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HomeMy WebLinkAboutResolution - 2007-R0093 - Contract - L. Howard Constrution - Particle Counters At Water Treatment Plant - 03_05_2007I_W Resolution No. 2007-R0093 March 5, 2007 item No. 5.13 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor of the City of Lubbock to execute a Contract by and between the City of Lubbock and L. Howard Construction, Inc., of Abernathy, Texas, for replacement of particle counters at the Water treatment Plant, RFP 07-704-DD, which Contract and any associated documents, are attached hereto and made a part of this Resolution for all intents and purposes. Passed by the City Council this 5th day of ATTEST: 4R Z,,,, Rebe ca Garza, City Secretary March , 2007. DAVID A. MILLER, MAYOR APPROVED,itUO CONTENT: T omas L. Adams, Deputy City Manager/Water Utilities Director APPROVED AS �O FORM: Don Vandiver,, Attorng7-of Counsel DDres/HowardConstruction07ConRes February 22, 2007 No Text RFP# 07-704-DD, Addendum # 1 City of Lubbock PUBLIC WORKS CONTRACTING OFFICE SUITE 102, MUNICIPAL BUILDING 1625 13TH STREET LUBBOCK, TEXAS 79401 PH: (806)775-2168 FAX: (806)775-3326 http://pui-chasing.ci.lubbock.tx.us DATE ISSUED: OLD CLOSE DATE: NEW CLOSE DATE: ADDENDUM # 1 RFP # 07-704-DD REPLACE PARTICLE COUNTERS AT WATER TREATMENT PLANT January 29, 2007 January 30, 2007 @ 2:00 PM February 13, 2007 @ 2:00 PM The following items take precedence over specifications for the above named Request for Proposals (RFP). Where any item called for in the RFP documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Due date and time are CHANGED from January 30, 2007 at 2:00 P.M. to February 13, 2007 at 2:00 P.M. All requests for additional information or clarification must be submitted in writing and directed to: Darlene Doss, Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806)775-3326 or Email to ddossLmylubbock.us. THANK YOU, CITY OF LUBBOCK Val&" DO" Darlene Doss Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the offeror's responsibility to advise the City of Lubbock Public Works Contracting Officer if any laneuage, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the Public Works Contracting Officer no later than five (5) business days prior to the bid close date. A review of such notifications will be made. RFP# 07-704-DDadI RFP# 07-704-DD, Addendum # 2 City of Lubbock PUBLIC WORKS CONTRACTING OFFICE SUITE 102, MUNICIPAL BUILDING 1625 13T" STREET LUBBOCK, TEXAS 79401 PH: (806)775-2168 FAX: (806)775-3326 http://purchasing.ci.lubbock.tx.us ADDENDUM # 2 RFP # 07-704-DD REPLACE PARTICLE COUNTERS AT WATER TREATMENT PLANT DATE ISSUED: February 6, 2007 CLOSE DATE: February 13, 2000 a 2:00 PM The following items take precedence over specifications for the above named Request for Proposals (RFP). Where any item called for in the RFP documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Specifications, the grab sampling instrument is deleted from this project and must not be included in the proposal cost. 2. The following is added to the Specifications: The City _ of Lubbock currently has a contract #5908 with Wunderlich-Malec to replace the existing = Supervisory Control and Data Acquisition (hereafter referred to as SCADA) system. As Wunderlich - Malec is near completion of this project, they have agreed to perform necessary work to further develop pages for the SCADA system, including alarms, historical trending, as well as integrate the raw data from the particle counters into the SCADA system. Wunderlich-Malec will be compensated for this work by the City of Lubbock. The successful offeror for the Particle Counter project shall coordinate their installation activities with Wunderlich-Malec, as related to providing the OPC server software that was outlined in Section 2.3 (L) of the particle counter specifications. The provider of the particle counters will provide the OPC server software to Wunderlich-Malec for installation on the SCADA computer. During installation of the particle counters, the installer shall coordinate with Wunderlich Malec and provide any information that may be necessary in order to ensure the data from the particle counters is transmitted to SCADA properly. The existing particle counters are currently connected to SCADA via a RS-485 network. The installer for the particle counters will need to reconnect all existing power and RS-485 network cables to the new units during installation for data transmission to SCADA. No conduit or cabling installations will be required. Contractor will provide personnel familiar with the particle counters and provide a one day start-up service to ensure proper operation of the units after installation is complete. The contact information for Wunderlich-Malec is as follows: Stan Slater 2855 Trinity Square Drive, Suite 100 Carrollton, TX. 75006 Main Phone: (469) 574-2500 Fax: (469) 574-2525 RFP# 07-704-DDad2 RFP# 07-704-DD, Addendum # 2 All requests for additional information or clarification must be submitted in writing and directed to: Darlene Doss, Buyer, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806)775-3326 or Email to ddoss(c'mylubbock.us THANK YOU, CITY OF LUBBOCK Dal&" V e" Darlene Doss Buyer It is the intent and purpose of the City of Lubbock that this request permits competitive bids. It shall be the offeror's responsibility to advise the City of Lubbock Public Works Contracting Officer if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the I Public Works Contracting Officer no later than five (5) business days prior to the bid close date. A review of such notifications will be made. RFP# 07-704-DDad2 Z CITY OF LUBBOCK REQUEST FOR PROPOSALS •; TITLE: REPLACE PARTICLE COUNTERS AT WATER TREATMENT PLANT ADDRESS: LUBBOCK, TEXAS RFP NUMBER: 07-704-DD PROJECT NUMBER: 91010.8304.20000 CONTRACT PREPARED BY: PUBLIC WORKS CONTRACTING OFFICE City of Lubbock, TX Public Works Contracting Office Contractor Checklist for RFP # 07-704-DD 11 J.,1.afore submi tti ng year proposal, please ensure you have completed the fol I own ng: Carefully read and understand the plans and specifications and properly complete the PROPOSAL SU BM I TTAL FORM. Proposal submi ttal form M U ST be comp) eted i n bl ue or black ink or by typewriter. Signatures must be original, in blue or black ink, and by hand. Amounts shall be written in both words and numerals and in the event of a discrepancy the amounts wri tten in words steal I govern. I nc ude corporate sEl and Secretary's signature. Identify addenda received (if any). Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 2'__-4 Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. Thi s must i nc ude the si gnature of the agent or broker. Contractor' s si gnature must be on gi nai . 3. �� Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES° responses must be explained in detail and submitted with Proposal. 4. Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. I ncude firm's FEDERAL TAX I D number or Owner's SOCIAL SECU RI TY number. 57'A For RFPs: carefully read the BASIS OF PROPOSALS and EVALUATION CRITERIA in paragraph 32 of the General I nstructi ons to Offeror' s. Ensure AL L criteria are addressed i n your submittal. Evaluations cannot commence until all items are available to the evaluation committee. aearl y mark the proposal number, title, due date and time and your company name and address on the outsi de of the envel ope or contai ner. 7. 1 ncude PROPOSAL BOND or CASH ER' S OR CERTI FI ED CHECK as your proposal surety. Fai I ure to provi de a proposal surety W I L L result i n automati c rejecti on of your proposal. 8. Ensure your proposal is RECEIVED by the City of Lubbock Public Works Contracting Office pri or to the deadl i ner Late proposal s wi I I not be accepted. FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR PROPOSAL BEING DEEMED NON -RESPONSIVE AND, THEREFORE, NOT FURTHER EVALUATED. PLEASE INCLUDE THISCOMPLETED PAGEASTHE FIRST PAGE OF YOUR PROPOSAL SUBMITTAL. Company Name City of Lubbock Public Works Contracting Office 1 n an effort to better serve our suppi i ers, the Ci ty of L ubbock Publ i c Works Contracti ng Offi ce i s conducti ng the fol I owi ng survey. We appreciate the time and effort expended to submit your offer. R ease take an addi ti ona moment to compl ete the i nformati on bel ow. I f you have any questi ons or need more i nformati on, please call (806)775-2168. Ci ty of L ubbock RFP #07-704-D D HOW DI D YOU RECEIVE NOTICE OF THIS REQUEST FOR BI D OR PROPOSAL? Lubbock Avalanche Journal? -----1 Yes No The Daly Commercial Record? Yes"-"4 No From R an Room or other type of servi ce? Yeses No Did you access the City of Lubbock websiteto search for bids? Yeses' No Facsi mi le or emai I from RFP Depot.com? --A Yes No Did you download from your Dome computer? Yeses No Did you download from your company computer? -'v Yes No Requested a copy from Lubbock Public Works Contracting Office? Yeses No Are you a member of RFP Depot? ' 4 Yes No Other: THANK YOU. i 2. 3. 4. 5. 6. 7. 8. 9. 10 s INDEX NOTICE TO OFFERORS GENERAL INSTRUCTIONS TO OFFERORS PROPOSAL SUBMITTAL - PROPOSAL FOR LUMP SUM CONTRACTS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT GENERAL CONDITIONS OF THE AGREEMENT CURRENT WAGE DETERMINATIONS SPECIFICATIONS NOTICE TO OFFERORS NOTICE TO OFFERORS RFP #07-704-DD Sealed proposals addressed to Bruce MacNair, Public Works Contracting Officer, City of Lubbock, Texas, will be received in the office of the Public Works Contracting Officer, Municipal Building, 1625 13th Street, Suite 102, Lubbock, Texas, 79401, until 2:00 P.M. on January 30, 2007, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project: "REPLACE PARTICLE COUNTERS AT WATER TREATMENT PLANT" After the expiration of the time and date above first written, said sealed proposals will be opened in the office of the Public Works Contracting Officer and publicly read aloud. It is the sole responsibility of the proposer to ensure that his proposal is actually in the office of the Public Works Contracting Officer for the City of Lubbock, before the expiration of the date above first written. Proposals are due at 2:OOP.M. on January 30, 2007, and the City of Lubbock City Council will consider the proposals on February 22, 2007 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 proposals and waive any formalities. The successful proposer 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 proposer 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. Said statutory bonds should be issued by a company carrying a current Best Rating of B or su erior. Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the proposal submitted as a guarantee that proposer will enter into a contract and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him. FAILURE OF THE PROPOSER TO INCLUDE PROPOSAL SECURITY WITH THE PROPOSAL SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE PROPOSAL AND RESULT IN DISQUALIFICATION OF THE PROPOSAL SUBMITTAL. It shall be each proposer's 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 proposal submitted. There will be a non -mandatory pre - proposal conference on January 23, 2007 at 9:00 A.M. in the Training Room, at the Water Treatment Plant, 6001 Offerors may view and download drawings and specifications without charge from www.rfpdgpot.com . Attention of each proposer is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Public Works Contracting Officer of the City of Lubbock, which document is specifically referred to in this notice to offerors. Each offerors attention is further directed to provision _ of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all offerors that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit proposals 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. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre - proposal meetings and proposal openings are available to all persons regardless of disability. If you require special assistance, please contact the Public Works Contracting Office at (806) 775-2163 or write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. CITY OF LUBBOCK Ewe %v. u)r BRUCE MACNAIR, PUBLIC WORKS CONTRACTING OFFICER GENERAL INSTRUCTIONS TO OFFERORS GENERAL INSTRUCTIONS TO OFFERORS 1 PROPOSAL DELIVERY TIME & DATE 2 The City of Lubbock is seeking written and sealed competitive proposals to furnish REPLACE PARTICLE COUNTERS AT WATER TREATMENT PLANT per the attached specifications and contract documents. Sealed proposals will be received no later than 2:00 P.M. CST, January 30, 2007 at the office listed below. Any proposal received after the date and hour specified will be rejected and returned unopened to the proposer. Each proposal and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "RFP#07-704-DD, Replace Particle Counters at Water Treatment Plant" and the proposal opening date and time. Offerors must also include their company name and address on the outside of the envelope or container. Proposals must be addressed to: Darlene Doss, Buyer City of Lubbock 1625 13th Street, Suite 102 Lubbock, Texas 79401 1.1 Offerors are responsible for making certain proposals are delivered to the Public Works Contracting Office. Mailing of a proposal does not ensure that it will be delivered on time or delivered at all. If proposer does not hand deliver proposal, we suggest that he/she use some sort of delivery service that provides a receipt. 1.2 Proposals will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No proposals will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX PROPOSALS. 1.3 The City of Lubbock reserves the right to postpone the date and time for opening proposals through an addendum. 2 PRE -PROPOSAL MEETING 2.1 For the purpose of familiarizing offerors with the requirements, answering questions, and issuing addenda as needed for the clarification of the Request for Proposals (RFP) documents, a non- mandatory nre-aronosal conference will be held at 9:00 A.M.. January 23. 2007. in the Training Room, at the Water Treatment Plant, 6001 North Guava Avenue, Lubbock, Texas. All persons attending the meeting will be asked to identify themselves and the prospective proposer they represent. 2.2 It is the proposer's responsibility to attend the pre -proposal meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre - proposal meeting to offerors who do not attend the pre -proposal meeting. 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the RFP are made by ADDENDA information available over the Internet at http://www.RFPdepot.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. a : BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most up blic libraries. 3.2 Any proposer in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Public Works Contracting Office. At the request of the proposer, or in the event the Public Works Contracting Office deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Public Works Contracting Office. Such addenda issued by the Public Works Contracting Office will be - available over the Internet at http://www.RFPdepot.com and will become part of the proposal package having the same binding effect as provisions of the original RFP. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Public Works Contracting Office no later than five (5) days before the proposal closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City of Lubbock Public Works Contracting Office in writing or in this RFP should be used in preparing proposal responses. All contacts that a proposer may have had before or after receipt of this RFP with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this proposal should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to offerors. 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each proposer shall carefully examine all RFP documents and thoroughly familiarize itself with all requirements before submitting a proposal to ensure that their proposal meets the intent of these specifications. 4.2 Before submitting a proposal, each proposer shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Request for Proposals. Failure to make such investigations and examinations shall not relieve the proposer from obligation to comply, in every detail, with all provisions and requirements of the Request for Proposals. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Public Works Contracting Officer and a clarification obtained before the proposals are received, and if no such notice is .received by the Public Works Contracting Officer prior to the opening of proposals, then it shall be deemed that the proposer fully understands the work to be included and has provided sufficient sums in its proposal to complete the work in accordance with these plans and specifications. If proposer does not notify the Public Works Contracting Officer before offering 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 proposals. 5 PROPOSAL PREPARATION COSTS 5.1 Issuance of this RFP does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a proposal. 5.2 The issuance of this RFP does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a proposal shall be paid by the proposer. 6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your proposal to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your proposal is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your proposal that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction ,that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 7 LICENSES PERMITS TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the proposer is or may be required to pay. 8 UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective offerors are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their proposal submittal how they would utilize local resources. 9 CONFLICT OF INTEREST 9.1 The proposer shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 9.2 By signing and executing this proposal, the proposer certifies and represents to the City the offeror has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this proposal. 10 CONTRACT DOCUMENTS 10.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 10.2 All offerors 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. -# 11 PLANS FOR USE BY OFFERORS It is the intent of the City of Lubbock that all parties with an interest in submitting a proposal on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a proposal without charge or forfeiture of deposit. The contract documents may be examined without charge as noted in the Notice to Offerors. 12 PROPOSER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the offerors responsibility to advise the Public Works Contracting Officer if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the City of Public Works Contracting Office no later than five (5) calendar days before the proposal closing date. A review of such notifications will be made. 12.2 NO PROPOSER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS REQUEST FOR PROPOSALS (RFP) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE PROPOSAL CLOSING DATE AND ADDRESSED TO: Darlene Doss, Buyer ,,. City of Lubbock Public Works Contracting Office 1625 13th Street, Suite 102 r3 Lubbock, Texas 79401 Fax: 806-775-3326 or 806-767-2275 Email: ddoss@mylubbock.us RFPDepot: http://www.RFPdepot.com ...i 13 TIME AND ORDER FOR COMPLETION -, 13.1 The construction covered by the contract documents shall be substantially completed within 90 (NINETY) DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful proposer. 13.2 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 ensure completion of the project within the time specified. 14 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Li Conditions of the contract documents. 15 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. 16 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. 17 GUARANTEES 17.1 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). 17.2 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 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 "y order to comply with all the obligations contained herein. 17.3 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. 17.4 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. 18 PLANS FOR THE CONTRACTOR The contractor will, upon written request, be furnished up to ten sets of plans and specifications and related contract documents for 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. 19 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 proposals have been opened and before the contract has been awarded, to require of a proposer the following information: (a) The experience record of the proposer 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 proposer. (c) Equipment schedule. 20 TEXAS STATE SALES TAX 20.1 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. 20.2 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. 21 PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents -p 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 ~i work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 22 BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 23 EXPLOSIVES 23.1 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. 23.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 23.3 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. 24 CONTRACTOR'S REPRESENTATIVE The successful proposer shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful proposer 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. 25 INSURANCE 25.1 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 coverages shall be submitted before contract execution. 25.2 PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, 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 CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. 26 LABOR AND WORKING HOURS 26.1 Attention of each proposer is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that 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 proposer' 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 proposer'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: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 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. 26.2 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. 26.3 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. --, 27 PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS __. The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 28 PROVISIONS CONCERNING ESCALATION CLAUSES Proposals submitted containing any conditions which provide for changes in the stated proposal 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 proposer without being considered. 29 PREPARATION FOR PROPOSAL 29.1 The proposer shall submit his proposal on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the proposer 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. 29.2 If the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink. 29.3 Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Offerors, and endorsed on the outside of the envelope in the following manner: 28.3.1 Proposer's name 28.3.2 Proposal for (description of the project). 29.4 Proposal submittals may be withdrawn and resubmitted at any time before the time set for opening of the proposals, but no proposal may be withdrawn or altered thereafter. 29.5 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error in the proposal price. THEREFORE, ANY CORRECTIONS TO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBMITTAL FORM PRIOR TO PROPOSAL OPENING. 30 BOUND COPY OF CONTRACT DOCUMENTS Proposer understands and agrees that the contract to be executed by proposer shall be bound and include the following: (a) Notice to Offerors. (b) General Instructions to Offerors. (c) Proposer's Submittal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates for Contractor and all Sub -Contractors. All other documents made available to proposer for his inspection in accordance with the Notice to Offerors. 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. 31 QUALIFICATIONS OF OFFERORS The proposer 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 proposer may also be required to give a past history and references in order to satisfy the City of Lubbock about the proposer's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the proposer to perform the work, and the proposer shall furnish to the City of Lubbock all information for this purpose that may be requested. The proposer's proposal may be deemed not to meet specifications or the proposal may be rejected if the evidence submitted by, or investigation of, the proposer fails to satisfy the City of Lubbock that the proposer is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the proposer's qualifications shall include but not be limited to: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the proposer to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the proposer. (d) The quality of performance of previous contracts or services. (e) The safety record of the Contractor and proposed Sub -Contractors Before contract award, the recommended contractor for this project may be required to show that he has experience with similar projects that require the Contractor to plan his work efforts and equipment needs with City of Lubbock specifications in mind. Demonstration of experience shall include a complete list of ALL similar municipal and similar non -municipal current and completed projects for the past three (3) years for review. This list shall include the names of supervisors and type of equipment used to perform work on these projects. In addition, the Contractor may be required to provide the name(s) of supervisor(s) that will be used to perform work on this project in compliance with City of Lubbock specifications herein. 32 BASIS OF PROPOSALS AND SELECTION CRITERIA The City of Lubbock will use the Competitive Sealed Proposals procurement method as authorized by the Texas Legislature and further defined by Texas Local Government Code Section 271.116. The selection criteria used to evaluate each proposal will include the following: 32.1 40% Price. 32.2 15% Resume and references of proposed job superintendent. City shall have an opportunity to interview the job superintendent at a time to be named after receipt of proposals. 32.3 15% List of potential items from proposer that could reduce the cost of work, but result in the same end product. List shall include suggestions of materials/assemblies, etc. 32.4 5% Insurance claims and litigation during the last three years. 32.5 10% Construction time. J 32.6 10% List of subcontractors —DUE WITHIN TWO BUSINESS DAYS AFTER OPENING. 32.7 5% Contractor phasing options which may shorten construction time or minimize disruptions to City operations without increasing proposal amount The estimated budget for the construction phase of this project is 150 000. Proposals shall be made using the enclosed Proposal Form. 33 SELECTION 33.1 Selection shall be based on the responsible offeror whose proposal is determined to be the most advantageous to the City of Lubbock considering the relative importance of evaluation factors included in this RFP. 33.2 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS REQUEST FOR PROPOSAL. 33.3 The City shall select the offeror that offers the best value for the City based on the published selection criteria and on its ranking evaluation. The City shall first attempt to negotiate a contract with the selected offeror. The City and its engineer or architect may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the City is unable to negotiate a contract with the selected offeror, the City shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. 33.4 In determining best value for the City, the City is not restricted to considering price alone, but may „ consider any other factor stated in the selection criteria. 33.5 A proposal will be subject to being considered irregular and may be rejected if it shows omissions, alterations of form, conditional alternate proposals, additions or alternates in lieu of the items specified, if the unit prices are obviously unbalanced (either in excess of or below reasonably expected values), or irregularities of any kind. " 0 TEXAS LOCAL GOVERNMENT CODE 271.116 SELECTING CONTRACTOR FOR CONSTRUCTION SERVICES THROUGH COMPETITIVE SEALED PROPOSALS § 271.116. SELECTING CONTRACTOR FOR CONSTRUCTION SERVICES THROUGH COMPETITIVE SEALED PROPOSALS. (a) In selecting a contractor through competitive sealed proposals for construction, rehabilitation, alteration, or repair services for a facility or for construction of a project to which Section 252.043(d-1) applies, a governmental entity shall follow the procedures prescribed by this section. (b) The governmental entity shall select or designate an engineer or architect to prepare construction documents for the project. The selected or designated engineer or architect has full responsibility for complying with Chapter 1001 or 1051, Occupations Code, as applicable. If the engineer or architect is not a full-time employee of the governmental entity, the governmental entity shall select the engineer or architect on the basis of demonstrated competence and qualifications as provided by Section 2254.004, Government Code. (c) The governmental entity shall provide or contract for, independently of the contractor, the inspection services, the testing of construction materials engineering, and the verification testing services necessary for acceptance of the facility or project by the governmental entity. The governmental entity shall select those services for which it contracts in accordance with Section 2254.004, Government Code, and shall identify them in the request for proposals. (d) The governmental entity shall prepare a request for competitive sealed proposals that includes construction documents, selection criteria, estimated budget, project scope, schedule, and other information that contractors may require to respond to. the request. The governmental entity shall state in the request for proposals the selection criteria that will be used in selecting the successful offeror. (e) The governmental entity shall receive, publicly open, and read aloud the names of the offerors and, if any are required to be stated, all prices stated in each proposal. Not later than the 45th day after the date of opening the proposals, the governmental entity shall evaluate and rank each proposal submitted in relation to the published selection criteria. (f) The governmental entity shall select the offeror that offers the best value for the governmental entity based on the published selection criteria and on its ranking evaluation. The governmental entity shall first attempt to negotiate a contract with the selected offeror. The governmental entity and its engineer or architect may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. If the governmental entity is unable to negotiate a contract with the selected offeror, the governmental entity shall, formally and in writing, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. (g) In determining best value for the governmental entity, the governmental entity is not restricted to considering price alone, but may consider any other factor stated in the selection criteria. PROPOSAL SUBMITTAL PROPOSAL SUBMITTAL LUMPSUM PROPOSAL CONTRACT DATE: PROJECT NUMBER: REPLACE PARTICLE COUNTERSAT WATER TREATMENT PLANT Proposal of L-- 4b W A ila 1 -, VQ S 7--:By t rzo .J'- :r N G . (hereinafter called Proposer) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Offeror, in eomplim ewith your Request for Proposaisfor theconstruction of a Replace Particle Counters at Water treatment Plant having carefully examined the plam specifications, instnxctionstoofferors, notice to offerors and el I 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 i ntends to furnish ail labor, materials, and supplies and to construct the project in aocordance with the plans, specifications and contract docurr enK within the ti me set forth therein and at the price stated below. The price to cover al I expenses i ncurred i n performi ng the work requi red urxler the contract documents MATERIALS: bly%t� ` ree. r,E--L, +-6,10 CL44.1Z, $o ) SERVICES: ($ 0 0 ) TOTAL BID: ttwg> e%,C4;y ($ 14 3, 8D ) (Amount shall be shown in both words and numerals In case of discrepancy, the whount shown in words shall govern.) Proposer hereby agrees to commence the work on the above project on or before a date to be specified i n a written "Notice to Proceed" of the Owner and to substantial ly complete the project within (30 ) Days Completed by Contractor M eCttv Kt* ) (Written DaysCompleted by Contractor) days thereafter ad stipulated in the specifi i and other contract documents Proposer hereby further agrees to pay to Owner as liquidated damages the sum of $ 25 (TWENTY-FIVE) for each day in excess of thetimeset forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Proposer understaidsa)d agrees that this proposal submittal shall be completed and submitted in acoordancewith instruction number 29 of the General Instructions to Offerors Proposer understatds that the Owner reserves the ri ght to rej ect any or al I proposal s and to wa ve any formal i ty i n the proposing. The Offeror agrees that this proposal shall be good for a period of sixty (60) calendar days after the scheduled dosing timefor receiving proposals. 1-vtfferor's Initials The undersigned Offeror hereby declares that he has visited the site of the work and has carefully exarnined the plans, specifications and contract documents pertaining to the work covered by this proposal, and he further agrees to commencework on or beforethe date specified in thewritten noticeto proceed, and to substantially completethework on which he has proposed; w provided in the contract documents. Offerors are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (50/6) of the total anount of the proposal submitted as a guarantee that offeror will enter into a contract, obtain all required insurance polices, and execute all necessary bonds (if required) within ten (10) days after mice of award of the contract to him. Enclosed with this proposal is a Cashier's Check or Certified Check for Dollars ($ or a Bid/Proposal Bond in the sum of N,Vzer-4noJSDollars($ 9,avve ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within ten (10) business days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand. Offeror understands and agrees that the contract to be executed by Offeror shd I be bound and i nd ude al I contract documents made avai I able to him for his inspection in accordance with the Noticeto Offerors. Pursuant to Texas Local Government Code252.043(a), a competitive sealed proposal that has been opened may not be changed for the purpose of correcting an error in the proposal price. THEREFORE, ANY CORRECTIONSTO THE PROPOSAL PRICE MUST BE MADE ON THE PROPOSAL SUBM ITTAL FORM PRI OR TO PROPOSAL OPENI NG. (Sed if Offeror i s a Corporati on) Offeror acknowledges receipt of the folIowirig addenda - Addenda No. Date /-0-07 ®' Addenda No. _�_ Date 2- 06 -0 7 Addenda No. Date Addenda No. Date Date; 2 U� Aut zed Signature I- , (AJ • 44 4) w a r- d (Pri nted or Typed Name) L• kwar-d T L Com 8 r K s� Address CIt _ County T3C 7Q 3 / State Zip Code Telephone: 0 b - 8 32 - S'-D / 8 Fax: R of, - 8 32 Z LO9!7 FEDERAL TAX ID or SOCIAL SECURITY No. M/WBE Firm: Woman I Black American I NativeAmerican Hispanic American I Asian PacificAmerican I Other if 'ESr MZTPM FRU-I43 SEP, ASL'RANCE +' 808 283 8448 T-•636 P-002/102 G-64o CITY OF LLIBBOCK I NSURANCE REQUI REM ENT AFFIDAVIT To BeCCrrr"eted by Offeror and Agent Arid Atted od to Pmpo®d UlT itid 1, the undfreignod C.X eror, certify that the irarmw qqumyvms amteiroed in this WopmW do avt hme bow rwiomed by me with Me below identified IrmzwceAVaW9mker. if I am tlNei ded thisoontmt by the City of Lubbock, I wiii NadvIle to, w,tNn ten (10) business days after long m0fled d ,%wh awardtry ffiftChy d i_uttyxk., ftxNsh o v4ld inwnerx�roiifk le to theCitymeetingalldtlherrquarwrortsddiredinthisprrpwvA- \YI Contrtt or f81gnd" 0a*gdo' (Print) f,'ONTRACTM- 'SPRM NAMF: �I (-�pUZ cf 3�Nr- Z_cAN�-L {Rim or TYRO CONTRACTOR' l FIRM ADDRE IerPj�z- Addrem d AgerVOrcker V 1 �I S a th S ti e e t Plainview, Texts 79072 AgeW13 rc*er T,jI mN to N uftw-. ( S 0 6 L 2 93 S 441 . NOTE TO CONTRACTOR it the time rawpirerrmt gpetif€ed 3bcve is rid met, the City has thv right to rejed this propao and sward tt* rantracw fn amrlher contractor_ if ycu hweaN quedionscuncerningttiEwrequiremertts, pleecomod the PuWic Works C,ontradinc Offioefor theCity of Lubbock 4 (i36)11, 6-2168, r1- 0 0- ,c-!+L Nt)7-70I-DO - REPLACE PARTI C�- E COUNTERS AT WATER TREATMENT KANT 3 SAFETY RECORD QUESTIONNAIRE (Must Be Submitted With Proposal Submittal) The City of Lubbock City Council desires to avail itself of the benefits of Section 252.0435 of the Local Government Code, and consider the safety records of potential contractors prior to awarding proposals on City contracts. Pursuant to Section 252.0435 of the Local Government Code, City of Lubbock has adopted the following written definition and criteria for accurately determining the safety record of a proposer prior to awarding proposals on City contracts. The definition and criteria for determining the safety record of a proposer for this consideration shall be: The City of Lubbock shall consider the safety record of the offerors in determining the responsibility thereof. The City may consider any incidence involving worker safety or safety of the citizens of the City of Lubbock, be it related or caused by environmental, mechanical, operational, supervision or any other cause or factor. Specifically, the City may consider, among other things a Complaints to, or final orders entered by, the Occupational Safety and Health Review CoTdnission (OSHRC), aigainst the proposer for violations of OSHA regulations within the past three (3) yeas. b. Citations (as defined below) from an Environmental Protection Agency (as defined below) for violations within the past five (5) years Environmental Protection Agencies include, but are riot necessarily limited to, the U.S. Army Corps of Engineers (USACOE), the U.S. Fish and Wildlife Service (USFWS), the Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the Texas Natural Resource Conservation CoTirnission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services (DSHS), the Texas Perks and Wildlife Deportment (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related lams or regulations, and simvla regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension trevocations of state or federal licenses or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and j udicial final judgments C. Convictionsof acriminal offensewithin the past ten (10) yeas, which resulted in bodily ham or death. d. Arry other safety related matter deerned by the City Council to be material in determining the responsibility of the offeror and his or her ability to perform the services or goods required by the proposal documents in a safe environment, both for the workers and other empl ogees of offeror and the citizens of the City of Lubbock. In order to obtain proper information from offerors so that City of Lubbock may consider the safety records of potential contractors prior to awarding proposals on City contracts, City of Lubbock requires that offerors answer the following three(3) questionsand submit therewith their proposals QUESTION ONE Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, Corporation, partnership or institution, received citationsfor violationsof OSHA within thepast three(3) yeas? YES_X_ NO If the offeror has indicated YES for question number one above; the offeror recast provide to City of Lubbock, with its proposal submission, thefollowing information with respect to each such citation: Date of offense~ location of establishment inspected, category of offense~ final disposition of offense, if any, and penalty assessed. Offeror's Initials 4 QUESTION TWO Has the offeror, or the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of environmental protection laws or regulations, of any kind or type; within the past five years? Citations induce notice of violation, notice of enforcement, suspensiontrevocations of state or federal licenses, or registrations, fines assessed, pending criminal complaints, indictments, or convictions, administrative orders, draft orders, final orders, and judicial final judgments. YES NO_ X If the offeror has indicated YES for question number two above, the offeror must provide to City of Lubbock, with its proposal submission, the followi ng information with respect to each such conviction: Date of offense or occurrence, location where offense occurred, type of offense, final disposition of offense, if any, and penalty assessed. QUESTION THREE Hastheofferor, or thefirm, corporation, partnership, or institution represented by offeror, or ayoneacting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted in serious bodily injury or death? YES NO OX If the offeror has indicated YES for question number three above; the offeror must provide to City of Lubbock, with its proposal submission, the following inform ion with respect to each such conviction: Date of offense, location where offense occurred, type of offense; final disposition of offense; in any, and penalty assessed. ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF LUBBOCK I certify that I have made no willful misrepresentations in this Questionnaire nor have I withheld information in my statements and answers to questions. I an aware that the information given by me in this questionnaire will be investigated, with my full permission, and that any m isrepresentations or omissions may louse my proposal to be rejected. Signature Title SUSPENSI ON AND DEBARM ENT CERTI FI CATI ON Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non -Federal entities from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions irid ude procurement contracts for goods or services equal to or in excess of $25,000 and ail non-procureneit transactions (e:g., sub -awards to sub -recipients). Contractors receiving individual awards of $25,000 or more and all sub -recipients must certify that their organization and its pri nci pals are not suspended or debarred by a Federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for thefirm named below, certify that neither thisfirm nor its principals are suspended or debarred by a Federal agency. COMPANY NAME: L. qj)q-,,4 CC) 4CTiPt J GZZo #J �"� C• FEDERAL TAX IDor SOCIAL SECURITY No. �r5 Z�6�1a�F3 Signatureof Company Official: G• Primed name of company official signing above: L W • %� 0 L"� a r Date Signed: Z 'lZ O 2 6 PAYMENT BOND 1 Bond No. 4358168 STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $25,000) KNOW ALL MEN BY THESE PRESENTS, that L. Howard Construction, Inc. (hereinafter called the Principal(s), as Principal(s), and SureTec Insurance Company (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of One Hundred Forty Three Thousand Three Hundred Dollars ($143,352.80 ) lawful money of the t United States for the payment w ereo , e said Principal and Surety bind themselves, and their heirs, administrators, .3 executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the day of ,20 ,to Replace Particle Counters at Water Treatment Plant, RFP#07-704-DD, Contract No. 7478 and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 20th day of March 2007 . SureTec Insurance Comoan Surety *By. (Title) John W. Schuler, Attorney -in -Fact L. Howard Construction, Inc. (Company Name) By: L.. L,1 • HU W ,, ✓`o— (Printe�Nac) (Signatuur (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Bill Murfee an agent resident in Lubbock County to whom any requisite notices maybe delivered and on whom service of process may be had in matters arising out of such suretyship. Approved as to form: SureTec Insurance Company Surety (Titl John W. Schuler, Attorney -in -Fact * Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 2 L3 1...i Bond No. 4358168 STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) L. Howard Const uctiQn,C. KNOW ALL MEN BY THESE PRESENTS, that �herefna Pier called the Principal(s), as Principal(s), and SureTec Insuran .. Company (hereinafter called the Surety8s), as Sur% s) are held and firmly bound unto the City of Lubbock (hereinafter called the ne Hundred F ""�y' Three Thousand Three Hundred Obligee), in the amount of Fifty Two and 801100'3 Dollars ($ 143,352.80 ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the , 20 , to Replace Particle Counters at Water Treatment Plant, RFP#07-704-DD, Contract No. 7478 day of and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this 20th day of March , 2007 SureTec Insurance Company Surety J `rf * By: GjJ� (Tit ' John W. Schuler, Attorney -in -Fact L. Howard Construction, Inc. (Company Name) By: L . w , G1 >, r't'_ (Printe Name) 6A j CL4 (0 (Signature) (Title) s The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates Bill Murfee an agent resident in Lubbock County to whom any requisite notices maybe delivered and on whom service of process may be had in matters arising out of such suretyship. SureTec Insurance Company Surety *By: (Ti e) John W. Schuler, Attorney -in -Fact Approved as to Form * Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 2 ice' POA a: 4221095 Bond Number 4358168 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company'), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint John W. Schuler of Austin, Texas its true and lawful Attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million and no/100 Dollars and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. Said appointment shall continue in force until June 30, 2007 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given Rill power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, rewgnizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary, Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20 of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. \.`UtaANCF� &RETEC INS CE COMPANY °� By: w (W , aF Bill King, r nt State of Texas ss: County of Harris sn �»�» On this 20th day of June, A.D. 2005 before me personally came Bill King, to me known, who, being by me duly swom, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; 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 Company; and that he signed his name thereto by like order. FMy hOWDBfVlji� alas a iexararftrt►ttt E�� n Michelle Denny, Notary Pubtc KjUd 27, 2008 My commission expires August 27, 2008 loom 1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 20th day of March 20 07 , A.D. M. Brent Beaty, Assistant Se re ry Any Instrument Issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. j SureTec Insurance Company i t THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION I Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099 You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Texas 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#:512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, and Fungi The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergins, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor the remediation thereof, nor the consequences of their occurrence, existence, or appearance. Triple Rider with Mold Exd.doc rev. 1_1_06 1 CERTIFICATE OF INSURANCE MAY . 4.P007 2' : 27PM MOUSER AGENCY- NO. � 1riCA I t Ur UABILI'TY INSURANCEOS/04/2007 .lt.Ek PRODUCER (g06)293-8441 FAX (806)293-5448 Mouser Agency 1515 W. 5th Plainview. TX 79072-7332 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR A R THE COVERAGE AFFORDED BY THE POLICIES I3ELOIN. INSURERS AFFORDING COVERAGE NAIC # INsum L. HOward ConstrLiCtion, Inc. 380 FM 54 Abernathy, TX 79311 INSURERA-, Texas Mutual Insurance Co. INSURERB: INSURER INSURER M, INSURER R CfIVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BESN ISSUED TO THE INSURED NAMED A13OVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOUIRI=MENT, TERM OR (ZNDITION OF ANY CQNTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY TWE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMIT81HOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR Anat TYPE OF INSURAN(M POLICY NUMF.>ER POLICY EFFECTIVE CY EXPIRATION UNITS 3ENERAL LIABILITY COMIAL GENERA. LIABILITYA CLAIMS MADE CI OCCUR EACH OCCURRENCE S s MED EXP (Any ene patty) $ PERSONAL & ADV INJURY $ GRORAL AGGREGATE 6 CZn AGGRRGATG LIMIT AF PLIES PM, POLIGY JP LOC PRODUCT$ - COMMOP AGG S AUTOMOBILE LASILITY ANY AUTO ALL OWNED AUTO$ SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea Ileddem) � BODILY INJURY (Per pftw) S OOILY INJURY Par ecddenl) 6 PROPEfM DAMAGE (Per ec4dent) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC AUTO ONLY: AGG S -- i EXCESSIUMBRMJA VMIU1Y OCCUR CLAIMS MADE DEDUCTIBLE RETENTION I EACH OCCURRENCE S AOGRECIATE 3 S S i A vIoRHJ➢RIS COxIPF1IBAnoN AND EMPLOYIERV LIABILIITY ANY URtME SEIR ERJB%ECJrnrE 01'Flr-RRIMEMBHR P�(CLLIOEb4 MCIGH S ubder AL PROVISIONS bo(ow F0001082919 20061027 10/Z7/2006 / 10/ 27/2007 XLIMVYC STATll. OTH. ER E.L. EACH ACCIDENT S 500.0 E.L DISEASE - FA EMPLOY S 500 0O Fi.L. DISEA94 - POLICY LIMIT S 500, 00 OTHER DESCRIPTION OF OPPRATIONS I LOCATIEWS /VEMCI," 1=LU3MHG AVOW HY 1ENDORSIJAEXT / SPECIAL PROVISIONS Ref; RFP# 07-704-M IJtiver of Subrogation is attached in favor of certificate holder. City of Lubbock c/o City of Lubbock Public Works 1625 13th St.. Ste 102 Lubbock, TX 79401. SHOULD ANY OF THE ABOVE DESCRIMI) POLICIES BE CANCELLED BEFORE THE WIRATION DATE THIMPOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL lO _ PAYS wRITTEN NOT= TO THE CI7 7mr-ATE 149WER NAMQD TO THE LEFT, BUT FAILURE TO AWL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OP ANY M-ftUPON THE IWMRJf.ITS A W§QR REPRESENTATIVES. ACORD2S(20D1/08) FAX: I;806)775-3027 @ACORDCORPORATION 1988 4.2007-2:: 27PM--T10USER AGENCY 0.393 2 `3y�mw oL CERTIFICATE OF LIABILITY INSURANCE oS/04/2007 )293-8441 FAX 806 293-8448 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Mouser Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1515 W Sth HOLDER- THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Plainview, TX 79072-7832 INSURERS AFFOR13ING COVERAGE NAIC 9 INSURED L. Howard Cons ruction, Xnc. INSURERA, Scottsdale insurance CoMany 390 FM 54 INSURER EP Interstate Fire & Casualty Abernathy, TX 79311 INSURERC; INSURER D; INSURER E; t~nv�fxar_�c THE POLICIES OF INSURANCE LISTED sELQW HAVE 13EF-N ISSUED TO THE INSURED NAMED A90VE FOR THE: POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR . OND1710N OF ANY CONTRACT DR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUEE) OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR RMITI. TYPE OF INSURmfN E POLICY NUMBER POLICY EFFECTIVE POucY EmRA7tON LIMITS GERMLLIMILITY W30014944 04/30/2007 04/30/7009 EACHOCCURRENCE S 11000,000. X CMWERGAL G11N6RAL LIAaIUTY DAMAGE 70 RENTED 5 100,0001 CLAIMS MADE [0 OCCUR NOD eXP (My ana Pam) S S.0001 PEPMW s ADV INJURY E3 1,000,00 A GENERAL AGGREGATE S Z 000 00 GERL AQW0ATE LIMIT A13RJF-S PER: PRODUCTS - COMPIOP AGG S 2,000.00 POLICY FX7 JER.COT LOG AUTOµMLA LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea ealdent) 5 ALL OWNED AUTOS SCHEDULED AUTOS 5013ILY INJURY (Per Person) T 130PILY INJURY (Per ecddcnt) HIREP AUTOS NON -AWNED AUTOS PROPERTY AMAGE (Par mWenT S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S QTMrmR THAN EA ACC AUTO ONLY; AGG S ANY AUTO $ m JIBREI lA LIABu1 IY PFX1003160 04/30/2007 04/30/2008 EACH OCCURRENCE 3 210001000 is OCCUR CUJMS MADE AGGREGATE 3 Z, 000, 00 B It ; OEPUCT19Llc X RETErmON S 10,000 WORKERS COMPENSATION AND WC STATU• ER MPLOYERB' LIABILITY AAl��((�Yf PRO PRIBTOR/P C�UTtVE aFyyeeFeeICERIMEMBGR EXCLUDE 9PECJ/1L PROVL5IONS bdvw F.L. EACH ACCIDENT L E.L. DISEASE - EA EMPLOYE S E-L, DISEASE . POLICY LIMIT OTNER -P1KffiPTft OF OPERATIONS I LOCATI-)NS I VLHICLBS I EXCLUSIONS Ana® pY ENPORSI:Aif!NT / SPECIAL PROVISIONS ter# R #07-704-0D ertificate holder is :;hown as,Additienal insured with Waiver of Subragation overage under General Liabiliity is primary, CFRTIFIRATF Unt ITFQ #-A►1nCr I A"F%Lf SHOULD ANY OF THE ABOVE PF.SCRII'J0 POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL City of Lubbock 10 DAYS WRrfTEN Nam TO THE CERTIFICATE HOLDER NAMED To THE LEFT, c/o City of Lubbock Publ,i c Works BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 1625 1.3th St., Ste 102 OF U&Iam UPON THE )NSURER ITS ASOR REPRESENTATIVES. Lubbock, TX 79401 AUTND I± rnE J). /�x , "�'— ACURD25(2001105) I -AA: Lauq) 775-3Ut7 OACORD CORPORATION 1980 AY. 4.2CERTIFICAI EEOF �IYABILIW INSURANCE N0.393TOS/04/2007u PRODUCER (806)293-8441 FAX 8065293-8448 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Mouser Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1515 W. 5th HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR LT ER THE COVERAGE A FORDED BY THE POLICIES ELOW. Plainview, TX 79072-7932 INSURERS AFFORDING COVERAGE NAIC # INBURL=D L. HaIwardConstruction, Tnc. INSURER& Southern County Mutual Ins, Co. 390 FM S4 INSURERBI Abernathy, TX 79311 INSURERC: INSURER 0; INSURER E; rrn�cowr_cc THE POLICIES OF INSURANCE -ISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFPORDED BY THE POLICIES DESCPjBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR Mr,TYPE OF INSURANCE POLICY NUMBER lIDLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABIUTY EACH OCCURRENCE S COMMERCIAL OENW11, LIARIUTY zTO RENTED $ CLAIMS MADE [7 O=R MEP WF (My else pane^) S PERSONAL & ADV INJURY a GENERALAGBREGATE S GEWL AGGREGATE LIMIT APPLIES PERt PRODUCTS. COMPAOP AGG S POLICY J& LCC AUTOMOBILE LIABILITY ANY AUTD STC572541-0 04/01 2007 04/01/1069 COMBINED SINGLE LIMIT (Ea accIdent) S 1.000.000 BODILY INJURY (Per person) S A ALI.OWNEP AUTOS X SCHEDULED AUTOS X HIMD AUTOS X NON -OWNED AUTOS 9001LY INJURY (Per ecddent) s PERTY DAMAGE Peractldent) S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT I OTHERTHAN EAACC i ANYALITD $ AUTO ONLY: AGO EXCESSIUMBRELLA LIABIL TY PAH OCCAIRRENCE a OCCUR CL41MB MADE AGGRRaATE $ _ S 1 DEDUCTIBLE a RETENTION S WORKERS COM109NSATION ANDEMPLOYERS' LIABILITY ANY PROPRIETORIPARTN613/&%E 3UTNE OFFIGERIMBAI@ER E%CLU I I eaectlhe undw SPEC PROVISIONS below P-L EACH ACCIDENT S E.L DISEASE - EA EMPLOYE S E.L DISEASE - POLICY LIMIT I S OTHER DESCRIPTION OF OPERATIONS! LCCAT'ONS IVBHICLES 1 WWLUBIONB ADDED BY ENDORSEMENT I SPECIAL PROVISIONS of RFP#07-704-00 ertificate holder is Shown as Additional Insured with Waiver of Subrogation overage is primary C'r-R'nF;I(`_ATR Lam non nAelr1=I I ArrnU SHOUM ANY OF THE ABOVE DESCRIBED POLICIES EE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL City of Lubbock _19_ DAYS WRITTEN NDTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, C/O City of Lubbock Public Works BUT FAILURE TO MAIL SUCH NOW SMALL IMPOSE NO OBLIGATION OR LIABILITY 162 S 13th St . , Ste 102 101Z IQa UPON THE IwamiWirs ja OR RRPR&SENTATIvFs. Lubbock, TX 794C 1 AUTOO REPRESENTATIVE ACORD 25 (2001/08) FAX s (gU6) 775-�3326 CACORD CORPORATION 1988 RGENCY AC �L��T�F� JAI E EQ� L������ INSURANCEN0.852 0 3/Z007? j PRCOUCER 806 293-8441 FAX (806)293-9449 THIS CERTIFICATE 13 ISSUED A6 A MATTER OF INFORMATION (` Mouser Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 15IS W. 5th HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR T R E COVERAGEC AFFORDEC C LS BELOW, _j Plainview, TX 79072-7932 INSURERS AFFORDING COVERAGE NAIL # mum L. Howard Construction, Tnc. ' INS:IRI;RA. Texas Mutual Insurance Co. 380 FM 54 SuRra■: Abernathy, TX 79311 INSUR6RC: .1 I ---- -- COVFRAGES ABURER 0; INSURER E: I THE POLICIES OF INSURANCE LISTED SEA OW HAVE BEEN {SSUI D'rO THE INSURED NAt-AFD A LIVE FOR THE POIJCY PERIOD INDICATED. NOTLVITHSTANDING ANY RdQUIR@MENT, TQRM OR CMI)ITION OF ANY MNTRACT OR OTHER DOCUMIiNT WITH RESPECT TO WHICH THIS CERTIFICATE MAY S1 ISSUHD OR MAY PERTAIN rHE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT To ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AG( RELATE LIMITS $HO'NN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN5R 0 TYPE OF INSURANCE" i POPCYNUM35R PO 'Y EFFEC'ITVE 7 ^Y k%PiFtA. UNITS aCNERAL WAEILITY I COMhfACIAL GENERAL (-V,51LITY I C'.A�M3 MADE CX-CUR i I MACH OCCURRENCE S S MEO 6cXP (Any one paro0i) S PERSONAL & ADV INJURY I GENMLAZMEGATE $ G@h L AQORECSATE WMff AFFLIE3 P>=R I POLICY r7JECT LOC PRODUCTS- COMP10r AUG b A'00N08I1.6 LIASIIJTY ANY AUTO ALL=NED AUTOE SCHEDULSOAUTOS HIRCOAUTOZ NON.OW.vEO A CDMeIN10 SINGLE LIMIT (Ma ec"Im} 6 BODILY INJURY (Porperaan) S ( t fSOD LY INJURY (Parmawaanp _ 5 PROPFR7YOA4V.GE (Par aC.1d0A1) S I GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACOIDENT i b ••• _ — 11T�j� CYAN LAA(;C AUTC OM.Y: AGO $ I!xCSSWMGRRLtA LIARAJ1Y OCCUR CAIMS MAOe DEOUCTIMI S RETENTION S I I I MACIA O=KRENCE L AGaseEt;n7E b_ _ s S E IYORRERS COYPP_NSATTON "0 UVLOY$RS'LAIIILITY ANPROPRIETO?PATNI5q=5CUTfVE OFFIGERWMBER EXCLUDED? If ycs aaernba ❑nLW if AAL PROVISIONS balaw SF0001092979 20061027 I 10/27/2000 10/27/2007 X s 500A y00 L S0000 =1_CACCICET Gd.. OI$rVM • aA SM3I.OYU EL. DISEASG - POLICY umT ¢ 500 00 OTHER .� DESCRIPI�r+ PE IKATIOMS I LoCAnm r VEHnLAP I MLUrAONG ADDED DY ENDORSEMt w I CPrCIAL PROVIIIONE Ref: RFP�7-704-DD 4aiver of Subrogation Is attached in favor of certificate holder. M IFIgATL HOLD, F, City OF Lubbock C/o City of Lubbock Public Works 162S 13th St., Ste 102 Lubbock, TX 79401 ACORD 25 (2Q01/08) FAX: (806) 775'-3027 S110UW ANY OF THA ABOVB DBSCIVNED POLICIES HE CANCELLED OFFORG TTir. E7RIRA7fON DATE THEREOF, THE 16SUIN S INSURER WW LL eNOEAVOR TO MAIL - 10 DAYg wRIT;EN NOTICE TO THE CERTIRGATF. MOWSR NAMFA TO THE LEFT, OUT FAILURE TO NAIL $UCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KNDUPON THE IN9U94IT$1 EgnOft FtQ"-eKNTATIVBB, @ACORD CORPORATION 1988 a .A MCXOU>`ER oG�,r��. �s� ;Y AC03/13/2007 PRODUMM (806) 293_g441 FAX (806) 293 -8448 ! THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATON klouser Agency I ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 151.5 'W 5th HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFOBRED BY THE POLICIES BELOW. Plainview, TX 79072-7932 INSURERS AFFORDING COVERAGE _ T I NAIC # LnsuReo L. Howard CaetStructlon, Inc-.--- LVSUR28A; Evanston Insurance Company 4 390 FBI 54 fWJRER e! intarstate Fire & Casualty Abernathy, TX 79311 INSURERC; INSURER E; COVERAGES THE POLICIES Or INSURANCE LISTED BBLCW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR 74E POL(CY PERIOD IND!i ATED NOTWITHSTANDING ANY RECUIRI-MENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CF-R-17FICATE MAY RE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDEd BY ThE POLICIES DESCR18ED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIM'S. Y ! D I -we OF INSURANCS PC'L►CY NOM&ER PQUCY EF YNTPOLIOY EXPIRATION LIMITS I:ACHOC'CURRitNOE 1 1,0001 00 L A f wNmALuaeluTY X I COMNLROAL GENERAL LIAOILIT Y CLAIMS MAD,r; �a OCCUR i I CL420401565 04/30/2006I04/30f2407 i i I A �IMDIM� i MED W (Any one pyw) PERSONAL & AW INJURY E 100,000 9� 51000 S 1,000.000 - GENERAL A04K(IATE S 2 , 000 00 - 1 �WL AOCAEGA?E LIMIT APPLIES PER: i � POLICY T LOC AUTOMOWLEWAILIUTY ANY AUTO � � Pf QDUCTS • COMMOP AGG 5 21000,000 COIdEWE,D StNp-6 LIMIT tl:d OCC(denll ALL QW'NaO AUTOS SCHEDULED AUTOS p00LY INJURY {Porpweun) $ - HIREDAUTQS FFF�—��� NON -OWNED AUTOS BDQILY INJURY (PEraWdent) � — PROPERTYDAMAGC GaRf1GELIA&6IfY �� �� AUTO ONLY• EAAOCIDENT 6 t7T1i'�(7T11APL EAACC AUTO ONLY' AfiG 4� ANY AUTO 1 b i I � I EMCF.SsIUt� LL,A WA8:UTY X OCCUR 'M CLAIMS MADE PFX1000428 04/30/2006 04/30/2007 EACH OCCLRRFNCE 6 �000 O0 A00REGAT,S S Z , 000 , 00 v � T DEDUCTIBLE X MT aNrloN a 10,000 S 9 WORKERB COMPENSATION AND CMPLOYERV LIABILITY ANY PRO M!ETOPrPARTNERrMGUTIVE OFFICERAIPMDER EXCLUDED? 11 M. aosuwoe unear SPEL�UIL PROVISIONS @ek„u OTHER I WC S A U- OTH E.L. EACH ACCIDENT I E.L. DISEASE - EA EMPLOYE — •- 8 _ _ 111, VSSA8E . POLICY LIMIT S + -V DESCRIPTION OF OPERATION$ I LOCATIONS I VEHICIZI / P-Y WSION$ AbDED BY ENOORSEMENT I SPECIAL PROVISIO,V$ Ref# RFP#07-704-DD certificate holder is shown as Additional Insured with Waiver of Subrogation "average under General Liability is primary, City of Lubbock c/o City of Lubbock Public Works 1.62S 13th St., Site 102 Lubbock, TX 79401 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES ®E CANCQL LF,PS pEFORE THE "IRATION GATE INERLTQF. THE iSSU(NG WSURRR WILL ENDCcAVOR TO MAIL. 10 DAYS WJrMN NOTICE TO THE CERTIFICATE HOLDER NAKED TO THE LF.F'T, BUT FAILURE TO MAIL SUCH NOTIM SHALL IMPOSE 140 DOLICATION OR LIABILITY OF AXY KIND UPON THE INSURER, IIS AUKS OR REPRESINTATTVES. ACORO 6(200i/08) FAX; (806)77Sw3027 ©ACORD CORPORATION 1988 REQUIRED WORKERS' COMPENSATION COVERAGE "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 equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (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 (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; (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. c CONTRACT m No Text CONTRACT #7478 STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 51h day of March, 2007 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and L. HOWARD CONSTRUCTION INC. of the City of Abernathy, County of Hale 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: PROPOSAL #RFP-07-704-DD — REPLACE PARTICLE COUNTERS AT WATER TREATMENT PLANT-$143,352.80 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. L. Howard Construction, Inc.'s proposal dated February 13, 2007 is incorporated into and made a part of this agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CONTRACTOR: By: 74W PRINTED NAMF,: L.. lA � � �)� C` l TITLE: r f S , CITY OF LUBBOCK, TEXAS O ER): e MAYOR ATTEST: City"Secretary GENERAL CONDITIONS OF THE AGREEMENT 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 L. HOWARD CONSTRUCTION, INC. agreed to perform the work embraced M 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 Curtis McDole, Electrical Equipment Foreman, 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 Offerors, General Instructions to Offerors, Proposal, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to Offeror for inspection in accordance with the Notice to Offerors. The above described materials are sometimes referred to herein as the "contract" or "contract documents". 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 7. 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 L 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 ensure 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) _3 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 material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's 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, qualify 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 modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. 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 WORKERS The Contractor agrees to employ only orderly and competent workers, 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 that 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 _. 4 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. 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 i_ required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's proposal, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the 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. 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, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and 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 before the commencement of 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 proposal, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these 6 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 proposals are received, and if no such notice is received by the Owner's Representative prior to the opening of proposals, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its proposal to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before offering 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 proposals. 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. 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- 7 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 conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. PROOF OF COVERAGE SHALL BE FURNISHED TO THE CITY OF LUBBOCK IN THE FORM OF A CERTIFICATE OF INSURANCE ALONG WITH A COPY OF THE ADDITIONAL INSURED ENDORSEMENT. THE INSURANCE CERTIFICATES FURNISHED SHALL NAME THE CITY OF LUBBOCK AS A PRIMARY ADDITIONAL INSURED AND PROVIDE A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF LUBBOCK AS REQUIRED BELOW, 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 CONTRACTOR'S RESPONSIBILITY TO PROVIDE TO THE OWNER ALL PROOF OF COVERAGE INSURANCE DOCUMENTS INCLUDING WORKERS COMPENSATION COVERAGE FOR EACH SUBCONTRACTOR. A. General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with limits of $300,000 Combined Single Limit in the aggregate and per occurrence to include: Products & Completed Operations Hazard Contractual Liability Personal Injury & Advertising Injury B. Owner's and Contractor's Protective Liability Insurance - NOT REQUIRED C. Comprehensive Automobile Liability Insurance (Primary Additional Insured and Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $300,000 Combined Single Limit—, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. The City is to be named as a primary 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 - NOT REQUIRED E. Umbrella Liability Insurance - NOT REQUIRED F. Worker's Compensation and Employers Liability Insurance (Waiver of Subrogation required) 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. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner- ___ operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 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. I 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 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 i Contractor which entitles the governmental entity to declare the contract void if the Contractor 10 does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the proposal 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 u (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; 11 (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: 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 8001372-7713 or 5121804-4000 (1ttp.11www twcc.state.Mus/twcccontacts.html) 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 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; __, 12 (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 proj ect; (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, - 3 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. 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, material men 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. 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 13 Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to offering. 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 proposing 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 'r 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 3 to the Owner's Representative, Contractor shall bear all costs arising there from. 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. F 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 $25 (TWENTY-FIVE) 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 proposal; 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 proposal in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 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 In 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 Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material -i 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 proposals 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 15 somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and 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 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 16 performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. 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. 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 does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. 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 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) 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. 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 proposals, 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 18 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 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 any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, 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 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 that 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 Contractor is 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 Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the f amount of 100% of the total contract price in the event that said contract price exceeds $25,000. All bonds shall f 'v be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do 19 business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 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 borne 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, 20 M 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. 56. NONAPPROPRIATION All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non -appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 21 CURRENT WAGE DETERMINATIONS RE: RESOLUTION NO.2002-R0483, NOVEMBER 14, 2002 Craft Acoustical Ceiling Installer Air Conditioner Installer Air Conditioner Installer -Helper Asbestos Worker Asbestos Supervisor Bricklayer Bricklayer -Helper Carpenter Carpenter -Helper Cement Finisher Drywall Hanger Electrician Electrician -Helper Equipment Operator -Heavy Equipment Operator -Light Fire Sprinkler Fitter -Journey Fire Sprinkler Fitter -Apprentice Floor Installer Glazier Insulator-Piping/Boiler Insulator -Helper Iron Worker Laborer -General Mortar Mixer Painter Plumber Plumber -Helper Roofer Roofer -Helper Sheet Metal Worker Sheet Metal Worker -Helper Welder -Certified EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Hourly Rate 11.50 12.00 7.50 9.00 12.50 12.50 7.00 11.00 7.00 9.00 11.00 15.00 8.00 10.00 9.00 18.00 10.00 9.50 10.50 10.50 7.00 11.00 6.00 6.00 9.50 12.50 7.00 9.00 7.00 10.00 7.00 11.00 1 EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Craft Hourly Asphalt Heaterman 9.00 Asphalt Shoveler 7.50 Concrete Finisher 9.00 Concrete Finisher -Helper 7.50 Electrical Repairer -Equipment 12.50 Flagger 6.50 Form Setter 8.00 Form Setter -Helper 6.50 Laborer -General 6.00 Laborer -Utility 6.75 Mechanic 9.00 Mechanic -Helper 7.00 --, Power Equipment Operators Asphalt Paving Machine 9.00 Bulldozer 9.00 Concrete Paving Machine 9.00 Front End Loader 9.00 Heavy Equipment Operator 9.00 Light Equipment Operator 8.00 Motor Grader Operator 10.25 Roller 7.00 i Scraper 7.50 Tractor -Trailer 8.50 R Truck Driver -Heavy 8.00 Truck Driver -Light 7.00 7 2 EXHIBIT C Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. EXHIBIT D Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the Fair Labor Standards Act. 3 SPECIFICATIONS 1, Particle Counter Installation PART GENERAL 1.1 Scope of Work A. Secure the services of a contractor to furnish and install 23 online particle counters, as manufactured by the Hach Co., Loveland, Colorado and also supply one complete online particle counter to be stored as a spare unit by the City of Lubbock. B. Online particle counters shall be Hach model number CS12200 PCX 1.2 Section includes A. Particle counter for monitoring 2 to 750 micron diameter particles in water. 1.3 Measurement Procedures A. The method of counting particles will be by laser -illumination, light -blocking. 1.4 Alternates A. Other methods of particle counting, such as those that use sapphire laminated to a substrate material or sapphire coating on a substrate material, are not acceptable. 1.5 System Description A. Performance Requirements 1. Particle detection range: 2 to 750 micrometer diameter 2. Number of discrete bin sizes: 32 3. Count limits: 9,999,999 totalized count, updated at end of each count cycle, maximum 4. Sample/hold time: 1 second to 24 hours 5. internal light transmittance: 99.0 percent, minimum 1.6 Certifications A. Safety: UL/CSA approved 100-115 V, 50/6011z external wall -style power supply or 100-240 V, 50/60 Hz external NE,MA-enclosed power supply certified with the instrument to IN 61010-1 (1EC 1010-1). B. Immunity: EN 50081-2: 1992 (Generic Immunity Standard) per 891336EEC EMC C. Emissions: EN 50081-2 (Generic Emissions Standard) per 89/336/EEC EMC 1.7 Environmental Requirements A. Operational Criteria 1. Sample flow rate: 100 ml.%minute 2. Operating temperature: 0 to 50 degrees C (32 to 122 degrees F) 3. Pressure: 65 psig, not more than 1 minute; 55 psig, continuous 1.8 Warranty A. The product shall include a one-year warranty from the date of shipment. I PART 2 PRODUCTS 2.1 Manufacturer A. Hach Company, Loveland, CO model 2200 PCX Particle Counter 2.2 Manufactured Unit A. The 2200 PCX Particle Counter consists of sensor/counters and counter electronics for counting particles in discrete sizes. B. The 2200 PCX is housed entirely in a NEMA 4X enclosure. C. The power supply for the 2200 PCX is external. AC power is not present in any enclosure containing the sample stream. 2.3 Equipment A. The 2200 PCX Particle Counter uses 100-115 Vac or 220 to 240 Vac, 50 to 60 Hz, power. B. The 2200 PCX operates in cumulative/differential counting/transmitting modes. C. The 2200 PCX is capable of self -timing and can operate as an independent device. D. The sensor, 750 by 750 micrometers, is volumetric and the sensing area is the entire cross-section of the sample flow path. E. Cleaning of the sensor for maintenance can be performed without opening the enclosure. F. The 2200 PCX is equipped with a field replaceable flow cell that can be installed without special tools. G. The sensors are calibrated per ASTM F 658, using NIST traceable PSL spheres from Duke Scientific and have size resolution of better than 10% at 10 micrometers (per USP 788). 1-1. Indicators are provided for power, counting display (6-digit capacity), clean sensor, and alarm. 1. The electronics of the 2200 PCX have 12-bit A/D resolution. J. Sensor/counters of the 2200 PCX can communicate to a data collection system using RS485 serial communications. Particle counts are transmitted in raw, total counts (not normalized to counts/mL). K. No input signals from any other device will be connected to the particle counter. L. Units shall be equipped with OPC software and shall be compatible with ICONICS SCADA software, as used by the City of Lubbock. 2.4 Components A. Standard equipment: 1. Sensor/counter 2. Power supply 3. Manual B. Dimensions 1. 21 cm (8.3 inches) wide 2. 33 cm (13.8 inches) high 3. 18 cm (7 inches) deep C. Weight: 25 pounds D. Connectors (inlet and outlet): quick disconnect to 1/4-inch OD tubing 2.5 Accessories A. Flow control: active and passive/manual control devices B. Computer: IBM-compatible C. Software for filter performance. report generation, communication for standalone operation of direct connection to SCADA system. D. Grab sampling instrument E. Junction box for permanent installation PART 3 EXECUTION 3.1 Preparation A. Wall mount B. Indoor installation C. 120 Vac wall plug D. Distance sensor to computer: 1219 m (4000 ft.) maximum E. Computer setting: 9600 baud, no parity, eight data bits, one stop bit F. DC inputs to 2200 PCX with local display: 1. + 15 V v 195 mA (3 W maximum) 2. -15 V @ 40 mA (0.6 W maximum) 3. +5 V (`ci, 55 mA (0.3 W maximum) 3.2 Installation A. Contractor will install the particle counter in strict accordance with the manufacturer's instructions and recommendation. B. Contractor shall remove the twenty-three existing particle counters and store in one central location, as designated by the owner's representative. Contractor shall deliver one complete particle counter to the owner's representative for use as a spare. C. Contractor will verify proper operation of each unit with the owner's representative at the conclusion of all installation work. D. Contractor shall furnish all parts, accessories, and plumbing changes to insure the units function as specified. E. Contractor shall also establish the Ethernet connection between the particle counters and the existing OPC server for the SCADA system. F. Contractor shall leave the premises clean and free of debris resulting from installation. G. Manufacturer's representative will include a half -day of start-up service by a factory -trained technician. 1. Contractor will schedule a date and time for start-up. 2. Contractor will require the following people to be present during the start-up procedure. a. General contractor b. Hach Company factory trained representative c. Owner's personnel END OF SECTION 2200 PCX Online Particle Countinc Look to the leader for your filtration monitoring solution. The Hach Model 2200 PCX is the first particle counter designed specifically to meet the unique requirements of water treatment. The Model 2200 PCX can be integrated into your plant control system, or used with our Water Quality Software products, or both, In parallel. Collected data can be utilized for optimizing chemical dosage, backwash cycles, and filter -to -waste times. Particle count reports can also be used to apply for removal credits and flter high -rate studies. Monitoring the efficiency of your filtration process has never been easier or more affordable! Early detection of filter breakthrough, monitoring of backwash, and demonstrating efficiencies of high -rated filters are only a few of the Immediate uses for HACH's particle counting system. All -in -all, the system is an ideal tool for helping you improve your water treatment/ production process. The 2200 PCX is equipped with a -- local display of particle counts. If you are operating the 2200 PCX in the standalone mode or with the Hach "VISTA" data " collection software program, the display indicates the "normalized" count (counts/ml) 7 i? based on the selected size range, count Li period and flow rate. These parameters are either set in the 2200 PCX or set by the data ' collection software. If operating with analog connection to SCADA, the display is total counts over total volume. This displayed ' information is useful for detecting filter problems with a quick check of "localized" counts at selected stations. Each sensor can accept up to 8 analog inputs from other devices, i.e., pH, turbidity, etc. Then inputs are digitized and transmitted within RS485 output along with particle count data. Each Model 2200 PCX is backed by the most experienced and knowledgeable technic in the industry. Select engineering firms, sta manufacturers, and w any other particle cou the Hach Model 2200 • Volumetric —all partic through the sensing • Supports up to 32 s 8 analog inputs (tur • Operates stand-alon of a networked syst Specifications Counting Range 2-750 microns Maximum Count Displayed 9,999,999 (totalized count, updated at end of each count cycle) Counting/Transmitting Mode Cumulative/differential Flow Rate 100 mL/minute Maximum Pressure 65 psig, not more than 1 minute; 55 psig continuous Sample Time 1 second to 24 hours Hold Time 1 second to 24 hours Zero/Span (20 mA f.s. output) Programmable - 1 to 9,999,999 counts DC Inputs to 2200 PCX +15 v 0 195 mA (3 W max.) -15 v 0 40 mA (0.6 W max.) +5 v @ 55 mA (0.3 W max.) Computer Settings 9600 baud, no parity, eight data bits, one stop bit Fluid Connections Inlet Barbed fitting with self-sealing quick disconnect for 1/4' O.D. tubing Fluid Connections Outlet Quick disconnect for 1/4" O.D. tubing Power 100-115VAC;50-60 Hz Dimensions 13.8'H x 8.3"W x 7"D Weight Plug-in Supply (standard) 6"H x 3"W x 3"D Ordering Information 2200 PCX Particle Counter w/ Analog and Water Weir 2200 PCX Particle Counter w/ Water Weir VIA Vista/VistaNet Software -Windows 95/98/NT 57050-00 57040-00 57015-01 KwvW Inten