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HomeMy WebLinkAboutResolution - 6025 - Contract - Lubbock Building Services Inc - MS Emergency Generator & Fuel Tanks - 10_08_1998Resolution No. 6025 Item N6.10 October 8, 1998 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 with Lubbock Building Services, Inc. of Lubbock, TX to install and furnish all materials and services as bid for the Municipal Square Emergency Generator and Fuel Storage Tanks and all related documents. Said Contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 8th day of October , 1998. ATTEST: - AN I 1A Ka a arne 1, ity ecre APPROVED AS TO CONTENT: &� KOIA�� Victor Kilman, Vurchasing Manager APPROVED AS TO FORM: William de Haas Competition and Contracts Manager/Attorney WdAk/Municipal Square Emergency.RES ccdocs/September 29, 1998 F 60 © C':9 5 CITY OF LUBBOCK SPECIFICATIONS FOR MUNICIPAL SQUARE EMERGENCY GENERATOR AND FUEL STORAGE TANK BID #98143 i ♦ T Y O �� 11 iii j9!-All!jll51Al ��' " 1!1 r` CITY OF LUBBOCK Lubbock, Texas PM on. P.O. Box 2000 Lubbock, Texas 79457 (806) 775-2167 • Fax (806) 775-2164 MAILED TO VENDOR: CLOSE DATE: ITB #98143, Addendum #9 Office of Purchasing ADDENDUM #9 ITB #98143 Municipal Square Emergency Generator and Fuel Storage Tanks September 18, 1998 September 23, 1998 ae 2:00 p.m. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. All bids shall clearly indicate make & model number of generator, engine, and fuel storage tanks. Any catalog, brand name or manufacturer's reference in the specifications is descriptive and NOT restrictive, and are used to indicate type and quality level desired. Bids on brands of like nature and quality will be considered. If bidding on other than referenced, bid must show manufacturer, brand, trade name, catalog number, etc., on article offered and certify article offered is equivalent to specifications. If other than specified brand of Items are offered, specifications, Illustrations, and complete descriptive literature must be submitted with bid. Minor deviations from written specifications shall not necessarily disqualify a vendor's bid. The City of Lubbock specification committee will be the sole determiner of what constitutes a minor deviation. All requests for additional information or clarification must be submitted in writing and directed to: Questions may be faxed to : or Email to: Helen Bums, Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 (806)775-2164 Hburns@mai1.cLIutbock.tx.us THAN YOU, Helen Bums Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID 98143ad9.doc I i P.O. Box 2000 Lubbock, Texas 79457 (806) 775-2167 • Fax (806) 775-2164 ITB #98143, Addendum IS Office of Purchasing ADDENDUM N ITB #98143 Municipal Square Emergency Generator and Fuel Storage Tanks MAILED TO VENDOR: September 15, 1998 CLOSE DATE: September 23, 1998 @ 2:00 p.m. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Minimum specifications for emergency generator (Page 1 only of Spec 970) are revised as per Attachment 1 of this document. All requests for additional information or clarification must be submitted in writing and directed to: Helen Bums, Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to : (806)775-2164 or Email to: Hburns@mail.ci.lubbock.mus THANK YOU, Helen Burns Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID 98143ad8.doc i r" CITY OF LUBBOCK MINIMUM SPECIFICATIONS FOR EMERGENCY GENERATOR SPEC 970 l MAKE MODEL _ IT IS THE INTENT OF THESE SPECIFICATIONS TO DESCRIBE A DIESEL POWERED EMERGENCY GENERATOR r THAT WILL PROVIDE EMERGENCY POWER FOR THE CITY'S MUNICIPAL SQUARE COMPLEX. SPECIFIC AREAS INCLUDED ARE: COMMUNICATIONS CENTER, EMERGENCY OPERATIONS CENTER, INFORMATION TECHNOLOGY, MUNICIPAL COURT, AND POLICE DEPARTMENT. THE GENERATOR WILL BE HOUSED IN THE r ENCLOSED AREA CURRENTLY BEING USED AS A TRANSFORMER VAULT. THE UNIT WILL RECEIVE FUEL FROM A 1,000 GAL ABOVE GROUND CONCRETE TANK LOCATED SOUTH OF THE CURRENT TRANSFORMER VAULT. THE SPECIFICATIONS ARE BASED ON A 3412 DITTA CATERPILLAR OR APPROVED EQUAL. ALL COMPONENTS AND SERVICES SPECIFIED ARE REQUIRED FOR A COMPLETE OPERABLE SYSTEM AND SHALL BE INCLUDED WITH THE UNIT. IN ADDITION, THE UNIT QUOTED MUST MEET OR EXCEED NEMA, IEEE, AND ANSI STANDARDS FOR TEMPERATURE RISE AND PASS ALL TESTS PERFORMED IN ACCORDANCE WITH MIL -STD 705B. THE PRICE QUOTED SHALL INCLUDE INSTALLATION, START-UP PROCEDURES, AND FINAL INSPECTION. THE UNIT SHALL BE TESTED BY THE MANUFACTURER PRIOR TO DELIVERY AND RETESTED AFTER INSTALLATION HAS BEEN COMPLETED. NO. ITEM MINIMUM REQUIREMENTS SELLER COMPLIANCE YES NO I . Engine Caterpillar 43I2 DITTA, Detroit 2000/4000 or approved equal with block heater and oil heater. NOTE: ENGINE MUST BE 4 CYCLE 2. Generator Caterpillar Model 3412, Spectrum 600DS60 or approved equal Voltage - 120/208 Standby Amps - 2082 Phase - 3 Hz - 60 Standby kW/kVA - 600/750 Prune kW/kVA - 5461683 I 3. Emergency System Engine shall be equipped with the Manufacturers Standard Emergency Shut -down system for low oil pressure and overheating. 4. Radiator System Manufacturers standard high ambient water cooling system. i r l Attachmeiit 1 am P.O. Box 2000 Lubbock. Texas 79457 (806) 775-2167 • Fax (806) 775-2164 ITB #98143. Addendum #7 Office of Purchasing ADDENDUM #7 ITB #98143 Municipal Square Emergency Generator and Fuel Storage Tanks MAILED TO VENDOR: September 10, 1998 CLOSE DATE: September 23, 1998 @ 2:00 p.m. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Minimum specifications for emergency generator are revised as per Attachment 1 of this document. 2. Electrical specifications contained in Addendum #4 are revised per Attachment 2 of this document. 3. Bid form is revised as per Attachment 3 of this document. 4. Room construction is hereby added as a requirement of this bid. Plans are incorporated as Attachment 4 of this document. All requests for additional information or clarification must be submitted In writing and directed to: Helen Bums, Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to : (806)775-2164 or Email to: Hburns@mail.ci.Iubbock.tx.us THANK YOU, b&� Aa�� Helen Bums Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID P' 98143ad7.doc a i CITY OF LUBBOCK MINIMUM SPECIFICATIONS FOR EMERGENCY GENERATOR SPEC 970 MAKE MODEL IT IS THE INTENT OF THESE SPECIFICATIONS TO DESCRIBE A DIESEL POWERED EMERGENCY GENERATOR THAT WILL PROVIDE EMERGENCY POWER FOR THE CITY'S MUNICIPAL SQUARE COMPLEX. SPECIFIC AREAS INCLUDED ARE: COMMUNICATIONS CENTER, EMERGENCY OPERATIONS CENTER, INFORMATION TECHNOLOGY, MUNICIPAL COURT, AND POLICE DEPARTMENT. THE GENERATOR WILL BE HOUSED IN THE ENCLOSED AREA CURRENTLY BEING USED AS A TRANSFORMER VAULT. THE UNIT WILL RECEIVE FUEL FROM A 1,000 GAL ABOVE GROUND CONCRETE TANK LOCATED SOUTH OF THE CURRENT TRANSFORMER VAULT. THE SPECIFICATIONS ARE BASED ON A 3412 DITTA CATERPILLAR OR APPROVED EQUAL. ALL COMPONENTS AND SERVICES SPECIFIED ARE REQUIRED FOR COMPLETE OPERABLE SYSTEM AND SHALL BE INCLUDED WITH THE UNIT. IN ADDITION, THE UNIT QUOTED MUST MEET OR EXCEED NEMA, IEEE, AND ANSI STANDARDS FOR TEMPERATURE RISE AND PASS ALL TESTS PERFORMED IN ACCORDANCE WITH MIL -STD 705B. NOTE: THE BIDDER SHALL BE RESPONSIBLE FOR ALL ELECTRICAL WORK FROM THE GENERATOR TO THE AUTOMATIC BYPASS -ISOLATION SWITCH. ALL SERVICE WIRING WILL BE COMPLETED BY THE CITY OF LUBBOCK ELECTRICAL CONTRACTOR. THE PRICE QUOTED SHALL INCLUDE INSTALLATION, START-UP PROCEDURES, AND FINAL INSPECTION. THE UNIT SHALL BE TESTED BY THE MANUFACTURER PRIOR TO DELIVERY AND RETESTED AFTER INSTALLATION HAS BEEN COMPLETED. NO. ITEM MINIMUM REQUIREMENTS SELLER COMPLIANCE YES NO Engine Caterpillar 4312 DITTA, Detroit 2000/4000 or approved equal with block heater and oil heater. NOTE. ENGINE MUST BE A 4 CYCLE Generator Caterpillar Model 3412, Spectrum 60ODS60 or approved equal Voltage - 120/208 Standby Amps - 2082 Phase - 3 Ha-60 Standby kW/kVA - 6001750 Prime kW/kVA - 546/683 Emergency System 4. Radiator System Engine shall be equipped with the Manufacturers Standard Emergency Shut -down system for low oil pressure and overheating. Manufacturers standard high ambient water cooling system. ATTACHMENT 1, PAGE 1 OF 6 CITY OF LUBBOCK �+ MINIMUM SPECIFICATIONS FOR EMERGENCY GENERATOR SPEC 970 r+ R NO. ITEM MINIMUM REQUIREMENTS SELLER COMPLIANCE YES NO 5. Battery Charger Manufacturers standard 24 volt float type with alarms. 6. Battery Heater Manufacturers Standard. 7. Exhaust Hospital Grade Mufflers extended 2 foot above the 'r roof line of the building. The entire exhaust stack shall be double walled. The exhaust run shall be 56 feet from the generator to 2 feet above the roof. �. Turbocharger will not require insulation; however, the exhaust system inside the vault will require insulation. r" 8. Control Panel Manufacturers standard Automatic Start -Stop and remote enunciator panel. The enunciator panel shall be surfaced mounted PM on the north wall in the Building Services N office located in the basement. (Approximately 125 feet from the generator.) The enunciator panel shall meet or exceed the requirements as stated in NFPA 99 and shall h have the following warning features: Alarm Horn Alarm Silence Switch Lamp Test Switch High Engine Temperature (Shut down) Low Fuel 7 Low Oil Pressure (Shut down) Emergency Stop ` Overspeed Battery Charger Fault Low Battery Voltage L . Auxiliary Fault Overcrank �+ Line Power j Generator Power ° System Ready Generator Switch Not In Auto i Remote Start and Stop 4 f 9. Automatic Throwover See Attached Electrical Specifications �.. Switch to. Insulators Manufacturers standard insulators ATTACHMENT 1, PAGE 2 OF 6 r 2 r, 9 CITY OF-LUBBOCK MINIMUM SPECIFICATIONS FOR EMERGENCY GENERATOR SPEC 970 NO. ITEM MINIMUM REQUIREMENTS SELLER COMPLIANCE YES NO 11. Manuals 2 original sets of Operation and Maintenance Manuals must be provided and shall include the following information: Installation Instructions Maintenance Instructions Complete Asbuilt Drawings Component Instructions Spare Parts Information Parts. Lists & Drawings 12. Training Operations training shall be provided as required to ensure the operators have a thorough knowledge of the operation and operator maintenance required for of the safe and efficient operations of the unit. U. Labeling All devices and components shall be identified with a weatherproof, legible nameplate. 14. Service Manufacture shall maintain a competent service organization that is available on a 24 hour call basis. 15. Warranty Manufacturers Standard (Bidder shall provide a copy of the warranty with their quote). 16. Ground Pad A non-ferrous metal ground pad shall be mounted on diagonally opposite corners to provide a standard NEMA hole pattern suitable for attaching a two (2) hole grounding lug. 17. Wiring Control wiring shall be compatible with the maximum output of the generator. Solderless compression type connectors ` shall be used for terminating all wires. Control wires shall be numbered on both r ends with T&B HVM heat shrinkable, 8 legible, non -smudging, hot stamped markings at intervals not to exceed 2 1/2" r� or approved equal wire markers supplied next to the terminals with the number ` visible. These markers shall be completed with typed N permanent marks as indicated r' on the wiring diagram. ATTACHMENT 1, PAGE 3 OF 6 r 3 r. CITY OF LUBBOCK MINIMUM SPECIFICATIONS FOR EMERGENCY GENERATOR SPEC 970 NO. ITEM MINIMUM REQUIREMENTS SELLER COMPLIANCE YES NO Wiring shall not be spliced and shall be free from abrasions and tool marks. All wires shall be neatly laced up and harnessed and shall be supported to prevent sagging or breakage from weight or vibration. All wires shall be installed in a manner to ensure that there will be no rubbing or scraping of any wire bundle due to normal operations of the equipment. All terminations shall have a service loop to enable the repair of a wire end a minimum of three (3) times without the requirement to distort the wiring harness from its original state. is. Fuses Fuses shall be mounted in locations where �. they are readily accessible. Pull out type fuses shall be provided for all primary circuits and shall be of the current limiting type. Three (3) spare fuses of each type shall be furnished with the equipment. 19. Performance The combined generator, rotor, exciter, PMA and voltage regulator shall operate together to provide the following performance: A constant stable generator output voltage within 0.5% of nominal rated voltage from a no load to full load at any power factor between 80% lagging and 95% leading with balanced loading. The generator output wave form deviation shall not exceed 10%. For breaker tripping coordination, the generator shall be capable of sustained short circuit current not less than 300% of the generator armature full load current for not less than 10 seconds. With the application of 100% load at rated power factor the voltage dip shall not exceed 15% with a recovery time rated steady state voltage not to exceed 2 seconds maximum. With the removal of 100% load at rated factor the voltage rise shall not exceed 20% and shall recover to rated steady state voltage within 2 seconds with no more than one overshoot. ATTACHMENT 1, PAGE 4 OF 6 4 CITY OF LUBBOCK MINIMUM SPECIFICATIONS FOR EMERGENCY GENERATOR SPEC 970 NO. ITEM MINIMUM REQUIREMENTS SELLER COMPLIANCE YES NO L to L Harmonic content shall not be greater than 3% for any single harmonic and 5% total for all harmonics. The deviation factor shall not exceed 5%. The maximum phase to phase voltage deviation shall not exceed 2% of rated voltage with 5% An overspeed of 25% above normal engine speed shall not result in mechanical damage to the generator. Telephone influence factor shall not exceed: Balanced TIF 250 Residual TIF 100 The generator, exciter and PMA shall have an efficiency of greater than 94% when measured at rated load and temperature at sea level. 20. Insulation The generator, exciter, rotor, and PMA installation shall be as a minimum NEMA Class F. The temperature rise shall be as specified in ANSI C50.12. The temperature rise shall be determined by the embedded detector method for the stator and by the resistance method for the field. 21. Voltage Regulator The voltage regulator shall be solid-state electronic unit that regulates the main generator voltage output automatically. The voltage regulator shall have plus/ minus 10% adjustment range capable of being controlled remotely by a motorized voltage adjustment system. The regulator shall be capable of maintaining a constant and stable generator output voltage as specified under performance. Neither a 5% variation in speed nor a ambient temperature change from 0 degrees C to 65 degrees C shall affect the regulator's performance. ATTACHMENT 1, PAGE 5 OF 6 CITY OF LUBBOCK MINIMUM SPECIFICATIONS FOR EMERGENCY GENERATOR SPEC 970 NO. ITEM MINIMUM REQUIREMENTS SELLER COMPLIANCE YES NO 22. Day Tank A 100 Galion stand alone day shall be provided and mounted inside the room with the generator. The day tank shall be constructed with double walls and must be UL Listed. The tank shall have an automatic float system for starting the pump at the main tank at 30% capacity (30 Gallons) and stopping the pump at the tank at 90% capacity (90 Gallons). The supply line from the main tank shall have an emergency solenoid shut off valve that stops flow of fuel to the day tank in the event the float valve allows the tank to exceed 90% capacity. The emergency valve shall stop the flow of fuel at 95% capacity (95 Gallons). EMERG2 REV 9/4/98 ATTACHMENT 1, PAGE 6 OF 6 6 Electrical Addendum #7 ITB #98143 Municipal Square Emergency Generator and Fuel Storage Tank 1. In the electrical specifications contained in Addendum #4, page 2, paragraph 2.OD, delete the 6t'. sentence and insert the following sentence: The utility main and generator main shall each be provided with a separate and independent micro -processor based metering package capable of displaying the following data: ATTACHMENT 2, PAGE 1 OF 1 BID SUBMITTAL LUMP SUM BID CONTRACT PLACE: DATE: PROJECT NUMBER: #98143 - MUNICIPAL SQUARE EMERGENCY GENERATOR AND FUEL STORAGE TANK Bid of (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of a having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to fumish 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. 7 BID ITEM #1 Furnish and install generator. 7MATERIALS: ($ ) SERVICES: ($ ) TOTAL BID ITEM #1: ($ ) BID ITEM #2 Furnish and install switchgear. MATERIALS: ($ ) SERVICES: ($ } TOTAL BID ITEM #2: ($ ) ATTACHMENT 3, PAGE 1 OF 4 71 BID ITEM #3 Furnish and install fuel storage tank at Municipal Square. MATERIALS: ($ ) SERVICES: ($ ) TOTAL BID ITEM #3: ($ ) BID ITEM 04 Furnish and install fuel storage tank at Lubbock International Airport. MATERIALS: ($ ) SERVICES: ($ ) TOTAL BID ITEM #4: ($ ) BID ITEM #5 Construct room at Municipal Square. MATERIALS: ($ ) SERVICES: TOTAL BID ITEM #5: ($ ) TOTAL BID ITEMS 1.5: ($ ) (Amount shall be shown in both words and numerals. 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 80 (NINETY) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $500.00 (FIVE HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 21 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. �- The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on Flowhich he has bid; as provided in the contract documents. ATTACHMENT 3, PAGE 2 OF 4 r r•, Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable r without recourse to the order of the City of Lubbock in an amount not less than five percent (5% ) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within (ten)10 days after notice of award of the contract to him. r• Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of Dollars ($ ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid 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 bid; otherwise, said check or bond shall be returned to the undersigned upon demand. r 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. Authorized Signature (Printed or Typed Name) r Company r j (Seal if Bidder is a Corporation) ATTEST: Secretary Bidder acknowledges receipt of the following addenda: l Addenda No. Date I" Addenda No. Date Addenda No, Date Addenda. No. Date r Address City, County State Zip Code Telephone: Fax: - ATTACHMENT 3, PAGE 3 OF 4 3 LIST OF SUBCONTRACTORS Minority Owned Yes No ❑ ❑ ❑ ❑ ❑ 0 ❑ ❑ 0 0 0 0 0 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ATTACHMENT 3, PAGE 4 OF 4 4 P.O. Box 2000 Lubbock. Texas 79457 (806) 775-2167 • Fax (806) 775-2164 MAILED TO VENDOR: OLD CLOSE DATE: NEW CLOSE DATE: ITS #98143, Addendum i6 Office of Purchasing ADDENDUM N ITB #98143 Municipal Squ.are,Emergency Generator and Fuel Storage Tanks September 8,1998 September 10,1998 @ 2:00 p.m. September 23, 1998 @ 2:00 p.m. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Bid close date and time is hereby changed to September 23, 1998 @ 2:00 p.m. 2. Changes and/or additions to specifications will be addressed in future addenda. All requests for additional information or clarification must be submitted in writing and directed to: Helen Bums, Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to: (806)775-2164 or Email to: Hburns@mail.ci.lubbock.tx.us Helen Bums Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID 98143ad6.doe r P.O. Box 2000 Lubbock, Texas 79457 (806) 775-2167 9 Fax (806) 775-2164 ITB #96143, Addendum #5 Office of Purchasing ADDENDUM #5 ITB #98143 Municipal Square Emergency Generator and Fuel Storage Tanks MAILED TO VENDOR: September 2,1998 CLOSE DATE: September 10, 1998 ae 2:00 p.m. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Revised Electrical Specifications and Electrical Plan are appended as attachments to this document. All requests for additional information or clarification must be submitted in writing and directed to: Helen Bums, Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to: (806)775-2164 or Email to: HburnstccD-mail.ci.lubbock.tx.us THANK YOU, Helen Burns Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID "- MR rw 98143ad5.doc PW Electrical Addendum #5 ITB # 98143 Municipal Square Emergency Generator and Fuel Storage Tank 1. In the Electrical Specifications, page 2, paragraph 2.0 D add the following sentence after the second sentence in the paragraph: PM Programmers for electronic circuit breaker trips shall have adjustable settings long time, short time and instantaneous trip times. PM 2. In the Electrical Specifications page 3, Part III — Execution, 3.0 Switchboard Installation, delete all of the proposed sequence of work, paragraphs numbered r 1 —10 and insert the following: 3.0 Switchboard Installation: Installation of the switchboard shall be coordinated with the construction of the equipment room, installation of the new generator and with the installation of new power company transformers. The proposed sequence of work shall be as follows: i 1. The power company will be installing a new pad mount transformer and buried pullbox west of the generator room. Existing empty 6 — 4" type EB, PVC conduits have already been installed under the existing driveway to the approximate location shown on the plans. The Contractor under this project shall extend those existing conduits underground to the new switchboard location. The Contractor should refer to the architectural plans to determine the scope of concrete removal that is already being shown for construction of the new equipment room. Connecting to the existing 6-4" conduits may require additional concrete removal. 2. The Contractor shall install new service entrance conductors of the size and quantity shown on the plans, from the new switchboard, through the buried pullbox and to the new pad mount transformer. Final connection to the transformer will be done by the power company. Leave sufficient slack at the transformer for these connections. 3. Existing power company transformers in the existing transformer vault must remain in service and energized until the new switchboard is energized and connected to the existing cable tap box in the transformer vault. Work in the vault will be restricted until the transformers can be de - energized. The power company will assist the Contractor in erecting or installing suitable barriers and covers the prevent accidental contact with existing energized 12,000 volt apparatus and cables. .. i 6 4. During a scheduled outage of the building, the existing cable. tap box will be connected to the new switchboard, the new pad mount transformer will be energized and the existing transformers in the vault will be de - energized. e 5. The power company will remove the existing transformers and equipment r, from the vault through a new opening cut by the Contractor in the south j wall of the existing vault. !., 6. Installation and connection of the generator shall be completed. r r ITS #98143, Municipal Square Emergency Generator and Fuel Storage Tank, Addendum #4 P.O. Box 2000 Lubbock. Texas 79457 (806) 775-2167 • Fax (806) 775-2164 Office of Purchasing ADDENDUM #4 ITB #98143 Municipal Square Emergency Generator and Fuel Storage Tank MAILED TO VENDOR: August 26, 1998 CLOSE DATE: September 10,1998 @ 2:00 p.m. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Revised specifications, including emergency generator specifications, electrical specifications, and fuel storage tank specifications (to include an additional tank to be located at Lubbock International Airport) are appended as Attachments 1, 2, 3, and 4 of this document. All requests for additional information or clarification must be submitted in writing and directed to: Helen Bums, Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 rQuestions may be faxed to: (806)775-2164 or Email to: Hbums@mail.ci.lubbock.tx.us r THANK YOU, f Helen Bums Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID 7 ITS 98143ad4.doc CITY OF LUBBOCK MINIMUM SPECIFICATIONS FOR EMERGENCY GENERATOR SPEC 970 MAKE MODEL IT IS THE INTENT OF THESE SPECIFICATIONS TO DESCRIBE A DIESEL POWERED EMERGENCY GENERATOR THAT WILL PROVIDE EMERGENCY POWER FOR THE CITY'S MUNICIPAL SQUARE COMPLEX. SPECIFIC AREAS INCLUDED ARE: COMMUNICATIONS CENTER, EMERGENCY OPERATIONS CENTER, INFORMATION TECHNOLOGY, MUNICIPAL COURT, AND POLICE DEPARTMENT. THE GENERATOR WILL BE HOUSED IN THE ENCLOSED AREA CURRENTLY BEING USED AS A TRANSFORMER VAULT. THE UNIT WILL RECEIVE FUEL FROM A 1,000 GAL ABOVE GROUND CONCRETE TANK LOCATED ON THE EAST SIDE OF THE CURRENT TRANSFORMER VAULT. THE SPECIFICATIONS ARE BASED ON A 60ODS60 SPECTRUM, 3412 DITTA CATERPILLAR OR APPROVED EQUAL. ALL COMPONENTS AND SERVICES SPECIFIED ARE REQUIRED FOR A COMPLETE OPERABLE SYSTEM AND SHALL BE INCLUDED WITH THE UNIT. IN ADDITION, THE UNIT QUOTED MUST MEET OR EXCEED NEMA, IEEE, AND ANSI STANDARDS FOR TEMPERATURE RISE AND PASS ALL TESTS PERFORMED IN ACCORDANCE WITH MIL -STD 705B. NOTE: THE BIDDER SHALL BE RESPONSIBLE FOR ALL ELECTRICAL WORK FROM THE GENERATOR TO THE AUTOMATIC BYPASS -ISOLATION SWITCH. ALL SERVICE WIRING WILL BE COMPLETED BY THE CITY OF LUBBOCK ELECTRICAL CONTRACTOR THE PRICE QUOTED SHALL INCLUDE INSTALLATION, START-UP PROCEDURES, AND FINAL INSPECTION. THE UNIT SHALL BE TESTED BY THE MANUFACTURER PRIOR TO DELIVERY AND RETESTED AFTER INSTALLATION HAS BEEN COMPLETED. NO. ITEM MINIMUM REQUIREMENTS SELLER COMPLIANCE YES NO Engine Detroit Diesel, 12V92TA, Caterpillar 4312 DITTA or approved equal with block heater and oil heater. 2. Generator Spectrum Model 600DS60, Caterpillar Model 3412, or approved equal Voltage - 120/208 Standby Amps - 2082 Phase - 3 Hz - 60 Standby kW/kVA - 600/750 Prime kW/kVA 546/683 Emergency System Engine shall be equipped with the Manufacturers Standard Emergency Shut -down system for low oil pressure and overheating. 4. Radiator System Manufacturers standard high ambient water cooling system. r ATTACHMENT 1 r r CITY OF LUBBOCK r MINIMUM SPECIFICATIONS FOR EMERGENCY GENERATOR SPEC 970 F NO. ITEM MINIMUM REQUIREMENTS SELLER COMPLIANCE YES NO 1 5. Battery Charger Manufacturers standard 24 volt float type with alarms. 6. Battery Heater Manufacturers Standard. 7. Exhaust Hospital Grade Mufflers extended 2 foot above the roof line of the building. The entire exhaust stack shall be double walled. The exhaust run shall be 56 feet from the generator to 2 feet above the roof. Turbocharger will not require insulation; however, the exhaust system inside the vault will require insulation. 8. Control Panel Manufacturers standard Automatic Start -Stop and remote enunciator panel. The enunciator panel shall be surfaced mounted on the north wall in the Building Services office located in the basement. (Approximately 125 feet from the generator.) The enunciator panel shall meet or exceed the requirements as stated in NFPA 99 and shall have the following warning features: Alarm Horn Alarm Silence Switch Lamp Test Switch High Engine Temperature (Shut down) Low Fuel Low Oil Pressure (Shut down) Emergency Stop Overspeed Battery Charger Fault Low Battery Voltage Auxiliary Fault Overcrank Line Power Generator Power System Ready Generator Switch Not In Auto Remote Start and Stop 9. Automatic Throwover See Attached Electrical Specifications Switch 10. Insulators Manufacturers standard insulators r 2 pow CITY OF LUBBOCK MINIMUM SPECIFICATIONS ,., FOR EMERGENCY GENERATOR SPEC 970 NO. ITEM MINIMUM REQUIREMENTS SELLER COMPLIANCE YES NO F 11. Manuals 2 original sets of Operation and Maintenance Manuals must be provided and shall include the following information: Installation Instructions Maintenance Instructions Complete Asbuilt Drawings Component Instructions Spare Parts Information Parts Lists & Drawings 12. Training Operations training shall be provided as required to ensure the operators have a thorough knowledge of the operation and operator maintenance required for of the safe and efficient operations of the unit. 13. Labeling All devices and components shall be identified with a weatherproof, legible nameplate. 14. Service Manufacture shall maintain a competent service organization that is available on a 24 hour call basis. 15. Warranty Manufacturers Standard (Bidder shall provide a copy of the warranty with their quote). 16. Ground Pad A non-ferrous metal ground pad shall be mounted on diagonally opposite comers to provide a standard NEMA hole pattern suitable for attaching a two (2) hole grounding lug. 17. Wiring Control wiring shall be compatible with the maximum output of the generator. Solderless compression type connectors shall be used for terminating all wires. Control wires shall be numbered on both ends with T&B HVM heat shrinkable, 8 legible, non -smudging, hot stamped markings at intervals not to exceed 2 1/2" or approved equal wire markers supplied next to the terminals with the number visible. These markers shall be completed with typed N permanent marks as indicated on the wiring diagram. F 3 r CITY OF LUBBOCK MINIMUM SPECIFICATIONS FOR EMERGENCY GENERATOR SPEC 970 NO. ITEM MINIMUM REQUIREMENTS SELLER COMPLIANCE YES NO !� Wiring shall not be spliced and shall be free from abrasions and tool marks. All wires shall be neatly laced up and r� harnessed and shall be supported to prevent sagging or breakage from weight or vibration. All wires shall be installed in a manner to ensure that there r• will be no rubbing or scraping of any wire bundle due to normal operations of the equipment. All terminations shall have a service loop to enable the repair of a wire end a minimum of three (3) times without the requirement to distort the wiring harness from its original state. 18. Fuses Fuses shall be mounted in locations where they are readily accessible. Pull out type fuses shall be provided for all primary circuits and shall be of the current limiting type. Three (3) spare fuses of each type .. shall be furnished with the equipment. 19. Performance The combined generator, rotor, exciter, PMA and voltage regulator shall operate P" together to provide the following performance: A constant stable generator output voltage within 0.5% of nominal rated voltage from a no load to full load at any power factor between 80% lagging and 95% leading with balanced loading. The generator output �* wave form deviation shall not exceed 10%. For breaker tripping coordination, the generator shall be capable of sustained short circuit current not less than 300% of the generator armature full load current for not less than 10 seconds. With the application of 100% load at rated power factor the voltage dip shall not exceed 15% with a recovery time rated steady state voltage not to exceed 2 seconds maximum. With the removal of 100% load at rated factor the voltage rise shall not exceed 20% and shall recover to rated steady state voltage within 2 seconds with no more than one overshoot. 4 r r CITY OF LUBBOCK MINIMUM SPECIFICATIONS FOR EMERGENCY GENERATOR SPEC 970 NO. ITEM MINIMUM REQUIREMENTS SELLER COMPLIANCE '., YES NO L to L Harmonic content shall not be greater .� than 3% for any single harmonic and 5% total for all harmonics. The deviation factor shall not exceed 5%. The maximum phase to phase voltage deviation .. shall not exceed 2% of rated voltage with 5% An overspeed_of 25% above normal engine speed shall not result in mechanical damage to the generator. Telephone influence factor shall not exceed: Balanced TIF 250 Residual TIF 100 The generator, exciter and PMA shall have an efficiency of greater than 94% when measured at rated load and temperature at sea level. 20. Insulation The generator, exciter, rotor, and PMA installation shall be as a minimum NEMA Class F. The temperature rise shall be as specified in ANSI C50.12. The temperature rise shall be determined by the embedded !^ detector method for the stator and by the resistance method for the field. 21. Voltage Regulator The voltage regulator shall be solid-state electronic unit that regulates the main generator voltage output automatically. The voltage regulator shall have plus/ ►� minus 10% adjustment range capable of being controlled remotely by a motorized voltage adjustment system. The regulator shall be capable of maintaining a constant and stable generator output voltage as specified under performance. Neither a 5% variation in speed nor a ambient �. temperature change from 0 degrees C to 65 degrees C shall affect the regulator's performance. 5 Ir P CITY OF LUBBOCK MINIMUM SPECIFICATIONS FOR EMERGENCY GENERATOR SPEC 970 NO. ITEM MINIMUM REQUIREMENTS SELLER COMPLIANCE YES NO 22. Day Tank A 100 Gallon stand alone day shall be provided and mounted inside the room with the generator. ^ The day tank shall be constructed with double walls and must be UL Listed. The tank shall have an automatic float system for starting the pump at the PM main tank at 30% capacity (30 Gallons) and stopping the pump at the tank at 90% capacity (90 Gallons). The supply line from the main tank shall have an emergency solenoid shut off valve that stops flow of fuel to the day tank in the event the float valve allows the tank to exceed 90% capacity. The emergency valve shall stop the flow of fuel at rft 95% capacity (95 Gallons). l* EMERG2 r REV 824/98 r• 6 .• City of Lubbock Municipal Square Emergency Generator Electrical Specifications r.. Part I — General 1.0 Scope This specification covers the requirements for electrical work associated with the installation of an emergency generator at the City Of Lubbock's Municipal Square Building, 916 Texas Ave. The emergency generator is specified elsewhere in these specifications. The scope of the Installation r., work covered by this specification shall include the furnishing and installing of the an automatic throwover switchboard, connecting of the switchboard to the new emergency generator, connecting of the new switchboard to the new utility service, connection of the new switchboard to the existing service entrance busduct, and providing electrical hook up of all generator accessories and auxiliary equipment and performing all electrical work shown on the plans or described in the contract documents. 1.1 Submittals Submit for approval, 5 sets of complete descriptive literature, drawings, catalog data, schematics and other necessary data for review by the Owner prior to ordering or installing any equipment. Upon completion of the project, the Contractor shall submit to the Owner, 5 copies of complete operating and maintenance manuals for all equipment furnished on this project. ,. Part 11— Products 2.0 Automatic Throwover Switchboard A. Furnish and install under this section of the specifications a complete and operational automatic throwover switchboard. This switchboard shall have a UL Service Entrance label and shall be designed to automatically switch the entire Municipal Square building load from the ,.. normal utility source to the standby emergency generator source. The automatic throwover control system shall have the appropriate controls, relays, timers and accessories necessary to sense the loss of the normal utility source, automatically start the emergency generator and then transfer the building load to the standby source. Utility main and generator main circuit breakers shall be drawout type with electrical interlocks to prevent the simultaneous closing of both breakers. ,.. B. The switchboard shall have the following general ratings and features: Voltage rating: 120/208 volts, 3 phase, 4 wire Main bus rating: 4000 amperes, full neutral Utility main rating: 4000 amp frame, drawout, insulated case circuit breaker with 3500 amp Generator main rating: 4000 amp frame, drawout, insulated case circuit breaker with 2000 amp trip. Minimum Interrupting Rating: 65,000 amps, RMS, sym. Enclosure: NEMA 1 Attachment 2 i r" r C. The automatic throwover scheme shall have the following features and functions: 1. Three phase sensing of normal voltage source 2. Single phase sensing of alternate voltage source 3. Adjustable time delay on transfer 4. Adjustable time delay of engine start 5. Adjustable time delay of engine stop — (cool down) 6. Adjustable time delay of retransferto normal source 7. Manual — auto selector switch for transfer 8. Manual — auto selector switch for retransfer 9. Test switch to simulate loss of normal source 10. Manual control switches for normal and attemate sources 11. Indicating pilot lights for breaker position ( open, dosed), source power available (normal, emergency), transfer scheme mode ( auto, manual). 12. Control power transformers for normal and emergency 13. Overcurrent lockout of transfer function for utility main overcurrent trips 14. Immediate re -transfer without delay if emergency source fails 15. Plant exerciser with option to exercise with or without load transfer D. The switchboard shall have the devices and ratings as shown above. Circuit breakers shall be insulated case, 100 % rated, drawout type with fully adjustable electronic trip units. The switchboard shall a full neutral, and full length ground bus. The switchboard shall be designed for no rear access requirements. Front and side access Is acceptable. The utility main and generator main shall be provided with a micro -processor based metering package capable to displaying the following data: 1. All three phase voltages 2. All line to neutral voltages 3. All phase currents 4. Watts, VARs, and voltamps 5. Watthours, volt -amp hours, VAR hours 6. VA, VAR and watt demand 7. Power factor and frequency In addition the meter shall have the ability to program set points for various metered quantities. When the metered quantity exceeds the set point value, the meter shall cause an output relay or device to operate. The meter shall have the capability to add, at a later date, digital communications for remote retrieval of meter data. The meter shall have a back -lit LCD display and a built-in keypad for displaying and programming of the device. 2.1 Conduits: All wiring shall be installed In UL listed metallic conduits. Indoor conduits, shall be rigid galvanized steel., intermediate metallic tubing or electrical metallic tubing. Conduits installed below grade in soil or in concrete shall be rigid galvanized steel. Fittings for electrical metallic tubing shall be steel compression type. 2.2 Wiring: ------- -:---Ail wiring -shall -be -copper conductor -with UL-listed-ThW-orTHHN insulation -far above ground - interior circuits. Service entrance conductors shall have XHHW Insulation. All phase conductors shall be color coded. r Part III — Execution 3.0 Switchboard Installation: Installation of the switchboard shall be coordinated with the construction of the equipment room and with the installation of new power company transformers. The proposed sequence of work shall be as follows: 1. The power company will be installing a new pad mount transformer west of the generator room. The power company will stub service entrance conduits ( 6 ea.— 47 into the northwest comer of the existing transformer vault. 2. The Contractor shall install a suitable pull box on the 6 new 4- service conduits. 3. The Contractor will install 3 sets of 6 - #500 MCM, 1 #4/0 neutral in 3 of the new service entrance conduits from the pull box to the new pad mount transformer. 4. During a scheduled outage, the existing vault transfonmers.will be de -energized and disconnected from the existing busduct cable tap box in the transformer vault. The new 3 sets of 6- #500 MCM service conductors will be connected to the cable tap box and the new pad mount transformer energized to temporarily feed the building directly from the transformer. Sufficient stack should be left in the new service entrance cables so that at a future time these cables can be pulled on to the new switchboard. 6. The power company will then remove all existing transformers, cables and equipment from the existing transformer vault through a new opening cut in the south wall of the vault. This opening will be used for installation of the new generator. 6. The new switchboard room will be constructed and the generator room prepared. 7. The new switchboard and generator will be installed. 8. The generator will be connected to the new switchboard. Conduits will be installed from the new switchboard to the new service entrance pull box and to the existing cable tap box. Cables will be installed from the switchboard to the cable tap box, but not terminated. 9. The remaining three sets of. 64500 MCM and 144/0 neutral will be Installed from the new pad mount transformer, through the new pull -box to the new switchboard. r Adjustments to this sequence of work shall be made by the Contractor as required to fd the available man -power and resources. During outages, critical functions at Municipal Square will be supplied by the existing emergency generator located in the basement. Outages will be - --limited -to 8-hour dur-atiort-and must be -scheduled 48 hours in advance with the Owners --- -------- representative. Outage times will be coordinated with Municipal Square operations, to minimize ,., interruptions to functions that do not have power from the existing emergency generator. 10. During a second scheduled outage The temporary 3 sets of 6- #500 MCM will be disconnected from the cable tap box and re -pulled to the new switchboard. All final connections will be made. The new switchboard will now be fed by 6 sets of 6 - #500 MCM from the transformer and the cable tap box will be connected to the load side of the new switchboard. The switchboard manufacturer shall provide the services of a factory technician to check out the operation of the automatic transfer scheme and to provide a minimum of 4 hours of instruction r� CITY OF LUBBOCK MINIMUM SPECIFICATIONS FOR t 1,000 GALLON ABOVEGROUND CONCRETE ENCASED FUEL STORAGE TANK .. FOR MUNICIPAL SQUARE IT IS THE INTENT OF THESE SPECIFICATIONS TO DESCRIBE A 1,000 GALLON CONCRETE ENCASED ABOVE- GROUND STEEL TANK, CONVALT OR APPROVED EQUAL. THE TANK WILL BE LOCATED AT THE MUNICIPAL SQUARE BUILDING, 916 TEXAS AVENUE. ALL SERVICES SPECIFIED AND REQUIRED FOR A COMPLETE OPERABLE SYSTEM SHALL BE INCLUDED WITH THE UNIT. IN ADDITION, THE CONTRACTOR SHALL �^ COMPLY WITH STANDARDS SET FORTH BY THE NATIONAL FIRE PROTECTION ASSOCIATION, THE G OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, THE ENVIRONMENTAL PROTECTION AGENCY, NATIONAL ELECTRIC CODE, TEXAS NATURAL RESOURCE CONSERVATION COMMISSION, CITY OF LUBBOCK BUILDING CODES, AND LOCAL FIRE DEPARTMENT RULES AND REGULATIONS. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO OBTAIN ALL APPLICABLE PERMITS AND INSTALLATION APPROVALS PRIOR TO BEGINNING CONSTRUCTION. r THE PRICE QUOTED SHALL INCLUDE INSTALLATION, START-UP PROCEDURES, AND FINAL INSPECTION. r� THE UNIT SHALL BE TESTED BY THE MANUFACTURER PRIOR TO DELIVERY AND RETESTED AFTER INSTALLATION HAS BEEN COMPLETED. NO. ITEM MINIMUM REQUIREMENTS SELLER COMPLIANCE YES NO 1, Aboveground tank Provide a concrete encased steel fuel tank that will be used for the purpose of storing diesel fuel for an emergency generator. The tank shall be factory fabricated, factory cast, and factory tested. The tank shall be contained in a concrete vault that rests 4" above the ground on a concrete slab. The tank assembly shall be U. L. listed in accordance with U. L. ,.. Subject 2985, Protected Type. The tank shall be a Convalt/Dalworth or approved equal. 2. Steel Tank The steel tank shall contain the following manufacturers standard elements: A. Meet all applicable U. L. Standards B. Steel skin - 3116" thick ASTM A-36 ►+ C. Coated threaded openings D. Rectangular in shape with continuous welds on all sides and bottom plate E. Pressure tested at 5 psi for 24 hours C" F. Coated with rust resistant primer __.___._._,_.__._.__G._.Co.vered.withll4inch.thicl insulatin g spacer___._..____. panels of polystyrene or approved equal. r^ (Product must melt upon contact with leaking petroleum products) Attachment 3 r "M CITY OF LUBBOCK MINIMUM SPECIFICATIONS Ira FOR 1,000 GALLON ABOVEGROUND CONCRETE ENCASED FUEL STORAGE TANK r•. FOR MUNICIPAL SQUARE ^, NO. ITEM MINIMUM REQUIREMENTS SELLER COMPLIANCE YES NO H. Coated 4" threaded fill nipple with 7 gallon lockable internal overfill containment, secondary . containment detector tube, 4" threaded connection nipple, 3 each 2" threaded connection nipples, and r I each 6" threaded emergency vent nipple 3. Secondary containment Shall consist of a 30 mil. polygeothermal membrane enclosing the polystyrene spacer panels in a continuous manner above the liquid level. 4. Concrete vault The concrete vault shall consist of the following i" manufacturers standard elements: A. Shall consist of 6 inches of 3,000 PSI reinforced concrete �.. B. Be structurally designed to properly support the tank when filled and a 1001bJsq. ft. top slab live load C. Shall be a monolithic pour with no cold joints, heat sinks, or metallic penetrations on bottom and sides s D. Meet all applicable U. L. Standards E. Must have the capability of physical monitoring r between primary and secondary containment f F. Must be in compliance with applicable ACI and ' AASHTO Standards. r„ G. Reinforcing steel shall comply with ASTM A615 grade 60 or ASTM A706 grade requirements H. Shall be precast and prefmished with EXPOSED AGGREGATE FINISH utilizing two coats of clear fuel resistant coatings. 5. Dimensions Manufacturers standard for 1,000 tank r•. Width - 5'8" Length - l l' Height - 4'4" Weight - (Approx.) 18,000 lb. r -I ..--- 31l containment---Manufac=cn-standard.7-gallon._.. 7. Tank gauging Provide appropriate gauge sticks with calibration charts 8. Installation Shall be completed as recommended by the i manufacturer and as approved by the owner's representative. r. 2 r CITY OF LUBBOCK MINIMUM SPECIFICATIONS FOR 1,000 GALLON ABOVEGROUND CONCRETE ENCASED FUEL STORAGE TANK FOR MUNICIPAL SQUARE NO. ITEM MINIMUM REQUIREMENTS SELLER COMPLIANCE YES NO Electrical service, fuel piping, and pump unit shall be installed in accordance with manufacturers standard specifications as well as all NEC, NFPA, local Building Codes, and Fire Department requirements. Electrical service to the tank location will be furnished by the City of Lubbock. 9 10. Supply line Pump 11. Motor 12. A I" supply line shall be installed above ground from the tank location and connected to the day tank of the generator. The tank will be located 120 feet from the generator. Note: The supply line shall be mounted to the wall at ceiling level. Heavy duty 2 GPM self -priming, positive displacement rotary gear pump with corrosion resistant bronze housing and gears with stainless steel shafts, self lubricating carbon bearings with lip -seals shall be provided. The pump shall be mounted directly to the motor via a carbonator style split -tang shaft coupling. Shall be a 1/3 HP, open drip -proof, (squirrel cage) single phase, auto thermal protected, bearing supported shaft, class B insulation for continuous 40 degree C operation, 115 Volt, 60Hz. Testing Testing shall be completed in accordance with all applicable standards. Manufacturer shall provide a written 30 year warranty with the tank provided FUELTNK2 Rev - 8/20193 3 3 CITY OF LUBBOCK MINIMUM SPECIFICATIONS ►' FOR 1,000 GALLON ABOVEGROUND CONCRETE ENCASED FUEL STORAGE TANK FOR AVIATION IT IS THE INTENT OF THESE SPECIFICATIONS TO DESCRIBE A 1,000 GALLON CONCRETE ENCASED ABOVE- i7 GROUND STEEL TANK, CONVALT OR APPROVED EQUAL. THE TANK WILL BE LOCATED AT THE LUBBOCK INTERNATIONAL AIRPORT ON THE NORTH SIDE OF RUNWAY 8-26 AT MIDFIELD. ALL COMPONENTS AND SERVICES SPECIFIED AND REQUIRED FOR A COMPLETE OPERABLE SYSTEM SHALL BE INCLUDED WITH THE UNIT. IN ADDITION, THE CONTRACTOR SHALL COMPLY WITH STANDARDS SET FORTH BY THE NATIONAL FIRE PROTECTION ASSOCIATION, THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, THE ENVIRONMENTAL PROTECTION AGENCY, NATIONAL ELECTRIC CODE, TEXAS r NATURAL RESOURCE CONSERVATION COMMISSION, CITY OF LUBBOCK BUILDING CODES, AND LOCAL FIRE DEPARTMENT RULES AND REGULATIONS. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO OBTAIN ALL APPLICABLE PERMITS AND INSTALLATION APPROVALS PRIOR TO BEGINNING CONSTRUCTION. THE PRICE QUOTED SHALL INCLUDE INSTALLATION, START-UP PROCEDURES, AND FINAL INSPECTION. THE UNIT SHALL BE TESTED BY THE MANUFACTURER PRIOR TO DELIVERY AND RETESTED AFTER INSTALLATION HAS BEEN COMPLETED. NO. ITEM MINIMUM REQUIREMENTS SELLER COMPLIANCE YES NO 7 l . Aboveground tank Provide a concrete encased steel fuel tank that will be used for the purpose of storing diesel fuel for an emergency generator. The tank shall be factory .— fabricated, factory cast, and factory tested. The tank shall be contained in a concrete vault that rests 4" above the ground on a concrete slab. The tank assembly shall be U. L. listed in accordance with U. L. r� Subject 2985, Protected Type. The tank shall be a Convalt/Dalworth or approved equal. '^ 2. Steel Tank The steel tank shall contain the following manufacturers standard elements: A. Meet all applicable U. L. Standards r B. Steel skin - 3/16" thick ASTM A-36 C. Coated threaded openings D. Rectangular in shape with continuous welds on all sides and bottom plate E. Pressure tested at 5 psi for 24 hours G. Covered with 1/4 inch thick insulating spacer r•• panels of polystyrene or approved equal. (Product must melt upon contact with leaking petroleum products) r Attachment 4 r i i ., CITY OF LUBBOCK MINIMUM SPECIFICATIONS FOR 1,000 GALLON ABOVEGROUND CONCRETE ENCASED FUEL STORAGE TANK FOR AVIATION NO. ITEM MINIMUM REQUIREMENTS SELLER COMPLIANCE YES NO Electrical service, fuel piping, and pump unit shall be installed in accordance with manufacturers standard specifications as well as all NEC, NFPA, local Building Codes, and Fire Department requirements. Electrical service to the tank location will be furnished by the City of Lubbock. The concrete foundation slab shall be constructed to the following deminsons: Slab Weight - 12,000 r" Length - 1116" Width - 696" Thickness - 6" r Vehicle protection barriers shall be installed as per ` the manufacturers standard design, using 6"filled pipe barriers located on 48" centers located on all 4 sides. d, 9. Pump A heavy duty 2GPM self -priming, positive displacement rotary gear pump with corrosion resistnat bronze housing and gears with stainless steel shafts, self lubricating carbon bearings with lip -seals shall be provided. The pump shall be mounted directly to the motor via a carbonator style split -tang shaft coupling. 10. Motor Shall be a 1/3 HP, open drip -proof, (squirrel cage) single phase, auto thermal protected, bearing supported shaft, class B insulation �.. for continuous 40 degree C operation, 115V, 60Hz 11. Testing Testing shall be completed in accordance with r all applicable standards. Manufacturershall_prnvide_ awritten 30 year - warranty with the tank provided i FnLTANK Rev - 8R0/98 r•• 3 and training of the Owner's maintenance persoh iel oil the operation, testing and maintenance of the equipment. 3.1 Conduit installation: ^, All conduits shall be supported in accordance with NEC requirements. Parallel conduit runs shall be supported on trapezes and arranged In a workman like manner. Conduit runs shall be Installed parallel to walls and ceilings. All switchboard conduits shall be provided with bonding bushings. 3.2 Grounding: The new switchboard shall be grounded in accordance with the N.E.C. This grounding shall include a copper counterpoise installed below the switchboard room floor. This counterpoise shall consist of four 8 foot long, copper clad steel ground rods Installed below the slab and bonded together with a bare #V0 copper conductor. A grounding electrode conductor shall be ' connected to this counterpoise run through the switchboard room slab in a PVC conduit sleeve and connected to the switchboard. In addition a grounding electrode conductor shall be run in conduit through the existing tunnel under the switchboard room and connected to the main water service pipe In the basement boiler room. The conduit shall be PVC or rigid galvanized steel with r appropriate fittings on each end for bonding the grounding electrode conductor to the pipe. r• 4 .• A• CITY OF LUB13OCK MINIMUM SPECIFICATIONS �•. FOR 1,000 GALLON ABOVEGROUND CONCRETE ENCASED FUEL STORAGE TANK FOR AVIATION NO. ITEM MINIMUM REQUIREMENTS SELLER COMPLIANCE 7 YES NO H. Coated 4" threaded fill nipple with 7 gallon lockable internal overfill containment, secondary containment detector tube, 4" threaded connection nipple, 3 each 2" threaded connection nipples, and 1 each 6" threaded emergency vent nipple 3. Secondary containment Shall consist of a 30 mil. polygeothermal membrane enclosing the polystyrene spacer panels in a continuous manner above the liquid level. 4. Concrete vault The concrete vault shall consist of the following ,.. manufacturers standard elements: A. Shall consist of 6 inches of 3,000 PSI reinforced concrete B. Be structurally designed to properly support the tank when filled and a 100 lb./sq. & top slab live load C. Shall be a monolithic pour with no cold joints, heat sinks, or metallic penetrations on bottom •� and sides D. Meet all applicable U. L. Standards E. Must have the capability of physical monitoring between primary and secondary containment F. Must be in compliance with applicable ACI and AASHTO Standards. G. Reinforcing steel shall comply with ASTM A615 grade 60 or ASTM A706 grade requirements H. Shall be precast and prefmished with EXPOSED AGGREGATE FINISH utilizing two coats of ^, clear fuel resistant coatings. 5. Dimensions Manufacturers standard for 1,000 tank Width - 51" Length II' Height - 4'4" Weight -(Approx.) 18,000 lb. r. 6. Overfill containment Manufacturers standard 7 gallon 7. Tank gauging Provide appropriate gauge sticks with calibration charts 8. Installation Shall be completed as recommended by the manufacturer and as approved by the owner's representative. 2 ITB #98143, Municipal Square Emergency Generator and Fuel Storage Tank, Addendum d3 P.O. Box 2000 Lubbock. Texas 79457 (806) 775-2167 - Fax (806) 775-2164 MAILED TO VENDOR: OLD CLOSE DATE: NEW CLOSE DATE: Office of Purchasing ADDENDUM #3 ITB #98143 Municipal Square Emergency Generator and Fuel Storage Tank August 6, 1998 August 11, 1999 @ 2:00 p.m. September 10, 1998 @ 2:00 p.m. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Bids will be accepted in the Office of the Purchasing Manager, Room L-04, 1625 13t' Street, Lubbock, Texas, until 2:00 p.m., September 10, 1998. 2. For the purpose of familiarizing interested parties with revised specifications, a second pre -bid meeting will be held at the Municipal Square Auditorium, Second Floor, 916 Texas Avenue, Lubbock, Texas, at 9:00 a.m., Thursday, September 3, 1998. 3. Revisions to current specifications will be included in future addenda. All requests for additional information or clarification must be submitted in writing and directed to: Questions may be faxed to or Email to: Helen Bums, Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 (806)775-2164 Hbums@mail.ci.lubbock.tx.us 7Z� Helen Bums Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID 7 ITB 98143ad3.doc ITB #98143, Municipal square Emergency Generator and Fuel Storage Tank, Addendum #2 P.O. Box 20 o Lubbock. Texan 79457 (806) 775-2167 • Fax (806) 775-2164 Office of Purchasing ADDENDUM #2 ITB #98143 Municipal Square Emergency Generator and Fuel Storage Tank MAILED TO VENDOR: July 8, 1998 OLD CLOSE DATE: July 16, 1998 C? 4:00 p.m. NEW CLOSE DATE: August 11, 1998 @ 2:00 p.m. The following items take precedence over specifications for the above named Invitation to Bid (ITB). r- Where any item called for in the ITB documents Is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Bids will be accepted in the Office of the Purchasing Manager, Room L-04, 1625 13"' Street, Lubbock, Texas, until 2:00 p.m., August 11, 1998. 2. Any revisions to current specifications will be included In future addenda. r` All requests for additional information or clarification must be submitted In writing and directed to: Helen Bums, Buyer r., City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to: (806)775-2164 or Email to: Hbums@mail.ci.lubbock.tx.us PM THANK YOU, Helen Bums Buyer r PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID ITB 98143ad2.doc r 1 ITB #98143, Municipal Square Emergency Generator and Fuel Storage Tank, Addendum #1 P.O. Box 2000 Lubbock. Texas 79457 (806) 775-2167 • Fax (806) 775-2164 MAILED TO VENDOR: CLOSE DATE: Office of Purchasing ADDENDUM 0 ITB #98143 Municipal Square Emergency Generator and Fuel Storage Tank July 8, 1998 July 16, 1998 Ca! 4:00 p.m. M The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. r 1. City of Lubbock Minimum Specifications for Emergency Generator Spec 970 is replaced in its entirety. Revised specifications are appended as Attachment 1 of this document. 2. City of Lubbock Minimum Specifications for 1,000 Gallon Aboveground Concrete Encased Fuel Storage Tank for Municipal Square, Item 9, Supply Line is revised to read as follows: A 1' supply line shall be installed above ground from the tank location. The tank will be located 10' from the generator. r All requests for additional information or clarification trust be submitted in writing and directed to: Questions may be faxed to: or Email to: Helen Bums, Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 (806)775-2164 Hbums@mail.ci.lubbock.tx.us THANK YOU, Helen Bums Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID ITB 98143ad 1.doc 4' 7 ITB #98143, Municipal Square Emergency Generator and Fuel Storage Tank Addendum #1 M7 CITY OF LUBBOCK MINIMUM SPECIFICATIONS r FOR EMERGENCY GENERATOR SPEC 970 MAKE MODEL IT IS THE INTENT OF THESE SPECIFICATIONS TO DESCRIBE A DIESEL POWERED EMERGENCY GENERATOR THAT WILL PROVIDE EMERGENCY POWER FOR THE CITY'S MUNICIPAL SQUARE COMPLEX. SPECIFIC AREAS INCLUDED ARE: COMMUNICATIONS CENTER, EMERGENCY OPERATIONS CENTER, INFORMATION TECHNOLOGY, MUNICIPAL COURT, AND POLICE DEPARTMENT. THE GENERATOR WILL BE HOUSED IN THE ENCLOSED AREA CURRENTLY BEING USED AS A TRANSFORMER VAULT. THE UNIT WILL RECEIVE FUEL FROM A 1,000 GAL ABOVE GROUND CONCRETE TANK LOCATED ON THE EAST SIDE OF THE CURRENT TRANSFORMER VAULT. THE SPECIFICATIONS ARE BASED ON A 60ODS60 SPECTRUM, 3412 DTTTA CATERPILLAR OR APPROVED EQUAL. ALL COMPONENTS AND SERVICES SPECIFIED ARE REQUIRED FOR A COMPLETE OPERABLE SYSTEM AND SHALL BE INCLUDED WITH THE UNIT. IN ADDITION, THE UNIT QUOTED MUST MEET OR EXCEED NEMA, IEEE, AND ANSI STANDARDS FOR TEMPERATURE RISE AND PASS ALL TESTS PERFORMED IN ACCORDANCE WITH MIL -STD 705B. NOTE: THE BIDDER SHALL BE RESPONSIBLE FOR ALL ELECTRICAL WORK FROM THE GENERATOR TO THE AUTOMATIC BYPASS -ISOLATION SWITCH. ALL SERVICE WIRING WILL BE COMPLETED BY THE CITY OF LUBBOCK ELECTRICAL CONTRACTOR THE PRICE QUOTED SHALL INCLUDE INSTALLATION, START-UP PROCEDURES, AND FINAL INSPECTION. THE UNIT SHALL BE TESTED BY THE MANUFACTURER PRIOR TO DELIVERY AND RETESTED AFTER INSTALLATION HAS BEEN COMPLETED. NO. ITEM MINIMUM REQUIREMENTS SELLER COMPLIANCE YES NO 1. Engine Detroit Diesel, 12V92TA, Caterpillar 4312 DTTTA or approved equal with block heater and oil heater. 2. Generator Spectrum Model 600DS60, Caterpillar Model 3412, or approved equal Voltage - 120/208 Standby Amps - 2082 Phase - 3 Hz - 60 Standby kW/kVA - 600n50 Prime kW/kVA - 546/683 3. Emergency System Engine shall be equipped with the n Manufacturers Standard Emergency Shut -down system for low oil pressure and overheating. r 4. Radiator System Manufacturers standard high ambient water cooling system. k •� Attachment 1, Page 1 of 6 r-ITB #98143, Municipal Square Emergency Generator and Fuel Storage Tank Addendum #1 CITY OF LUBBOCK MINIMUM SPECIFICATIONS FOR EMERGENCY GENERATOR SPEC 970 NO. ITEM MINIMUM REQUIREMENTS SELLER COMPLIANCE YES NO 5. Battery Charger Manufacturers standard 24 volt float type with alarms. 6. Battery Heater Manufacturers Standard. 7. Exhaust Hospital Grade Mufflers extended 2 foot above the roof line of the building. The entire exhaust stack shall be double walled. The exhaust run shall be 56 feet from the generator to 2 feet above the roof. Turbocharger will not require insulation; however, the exhaust system inside the vault will require insulation. 8. Circuit Breaker Manufacturers standard Main Line. 9. Control Panel Manufacturers standard Automatic Start -Stop and remote enunciator panel. The enunciator panel shall be surfaced mounted on the north wall in the Building Services office located in the basement. (Approximately 125 feet from the generator.) The enunciator panel shall meet or exceed the requirements as stated in NFPA 99 and shall have the following warning features: Alarm Horn Alarm Silence Switch Lamp Test Switch High Engine Temperature (Shut down) Low Fuel Low Oil Pressure (Shut down) Emergency Stop Overspeed Battery Charger Fault Low Battery Voltage Auxiliary Fault Overcrank Line Power Generator Power System Ready Generator Switch Not In Auto Remote Start and Stop 10. Automatic Transfer Furnish and install automatic transfer & bypass - & Bypass -Isolation switches, 3, poles, automatic plant exerciser, and Switch overlapping neutral. Each system shall be the product of one manufacturer and shall consist of an automatic transfer switch and a two-way bypass/isolation switches. r• Attachment 1, Page 2 of 6 l f- ITB #98143, Municipal Square Emergency Generator and Fuel Storage Tank Addendum #1 CITY OF LUBBOCK MINIMUM SPECIFICATIONS FOR EMERGENCY GENERATOR SPEC 970 NO. ITEM MINIMUM REQUIREMENTS SELLER COMPLIANCE YES NO All ATSBPSs and control modules shall be the product of the same manufacturer. The system must be U. L. Listed for SERVICE ENTRANCE USE! The automatic transfer & bypass -isolation switches shall be ASCO 962 or approved equal and shall meet all applicable Codes and Standards. 11. Insulators Manufacturers standard insulators 12. Manuals 2 original sets of Operation and Maintenance Manuals must be provided and shall include the following information: Installation Instructions Maintenance Instructions Complete Asbuilt Drawings Component Instructions Spare Parts Information Parts Lists & Drawings 13. Training Operations training shall be provided as required to ensure the operators have a thorough knowledge of the operation and operator maintenance required for of the safe and efficient operations of the unit. 14. Labeling All devices and components shall be identified with a weatherproof, legible nameplate. 15. Service Manufacture shall maintain a competent service organization that is available on a 24 hour call basis. 16. Warranty Manufacturers Standard (Bidder shall provide a copy of the warranty with their quote). 17. Ground Pad A non-ferrous metal ground pad shall be mounted on diagonally opposite corners to provide a standard NEMA hole pattern suitable for attaching a two (2) hole grounding lug. 18. Wiring Control wiring shall be compatible with the maximum output of the generator. Solderless compression type connectors a Attachment 1, Page 3 of 6 i rI'ITB #98143, Municipal Square. Emergency dt5inerator and Fuel Storage Tank Addendum #1 CITY OF LUB13OCK MINIMUM SPECIFICATIONS r" FOR EMERGENCY GENERATOR SPEC 970 T NO. ITEM MINIMUM REQUIREMENTS SELLER COMPLIANCE YES NO shall be used for terminating all wires. Control wires shall be numbered on both ends with T&B HVM heat shrinkable, 8 legible, non -smudging, hot stamped markings at intervals not to exceed 2 1/2" or approved equal wire markers supplied next to the terminals with the number visible. These markers shall be completed with typed N permanent marks as indicated on the wiring diagram. Wiring shall not be spliced and shall be free from abrasions and tool marks. All wires shall be neatly laced up and harnessed and shall be supported to prevent sagging or breakage from weight or vibration. All wires shall be installed in a manner to ensure that there will be no rubbing or scraping of any wire bundle due to normal operations of the equipment. All terminations shall have a service loop to enable the repair of a wire end a minimum of three (3) times without the requirement to distort the wiring harness from its original state. 19. Fuses Fuses shall be mounted in locations where they are readily accessible. Pull out type fuses shall be provided for all primary circuits and shall be of the current limiting type. Three (3) spare fuses of each type shall be furnished with the equipment. 20. Performance The combined generator, rotor, exciter, PMA and voltage regulator shall operate together to provide the following performance: A constant stable generator output voltage within 0.5% of nominal rated voltage from a no load to full load at any power factor between 80% lagging and 95% leading with balanced loading. The generator output wave form deviation shall not exceed 10%. For breaker tripping coordination, the generator shall be capable of sustained short circuit current not less than 300% of the Attachment 1, Page 4 of 6 r ITB'#98143, Municipal Square Emergency Gonerator and Fuel Storage Tank. Addendum #1 7M CITY OF LUBBOCK MINIMUM SPECIFICATIONS FOR EMERGENCY GENERATOR SPEC 970 NO. ITEM MINIMUM REQUIREMENTS SELLER COMPLIANCE YES NO r generator armature fall load current for not less than 10 seconds. With the application of 1001/e load at rated r- power factor the voltage dip shall not exceed 15% with a recovery time rated steady state voltage not to exceed 2 seconds maximum With the removal of 100% load at rated 7 factor the voltage rise shall not exceed 20% and shall recover to rated steady state voltage within 2 seconds with no more than A•• one overshoot. L to L Harmonic content shall not be greater than 3% for any single harmonic and 5% total for all harmonics. The deviation factor shall not exceed 5%. F The maximum phase to phase voltage deviation shall not exceed 2% of rated voltage with 5% An overspeed of 25% above normal engine speed shall not result in mechanical damage to the generator. Telephone influence factor shall not exceed: Balanced TIF 250 Residual TIF 100 The generator, exciter and PMA shall have an efficiency of greater than 94% when measured at rated load and temperature at sea level. 21. Insulation The generator, exciter, rotor, and PMA installation shall be as a minimum NEMA Class F. The temperature rise shall be as specified in ANSI C50.12. The temperature rise shall be determined by the embedded detector method for the stator and by the resistance method for the field. 22. Voltage Regulator The voltage regulator shall be solid-state electronic unit that regulates the main generator voltage output automatically. The voltage regulator shall have plus/ minus 10% adjustment range capable of being controlled remotely by a motorized voltage adjustment system. The regulator shall be capable of maintaining a constant and stable generator output voltage as �- Attachment 1, Page 5 of 6 r ITB'06143, Municipal Square Emergency Generator and Fuel Storage Tank 6 Addendum #1 r CITY OF LUBBOCK MIMMUM SPECIFICATIONS FOR EMERGENCY GENERATOR SPEC 970 NO. ITEM MINIMUM REQUIREMENTS SELLER COMPLIANCE YES NO specified under performance. Neither a 5% variation in speed nor a ambient temperature change from 0 degrees r.. C to 65 degrees C shall affect the regulator's performance. 23. Overhead Door Contractor shall furnish and install a roll up r type overhead door on the north end of the transformer vault. The door shall be a Overhead Door Series 610 or approved equal r. with 22 gauge slats and angle guides. The door shall be centered in the north wall of the vault. The door shall have a bottom bar with key cylinder. 24. Existing Door/Framc Remove the existing door located on the north and reinstall the door on the southeast comer r of the vault. (approximately 11 inches from the comer.) 25. Ventilation The area above the overhead door shall be covered with 1/8" expanded metal and must be welded to a 1/4" X 2" angle iron frame. The area to be covered is approximately 16" tall X 126" wide. REV 7n/98 An adapter duct for the radiator shall be provided in the south end of the room and will be approximately 60" wide and 68" tall and shall be covered with 1/8" expanded metal and welded to a 1/4" X 2" angle iron frame. Note: The ventilation frame and radiator duct adapter frame shall be securely attached to the wall with bolts and anchors to provide for mazimum security of the room. r Attachment 1, Page 6 of 6 r CITY OF LUBBOCK INVITATION TO BID FOR TITLE: MUNICIPAL SQUARE EMERGENCY GENERATOR AND FUEL STORAGE TANK ADDRESS: LUBBOCK, TEXAS BID NUMBER: 98143 PROJECT NUMBER: 945.9315.9211.40000 CONTRACT PREPARED BY: PURCHASING DEPARTMENT 1. r 2. 3. 4. 5. 6. Iw 7. .. 8. 9. r 10. r i i INDEX NOTICE TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS BID SUBMITTAL — BID FOR LUMP SUM CONTRACTS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT GENERAL CONDITIONS OF THE AGREEMENT CURRENT WAGE DETERMINATIONS SPECIFICATIONS No Text r NOTICE TO BIDDERS BID #98143 Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until 4:00 aR o'clock P.m. on the 16th day of July, 1998, or as changed by the issuance of formal addenda to all planholders, to ifurnish all labor and materials and perform all work for the construction of the following described project: "MUNICIPAL SQUARE EMERGENCY GENERATOR AND FUEL STORAGE TANK" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing Manager and publicly read aloud. It is the sole responsibility of the bidder to insure that his bid is actually in the office of the Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written. f The City of Lubbock will consider the bids on the 13th day of August, 1998, 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 P' and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. !"Z Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior. 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 bid 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. There will be a pre -bid conference on 2nd day of July, at 11:00 o'clock a.m., in the Purchasing Conference Room L04, Lubbock, Texas e Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included J 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, pa, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the i 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 r. 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. P_ 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 City of Lubbock Human Relations Office at (806) 767- 2281 at least 48 hours in advance of the meeting. CI��QFK VICTOR KILM N PURCHASING MANAGER Bid documents may be obtained upon request from the Purchasing Department at 1625 13th Street, Room L-04, Lubbock, Texas 79401; Telephone (806)775-2167/Fax (806)775-2164. 7 !r , . .. ....... .,... ,.� I 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 MUNICIPAL SQUARE EMERGENCY GENERATOR AND FUEL STORAGE TANK. CONTRACT DOCUMENTS All work covered by this contract shall be done in accordance with contract documents described in the General Conditions. All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. 4. BIDDER INQUIRIES No bidder shall request any information verbally. All written requests for additional information or clarification concerning this bid must be addressed to: HELEN BURNS BUYER CITY OF LUBBOCK P.O. BOX 2000 LUBBOCK, TX 79457 FAX (806) 775-2164 5. TIME AND ORDER FOR COMPLETION The construction covered by the contract documents shall be fully completed within 90 (NINETY) 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. 6. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the r contract documents. 7. 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. 8. MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project. 9. 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). Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants the year 2000 calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. The obligations contained herein apply to products and services provided by the Contractor, its sub -contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City _ of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. The warranties contained herein are separate and discrete from any other warranties specified in this Contract, _ and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 10. 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. 11. 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 intended 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. 12. 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. 13. 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 Contractors expense. 14. 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 maybe necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 15. EXPLOSIVES The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. �'° Explosive materials shall not be stored or kept at the construction site by the Contractor. In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 16. 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. 17. 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 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 coverage's shall be submitted prior to contract execution. The insurance certificates furnished shall name the City as an additional insured, 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. It shall be the contractors responsibility to provide to the owner all proof of coverage insurance documents including workers compensation coverage for each subcontractor. 18. 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: (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. 4 T 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. 19. 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, swom, 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. 20. PROVISIONS CONCERNING ESCALATION CLAUSES Bids 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. 21. PREPARATION FOR BID The bidder shall submit his bid 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 intends 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 bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. Each bid 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) Bid for (description of the project). Bid submittals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 22. 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 Submittal. (d) Statutory Bond (if required). (e) Contract Agreement. (0 General Conditions. (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. 23. QUALIFICATIONS OF BIDDERS The bidder may.be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock in regard to the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: — 1. The ability, capacity, skill, and financial resources to perform the work or, provide the service required. 2. The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference: 3. The character, integrity, reputation, judgment, experience, and efficiency of the bidder. 4. The quality of performance of previous contracts or services. C No Text Q r BID SUBMITTAL LUMP SUM BID CONTRACT e i- PLACE: 1625 13th STREET DATE: SEPTEMBER 23, 1998 own f PROJECT NUMBER: n98143 - MUNICIPAL SQUARE EMERGENCY GENERATOR AND FUEL STORAGE TANK Bid of LUBBOCK BUILDING SERVICES, INC. (hereinafter called Bidder) r E To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) r Gentlemen: j ` The Bidder, in compliance with your invitation forbids for the construction of a MUNICIPAL SQUARE 7 EMERGENCY GENERATOR AND FUEL STORAGE TANK; #98143 having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time 7 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. BID ITEM #1 Furnish and install generator. MATERIALS: -If" /' ���v-.ud r �C - ��� r� (SVQJGo ) SERVICES: z EGG.. %��!✓ �, .-� d'N s' / (S TOTAL BID ITEM #1: < 4 6i � �/cys••�f -� l�.� cL ($ ��''� Sl/d } BID ITEM #2 Furnish and install switchgear. /� o MATERIALS:- �r��-t� ,��� . Tliw.•-� Sew-c.- %� � (S ��i %/d0 • � ) SERVICES: (6/ �---G-• (S ` ' 0 1, 0 1 - _ ) FTOTAL BID ITEM #2: .C4 !()v ATTACHMENT 3, PAGE 1 OF 4 �86D JT€M-#3� ..a'Fumish.aad.install fuel storage tank at Mgrn e ci^al S uar 9 N c . _ . ».T. MATERIALS: y�T� }-Cl c elc Gr (S 3GU G ) T C� rSERVICES:-�(S TOTAL BID ITEM #3:_ � "" `�-`� .. /074-.,, (S 12, , r BID ITEM #4 Furnish and install fuel storage tank at Lubbock International Airport. r MATERIALS: �`y Gc o- %/�—G C / oelvou - aC (S 3uU ) SERVICES: J ..& L-4-4 (S 3 Cfcz, ) TOTAL BID ITEM : 4: /'�e' "M aBID ITEM #5 Construct room at Municipal Square. MATERIALS • 4 04- 30r, SERVICES: �'uitw- �2.r s�.-�✓ oc.e- oL (S TOTAL BID ITEM TOTAL BID ITEMS 1-5: (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govem.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 90 (NINETY) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $500.00 (FIVE HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents. i Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 21 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. l The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days l after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. r . ATTACHMENT 3, PAGE 2 OF 4 r Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or «.__.�. ,certified_check issued by_a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amountnot iesslhan� hive percent (s% )-of,thetotal-amountof= the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within (ten) 10 days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of FIVE PERCENT Dollars ($ 5 ), Which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid 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 bid; 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. - J"� I t oriz Signature E Y SMITH * Printed or Typed Name) LUBBOCK BUILDING SERVICES, INC. Company P.O. BOX 65600-194 Address LUBBOCK LUBBOCK City, County TEXAS ,79464 State Zip Code Telephone:(806) _ 798-7005 Fax: ( 806 )-77T8-82 66 (Seal if Bidder is a Corporation) A ST: d ' cretary Bidder acknowledges receipt of the following addenda: Addenda No. 1 Date 7-8-98 7 Addenda No. 2 Date 7- 8- 9 8 Addenda No. 3 Date 8- 6- 9 8 ` Addenda No. 4 Date 8- 2 5- 9 8 Addenda No. 5 Date 9-2-96 rAddenda No. 6 Date 9-8-98 Addenda No. 7 Date 9-10-98 Addenda No. 8 Date 9-15-98 !' Addenda No. 9 Date 9-18-98 ATTACHMENT 3, PAGE 3 OF 4 r Voa�w INDEMNITY CORPORATION 4610 UNIVERSITY AVENUE, SUITE 1400, MADISON, WISCONSIN 53705-0900 PLEASE ADDRESS REPLY TO P.O. BOX 5900. MADISON. WI 53705-0900 PHONE (608) 231.4450 • FAX (608) 231-2029 POWER OF ATTORNEY No: Know ell men by these Presents, That the CAPITOL INDEMNITY CORPORATION. a corporation of the State of Wisconsin, having its principal offices in the City of Madison. Wisconsin, does make, constitute and appoint STACI"Y. GROSS, LAURA A. ESPINOZA, STEVE DEAL OR DONAL BOLEY----------- ` its true and lawful Attorrieyfs)-in-fact, to make, execute,.seal and deliver for and on its behalf, as surety, and as its act and deed, any and all bonds, undertakings and contracts of';suretyship, provided that no bond or undertaking or contract of rsuretyship executed under this authority shall exceed in amount the sum of " NOT TO EXCEED $4,000,000.00 ----------_--.-------------------- I This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held on the `5th day of May 1960: "RESOLVED, that the President, and Vice -President; the Secretary or. reasurer, acting individually or otherwise, be and they hereby are granted the. power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings, and other writings obligatory in the nature1hereof, one or more resident vice-presidents, assistant secretaries and attorney(s)-in-fact, each aopointee to have.' the powers and duties usual .to such offices to the business of this company; the signature of such officers and seal of the Comoan,y may be affixed to any such power of,.attorney:or to any certificate relating thereto. by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking or other writ rig obligatory in the nature thereof to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any of said officers. at any time." f IN WITNESS WHEREOF, the CAPITOL INDEMNITYCORPORATION has caused these presents to be signed by .its officer undersigned and its corporate seal to be hereto affixed duly attested by its Secretary, this 1st day of June, 1993. CAPITOL INDEMNITY` CORPORATION Attest: � ill•. � r ,C Virg'line M Schulte, Secretary �z CORPORATEjec)Fait, President ... �� SEAL z� � STATE OF WISCONSIN I5coos, hnrmnn� COUNTY OF DANE On the 1st day of June, A.D.; 1993, beforeme personally came George A Fait, to me known, who being by me duly sworn, did depose and sayy that he resides in the County;,of Dane, State of Wisconsin;' that he is the President of CAPITOL INDEMNITY CO. PQRATION, the corporation; described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal: that it was so affixed by order of the Board of Directors of said; corporation and that he signed his name thereto by like order. On[WISCo STATE OF WISCONSIN Ig PETER ; y is =w E. ti11�- COUNTY OF_ DANE y afArvs q4�Peter E. Hans: Notary Public, Dane Co., WI PuO`G�� My Commission is Permanent y'��innuamN��� CERTIFICATE I, the undersigned duly elected to the office stated below, now the incumbent in CAPITOL INDEMNITY CORPORATION, a.Wisconsin Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full .force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. Signed and sealed at the City of Madison. Dated the 23rd day of eptembEr 1998. \VP�1ONITYCo/u��� O �9 ilitZ CORPORATE SEAL Z Pauli. Bre6ledler, Treasurer r lip" % co"'. fill I This power is valid only if the power of attorney number printed in the upper right hand corner appears in red. Photocopies. carbon copies or 111 other reproductions are not binding -on the company. Inquiries concerning this power of attorney .may be directed to the Bond Manager at the Home Office of the Capitol indemnity:corporation. PAYMENT BOND r" Oft ..r r& OM BOND CHEk BEST RATIN tICENS I F I F r -fts #U0 and lawfl: :dd6 d pn e and ahi fidiq0tyship exeo' A. This Power Attest COU `e I INDEMNITY CORPORATION 4610 UNIVERSITY AVENUE, SUITE 1400, MADISON, WISCONSIN 53705-0900 PLEASE ADDRESS REPLY TO P.O. BOX 5900, MADISON, WI 53705-09M PHONE (608) 231.4450 - FAX (608) 231-2029 isgrantedand lardof Directo enj, and Vice-Presk if t by a Power of:� or more r voffices to the busi :X "A On the 1st diyofdonne , A .." -199 did depose :and taythat.h6.?v , CAPITOL INDEI ANITV tORPORATIO ' he knows the seiil of"Ahb, said borporati. :affixed by order of theBoard of Director; and I lned'and sealed by facsimilbunder and'by"the autl CAPITOL INDEMNITY.,PORPORATION at a mei A ie Secretary or Treasurer, adtingJndividUa':Ily or otherwise, be 'ar for -Ahe '. purposes only of executing .Arid. attesting rig bonds a6 it Vice-pre'sidents, assistant -secretaries . and atl&ney(s)-in-fact 5f this company; the signatUrebf.sudh officersand seal of the areto by facsimile, and arvy',.syo power 'of attorney or certific, 16 Company, and any such power so executed and certified b in the future with respect to any bond or undertaking or oth( iy be revoked, for cause, or Without cause, by any of: said office DEMNITY-CORPORAMON has cAu66d.Thesik heretoaffiked duly attested by: tts Se' IF a'ry'j d0lltot act he(eb I are granted I : mebersbrially came Gedege A Fait, to. M6"khown,�:iifijo"bet me duly County of Dane,, State of Wisconsin $:resident of 1 the that.. he 14:: -th t A $ro&Ation. described ih,and::,'which,::execUted h; boV0 instrument;` that the. seal afti)(ed to said instru"ment. is :'*:such corporate tbal,'Ihat it:W s so corporatlon..and that he signed his �name thereto :by.J.lk4:!br61 q .140v 1,11, eltmeder, Treasurer.. 4-� ears.in red. Ph6f ps, opi rbb copses o�: : ,;a_ . n-]:qoP Ql.,.� 6ire,c�t*ed to the B6hd lvlarf-�'adVat the , t4 CIINDEMNITY CORPORATION Madison, Wis. 53705-0900 (a stock company, organized under the laws of Wisconsin) PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: j That Lubbock Building Services, Tnc. II (Name and Address of the Contractor) 141f1 S_ SlidP Rd_, 1 uhhnrk,TY 79424 fas Principal, hereinafter called Contractor, and CAPITOL INDEMNITY CORPORATION as Surety, hcrcinaRcr called Surety, arc held and firmly bound unto City of Lubbock. Texas (Name and Address of the Owner) 1625 11th Street. Luhhork- TY 794ni as Obligec, hereinafter called Owner, in the amount of TWO HUNDRED SEVENTY SEVEN THOUSAND DOLLARS AND NO/100----- Dollars(s 277.000.00 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated October 8 1998 entered into a contract with Owner for Munici aD 1 Square Emergency Generator and Fuel Stnragp Tank in accordance with drawings and specifications prepared by (Full name of Architect) -- ----� which contract is by reference made a pan hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully per- form said contract, then this obligation shall be null and void; otherwise it shall remain in full force and ofrecl. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed . Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly (1) Complete the Contract in accordance with its terms and conditions, or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between suer bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract, or contract of completion arranged under this paragraph) surficicnt funds to pay the cost of completion less the balance of the contract price; but not cxcccdin4, including other costs and damages for which the surety may be liable hereunder, the amount act forth in the fast paragraph hereof. The term 'balance of the contract price', as used in this paragraph, shall mean die total amount payable by Owner to Conractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein of the heirs, executors, administrators or successors of the Owner. Signed and swlcdthis 15th dayof October A.D.19 98 4 Lubbock Building Services, InpEAL) Witness (SEAL) (Principal) V*WINDEMNITY CORPORATION 4810 UNIVERSITY'AVENUE, SUITE 1400, MADISON, WISCONSIN 53705.0900 • (608)231.4450 PLEASE ADDRESS REPLY TO P.O. BOX 5900, MADISON. WI 537OS-OM LABOR AND MATERIAL PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That Lubbock Building Services, Inc. (Name and address of the Contractor) 14302 S. Slide Rd., Lubbock, TX 79424 as Principal, hereinafter called Principal, and CAPITOL INDEMNITY CORPORATION as Surety, hereinafter called Surety, are held and finely bound unto City of Lubbock, Texas (Name and address of the Owner) 1625 13th Street, Lubbock, TX 79401 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of f TWO HUNDRED SEVENTY SEVEN THOUSAND DOLLARS AND NO/100----- Dollars($ 277enno-00 ), (Insert a sum equal to at least one-half of the contract price 'for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated bctnher R. 1 ggR entered into a contract with Owner for Municipal Square Emergency Generator and Fuel Storage Tank in accordance with drawings and specifigations prepared by I (Full name and address of Architect) Iwhich contract is by reference made a part hereof, and Is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the f Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the con- ditions outlined on the reverse side of this bond: Signed and sealed this 15th day of flrtnhPr A.D. 19 CIR (SEAL) Witness // (SEAL) (Principal) (Title) CAPITOL INDEMNITY CORPORATION, a Wiscons in Corporation, (Surety) Witness - By:fl,J c�l�i5/ (SEAL) j w'. L� f y. r . is I is PERFORMANCE BOND i BOMUCHFOK BEST RATING UCENS DATE u BY 1N111,'N1N1TY Cl)HN)ltNl' UN (a Stock Company, organized under the laws of Wisconsin) BID BOND KNOW ALL MEN BY THESE PRESENTS, That we, Lubbock Building Services, Inc. (hereinalter called the 'Principal'), as Principal, and the Capitol Indemnity Corporation of Madison. Wisconsin it corpora lion duty organized under the laws of the State of Wisconsin (hereinafter called the "Surety"), as Surety, are held and firmly bound unto City of Lubbock (hereinafter called the "Obligee"), in the sum of FIVE PERCENT OF AMOUNT BID BY PRINCIPAL------- Dollars ($ 5% of Bid ), for tho payment of which sum well and truly to be made, the said Principal and the said Surely, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Municipal Square Emergency Generator and Fuel Storage Tank NOW, THEREFORE, if the Obligoo shall accept the bid of Elio Principal and the Principal shall enter into a Contract with the Obligeo in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material lurni::hed in thu tiro :caution thereof, or in the event of the failure of the Principal to enter such Contract and Uive such bunil w hund::, if the Principal shall pay to the Obligee the difference not to exceed the penalty huruul helwecn the ,nnuunt specified in said bid and such larger amount for which the Obligee may in good faith cojitract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and affect. Signed and scaled this 23rd day of September A.D. 19 98 Lubbock Building Services, Inc. ISEAU Witness t ti� (SEAL) (Principal) (Title) CAPITOL INDEMNITY CORPORATION A Wis nsin Corporation, (Surety) Witness (SEAL) No Text r., F 7 d r f rl t A^ r r r - OCT 19 ' 98 11: 28AM BUTLER INSURANCE ,4CGrcuy IL,=K1 [r[L;A I r- Ur LI P. • 2 ;� (MhAlUD/1fY) i BItIT' ' INSURANCE' 10/15/199$ PRODUCER (606) 798-7979 FAX (806)798-7888 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION utl er-Carson Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4505 82nd St, Suite 10 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Lubbock, TX 794Z4 COMPANIES AFFORDING COVERAGE COMPANY Maryland Casu'laty Company Attn. ExL A INSURED Lubbock Building Services, Inc. COMPANY Maryland Insurance Company B P.O. Box 65600-194 _.. _..-. _._ ._.._ .._ ... _ Sierra InsurancE Co, Of Texas Lubbock, TX 79464 COMPANY C COMPANY D COVERAGF,S -- _ ___. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEO A$OVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO Twr; OF rNs~cE POLICY NUMBER LTR POLICY EFFECTIVE POLICY EXPIRATION i DATE IMMIDWY) I DATE (MWDONY) , LIMRS GENERAL LIABILITY I GENERAL AGGREGATE i S 1,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS • COMPIOP AOO S 1 00O 000 • CLAIMS MADE X OCCUA 1 A EPA32131667 PERSONAL d, ADY INJURY , ; 11000,000 09/03/1998 09/03/1999 - . ' CM*12rrs a CONTRACTORS PROT EACH OOCURRENCE IS 1,000,000 ,FIRE DAMAGE (Airy one Are} S 5001000 I MED ExP (Arty one person) ' S $ 000 ' AUTOMOBILE IIABILITY _ ANY AUTO i COMBINED SINGLE LIMIT $ $DO 000 r ALL OWNED AUTOS I BOI)iLYINJL47Y S SCHEOULEO AUTOS B wAA22761986 09/03/1998 : 09/03/1999 I (Per prison) -- •• X MAEDA= - BODILY INJURY S X NON -OWNED AUTOS (Perecwem) i - I PROPOM DAMAGE i S GARAGE LIARILay AUTO ONLY - EA ACCIDENT ' S ANY AUTO I OYNEFI THAN AUTO ONLY: I EACH ACCIDENT! S EKGESS LIABILITY 1:ACH OCCURRENCE I E ' tMI RELLA FORM AGGREGATE, is . OTHER THAN UMBRELLA FORV S WORKERS comPENu DON AND TORY LIMITS_, ER I ' EAPLOYER$'LIA61uTY C 31056068C I ELEACHACCIDENT � S SOO OQO 09/29/1999 09/29/3.999 ; ----- - - -- THEPROpRIeTOfu INCL PAR'TNERS/EAECUTIVE 1 • EL DISEASE - POUCYLIMI'T , $ $00,000 . _ OFFICERSARG; EXCL ( EL DISEASE -EA EMPLOYEE 1 $ 500,000 OTHER i ' I DESCRIPTION OF OPERATIONSaAXATION.afVEMCLESISPECIAL ITEMS DDITIONAL INSURED & WAIVER OF SUBROGATION ENDORSEMENTS IN FAVOR F THE CERTIFICATE HOLDER AS ON AUTO & GL. WORKERS COMP. ALSO INCLUDES A WAIVER OF SUBROGATION, CERTIFICATE__ H=ER _ Y ^ GANCE� CATION _.. __..__ .,. --- ., . , • .,,a, , SHOULD ANY OF THE ABOVE DESCRIBED POLICIF4 6E CANCELLED BEFORE THE EXPIRATION DATETHEREOF, THE ]ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRIrMN NOTICE TO THE CERTIFICATE HOLDER NAKED YO THE LEFT, City Of Lubbock BUT FAILURE TO MAIL SUCH E S 10 O®LIGATIO N OR LIABILITY P. 0. Box 20D0 DFANrR(NDUPONTH- MP AGP RREPRESENTATIVE& Lubbock, TX 79408 AUTHORIZEDWREV'ATI1Z John Carson¢'ACORO2s�* (tt95) ;._. Q5AGQR6;W PORATION 998" 10-19-98 11:20 RECEIVED FROM: P_02 10/13/1998 1E;49 8067988256 LUBBOCK BLDG SVCS PAGE 02 r CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT 0C To Be Completed by Appropriate Insurance Agent/Broker Prior to Award of Contract �... I, the undersigned Agent/Broker, certify that the insurance requirements contained in this bid docume it have been reviewed by me with the below identified Contractor. If the below identified Contractor is awardl,,d this contract by the City of Lubbock, I will be able to, within ten (10) days after being notified of such awar I by contractor, furnis;9 a valid insurance certificate to the City meeting all of the requirements defined in tt is bid/proposal t JOHN CARSON Age (Signature) Agent (Print) BUTLER-CARSON INSURANCE AGENCY Name of Agent/Broker: 4505 82ND STREET, SUITE 10, LUBBOCK, 1'X 79424 Address of Agent!Sroker; City/State/Zip:_ LUBBOCK TX 79424 i Agent/Broker Tel: phone Number; (806 798-7979 i Date: 10/14/98 CONTRACTOR'S NAME: LUBBOCK BUILDING SERVICES, INC. (Print or Type ) P. 0. Box 65600-194 CONTRACTOR'~ ADDRESS: 1 LUBBOCK, TX 79464 NOTE TO AGENTIBROKER a If this time requirement is not met, the City has the right to reject this bld/proposal and award he ` contract to another contractor. If you have any questions concerning these requirements, pie kse contact the Purchasing Manager for the City of Lubbock at (806)776-2165. BID #98143..- MUNICIPAL SQUARE EMERGENCY GENERATOR AND FUEL .STORAGE TANK wr 2 7 i r 7 r CONTRACTOR CHECKLIST A CONTRACTOR SHALL: (1) 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; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) 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; (4) obtain from each person providing services on a 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; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (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; (7) 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: 3 F" REQUIRED WORKERS' COMPENSATION COVERAGE r.., "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering I 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." i "Call the Texas Workers' Compensation Commission at (512)440- 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 j, (8) contractually require each person with whom it contracts to provide services on a project, to: ! (A) 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; i (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) 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; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) 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; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 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 (H) 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._ r- _. r - z O U i r STATE OF TEXAS COUNTY OF LUBBOCK CONTRACT r- THIS AGREEMENT, made and entered into this October 8. 1998, by and between the City of Lubbock, County of 7 Lubbock, State of Texas, acting by and through Windy Sitton, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Lubbock Building Services, Inc. of the City of Lubbock, County of Lubbock, and the State of Texas hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID # 98143 - MUNICIPAL SQUARE EMERGENCY GENERATOR AND FUEL STORAGE TANK - $277,000.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid 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, r" Texas in the year and day first above written. r.. A AS TO CONTENT: Representative APPROVED AS TO FORM: City Attorney ATTEST: �^ Corporate Secretary rM CITY OF LUBBOCK, TEXAS (-OWNER) By: &AI.J., Vi I .l lr-� MAYOR CONTRACTOR: LEINTD ILDING SERVICES, INC. PE: Email y TITLE: A f��__ COMPLETE ADDRESS: Lubbock Building Services, Inc. P.O. Box 65600-194 Lubbock,Texas 79464 No Text PWR GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word Owner, 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 Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit LUBBOCK BUILDING SERVICES, INC. who has agreed to perform the work embraced in this contract, or their legal representative. 3. . OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative KEN OLSON, EMERGENCY MANAGEMENT COORDINATOR, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, 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 inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents". 5. INTERPRETATION OF PHRASES r•• 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," r' "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 the party who gives the notice. 8. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. " SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and Contractor 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 or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems said lines and grades are 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 its work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 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 has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. 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 the contract documents, and 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 decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 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 C` 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 r„ instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications i provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's C Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 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 its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's 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 itself 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 affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all r- modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. r- i Unless otherwise specified herein, all loss, expense or damage to 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 work, shall be sustained and borne by the Contractor at its own cost and expense. 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 Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, 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 consent or 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 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 such 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 such 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 Representative has previously accepted the work through oversight or otherwise. If any such 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. If any such 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 approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. low PW 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 the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly 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 Owner's Representative as unsuitable or not in conformity with plans, specifications and/or 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 the contract documents. 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 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 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 bid, 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 lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. l In the event said extra work be performed and paid for under Method (C)(1), 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, r" timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for j 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 r• 5 Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its 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 Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, 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)(1). If Contractor does not notify Owner's Representative prior to the commencement any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the bid, 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. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative prior to bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar 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 its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. R 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' 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, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its 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 its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S 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) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in i conformity with the provisions hereof shall establish such waiver.. r" The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance r 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 r 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. The insurance certificates furnished shall name the City as an additional Insured, 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. It shall be the contractors responsibility to provide to the owner all proof of coverage Insurance documents Including workers compensation coverage for each subcontractor. A. 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: r" Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury Advertising Injury B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. 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, $500,000 Combined Single Limit, to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance/installation Floater Insurance The Contractor shall obtain a Builder's Risk policy in the amount of 100% of the total contract price (100% of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance The Contractor shall have Umbrella Liability Insurance in the amount of JQ.00 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. Worker's Compensation and Employers Liability Insurance Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000. 1. Definitions: .� Certificate of coverage ("certificate") A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81; TWCC-82, TWCC- — 83, or TWCC-84), showing statutory workers' compensation insurance coverage for the 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 ("subcontractors' in Section 406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has 8 i 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. 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. 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, 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: (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 1 * 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; (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 (a) - (g), 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 worker'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. - 10 i (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (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 Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text 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: 11 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 or 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 of the legal requirements 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; (iii) include in all contracts to provide services on the project the following language: "By signing this contract or providing or causing to be r provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' :- compensation coverage for the duration of the project, that the coverage will be based on proper reprinting 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."; (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; 12 r (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 (i)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. ,... 29. DISABLED EMPLOYEES Contractors having more than fifteen (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 privileges of employment. r°30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN, AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter 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 r (5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, in addition to any statutory retainage rights it may have, 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. 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. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its officers, agents and employees 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, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. r.. 13 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 affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor 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. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its 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 its full obligations to the Owner, as provided by the contract documents. 34. TIME FOR SUBSTANTIAL 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 documents, 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 as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, 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 $500.00 (FIVE HUNDRED DOLLARS) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range 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 the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT, 14 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 its 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 bid; provided, also, that when the Owner is having other work done, either by contract or by its 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 intends 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. TIME OF PERFORMANCE The Contractor agrees that it has submitted its bid 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 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its 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. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS rIn executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. 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 sole judgment of the Owners 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 r 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, and only when same are expressly stated to be estimates, 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 bids offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, 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 r i 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. 15 t ate1 aelt*441Eel I,to] guleme]I'IIi•Lelia 3e]»:4Vj 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 Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 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 bid 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 Contractor 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, Owner's agents and employees, 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 or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, 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. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. 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 the contract documents. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. 16 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion 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 contract documents and/or any warranty or warranties implied by law or otherwise. i 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor doers 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. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor 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 certification of final completion by Owner's Representative. 46. PAYMENT WITHHELD E The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed. (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, in the amount withheld, payment shall be made for amounts withheld because of them. r 17 47. CLAIM OR DISPUTE 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) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, 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. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its 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. Should the cost to complete any such new contract prove to be less than that which 18 ii would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 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, if applicable, 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 certification 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, if applicable, 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, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains an machine equipment, tools, materials or supplies on the site of i 9 Y machinery,PP i the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, 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, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the ?Ilk 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, if applicable. 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, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 50. BONDS The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Govemment Code, in the amount of 100% of the total contract price in the event that said contract price exceeds .� $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Govemment Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. 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. It is further agreed that this contract shall not be in effect until such bonds are so furnished. .•. r•, 19 51. 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. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense 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 or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and bome by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its 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 Contractor's 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. 54. 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 Contractor shall remove all such debris and also its 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. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 20 No Text Resolution No. 5121 March 14, 1996 Item #19 I. 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 i works contracts for the City of Lubbock in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and I' WHEREAS, such wage rates were established by Resolution No. 719 enacted February i 112, 1981, updated by Resolution No. 1590 enacted February 23, 1984, and further updated by Resolution No. 2502 enacted January 8. 1987; 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 i 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 Exhibit C. Overtime Rate Exhibit D: 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. i r i , 1' I , Passed by the City Council this 14th d ATTEST: J Betty M. Jdhnson, City Secretary APPROVED AS TO CONTENT: Mary And ws, Managing Director of Human Resources APPROVED AS TO FORM: afold Willard,'Assistant City Attorney H W :da/ccdocs/pubworks. res February 14. 1996 rch , 1996. YOR I r r� EXHIBIT A i ` City of Lubbock Building Construction Trades ,., Prevailing Rates ,.. Craft Hourly Rate Acoustical Ceiling Installer 10.00 Air Conditioner Installer 11.00 Air Conditioner Installer -Helper 5.50 Asbestos Worker 8.00 r- Asbestos Supervisor 11.00 Bricklayer 11.00 Bricklayer -Helper 6.00 i Carpenter 11.00 Carpenter -Helper 6.00 Cement Finisher 7.50 Drywall Hanger 10.00 Electrician 13.00 �- Electrician -Helper 6.00 Equipment Operator -Heavy 8.50 Equipment Operator -Light 7.50 Floor Installer 8.50 i Glazier 8.00 Insulator-Piping/Boiler 9.00 Insulator -Helper 5.50 Iron Worker 8.00 Laborer-General 5.50 Mortar Mixer 5.50 Painter 9.50 �- Plumber 10.50 Plumber -Helper 6.00 Roofer 8.00 Roofer -Helper 5.50 Sheet Metal Worker 8.75 Sheet Metal Worker -Helper 5.50 Welder -Certified 10.00 a EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Cafe 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 Machine Front End Loader Heavy Equipment Operator Light Equipment Operator Motor Grader Operator Roller Scraper Tractor Truck Driver -Light Truck Driver -Heavy PINK Hourly Rate 6.00 5.50 7.35 5.75 10.50 5.50 6.50 5.50 5.50 6.25 7.25 5.50 7.00 7.00 7.00 6.50 7.00 6.50 8.50 6.00 6.50 6.50 6.00 6.50 EXHIBIT C Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) is 1 1/2 times base rate. 4:11 Prevailing Wage Rates Weekend and Holiday Rate The rate for weekend and holiday is 1 1/2 times base rate. No Text CITY OF LUBBOCK MINIMUM SPECIFICATIONS FOR EMERGENCY GENERATOR SPEC 970 MAKE MODEL IT IS THE INTENT OF THESE SPECIFICATIONS TO DESCRIBE A DIESEL POWERED EMERGENCY GENERATOR THAT WILL PROVIDE EMERGENCY POWER FOR THE CITY'S MUNICIPAL SQUARE COMPLEX. SPECIFIC AREAS INCLUDED ARE: COMMUNICATIONS CENTER, EMERGENCY OPERATIONS CENTER, INFORMATION TECHNOLOGY, MUNICIPAL COURT, AND POLICE DEPARTMENT. THE GENERATOR WILL BE HOUSED IN THE ENCLOSED AREA CURRENTLY BEING USED AS A TRANSFORMER VAULT. THE UNIT WILL BE EQUIPPED WITH A ONE DAY BELLY MOUNTED DAY FUEL TANK THAT WILL NURSE FROM A 1,000 GAL ABOVE GROUND CONCRETE TANK LOCATED ON THE WEST SIDE OF THE BUILDING. THE SPECIFICATIONS ARE BASED ON A 60ODS60 SPECTRUM, 3412 DITTA CATERPILLAR OR APPROVED EQUAL. ALL COMPONENTS AND SERVICES SPECIFIED AND REQUIRED FOR A COMPLETE OPERABLE SYSTEM SHALL BE INCLUDED WITH THE UNIT. IN ADDITION, THE UNIT QUOTED MUST MEET OR EXCEED NEMA, IEEE, AND ANSI STANDARDS FOR TEMPERATURE RISE AND PASS ALL TESTS PERFORMED IN ACCORDANCE WITH MIL - STD 705B. NOTE: ALL SERVICE WIRING WILL BE COMPLETED BY THE CITY OF LUBBOCK ELECTRICAL CONTRACTOR THE PRICE QUOTED SHALL INCLUDE INSTALLATION AND START-UP PROCEDURES AND FINAL INSPECTION. THE UNIT SHALL BE TESTED BY THE MANUFACTURER PRIOR TO DELIVERY AND RETESTED AFTER INSTALLATION HAS BEEN COMPLETED. NO. ITEM MINIMUM REQUIREMENTS SELLER COMPLIANCE YES NO Engine Detroit Diesel, 12V92TA, Caterpillar 4312 DITTA or approved equal with block heater and oil heater Generator Spectrum Model 600DS60, Caterpillar Model 3412, or approved equal Voltage - 120/208 Standby Amps - 2082 Phase - 3 Hz - 60 Standby kW/kVA - 600/750 Prime kW/kVA - 546/683 3. Emergency System Engine shall be equipped with the Manufacturers Standard Emergency Shut -down system for low oil pressure and overheating 4. Radiator System Manufacturers standard high ambient water cooling system Battery Charger Manufacturers standard 24 volt float type with alarms CITY OF LUBBOCK MINIMUM SPECIFICATIONS FOR EMERGENCY GENERATOR SPEC 970 NO. ITEM MINIMUM REQUIREMENTS SELLER COMPLIANCE YES NO 6. Battery Heater Manufacturers Standard 7. Exhaust Hospital Grade Mufflers extended 2 foot above the roof line of the building. The entire exhaust stack shall be double walled. The exhaust run shall be 56 feet from the generator to 2 feet above the roof. 8. Circuit Breaker Manufacturers standard Main Line 9. Control Panel Manufacturers standard Automatic Start -Stop with remote enunciator panel 10. Automatic Transfer Furnish and install automatic transfer & bypass & Bypass -Isolation switches, 3, poles, automatic plant exercisor, and Switch overlapping neutral. Each system shall be the product of one manufacturer and shall consist of an automatic automatic transfer switch and a two-way bypass/ isolation switches. All ATS/BPSs and control modules shall be be the product of the same manufacturer. The system must be U. L. Listed for SERVICE ENTRANCE USE! The automatic transfer & bypass -isolation switches shall be ASCO 962 or approved equal and shall meet all applicable Codes and Standards. 11. Insulators Manufacturers standard spring type vibration insulators 12. Manuals 2 Sets of Operation and Maintenance Manuals shall be provided and shall include the following information Installation Instructions Maintenance Instructions Complete Asbuilt Drawings Component Instructions Spare Parts Information 13. Training Operations training shall be provided as required to ensure the operators have a thorough knowledge of the operation and operator maintenance required for of the safe and efficient operations of the unit 2 r CITY OF LUBBOCK MINIMUM SPECIFICATIONS r- FOR EMERGENCY GENERATOR SPEC 970 NO. ITEM MINIMUM REQUIREMENTS SELLER COMPLIANCE YES NO 14. Labeling All devices and components shall be identified with a weatherproof legible nameplate 15. Service Manufacture shall maintain a competent service organization that is available on a 24 hour call basis 16. Warranty Manufacturers Standard (Bidder shall provide a copy of the warranty with their quote) 17. Ground Pad A non-ferrous metal ground pad shall be mounted on diagonally opposite corners t to provide a standard NEMA hole pattern suitable for attaching a two (2) hole grounding lug 18. Wiring Control wiring shall be compatible with the maximum output of the generator. Solderless compression type connectors shall be used for terminating all wires. Control wires shall be numbered on both r- ends with T&B HVM heat shrinkable, 8 legible, non -smudging, hot stamped markings at intervals not to exceed 2 1/2" or approved equal wire markers supplied next to the terminals with the number visible. These markers shall be completed with typed N permanent marks as indicated on the wiring diagram. Wiring shall not be spliced and shall be free from abrasions and tool marks. All wires shall be neatly laced up and harnessed and shall be supported to prevent sagging or breakage from weight or vibration. All wires shall be r` installed in a manner to ensure that there will be no rubbing or scraping of any wire bundle due to normal operations of the r^ equipment. All terminations shall have a service loop to enable the repair of a wire end a minimum of three (3) times without the requirement to distort the 1 wiring harness from its original state. r- 3 a P" r� CITY OF LUBBOCK MINIMUM SPECIFICATIONS �^- FOR EMERGENCY GENERATOR SPEC 970 NO. ITEM MINIMUM REQUIREMENTS SELLER COMPLIANCE YES NO 19. Fuses Fuses shall be mounted in locations where they are readily accessible. Pull out type fuses shall be provided for all primary circuits and shall be of the current limiting type. Three (3) spare fuses of each type shall be furnished with the equipment. r 20. Performance The combined generator, rotor, exciter, PMA and voltage regulator shall operate together to provide the following performance: A constant stable generator output voltage within 0.5% of nominal rated voltage from r` a no load to full load at any power factor between 80% lagging and 95% leading with balanced loading. The generator output �.. wave form deviation shall not exceed 10%. For breaker tripping coordination, the generator shall be capable of sustained short circuit current not less than 300% of the generator armature full load current for not less than 10 seconds. With the application of 100% load at rated r power factor the voltage dip shall not exceed 15% with a recovery time rated steady state voltage not to exceed 2 seconds maximum. With the removal of 100% load at rated factor the voltage rise shall not exceed 20% and shall recover to rated steady state voltage within 2 seconds with no more than one overshoot. L to L Harmonic content shall not be greater than 3% for any single harmonic and 5% r-. total for all harmonics. The deviation factor shall not exceed 5%. The maximum phase to phase voltage deviation shall not exceed 2% of rated voltage with 5% r► An overspeed of 25% above normal engine speed shall not result in mechanical damage to the generator. r^ Telephone influence factor shall not exceed: Balanced TIF 250 Residual TIF 100 r� CITY OF LUBBOCK MINIMUM SPECIFICATIONS FOR EMERGENCY GENERATOR SPEC 970 NO. ITEM MINIMUM REQUIREMENTS SELLER COMPLIANCE YES NO The generator, exciter and PMA shall have an efficiency of greater than 94% when measured at rated load and temperature at sea level. 21. Insulation The generator, exciter, rotor, and PMA installation shall be as a minimum NEMA r.. Class F. The temperature rise shall be as specified in ANSI C50.12. The temperature rise shall be determined by the embedded detector method for the stator and by the r resistance method for the field. 22. Voltage Regulator The voltage regulator shall be solid-state !� electronic unit that regulates the main generator voltage output automatically. The voltage regulator shall have plus/ minus 10% adjustment range capable of being controlled remotely by a motorized voltage adjustment system. The regulator shall be capable of maintaining a constant and stable generator output voltage as specified under performance. Neither a 5% variation in speed nor a ambient temperature change from 0 degrees C to 65 degrees C shall affect the regulator's performance. REV 6/19/99 r., 5 r r� CITY OF LUBBOCK MINIMUM SPECIFICATIONS FOR a 1,000 GALLON ABOVEGROUND CONCRETE ENCASED FUEL STORAGE TANK FOR MUNICIPAL SQUARE IT IS THE INTENT OF THESE SPECIFICATIONS TO DESCRIBE A 1,000 GALLON CONCRETE ENCASED ABOVE- GROUND STEEL TANK, CONVALT OR APPROVED EQUAL. THE TANK WILL BE LOCATED AT THE MUNICIPAL SQUARE BUILDING, 916 TEXAS AVENUE. ALL SERVICES SPECIFIED AND REQUIRED FOR A COMPLETE OPERABLE SYSTEM SHALL BE INCLUDED WITH THE UNIT. IN ADDITION, THE CONTRACTOR SHALL �.. COMPLY WITH STANDARDS SET FORTH BY THE NATIONAL FIRE PROTECTION ASSOCIATION, THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, THE ENVIRONMENTAL PROTECTION AGENCY, NATIONAL ELECTRIC CODE, TEXAS NATURAL RESOURCE CONSERVATION COMMISSION, CITY OF LUBBOCK BUILDING CODES, AND LOCAL FIRE DEPARTMENT RULES AND REGULATIONS. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO OBTAIN ALL APPLICABLE PERMITS AND INSTALLATION APPROVALS PRIOR TO BEGINNING CONSTRUCTION. THE PRICE QUOTED SHALL INCLUDE INSTALLATION, START-UP PROCEDURES, AND FINAL INSPECTION. THE UNIT SHALL BE TESTED BY THE MANUFACTURER PRIOR TO DELIVERY AND RETESTED AFTER INSTALLATION HAS BEEN COMPLETED. NO. ITEM MINIMUM REQUIREMENTS SELLER COMPLIANCE YES NO 1. Aboveground tank Provide a concrete encased steel fuel tank that will be used for the purpose of storing diesel fuel for an emergency generator. The tank shall be factory fabricated, factory cast, and factory tested. The tank shall be contained in a concrete vault that rests 4" above the ground on a concrete slab. The tank assembly shall be U. L. listed in accordance with U. L. Subject 2985, Protected Type. The tank shall be a Convalt/Dalworth or approved equal. 2. Steel Tank The steel tank shall contain the following manufacturers standard elements: A. Meet all applicable U. L. Standards B. Steel skin - 3/16" thick ASTM A-36 C. Coated threaded openings D. Rectangular in shape with continuous welds on all sides and bottom plate E. Pressure tested at 5 psi for 24 hours F. Coated with rust resistant primer G. Covered with 1/4 inch thick insulating spacer panels of polystyrene or approved equal. (Product must melt upon contact with leaking petroleum products) .M CITY OF LUBBOCK MINIMUM SPECIFICATIONS FOR 1,000 GALLON ABOVEGROUND CONCRETE ENCASED FUEL STORAGE TANK FOR MUNICIPAL SQUARE NO. ITEM MINIMUM REQUIREMENTS SELLER COMPLIANCE YES NO H. Coated 4" threaded fill nipple with 7 gallon lockable internal overfill containment, secondary containment detector tube, 4" threaded connection nipple, 3 each 2" threaded connection nipples, and .. 1 each 6" threaded emergency vent nipple 3. Secondary containment Shall consist of a 30 mil. polygeothermal membrane r enclosing the polystyrene spacer panels in a continuous manner above the liquid level. 4. Concrete vault The concrete vault ihall consist of the following manufacturers standard elements: A. Shall consist of 6 inches of 3,000 PSI reinforced concrete r.., B. Be structurally designed to properly support the tank when filled and a 1001b./sq. ft. top slab live load C. Shall be a monolithic pour with no cold joints, heat sinks, or metallic penetrations on bottom and sides D. Meet all applicable U. L. Standards E. Must have the capability of physical monitoring between primary and secondary containment F. Must be in compliance with applicable ACI and AASHTO Standards. G. Reinforcing steel shall comply with ASTM A615 grade 60 or ASTM A706 grade requirements H. Shall be precast and prefmished with EXPOSED AGGREGATE FINISH utilizing two coats of r" clear fuel resistant coatings. 5. Dimensions Manufacturers standard for 1,000 tank r.. Width - 5'8" Length - I I' Height - 4'4" r Weight - (Approx.) 18,000 lb. 6. Overfill containment Manufacturers standard 7 gallon 7. Tank gauging Provide appropriate gauge sticks with calibration charts r— 8. Installation Shall be completed as recommended by the manufacturer and as approved by the owner's I representative. r 2 CITY OF LUBBOCK MINIMUM SPECIFICATIONS FOR 1,000 GALLON ABOVEGROUND CONCRETE ENCASED FUEL STORAGE TANK FOR MUNICIPAL SQUARE NO. ITEM MINIMUM REQUIREMENTS SELLER COMPLIANCE YES NO Electrical service, fuel piping, and pump unit shall be installed in accordance with manufacturers standard specifications as well as all NEC, NFPA, local Building Codes, and Fire Department requirements. Electrical service to the tank location will be furnished by the City of Lubbock. The concrete foundation slab shall be constructed to the following deminsons: Slab Weight - 12,000 Length - 11'6" Width - 616" Thickness - 6" Vehicle protection barriers shall be installed as per the manufactures standard design, using 6" filled pipe barriers located on 48"centers on the two sides exposed to traffic. 9. Supply line A 1" supply line shall be installed above ground from the tank location and connected to the day tank of the generator. The tank will be located 10' from the generator. 10. Testing Testing shall be completed in accordance with all applicable standards. Manufacturer shall provide a written 30 year warranty with the tank provided e. FUELTNK2 Rev - 6/19/98 Bond # 741647 VONWINDEMNITY CORPORATION 4610 UNIVERSITY' AVENUE, SUITE 1400, MADISON. WISCONSIN 53705.0900 • (608)231.4450 PLEASE ADDRESS REPLY TO P.O. BOX 5900, MADISON. WI 53705-0900 LABOR AND MATERIAL PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That Lubbock Building Services, I'nc. _ (Name and address of the Contractor) 14302 S. Slide Rd., Lubbock, TX 79424 as Principal, hereinafter called Principal, and CAPITOL INDEMNITY CORPORATION as Surety, hereinafter called Surety, are held and firmly bound unto City of Lubbock, Texas (Name and address of the Owner) 1625 13th Street, Lubbock, TX 79401 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of TWO HUNDRED SEVENTY SEVEN THOUSAND DOLLARS AND NO/100---- Dollars ($ ZZLf)00_f)0 ), (Insert a sum equal to at least one-half of the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated O:'tnhPr 8, 1 99R entered into a contract with Owner for Municipal Square Emergency Generator and Fuel Storage Tans _ in accordance with drawings and specifications prepared by (Full name and address of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the con- ditions outlined on the reverse side of this bond: Signed and sealed this 15th day of O.^_tnher A.D. 19 48 l-uhhnck Building Services, Tom; . _ (SEAL) Witness (SEAL) (Principal) (Title) CAPITOL INDEMNITY CORPORATION, a Wisconsin Corporation, (Surety) / CR Witness gy (SEAL) S dci - a" (Title) CIC-C-418-BD(2/90) Bond # 741647 0 INDEMNITY CORPORATION 1 Madison, Wis. 53705-0900 (a stock company, organized under the laws of Wisconsin) PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS. - That Lubbock Building (Name and Address of the Contractor) as Principal, hereinafter called Contractor, and CAPITOL INDEMNITY CORPORATION as Surety, hcrcinaRcr called Surety, are held and firmly bound unto City -of -Lubbock, Texas (Name and Address of the Owner) as Obligee, hereinafter called Owner, in the amount of Two HUNDRED SEVENTY SEVEN THOUSAND DOLLARS AND NO/100----- Dollars($ 277,000.00 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated _ October 8, 1998 entered into a contract with Owner for Municipal Square Emergencyand in accordance with drawings and specifications prepared by (Full name of Architect) which contract is by reference made a part hcrcof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully per- form said contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly (1) Complete the Contract in accordance with its terms and conditions, or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract, or contract of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not execcding, including other costs and damages for which the surcty may be liable hereunder, the amount set forth in the first paragraph hcrcof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by Owner to Conractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein of the heirs, executors, administrators or successors of the Owner. Signed and scaled this 15th day of October Witness C ,C-i I Witness J)��a CIC-C-419-BD(5189) A.D. 19 98 Lubbock Building Services, In�EAL) (SEAL) (Principal) ... _ (SEAL) (Title) CAPITOL INDEMNIFY CORPORATION a cousin Corpo/r,,�tion, (Surety) C By. (SEAL) Staci Gross _.Attorney- i n-Fact (Title) Build I! 'ULu'°lU C') INli1.,1ti/)NI'I'y C,[)I ll()Ill INI'I(11\1 (a Stock Company, organized under the laws of Wisconsin) :rr:ri r KNOW ALL MEN BY THESE PRESENTS, That we, Lubbock Building Services, Inc. (hcrcinaflcr called tho "Principal"), as Principal, and the Capitol Indemnity Corporation of Madison, Wi;;Cor1sin a corporations dU1y organized under tho laws of the State of Wisconsin (hereinafter called the "Surety"), as Surety, are field and firrnly bound unto City of Lubbock (hereinafter called the "Obligee"), in the sum of FIVE PERCENT OF AMOUNT BID BY PRINCIPAL------- Dollars ($ 5% of aid ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Municipal Square Emergency Generator and Fuel Storage Tank NOW, THEREFORE, if the Obligoo shall accept the bid of tho Principal and the Principal shall enter into a Contract with the Obligoo in accordance with the terms of such bid, and Give such bond or brands :a:; may be specified in the bidding or Contract documents with good and sufficient surety for the laithful performance of such Contract and for the prompt payrnenl of labor and matulial fill lll ;)10d ill Ill(: trror.ccutinn thereof, or in the event of the failure of the Principal to enter such Contract Laid rlivc ,.uL:li bumf err Irur,rk, if the Principal shall pay to the Obiigec the difference not to exceed the punalty 1wicol butwucll tlru olmmnt specified in said bid and such larger amount for which the Obligee may in good faith c:ontrk-lct with anuthcr party to perform the Work covered by said bid, then this obligation shall be null and void, OthcrwiIA., to remain in full force and effect. Signed and scaled this 23rd day of September A.D. 10 98 Witness Witness (CIC-C-4 zz-1J o-talau) Lub ock Building Services, Inc 4 - CAPITOL INDEMNITY CORPORATION A Wis onsin Corporation, (Surety} ('JEA -) (SEAL) (Principal) (Title) Staci Gross Attorney -in -Fact (Title) 1: � Ic! -! = Cc k! I J ELT TO EX 15T, CO, Q P U IT 4T T;.41� Ff:;1QT L..1 i MUJIcIFAL J. WAYNE H 37782 E E L ,4, L I F��'t o- A OF 'IN I Ll r J. WAYNE r--. � t7j, 37762 Foo V7