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HomeMy WebLinkAboutResolution - 2010-R0559 - Contract 9762 Riley Industrial Service North Water Treatment Plant BID 10-116-FO - 11_04_2010 (3)Resolution No. 2010—RO559 November 4, 2010 Item No. 5.5 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Lump Sum Contract No. 9762 for tank rehabilitation at the water treatment plant per ITB 10-116-FO, by and between the City of Lubbock and Riley Industrial Services of Farmington, New Mexico, and related documents. Said Lump Sum Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on November 4, 2010 J TOM MARTIN, MAYOR ATTEST: Rebe a Garza, City Secretary APPROVED AS TO CONTENT: r Marsha Reed, P.E., Chief Operations Officer APPROVED AS TO FORM: October 20, 2010 BOND C K BEST RATING LICENS��JN TE� DATE ry BY: CONTRACT AWARD DATE � 11 < </ CITY OF LUBBOCK SPECIFICATIONS FOR Tank Rehabilitation at the Water Treatment Plant ITB 10-116-FO CONTRACT: 9762 PROJECT NUMBER: 8556.9241 sAr 4c,'� *slubvo,ck , Ig'Vic of �t a r3 TEXAS CONTRACT PREPARED BY: PURCHASING AND CONTRACT MANAGEMENT OFFICE 1 DATE ISSUED: CLOSE DATE: ADDENDUM # 1 ITB 10-116-FO Tank Rehabilitation at the Water Treatment Plant SEPTEMBER 29, 2010 OCTOBER 13, 2010 @ 2:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall - remain in effect. The following items take precedence over specifications for the above named Invitation to Bid. Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, } shall remain in effect. Bidders attention is invite to review the following: 1. Pre -bid meeting will be held at 10:00 a.m., October 6, 2010, in the Water Treatment Plant Training Room, 6001 N. Guava, Lubbock, TX. • A site visit is scheduled for October 6, 2010 for Bidders attending the pre -bid conference. This will begin immediately after the 10:00 a.m. pre bid conference. • Site visits for the purpose of bid preparation will be allowed with a minimum of 24 hours notification. Site visits will only be conducted during normal business hours which are defined as Monday through Friday from 8:00 am to 5:00 pm. A staff member from the City of Lubbock Water Treatment ... , Department will be present during all site visits. Site visits can be scheduled by contacting Felix Orta (806) 775 -3 150 or by email FOrta@jMlubbock.us . Site visits will not be allowed after October 8, 2010. 2. Specifications for Section 09905, Coating and Painting Specifications for Rehabilitating Steel Water Tank Structures have been updated. Please add the following: PART 1- GENERAL 1.4 SUBMITTALS D. All requests for material substitutions must be submitted to FOrtaAmylubbock.us prior to 5:00 p.m. CST October 8, 2010. Felix Orta, Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806)775-2164 or Email to FOrtagmyhibbock.us . THANK YOU, FeCtx Orta It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the offeror's responsibility to advise the City of Lubbock Purchasing_ Manager 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 Purchasing Manager no later than five (5) business days prior to the proposal close date. A review of such notifications will be made. P.O. Box 2000 ■ 1625 13" Street • Lubbock, TX 79457 ■ 806.775.3150 ■ Purchasing and Contract Management r4t,bliock DATE ISSUED: CLOSE DATE: ADDENDUM # 2 ITB 10-116-FO Tank Rehabilitation at the Water Treatment Plant OCTOBER 7, 2010 OCTOBER 13, 2010 @ 2:00 PAL The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. The following items take precedence over specifications for the above named Invitation to Bid. Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. Bidders attention is invite to review the following: 1. Bidder hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within 120 (ONE HUNDRED TWENTY) CALENDER DAYS WITH A FINAL COMPLETION OF 30 CALENDER DAYS thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $500 (FIVE HUNDRED) for each working day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. 2. The purpose of this addendum is to allow a two month period in which the 6 Million Gallon Ground Storage Tank will be out of service. In the Technical Specifications section 01010 is where the item will be included. Section 01010, Summary of Work 1.2 Contract Description D. The City of Lubbock is going to allow the tank to be out of service and therefore empty for the months of December 2010 and January 2011. Ouestions and Answers: Question 1: Is abrasive blasting allowed on this project? Answer 1: Surface preparation must be SSPC-SP6 Commercial Blast Cleaning, with an Anchor profile of 1.5 to 2.0 mils as per ASTM D 4417, Method C or NACE Standard RP0287. So if abrasive blasting falls under this standard then it will be accepted by the City of Lubbock In the Technical Specifications section 09905 section 3.2 subsection D, abrasive used in blast cleaning operations shall be new, washed, graded and free of contaminants that would interfere with adhesion of coating or paint and shall not be reused unless specially approved in writing by the Project Engineer. Question 2: What is to be done with the sandblasted material? P.O. Box 2000 0 1625 13"' Street Lubbock, TX 79457 ■ 806.775.3150 ■ Purchasing and Contract Management Answer 2: As per Technical Specification 09905 section 3.2 subsection F, the Contractor shall keep the area of his work and the surrounding environment in a clean condition. Also the Contractor shall not permit materials to accumulate as to constitute a nuisance or hazard to the accomplishment of work, or the surrounding environment. So all media must be removed from blasting site. Question 3: What is the coating system that is currently on the 6 MG water tank? Answer 3: The coating system that is currently on the 6 Million Gallon Storage tank is: • 2 Coats of Epoxy applied when the tank was installed 15 years ago. • 1 Coat of Polyurethane applied when the tank was installed 15 years ago. • 1 Coat of Epoxy overcoat applied in 2005. + 1 Coat of Polyurethane overcoat applied in 2005. Question 4: In section 3.03 "Non -Visible Contaminants" (page 09905-11) the specifications reference testing for chlorides. The testing being asked for is generally required for interior surfaces of tanks or bridge structures where chlorides and salts are used. Since we are painting exterior surfaces is this testing really necessary? Is this tank in an atmosphere that would indicate that the surfaces have been contaminated by chlorides? Answer 4: In this section 3.03 Non -Visible Contaminants is referring to testing the coating system on the interior of the tank. These tests will not be required to be preformed on the new exterior coating system of the tank. Felix Orta, Lubbock, P.O. Box 2000, Lubbock, Texas 79457 Questions may be faxed to (806)775-2164 or Email to FOrta@mylubbock.us . THANK YOU, FeCtx Orta It is the intent and purpose of the City of Lubbock that this request permits competitive proposals. It shall be the offeror's responsibility to advise the City of Lubbock Purchasing Manager 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 Purchasing Manager no later than five (5) business days prior to the proposal close date. A review of such notifications will be made. Contractor Checklist Before submitting your bid, please ensure you have completed and included the following documents in the order they are listed. The contractor is only to submit (1) one original copy of every item listed. 1. Carefully read and understand the plans and specifications and properly complete the BID SUBMITTAL FORM. Bid submittal form MUST be completed in blue or black ink or by typewriter. Signatures must be original, in blue or black ink, and by hand. The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated below. In case of a discrepancy between the Unit Price and the Extended Total for a Bid item, the Unit Price will be taken."Include corporate seal and Secretary's signature. Identify addenda received (if any). Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 2. Include BID BOND or CASHIER'S OR CERTIFIED CHECK as your bid surety. Failure to provide a bid surety WILL result in automatic rejection of your bid. Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. This must include the signature of the agent or broker. Contractor's signature must be original. 4. Clearly mark the bid number, title, due date and time and your company name and address on the outside of the envelope or container. 5. Ensure your bid is RECEIVED by the City of Lubbock Purchasing and Contract Management Office prior to the deadline. Late bids will not be accepted. 6. Complete and sign the CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT. This must include the signature of the agent or broker. Contractor's signature must be original. 7. Complete and sign the SAFETY RECORD QUESTIONNAIRE. All "YES" responses must be explained in detail and submitted with Bid. 8. Complete and sign the SUSPENSION AND DEBARMENT CERTIFICATION. Include firm's FEDERAL TAX ID number or Owner's SOCIAL SECURITY number. 9. Complete and submit the LIST OF SUB -CONTRACTORS. DOCUMENTS REQUIRED WITHIN SEVEN BUSINESS DAYS AFTER CLOSING: 10. Complete and submit the FINAL LIST OF SUB -CONTRACTORS. FAILURE TO PROVIDE ANY OF THE ABOVE MAY RESULT IN YOUR BID BEING DEEMED NON -RESPONSIVE AND, THEREFORE, NOT FURTHER EVALUATED. PLEASE INCLUDE THIS COMPLETED PAGE AS THE FIRST PAGE OF YOUR BID SUBMITTAL. (Type or Print Company Name) INDEX 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL — (must be submitted by published due date & time) 3-1. LUMP SUM BID SUBMITTAL FORM 3-2. CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT 3-3. SAFETY RECORD QUESTIONNAIRE 3-4. SUSPENSION AND DEBARMENT CERTIFICATION 4. LIST OF SUB -CONTRACTORS 5. PAYMENT BOND 6. PERFORMANCE BOND 7. CERTIFICATE OF INSURANCE 8. CONTRACT 9. GENERAL CONDITIONS OF THE AGREEMENT 10. DAVIS BACON WAGE DETERMINATIONS 11. SPECIAL CONDITIONS (IF APPLICABLE) 12. SPECIFICATIONS 3 5, NOTICE TO BIDDERS ITB 10-116-FO Sealed bids addressed to Marta Alvarez, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the Purchasing and Contract Management Office, City Hall, 1625 13th Street, Room 204, Lubbock, Texas, 79401, until 2:00 P.M. on October 13, 2010 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: Tank Rehabilitation at the Water Treatment Plant After the expiration of the time and date above first written, said sealed bids will be opened in the Purchasing and Contract Management Office, Room 204 and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in the office of the Purchasing and Contract Management Office for the City of Lubbock, before the expiration of the date above first written. Bids are due at 2:00 P.M. on October 13, 2010 and the City of Lubbock City Council will consider the bids on October 28, 2010 at the City Hall, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $50,000. Said statutory bonds should be issued by a company carrying a current Best Rating of "A" or better. THE BONDS MUST IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND MUST BE DATED THE SAME DATE THAT THE CONTRACT WAS AWARDED. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him. FAILURE OF THE BIDDER TO INCLUDE BID SECURITY WITH THE BID SUBMITTAL SHALL CONSTITUTE A NONRESPONSIVE BID AND RESULT IN DISQUALIFICATION OF THE BID SUBMITTAL. THE ESTIMATED BUDGET FOR THE CONSTRUCTION OF THIS PROJECT IS $ 400,000 (FOUR HUNDRED THOUSAND). It shall be each bidder'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 bid submitted. There will be a non -mandatory pre -bid conference on October 6, 2010 at 10:00 A.M. in the Purchasing Conference Room 204, Lubbock, TX Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing and Contract Management Office of the City of Lubbock, which document is specifically referred to in this Notice to Bidders. Each bidder's attention is further directed to Texas Government Code, Chapter 2258, Prevailing Wage Rates, and the 4 requirements contained therein concerning the above wage scale and payment by the contractor of the jprevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises shall be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons regardless of disability. If you require special assistance, please contact the Purchasing and Contract Management Office at (806) 775-2572 or write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting. CITY OF LUBBOCK Narta ACvarez PURCHASING AND CONTRACT MANAGEMENT OFFICE J I ' t GENERAL INSTRUCTIONS TO BIDDERS 1 BID DELIVERY TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish Tank Rehabilitation at the Water Treatment Plant per the attached specifications and contract documents. Sealed bids will be received no later than 2:00 P.M. on October 13, 2010 at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand comer: "ITB 10-116-FO, Tank Rehabilitation at the Water Treatment Plant" and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: Marta. Alvarez, Purchasing Manager City of Lubbock 1625 13th Street, Room 204 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing and Contract Management Office. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. PRE -BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a non -mandatory pre -bid meeting will be held at October 6. 2010 at 10:00 A.M. in the Purchasing Conference Room 204, Lubbock, TX All persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do not attend the pre -bid meeting. ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the ITB are made by ADDENDA information available over the Internet at www.bidsync.com. We strongly suggest that you check for any addenda a minimum of forty-eight hours in advance of the response deadline. BUSINESSES WITHOUT INTERNET ACCESS may use computers available at most public libraries. 3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing and Contract Management Office. At the request of the bidder, or in the event the Purchasing and Contract Management Office deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing and Contract Management Office. Such addenda issued by the Purchasing and Contract Management Office will be available over the Internet at www.bidsync.com and will become part of the bid package having the same binding effect as provisions of the original ITB. 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 Purchasing and Contract Management Office no later than five (5) calendar days before the bid 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 Purchasing and Contract Management Office in writing or in this ITB 6 should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB 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 bid should be disregarded in preparing responses. A 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. i_ 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these specifications. 4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Purchasing and Contract Management Office and a clarification obtained before the bids are received, and if no such notice is received by the Purchasing and Contract Management Office prior to the opening of bids, then it shall be deemed that the bidder fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If bidder does not notify Purchasing and Contract Management Office before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than rive (5) calendar days prior to the bid closing date. BID PREPARATION COSTS 5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. 5.2 The issuance of this ITB 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 bid shall be paid by the bidder. 6 TRADE SECRETS CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your bid 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 bid 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 bid 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 bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. LICENSES. PERMITS, TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 8 UTILIZATION OF LOCAL BUSINESS RESOURCES Prospective bidders are strongly encouraged to explore and implement methods for the utilization of local resources, and to outline in their bid submittal how they would utilize local resources. ! 9 CONFLICT OF INTEREST 9.1 The bidder 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 bid, the bidder certifies and represents to the City the bidder 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 bid. 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 bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents . for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 11 PLANS FOR USE BY BIDDERS t " It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge or forfeiture of deposit. The contract documents may be examined without charge as noted in the Notice to Bidders. 12 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 12.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the bidder's responsibility to advise the Purchasing and Contract Management Office if any language, requirements, etc., or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing and Contract Management Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. 12.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS, INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) CALENDAR DAYS PRIOR TO THE BID CLOSING DATE AND ADDRESSED TO: Felix Orta, Senior Buyer City of Lubbock Purchasing and Contract Management 1625 13`s Street, Room 204 Lubbock, Texas79401 Fax: 806-775-2164 Email: forta@mylubbock.us Bidsync: www.bidsvnc.com 13 TIME AND ORDER FOR COMPLETION 13.1 The construction covered by the contract documents shall be substantially completed within 30 (THIRTY) WORKING DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 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 ..:' 8 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 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 Q firmware products delivered and services provided under this Contract, individually or in combination, as 9 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 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 t , The contractor will, upon written request, be furnished up to three 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 J' 9 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 bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by - the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 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 in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 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 10 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 bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to fiunish 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 AND THE ENGINEER 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 THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. 26 LABOR AND WORKING HOURS 26.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate 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 bidders' attention is farther directed to the requirements of Texas Government Code, Chapter 2258, Prevailing Wage Rates providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in the contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under the contract requiring an inspector shall 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. 11 26.2 Before construction work requiring an inspector is to be performed on Sunday 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 Sunday or holidays will be made by the Owner's Representative. j 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 3, 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 shall keep a record showing the name and occupation of each worker employed by the Contractor or subcontractor in the construction of the public work and the actual per diem wages paid to each worker. This record shall be open at all reasonable hours to inspection by the officers and agents of i the City. 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, sixty 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 Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the - bidder without being considered. i, 29 PREPARATION FOR BID 29.1 The bidder shall submit his bid on forms furnished by the City, and all blank spaces in the form shall be correctly filled in, stating the price in 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 unit price and the extended total for a bid item, the unit price will be taken. A bid that has been opened may not be changed for the purpose of correcting an error in the bid price. 29.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. 29.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: 29.3.1 Bidder's name Riley Industrial Services. 29.3.2 Bid for 10-11640, Tank Rehabilitation at the Water Treatment Plant 29.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 12 1' 29.5 Pursuant to Texas Local Government Code 252.043(g), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, - ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. 30 BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and will include the --, following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bonds (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates for Contractor and all Sub -Contractors. (j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 31 QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall fin-nish to the City of Lubbock all information for this purpose that may be requested. The bidder's bid may be deemed not to meet specifications or the bid may be rejected if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the bidder 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 bidder. (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 BID AWARD 32.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City shall award the bid based on the total bid for Bid Items 1 plus the sum of any Alternate Bids or Options the City may select. 13 32.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determining the best low bid. Failure to comply with the specifications may f result in disqualification of the bid. 32.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 32.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 32.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 32.6 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 INVITATION TO BID. 33 ANTI -LOBBYING PROVISION 33.1 DURING THE PERIOD BETWEEN BID SUBMISSION DATE AND THE CONTRACT AWARD, BIDDERS, INCLUDING THEIR AGENTS AND REPRESENTATIVES, SHALL NOT DISCUSS OR PROMOTE THEIR BID WITH ANY MEMBER OF THE LUBBOCK CITY COUNCIL OR CITY STAFF EXCEPT UPON THE REQUEST OF THE CITY OF ' LUBBOCK PURCHASING DEPARTMENT IN THE COURSE OF CITY -SPONSORED INQUIRIES, BRIEFINGS, INTERVIEWS, OR PRESENTATIONS. 33.2 This provision is not meant to preclude bidders from discussing other matters with City Council members or City staff. The policy is intended to create a level playing field for all potential bidders, assure that contract decisions are made in public, and to protect the integrity of the ITB process. Its purpose is to stimulate competition, prevent favoritism and secure the best work and materials at the lowest practicable price, for the best interests and benefit of the taxpayers and property owners. Violation of this provision may result in rejection of the bidder's proposal. 34 PREVAILING WAGE RATES 34.1 Bidders are required to comply with Texas Government Code, Chapter 2258, Prevailing Wage Rates, with respect to the payment of prevailing wage rates for the construction of a public work, including a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction. A worker is employed on a public work if the worker is employed by the contractor or any subcontractor in the execution of the contract for the project 34.2 A worker employed on a public work by or on behalf of the City of Lubbock shall be paid not less than the general prevailing rate of per diem wages for the work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. 14 34.3 The State of Texas has adopted the Federal Davis -Bacon wage rates for use in Texas pursuant to and in accordance with the Texas Government Code, Section 2258.022. Bidders may access the U. S. Department of Labor web site at the following web address to obtain the rates to be used in ry Lubbock County: http://www.gpo.gov/davisbacon/allstates.html 34.4 It shall be the responsibility of the successful bidder to obtain the proper wage rates from the web site for the type of work defined in the bid specifications. 34.5 A contractor or subcontractor who violates Texas Government Code Section 2258.023 shall pay to the City of Lubbock $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. 15 BID SUBMITTAL FORM BID SUBMITTAL FORM LUMP SUM CONTRACT DATE: Oct 12, 2010 I- - - - - - -- ----- --- - --- -- -------------------------------------- PROJECT NUMBER: ITB 10-116-FO, Tank Rehabilitation at the Water Treatment Plant Bid of Riley Industrial Services (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Ladies and Gentlemen: The Bidder, in compliance with your Invitation to Bid for the Tank Rehabilitation at the Water Treatment Plant, having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated below. The bidder binds himself on acceptance of his bid to execute a contract and any required bonds, according to the accompanying forms, for performing and completing the said work within the time stated and for the prices stated below. ITEM DESCRIPTION LUMP SUM COST 1. Mobilization/Demobilization: $ i8,130. 00 $ 2. Sandblasting: All labor, materials and tools necessary for removal of existing coatings stem asspecified herein, complete in place. 181,861.00 3. Coating: $ All labor, materials and tools necessary for completion of coatings stem asspecified herein, complete in place. 90 939.00 OVERALL TOTAL $ 280,930.00 Bidder's Initials Bidder hereby agrees to commence the work on the above project on a date to be specified in a written "Notice to Proceed" of the Owner and to substantially complete the project within 120 (ONE HUNDRED TWENTY) WORKING DAYS thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $500 (FIVE HUNDRED) for each working day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. Liquidated damages is the reasonable amount of anticipated or actual damages for each day the completion of work is delayed, generally not enforceable under Texas common law if damages are intended to serve as a penalty or are far in excess of the amount of damages that may be reasonably forecast. The basis for the liquidated damages of $500 is for the Project Engineer, Field Inspector, and Administrative Assistance. With possible fines from TCEQ. Contractors are required under Texas Local Government Code § 252.044 to provide in the full amount of the contract price payment bonds for public works contracts more than $50,000 and performance bonds for public works contracts more than $100,000, and the City withholds 5% of each progress payment as security for completion of the project. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of THIRTY (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within ten (10) business days after notice of award of the contract to him Bidder's Initials l - Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of 5% Dollars ($ ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, 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 bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract C documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error in the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. (Seal if Bidder is a Corporation) ATTEST: n eL" R&-- §-e—cr—etary Bidder acknowledges receipt of the following addenda: Addenda No. 1 Datesept 29, 2010 Addenda No. Z Date Oct7 Ot ZD /O Addenda No. Date Addenda No. Date Date: AVA 2, 4010 AutVrizfd Signature Ralph S. Doolin (Printed or Typed Name) Rilev Industrial Services Company 2615 San Juan Blvd. Address Farmington San Juan City, County NM 87401 State Zip Code Telephone: 505 _ 327-4947 Fax: 505 _ — FEDERAL TAX ID or SOCIAL SECURITY No. 85-0393722 EMAIL:ralphd@rileyindustrial.com M/WBE Firm: Woman Black American I Native American Hispanic American I I Asian Pacific American f X I Other (Specify) small buisness 1 . THE AMERICAN INSTITUTE OF ARCHITECTS �n C- AM Document A310 BOND # RIL126 KNOW ALL MEN BY THESE PRESENTS, that we RILEY INDUSTRIAL SERVICES, INC. 2615 SAN JUAN BLVD , FARMINGTON, NM 87401 (Hero insert full name ,and address or legal title of Contractor) as Principal, hereinafter called the Principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY ONE NEWARK CENTER, NEWARK, NJ 07102-5207 a corporation duly organized under the laws of the State of NEW JERSEY as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF LUBBOCK 162513TH STREET, LUBBOCK, TX 00000 (Here insert full name ,and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid---- ($ 5% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for SAND BLAST & PAINT EXTERIOR OF 6MG WATER TANK AT WATER TREATMENT PLANT, LUBBOCK,TEXAS (Here insert fWl name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealeothis 13t)i day of October, 2010. RILEY INDUSTRIAL SERVICES, INC. (Principal) D � (Seal) (Title) S ec . /-tc- �.►,.>:, INTERNATIONAL FEDELITY INSURANCE COMPANY �� 0 v (Surety) G, i- (Seal) (Witness) JASON K, Attorney -in -Fact ALA DOCUMENT A310 BID BOND AIA ® FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W. WASHINGTON, D.C. 20006 1 f! WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 1 C_ gl � Vt3 .: �-" x � n;r3 S "*xq �s•x± �. :y"3 - e "� 5� � "` x `-rr � { � #� :. A,y�icw.: 3`•'` s f t'.... ham. t - s " ✓- '� "£# st �-� 5y v--+. a, El r FI�C�E (rl�{�N}�[1�F •.- S i -� \� ..4 `�y -3 5 } -. v�,z v'. '. N�vVAIa, l`I�Yi � ��-U/�',r .14V! w a" 3% {. Y'� �'+���v- 4� `� �. z 1 t4E+1QW ALi 11i BY IISE PR?5 F}a1iFK`1liLiD`��.I�if INS CF�MPANY, a c�tpn�ra�fion nrg�inlzed and ex!Btil1} 6 lams of bite Sta!Of i v Jersey t#nd-havi pt►ncip4l Owe,itx the $��hr of Newa��� IVe� Jer�oes hereby constitute and apPattf! � { � e ....... ..« -,.... ti tk-,t• '... ��i F ,.;: }�f �y:• ,�4«r.:: -s.-:. �.y -ri.. AF - �3 r `l7T<It7 AH IDLitTi7N 7SDI, I�. N MCrRR'.' t Ibu ilerque, NIVI r F# ` FSTtEFI ; OIMQ)Wp- ISO f �r yt r �4` be t { k �..a�^: I -� " �• Yx.• : w tl�#; eeietti g�. .,. n... ,..<.Y, f. -.,,. .... .., ,. F. .... .... ...,...< �.,. �,C..& .., S,, �.S• .•�^.:, ,. .'z....:.x tf ,ve... t.. CITY OF LUBBOCK IN,`URANC,F, nl.+'QUlltl,tMENI'I':\t%I I'o t1C C'imlplated by Budder mid Aftcnf \lust be suhIli Ited with_1i>d____--- I, the undet,sigiled Iiidder, ct:rlify thnt the ittsnramwe rcgttircutanls contained in fills hid doeunicut 1111Va: hcen rep iewt d by file wilh 111c below identified Itism-mice Agow/lirokcr. II- I am aw;n•ded this eouU'ae1 by the City of Lubbock, I will he ;thle to. within fen (10) business days after hcing notified ofsueh my;u'd by the t'ily of, L.ubhock', linvish a valid instu-twee eerfificafe to the City n►ecling all ofltte rulnit'enu=ufs defined in this bid. f'cutn'ac:ktr (C_lcif road tiigna c) ConLt'ucfor (Print) CONTRACTOR'S FIRM NANIF: _— _Riley industrial Services, Inc. (1'rinl or Type) CONTRACTOR'S FIR\q A171)IZI:55; 2615 San Juan Boulevard Farmington, NM 87401 Name of Agool/M-oker: Brian M. Menicucci Agettf / Broker (Sigmilure) Address of Alenf/liroker: PO Box 30768. City/stale/zip: All7uguergtie, New Mexico 87'190-0768 Ac�cnl/Broker 'Teloplutfic Numhcr: ( .505 ) 883-368.3 Dme: October 6, 2010 NOTETO CONTRACTOR I' the itnte 1-miuiretnent specified above Is nol met. the ["ify has Ilse rif;Itl to Irc,jeef this hits and mvard the conirat n anuther eootntefor. f1' you have ;my questions eoncernini; these regniventefits, please conlaet the I'll rchusifi nd Cmttrnef I\1am►L;e►nent Oflier I'm- the Ci(y of Imbhork at (806) 775-31511, BID 10-116-14);"I'suik Rehahillfatiao of the I-Nalrrl'rcaUucnl 1'lunf SAFETY RECORD QUESTIONNAIRE 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 bids 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 C-, accurately determining the safety record of a bidder prior to awarding bids on City contracts. - - -- - - _-- _------------ - - - --- - -- - - -- - - - - - The definition and criteria for determining the safety record of a bidder for this consideration shall be: The City of Lubbock shall consider the safety record of the bidders in determining the responsibility thereof. The City may consider any incidents 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 Commission (OSHRC), against the bidder for violations of OSHA regulations within the past three (3) years. 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 not 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 Commission (TNRCC) (predecessor to the TCEQ), the Texas Department of State Health Services (DSHS), the Texas Parks and Wildlife Department (TPWD), the Structural Pest Control Board (SPCB), agencies of local governments responsible for enforcing environmental protection or worker safety related laws or regulations, and similar regulatory agencies of other states of the United States. Citations include notices of violation, notices of enforcement, suspension/revocations 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. Convictions of a criminal offense within the past ten (10) years, which resulted from bodily harm or death. d. Any other safety related matter deemed by the City Council to be material in determining the responsibility of the bidder and his or her ability to perform the services or goods required by the bid documents in a safe environment, both for the workers and other employees of bidder and the citizens of the City of Lubbock. In order to obtain proper information from bidders so that City of Lubbock may consider the safety records of potential contractors prior to awarding bids on City contracts, City of Lubbock requires that bidders answer the following three (3) questions and submit them with their bids: QUESTION ONE Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, or anyone acting for such firm, corporation, partnership or institution, received citations for violations of OSHA within the past three (3) years? YES NO X If the bidder has indicated YES for question number one above, the bidder must provide to City of Lubbock, with its bid submission, the following information with respect to each such citation: Date of offense, location of establishment inspected, category of offense, final dispositi n f offense, if any, and penalty assessed. Bidder's Initials QUESTION TWO Has the bidder, or the firm, corporation, partnership, or institution represented by the bidder, 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 include notice of violation, notice of enforcement, suspension/revocations 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 bidder has indicated YES for question number two above, the bidder must provide to City of Lubbock, with its bid submission, the following 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. OUESTION THREE Has the bidder, or the firm, corporation, partnership, or institution represented by bidder, or anyone acting for such firm, corporation, partnership, or institution, ever been convicted, within the past ten (10) years, of a criminal offense which resulted from serious bodily injury or death? YES NO X If the bidder has indicated YES for question number three above, the bidder must provide to City of Lubbock, with its bid submission, the following information 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 am aware that the informs 'on given by me in this questionnaire shall be investigated, with my full permission, and that any misrepresentation 4 Oissiorls may cause my bid to be rejected. Project Estimator Title 2 '; SUSPENSION AND DEBARMENT CERTIFICATION _ 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 include procurement contracts for goods or services equal to or in excess of $5.0,000 and -all non-pr_ocurementtransactions_(e.g.,_sub_awards to -sub -recipients)._._.___ Contractors receiving individual awards of $50,000 or more and all sub -recipients must certify that their organization and its principals are not suspended or debarred by a Federal agency. Before an award of $50,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a Federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a Federal agency. COMPANY NAME: Riley Industrial Services FEDERAL TAX ID or SOCIAL SECURITY No. 85-0393722 Signature of Company Printed name of company official signing above: Gary Riley Date Signed: Oct 12 2010 LIST OF SUB -CONTRACTORS BID # ITB 10-116-FO, Tank Rehabilitation at the Water Treatment Plant LIST OF SUB CONTRACTORS Minority Owned Company Name Location Services Provided Yes No 1, None ❑ ❑ 2. ❑ ❑ 3. ❑ ❑ 4. ❑ ❑ i 9 5. ❑ ❑ .. 6. ❑ ❑ 7. ❑ ❑ 8. ❑ ❑ 9. ❑ ❑ t, 10. ❑ ❑ 11. ❑ ❑ 12. ❑ ❑ .. 13. ❑ ❑ 14. ❑ ❑ 15. 16. ❑ ❑ fCompany 4--`' Riley Industrial Services Address 2615 San Juan Blvd,. San Juan City, County Farmington 87401 State Zip Code Telephone: -5;05— -397-494 505 Fax: - 326-030 THIS FORM SHALL BE COMPLETED AND RETURNED ALONG WITH YOUR PROPOSAL j IF NO SUB -CONTRACTORS WILL BE USED PLEASE INDICATE SO .L_.a 7 1 2 j. } Ij A) 9 HII, 10-1 10-FO, Tank Rehabilitation a( the W.11CI-Trea I ment Plant UB CONTR, CTORS F( N A 1, 1. IS"I OF S N'lillori(N. Owned C(Imp-.111% Name Location Services Provided Yes No ...... ..... ------ ------ - 10. 10. e. --e t-7%� 19-,j 'Ttka I'-) 606 I jljti FMOI SIIAIT BF (ONIP1.1-I'l VIDAND RFI WITH MIR PIMPOSAI, 11, M) B CON FRA( AIMS WILL BF tiSE) INDICATVI So PAYMENT BOND STATUTORY PAYMENT SOND PURSUANT TO SECTION 22S3.021(s) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN SSO,000) BOND NO. DVIFSU053/6U KNOW ALL MEN BY THESE PRESENTS, that RILEY INDUSTRIAL SERVICES. INC. (hereinafter called the Ptincipatl(s), as Principal(s). and INTERNATIONAL FIDELITY INSURANCE COMPANY EVEREST REINSURANCE COMPANY (hereineAor called the Surety($), as Surcty(s), arts held and firmly bound unto dw City of Lubbock (herainaltcr called Ibis Oblige), In the amount of TWO HUNOREO EIGHTY THOUGAN0 NINE HUNORGO THIRTY AND NO1100 ($280,930.00) lawful money of the United States for the payment whereof, the said Principal and Sutu►y bind themselves, and their heirs, administrawra, executors, successors and assigns, jointly and sovomlly. firmly, by these presents. WHEREAS, the Principal has entered into a certain written ealtraet with the obligee, dated the 4."day of i na to ITS 10-115-FO. TANK REHABILITATION AT THE WATER TREATMENT PLANT, LUBBOCK. TEXAS and said Principal under the law is requited befom commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as folly and to the same extent as if copied at length basin. NOW, THERSPORB, THS CONDITION OF THIS OBLIGATION IS SUCH, char if the said Principal shall pay ail claimants supplying tabor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; ollwwlse to remain in full force and effect; PROVIDED, HOWEVER. that this bond is executed pursuant to the ptovisions of Section 2233.021(a) of the Texas 0overnment Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to too saute truant as if it were copied at length herein. . IN WMESS OF, the said Principal (s) and Surety (s) have signed cud scaled this iratrument this 1_.. TH .... day NOV ' eBEER INTERt4ATIONIAL;flC)ELITY,ASURA,WE COMPANY EVEREST R WSURANCrCO " RILEY INDUSTRIAL SERVICES. INC. Surety /% iI (Coaspaay Name) By: P ul . Rogers ATTORNEY -IN -FACT ( taro) (Title) The undersigned surety company represents that it is duly qualified to do business in Texas. and hereby designates NICK BROYLES an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety 'By: I (Title) NICK BROYL S. RESIDENT AGENT Approved as to Form City of By:'$� City Attomey *.Note: If signed by an Office of the Surety Company, them must be on file a certified extract from the by-laws showing dw this person has authority to sign such obligation. if signed by an Attorney in Fact, we must have copy of power of attorney far our files, STATE O County of W ;JERSEY rx h At t c at Sta 0 of County of SS. On this day of , 20 _ , before me personally came to me known, ar.a known to me to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he executed the sa ne. My commission expires Notary Public -------------------------------------------------------------------- State of County of ss. On this day of , 20 _ , before me personally came to me known and known to me to be a member of the firm of described in and who executed the foregoing instrument, and he thereupon acknowledged to me that he executed the same as and for the act and deed of said firm. My commission expires Notary Public ----------------------------------------------------------- -------- State of NOW NI OD County ofSS. f `7� On this 13 day of Iaaanbix , 2: -_JD, before me personally came _. GFzY Ri1W _ to me known, IN ao hei,.g by me duly sworn, did depose and say that he is the -EW.A2%5- a _ Riley hilztx a Sandcas it corporation descrit°.ed in and which executed the above instrument; that he knows the seal of said corporation; the the seal affixed to said it strume+nt is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name a ereto by like order. N,!v commission expires��— Notary Public ------------------------------------------------------------------- ;state of Co-inty of I SS. On this 16th day of Novemher . 20 10 , before me personally came Paul C. Rogers to me known, who, being by ma duly sworn, did depose and say that he is attorney -in -fact of International Fidelity Insurance Company t•is corporation described in and which executed the above instrument; that he knows the corporate seal of said corporation; that the seal affixed h. the within instrument is such corporate seal, and that he signed the said instrument and affixed the said seal as Attomey-in-Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. CATHY VAZQUEZ NOTARY PUBLIC OF NEW JERSEY My Commission Expires March 27, 2014 My commission expires INTERNATIONAL FIDELITY INSURANCE COMPANY ONE NEWARK CENTER, 20TH FLOOR, NEWARK, NEW JERSEY 07102-5207 STATEMENT OF ASSETS, LIABILITIES, SURPLUS AND OTHER FUNDS AT DECEMBER 31, 2009 ASSETS Bonds (Amortized Value) ................................... Common Stocks (Market Value) .............................. Mortgage Loans on Real Estate ............................... Cash & Bank Deposits ..................................... Short Term Investments .................................... Other Invested Assets ..................................... Unpaid Premiums & Assumed Balances ........................ Reinsurance Recoverable from Reinsurers ....................... Electronic Data Processing Equipment ......................... Investment Income Due and Accrued .......................... Current Federal & Foreign Income Tax Recoverable& Interest Thereon... Net Deferred Tax Assets ................................... Other Assets ............................................ $55,044,308 52,514,550 183,000 100,651,263 33,926 4,000,000 5,820,812 385,409 227,201 479,074 1,331,490 5,100,000 2,151,913 TOTAL ASSETS ................................. $227,922,945 LIABILITIES, SURPLUS & OTHER FUNDS Losses (Reported Losses Net as to Reinsurance Ceded and Incurred But Not Reported Losses) ............................ Loss Adjustment Expenses ........................... . ..... . Contingent Commissions & Other Similar Charges ......... . ..... . Other Expenses (Excluding Taxes, Licenses and Fees) .............. Taxes, Licenses & Fees (Excluding Federal Income Tax) ........... _ Unearned Premiums ...................................... Dividends Declared & Unpaid: Policyholders ................... . Ceded Reinsurance Premiums Payable ......................... Funds Held by Company under Reinsurance Treaties .............. Amounts Withheld by Company for Account of Others ............. Provisions for Reinsurance .................................. Other Liabilities ......................................... TOTAL LIABILITIES .......................... $19,061,512 4,934,305 3,494,103 3,790,080 864,178 30,125,567 484,708 2,340,573 1,031 73,268,661 4,173 3,816 $138.372.707 Common Capital Stock .................................... $1,500,000 Gross Paid -in & Contributed Surplus ...................... . . .. 374,600 Surplus Note ............................................ 16,000,000 Unassigned Funds (Surplus) ................................ 71,675,639 Surplus as Regards Policyholders ................. $89,550,239 TOTAL LIABILITIES, SURPLUS & OTHER FUNDS .... $227,922,946 1, Francis L. Mitterhoff, President of INTERNATIONAL FIDELITY INSURANCE COMPANY, certify that the foregoing is a fair statement of Assets, Liabilities, Surplus and Other Funds of this Company, at the close of business, December 31, 2009, as reflected by its books and records and as reported in its statement on file with the Insurance Department of the State of New Jersey. UTY �pfG 1N TESTIMONY WHEREOF, I have set my hand and affixed the ,2 �oPp0R01� seal of the Company, this 24th day of February, 2010. o SEAI ,C'', o A INTERNATIONAL FIDELITY INSURANCE COMPANY c d c E 0 M y oa 3 0 0 U Y u Q Sta (, of _ County of SS. On this day of , 20 _- , before me personally came to me known, arc! known to me to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he executed the sa ne. My commission expires Notary Public ------------------------------------------------------------------- Ststa of County of I SS. On this day of , 20 ._ , before me personally came to me known and known to me to be a member of the firm of described in and who executed the foregoing instrument, and he thereupon acknowledged to me that he executed the same as and for the act and deed of said firm. My commission expires Notary Publ-c ------------------------------------------------------------------- State of Ian? hi2xim County of Sm Juan SS. On this 13 day of Deamber , 2. M— , before me personally came Gatiy R 1W to me known, w to being by me duly sworn, did depose and say that he is the s=/TMEIs. o� W- Trr3 •mot j al Service d e corporation described in and which executed the above instrument; that he knows the seal of said corporation; the the seal affixed to said it strurront is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name ereto by like order. a � ik!v commission expires Notary Public ------------------------------------------------------------------- State of .+ SS. y Co-inty of ) E 9 On this 16th day of November ; 2010 , before me personally came _ Paul C. Rogers to me known, who, being by ma duly sworn, did depose and say that N 0 C Y u Everest Reinsurance Company ct he is attorney -in -fact of �' — t'la corporation described in and which executed the above instrument; Mat he knows the corporate seal of said corporation; that the seal affixed t,, the within instrument is such corporate seal, and that ho signed the said instrument and affixed the said seal as Attorney -in -Fact by authority of the Board of Directers of said corporation and by authority of this office under the Standing Resolutions thereof. CATHY VAZQUEZ NOTARY PUBLIC OF NEW JERSEY My commission expires My C tiSgj p EXpires March 27, 2014 . •• . ary Pt 11ic Everest Reinsurance Company Statement of Financial Conditions Assets Bonds Stocks Short-term investments Cash Accounts receivable -premium balances Funds held by ceding reinsured Other assets Total Assets Liabilities Loss and loss adjustment expense reserve Unearned premium reserve Reserve for commissions, taxes and other liabilities Total Liabilities Surplus and Other Funds Common capital stock Contributed surplus Unassigned surplus Total Surplus and Other Funds Total Liabilities, Surplus and Other Funds December 31 2009 2008 $ 5,773,382,467 $ 5,181,017,172 829,943,133 820,12 8,828 134,412,211 313,300,219 94,817,515 151,951,115 689,713,751 636, 566,036 163,073,650 157,062,748 769,333, 234 1,084, 61 7,126 $ 8,454,675,961 $ 8,344,643,244 $ 4,067.071,781 $ 4,233,025,580 628,746,171 676,161,243 969,117,612 1,093,081,006 5,664.935,564 6,002,267.829 10, 000, 000 10,000,000 923,400,323 917,986,113 1,856,340,074 1,414,389,302 2,789,740,397 2,342,375,415 $ 8,454,675,961 $ 8,344,643,244 Bonds and stock valued on the basis promulgated by the National Association of Insurance Commissioners State of New Jersey County of Somerset PERFORMANCE BOND It Wmas itiTll1117, Tim 041R,IM W I$ EXECt =1t'*� � EACH 04 OF Kowa jl�lrb-� Nnv�emhe-r� - 2010 STATUTORY PERFORMANCE BOND PURSUANTTO'SBCTION 2253.021(a) OF METMAS GOVERN(MINT CODE BOND NO. MFSU0530U (CONTRACTS MORE THAN $I00,000) RILEY INDUSTRIAL, KNOW ALL MEN BY THESIS PRESENTS, that SERVtCES.INC(hereinaftef called the Principal(&), as Hncipal(4), and INTERNATIONAL FIDELITY INSURANCE COMPANY EVEREST REINSURANCE COMPANY (haeimQar.called the Surdy(s), as Sw%y(sl we held and (fnnly bound unto the City of Lubbock (hcminafler called the Obliges), in the amottnt OfTVYO HUNDRED E04TY THOUSAND NINE HUNDRED THIRTY 1401100 (3200.034410 ul malty 0f the United Staten for the. paynom wbacat this said Prim ipel and SDI" hind themselves, mad their helm, admiaistratom exocueora. Itsooallaors and asigna. jointly ad armaily, flrrrdy by these pro mm WHEREAS. the Principal hu catered into a catain written colonel with the Obligee, dued ire 9, day of Ujn1ftr,jU10 n jQ-11"0, TANK REK4&L1ITATION AT THE WATER TRFATNENT PLANT. LUBBOCK TEXAS and said principal underthe.low is ra WkW born commencing Ills work provWW for in -said conuml to c><wAc a bond in the amount of said eonuwA. which ooauact is hereby referred to and made a part hereof as fully and to the sane extent as Ucopied at WvIgth heroin. NOW, TKWORA THE CONDITION OF THIS OBLIGATION IS SUCH. that if the said Principal shall 11AMWiy perform the wwk in acoorda= with The plans. specifications and contract document& then this obligation shall be void; odmwim to remain in full foray and etrca. PROVIDED. HOWOVB& that this bond is executed puramnl to the provisions of Section 2233.021(s) of the Texas Government Code. and all liabilities on this bond shall be downtined in accordam with the pmvislam of said article to the same extant a If it ware ooplad at length havirt. IN WITNESS. ttie said PtiloiWl (s) mad Suroty, (a) have slgAod uId sealed this Ioainat>artt this 1eTH day o7REL'3U:RANFGE7 INTECOMPANY EVERRItkY INDUSTRIAL BERVICEB, INC. Suret(C vady Name) • By:��s {Print NanaORNEY-IN-FACT (St`aaatre) (Title) The undersigned surety company represents that it Is duly qualified to do business in Texas, and hereby designates NICK BROYLES an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process maybe had in matters arising out of such suretyship. Surety By: (Title) NICK BROYLES, ESIDENT AGENT Approved as to form: zw=y' CityBy: • Note: if signed by an 01711ce of the Surety Company there must be on Ale a certified extract from the by-laws showing.dw 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 liter, 6 I BY I vark, NJ. -."true and laWI and deliV& f6t'and on ,h ara.br rhay 116 allow e of these presents, Y. �* , 'd I I fully ,-,an , Ampl - --- ---- --- Sta 0, of County of ss. On this day of , 20 ____ , before me personally came to me known, ar. a known to me to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he executed the sa ne. My commission expires Notary Public --------- --- ------------------------------ -------------------------- Ststa of ss. County Of On this day of , 20 _ , before me personally came to me known and known to me to be a member of the firm of described in and who executed the foregoing instrument, and he thereupon acknowledged to me that he executed the same as and for the act and deed of said firm. My commission expires Notary Public ------------------------------------------------------------------- State of N2w I•Exico County of Sari JLEn I ss. On this 13 day of Drier , 2: -1.0- , before me personally came M- w )o being by me dilly sworn, did depose and say that he is the Sac•tA-eas• to me known, 0 t Mylntl-ial serykeS f xl a corporation described in and which executed the above instrument; that he knows the seal of said ccrporation; the the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporatbn, and that he signed his name -ctereto by like order. w commission expires 1. / s ! Notary Public ------------------------------------------------------------------- Mate of Co jnty of I ss. On this 16th day of November 20 10 , before me personally came Paul C . Rogers to me known, who, being by ma duly sworn, did depose and say that he is attorney -in -fact of International FlAelity Insurance Company t is corporation described in and which executed the above instrument; that he knows the corporate seal of said corporation; that the seal affixed t,. the within instrument is such corporate seal, and that he signed the said instrument and affixed the said seal as Attomey-in-Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. CA`THY VAZQUEZ NOTARY PUBLIC OF NEW JERSEY My Commission Expires March 27, 2014 My commission expires nta �1 � IC INTERNATIONAL FIDELITY INSURANCE COMPANY ONE NEWARK CENTER, 20TH FLOOR, NEWARK, NEW JERSEY 07102-5207 STATEMENT OF ASSETS, LIABILITIES, SURPLUS AND OTHER FUNDS AT DECEMBER 31, 2009 ASSETS Bonds (Amortized Value) ................................... Common Stocks (Market Value) .............................. Mortgage Loans on Real Estate ............................... Cash & Bank Deposits ..................................... Short Term Investments .................................... Other Invested Assets ..................................... Unpaid Premiums & Assumed Balances ........................ Reinsurance Recoverable from Reinsurers ....................... Electronic Data Processing Equipment ......................... Investment Income Due and Accrued .......................... Current Federal & Foreign Income Tax Recoverable& Interest Thereon... Net Deferred Tax Assets ................................... Other Assets ............................................ $55,044,308 52,514,550 183,000 100,651,263 33,926 4,000,000 5,820,812 385,409 227,201 479,074 1,331,490 5,100,000 2,151,913 TOTAL ASSETS ................................. $227,922,945 LIABILITIES SURPLUS & OTHER FUNDS Losses (Reported Losses Net as to Reinsurance Ceded and Incurred But Not Reported Losses) ............................ $19,061,512 Loss Adjustment Expenses .................................. 4,934,305 Contingent Commissions & Other Similar Charges ................ 3,494,103 Other Expenses (Excluding Taxes, Licenses and Fees) .............. 3,790,080 Taxes, Licenses & Fees (Excluding Federal Income Tax) ............. 864,178 Unearned Premiums ...................................... 30,125,567 Dividends Declared & Unpaid: Policyholders .................... 484,708 Ceded Reinsurance Premiums Payable ......................... 2,340,573 Funds Held by Company under Reinsurance Treaties .............. 1,031 Amounts Withheld by Company for Account of Others ............. 73,268,661 Provisions for Reinsurance .................................. 4,173 Other Liabilities ......................................... 3,816 TOTAL LIABILITIES .......................... $138.372.707 Common Capital Stock .................................... $1,500,000 Gross Paid -in & Contributed Surplus .......................... 374,600 Surplus Note ............................................ 16,000,000 Unassigned Funds (Surplus) ................................ 71,675,639 Surplus as Regards Policyholders ................. $89,550,239 TOTAL LIABILITIES, SURPLUS & OTHER FUNDS .... $227,922 946 1, Francis L. Mitterhoff, President of INTERNATIONAL FIDELITY INSURANCE COMPANY, certify that the foregoing is a fair statement of Assets, Liabilities, Surplus and Other Funds of this Company, at the close of business, December 31, 2009, as reflected by its books and records and as reported in its statement on file with the Insurance Department of the State of New Jersey. 0 IN TESTIMONY WHEREOF, I have set my hand and affixed the CD SEAL C, seal of the Company, this 24th day of February, 2010. r y 1904 �. o �y�1N *E A�a� INTERNATIONAL FIDELITY INSURANCE COMPANY Sta a of SS. County of E m vrn m On this day of , 20 _ , before me personally came °e to me known, u arc! known to me to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he executed the a sa ne. My commission expires Notary Public ------------------------------------------------- --- ------ ---------- Ststa of County of On this I ss. day of , 20 — , before me personally came to me known and known to me to be a member of the firm of described in and who executed the foregoing instrument, and he thereupon acknowledged to me that he executed the same as and for the act and deed of said firm. My commission expires Notary Public ----------------------------------------- ------------------ -------- State of NEW AXiC County of } SS. f `ham ) On this 13 day of Decwbw , 2: 10 , before me personally came _. Guy RilEy to me known, w )o being by me duly sworn, did depose and say that he is the sac.%• o aley RAztrial SwAces tt a corporation described in and which executed the above instrument; that he knows the seal of said corporation; the the seal affixed to said it struntent !s such corporate seal; that it was so affixed by order of the Board of Directors of said corporat;on, and that he signed his name J Preto by like order. 1commission expires 7 d 3—/ Z Notary Public ----------------------------------------- ------------------- State of Co inty of Ss. On this 16th day of November ; 201 O , before me personally came Paul C . Rogers _ to me known, who, being by ma duly sworn, did depose and say that he is attorney -in -fact of Everest Reinsurance Compaity t't3 corporation described in and which executed the above instrument; that he knows the corporate seal of said corporation; that the seal affixed n, the within instrument is such corporate seal, and that he signed the said instrument and affixed the said seal as Attomey-in-Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. CATHY VAZQUEZ NOTARY PUBLIC OF NEW JERSEY My Commission Expires March 27, 2014 My commission expires otary Ptt Everest Reinsurance Company Statement of Financial Conditions Assets Bonds Stocks Short-term investments Cash Accounts receivable -premium balances Funds held by ceding reinsured Other assets Total Assets Liabilities Loss and loss adjustment expense reserve Unearned premium reserve 77. Reserve for commissions, taxes and other liabilities Total Liabilities Surplus and Other Funds Lj Common capital stock Contributed surplus Unassigned surplus Total Surplus and Other Funds Total Liabilities, Surplus and Other Funds December 31 2009 2008 $ 5,773,382,467 $ 5,181,017,172 829,943,133 820,128,828 134,412,211 313,300,219 94,817,515 151'951,115 689,713.751 636,566,036 163,073,650 157 , 06 2, 7 4 8 769,333,234 1,084,61 7,126 $ 8,454,675,961 $ 8,344,643,244 $ 4,067,071,781 $ 4,233,025,580 628, 746,171 676,161,243 969,117,612 1,093,08 1,006 5.664.935,564 6,002,267,829 10, 000,000 10, 000,000 923,400,323 917,986,113 1,856, 340,074 1,414, 389,302 2,789,740,397 2,342,375,415 $ 8,454,675,961 $ 8,344,643,244 Bonds and stock valued on the basis promulgated by the National Association of Insurance Commissioners State of New Jersey County of Somerset CERTIFICATE OF INSURANCE LBAUER ACORU" DATE (MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCEL'.-11/16/2010 - - -- - ---- _._- --- -- - --- - _... __._..- -- - THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED 1 REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. 4 - -- - - --. .....-... - - -... - -- - IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to l the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Menicucci Insurance Agency LLC PHONE - 8801 Jefferson NE, Bldg. C EwcA,rLo,.Ext)_�505) 883 3683 _. _.IFAX (ac,NP) (505) 883-2827 Albuquerque, NM 87113 ADDRESS: ....... . PRODUCER CUSTOMER III RILEIND-01 T _� INSURER(sl FFORDING COVERAGE INSURED ; INSURER A: National Union Fire Ins. Co. of Pittsburgh, 19445 Riley Industrial Services Inc. j INSURER 8: Everest National I `? PO Box 2014 INSURER C:Now Hampshire Insurance Co Farmington, NM 87499 IlJSIIPPPn• -- COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: ---- -- ........ ..._.._.... - - - - - ._..... .._. _ __..- ......... THIS IS TO CERTIFY THAT THE POLICIES 'OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR iADDLiSUBR - POLICY EFF POLICY-EXP LTR TYPE OF INSURANCE INSR W VD _POLICY NUMBER LIMITS (_lMM/DD ........ . --- - GENERAL LIABILITY ii I EACH OCCURRENCE $ 1,000,Q -DAMA A E T R TES -- i X COMMERCIAL GENERAL X X 1949800 5/1 /2010 5/1/2011 PREMISES Ea occurrenco�— $ 100,a CLAIMS -MADE OCCUR i I j MED EXP (Any one person) $ 5,0 GENT AGGREGATE LIMIT APPLIES PER POLICY...'• I JECT...........I�L..LOC._.._. _ ............... AUTOMOBILE LIABILITY X X A X ANY AUTO - ALL OWNED AUTOS - SCHEDULED AUTOS _ X HIRED AUTOS € X i NON -OWNED AUTOS ; I UMBRELLA LIAR X OCCUR i -- EXCESS LIAR CLAIMS MADE B - X X 11C2000088101 DEDUCTIBLE i j RETENTION $. ... ..............._ '_ ................ ......... i WORKERS COMPENSATION j AND EMPLOYERS' LIABILITY Y / N i C I ANY PROPRIEfORIPARTNERIEXECUTNE iI 119SM50 OFFICER/MEMBER EXCLUDED? :NIA! X (Mandatory in NH) , PERSONAL & ADV INJURY $ ----------------..................................................................... GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ - ...... .... $ _....._... ....... COMBINED SINGLE LIMIT(Ea $ 5l1/2010 5/1/2011 --- accident) BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ i 1 PROPERTY DAMAGE $ (Per accident) - -- - - - $ EACH OCCURRENCE $ 5/1/2010 5H/2011 AGGREGATE $ 5l1/2010 5/1/2011 l E.L.EACH ACCIDENT E.L. DISEASE - EA EMPLO_ YE�.: Pi rIICPARF-Pni iCV IIWITt 1 1 ...... ...... - - -- ----- I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) - LIMITS OF LIABILITY SHOWN ARE THOSE IN EFFECT AT POLICY INCEPTION Re: All Work Performed by insured for the City of Lubbock The City of Lubbock is named as an additional insured on all policies except workers compensation. A waiver of subrogation in favor of the City of !Lubbock applies to all policies. Additional insured endorsement on General Liability Includes products and completed operations. __. CERTIFICATE HOLDER -- - - -- CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Lubbock THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P O Box 2000, Room 204 ACCORDANCE WITH THE POLICY PROVISIONS. Lubbock, TX 79457 AUTHORIZED REPRESENTATIVE 01988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD CONTRACTOR CHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: 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, 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. 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 512-305-7238 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 (IT) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (IT), with the certificate of coverage to be provided to the person for whom they are providing services. CONTRACT CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 4th day of November, 2010, 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 Riley Industrial Services of the City of Farmington, County of San Juan and the State of New Mexico hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID 10-11640, Tank Rehabilitation at the Water Treatment Plant 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 fiunish 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 Conditions of Agreement. Riley Industrial Services bid dated, October 13, 2010 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 bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. CONTRACTOR: Riley Industrial Services t By: PRINTED N : Geor e W.Ailey I I I TITLE: Vice President den COMPLETE ADDRESS: Company Ri 1 Py Tridustrial Services Address 2615 San Juan Blvd. City, State, Zip Farmington, NM 87401 j ATTEST: Corporate Seqyxy CITY OF LUBBOCK, TEXAS (OWNER): By: MAYOR ATTEST: City Secre ry APPROVED AS TOONTENT: Reed, APP AS T ORM: City Attorney Officer 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 1 Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit Riley Industrial Services who has agreed to perform the work embraced in this contract, or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative Wood Franklin, Chief Civil Engineer, so designated who shall 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 shall act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificates, and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents". 5. INTERPRETATION OF PHRASES 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 shall look exclusively to Contractor for any payments due Subcontractor. The City reserves the right to approve or disapprove the selection of any subcontractor(s). 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 Office 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. 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 shall 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 shall not be required to make exhaustive or continuous onsite inspections to check the quality or ` quantity of the work, nor shall Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's j Representative's rights of entry hereunder, the Owner's Representative shall not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES All lines and grades shall be furnished 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 shall 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 are 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. 2 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 i_ work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish ali 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 4 by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any Office, 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 are 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 shall be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests shall 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 4 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 required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. L_ In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, 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 l 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 shall 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 bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EOUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase 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 a 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 Offices, 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 shall be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self- insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in 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 TO INCLUDE PRODUCT-COMP/OP 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. THE ADDITIONAL INSURED ENDORSEMENT SHALL INCLUDE PRODUCTS AND COMPLETE OPERATIONS. A. Commercial General Liability Insurance (Primary Additional Insured and Waiver of Subrogation required) The contractor shall have Comprehensive General Liability Insurance with limits of $500,000 Combined Single Limit in the aggregate and per occurrence to include: Products & Completed Operations AGG Contractual Liability Personal & Adv. Injury B. Owner's and Contractor's Protective Liability Insurance. For bodily injuries, including accidental death and or property damage, - NOT REQUIRED. C. Comprehensive Automobile Liability Insurance (Waiver of Subrogation Required) The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, 50$ 0,000 Combined Single Limit, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. D. Builder's Risk Insurance/Installation Floater Insurance - NOT REQUIRED. E. Umbrella Liability Insurance - NOT REQUIRED. F. Worker's Compensation or Occupational Medical & Disability and Employers Liability Insurance (Waiver of Subrogation required) Worker's Compensation or Occupational Medical & Disability Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least 50$ 0,000 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC- 82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in 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 (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; (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (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 Offices, 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 12 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 Offices, 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 Offices, 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 t Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. 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 Offices, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The. Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. 34. TMffi 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. 13 If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $500 (FIVE HUNDRED) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every 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 THE IS OF THE ESSENCE OF THIS CONTRACT. 35. THE AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TMIE OF PERFORMANCE The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS 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 14 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 to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. In the event the amount of work to be done and materials to be Punished 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 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 Offices, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and. stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there t 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. 15 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 r prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by - the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. 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 31st 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 i 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 16 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. 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: 17 (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which 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. f 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 $9 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. 18 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 i Contractor is 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 $50,000. All bonds shall - be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. 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 19 Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products orbyproducts 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. 57. THE CITY RIGHT TO AUDIT At any time during the term of this Contract and for a period of four (4) years thereafter the City or a duly authorized audit representative of the City, or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided under this Contract. In the event such an audit by the City reveals any errors/overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 20 No Text EXHIBIT A GENERAL DECISION: TX20100296 06/25/2010 TX296 Date: June 25, 2010 General Decision Number: TX20100296 06/25/2010 Superseded General Decision Number: TX20080296 State: Texas Construction Type: Building County: Lubbock County in Texas. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Modification Number Publication Date 0 03/12/2010 1 03/19/2010 2 06/25/2010 BOIL0531-001 07/01/2008 Rates Fringes Boilermaker ....................$ 26.02 13.66 ---------------------------------------------------------------- BRTX0005-004 06/01/2009 Rates Fringes Bricklayer .....................$ 24.16 8.31 ---------------------------------------------------------------- * CARP0665-002 05/01/2010 Rates Fringes Carpenter ......................$ 20.18 5.56 ---------------------------------------------------------------- ENG10178-004 12/01/2009 Rates Fringes OPERATOR: Forklift ..............$ 21.20 9.35 ---------------------------------------------------------------- IRON0263-017 06/01/2008 Rates Fringes Ironworker, reinforcing ........ $ 20.90 4.60 ---------------------------------------------------------------- PAIN0053-003 04/01/2008 Rates Fringes Painter - Brush, Roller & Spray ............................$ 15.81 4.56 ---------------------------------------------------------------- PLUM0629-019 06/01/2009 Rates Fringes PLUMBER/PIPEFITTER...............$ 20.25 6.25 ---------------------------------------------------------------- * SHEE0049-007 06/16/2010 Rates Fringes SHEETMETAL WORKER (HVAC Duct and System Installation Only) .... $ 21.20 -----------8.95 ------------------------------------------------ SUTX2009-168 06/03/2009 Rates Fringes CEMENT MASON/CONCRETE FINISHER ... $ 18.58 0.00 ELECTRICIAN ......................$ 18.09 2.36 IRONWORKER, STRUCTURAL ........... $ 10.38 0.00 LABORER: Common or General ...... $ 8.86 0.00 LABORER: Mason Tender - Brick ... $ 11.00 0.00 OPERATOR: Backhoe/Excavator..... $ 13.81 0.00 OPERATOR: Blade/Grader .......... $ 12.97 0.00 OPERATOR: Front End Loader ...... $ 12.23 0.00 ROOFER ...........................$ 12.06 0.00 TILE SETTER ......................$ 8.50 0.00 TRUCK DRIVER .....................$ ---------------------------------------------------------------- 10.15 0.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. -------------------------------------------------------- -------------------------------------------------------- Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR ---------------------------------------------------------------- 5.5(a)(1)(ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: 'I1 * an existing published wage determination t__ * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations - Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CPR Part 1.8 and 29 CPR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested i I I I f I I I I I f I I party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION EXHIBIT B 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 C Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the Fair Labor Standards Act. No Text aity of Lubbo&- .Nb'Rc:Work&:ft&eer!ng- SIM A M N ,��,,� t, North. W 'la t Lubbpck TO" B i( L.REHAi3t I T' ' Tto t i=1 I:,i N a-A-U 34 GR' STMAORT ;$HCTIONOIW 3140"YORWOR4 04 GENERAL 1.1 SP-MON INCLUM4 Av Couttact D4=ription. B.. W-bit by Ciontiactor. C Owner-andContractor Responsibilities. 0". Cojiuwtoruw� �.L Work- Soq - , Owner Occup4ncy. Worranty L Owner" Representative., CONTRACT DESCR, IPTION project B. Contract Type. L=p SUM. forvarl us items of work on tank, ftre vall'be a- s Ie-vlsitalim, The ltontractorshallbo responsible for determifilng the iacce Wbility and stotoge spa4egavailable. attach site. All `costs fear: accessibility ind stmp shalt be inthis. contract, D. Contract Ti-mo-fortite: work to be verformed on the 4 MG water storage tank -aWatet days Rehabilitation 6, W Water Tank -0 -.16 - 1: 10 - to. ftoceed. Plus. 30 per. day. 1;3QII Cl`RACT A The Cot racYc shall.perf a1 tlxe work spud ian, tl .intfi tliral sections and- shad ' 610de the %llowing . tx At�y c for t�mt�c�rary ra s:�rtta�[e�s, �t���or p�a�i�g;.:a�ctr�:ta�npc�a�y , Design. and constructa, grnundl (ta Vrc tion system to prevent any ; , Tlesit n and. cons ct a c �zitaXnmenC.Sstma . stermwater: runoff �d trun ctn. IA OWNERAMCONTRACTORRESPONSIBIUM. A,, t wnees Responsibilities Y, size r twOut�rxe vowed ahopT.�.r w �Prodtiet DAMand:S es: tin delivery. nspectProducts. jozntly with �ol tracior. Contractor's Resp4nsibilit es;: l.. Arrange and pay fc�r Pix�iluct rleTive�y to site Roceive. and anlnad Products at, site; inspect for completems oar damage jointly with ter, 3. Anango Wmmufacture& warrardtesinspections, and service: IS CON't'`RACTOR RISE OF 4SI A. Accossio Site.11z IjWtod to Owner aud. Contractor only. I `iime'1 tr ctions. £* Perf'onwing Woik- Monday, o Pr3day, 8 a m. t.� � p gin.: X-equ st� n writing 3 working d in advance. for work to be perfo teed outside %6 desigoated _ werkuag_dwe.. 1.5 "i ORK SEQIYENCB A. Perform external tankpreparation including the oommercial blasting cleaning of the tank. B. lrnplemntthe proper sedes;of primer, intermediate, and fixWly top coat for the:6: million-gollonwaterstodge.tank;at: ater'tre Plant with system, C Final -inspection of each stage shawl be accepted by the Owner's Representative before. the.cornrnencement of any worts on tire.next-Stajo . 13 OWNER OCCUPANCY A: The Owner will ocmpy, the site during the ent re.repainting operation; B. Cooperate with Owner to: minimize conflict,. and to facilitate goner`s°operations outside the: site, C. The WAtear'Storap Tankmiff-reaWn la:service . durf. ag the rebabiiitation.of the tank. Nc�zQtt �'atar T�catm�t t'iantt R,eshuhtWdon-6 P40 Wacec Tank; 61010 - : Aupst Mo: A. Contr4d I or shall ptovide a wananty-for one,(I) year after the -4W.of final.Amptwcod ftwork. B' ;A"I Owm� tha co , and p C, CQAtrAlp(or shall remedy any defectsrkmaxIMAR ay f6r,Any and ealld4mageo -0 ucz A. Co shah lmnedfote�,Y, correct any damage to the. property. to the satisfaction atiActor the; proper x.. tion of 'er;!'Poment S641-be wi IdAnthe Any amount claims property as the C =_Iaw;sa"ed.' 11,16, OWNERS UPOSENTATIVF, A. wud'.s:RppresmtqAve shah 11* L Wei FhAft. PA .CMe('Hnginqq.r wawrl utilities Engineering Cit y of Lulsboc- k - RD - Bdi 2000' TX 79457 PART 2 PRODUCTS. NoMied. p 3 ECG" `T� Nqt Vted. EMO W , SPI I 046to'.-3 Cgl'�TItA.G� �.y�jh:7�A3kS.['XT��F'1i]" KART I MNMAL Ll SECTON IKCLUL7 -__ A. Schedule bf Values: . R, .Application for payment C, Change Proced ro.. �; 'l�efect_;Aases3111�it% L, Measurement and Faymeut= Lump, Sum i;2 wSCH %JL>✓ (?P ALUES A: Submit .a. Printed scheduIo on AIA: Farm G703- .Applicaiien and, Certificate for Payment COntitkU91101IShOL C,ontmetaeg standard f' -nfelectroaic,mewill bu: considered, B. ,Submit Schedule: of Values. in d4plicate within 5 days after date established in Notice tag Proceed. C, Pormat:t ftemizo based oa individual tank; U: Includ6 with each link tt m. a tuna proportionaL mount of tQatrado4 overhead and profit.. X Revise scheuie to list approvedChange-Orders, w th each Application'Far Payment. 1.3. APPPUk7A'TIONVOR PAYi�I�W A. Submit the copies: of each.applccation on AJA Form, G70 - Application, and Cerd &ate for Payment and AIA G703 - Continuation. sheet or Contractor's electronic - in a driven font. B. CrtnCeni and Format UWzee ofalttes for listing itns in Application for Payment. C Paymen%.Per od: M-onthlyK:submit'applicatibn for payment atAho i.t th clay of -each month.: D: Include an updated constmetion ptugiress schedule, with each application, forpayttiem I "ubm t the following along with the upppl cation- for � 1 payirzpot= L. The docuwentction:for the coin emd ad for;the.,hazardots waste if.necessury. .rgcced affidavit by a I+iatary Public #hat allclaina�s pan ths.dnb have.bn settll. 1. Cti aftetor-warmud a for thb iob shall bee sianeti :ad sodZ4 bar a Notary Public . tor& Water teauneAtPlapt Rehai�i�tfunb MCI wateriTank tll�3J --f Aa�st 201ii V ' 1.4 X AI,., Rl C, D, 'Stipulated Sung 'age Oridcr Bascdon Proposal Requo"sit an Coutwtpe.i fixq,4pn pe_.. e jpfbr-;iChwgi'O:,rd, ppamne odby owes quotaUAo-,o�'C_qx*uctoj, 4, reeqt RepmSentative, E MAWW* 06WIeO. fiords of work, donev onnme and Migerial basis.. Provide futt idormationr-eQaired fiorev,atuatibn-ofprop-os4:dcWn*ft-and -tosubstauii*-costs.- r fo Changes %Au:the'WQ& F. Execution&�p . . will ' othangoWers-lbr , of Change Orders- Owneg's Repm , tativev . issu of pg* as Foyided'the06ieralO*A!Orm LS DEFECT ASS'9$SMENT A., Itcpai 't any wo* that -is cpasl4erp-d ddbc by -the Ownerl Representative andW-Ihe g-ngincer. -s-sud-scop tion. t.6 MEAS A Y LUMSU M:. M PA_ A. Auth a Mmw ment.methods are based'upon peNentago.of 1pornpletion on ijjdi'� d fternspf work on tank, Takopeagmment's and cgnqwe according 0. the percentagp Qfc.omplotion. Vedff�-:ttw_ quantities with the Ownes, fitepresentativii ID4. Payment �ncudes: P"" "0"1 d ,,�hcififi pllc% "i9trt ©rutslmf: hon of an item the ifi%rk.c�vezhead antl.pxofit. PAXT1. PROMM 4. Not, Used,. PART. 3 EXECUTION N61 Used. END. OF SECTION North Water TmaumaPlant, Reh"taflon 0 MOWmtcr Twk. SWPON OWjO 1. ubn Cis on tf fist o ;S�alicgntra t r , ilst cif produ ts� spliedt>ltr.of val t- and progress schedule, DOZ7 gnpoon of persopnel re resentlttg pales, iA Co itract. .3. Procgdgres and processing. of field decisions, WbinittaX � substitut�c�ns applications for payme ,,:proposal regtVst, Change t3rders; no C:ou.. 'alai . Scltexiuilin& Notiice'to proceed. 6. Emergency- telephone .contacts for Dwiftt±r and C ontmtorr !..4r PROGAM`MEETINGS A. Ow.per's Representative wilt make a�u �emeat;for. meetings ...pnepare,agehda h*, copies for-patrt►cipapts, pre .I aneet tags.. North tTtilaterTromeat Ph at Rehab tataata o MG'W«a1te *ik 01MV R 1 August *1® El END OF SEMON vonationt A, $obmitW- Pr9ce.0pres. -CbnstmcUonTmV=Schc4qI-es; posod-Pmductstist. D. - Product Data. Test Appods, G C e tL Contractoes Field Reports. I.Emcdons:Dmwings- 9 11: RMAM 00I'ION� A.; Section 0101.9,-Conwwt- Considerations. Section ,01700.-Cori motCtos"ut.'Contw' warranties,. bonds, manufactured cerfific F aWand:do -outpbjnittals. 1.3 SUBMWMLAOCEDURI�S X Transmit each. suWdRd to Project Enginew. lash Mstinek Civil. Engineer Associate .LTti%it es Engineering fit -of-Lubbock, R.O 00t. 2000 Luba ;TX19457 B.., Vansmit thme(3) copies: oteach suilitraittal'unless othetvvise:ksp-mf ied, W, the individu WWI D; le : Ssu irr�s; to exp i.t$ .too Wit! aasd dea r to Own s: R rosentabve at bu"" tL t cli subtrtti� for xevx�v�r, alto to;T - 0 � Osys gxcI cjng 44yM t'imw to and tmm Fore ,tho �s Re preseutabt".. 1+; ::Tsien4j: r vnnatiQns_#om Oalttract lac cutneuts and I? iuct or systems � umitaaorls va+ilich ilkwbe detrii11 a ;to.: successful performance:of the completed WO& fir; When revised for resubrniss a, x ienfify 4 changes made si -prevaous submission. t bute copies of r tv�owe s4 p tta s .its ap Pri :. inshuctparCi+es top ?raptly report any Inability to: comply mhh requirements. Xr ,Sub.nnictal$ not:requested will taot i5e recognized?T7Cese., . '$gb.mittals will not be..Accepted,fr9m subcontrao;tors, suppliers, or -anyone other than. the. Contractor. IA CONTRUCTIOIwi M0r913S$ SCHEDULE A. Summit initial schedule in duplicate within. ,;Oo ($ clays. after :date of Notice to Proceed. B 'Itevlse: and resubruit as required,; C. , Submit-ravisecl'schedules with each Applipation for l��tytnent, .tdentifying ch*nges:since: pteviQUS version,. 1). r ili?A t a h9rizontO li1l chart W1 t se pproo. 1it Ot. e G :li jor :wc. 011 of WtJLi4 : tltiFfr AdeY.ndying t work. day -of -each = weik. - E. Shaw compXete nco>€ nstmc�:by actiiv E3rg d ►�It�f ring Work of seg rate stages andoIjier Iojieally group.e.d activities. F: Indicate estimated percentage of.completion forel.ick item of V pork nt each submission. L r PROPOSEU::I RODUCT- 3 LIST A. ltitinl felt (l.0 days after. dale c f loot 'roceed su$mit list°vf-maj0z prc duc s: proposed. f6r. use, with name of. manufactum. trade name., and m(Ael iiumbor of each B. for products speed otdy by ference,sta lords, gtve:manufacturerArado name. model or catalog.. designation, attd reference standards:. 1.6 PR.(0) 7-` DATA F A. Sub the number of copses vt► eh the Contractor re ,quires, plus two —copes lack wtil be:retained by vrtea'':s Repmentat ve. B; Indicate condions requirixig special attention, and special environmental critxa: required for $pplicati+r North'4UaterMew"- It Plant itehabitit t on 5'M(# Vatsr't'anit_ WOO 2 August 2010 C Aber reviewprovide coOes -for documents descdbed in geetion 01700 1.1 SAMPLES A. dolor approval, $ IWude iden cation an each sampl e4 w roil P"'.ect _itrformation C. bm t the xwcn er.-€ F sart plcs spcei re+d in �ud�vidual:speci cati�on;s OOO . w maybeused in the Wor r m. momted n t►divitdual specificegon _seedom $.. 'dales �Il rtot.be used fvrtes�irg purposes runless speci%tealty.stated %.the. &pecifibation, sw. don. 1;,8 TOTRP1T`S:+ Stsrnit to ftYkqjw En sneer bent test �reper far inftrmation►xttxe-linuted purposo of assessing conforrnanr -7 {i i O �t�o11 given and the - design concept expressed in the conntre documents. 1.9O''t7'.5D;t�F+3RTa' A. Wilnia n and sahm t ;chitty lags for thJs prpjecO dudug the application of payment and Upon mquestkim the C)wnec's-I2epresentaitye Nutt, WAt$s Tr ttO#t PIOV RebabilOWW16MOVl te�T it 300,-_3 AO$M2010, ON SOLYMON PART 10MRAL i S]BCrjON__ A. T.;Tporay U Midm- B!,ectri.citylighting , heatmenfilation., water, and sanitary faeikties T=V.omryCoji4*qlsi Barri s protectitnii.of the W and wateucollepl. �Ork, C. C.—mtruction-'a; WilitiOS. TWOPO"ry decontanAnation area, progress cleaning and pro ject sipage, 4.2 TEMPOWY WXPMJO" A. Contractor- shall arrange and -# an other energy pybr all electrical power Usage-, d' - needed tocomplete: the protect. W Contmetor.swnot. 'd"Otow nor S us:of f-Sitoionot lintii�d tq any existing eletcical services on:ste< 1.3., TP� 'LIGHMGj;QR CONSTP. I TX 3I PUAPO X, Wovide,14 dma" ufflj Ignt'jigh - war w u intgo g Ongj# the area to p et.Q...S.11,k reqWmme4K A, Contractor Aall Arty OppQ,4it mid secpm tim hydrant pieW by. calling Paut, ,Nol6% 775-��'274,7'-orBim,Ren&n. (,900IM4M.atweiterOper-4tiDM,402-- br4� fAbock, . Texas, 7940t. B. Contractor shall pay for cost of water used for construction purposes. Exercise Measures icy conserve:water CQntracto Tshall qoQWinate.wiW.#je Pro*ect Engineer on ti.mely delivery of the. monthly water bM assopidbi:41i0th the A water Is LM .E. TWO sermon rl s nx i pre+rlude the Contractor from se PS: other water ter sources for use -in cpastructioi Such water resources "I mom:do purity requirements fair tfieintended-use: 1,5xr Ti't1►�.Y SANITARY FACILITIES; Am Contractmltp-pxovxdqandmaininreqdW facilities and enclosures: Do not discharge ot(*. e City sanitary-AmersYsterm �x�W.'aterTank '01150-0, - I August 2010 1,..6.- BARRIM , an A. 10 tie M. ble m Otom p pq I 000y, LID RepaJuting Steel Tank ROOT) Out.(fn redY Authorized Personnel Only For M-AbIrMA " please call.. Contractarsinformation, B. I tMct -Ow site at---fDW sides .JWftc wgk�. posts Construct wwporary i ' .. odfor 4jescsips. NQ othor signs amallowea Without Owner"s-Ropm- eniativa, appwmat-except those requitod by law. ApPst-Old .."OY-M-OF.U. IMUS A-;-LX-MA -CONT-R., U t 4U0e,%,-equlp= mAmaces pxior to aean-Allorep w* damage umv wo& Restore e?d;Ohg And perrnane facilitxe use'. dining condition.. Resiore-pemiancmtfaoihtica-used dut ing cons"ction to ip"R, f%W,2 PRIODU=� Not Used. PAUT I EXECOlION �44vwdL END OFSOON 01500r,3. A'ust 2W� Wmlfl�w I A. Submit wri4moeriffication that Conumet-DocumentsIx-vebieco, reviewed', WOW . has. bm.iAsPedxd*;and 0wtW- Is comple-win acocow4am with tontri-wt-Doeutnents- and xety`.fox Owne6. jkepYn&entative teview. R. PrqVI& submittals to,-OwnWMepresentative that of required -by gqvemialg-or other C. Subunit final Appliestion * Pa, ymoit idenfif-y,m -total adjuster Conitra.ct Sign; previous payments, sumrcmaWngdue,ouddn"s kfidavit4Blls.PadA, Executelfinoi oleaning ptior tahnal pr6j*cct inspection.. B,. Removowaste, .paint debds,,,suqlus:m #edalI s, rubbish, an(f comituctim facilities to designated containers to bedisposed of as -standard waste., IA PROJECT RWORD DOCUM"TS A Malutdm oa- dw om set of ihe<fdllowins, rewrd documents; record,actual revisibos to the work.- t- Specifications, 3. Change, Orders and other modifications, to the Contract, Ensure entries -are.complete and accurate, enabling future reftenca by Owner. C. Sigza.record documents. separate from -documents used for construction. Plot Ater Ta* QJ700 — Y AuVak.= I Q- F WAAAM� AM 13ONDS Pro! "-dupfilqatevotadzed copies.. 13: 'Execute aud assemble, hwafcAuble warranty docutwntsfrom. Su'blcoauactois,suppliers, :andmana6cumm, Providd " Table of C ontouts And . assemble in dme.D:side ring big -wtth durable plastic. Covet, 0. $.0 find Appl radon forPayment.. Fob i -'beyond 4, d vf Wo*-,delayed utoOSUOstanfial. Completion, PMA. r, up-Owd within 10days; aftacceptance, :Iistiii,gdstte.ofacooVtaumas:stairs .cf warrouty. END OF SECTION , OtA - 2 August,,20-W SEulwt4 t39905 COATMG ANVPA T1 3CIFM=ON FOR RITHABII,ITATINC SiiiE i Ai'L'ER TAItiiI aT1 C'T [J1 5 CART `l :-.OH1' L A. The work of this section ne-ludes, the coating (if 'Al specift ci.exterior surfhe of stolei =water_ st wage, tanks. 1.2 RELATED 89MONS. A. Section 01010 - Summery of'Wo&. B. Section 01300 - Submittals;. 13 REF,ERENCii SPB+CIFICAT1 S.ANi15�AiiD A. �i t6outIimit-mg ttio ger m as eeta of i the+r mxeznieiiits:of these c f catioris,,WI surface Preparation., :coating and painting of exterior surN ees shall eonform-to the applicable. mqukemehts of'ihe Steel Structures Painting Council wd the nannfaoturer'a " ' ted instructions, 1.. A$04 (Amerlcaq.Sneitety for Testing and MAtonals) ASTIR D 520 "tandard Specification fot 25rw Dust Pigment ASTM 464417 Standard Test Methods fair Pield Measurement of Surface Provo f-Blast`Clea* Steel ASTM E 30 Standard Piactice Test Me' thud for Meaautiog Humidity with, a Payebrmeter- ASTM D2200 Standard Methods of Evaluating' Degree of Rusting on Painted. Surfaces A1�T3I �Ame can 1 rtc�nal Stang arils. lwtituf ANSUASC 294 I tchaust Syst -, A btasrve BI ...A : . Operations -- �endlatlon and Safi P'x�tice AINSIINSP Statidard'61 Drinking ng Water Components A!► tr—A (A nertcutii.W'%Wk WnrUAssOdA#W AW "-D id; Coating ;Stee['Water Storage Tanks 4. Consumer Product. Safety Act,; Part 1,303 Ptnnh Watvc'I`reaidrenr.t'la�tt R+ butt ctn.A 09905-1 M*0201[i IMAGE International 14A Publication TPCZ Coatings and Linings Wr Im mersion erVf Chapter 1. Safe y, Chapter Surface Preparation Chapter 3 Curing, and Chapter � I'Fi1S�?�citQn NACB Standard RP0178 Standard Rec*nuuenderi.Practice: -- Fabrication Details , Surface Finish Requirements aud.Proper Design Considerations for Tauks and vessels to be 11neci%r'liumbrs on.Servicd` MC 11 Standard RPQ188 Stan aril R ommpnded. �e Discont nWty (Holiday) Testing f Protective Coatings NACE Standard RP0287 Field Measurement of Surface Profile of: Abrasive Blast -Cleaned Steel Surfaces Usinga, Replica Tape i NACE.Standard RM8 Standard Recommended Practico, Inspection s�f %finings on Steel .and CQncreto 6. OS14A (Occupational Safety &health Administration) 1915.35 Standards-,— 29 CPR: —Painting 7. SSPC (ated Structures Painting Council) SSPC-SP2 I Hand Taal Clung ,SSPC-SP3. Power Tool Cleaning SSPC-PA 1 ShoQ% Fie d ,4od M4intenancoTainting SSPC-pA Measurement of Dry Finn Thickness with Magnetic Gages SSPC'--PA 3 Guide to Safety zu Paint Application SSPC-guide 12 Guide fox Illumination. of Industrial Painting Project: SSPC-V1S '1-59 Pictorial Surface Preparation: Standards for Painting Steel Surfaces SSPC Paint Spec 36 Two ComponentWeatherdble Aliphatic Polyurethane Topcoat, Performance -Based S: SSPC/NACE joint Standards` SSPC=SP5/NA091 White.Metal Blast Cleaning SSPC-SP61NACE 3Commercial Bl tClean ig SSPC-SP7/NACE 4. Brush Off Blast Cleaning - . SSPC-SP1 OINACE 2 Near -White Metal Blast Cleaning B. The Pmject Engtneces, decision shall be final as the int�Mtation and/or conflict between any -of the;rreferenced specifirat ons and standards contained herein.. tVoxttt 1�ater Treatment plant itehabil tativa 6141G Water `Tani€ OM5 - 2 August 2010 1A, -SURMB'TA_ I -A A. charts ubmittal-simustb0i Approved prior- to-ap Of the: coaftsystem. C. Requests ssittzn1'bo ap W-ptior"10-ft 40he— &-shallinctudb prove bA n Rtfor �ewft p dWct,91Wngn=1O1p descriptive idbrmAti __s­ofi&:byvolume, fteomniended dry. -film tliiiekness and certified lab test reports's. howing results: to equal.: the pexformance criteria ofthespecified herein.. In additions a.list of five projecfs=shall be'subintted 3n which each polict has men..used 0tsd rendered satisfactoryservice ley the ownerarid'a written response will be provided -by owner for any accepttd substitution.. X The Oon '06-:6, list 4simil J - to co'' leted Ormpe. .Rio t yea..' ppmle . ._ .1 . p0t, y a to,prov6practical e�pe-66nce and successful bistor'"y in dia application of the specified product to of steel 1 06rUas,. 140it request, he 3W substiuifi* thts:.requiameutlij furn, lihing a HAt of rb&fences and; compIdtionc H. The Contractor shatsubmit with Ws bida-written, statement by the coatings manufacturer- stating, that the Contractor is &miliar witlittio,mAterW4,..spem*fled and woikas--capable of- *ftoftowwork 4ic� heo4h. C_The p ensvritui perftxung the work shale be knowledgeable and have the re€igiired eperieac and: skill to adequately perform the work for this project, in ocoordance, with SSPCrPA 1, "Shop; Bold and Maintenance Paintine. J.0 QUALITY AS$URANCE A. Oeneral.; Quality assurance procedures and practices sh4U be utilized to, MOM4. Wr Ot phases -of surface'preparation,_ application and Inspection throughout the duration of the project. .. 44 b utilized Procedures or practices not -specifically , 4 �. ed herein may e u zed provided they meet. ieco and accepted professional standaids and are Approved by th6 Enghwert B. Surface Preparation, Surface Preparation will be: based upon comparison with,; "Pidt" WJAI Surface PrcparationStandards for Painting Sbcd ltxuchas. SSMN% 1-89'and A*W Designation D2200, "Standards' Methods of Fva1W a do"A"'D big-rco: Of Rusting On painting P _ th SWO and A9TMDcsigaado*,zb`6' lk 'MauaiStandard: ft,surfbca Of NOW steel AW*P0aA0 with Abiwg Q ApoWition:: N©coati6o' shah, be-appliedwhen the Sur o, uaditt ar tem e' M e or MI temperature oftho� to b4�,,qpate o_r.painted ls:heiow the.m xsurfaac temperature ftir the prodtiets sified lieteiin► or in rit, snow, _fog or is when ft temperature is less tl i:. ° :above:the dcw pointy wheat; fho air temp twe. is expecu m drop ltelo*Y, witliih a :hoo s Meac appH ©� if'eoahtik lbw to 'sits l b me -am by: uao.tnf ati i`nstmm such as a �littg 1� meter iti eQayunrtran whit:.l DeparOodut of Co a 'Wi eathe Eur"u l S 'bro' e + Tables:: rthe aiio conditions are prevalent c o off paint ng..sl all be: delayed m postponed:until ccmdhioitsare favoroblo: Tlte. days cshall bo completed tii; bane to permit ihe, film su llc 6( drying time prior to dantago -lly atmospheft condide►tts.. D. 111olefte99and MIday t cldrtg; T#:40knat:of°c coatingsand point`shall lie checked with a tc[tctive, magnetic type tbictar ess gauge i}astruotive test nag will not meowed. The-ib� of coated surfaces shallbe checked with an approved inspection device. Non- destructive, holiday not exceed i71/2 wits. nor; shall desowttve:holiday detectors �exc d tho voltage recommended by tT,te *=, ufaaturer of the co-aftg systetri; `ftt-thickness: between 16and 20 uls ( U microns and i s a horn -suds ng type:wetting: gent such as Kodak Photo -Flow, shallbe'Merked, rep#ed in acac€urer's printed mcoimmendWons and re -tests. No pinholes or other- aegul tie& win be, porra tied in the. ni.a coating �: Insp�ctzdn I,�evtces The C,bntx�actor shxli furnish, atntil� finial ae�pt�aee of coariiug:;and. painting; inspection devices -in good worlang condition #hip dewo ow of,Holidays' slid, meaSureTti t t of dry film tlticknW cif toaft and paint. The Contractor shall also furnish U ,S.- Deparunent of Comrerce, National.Bureau. of Standards.cerdfied thickness calibration palates, to: test accuracy of :dry filnn thickness :gaages _and certified: instrumentation tcn feel accuracy o hofiday doctors; T1r�i � thickness gauges an holiday detectors shall be made avaitable fiar the Pmject aigineees use at all times until AWacceptance of:appincattoa,: I oliclaa i detedfidd.devices shall be operated in the pr-erice of the Engineer. P< bspection:- Inspection for this' project shall consist of `hold point' inspections. The Engineer: -or his representatn r shell inspect the, surfaces pd# to; abrasive blastln after: abrasive blase . but prior, to- applic4on;9coatia;g materials, and between. subsequent its of material,. Final. znsp coon, shall tatce place aftier lI coati tgsa are applied, lnait poor to ,placli g me taint in.sen► oe. C6VhI etor-will insure that -Sufficient rigging u in place so` that die. Project Engineer or his representative shall- be able to conduct the required inspOCUOUs.. G: WAnutq Inspection: Wwranty inspection shall'be coaducted duri)ng,the.eleventhmonth "lowing completion of all coating and patching work. Ali defcctxve warlc shall be repaired in accoxlance with thus specification -and to the saOsfoction of -the Project Engineer; No;* W.AW Treah* DO* Kam, Arigust 2R:1 to. tile, 0 'a do°b r B. load _ate ace.Pcvteotion acid espiratvey Devices. Equlprnent shalll inclodopwtective. helit ets. vhieh shall be word by,'dIT"Orso-po whip in the vfoin ty of th.e tvark:_ 'Yeiitilatioi ; Wbere,ventiiatiori is;tised toco trot hazardous expt�su> a all eg iipna t. shall U-expl6don-pwof. Ventilatidn sliall reduce the•ofalr do' nitainimikIts,talhe degree.a hazard doesnot exist.. Air circuladon and ex hausting:of solvent vapor. shall be continued until coatings have fully cured. D. Sound Levels! Whenever the o patidnal iodise exposure .exceeds maidjhum allowabk sound levels, tiie'Con for shall°pxovxde ant quire tbe use of approved far. protective: deviecs. E. Illumination: Adequate iltumWation shad be provided while: ww. k;is In progress-, including esxpl+ shin pr bf lit tiffs aid el�ectr eel e i iu is dot nn i�vi tall pp�icable rtd iia regulations from OSHA. Whenever requited by the: PrQje ct Engineer; the Contractor shall provaidi:ztioUumnheitictic mad iiecseiy sapporta Co cover era tv beispf. The Project Engineer shall determine the level of iilawinatioii for xnspectiien-purposes, R Temporary Ladders and Scaffolding; The Contractor sluff codonn to all Fsdeiai State, anti local ruttes.and safty requirements pertaining to temporary ladders:_ and;scaf%lding., Erect; where req ted by the jeet E> grneei to iacYiifute irispeetioia and move lxy the �ctor�o° locations rNmted.by-the f'rojot tngin=—, 1`t9� WatexT�etimantPiar►E RA0w itaYa`w 6 MI WatiescT* 09905 -5 Augvsx-2Ul0 PAIt�'� 1V1A:T11 21 Tl 'coa -sap :sha 1' ri�attu s b 'i104MI C Co . Tic;, +6 ; i rav qua jaor. to the. award of the bid. manufccturces literature for each product giving name, pro duct.number, generic: type, . descriptive`in r atiton, solids lty vorlu e, recoiz metadexl dry #gym thioknema: and -cer x.d lab test repay: sitaw xtg results to equal the performncg stab of the products spud hercb t: % lfiYi, a Rst s f five mlects_'sh�ll slob itteci.In vc+hiicli h lrrjdnct his bin used attd rettdex'A satistk6 ary service by—ft.-owner.: C. The contactor shalt coordinate: work w as to allow'suftiout time for paint to be delivered to. "Oojob. site. A Ali mgtert* shall to bronglit O jobsite=i ginal suited cgntautor� They shall not bw used until a representative of the roject Bagineer has inspected contents and obtained. data from ;information on°containers or -label, Mater als exceed:ng-stomp life recratnttiended 6j� the m�inuufacturet sh�al:l2e rejted B. Ali coatings attd O*ts mall be stored in.enclosed stri to es to pro f thezo fro4i vveaFher. andxcest<ive beat or old. Flamuiabl coatings or paitttt dust be stored:;to conform with City, County, State a nd Federal safety codes for flmiftablo cookingor paint materials. At all tins coafings and paints .shall be prolected from Bile,. 2.2 Oener-al Requi meats A. Alt materiWs- shall be -lead free as defined by ft Comuniox Prdditet Sa%ty Aet,: Nar"t 1303. S. All, zinc dust p igment contained,; n any zinc -rich material shall meet therequirements of ASTIK:1) 520 Tyg6M W'M regard to - nc Oute)k attd purity; fi . All �r� titer als for trio ' wetted portiQtx of ttto tatty shalt meet the; feqUiremeho of ANSMSF Standard 61. fttr petal ie. water 0orit t WOO Water T=aWWPlaat: itehabilitatii�ti6 M VVat riai t 9905 - 6< Aup* 20 0 I D,, Aff. high gloss -elear'coatfwdifas-ga, thartue-of-A fuVitive die to, aidiwdw proper upprication.ma,coverage of 440i COW' Sys om; ThmCpat gystem for Bxtond OOW and Glow P*6 1. Surface ;prepamtimpriers toWater-BlastCleating : *eldflux and spatter shall bo rernowed by.pOwAw.tonal llqleAttw'& -dbtitouk, g".,=4 hexqift. Cleats 4Ujood god m Asesper -S$PC- to SP3 Hasid --orlower :T,06t Cl6abing. Feather all edges smooth. 2. Surfact,Preparatiom SSPC-SP6 Cmmeiciat BWt'Clt- g: or 'Mfil estioll c: Stand Mediod or,.XACk standard 3. Col . S*=', Ist.Coal Th $'Erk .9-1-1j29- Ay applied at I'l.- .19 3"5 d.py nifla. TW only with approved thima, Tu w41-Sthimcr. 2ad Coat Tomqc:Scries:.-107$ 448"elpigodwgShield app'R'ed.4,3.Q,to: 5.0 drystills.- TWA -w-Mv- O'w�iMl WftN e-,r-,-, Th 4j--4!Z pp; Thftinerlbr spray. 41-39AM. brush: wroUer, -CrWo-coaft-waybe "giredtf appllcd-'byfxbjlek.Y- 3jrd Coat: T*Mqq 30*7.0%, ISBL-TWWWMte, V$*rsFlan VoWitt2ff t dry Tb& oDlywA Approved. Unner,"Themw4t-39 to :MiJA ibWolf,beso* *O*,Or-rww MQ'WaW.Ta Rch4M Aug 2M Total dry:I�ri tr%ckise s 1 .+ mike " P F : ry f as 0"' On s A 511 , e We t� PA2 �utthic}a allow, : r 8��0: n the speczfied'dry film th duress shall not t: vgi d fort S PMOOL NvithWaYer Treentle�t Re$tik; C 9g5 - tAugust 2Q16 pmmm�� A. All applied to. wb- thp surface, prior k,tbt�-aPpon'041 Of ft0000T.1% e P te4ppfied to thesat Sfaetim of the -Pmjedt.Eiig*eftattheexpense of C( B. Athe, R, s te.."POforineO s -y, IdW craffiifi�n� qualified 09. xeqdked. woirk, in -a' manner comparable with tho'best' stmdar4. -of pmft ,6a6uUy-.o(..p.monml shall be OWWOW *iW the RqtdUn&eer. C. TinleaketheMse apptovefln wridog by the riii &,'ecrprft-oe.coatin&o.. lbodedapV lied... Ir applied,onttor shah instruct suppliers priind.boaucompat compatible with the-spedfied fitush. coat, Any.oftlte. work: which h not (10- 4� g On don. WAOO or-. 10 theddid as ducted by4he-Engwit". :tote complete 1protection of all adjaeont include wimobtusift hand, or power too...................................... cleaning, . . . . . . . . . . . . . . . . . . . . . . . . .............. ................ .......... ......... ........... injury to surrounding painted sure bl"Cicle may require use of towerak "- ' : I — , pressure, Walter noule: and/or abrasiv& m blast PartIclesishover blast nozx1e4tstances,from surface shi and .,mask ngilfdamage, is too dtenbe: blasted and the'n' coated .oi or . 1W a touch-;dp, ftmafire item shall painted as directed by the #600eet D. Dust, dir4oil, grease orany foreign matter -that. will aflect the adhm'OA -or durability of the, finisli must L ,e removed by washing wM cleanx-ags -dipped in an, approved c1paning solvent and wiped dry with clean rags. E. The Cdaractoescoatift,and. painting equipthentshatIbe designed for applic9tion -of mammas ccfxect_ i_w adshq. be m m m Jh ft r s orkm coedit Ohall ha*esOJ*W. traps and ffiters to remEave~ Wqttr and oils ftiii tho:sif. CO equipment shall be, subject to appmM . of: the Project Engineer. F. Application of. ft fast coat shaIl follow Immedimely after surface pmparation and cleonirig and beibm' No Odmvi4 Ai*pW." '04-- a'siiotm--mVi'g tw, r bloom A*Ooa Mthm this - �Usctl recleaned pia -to, ap& ation of first coat. period shalt b&� re-; c 12 SMFACt- PREPARATION A. The -I re of the fOI[&Wi4&. prepatation spedfications of the Steel Stractures ingtouncil fliis�spmif n shall opwa partof lvr Water TresCment Plant t. Removal of oil, ahm sdu and dw Ird -51, 1:9-m�me-al Blast Meaning (SSPC7-sp--6 SAM No. 3k Ar blast -cldan' -- 9 until dtleast two-thir6of each element of she :area: I$'..jfibC*.Of idiWbie: r"Wes. 6. BuVh=O_ff DIAk Cleaft MPC-M XA_CH No. 41: Air- blAst clawfing to remove loose rust loowmifscale and other deWmental foreign Matter to, a degme spe.effitod. 7. NegLW-hxt p �Mdtal -Blast Cl in SSE CwSPIO N&C—E Moi 2)j Alrblast 'Cleaning until, at least 9590 Of each element of stiffAce area is free of: 4 visit le 81 SR-3— in that it rovires morn thorough cloa=.g aw less than I Mil. Differx., from, SSFC� 'h -y P.0 WgIord.-I. surfaces , allbob! I nozzles shall be ventud-type nozzles with tvnAnifnum prtssurd at the hoizId of % psi. C. Parti of abrasives used in blast cleaning shaU be that vAdch Will produce it 1..5 - 2.5 mil (37.5'mi -, 65.0 microns) surface ce, profile err in accordance with. recommendations of the manufaduier-of the spec�ied coWiitor paint system to be applied, Vtrier profile of the blasted steel.faceas tho profile specifica ibQm ft Coliftoor shaIbq)i4unze i3 to -do Oe--O . rbW:the Wqv�tn Iyfaat R 000 -. t.0, August -201 pte,itk;&derto p*k"-th** i Ap*,.w thicicer prime coat, if. possIbIc given tbal of the products- -.0p M. AW 41 Ida, vac t Di' Abvesive used In blast. clew.#IWI bt.new.-i ' hed' d'" .4 d -c .wo Od a fhx rpused unless #''OOqOOPyapjpwved in W the Projpc; lgugineejt� i Blast de ed surface shall be cleaned prior to alZphcaitictn of speeifzed coatings or 040(� All su&tos dwl be free of -dust, dirt,7 and otherresiduo resdfing.from the sibragivo blasting opetatiOn. Notoptings A1 or 61* moist sudwes. - powt 0 H. AIT w91Ids shah tie with suitable chonucaf cannpatcbte vOwspepified coating materials, Spec o Me "�_ " - ' S-_ - f --i�iAti-im-sw-ben we p6ftd , ur m prep on on noted In Section .'2. 1' paragraph I F .3.09, lNAl Ts A4 After-sand-blastiing, tirce tests "I'bo podormed, oti, the steel gurkce, Thm tests are OA Te�t' T be Orded 6 er-S frort Test (Fe") j ut, .p Chlori& Test- And Sulfate PC Technology Adc lS..*'FWIcI Methods for RP.Wev4 wd Analysis of on Steel and Oftr Noup The maximum limits for the '..cojitAm' orous S.Ubp s se" mantashall.be, t. The maximum level. of obloodes is 50,milligrgins per square meter or' 3 viicrogivins per square centimeter. I The maxitnura level:df sulfatOg Is.100. milligrams p6r square m4tdror I Oi persquareomfimeter. .3. Thema imum1pyo fenw 21,106milligams r., 1, of s iow (Fe AAAM"6m.ova*Tpw 600(August,21010, 4. Contami bath levels above these limits -will rl wasbin- g stet ting in aee�o att ►tti . it a.2 ( ow til the urtaee �s rid r t all owabij ,maul B. K testing shciv r atno► s prrss+$nt ui' re test aollau+on to b atieir tt�an,tha lututs 1 . herein; the. Coqttactor *all Clean -_the surfaco of -entire, tank in orR with a 5,QM-f Pafi water lut with- ire eAtr ab a ive untal.ttio.l vets In tl #est sale te are'b lo*. muiimunt acceptable level: ,Alternate cleaning nothods may be allowedVith. approval of.the ftgj� Ca Cant�aC, p44 pravido a w ixten statement p ixiit tttariufa �r stating that thp nuour um a"table levels: at wt less thaf those listed -herein: ,Results:of the testing a1% be larovid; to; fw-..Owner-: b fore any coatings are applied, D. The fvtic wing teat jd* are:alpwved$Dr use on tl $ PX a: G'llRrdCltor�'i'�t`Kt l .; &AACAT'featk t c. Test kits' fibrit. other. vendors shall be, submitted t, tie l ng Lift for prior approval before use; 54 APi?`UCATIQ1q - GE1�il Et:A , A. Coating #0,paint' gplicatign shall conform to the regWmw nt$ of tbo $teet Struct s. PaYntin� +trc�uincil Faint A;pplacattt Specifteariau gSPta FAI; latest revision; far "itop, Field and l�tenance Painting".: B. Thinning 9h4be permitted only as recommended by the manufacturer approved by .the' Euw. C.: Each applicaticin of cuing or paint shall be applied evegly; free of Brush inOop sa$s,, ,rune; no evidboce-ofpoox workmanslmp- Can shall. be -exemiseMe avoid lapping on glass.arhardware. C,6atinos and paints shall'be sharpl;y,c to lines, Viiushedsurface$ 'shall be- free of defects .or'blerniahes Tre�ttti�ilt l�lat�t :ttehabil3t n 6i�+tGi�a t'Taiik 6"--1z Aug 42010 F :tl clmesaea per coat speqit d �, C 2x.1 fxagrapbf sty njWmpnn .rcg00# if dpplic i�rt i% mad i es t�► Co r sttitlt %addlt%r l teats trx achieve: the sped thicltness .. 0.. Aft -Inderial ""la= appliiad.asspe ed, 35 CC)A1*6 S S I ICA!� AR Aft4t;completion. of surfa prep#mtlou at specdx for the specific systew; mat als. shall iie applied as t�oted:ia Seto 2. t-Paral"faPh I?, 3;Ofs DI WEC ON A. Disma Lion of for sudaces shall be performed the, presence of the Engincer.in accordance with all the rNuiremeM0appliobl+e-A A. Standards. and regulatory agencies: - B.. i sstifeetro -shall b parfoiin l aft rprotecuv : fi* have bOO appWto thq:intetivt sutures and allowved to thoroughly:. Q- Yxior to didnfecting ( °-complete interior shall washed dcivr wwith:4omwater and - thorougbly flushe out. Dr . All irtt roior sruf es shall, be thQmugttly wa' bed vvrth :a. soludoir having a nmWinut . chloetfid Content df 50 PPM. Chlorine. solutidn accumulated on the bottom shA-6e drained -to waste.. Rinsing with cleauwater is not required. A, All solvent vapttm shalt be cou%Otely-_rmoved:by suction -type,- xbaust fans anct Towers beftuce:placiAg tanit;, In 000ft se 066 B. . All sallont vapors will W oxhauO,(. ofb _ grutgan , coodn application as r .AWW . D 102 to allow the proper curing of the coating material. C Ventilation shall be:continue'd until such t me as the coating has reached 4 utl curs" as - specified by -the coating manufacturvi. 16, CCaI OP. SCHE11 E A. The Engineer shall select Colors for the ptolem 'fhe Contractor -shall -submit a current chart of the m iiI turef`s' availably color tti the Rol t Bngl eer foutrteeh (I�!) days prior fo the staff -of coat :NWater Tk�aPlant l2eh orth aiiiitatzoni 6300# Water T' nk 09905 -13 August 2A10 33T JCL EARP El No�tiz 'ater'�`xr€�tment Plant �b t#at�n6 iC# WatexTac l4; Augu t2OlQ PiatUre .of the tank tAktg fMM :ftlftt aids._ 4Yi£� R. 4� v„ } e s? sgdA r ` SW ; I 4 y kt � R'S . xORT � vYs ;1 k7 11 .y 4 G "Qm �� h ry 9 95 � P b Z x 'Y W t Tt t y. � zyy h .• . 'zr>s 4 � r ✓1 . a f V 8"A y l No Text M:Win :StML Ute At M1416K N*0770703 432*006301 MX432­680#6312. kSCmOBOWIiI8W.WesLSdrtb-I*. Ft .Vft*.Taxat10116 817420145260 JAKS17#5MOM cations WHENCI 2137019 HUM' 175,2439.743100-o86536 DBEP 20657, OR T-10-47042194s-TX­ LKLAP -0200.3 NIELAP. Cer tifiloat lio- ril§ 141POPW TIM. 042-21-O&T-Xi LELAP-mO20.02 Md1bodt; T1047 Analyfleal and, Quality Contra Aep Josh K001,09k Report Datez July,29, 2010 Ow of Iubbodk - Public Warks Engineerins 1625 13thStreet Work:Ojrd . er: 100 . 7230 A Lubbock, TXY 79401 Project Number. Water.Tmatment PlWat Tank) EildM& are the Analytical Report and Quality Control Report. Ibr the following, smnple(s):� subrWtted to' TracqAhalysis, bo. Mine Date Tlwm: Takm ItecOl*A 238317 #1 paint chips 2010-07-22 00.'00. 2010-07-23 238318 #2 paint cbipa 2010-07-22 00.00 2010-07-23 238319, #3 paint cb1pe 2010-07-22 00.00 2010-07-23- These mWb pwpmemt 4* t ho-samples recOved-In the is generated:bn -a: Batch basis. All information contained in this report is for the analytical bata(es) in which your sample(s).were malyft& This rq*WP#48 Of 4: t0tal Of A Mee And sail not.. be M-;od ppd:e9ccop -e yniho writtenwrittenapprovalapprovalq(ice., except TraceAnEdY&j Ina. Dr. Blak Leftwich,Director Dri AfichApa Abel.' Project M ftodsiA FhV ]a.;.: frhot egunple.tbAwris 100. Oa4 #4 fht*eO- the covpe 'r*floji fqUndU:I:the m4dh k Q4 , :b1an, ; Wati batch !he- Ma cmtrol measures am All: ther this re have b": IcotuaW on tbw. riato az�alytical page Oprop wto am* in general Ist .6 Repoit.- Date, Julie 20,20 0 Nurk.Ofder. 107231)1 ev a..,a 5 w 7:"realaiieat PWit (('&'IG Tank): WAter'Treatrdeat Pi" OUG Tank4. ), Analytical loport saw'OU.- =31T- - #1 LA.bovil,tory., Lubb,oek5 P TW4 ta 12a cu. 01 .144 A**"*dt4 Dito M�-i Wl"T.28, RL pto lei OO& $30., Q B -Admed :r AR gbigow. 238319 - #2 tabor t ry LObbock Au*dvd-'M tho&' m Pbj Total 8 WIOG epaw xv., pu: 0.794: Smple Preparatim, Sajoaple. 238319.. #3 Laboratory:. Lubbock Aaab-ds- Pb, Totat 72128 61.794 Sample- 298320 - #4 tahorstory vt Lubbock Analpi , s, Pb, Totkd qq Batch: "128 Prepawk 41194 L i. Ailslydea Method: 8 6010C. ]UNt Anab Sample Preparatiom .2010-07-28, Rti Prop -lleftd: 9 3050B Atalyzaid By: RR Prepart�..Hy, KV Aualyticalllflethod- S 601OC: Prep I'4abod. .2010-07-28,Analyzed` jr; WIwit Date:- July 2%,,20110 WbrkjONW, 10072301 Pam -NumbOtI. 4-6f 5 waxer meatmentPlaint (6ma Timk) WAter T-reat Plant (SIG Tank) RL Unito Method dank QC-Batdn:"$: Date�-Aoal ytd& 20IMT48 Analyzed B�r. RR att-h�': :7212 : prw.00$461-M 4C Proparation: 201"T-48 PxeparOd ft KV NIDL Laboratory. Cdntrol. Spike (LCS4) QCBatcht 72128 Date Analyzed- 2010-07=2$ Analyzed Br RA T Bat& -61704. QC Preparation: 2il1o" tea Spike Ntattix t'axsAowt - K;Rdte Amotiot. Rosu* Rec. Limit, 47.2 1. Soto, O.-W 94 Percent recDvgry- is laud on the spi.ke. x"*. RPD based -on tho,opike 4n&apjIw #gpIica;Wr"vlt. "D pamm. Rvndt Units VH; Amount R".Wt Rec. LW3!t Rrb Limit Percent, recwmry is baped can -the'spike result. "D IA: based on the :gip ike-,and spikudnphcate-teau Matrix Spike, (AM-1)Spiked Sample- 238260 QC Batch- 72128: Date. Analywid. 2Q14UT-q8 Analyzed BY,, RR _'Frep 7004h: 617947 QC Preparetiony190 9 Spike Niatfix Rep. Param Result units I)JI. Amount: Result. Rec, Limit To , . 11 — . - ' W eaLd 54.2 iq 'g I 1Wo WN Sit7&7! 1 F5 Porcex(t recovery -la based on the spike result. RPD U: based -o an the- Spike and splkw-duplicafe result. Standard (C.CV-4) QC ]Wph, 12j2'8 DaW.Analyzed-.. 010�" AnWyzed,ft I L P any meson fbam.responsibility for the consequences, damages,, or ii uries resulting from the abrasive cleaning. Theauthoilty to. conduct: such: activities under this regulation also does not exempt or excuse anyone from complying with ail nther:appiicabfe, laws .or ordinances, regulations;, and orders of governmental entities having jurisdictivn, even though the abrasive blast nng is otherwises conducted in .compliance with this .regulati€ n. The owner or operator of the water.storage being: blasted trust control emissions :from abrasive blasting in manner that does not cause nuisance conditions, as defined in §101.4� of this: title (relating to Nuisance). (b)for water storage tanks with lead concentrations of 1.0%0 (10,000 microgramslgm) or greater In the coating; the.owner or operator of the tank shelf notify the p}atapr ate T C� regional office and any local authorities having jurisdiction over abrasive blastingaactivities of the blasting in writing at least 10, but not more than 30, working days prrtir to the date scheduled for the begia�uting of blasting operations. The no if canon must include: (1') the location of the tank; (2) the name of':the abrasive blasting company; (3) the weight percent of lead in the coatia (4) the control methods to be used; and (5) the expected hours of operation and scheduled start and finish dates. (c) Emissions from abrasive blasting of water storage tanks which have lead in concentrations of 1.0% 10 000 micro . a ns1 orgreaterhy weight xn the.coatifig must be controlled by ore of tho Ulowing rnetltods: (1) vacuum blasting;- (2) shrouded wet abrasive blasting; (1) shrouded dry abrasive Blasting, pr©vided there are no private residences or OW areas within $ feet of thewater. storage tank; No Text No Text t III ri 126726. P u rch ase. M B. L u b bo ck .126726.Purchase.MB.Lubbi XMicrosoft Word - ITB 10-116-FO-Tank Rehabilit ©11 /05/10 09: 36 AM 26.2 Before construction work requiring an inspector is to be performed on Sunday 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 Sunday 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 shall keep a record showing the name and occupation of each worker employed by the Contractor or ' subcontractor in the construction of the public work and the actual per diem wages paid to each worker. This record shall be open at all reasonable hours to inspection by the officers and agents of 4 the City. 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, sixty 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 Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 29 PREPARATION FOR BID 29.1 The bidder shall submit his bid on forms furnished by the City, and all blank spaces in the form shall be correctly filled in, stating the price in 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 unit price and the extended total for a bid item, the unit price will be taken. A bid that has been opened may not be changed for the purpose of correcting an error in the bid price. 29.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. 29.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: 29.3.1 Bidder's name Riley Industrial Services 29.3.2 Bid for 10-116-FO, Tank Rehabilitation at the Water Treatment Plant 29.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 12