Title)
DAT��/
k
I
X
The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates
Kelly J. Brooks an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service oi-
process may be had in matters arising out of such suretyship.
Amwest Surety Insurance Company
Surety
*By
(Titic.
Texas Resident Agent
Approved as to Form
City of Lubbock
By. �hf
City Attorney
Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that th;,
person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our E
CERTIFICATE OF INSURANCE
P.
L
7
iPM
-
L
i
I
r
I
7.
THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE
SIDE OF THIS FORM.
........................................ ........................ ................ ........... ......................
PRODUCER:COMPANY
W ...................................................................................
<BINDER NO.
VAIIIs Corroon Construction
ROYAL INSURANCE CO. 00015619
1717 Park Street, Suite 200
................................ .......... ................ ........................
. DATE i"'116M .... 71111111,
...............
Naperville, IL 60563
....... .................... .................................................... .......................................... !� ..... ......
X AM ---1 .2
......... . ............
05/OM5 12.01 as,=/95
PM NOC
(708) 637-1717
........... ! ..................................................... ........ ........... ................................................ ........
Ed Hart
=THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED
?COMPANY PER EXPIRING POLICY NO:
CODE SUB -CODE
.............. — .............. .............................................................................
......................................................................................................................................................
DESCRIPTION OF OPERATIONS/VEHICLEIPROPERTY (IndudingLocadon)
INSURED
Desin and Instalof n ow cooling tower.
CITY OF LUBBOCK. TEXASSContrgact
Amount:lation $699,970
MUNICIPAL BLDG.
Project Location: 600 Municipal Dr., Lubbock TX
Contract Term: 05-06-95 to 06-30-95
1625 - 13TH STREET
Contractor. Davenport Cooling Technology, Inc.
LUBBOCK, TX 79401
Contract #: NU140
Assigned Policy No.: PTS43=3
TYPE OF INSURANCE COVERAGEIFORMS AMOUNT ? DEDUCTIBLE COINSUI
........... ...........................................................................
PROPERTY............
CAUSES OF LOSS
................................................................. ...................... .................... I .................. ...... ........
..'WI :BROAD :.SPEC.
............. ......... a
..................................................
GENERAL LIABILITY
ENERALAGGREGATE
............
COMMERCIAL GENERAL LIABILITY
....................................... ...................................
-compiop AGG. ucTs
$1,000,000 Per Occurrence
.1.1 ...................................................................................
kPERSONAL & ADV. INJURY
;CLAIMS MADE OCCUR:.
$1,COO,000 Aggregate
...........................................
...... .................... .... ........
-1-1-1-1-1 .... ........
X OWNERS & CONTRACTORS PROT.
EACH OCCURRIE
............................... ....................................................
..........
41RE DAMAGE (" one fire) IS
............ ........................... ......................
:'.RETRO DATE FOR CLAIMS MADE:
......................... ................. ...................................
-,MEO. MMENSE(AW one peon)
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
:.................I....
I - ANY AUTO
...................... ................. ..............
.
*BODILY INJURY (Per person)--*8
.......... ..
I ALL
-
............. I .......... ...................................
'BODILY INJURY (Per a—ld nQ
I ............................. ..................................
...........
..............
'PROPERTY DAMAGE
SCHEDULED AUTOS
.............................. .......................... I ...................
..........
HIRED AUTOS
:MEDICAL PAYMENTS A
...................................
NON -OWNED AUTOS
...............................................
PERSONAL INJURY PROT. S
................. . ..................... .............
............
GARAGE LIABILITY
;UNINSURED MOTORIST 8
AUTO PHYSICAL DAMAGE isALL VEHICLES SCHEDULED VEHICLES -ACTUAL CASH VALUE
. 1. DEDUCTIBLE
.......... .. ...........
COLLISION-
;STATED AMOUNT
........... ........................
%OTHER THAN COL-
..................................
�OTHEFI
EXCESS LIABILITY
::EACH OCCURRENCE
..........
;UMBRELLA FORM
...............................................
'AGGREGATE
...........
..OTHER THAN UMBRELLA FORM 'RETRO DATE FOR CIAIMS MADE:
....................................... j� ...................................
........ i
SELF -INSURED RE N
RETENTION :s
:STATUTORYU MITS :::v
.......... .......................................
WORKERS COMPENSATION
.
`EACH ACCIDENT
ANDii
............................................... ....................................
EMPLOYERS LIABILITY
;DISEASE -POLICY LIMIT .6
................................................ ; ..................................
1OISEAsE-EACH EMPLOYEE
SPECIAL CONDITIONSIOTHER COVERAGES
.......... .. ............
-k-R
'0
R
MORTGAGEE <ADDITIONALINSURED
........ ........
K*�s LOSS PAYEE
.................................................. . ...... ...........................................................
LOAN f
AUTHORIZED REPRESENTATIVE
.... .....
... ............
............
X X
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F
CONDITIONS
This Company binds the kind(s) of Insurance stipulated on the reverse side. The Insurance is
subject to the terms, conditions and limitations of the policy(ies) In current use by the Company.
This binder may be cancelled by the Insured by surrender of this binder or by written notice to
the Company stating when cancellation will be effective. This binder may be cancelled by the
Company by notice to the Insured In accordance with the policy conditions. This binder Is cancelled
when replaced by a policy. If this binder Is not replaced by a policy, the Company is entitled
to charge a premium for the binder according to the Rules and Rates In use by the Company.
APPLICABLE IN NEVADA
Any person who refuses to accept a binder which provides coverage of less than
$1,000,000.00 when proof is required: (A) Shall be fined not more than $500.00, and (8)
Is liable to the party presenting the binder as proof of Insurance for actual damages sus-
tained therefrom.
ACORD 75S (2/88)
F
'4
ISSUE DATE (MMIDONY)
............ 03120/95
4 . . . . . . . . . . . . . . .
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY Al
CONFERS NO RIGHT UPON THE CERTIFICATE HOLDER. THIS CERTIFICA.
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY I
Willis Corroon Construction
POLICIES BELOW.
1717 Park Street, Sufte 200
Naperville, IL 60563
COMPANIES AFFORDING COVERAGE
(M) 637-1717
COMPA
: UETTER W A Royal Insurance Company
EdHart
........... I .......... I ................................. I .......................... ........................ .................................................
...... ....... ..................................................................................... ............................ COMPANY :LETTER B Royal Indemnity Company
INSURED
COMPANY
C Westchester Fire insurance Co. (Tri-City)
DAVENPORT COOLING TECHNOLOGY, INC.
:LETTER
................................... I .......................................................... .............................. ...........................
P.O. BOX 11660
COMPANY
D
I(ANSAS CITY, MO 64138
LETTER
............................. ........................... .................................................... ........
..........................................
COMPANY
LETTER E
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDINO 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.
................................................................... .................................. I ....................... ............................................................................ I ............................... I .........................................
!POLICY EFFECTIVE ipoucyExPiRATiom
LTR: TYPE OF INSURANCE POLICY
RATE (MM/DWYY) DATE (MMfDD/YY) UMITS
:GENERAL IJABIUTV
A .. ..... PTS436652
07/19/94 07tI9/95 GENERAL AGGREGATE :6 2.000,000
X :COMMERCIAL GENERAL LIABILITY
.............................................. ................................
PROOUCTS-COMP/Op AGO. 2,000,000
::CLAJMSMADE X 'OCCUR.:
................................................ 4 ................................
PERSONAL & ADV. INJURY 11000,000
....................... I ........
':OWNER'S & CONTRACTORS PRar.
.................................. ......
EACH OCCURRENCE 11000,000
FIRE DAMAGE (Any one fire) 50,000
......... ....................................................
..................... .. ............
MED. EXPENSE one ial;i�wli
AUTOMOBILE tJABIIJTY
A PTS436891
q
COMBINED SINGLE
07/19/94 07/19/95 :6 1,000,000
:ANY AUTO
LIMIT
X AM OWNED AUTOS
.................................................. ...............................
BODILY INJURY :6
,SCHEDULEDAUTOS
(Per Person)
..........
X ::HIREDAUTOS
ABODILY INJURY
NON-OWNEDAUTOS
;(Per AccidenQ
GARAGE LIABILITY
..........
PROPERTY DAMAGE
C EXCESS LIABILITY CUA100709
a
=19194 07/19/95 EACH OCCURRENCE 8 51000,000
X .:UMBRELLA FORM
::AGGREGATE� 510001000
;OTHER THAN UMBRELLA FORM
. ..... .
WORKER'S COMPENSATION fnr436655
07119194 07/19/95 i STATUTORY UMITS
EACH ACCIDENT :S 1,000,000
AND
...
.................... ... . ........... ...................
�DISEASE-P06�'6i�i 1,000,000
EMPLOYER'S LIABILITY
........ .................................. ........... I ........... I I ..... I
�:DISEASE-EACH EMPLOYEE :6 11000,000
A OTHER Property PTS436553
07/19194 07/19/95 Blanket Bldg Contents -$257,000
EDP Umft $63,000
DESCRIPTION OF OPERATIONStLOCATIONSNEMICLESISPECIAL ITEMS
RE: City of Lubbock, TX
to general liability with respect to liability arising out of
600 Municipal Dr., Lubbock TX
the named Insureds operations on the referenced project.
Contract No.: NU140
Certificate holder Is Included as Additional Insured pertaining
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TC
Attention: Lucy
MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
City of Lubbock, Texas
Municipal Bldg.
kfLEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OF
1625 - 13th Street
LIABILITY OF ANY IaND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES
Lubbock,YX 79401
THORMED REPRESIENTArM
-K
Pw AC...O..W..)...... �
... ........ . I
1P 4i I-. w.....I...N......S.....i.�u..:....R..........
. .i:x
...... .. 00 ---- - - -1wIS DATE(MMM-O-
NY)0
OS 03295 /1
-% A-
. . . .......
THIS IS EVIDENCE THAT INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED, IS IN FORCE AND CONVEYS ALL
7 THE RIGHTS AND PRIVILEGES AFFORDED UNDER THE POLICY.
k66666i ....... ...... ......... .......... ......... ........ .......... ...... ::,,COMPANY ..... .. .. .... .. ....... ... .......... . .......
1.
Willis Corroon Construction
1717 Park Street, Suite 200
Naperville, IL 60563
(708) 637-1717 General Accident Insurance
Ed Hart
Is" CODE SUR CODE
...................................................................................................................................... :C6Aiii6kiiii ................ ............. .......................................................................................
INSURED POLICY NUMBER
DAVENPORT COOLING TECHNOLOGY, INC. CIMOOS1727
............................. I ......................... . .....................................................................................
P.O. BOX 11660 EFFECTIVE DATE (MM)DD/YY) EXPIRATION DATE (MM/DD^ = COW. UNTIL
TERMINATED
07/19/94
07/19195 IF CHECKED.
........................ I ................................. .................. ............ .........
KANSAS CITY, MO "138 THIS REPLACES PRIOR EVIDENCE DATE.
-
LOCATION/DESCRIPTION
PROJECT. Design and Install Now Cooling Tower
location: ON Municipal Dr.
Lubbock TX
COVERAGE/PERILS/FORMS AMOUNT OF INSURANCE DEDUCTIBLE
.......................................................................... ................................ ........................ ............................. ........................................ ...... ........... . .................. .......... .... ... ...
All Risk per General Accident Insurance form 699,970 2,500
$100,000 Each for Transit and Temp. Loc.
Ism
".7
Excludes Flood & Quake
I rM
THE POLICY IS SUBJECT TO THE PREMIUMS, FORMS, AND RULES IN EFFECT FOR EACH POLICY PERIOD. SHOULD
THE POLICY BE 7 TERMINATED, THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDENTIFIED BELOW 30 Days
—2--
WRITTEN NOTICE, AND WILL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD AFFECT THAT
INTEREST, IN ACCORDANCE WITH THE POLICY PROVISIONS OR AS REQUIRED BY LAW.
NAME AND ADDRESS NATURE OF INTEREST
........ : ..........
City of Lubbock, Texas i MORTGAGEE i X AIDDITIONAL INSURED
Municipal Bldg.
1625-13th Sir"
LOSS PAYEE (OTHEFQ ......................................
Lubbock, TX 7MI
SIGNATURE OF AUTH Or GENT F COMPANY
.......... .
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l..
CONTRACT
r.. STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 8th day of Pecember 1994, by and between the City of Lubbock, County
r of Lubbock, State of Texas, acting by and through David R Langston, Mayor, thereunto authorized to do so, hereinafter referred to
as OWNER, and DAVENPORT COOLING TECHNOLOGY. INC. of the City of KANSAS, County of JACKSON, and the
State of MISSOITRI. hereinafter termed CONTRACTOR
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed
by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby
r„ agrees with OWNER to commence and complete the construction of certain improvements described as follows:
1 BID #13086 - LUBBOCK, POWER AND LIGHT COOLING TOWER REPLACEMENT FOR $699970.00.
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 famish 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
r
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 W11EREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the
r,
year and day first above written.
r' ATTEST:
r Secretary —
APPAa " Tb—aONTF-
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f
r
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ATTEST:
Corporate Secretary
CONTRACTOR
DAVENPORT COOLING CHNOLOGY, INC.
By:
TITLE N P�
COMPLETE ADDRES .
P.O. Box 11660
Kansas City, MO 64138
GENERAL CONDITIONS OF THE AGREEMENT
GENERAL COMMONS OF THE AGREEMENT
1. OWNER
Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this contract, it shall be
understood as referring to the City of Lubbock, Texas.
2. CONTRACTOR
Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall be understood
to mean the person, persons, co -partnership or corporation, to -wit: DAVENPORT COOLING TECHNOLOGY. INC.
who has agreed to perform the work embraced in this contract, or to his or their legal representative.
3. OWNER'S REPRESENTA77VE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to
JAY WADSWORTH, LP&L OPERATIONS 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 authorized by said Owner to act in any particular under this
agreement. Engineers, supervisor or inspectors will act for the Owner under the direction of Owner's Representative, but
shall not directly supervise the Contractor or men acting in behalf of the Contractor.
The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Proposal, Signed
Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if
any), Specifications, Plans, insurance Certificate, and all other documents made available to Bidder for his inspection in
accordance with the Notice to Bidders.
5. MTERPRETATION OF PHRASES
Whenever the words 'Directed," "Permitted," "Designated," "Required," "Considered Necessary,' "Prescribed," or words of
like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of
the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," 'Satisfactory," or words of like
import shall mean approved by or acceptable or satisfactory to the Owner's Representative.
6. SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for
performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any
Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents,
but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor.
7. WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm
or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address
known to him who gives the notice.
S. WORK
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools,
ten�nce, labor, insuran0e, and all water, light, power, fuel, tiansportation and all other facilities necessary for th—
execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall
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 be —
made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require min
miscellaneous work and adjustment.
10. AL YGM
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 kayo
of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not
relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense to him and he _
shall keep one copy of same consistently accessible on the job site.
12. RIGHT OF ENTRY
The Owners Representative may make periodic visits to the site to observe the progress of quality of the executed work an
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 fe—
the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. His
efforts will be directed towards providing assurances for the Owner that the completed project will conform to the
requirements of the contract documents, but he will not be responsible for the Contractor's failure to perform the work in
accordance with the Contract Documents. On the basis of his onsite observations, he will keep the Owner informed of the
progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of the Contractor.
13. LINES AND GRADES
All lines and grades shall be furnished by the Owners 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 worm 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.
.s.
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
j 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
g� 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
r The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the
lwork, 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
i. 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.
7
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.
19. CHARACTER OF WORKMEN
The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required
under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform him in writing that
any man or men on the work, are, in his opinion, incompetent, unfaithful, or disorderly, such man or men shall be
discharged from the work and shall not again be employed on the work without the Owner's Representative's written
consent.
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and
completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also
understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials,
tools, equipment or machinery or any part of the work until it is finally completed and accepted.
The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's
Representative shall direct, and the sanitary conditions of the grounds in or about such structure shall at all times be
maintained in a manner satisfactory to the Owner's Representative.
20. SANITATION
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be
constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's
Representative and their use shall be strictly enforced.
21. OBSERVATION AND TESTING
The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the work. Contractor
shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location
wherever work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be
contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be
ready for such observation. Owner or Owner's Representative may reject any work found to be defective or not in
accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such
errors and regardless of whether Owner's Observer has previously accepted the work through oversight or otherwise. If any
work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's
Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being
fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make
observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require
Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons
competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such
tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other
applicable organization as may be required by law or the contract documents.
r�
r
't
If any work which is required to be inspected, tested, or approved is covered up without written approval or consent of the
Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for
observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by
the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests,
inspections or approval, and arty work which meets the requirements of any such tests or approval but does not meet the
.. requirements of the contract documents shall be considered defective. Such defective work shall be corrected at the
Contractor's expense.
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's
Representative, or other persons authorized under this agreement to make such inspections, tests, or approvals shall relieve
the Contractor from his obligation to perform the work in accordance with the requirements of the contract documents.
22. DEFECTS AND THEIR REMEDIES
It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or
selected for the same, 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.
23. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line,
grade, form dimensions, plans or or materials for the work herein contemplated, or any part thereof, either before or after
the beginning of the construction, without affecting the validity of this contract and the accompanying bond.
l If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for
damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the
�^ increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity
actually done and at the unit price established for such work under this contract; otherwise such additional work shall be
paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any
work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for
any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in
preparation for the work as originally planned.
24. EXTRA WORK
The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the
r-• Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work
as shown on the plans and specifications or contract documents and not covered by Contractor's proposal, except as
` provided under Changes and Alterations herein.
It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when
presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor
to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to
the Contractor for performing said extra work shall be determined by the following methods:
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.
r-
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 1000/a, unless
otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General
Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be
incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall
cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements
of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or
Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same
shall be included in the "actual field cost."
No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any
orders or instructions appear to the Contractor to involve extra work for which he should receive compensation or an
adjustment in the construction time, he shall make written request to the Owner's Representative for a written order
authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to
the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the
work after making written request for written order and shall keep adequate and accurate account of the actual field cost
thereof, as provided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to
arbitration as herein below provided.
25. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of this contract that all work described in the proposal, the specifications, plans and
other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all
appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by
Owner's Representative. If the Contractor finds any discrepancies or omissions in these plans, specifications, or contract
documents, he should notify the Owners' Representative and obtain a clarification before the bids are received, and if no
such request is received by the Owner's Representative prior to the opening of bids, then it shall be considered that the
Contractor fully understands the work to be included and has provided sufficient sums in his proposal to complete the work
in accordance with these plans and specifications. It is further understood that any request for clarification must be
submitted no later than five days prior to the opening of bids.
26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work
with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in
writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order.
If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor
shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of
compliance with the schedule of progress.
F27. 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
i, company licensed to transact business in the State of Texas, which policy shall comply with the Workmen's Compensation
laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and
�^ others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building
and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the
"Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible
with federal, state or municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend,
indemnify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or claims of any
character whatsoever, brought for or on account of any injuries or damages received or sustained by any person or persons
or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the
execution and supervision of said contract, and the project which is the subject matter of this contract, on account of the
failure of Contractor or any subcontractor to provide necessary barricades, warning lights„ or signs and will be required to
pay any judgment with costs which may be obtained against the Owner or any of its officers, agents, or employees including
�. attorney's fees.
The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as an Independent
Contractor, inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the
Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the
Contractor of his duty and shall not be construed as any assumption of duty to supervise safety precautions by either the
Contractor or any of his subcontractors.
28. CONTRACTOR'S INSURANCE
The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as
hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried
with an insurance company authorized to transact business in the -State of Texas and shall cover all operations in connection
with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering
the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to
contract execution.
A. Comprehensive General Liability Insurance
The contractor shall have Comprehensive General Liability Insurance with limits of 1 000 000 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
i doing so is to be attached to the Certificate of Insurance.
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B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance.
The Contractor shall obtain an Owner's Protective or Contingent Public Liability Insurance policy naming the City
of Lubbock as additional insured and the amount of such policy shall be as follows:
For bodily injuries, including accidental death and or property damage, $1,000,000 Combined Single Limit. This
policy shall be submitted prior to contract execution.
C. Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
Bodily Injury/Property Damage, 1,000,000 Combined Single Limit,
to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned
Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the
endorsement doing so is to be attached to the Certificate of Insurance.
D. Builder's Risk Insurance
The Contractor shall obtain a Builder's Risk policy in the amount of 100% of the total contract price (100% of
potential loss) naming the City of Lubbock as additional insured.
E. Umbrella Liability Insurance
The Contractor shall have Umbrella Liability Insurance in the amount of $1,000,000 on all contracts with coverage
to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages.
F. Worker's Compensation and Employers Liability Insurance
Worker's Compensation Insurance covering all employees whether employed by the Contractor or any
Subcontractor on the job with Employers Liability of at least 1,000,000
Definitions:
Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -
insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-
84), showing statutory workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the project until the
contractor'stperson's work on the project has been completed and accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in 0406.096) includes all persons or entities
performing all or part of the services the contractor has undertaken to perform on the project, regardless of
whether that person contracted directly with the contractor and regardless of whether that person has
employees. This includes, without Iimitation, independent contractors, subcontractors, leasing companies,
motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes
persons to provide services on the project. "Services" include, without limitation, providing, hauling, or
delivering equipment or materials, or providing labor, transportation, or other service related to a project.
"Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
2. The contractor shall provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor
Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the
duration of the project.
P.
` 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded
the contract.
4. if the coverage period shown on the contractor's current certificate of coverage ends during the duration of
the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage
with the governmental entity showing that coverage has been extended.
5. The contractor shall obtain from each person providing services on the project, and provide to the
rgovernmental entity:
` (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental
entity will have on file certificates of coverage showing coverage for all persons providing
services on the project; and
(b) no later than seven days after receipt by the contractor, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the project.
6 The contractor shall retain all required certificates of coverage for the duration of the project and for one
year thereafter.
7. The contractor shall notify the governmental entity in writing by certified mail or personal delivery,
�- within 10 days after the contractor knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project.
8. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the
Texas Workers' Compensation Commission, informing all persons providing services on the project that
they are required to be covered, and stating how a person may verify coverage and report lack of coverage.
9. The contractor shall contractually require each person with whom it contracts to provide services on the
project, to:
r.. (a) provide coverage, based on proper reporting of classification codes and payroll amounts and
filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.011(44) for all of its employees providing services on the project, for the duration of
the project;
(b) provide to the contractor, prior to that person beginning work on the project, a certificate of
coverage showing that coverage is being provided for all employees of the person providing
r services on the project, for the duration of the project;
(c) provide the contractor, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(d) obtain from each other person with whom it contracts, and provide to the contractor:
(1) a certificate of coverage, prior to the other person beginning work on the project; and
.. (2) a new certificate of coverage showing extension of coverage, prior to the end of the
coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
FIN
(e) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days
after the person knew or should have known, of any change that materially affects the provision
of coverage of any person providing services on the project; and
(g) contractually require each person with whom it contracts to perform as required by paragraphs
(1) - (7), with the certificates of coverage to be provided to the person for whom they are
providing services.
10. By signing this contract of providing or causing to be provided a certificate of coverage, the contractor is
representing to the governmental entity that all employees of the contractor who will provide services on
the project will be covered by workers's compensation coverage for the duration of the project, that the
coverage will be based on proper reporting of classification codes and payroll amounts, and that all
coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured,
with the commission's Division of Self -Insurance Regulation. Providing false or misleading information
may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil
actions.
11. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor
which entitles the governmental entity to declare the contract void if the contractor does not remedy the
breach within ten days after receipt of notice of breach from the governmental entity.
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for
approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of
compliance with the above insurance requirements, signed by an authorized representative of the insurance
company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date bome 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.
(S) A provision that the policy may be canceled only by mailing written notice to the named insured at the
address shown in the bid specifications.
(6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of
the policies shown on the certificate.
(7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job
specifications. No substitute of nor amendment thereto will be acceptable.
(8) If policy limits are paid, new policy must be secured for new coverage to complete project.
(9) A Contractor shall:
(a) provide coverage for its employees providing services on a project, for the duration of the project
based on proper reporting of classification codes and payroll amounts and filling of any coverage
agreements;
(b) provide a certificate of coverage showing workers' compensation coverage to the governmental
entity prior to beginning work on the project;
(c) provide the governmental entity, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the contractor's current
certificate of coverage ends during the duration of the project;
(d) obtain from each person providing services on a project, and provide to the governmental entity:
(i) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
(ii) no later than seven days after receipt by the contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
(fj notify the governmental entity in writing by certified mail or personal delivery, within 10 days
after the contractor knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project;
(g) post a notice on each project site informing all persons providing services on the project that they
are required to be covered, and stating how a person may verify current coverage and report
failure to provide coverage. This notice does not satisfy other posting requirements imposed by
the Act or other commission rules. This notice must be printed in at least 19 point normal type,
and shall be in both English and Spanish and any other language common to the worker
population. The text for the notices shall be the following text provided by the commission on
the sample notice, without any additional words or changes:
REQUIRED WORKERS' COMPENSATIONCOVERAGE
"The law requires that each person working on this site or providing services related to this
construction project must he covered by workers' compensation insurance This includes
persons providing, hauling, or delivering equipment and materials, or providing labor or
t transportation or other service related to the project, regardless of the identity of their
employer or status as an employee. "
"Call the Texas Workers' Compensation Commission at 5121440-3789 to receive information
on the legal requirement for coverage, to verify whether your employer has provided the
required coverage, or to report an employer's failure to provide coverage. " and
(h) contractually require each person with whom it contracts to provide services on a project, to:
(i) provide coverage based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements for all of its employees providing services on the
project, for the duration of the project;
(ii) provide a certificate of coverage to the contractor prior to that person beginning work on
the project;
r (iii) include in all contracts to provide services on the project the language in subsection (e)
6 (3) of this rule;
r
(iv) provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(v) obtain from each other person with whom it contracts, and provide to the contractor:
(1) a certificate of coverage, prior to the other person beginning work on the
project; and
(2) prior to the end of the coverage period, a new certificate of coverage showing
extension of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(vi) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter;
(vii) notify the governmental entity in writing by certified mail or personal delivery, within
10 days after the person knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project; and
(viii) contractually require each other person with whom it contracts, to perform as required
by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for
whom they are providing services.
29. DISABLED EMPLOYEES
Contractors having more than 15 employees agree to comply with the Americans with Disabilities Act of 1990, and agree
not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to
job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and
other terms, conditions, and priviliges of employment.
30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF
MACHINERY, EQUIPMENT AND SUPPLIES
The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any demands of
subcontractors, laborers, workmen, mechanics, materialmen and 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
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from any loss on account thereof. If the material or process specified or required by Owner is an infringement, the
Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement.
32. LAWS AND ORDINANCES
PM 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.
i 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
I It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and
W 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.
I
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 S100.00 (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. TIME AND ORDER OF COMPLETION
It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be
allowed to prosecute his work at such time and sessions, in such order of precedence, and in such manner as shall be most
conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the
work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications,
and within the time of completion designated in the proposals; provided, also, that when the: Owner is having other work
done, either by contract or by his own force, the Owner's Representative may direct the time and manner of constructing
7
work done under this contract so that conflicts will be avoided and the construction of the various works being done for the
Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which
shall show the order in which the Contractor proposes to carry on the work, with dates at which the Contractor will start the
several parts of the work and estimated dates of completion of the several parts.
36. EXTENSION OF TIME
The Contractor agrees that he has submitted his proposal in full recognition of the time required for the completion of this
project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has
considered the liquidated damage provisions of paragraph 33 hereinabove set forth and that he shall not be entitled to, nor
will he request, an extension of time on this contract, except when his work has been delayed by an act or neglect of the
Owner, Owner's Representative, employees of the Owner or other contractors employed by the owner, or by changes ordered
in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for
an extension of time, submitting therewith all written justification as may be required by Owner's Representative for such an
extension as requested by Contractor. The Owner's Representative within ten (10) days after receipt of a written request for
an extension of time by the Contractor supported by all requested documentation shall then submit such written request to
the City Council of the City of Lubbock for their consideration. Should the Contractor disagree with the action of City
Council on granting an extension of time, such disagreement shall be settled by arbitration as hereinafter provided.
37. HINDRANCE AND DELAYS
In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time herein
fixed, he has taken into consideration and made allowances for all hindrances and delays incident to such work, whether
growing out of delays in securing material or workmen or otherwise. No charge shall be made by the Contractor for
hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the
work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such
expense as in the judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to
Contractor.
38. OUANTYMS 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.
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40. PRICE FOR WORK
In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the
Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and
stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the proposal attached hereto,
which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for famishing all
materials and all labor required for the aforesaid work, also, for all expenses incurred by him and for well and truly
performing the same and the whole thereof in the manner and according to this agreement, the attached specifications,
plans, contract documents and requirements of Owner's Representative.
41. PAYMENTS
No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either
wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at
any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate
showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made,
Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by
reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a
waiver of all claims against Owner which have not theretofore been timely filed as provided in this contract.
42. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial
payment. Owner's Representative shall review said application for partial payment and the progress of the work made by
the Contractor and if found to be in order shall prepare a certificate for partial payment showing as completely as practical
the total value of the work done by the Contractor up to and including the last day of the preceding month; said statement
shall also include the value of all sound materials delivered on site of the work that are to be fabricated into the work.
The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's
Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final
payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of this
agreement. It is understood, however, that in case the whole work be near to completion, and this fact is certified to by
r., 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.
r` 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
r- 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
i 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 31st day after the date of certificate of
completion, the balance due Contractor under the terms of this agreement, provided he has fully performed his contractual
obligations under the terms of this contract; and said payment shall become due in any event upon said performance by the
6 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.
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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 WITMELD
The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to
such extent as may be necessary to protect himself from loss on account of:
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence indicating possible filing of claims.
(c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor
(d) Damage to another contractor.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which will
protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them.
48. TIME OF FILING CLAIMS
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in
writing and filed with the Owner's Representative within fifteen (15) days after the Owner's Representative has given any
directions, order or instruction to which the Contractor desires to take exception. The Owners' Representative shall reply to
such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal
from the decision of the Owner's Representative, any demand for arbitration shall be filed with the Owner's Representative
and the Owner in writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's
Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of
the final payment shall be a bar to any claim by either party, except where noted otherwise in the contract documents.
49. ABANDONMENT BY CONTRACTOR
In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from
the Owner or the Owner's Representative, or if the Contractor fails to comply with the orders of the Owner's Representative,
when such orders are consistent with this contract, this Agreement, or the Specifications hereto attached, then the Surety on
the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the
Contractor.
After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment,
tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for
work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of
the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra
Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of
such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement.
r■
7
In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for within ten
(10) days after service of such notice, then the Owner may provide for completion of the work in either of the following
r elective manners:
(a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said
Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment,
tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the
Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under
and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under
this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference.
In case such expense is greater than the sum which would have been payable under this contract, if the same had
been completed by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess to
the Owner; or
(b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a
general circulation in the County of location of the work, may let the contract for the completion of the work under
substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to
the Owner under the new contract as compared to what would have been the cost under this contract, such increase
shall be charged to the Contractor and the Surety shall be and remain bound therefore. However, should the cost to
complete any such new contract prove to be less than that which would have been the cost to complete the work
under this contract, the Contractor or his Surety shall be credited therewith.
When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and certificates of
completion and acceptance, as provided in paragraph 42 hereinbbove 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 hereinbeove, and there remains any machinery, equipment, tools, materials or supplies on the
site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the
Contractor and his Surety at the respective addresses designated in this contract; provided, however, that actual written
notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be
held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect
such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools,
materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale
may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any
machinery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than the
Contractor or his Surety, to their proper owners.
50. ABANDONMENT BY OWNER
In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms
t within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the
work, and may remove therefrom all machinery, tools, and equipment, and all materials on the ground that have not been
included in payments to the Contractor and have not been incorporated into the work. Thereupon, the Owner's
Representative shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value
1 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 proirisions made by the Contractor
i 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
r all other sums that may be retained by the Owner under the terms of this Agreement, and shall certify same to the Owner
who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance
shown by said final statement as due the Contractor, under the terms of this Agreement.
51. BONDS
The successful bidder shall be required to furnish a performance bond and payment bond in accordance with Article 5160,
Vernon's Annotated Civil Statutes in the amount of 100% of the total contract price, in the event said contract price exceeds
$25,000.00. If the contract price does not exceed $25,000.00, the statutory bonds will not be required. All bonds, if
required, shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to
do business in the State of Texas. And it is further agreed that this contract shall not be in effect until such bonds are so
fiunished.
52. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special conditions conflict
with any of the general conditions contained in this contract, then in such event the special conditions shall control.
53. LOSSES FROM NATURAL CAUSES
Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work to be done, or
from the action of the elements, or from any unforeseen circumstance and the prosecution of the same, or from unusual
obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the
Contractor at his own cost and expense.
54. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct,
supervise, and control his own employees and to determine the method of the performance of the work covered hereby. The
fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during his performance and
to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative
hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent
contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other
person, firm, or corporation.
55. CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the
completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus materials and shall leave
the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may
remove the debris and charge the cost to the Contractor.
CURRENT WAGE DETERMINATIONS
7
1%cau'UL lull f4DU4
January 8, 1987
Agenda Item f18
DGV:da
RESOLUTION
WHEREAS, the City Council has heretofore established the general
prevailing rate of per diem wages for each craft or type of workmen or
mechanics needed to execute public works contracts for the City of Lubbock
in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and
WHEREAS, such wage rates were established by Resolution No. 719
t enacted February 12, 1981, updated by Resolution No. 1590 enacted February
23, 1984; and
WHEREAS, such rates need to be updated at the present time in order
to reflect the current prevailing rate of per diem wages; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the general prevailing rate of per diem wages for public works
..contracts shall be as set forth in the following named exhibits, which
exhibits shall be attached hereto and made a part hereof for all intents
and purposes: -
Exhibit A: Building Construction Trades
' Exhibit B: Paving and Highway Construction Trades
Exhibit C: Electrical Trades
Exhibit D: Overtime Rate
Exhibit E: Weekend and Holiday Rate
Such wage rates are hereby found and declared to be the general prevailing
rate of per diem wages in all localities where public works are undertaken
on behalf of the City of Lubbock and such wage rates shall be included in
all public works contracts as provided by law.
Passed by the City Council this 8th day of January , 1987.
Ranettd,Boyd, City Secretary
APPROVED T 01�TENT:
Bi 1 Pyne, D rector of Building
Services
r
B.C. McMINN, MAYOR
APPROVED AS TO FORM:
Donald G. Vandiver, First
Assistant City Attorney
7
EXHIBIT A
City of Lubbock
Building Construction Trades
Prevailing Rates-'`
Craft Hourly Rate
Acoustical Ceiling Installer
$11.60
Air Conditioner Installer
8.35
Air Conditioner Installer -Helper
5.50
Bricklayer
10.50
Bricklayer -Helper
5.00
Carpenter
11.00
Carpenter -Helper
5.50
Cement Finisher
7.35
Drywall Hanger
8.70
Electrician
10.50
Electrician -Helper
5.25
Equipment Operator -
Heavy
8.00
Light
5.70
Floor Installer
8.00
Glazier
7.50
Insulator, Piping/Boiler,
9.50
Insulator -Helper
5.00
Iron Worker
7.30
Laborer, General
4.75
Mortar Mixer
5.60
Painter
8.75
Plumber
9.25
Plumber -Helper
6.00
Roofer
7.65
Roofer -Helper
4.75
Sheet Metal Worker
8.75
Sheet Metal Worker -Helper
5.50
Welder - Certified
8.00
EXHIBIT B
Paving and Highway Construction
Prevailing stage 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 0
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.
PM
i
I
SPECIFICATIONS
SPECIFICATIONS
FOR THE
REPLACEMENT OF PLANT 2
UNIT NO. 4 & UNIT NO. 5
COOLING TOWERS
LUBBOCK POWER AND LIGHT
PRODUCTION DEPARTMENT
HOLLY AVENUE GENERATING PLANT
3500 SLATON HIGHWAY
LUBBOCK, TEXAS
OCXOBER 1994
W
GENFItAL REQUIP MENTS
The following Specification defines provisions for the
replacement of the Plant 2 Unit No. 4 and Unit No. 5 Cooling
TDwers located at 800 Municipal Drive in Lubbock, Texas.
Lubbock Power & Light proposes to replace the existing Lilie
Hoffmann cooling towers with new cooling towers to improve
performanrx, reliability, and lower maintenance cost. The new
cooling towers shall be design in such a manor so as to with
stand dry storage for ;!, perind of 8+ trirnthe without ill effects,
and fit in the current existing basins. The existing tower, has-
been in service since 1952 and 1953 respectfully.
SCOPE
The Contractor shall furnish and install two (2) induced -draft,
counterflow- type, field-erecteci, film --filled, industrial grade
catalrged cooling towers. The; Contractor --hall Provide the
following: cooling tower equipment, materials, asbuilt drawings,
and services including engineering, Crtsric , tiorx, shipphir, thermal
performance testing, supervision and zield labor to ,_:r u,plete the
� xel.�Ia.Gement.
Basin Bimeneions
The existing basins dimensions are-
72' 4 3/8" wide X 83' 8 3/8" loria. x 3' 2" Depth
Height Reguirement
The maximum height of the water inlet, measured from the top of
the existing pillars to the to ter line of the cater inlet is
23' 4 1/2".
Thermal Performance
The replacement towers each shall be capable of cooling
15,000 GPM of water from 100 F to 80 F with a wet; bulb
temperr5tnre of 70 F. The manufacturer shall guarantee that
the tower-8 supplied will merit the specified performance
conditions when the tower is inUtbllerd according to Plans.
The Contractor shall arrange for and on -cite thermal
performance test. to be conducted in the presents of the
Lubbock Power & Light (LP&L) representative, under the
�- supervision of a gii&3 ified, disinterested third party in
accordance with Cooling Tower Tnetitute ATC-105 tandiarda.
during the First year of operation_ If the towers fails the
manufacture shall do what ever iw necessary to insure the
towers will pass. The Contractor shall pay for all cf the
additional test with no extra charges to LP&L.
Design Loading
The towers and all .its components shall be able to withstand a
load equal to a .wind velocity of 100 rrph as well as a Zone 1
seismic load. The minimum. design for the fan deck and other
*.corking levels will be a uniform load of 60 psf and a live point
I
oad of 600 lbs. The maximum deflection allowed shall be 1/180
of span with an applied load of 60 psf. The fill supports and
fill must be able to support a live load of 60 psf.
Water Quality
The towers shall be designed using the following water
characteristics as minimum values.
Calciurn (CaCO3)
Chlo'- idee (NIP-Cl.)
Chlorine (CL)
pH range
Phosphate (PO4)
Silica ("Si0'J�.;
Sodium Eic.(NaHCO3 )
Sulfate (SO4)
Oil or grease
Zinc
Max. .-.ater temperature
Structure
600 to 601? ppm
1500 ppm
0. 01 ppm
8.0 to 8.3
L5 ppm.
100 ppm
200, ppm
1500 ppm
10 ppm
0.48 ppm
120 F
The towers frame shall be made of pultr aded fiberglass
cr,mposites or- stainless steel. The columns and diagonals shall
be 3" X 3" or large box -sections, with a. minimum 0,25" wail
thickness. Colur;�ns :ahall be placed on 6' centers lcangitudinaily
and transversely. Column anchorage shall be to .the concrete
cold water basin using a heavy 300 series stainless steel
anchor clips.
Longitudinal and transverse girts shall be 1 1/8 " X 4" X 0.25"
channel sections. Girts shall be placed on both sides of the
interior columns; and on the inside of all perimeter columns.
Gir•ts at the fill and fan deck support level shall be
structurally equivalent to 1 5/8" X 6" X 0.25" thick. Girt lines
shall be spaced on 6' vertical centers (except to clear the fill
then the girts should be moved up.)
Diagonal bracing shall be design to transfer the different
leading schemes that may arise. (ie. tension and compression -
live and dead loads Diagonal connectors that are transudtting
f crces through the column lines shall be ' of 0.5" fiber reinforced
polyester (FPFc) or• equivalent. Anchorage of the diagonals shall
be .as mention previously in the section on column anchorage.
,yL lime of action through the diagonals to the point of
an^hor•aae shall be direct_
All structural connections and splices shall be through bolted
using 0.5" diameter, or larger, Series 300 machine bolts, nuts
and washers. There shall be no glue connections of structure,
decking, fan cylinders, or any other fiber reinforced polyester
(FPR) component. Edges exposed in fabrication shall be
thoroughly coated with polyester resin or equivalent.
Critical framing joints shall be reinforced with 0.5"I.D.
structural PVC or equivalent. Framing specific to those joints
shall be factory -drilled to accept insertion of the tubes.
Fan Deck and Fan Cylinders
The fan deck shall be considered a working platform for -
Maintenance personnel. The fan deck shall be supported by
framing gir•ts, and shall have integral Structural rib molded
in on 13" centers to insure a safe :cork. area. The fan deck
shall. be constructed of molded 0.675" thick FPR and shall
have a non-skid surface . The fan deck shall not protrude a.
maximum of 1" in to the ian cylinder area.
Fan cylinder-, shall be a minimum cf 6' in height, and have
eased inlets for smooth air•flc)., . The fan cylinders shall be
venturi-type design cylinders, with an above deck operating
level of 15% of the overall fan diameter. Fan tip clearance
shall_ not exceed v'.5;o of the fan diameter and centered in
the cylinder.
Each ran cylinder segments shall be through -bolted to both
the far, deck and primary deck framing members. fan cv1i_nder
conner•tior. and anchorage hardware shall be made from series
-1 0 stainlesssteel..
Water Distribution System
Hot water distribution in each cell shall be handled by
,means of headers, branch arms, lateral, and nozzles. The
joint between branch armsand nozzles shall be threaded so
nozzles can be easily removed for ,_leaning of: the branch
arms. Water distribution will occur above the fill and
below the drift eliminators. The water distribution system
shall be made of the following materials:
Headers RTR or PVC
Branch arms and nozzles Injection -molded polyprc,pylene
Laterals PVC
Nozzles shall be large orifice, low pressure, down sprat,*
type, no r•estrictors, and no moving parts. The piping
system --hall be designed to insure equal flow to all the
` nczz 1es..
r Headers• and branch arm will have their own cleanout located
at their ends. Each header will also be vented to
atmosphere at the downstream end by means of a standpipe.
Headers shall be designed with individual flange connections -
located approximately 1" outside the tower casing and on the
transverse center line of the cells. The flanged connection
shall conform to the 125# flanged specification with the
appropriate bolt circle and inlet dimensions.
Drift Eliminators and Fill
The drift eliminators shall be made from 17 mil or heavier
thermal -formed PVC_ The eliminators shall be of cellular
construction, triple -pass and restrict drift losses to
0.005%, of designed GPM flow rate. The eliminators shall be
located on virts with ma-nimum centers of 6".
The fill shall be. made from 15 mil or heavier, thermal -formed
PVC_ Fill shall be of cellular file, c-onst.ruction with a.
maximum height of 2 layers (to prevent clogging). Fill
zha.11 be supported in such ,a manor so as withstand
operational loading, or a minimum live load of 6t? ps•f.
Cell. Partition
The cell partitions shall he glac•ed to allow each fan tc be
operated and cycled individually. Partitions shall run 'from
casing to casing;, and from the tors of the till to the
t.nderside,. of the fan deck. � full length partition shall
run from end to end, and from the basin girt level to the
bottom of the fill_ if endwalls ar•e open for- air entry,
winf? walls shall extend inward at an approximate 45 degree
angle from the corner columns of the end cells to meet the
lcngitucl,inal partition_ All partitions shall be made from 8
FRP panels.
Casing
All endwalls and S•idewalls above the air inlet shall be
cased. The casing shall be attached with stainless- steel
screw shank, self tapping: fasteners, and self sealing,
washers. If casing is lapped it shall shed water- inwards,
and casing that is lapped vertically shall be sealed water
tight. The casing ends at the corners f:;f the tower shall be
covered by 90 corner rolls. The cussing stall be made from
6 oz.i--q.ft. corrugated FRP panels. Casing, ends and corner
caa-ing; shall be made. from 12 oz./sq.ft. FRP
Mechanical Equipment
The tover•s shall be equipped per cell with an electric
motor extended drive shaft, geared speed-r•eductior, unit,
r.ulti-blade propeller -type fan, and a rigid unitized
support .
Electric Motor
The electric motor specification shall include the
following:
480 VAC
3-Phase
60 Hz
single speed 1800 RPM
1.15 service factor
+ Individual disconnect
+ Individual breaker
Ma-imum vibration 0.314 in/s
Located outside the fan cylinder
+ Totally inclosed
Single pale, double -throw vibration. limit switch in a
NEMA 4 housing
h. Colid state capacitance -actuated, CCA approved low oil
level switch
+ All conduit on Unit No 4 shall be run to the northwest
corner
All conduit on Unit No 5 shall be run to the southeast
corner
All conduit shall terminate at and elevation ct 1.8"
above the top of the basin
All control wiring shall be in a separate conduit from
the supply wiring the conduit shall terminate at the
same loca.tion as the supply
+ r.,'onduit shall have the same life e:tpectancy as the
ether towers components
Drive shaft
The drive shaft assembly shall be made of the following:
fi Mon -lubricated
+ Full floating
41 Carbon fiber/glass/epoxy composite
Type 316 stainless steel flanges attached with type 316
stainless steel compression ring
Couplings shall be cast type 304 stainless steel with
type 302 stainless steel inserts
Neoprene bushings
Dynamically balanced (maximum vibration 0.314 in/s)
Two (2) stainless steel drive :haft guards attached to
the mechanical equipment supports.
Gear Box
Gear reduction unit shall be as follows:
+ Right-angle type
�- Utilizing helical and/or spiral bevel matched gear sets
,4 Case shall be epoxy coated ASTM class 20 gray cast iron
Bearings shall be tapered roller bearings
�pla-h lubricate-d in a bath of turbine type mineral oil
units shall be able to run in forward or reverse
shall meet CTI STD-111 and ALMA Std.420.04
2.0 minimum service factor and applied horsepower
Run-in and adjusted prior to shipment
rust proofed prior to shipment
Each cell shall be equipped with and external oil level
gauge and gear reducer drain line, terminating at a sight -
glass and plug located outside the fan cylinder near the
motor-.
Each fan shall be manufactured from FRP, with the
appropriate pitch and taper for maximum airflow. The fans
-•hall also come with a minimum of 6 blades and erosion -
resistant leading edge. Hubs shall be fabricated out hot -
dip galvanized steel and ductile cast iron, and assembled
with series, 3 "?0 stainless steel. Spoke hubs if used require
a FR'P hub cover to stop recirculating the .air. hubs shall
be statically* balanced at the factory. and dyrnamice.11y
balanced .after the unit is installed ( maximum vibration.
O. '314 in/ s).
The complete mechanical equipment a.sserribly for each cell
shall be supported by a rigid, unitized torque tube type
s•.uzaport that prevents misalignment between the motor and the
gear re•du.c•er. upport shall be heavy -walled tubular steel,
to which heavy plate platforms for the motor and gear
reducer have been welded, as well as structural outriggers
for stability_ The assembly shall be hot -dip galvartir-ed
after fabrication.
The mechanical assembly meaning the motor, drive shaft, ge a.r-
redLtcer and fan blade shall have a vibration after
i.nst?1lation of less than or equal to O.314 in/s.
Access and Safety
The tower shall be designed and equipped to provide
comfortable, safe access to all components requiring;
periodic maintenance
The fan deck of the tower shall be surrounded fiberglass
handrails and kneerails conforming to OSHA standards.
One end. of the tower shall be equipped with a structural
±iberg;lass stairway rising from the level of the cold water
basin curb to the fan deck. The stair shall be as follows:
45 deg,36" wide, with 8" rise and run
+ Treads shall have non-skid surfaces
Landing shall occur- at every 6' in elevation
Handrails and kneer•a.i:.s X 2" through -bolted to
3" x 3" stairway post
+ All stairway bolts an fasteners shall be fabricated
ro
b
l
from series 300 stainless steel
A structural fiberglass vertical ladder and safety cage per
OSHA recommendation shall be provided at the other end of
the tower.
Each cell shall have a 30" square lift off hatch with a
fiberglass ladder leading to a 3' X 6' 1;�i.nding.
Each fan cylinder shall have removable segments of
sufficient size to allow for the removal of all mechanical
equipment components•, and shall have a coupling guard,
conforming tr-� OSHA standards, to shroud that :portion of the
rrrive shaft that e .tends outside the fan cvlinder.
M11 t .rr,Torary electric utilities shall be pro%Tided by Lubbock
Fowe-.- Xy Light.
CODES AND STANDARDS
All structural and misce!lane ��us components shall 1:e designed,
fabricated, and erected in accordance with the A.S"M.E co-deS, and
Cooling Tower Institute stand jr•d.�, latest edition.
All work shall be Performed in a:::cordance with all applicable
Federal. Ste_te, County. . .and Municipal codes laws, and ordinances
r)f the City of Lubbock.. Lubbock: ount„ Texas.
Basin Modification
Coaling tower basin modification must be approved 'by LP&L'S
representative prior to work commenr_..ng.
Tower Supply Piping
The Contractor shall_ be responsible for all supply piping
from and elevation 3" above the towers basin. The piping
shall be supported from the tower, and inline with existing
supply
References
The contractor shall provide list of five (5) comparable
towers in opera ion a minimum of three years with narnes,
phone numbers, and address of the representative.,.
DRAWINGS AND SUBMITTAL,
One (1) reproducible and two (2) copies of all owner approved
..tems shall be provided. Drawings shall be a.sbuilt .and approver_h
All drawings and other data shall became the property of the
owner. The Contractor shall include with their quotation
r_omUletF frame -work loading; diagrams for all models quoted,
SPECIAL CONDITIONS
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 finished 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 fiunishing 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 fiunish to the City of
Lubbock all such documents within ten (10) days from your receipt of this Notice.
The five percent (5%) bid security, submitted with your proposal, will be returned upon the execution of such contract
documents and bonds within the above specified ten (10) day period. In the event you should fail to execute and furnish such
contract documents and bonds within the time limit specified, said bid security will be retained by the City of Lubbock.
CITY OF LUBBOCK
Owner's Representative
T.,
MAP IN FILE
SEE
RESOLUTION
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