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Home My WebLink AboutResolution - 3453 - Contract - Triple F Systems Inc - Water Coagulant Control Systems - 09_13_1990Resolution # 3453 September 13, 1,990 Item #40 HW:js RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract by and between the City of Lubbock and Triple F Systems, Inc. for the water coagulant control systems, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this ATTEST: nette boya, city secretary (APPROVED AS TO CONT NT: Gene Ea s, Purchasing Manager APPROVED AS TO FORM: aro Wi ard, Assistant City Attorney 13th day of September , 1990. c B. C. McMI N, MAYOR i /f66y, 6y CITY OF LUBBOCK Lubbock, Texas q �C- -)n CITY OF LUBBOCK SPECIFICATIONS for TITLE: WATER COAGULANT CONTROL SYSTEM ADDRESS: 6001 N. GUAVA BID NUMBER: 10810 PROJECT NUMBER: 2121-551190-6345 CONTRACT PREPARED BY: Purchasing Department M (This page left blank intentionally) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. ema INDEX PAGE NOTICE TO BIDDERS..........................................................................................3 GENERAL INSTRUCTIONS TO BIDDERS............................................................................4 BID PROPOSAL - BID FOR LUMP SUM CONTRACTS.................................................................10 PAYMENTBOND..............................................................................................13 PERFORMANCE BOND..........................................................................................16 CERTIFICATE OF INSURANCE..................................................................................19 CONTRACT..................................................................................................21 GENERAL CONDITIONS OF THE AGREEMENT.......................................................................23 CURRENT WAGE DETERMINATIONS...............................................................................41 SPECIFICATIONS............................................................................................42 SPECIAL CONDITIONS........................................................................................43 NOTICE OF ACCEPTANCE......................................................................................45 -2- (This page left blank intentionally) NOTICE TO BIDDERS -3- (This page left blank intentionally) NOTICE TO BIDDERS BID # 10810 Sealed proposals addressed to Gene Eads, C.P.M., Purchasing Manager, City of Lubbock, Texas, will be received at the office of the Purchasing Manager, 1625 13th St., Room L-04, Lubbock, Texas, 79401, until 2:00 o'clock p.m. on the 28th day of August, 1990, 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: WATER COAGULANT CONTROL SYSTEM After the expiration of the time and date above first written, said sealed proposals will be opened by the Purchasing Manager at his office and publicly read aloud. It is the sole responsibility of the bidder to insure that his bid is actually in the office of Gene Eads, Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written. The City Council will consider the bids on the 13th day of September, 1990, at Municipal Bldg., Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond and payment bond in accordance with Article 5160, Vernon's Ann. Civil St., in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000.00. Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior, as the rating of the bond company is a factor that will be considered in determination of the lowest responsible bidder. If the contract price does not exceed $25,000.00 the said statutory bonds will not be required. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. The plans, specifications, proposal forms and contract documents may be examined at the office of the Purchasing Manager for the City of Lubbock, Texas. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an award. There will be a pre -bid conference on 21st day of August, 1990, at 10:00 o'clock a.m., Personnel Conference Room #108, Municipal Building, 1625 13th Street. CITY OF LUBBOCK BY: Gene Eads, C.P.M. Purchasing Manager I - ADVERTISEMENT FOR BIDS BID # 10810 Sealed proposals addressed to Gene Eads, C.P.M., Purchasing Manager, City of Lubbock, Texas, will be received at the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401 until 2:00 o'clock p.m. on the 28th day of August, 1990, 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: WATER COAGULANT CONTROL SYSTEM After the expiration of the time and date above first written, said sealed proposals will be opened by the Purchasing Manager at his office and publicly read aloud. The plans, specifications, proposal forms and contract documents may be examined at the office of .„ the Purchasing Manager for the City of Lubbock, Texas. Attention of each bidder is particularly called to the Schedule of General Prevailing Rate of Per Diem Wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, Texas. Each bidder's attention is further directed to the provisions of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning such wage scales and payment by the contractor of the prevailing rates of wages as heretofore established by the City of Lubbock. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an award. There will be a prebid conference on 21st day of August, 1990, at 10:00 o'clock a.m., Personnel Conference Room 108, Municipal Building, 1625 13th Street. G BY: Gene Eads, C.P.M. PURCHASING MANAGER (This page left blank intentionally) r GENERAL INSTRUCTIONS TO BIDDERS -4- (This page left blank intentionally) �b GENERAL INSTRUCTIONS TO BIDDERS 1. SCOPE OF WORK The work to be done under the contract documents shall consist of the following: Furnish an automated water treatment coagulant control system which shall provide continuous on-line monitoring based on electrokinetic charge principle and technology. The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with contract documents. 2. CONTRACT DOCUMENTS All work covered by this contract shall be done in accordance with contract documents described in the Gen- eral Conditions. All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 3. PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. 4. TIME AND ORDER FOR COMPLETION The construction covered by the contract documents shall be fully completed within 90 (NINETY) calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so sub- mitted, the City may direct the Contractor to take such action as the City deems necessary to insure comple- tion of the project within the time specified. 5. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. b. 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. -5- 7. MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for pro- tecting 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 provi- sion. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project. 8. GUARANTEES All equipment and materials incorporated in the project and all construction shall be guaranteed against de- fective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 9. PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished di- rectly to the Contractor. The Contractor shall then distribute copies of plans and specifications to sup- pliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Con- tractor. 10. PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materi- als, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construc- tion, 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 re- serves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the proposed contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 11. TEXAS STATE SALES TAX This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the ma- terials to be incorporated into the work without paying the tax at the time of purchase. -6- 12. PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construc- tion of the project contemplated by these contract documents. The City of Lubbock agrees that it will fur- nish Contractor the location of all such underground lines and utilities of which it has knowledge. How- ever, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such under- ground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 13. BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger sig- nals, 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 re- placed by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barri- cades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 14. EXPLOSIVES -� The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage which may occur as a direct or indirect result of the blast- ing. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. Explosive materials shall not be stored or kept at the construction site by the Contractor. In all cases where explosives are to be used during the construction of the project contemplated by this ._ contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 15. CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 16. INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the ^- State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written -7- 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 subroga- tion. The insurance certificates furnished shall name the City as an additional insured and shall further state that all subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. 17. LABOR AND WORKING HOURS Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations there- under. The inclusion of the schedule of general prevailing rate of per diem wages in these contract docu- ments does not release the Contractor from compliance with any wage law that may be applicable. Construc- tion work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: (1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. (2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays wiLL be made by the Owner's Representative. In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 18. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shalt pay each of his employees engaged in work on the project under this contract in full (less mandatory Legal deductions) in cash, or by check readily cashable without discount, not Less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not Later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deduc- tions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. -8- The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such .•- laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 19. PROVISIONS CONCERNING ESCALATOR CLAUSES Proposals submitted containing any conditions which provide for changes in the stated bid price due to in- creases or decreases in the cost of materials, labor or other items required for the project will be re- jected and returned to the bidder without being considered. 20. PREPARATION FOR PROPOSAL The bidder shall submit his proposal on forms furnished by the City. ALL blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he proposes to do the work contemplated or furnish the materials required. such prices shall be written in ink, dis- tinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If the proposal is submitted by an indi- vidual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink. Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: y (a) Bidder's name (b) Proposal for (description of the project). Bid proposals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no proposal may be withdrawn or altered thereafter. 21. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the fol- lowing: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Proposal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. (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. -9- (This page left blank intentionally) BID PROPOSAL -10- (This page left blank intentionally) I , BID PROPOSAL BID FOR LUMP SUM CONTRACTS PLACE Water Treatment Plant DATE 8/24/90 i PROJECT No. 2121-551190-6345 ,//1i��t rtiiral o,\ �/l L� 0 y eIO�J Proposal of Triple F Systems, Inc. DBA Triple F Controlihereinafter c4CW Bidder) . '. To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) .` 1. Gentlemen: l. 4 The Bidder, in compliance with your invitation for bids for the construction of a Wa t eel's, Coagulant Control System having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other re- lated contract documents and the site of the proposed work, and being familiar with all of the conditions surround- ing the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifica- tions and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents, of which this proposal is to be a part, is as follows: BID: Twelve thousand nine hundred eighty—five dollars (g 12,985.00 ) Amount shall be shown in both words and figures. in case of discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 90 (NINETY) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $50.00 (Fifty dollars) for each consecutive calendar day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with in- struction number 20 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Enclosed with this proposal is a Cashier's Check or Certified Check for Seven hundred forty—eight & 35 Cents Dollars (S 748.35 ) or a Proposal Bond in the sum of Dollars ($ ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand. _ Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all con- tract documents made available to him for his inspection in accordance with the Notice to Bidders. ��yriss�3�rrirrrr,t . _ .�� r; �>>'1��'. Triple F Controls �>1 Contrac or By 1 ' { lll\ •; i �,) '' Hugh G. LeClair, President (Seal if Ridder is,a'Corporation) ATTEST: Secretary -12- W TRIPLE F CONTROLS INC. � � AMARILLO, TEXAS GUST 24 1990' � z REMITTER: PAYTOOF CITY OF LUBBO ... i ji4 i w J 'o lie L2L357311' 1:LLL300958I: 11591 994 2Hs U `wt 1213573 88-95 1113 $ *748.35* TRIPLE F CONTROLS, INC. P.O. BOX 1260 AMARILLO, TEXAS 79101 October 3, 1990 City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 RE: Bid No. 10810 - Water Coagulant Control System The contract agreement between the City of Lubbock and Triple .� F Systems, Inc. DBA Triple F Controls for Bid No. 10810 - Water Coagulant Control System shall be as follows: Water Coagulant Control System $ 12,985.00 Optional Extra for Flow Pacing $ 1,962.00 -------------- Total Contract Amount $ 14,947.00 Fourteen thousand nine hundred forty-seven dollars and no cents. This is per telephone conversation with Bruce Blalack on October 2, 1990. ATTEST: City of Lubbock, Texas By. Secretary Mayor Approved As To Content: App oved As To Form:_ Contractor ... By • -'ram J (, t. wwc Title: President Complete Address: Triple F Controls ATTEST: 102 S. Bowie Amarillo, Texas 79101 . p Corporate Secre ry I -- CERTIFICATE OF INSURANCE -19- (This page left blank intentionally) r THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS ISSUE DATE OF THIS CERTIFICATE 440 RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. SHOULD 10 /03 /90 >NY OF THE POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, ISSUED AT THE ISSUING COMPANY WILL MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED: 10 • City of Lubbock 1[] TEXAS EMPLOYERS' INSURANCE ASSN. • DALLAS, TX P.O. BOX 2000 nD TEXAS EMPLOYERS' INDEMNITY CO. • DALLAS, TX Lubbock, Texas 79457 0 EMPLOYERS CASUALTY COMPANY • DALLAS, TX 3n EMPLOYERS NATIONAL INSURANCE CO. DALLAS, TX 771 EMPLOYERS CASUALTY CORPORATION DALLAS, TX INSURED ® EMPLOYERS NATIONAL INS. CORP.' DALLAS, TX Triple "F" Systems, Inc. nE EMPLOYERS OF TEXAS LLOYD'S • DALLAS, TX P.O. Box 1260 Amarillo, Texas 79105 Authorized Representative ...mil (Signed) (Tye) Larry Manton, Di trict Manager s THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITH- STANDING 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. TYPE OF INSURANCE CO. NO. POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) ALL LIMITS IN THOUSANDS STATUTORY WORKERS' COMPENSATION 1 15593 04/18/90 04/18/91 $ (EACH ACCIDENT) $ (DISEASE - EACH EMPLOYEE) EMPLOYERS' LIABILITY $ 500 (DISEASE - POLICY LIMIT) GENERAL UABIUTY COMWERCDIL GENERAL LIASLRY E E433759 04/15/90 04/15/91 GENERAL AGGREGATE $ 1 Ann PRODUCTS-COMPWS AGGREGATE $ t AEs I _ J 0CCLFAENCE PERSONAL & ADVERTISING INJURY $ SGG EACH OCCURRENCE $ - OWNERS 6 CONTRACTORS PROTECTIVE FIRE DAMAGE (ANY ONE FIRE) $ MEDICAL EXPENSE (ANY ONE PERSON) s AUTOMOBILE UABIUTY ANY AUTO 2 2412630 04/15/90 04/15/91 CSL $ - v BODILY INJURY (PER PERSON) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (PER ACCIDENT) s HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY EXCESS UABIUTY EACH OCCURRENCE AGGREGATE OTHER THAN UMBRELLA FORM OTHER This certificate replaces all prior certificates of insurance. TECO 17993-C (3-90) CONTRACT -21- (This page left blank intentionally) CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 13th day of September, 1990, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and Triple F Systems, Inc. DBA Triple F Controls. Inc. of the City of AMARILLO, County of POTTER and the State of TEXAS, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CON- TRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as fol- lows: BID #10810-WATER COAGULANT CONTROL SYSTEM IN THE AMOUNT OF $14,947. and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: t S Corporate Secretary CITY OF LUBBOCK, /TEXAS (OWNER) By: MAYOR TRIPLE F SYSTEMS INC. DBA TRIPLE F CONTROLS INC CONTRACTOR By: TITLE: COMPLETE ADDRESS: Triple F Controls 102 S. Bowie Amarillo, TX 79101 -22- a„ GENERAL CONDITIONS OF THE AGREEMENT -23- (This page left blank intentionally) GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this con- tract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall be understood to mean the person, persons, co -partnership or corporation, to -wit: Triple F Systems, Inc. DBA Triple F Controls, who has agreed to perform the work embraced in this contract, or to his or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to BRUCE BLALACK, ASSISTANT PROCESS CONTROL SUPERVISOR, WATER TREATMENT, City of Lubbock, under whose supervision these contract documents, including the plans and specifications, were prepared, and who will inspect constructions; or to such other representative, supervisor, or inspector as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisor or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or men acting in behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract documents shall consist of the Notice to Bidders, General Instructions to Bidders, Proposal, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for his inspection in accordance with the Notice to Bidders. 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. Whenever in the Specifications or drawings accompanying this agreement, the terms of description of various qualities relative to finish, workmanship, or other qualities of similar kind which cannot, from their na- ture, be specifically and clearly described and specified, but are necessarily described in general terms, the fulfillment of which must depend on individual judgment, then, in all such cases, any question of the fulfillment of said Specifications shall be decided by the Owner's Representative, and said work shall be done in accordance with his interpretations of the meaning of the words, terms, or clauses defining the character of the work. 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 re- sponsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated -24- by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to him who gives the notice. 8. WORK Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract docu- ments. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract docu- ments has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense to him and he shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The owner's Representative may make periodic visits to the site to observe the progress of quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract docu- ments. He will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the work, nor will he be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. His efforts will be directed towards providing assurances for the Owner that the completed project will conform to the requirements of the contract docu- ments, but he will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. on the basis of his on -site observations, he will keep the Owner informed of the progress of the work and will endeavor to guard the owner against defects and deficiencies in the work of the Contractor. -25- 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commence- ment of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend his work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Con- tractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Repre- sentative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him, his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's Representa- tive at Contractor's expense. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative shall review all work included herein. He has the authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and disputes and to discourage litigation, it is further agreed that the Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under this contract. He shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The Owner's Representative's estimates and findings shall be conditions precedent to the right of the parties hereto to arbitration or to any action on the contract, and to any rights of the Contractor to receive any money under this contract; provided, however, that should Owner's Representative render any decision or give any direction, which in the opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with said Owner's Representative within "^^ 30 days his written objection to the decision or direction so rendered, and by such action may reserve the right to submit the questions so raised to arbitration as hereinafter provided. It is the intent of this Agreement that there shall be no delay in the execution of the work, therefore, written decisions or direc- tion of the Owner's Representative as rendered shall be promptly carried out, and any claim arising there- from shall be thereafter adjusted to arbitration as hereinafter provided. The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the Contractor a written decision on all claims of the parties hereto and on all questions which may arise rela- tive to the execution of the work or the interpretation of the contract, specifications and plans. Should the Owner's Representative fail to make such decision within a reasonable time, an appeal to arbitration may be taken as if his decision had been rendered against the party appealing. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Con- tractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within six (6) days make written appeal to the Owner's Representative for his decision. -26- 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Con- tractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of his agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the na- ture and location of the work, the confirmation of the ground, the character, quality and quantity of mate- rials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way effect the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of the owner, either before or after the execution of this contract, shall effect or modify any of the terms or obligations herein contained. 18. CHARACTER OF WORKMEN The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform him in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or dis- orderly, such man or men shall be discharged from the work and shall not again be employed on the work with- out the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecu- tion and completion of this contract where it is not otherwise specifically provided that Owner shall fur- nish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public ob- servation, 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. -27- 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such obser- vation and testing at any location wherever work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be contemplated by Owner or Owner's Representative and shall give am- ple notice as to the time each part of the work will be ready for such observation. Owner or Owner's Rep- resentative may reject any work found to be defective or not in accordance with the contract documents, re- gardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Observer has previously accepted the work through oversight or otherwise. If any work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Repre- sentative, 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 Representa- tive to make observations of such work or require testing of said work, then in such event owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any 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 Representa- tive, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspec- tions, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approval, and any work which meets the requirements of any such tests or approval but does not meet the requirements of the contract documents shall be considered defective. Such defective work shall be corrected at the Contractor's expense. Neither observations by the owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under this agreement to make such inspections, tests, or approvals shall relieve the Contractor from his obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owners' Representative as un- suitable or not in conformity with plans, specification and contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and re- build or otherwise remedy such work so that it shall be in full accordance with this contract. It is fur- ther agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they in- crease 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 -28- case the Owner shall make such changes or alterations as shall make useless any work already done or mate- rial already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, al- teration or addition to the work as shown on the plans and specifications or contract documents and not cov- ered by Contractor's proposal, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representa- tive 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 com- menced, then the Contractor shall be paid the actual field cost of the work, plus fifteen (15%) per cent. In the event said extra work be performed and paid for under Method (C), then the provisions of this para- graph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workmen's Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these mat- ters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machin- ery 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 com- pensate him for his profit, overhead, general superintendence and field office expense, and all other ele- ments of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the Owner's Repre- sentative 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 in- sists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to arbi- tration as herein below provided. -29- 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of this contract that all work described in the proposal, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. If the Contractor finds any discrepancies or omissions in these plans, specifications, or contract documents, he should notify the Owners' Representative and obtain a clarification before the bids are received, and if no such request is received by the Owner's Representative prior to the opening of bids, then it shall be considered that the Contractor fully understands the work to be included and has provided sufficient sums in his proposal to complete the work in accordance with these plans and specifications. It is further understood that any re- quest for clarification must be submitted no later than five days prior to the opening of bids. 25. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the "'— quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein speci- fied, the Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC The Contractor shall take out and procure a policy or policies of Workmen's Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workmen's Compensation laws of the state of Texas. The Contractor shall at all times exercise reasonable ,., precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend, indem- nify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or claims of any character whatsoever, brought for or on account of any injuries or damages received or sus- tained by any person or persons or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the execution and supervision of said contract, and the project which is the subject matter of this contract, on account of the failure of Contractor or any subcon- tractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment with costs which may be obtained against the Owner or any of its officers, agents, or employees including attorney's fees. The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the owners or the Owner's Representative concerning omissions under this paragraph as the work pro- gresses, are intended as reminders to the Contractor of his duty and shall not be construed as any assump- tion of duty to supervise safety precautions by either the Contractor or any of his subcontractors. -30- 28. CONTRACTOR'S INSURANCE The Contractor shall procure and carry at his sole cost and expense through the life of this contract, in- surance protection as hereinafter specified. Such insurance shall be carried with an insurance company au- thorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A. Comprehensive General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $300,000 Bodily Injury and $300,000 Property Damage per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury (with exclusion "c" waived) The City is to be named as an additional insured on this policy for this specific job, and copy of the endorsement doing so is to be attached to the Certificate of Insurance. B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. The Contractor shall obtain an Owner's Protective or Contingent Public Liability Insurance policy naming the City of Lubbock as insured and the amount of such policy shall be as follows For bodily injuries, including accidental death, $500,000 per occurrence, and $100,000 for Property Damage. C. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury $250/500,000 Property Damage $100,000 to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non - owned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of.the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance The Contractor shall obtain a Builder's Risk policy in the amount of (100% of poten- tial loss) naming the City of Lubbock as insured. -31- E. Excess or Umbrella Liability insurance The Contractor shall have Excess or Umbrella Liability Insurance in the amount of ($1,000,000 minimum) with coverage to correspond with Comprehensive General Liability and Comprehen- sive Automobile Liability coverages. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. o-- F. Worker's Compensation and Employers Liability Insurance As required by State statute covering all employees whether employed by the Contractor or any Sub- contractor on the job with Employers Liability of at least $100,000 limit. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named in- sured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) con- tained in the job specifications. No substitute of nor amendment thereto will be accept- able. 29. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY EQUIPMENT AND SUPPLIES The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts ... thereof, equipment, power tools, all suppliers, including commissary, incurred in the furtherance of the performance of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then Owner may, during the period for which such indebtedness -32- shall remain unpaid, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness. Any and all communications between any party under this paragraph must be in writing. 30. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The contractor shall pay all royalties and license fees, and shall provide for the use of any design, de- vice, material or process covered by letters patent or copyright by suitable legal agreement with the Paten- tee or Owner thereof. The Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is speci- fied or required in these contract documents by Owner; provided, however, if choice of alternate design, de- vice, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harm- less from any loss on account thereof. If the material or process specified or required by owner is an in- fringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement. 31. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner effect the contract or the work, and shall indemnify and save harmless the Owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners' Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, he shall bear all costs arising therefrom. The owner is a municipal corporation of the State of Texas and the law from which it derives its powers, in- sofar 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. 32. ASSIGNMENT AND SUBLETTING The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this contractual agreement. 33. TIME FOR COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the Notice to Proceed. If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the con- sideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $50.00 (FIFTY DOLLARS) PER DAY, not as a penalty, but as liquidated damages for the -33- breach of the contract as herein set forth for each and every calendar day that the Contractor shall be in default after the time stipulated for completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the com- pLetion of the work described herein is reasonable time for the completion of the same, taking into consid- eration the average climatic change and conditions and usual industrial conditions prevailing in this Local- ity. The amount is fixed and agreed upon by and between the Contractor and the owner because of the impractica- bility and extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sus- tain, and the amount is agreed to be damages the owner would sustain and shall be retained by the Owner from current periodical estimates for payments or from final payment. It is further agreed and understood between the Contractor and owner that time is of the essence of this contract. 34. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Con- tractor shall be allowed to prosecute his work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contact, the plans and specifications, and within the time of completion designated in the proposals; provided, also, that when the Owner is having other work done, either by contract or by his own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor proposes to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the sev- eral parts. 35. EXTENSION OF TIME The Contractor agrees that he has submitted his proposal in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 33 hereinabove set forth and that he shall not be entitled to, nor will he request, an extension of time on this contract, except when his work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the owner, or by changes ordered in the work, or by strike, walk -outs, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for an ex- tension of time, submitting therewith all written justification as may be required by Owner's Representative for such an extension as requested by Contractor. The Owner's Representative within ten (10) days after re- ceipt of a written request for an extension of time by the Contractor supported by all requested docu- mentation shall then submit such written request to the City Council of the City of Lubbock for their con- sideration. Should the Contractor disagree with the action of City Council on granting an extension of time, such disagreement shall be settled by arbitration as hereinafter provided. 36. HINDRANCE AND DELAYS In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays in- cident to such work, whether growing out of delays in securing material or workmen or otherwise. No charge -34- shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 37. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their proposals of- fered for the work. It is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 38. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and he shalt be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the owner against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the perfor- mance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the exis- tence or character of the work. 39. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the owner agrees to pay the Contractor the price set forth in the proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by him and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 40. 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 de- fective 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 shalt satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the con- tract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner which have not theretofore been timely filed as provided in this contract. -35- 41. PARTIAL PAYMENTS —. on or before the tenth day of each month, the Contractor shall submit to Owner's Representative an applica- tion for partial payment. Owner's Representative shall review said application for partial payment and the progress of the work made by the Contractor and if found to be in order shall prepare a certificate for par- tial payment showing as completely as practical the total value of the work done by the Contractor up to and ._. including the last day of the preceding month; said statement shall also include the value of all sound ma- terials delivered on site of the work that are to be fabricated into the work. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of this agreement. It is understood, however, that in case the whole work be near to completion, and this fact is certified to by Owner's Representative and some unexpected and some unusual delay occurs due to no fault or negligence on the part of the Contractor, the Owner may upon written recommendation of Owner's Representative pay a reasonable and equitable portion of the retained per- centage due Contractor. 42. FINAL COMPLETION AND ACCEPTANCE Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that the work has been completed or substantially completed, the Owner's Representative and the Owner shall in- spect the work and within said time, if the work be found to be completed or substantially completed in ac- cordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor his certificate of completion, and thereupon it shall be the duty of the Owner within thirty-one (31) days to issue a certificate of acceptance of the work to the Contractor. 43. FINAL PAYMENT Upon the issuance of the certificate of completion, the owner's Representative shall proceed to make final measurement and prepare a final statement of the value of all work performed and materials furnished under the terms of the agreement, and shall certify same to the Owner, who shall pay to the Contractor on or be- fore the 31st day after the date of certificate of completion, the balance due Contractor under the terms of this agreement, provided he has fully performed his contractual obligations under the terms of this con- tract; and said payment shall become due in any event upon said performance by the Contractor. Neither the certificate of acceptance nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the special condi- tions (if any) of this contract or required in the specifications made a part of this contract. 44. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK Contractor shall promptly remove from Owners' premises all materials condemned by the Owner's Representative on account of failure to conform to the contract, whether actually incorporated in the work or not, and Con- tractor shall at his own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. 45. CORRECTION OF WORK AFTER FINAL PAYMENT Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for "^ any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the -36- date of substantial completion. The owner or the Owner's Representative shall give notice of observed de- fects with reasonable promptness. 46. PAYMENT WITHHELD The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. 47. TIME OF FILING CLAIMS It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) days after the Owner's Representative has given any directions, order or instruction to which the Contractor desires to take exception. The Owners' Representative shall reply to such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal from the decision of the Owner's Representative, any demand for arbitration shall be filed with the Owner's Representative and the Owner in writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any claim by either party, except where noted other- wise in the contract documents. 48. ARBITRATION All questions of dispute under this agreement shall be submitted to arbitration at the request of either party to the dispute. The parties may agree upon one arbitrator, otherwise, there shall be three; one named in writing by each party and the third chosen by the two arbiters selected; or if the arbiters fail to se- lect a third within ten (10) days, he shall be chosen by the District Judge, 72nd Judicial District of Texas. Each arbiter shall be a resident of the City of Lubbock. Should the party demanding arbitration fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the de- cision of the Owner's Representative shall be final and binding on him. Should the other party fail to choose an arbiter within ten (10) days, the Owner's Representative shall appoint such arbiter. Should ei- ther party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the arbiters are empowered by both parties to take Ex Parte Proceedings. The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract, unless either or both parties shall appeal within ten (10) days from date of the award by the ar- biters, and it is hereby agreed that each party shall have the right of appeal and all proceedings shall be according to and governed by Arbitration Statutes of Texas, being Article 224, et seq., Vernon's Annotated Civil Statutes. THE DECISION OF THE ARBITERS UPON ANY QUESTION SUBMITTED TO ARBITRATION UNDER THIS CONTRACT SHALL BE A CONDITION PRECEDENT TO ANY RIGHT OF LEGAL ACTION. -37- The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sus- tained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The ar- biters shall fix their own compensation, unless otherwise provided by agreement, and shall assess the costs and charges of the arbitration upon either or both parties. The award of the arbiters must be made in writ- ing and shall not be open to objection on account of the form of proceedings or award. 49. ABANDONMENT BY CONTRACTOR In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the or- ders of the Owner's Representative, when such orders are consistent with this contract, this Agreement, or the Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and sup- plies 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 com- pleted 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 com- pleted by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspa- per having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. However, should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certificate of completion. -38- In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machin- ery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than the Contractor or his Surety, to their proper owners. 50. ABANDONMENT BY OWNER In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools, and equipment, and all materials on the ground that have not been included in payments to the Contractor and have not been incorpo- rated into the work. Thereupon, the Owner's Representative shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Con- tractor at the prices stated in the the attached proposal, the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sun to cover the cost of any provisions made by the Con- tractor to carry the whole work to completion, and which cannot be utilized. The Owner's Representative shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other suns that may be retained by the Owner under the terms of this Agreement, and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this Agreement. 51. BONDS The successful bidder shall be required to furnish a performance bond and payment bond in accordance with Article 5160, Vernon's Annotated Civil Statutes in the amount of 1006 of the total contract price, in the event said contract price exceeds $25,000.00. If the contract price does not exceed $25,000.00, the statu- tory bonds will not be required. All bonds, if required, shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. And it is fur- ther agreed that this contract shall not be in effect until such bonds are so furnished. 52. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special con- ditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. -39- 53. LOSSES FROM NATURAL CAUSES Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. r- 54. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and au- thority to direct, supervise, and control his own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to ob- serve Contractor's work during his performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 55. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and T condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. -40- (This page left blank intentionally) CURRENT WAGE DETERMINATIONS -41- (This page left blank intentionally) Resolution #2502 • January 8, 1987 Agenda Item #18 DGV:da RESOLUTION WHEREAS, the City Council has heretofore established the general prevailing rate of per diem wages for each craft or type of workmen or mechanics needed to execute public works contracts for the City of Lubbock in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and WHEREAS, such wage rates were established by Resolution No. 719 enacted February 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984; and WHEREAS, such rates need to be updated at the present time in order to reflect the current prevailing rate of per diem wages; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the general prevailing rate of per diem wages for public works contracts shall be as set forth in the following named exhibits, which exhibits shall be attached hereto and made a part hereof for all intents and purposes: _ Exhibit A: Building Construction Trades -- Exhibit B: Paving and Highway Construction Trades Exhibit C: Electrical Trades Exhibit D: Overtime Rate Exhibit E: Weekend and Holiday Rate Such wage rates are hereby found and declared to be the general prevailing rate of per diem wages in all localities where public works are undertaken on behalf of the City of Lubbock and such wage rates shall be included in all public works contracts as provided by law. Passed by the City Council this 8th day of January 1987. •r - G ;Ranettc..Boyd, City Secretary APPROVED TO ONTENT: i 1 Payne, D rector of Building Services B.C. McMINN, MAYOR APPROVED AS TO FORM: YV k, A Do Id G. Vandiver, First Assistant City Attorney EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Craft Acoustical Ceiling Installer Air Conditioner Installer Air Conditioner Installer -Helper Bricklayer Bricklayer -Helper Carpenter Carpenter -Helper Cement Finisher Drywall Hanger Electrician Electrician -Helper Equipment Operator - Heavy Light Floor Installer Glazier Insulator, Piping/Boiler Insulator -Helper Iron Worker Laborer, General Mortar Mixer Painter Plumber Plumber -Helper Roofer Roofer -Helper Sheet Metal Worker Sheet Metal Worker -Helper Welder - Certified Hourlv Rate $11.60 8.35 5.50 10.50 5.00 11.00 5.50 7.35 8.70 10.50 5.25 8.00 5.70 8.00 7.50 9.50 5.00 7.30 4.75 5.60 8.75 9.25 6.00 7.65 4.75 8.75 5.50 8.00 n 1 EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Craft Asphalt Heaterman Asphalt Shoveler Concrete Finisher Concrete Finisher -Helper Electrician -, Flagger Form Setter Form Setter -Helper Laborer, General Laborer, Utility Mechanic Mechanic -Helper POWER EQUIPMENT OPERATORS 0 �. Asphalt Paving Machine Bulldozer Concrete Paving Machinist Front End Loader Heavy Equipment Operator Light Equipment Operator Motor Grade Operator. -�- Roller Scraper Tractor Truck Driver - Light Heavy Hourlv Rate $5.25 4.75 7.35 4.75 10.50 4.75 6.50 5.50 4.75 5.80 6.50 6.00 6.00 5.25 6.50 5.85 6.40 6.40 8.00 5.25 5.25 5.50 5.25 5.25 EXHIBIT C Electric Construction Trades - Prevailing Wage Rates Craft Hourly Rate Power Line Foreman $11.00 Lineman Journeyman 10.45 Lineman Apprentice Series 8.90 Groundman Series 7.25 EXHIBIT D Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) is 1 1/2 times base rate. EXHIBIT E Prevailing Wage Rates Weekend and Holiday Rate The rate for weekend and holiday is.l 1/2 times base rate. w SPECIFICATIONS -42- (This page left blank intentionally) CITY OF LUBBOCK WATER UTILITIES MINIMUM SPECIFICATIONS FOR WATER TREATMENT COAGULANT CONTROL SYSTEM GENERAL The intent of these specifications is to describe an automated water treatment coagulant control system. The system shall provide continuous on-line monitoring, of the coagulant feed process, based on electrokinetic charge (streaming current) principle and technology. It shall maintain optimum coagulant dosage by controlling the existing coagulant feeders based on the signals from the electrokinetic charge analyzer (streaming current monitor/detector). All equipment shall be furnished and installed with all necessary hardware and accessories to allow the unit(s) to operate after installation as specified. No additional purchases shall be required to make the unit(s) operational as described. CURRENCY OF MODELS All products shall be new and shall be current production models. Discontinued models and models about to be discontinued are not acceptable. All products shall be factory assembled and tested. PRODUCT INFORMATION The vendor shall submit detailed and illustrated descriptions for each product quoted. PRODUCT DEMONSTRATION The City of Lubbock reserves the right to receive a demonstration of the product to verify that all specified criteria can be met. The City of Lubbock also reserves the right to reject any or all bids or accept the bid deemed most advantageous to the City of Lubbock. �- BID COMPLIANCE The vendor shall comply with all specification requirements. Quotations shall be submitted on the City of Lubbock's specification forms. All items on the forms shall be addressed. Any exception to any specification or part of a specification shall be cited and explained fully in the bid. Otherwise, it is understood all requirements will be met exactly as specified and any equipment received which does not meet the specifications will be returned for full refund or credit. Quotations on items that do not meet the minimum specifications for each type of equipment will not be considered unless those exceptions are thoroughly explained in the space provided. MANUALS The successful vendor shall supply one maintenance and operation guide with each major component of each unit delivered to the City of Lubbock. Factory authorized technical repair and problem solving manuals shall be supplied for each major component for each unit delivered. A parts manual shall be supplied which details parts for each component of each unit delivered. All of the above manuals must the equipment. Any equipment manuals will not be accepted. WARRANTY be furnished upon delivery of delivered without the required All equipment shall carry the manufacturers standard warranty. All component warranties of varying duration must be detailed. All warranty information must be supplied with the returned bid. Suppliers shall furnish service and parts, free of charge, F.O.B. the City of Lubbock, during the warranty period. TRAINING A minimum of one (1) day of training shall be provided to City of Lubbock personnel by a qualified representative of the firm supplying the equipment. Installation of the basic instrument shall not be a part of the training period. BID INSTRUCTIONS Place a check mark in the space to the left of each equipment requirement item to indicate compliance. Each item without a check mark will indicate an exception to that item. All exceptions shall be noted and thoroughly explained. Each item is to be priced separately with a subtotal for each category and a grand total for the complete bid. The Water Treatment Coagulant Contrgl System shall provide water treatment monitoring via an ejectrokinetic charge analyzer or streaming current monitor/detector. The measurements taken by the streaming current monitor/detector shall be utilized in the form of an output signal to activate a controller which shall in turn control the coagulant feeders. This system shall be extremely durable and able to provide years of service at continuous operation of 8,760 hours per year. It shall be capable of sending signals and information to the existing Supervisory Control And Data Acquisition (SCADA) computer control system. It shall work equally well with various chemical coagulants, including aluminum sulfate, ferric sulfate and various polymers. Vendors should attend the scheduled pre -bid conference to inspect existing water treatment plant equipment and ask any questions they might have. The system shall fit into the treatment scheme as follows: RAPID MIX RAW WATER COAGULANT FLOCCULATORS SCSM F_ SEDIMENTATION SAND BASINS FILTERS FINAL WATER ALARM SIGNALS TO SCADA COMPUTER RECORDER SCADA COAGULANT FEED CONTROL COMPUTER �--- FEE ERS ALARM SIGNALS TO SCADA COMPUTER SCSM: STREAMING CURRENT SENSOR MODULE EQUIPMENT REQUIREMENTS EXCEPTIONS The system shall ,consist of the following components with specifications as follows: 1. STREAMING CURRENT SENSOR MODULE- shall conform to the following minimum specifications: ( X ) A. On-line Electrokinet�c charge analyzer to measure the net ionic and colloidal surface charge (positive and negative) in a continuous flow water sample. 0 ( X ) B. Digital readout of the net charge detected, with a minimum readout range of -10 to +10 Streaming Current units and digital display accuracy to at least two (2) decimal places. ( X ) C. The meter shall be zero configurable to display the set point as "0" on the digital display. The zero adjustment shall be full scale for all ranges ( X ) D. Output signal of 4-20 milliamperes (ma), with zero and span adjustments available to the controller, strip chart recorder and computer. ( X ) E. High and low solid state adjustable alarms with output signal available to remote panel, audible horn, or computer, ( X ) F. Probe alarm to indicate sample cell circuit failure or piston motor failure with output signal available to remote panel, audible horn or computer. ( X) G. System accuracy of at least ± 1% of full scale. ( X) H. Response time of less than 30 seconds. ( X) I. Continuous water sample flow rate of one (1) 1 liter per minute minimum to four (4) liters per minute maximum. I EQUIPMENT REQUIREMENTS I EXCEPTIONS ( X ) J. Water sample temperature range 0 to 50° centi- grade. ( X) K. Ambient temperature range of 0 to 50° centigrade ( X) L. Power requirement of i20 volts, 50/60 hertz. ( l M. Module shall be enclosed in a wall mounted steel cabinet meeting NEMA 4 (Water -tight and dust -tight indoor/outdoor construction) requirements. SENSOR MODULE PRICE: 7,300.00 2. RECORDER (_X) A. Two (2) pen strip chart type to allow simultaneous recording of the streaming current sensor signal and the coagulant feeder response. ( X) B. Two channels for 4-20 ma input. ( X) C. Cassette for fan -fold or roll paper 120 milli- meters wide and 15 meters in length. ( X) D. Recording speed of 20 millimeters per hour. ( X) E. Null -balance plastic -film potentiometers; AC powered balancing motors for positioning measuring index and pens. 1,100.00 RECORDER PRICE: 3. CONTINUOUS -WATER SAMPLE PUMP (_ X) A. Submersible or in -line service pump to provide continuous water sample supply of one (1) to -dour (4) liters per minute flow rate to the streaming current sensor module. ( X) B. Power requirement of 120 volts, 60 hertz. SAMPLt PUMP PRICE: 75.00 Nema 4X Fiberglass Enclosure (Manufacturers Standard) EQUIPMENT REQUIREMENTS EXCEPTIONS 4. COAGULANT FEED CONTROLLER - Preconfigured for operation with the quoted system and existing coagulant feeders. ( X ) A. Properly actuate and control BIF Rotodip Liquid. Feeder Model BM-A-613BB9; with necessary switches to allow alternating between two existing feeders. The vendor shall provide all parts (such as variable speed direct Current motors, etc) and labor required to modify these feeders to allow them to be properly and accurately controlled by the coagulant control system., The cost of these modifications must be included with the total in- stallation price required in section 5 of these specifications. The vendor shall make all modifications and adjustments to insure proper control by the system. ( X ) B. Properly actuate and control BIF Belt Gravimetric Feeders Model 37-10; with necessary switches to allow alternating between two existing feeders. The vendor shall provide all parts (such as variable speed direct current motors, etc) and labor required to modify these feeders to allow them to be properly and accurately controlled by the coagulant control system. The cost of these modifications must be included with the total in- stallation price required in section 5 of these specifications. The vendor shall make all modifications and adjustments to insure proper control by the system. ( X ) C. Operation modes shall include automatic, manual and fail-safe. ( X) D. Fail-safe operation mode shall provide a program- mable output value to operate the coagulant feeder at a preset value (dosage) in case of streaming current sensor failure. (_ X) E. Non-volatile memory. ( X) F. Input signal of 4-20 ma. EQUIPMENT REQUIREMENTS EXCEPTIONS G. At least two output signals of 4-20 ma each. H. Output accuracy of 0.25% of full scale. I. Programmable limiters to prevent over or under dosing. J. High and low alarms with output signal for audible horn or computer interface. K. LED.Displays to provide digital readout of signals and setpoints in desired units of measurement. L. Programmable by simple user friendly keyboard. M. Built-in diagnostic tests to indicate controller failures and errors. N. Power requirement of 120 volts, 60 hertz. 5 CONTROLLER PRICE: 1,025.00 EQUIPMENT REQUIREMENTS 5. Complete installation and interfacing with existing coagu- lant feed equipment; includes ail;necessary coagulant feed equipment modifications and all 1parts and labor. The vendor must furnish all installation and feeder modifica- tions. Quotations for equipment only which exclude installation and/or feeder modifications will not be ac- cepted. INSTALLATION PRICE:- 3,485.00 GRAND TOTAL: 12,985.00 I certify that the equipment offered meets or exceeds.the re- quirements of the attached specifications (or noted exceptions) and that delivery of the equipment will be made on or before 75 days from notice to proceed (Date) Triple F Controls Name of Vendi�n� Comp y.�y- Organization -See recommened motional extras in enclosed letter. Not included in base bid. EXCEPTIONS Resolution # 3453 September 13, 1990 Item #40 E HW:js RESOLUTION 'BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract by and .between the City of Lubbock and Triple F Systems, Inc. for the water coagulant ,:control systems, attached herewith, which shall be spread upon the minutes of ?'the Council and as spread upon the minutes of this Council shall constitute Wand be apart of this Resolution —as if fully copied herein in detail. Passed by the City Council this 13th day of September 1990. ATTEST: Rane te� oy ,City Secretary APPROVED AS TO CONT NT: ,Gene Ea s, Purchasing Manager APPROVED AS TO FORM: aro Wi ar ,Assistant City Attorney Jf/ C • B. C. MCMI N, MAYOR r-- SPECIAL CONDITIONS 9i m -43- (This page left blank intentionally) r- r-� TO: NOTICE OF ACCEPTANCE The City of Lubbock, having considered the proposals submitted and opened on the _day of 198_, for work to be done and materials to be furnished in and for: as set forth in detail in the Specifications, Plans, and Contract Documents for such work for the City of Lubbock; it appearing that your proposal is fair, equitable and to the best interest of said City, please take notice that said proposal was accepted by the City Council of the City of Lubbock on the day of 198_ at the bid price contained therein, subject to the execution of and furnishing of all contract documents, bonds, cer- tificates of insurance, and all other documents specified and required to be executed and furnished under the con- tract documents. It will be necessary for you to execute and furnish to the City of Lubbock all such documents within ten (10) days from your receipt of this Notice. The five percent (5%) bid security, submitted with your proposal, will be returned upon the execution of such contract documents and bonds within the above specified ten (10) day period. In the event you should fail to execute and furnish such contract documents and bonds within the time limit specified, said bid security will be re- tained by the City of Lubbock. CITY OF LUBBOCK Owner's Representative -44- (This page left blank intentionally)