Loading...
HomeMy WebLinkAboutResolution - 2002-R0044 - Contract For Land Application Site - Wolf Irrigation - 01_23_2002Resolution No. 2002-R0044 January 23, 2002 Item No. 48 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 for the Lubbock Land Application Site remediation well pumping equipment, by and between the City of Lubbock and Wolf Irrigation of Abernathy, Texas and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 23rd day of January , 2002. C WINDY SIT N, A OR ATTEST: Rebecca Garza, City Secret APPROVED AS TO CONTENT: Victor Kilman, P6rchasing Manager APPROVED AS TO FORM: "-& A4` William de Haas Contract Manager/Attorney gs/ccdocs/Contract-Wolf Irrigation res Jan. 14, 2002 ..._:.—J ,. �•.,�a�..:4 . J'4:Y•o-.� -. •. •: .:'.c.vJ..n :..w.ta:..:.li�a1 :�.w"u.1n.�.�a.:.:.Jr.0 Y�ai �.o.. `..a,.:.Y.��1-...i .�vY.t,.N �Y'l.. �Gti,. i_: %4.c..H.'�..a .�x...L'.y ..sr � ,.._.ml. au. .. � �.i�......r..-w •. a .. �.�. � ...+.:l.w>.-svare.:._..�. aiiK irf ...::.� ,3 eso 200JJ CHECK NHS+ MATING—jet f' s LIMA Ik7EXAS -71 rL a� BY CITY OF LUBBOCK SPECIFICATIONS FOR LUBBOCK LAND APPLICATION SITE REMEDIATION WELL PUMPING EQUIPMENT ITB #292-01/13M "ri &y d� ;D&m4 ed ;Dw " CITY OF LUBBOCK Lubbock, Texas I ITB #292-01/13M, Addendum #2 City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13TH STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 hftp://purchasing.ci.lubbock.tx.us ADDENDUM #2 ITB #292-01 /BM Lubbock Land Application Site Remediation Well Pumping Equipment MAILED TO VENDOR: December 31.2001 CLOSE DATE: January 8, 2002 @ 2:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Bidders will not directly show Cost of Operation. Bidders must show Materials and Services in items 1 through 8, of Lump Sum Bid Contract in Bid Submittal. 2. Bidders must submit items A through C of Section 01300 "Submittal Requirements" (on page 1 of Technical Specifications) with each item of 1 through 8 (above) bid. All requests for additional information or clarification must be submitted in writing and directed to: Bruce MacNair, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to: (806) 775-2164 or Email to: bmacnair@mail.ci.lubbock.tx.us THANK YOU, Bruce MacNair Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. 292-01/Bmadd2 11 C iF6aG-u howl, nUuullw_" -, City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13' STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 hftp://purr-hasing.ci.lubback.tx.us MAILED TO VENDOR: ADDENDUM P ITB #292-01 /BM Lubbock Land Application Site Remediation Well Pumping Equipment December 21.2001 CLOSE DATE: January 8, 2002 @ 2:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Page #11200-2, Paragraph 5, POWER CABLE should be changed to read as follows. There shall be furnished under these specifications"a sufficient amount of power cable of proper size and voltage to reach from the motor terminal connection cable and shall extend into the junction box on the discharge head assembly. The cable shall be four -conductor standard copper, 600 volt, type THW. The wire shall be sized to adequately to cant' the maximum load at which the pumping unit will operate. Each conductor to be encased in a moisture resistant plastic insulation. The conductors shall be assembled in parallel in a flat thermoplastic jacket, impervious to oil and water. The cable in the well from the junction box to the motor leads shall be attached at 20-foot intervals with flat plastic ties or a minimum of 5 rounds of black electrical tape. After the setting operation is complete, the cable shall be tested with a megger. Flex conduit shall be included with this project extending from the junction box to the rigid conduit stubbed in the concrete floor. 2. Page 11200-3, Paragraph 7, the last sentence should read "A one inch schedule 80 threaded PVC pipe..." rather than schedule 40. This same change should be made to Exhibit A page 2; the 1-inch schedule 40-threaded pipe should read schedule 80. All requests for additional information or clarification must be submitted in writing and directed to: Questions may be faxed to: or Email to: Bruce MacNair, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 (806) 775-2164 bmacnair@mail.ci.lubbock.tx.us THANK YOU, ce MacNair Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. 292-01/BMadd1 it i' CITY OF LUBBOCK INVITATION TO BID FOR TITLE: LUBBOCK LAND APPLICATION SITE REMEDIATION WELL PUMPING EQUIPMENT ADDRESS: LUBBOCK, TEXAS ITB NUMBER: 292-01/13M PROJECT NUMBER: 8437.9107 CONTRACT PREPARED BY: PURCHASING DEPARTMENT 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS 4. PAYMENT BOND 5. PERFORMANCE BOND 6. CERTIFICATE OF INSURANCE 7. CONTRACT 8. GENERAL CONDITIONS OF THE AGREEMENT 9. CURRENT WAGE DETERMINATIONS 10. SPECIFICATIONS V, NOTICE TO BIDDERS ITB #292-01/BM Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until 2M o'clock p.m. on the 8th day of January. 2002, 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 with a budget amount of $60.000,00: "LUBBOCK LAND APPLICATION SITE REMEDIATION WELL PUMPING EQUIPMENT" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing Manager and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in the office of the Purchasing Manager for the City of Lubbock, before the expiration of the date above first written. Bids are due at 2:00 o'clock n.m. on the 8th day of January. 2002, and the City of Lubbock City Council will consider the bids on the 24th day of January. 2002, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current � Rating of 11 or super. . Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a non -mandatory pre -bid conference on 18th day of December. 2001 at 10:00 o'clock a.m., in the Engineering Conference Room 107, Lubbock, Texas. Bidders may view the plans and specifications without charge at Lubbock City Hall, 1625 130' Street, Lubbock, Texas, Purchasing Department, Room L-04. Plans and specifications may be obtained from City of Lubbock Purchasing Department, 1625131h Street, Room L04, Lubbock, Texas 79413, Phone: (806) 775-2167. Plans and specifications will be shipped at the bidder's expense. If bidder requires overnight or second day expedited method parcel shipment, the bidder will incur shipping charges and must furnish the name of the service to be used and the bidder's account number. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the City of Lubbock Human Relations Office at (806) 775- 2281 at least 48 hours in advance of the meeting. CITY OF LUBBOCK VICTOR KILMA PURCHASING MANAGER I BID DELIVERY. TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish LUBBOCK LAND APPLICATION SITE REMEDIATION WELL PUMPING EQUIPMENT per the attached specifications and contract documents. Sealed bids will be received no later than 2iQQ p.m. CST, the = day of January, 2002 at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand comer: "ITB #292-01/13M, LUBBOCK LAND APPLICATION SITE REMEDIATION WELL PUMPING EQUIPMENT" and the bid opening date and time. Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: Victor Kilman, Purchasing Manager City of Lubbock 1625 13th Street, Room L-04 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum. 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, anon -mandatory pre -bid meeting will be held at 10:00 a.m.. December 18th. 2001 in Engineering Conference Room 107. Lubbock. Texas. All persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre -bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre -bid meeting to bidders who do not attend the pre -bid meeting. 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the ITB are made by written bid addenda. 3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing Department. At the request of the bidder, or in the event the Purchasing Department deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Department. Such addendum issued by the Purchasing Department will be sent to all bidders receiving the original Invitation to Bid (ITB) and will become part of the bid package having the same binding effect as provisions of the original bid. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing Department no later than five (5) days before the bid closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City of Lubbock Purchasing Department in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these specifications. 4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 4.3 Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Purchasing Manager and a clarification obtained before the bids are received, and if no such notice is received by the Purchasing Manager prior to the opening of bids, then it shall be deemed that the bidder fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If bidder does not notify Purchasing Manager before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. 5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder. 6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire bid CONFIDENTIAUPROPRIETARY is not in conformance with the Texas Open Records Act. The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 8 CONFLICT OF INTEREST 8.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 8.2 By signing and executing this bid, the bidder certifies and represents to the City, the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 9.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 9.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge or forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. 11.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the bidder's responsibilityto advise the Purchasing Manager if any language. re uirements. etc., or any combinations thereof. inadvertently restricts of limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing Office no later than five (5) calendar days before the bid closing date. A review of such notifications will be made. BRUCE MACNAIR, SENIOR BUYER City of Lubbock 1625 13" Street Lubbock, Texas 79401 Fax: (806) 775-2164 Email: bmacnair@maii.ci.lubbock.bc.us 12.1 The construction covered by the contract documents shall be fully completed within THIRTY-FIVE (35) CONSECUTIVE CALENDAR DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 12.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. 13 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 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. The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full responsibility of complying with this provision. The specifications for materials and methods set forth in the contract documents provide minimum standards of quality, which the Owner believes necessary to procure a satisfactory project. GC-��PI_1:�, ►�Ti ��� 16.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 16.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 16.3 The obligations contained herein apply to products and services provided by the Contractor, its sub- contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 16.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: 4 (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 19 TEXAS STATE SALES TAX 19.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 19.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. �►: -,T*G►F9VA u I: The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 22 EXPLOSIVES 22.1 The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. 22.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 22.3 In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 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. 24.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 24.2 The insurance certificates furnished shall name the City as an additional insured, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. It shall be the contractor's responsibility to provide to the owner all proof of coverage insurance documents including workers compensation coverage for each subcontractor. 25 LABOR AND WORKING HOURS 25.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 25.2 Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. 25.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees 6 27 28 29 according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included. in these contract documents. PROVISIONS CONCERNING ESCALATION CLAUSES Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. PREPARATION FOR BID 28.1 The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. 28.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. 28.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: 28.3.1 Bidder's name 28.3.2 Bid for (description of the project). 28.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 28.5 Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error In the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING, BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. Q) 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. The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to cant' out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (d) The quality of performance of previous contracts or services. 31.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid, and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City shall award the bid based on the sum of the total bid of Items one (1) through eight (8) plus the total cost of operation of items one (1) through eight (8) using the cost of operation formula in Section 11200. 31.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determining the best low bid. Failure to comply with the specifications may result in disqualification of the bid. 31.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 31.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 31.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 31.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. No Text BID SUBMITTAL LUMP SUM BID CONTRACT DATE: ' January 8, 2002 PROJECT NUMBER: #292-01/BM - LUBBOCK LAND APPLICATION SITE REMEDIATION WELL PUMPING EQUIPMENT Bid of wolf Irrigation, Inc- (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your Invitation to Bid to furnish and install LUBBOCK LAND APPLICATION SITE REMEDIATION WELL PUMPING EQUIPMENT having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. ITEM OI : Furnish and install Pump, Motor, column pipe, base plate, pump cable, miscellaneous pipe valves and fittings for Well #38 as herein specified, complete and in place as one unit. Pump Setting 140, Pump Unit GPM - 284, HEAD-108.5. Comply with Section 01300 for Pump & Motor Well #38 submittals. - MATERIALS: Forty-one Hundred Severity dollars and eighty ($ 4,170.80 � cents SERVICES: ThraQ ?inndred Twenty-fivedollars ($ 325.00 TOTAL BID ITEM #1: Forty-four Hundred Ninety-five dollars J$ 4,495.80 and eighty cents ITEM #2: Furnish and install Pump, Motor, column pipe, base plate, pump cable, miscellaneous pipe valves and fittings for Well #39 as herein specified, complete and in place as one unit. Pump Setting 135, Pump Unit GPM - 130, HEAD -144. Comply with Section 01300 for Pump & Motor Well #39 submittals. MATERIALS: 'Forty-one Hundred Forty-three dollars and ($ 4,143.30 thirty cents SERVICES: Three Hundred Twenty-five dollars ($ 325.00 TOTAL BID ITEM #2: Forty-four hundred Si_,-ty=eight dollars ($ 4,468 . 30 and thirty cents. ITEM #3: Furnish and install Pump, Motor, column pipe, base plate, pump cable, miscellaneous pipe valves and fittings for Well #40 as herein specified, complete and in place as one unit. Pump Setting 160, Pump Unit GPM - 269, HEAD-128.5. Comply with Section 01300 for Pump & Motor Well #40 submittals. MATERIALS: Forty-seven Hundred Thirteen dollars and ($ 4,713.80 eighty cents SERVICES: Three Hundred Twenty -five -dollars ($ 325.00 TOTAL BID ITEM#3: Five Thousand Thirty-eight dollars and ($ 5,038. 80 eighty cents 1 ITEM #4: Furnish and install Pump, Motor, column pipe, base plate, pump cable, miscellaneous pipe valves and fittings for Well #41 as herein specified, complete and in place as one unit. Pump Setting 150, Pump Unit GPM - 217, HEAD - 117.5. Comply with Section 01300 for Pump & Motor Wets #41 submittals. MATERIALS: Forty-two Hundred Fifty-one dollars and ($ 4, 251 .30 ) thirty cents SERVICES: Three Hundred Twenty-five dollars ($ 325•.00 ) H TOTALBIDITEM#4: Forty-five HUndred Seventy-six dollars a($d 4,576.30 ) thirty cents ITEM #5: Furnish and install Pump, Motor, column pipe, base plate, pump cable, miscellaneous pipe valves and fittings for Well #42 as herein specified, complete and in place as one unit. Pump Setting 140, Pump Unit GPM - 310, HEAD - 125. Comply with Section 01300 for Pump & Motor Well #42 submittals. MATERIALS:Forty-five Hundred Sixty-four dollars and ($ 4,564.80 ) eight cents SERVICES: Three Hundred Twenty-five dollars ($ 325.00 } TOTALBIDITEM #5: Forty-eight Hundred Eighty-nine dollars ($ 4,889.80 ) and eighty cents ITEM #6: Fumish and install Pump, Motor, column pipe, base plate, pump cable, miscellaneous pipe valves and fittings for Well #43 as herein specified, complete and in place as one unit. Pump Setting 138, Pump Unit GPM - 288, HEAD - 95. Comply with Section 01300 for Pump & Motor Well #43 submittals. MATERIALS:gnrty-one Hundred Fifty-three dollars and ($ 4 , 1 53 _-90 ) thirty cents SERVICES: Three Hundred Twenty-fiv dolly S ($_ 325.00 ) TOTAL BID. ITEM #6: Party -four Hundred 'Seventy-pjcjht dollar_,($ 4,478.30 ) and thirty cents ITEM #7: Furnish and install Pump, Motor, column pipe, base plate, pump cable, miscellaneous pipe valves and fittings for Well #44 as herein specified, complete and in place as one unit. Pump Setting 165, Pump Unit GPM - 135, HEAD - 133. Comply with Section 01300 for Pump & Motor Well #44 submittals. MATERIALS: Forty-three Hundred Fifty-eight dollars ($ 4,358.30 ) and thirty cents SERVICES: Three HUndred Twenty-five dollars ($ 325.00 ) TOTAL BID ITEM#7: Forty-six Hundred Eighty-three dollars ($ 4,683.30 ) and thirty cents ITEM #8: Furnish and install Pump, Motor, column pipe, base plate, pump cable, miscellaneous pipe valves and fittings for Well #45 as herein specified, complete and in place as one unit. Pump Setting 122, Pump Unit GPM - 120, HEAD-158.5. Comply with Section 01300 for Pump & Motor Well #45 submittals. MATERIALS: Four Thousand Forty-two dollars and thirty cE(Sts 4,042.30 ) SERVICES: Three Hundred Twenty-five dollars ($ 325.00 ) TOTAL BID ITEM#8: Forty-three Hundred Sixty-seven dollars ($ 4, 367 . 30 ) and thirty cents 2 --- _ .....—Al TOTAL BID (ITEMS 1 - 8): MATERIALS: Thirty-fnr Thousand Three Hundred Ninety- ($. �4,;397. 90 ) seven dollars and ninety cents .SERVICES: Two Thousand Six Hundred dollars ($ 2,600.00 ) .__TOTAL BiD (ITEMS 1 -8): Thirty-six Thousand Nine Hundred ($ 36, 997 . 90 ) Ninety-seven dollars and ninety cents (Amount shall be shown in both words and numerals. In case of discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commen� 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 35 (THIRTY-FIVE) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner 3s liquidated damages the sum of $0 (ZERO) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth In the general conditions of the contract documents. Bidder understands'and agrees that this bid submittal shall be completed and submitted in accordance with nstruction number 28 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the )idding The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to ;ommence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. - Bidders are required, whether or not a payment or performance bond Is required, to submit a cashier's check or :ertified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required Insurance policies, and execute all necessary bonds (if required) within fifteen (15) days after notice of award of the contract to him. Enclosed with this bid is aCashleesCheckorCertified Check for Eighteen Hundred Fifty Dollars ,)oilars ($ 1R rn n rl or a Bld Bond In the sum of Dollars $ ), which It Is agreed shall be collected and retained by the Owner as liquidated damages In the event the bid is accepted by the Owner and the undersigned falls to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within fifteen (15) days after the date of ecelpt of written notification of acceptance. of said bid; otherwise, said check or bond shall be returned to the .undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be changed for the purpose of correcting an error In the bid price. THEREFORE, ANY CORRECTIONS TO THE BID PRICE MUST BE MADE ON THE BID SUBMITTAL FORM PRIOR TO BID OPENING. "(Seal if Bidder is a Corporation) ATTEST:14 f/ f "Secretary Bidder acknowledges receipt of the following addenda: Addenda No. 1 Date 12 - 21- 01 4ddenda No. 2 Datd 2 - 3 1 - 01 4ddenda No. Date Addenda No. Date M/WBE Firm: Date: Tan„a,-z 7, ?nn? Authorized Signature Ralbh W. Wolf (Printed or Typed Name) Wolf Irricration, Inc. Company PO Box 490 Address Abernathy Lubbock City, County Texas 79311 State Zip Code Telephone: 806 - 2 9 8- 2 514 Fax: 806 - 298-2114 El CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder II And Attached to Bid Submittal I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within fifteen (15) days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. C,r N Ralph W_ Wolf Contractor (Signature) Contractor .(Print) CONTRACTOR'S FIRM NAME: Wolf Irrigation, Inc. (Print or Type ) CONTRACTOR'S FIRM ADDRESS: PC) Rnx 4An/Rni Raci R,=ryJ Rnar3 ,ice, Abernathy, TX 79311 Name of Agent/Broker: Clark Riley/Riley Aq Insurance Address of Agent/Broker: 1303 W. Service Road City/State/Zip: Abernathy, TX 79311 AgentBroker Telephone Number: (go c,) 2 9 R_ 4 n s n Date: January 8, 2002 i NOTE TO CONTRACTOR If the time requirement specified above Is not met, the City has the right to reject this bid/proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Lubbock at (806) 775-2165. BID #292-01/13M - LUBBOCK LAND APPLICATION SITE REMEDIATION WELL PUMPING EQUIPMENT 6 ITB #292-011BM, Addendum #1 City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 137H STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http://purchasing.ci.lubbock.tx.us MAILED TO VENDOR: CLOSE DATE: ADDENDUM #1 ITB #292-01/BM Lubbock Land Application Site Remediation Well Pumping Equipment December 21. 2001 January 8, 2002 @ 2:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. Page #11200-2, Paragraph 5, POWER CABLE should be changed to read as follows. - There shall be furnished under these specifications a sufficient amount of power cable of proper size and voltage to reach from the motor terminal connection cable and shall extend into the junction box on the discharge head assembly. The cable shall be four -conductor standard copper, 600 volt, type THW. The wire shall be sized to adequately to carry the maximum load at which the pumping unit will operate. Each conductor to be encased in a moisture resistant plastic insulation. The conductors shall be assembled in parallel in a flat thermoplastic jacket, impervious to oil and water. The cable in the well from the junction box to the motor leads shall be attached at 20-foot intervals with flat plastic ties or a minimum of 5 rounds of black electrical tape. After the setting operation is complete, the cable shall be tested with a megger. Flex conduit shall be included with this project extending from the junction box to the rigid conduit stubbed in the concrete floor. 2. Page 11200-3, Paragraph 7, the last sentence should read "A one inch schedule 80 threaded PVC pipe..." rather than schedule 40. This same change should be made to Exhibit A page 2; the 1-inch schedule 40-threaded pipe should read schedule 80. All requests for additional information or clarification must be submitted in writing and directed to: Questions may be faxed to: or Email to: Bruce MacNair, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 (806) 775-2164 bmacnair@mail.cHubbock.tx.us THANK YOU, • ce Ma Nair Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. 292-01 /BMadd1 ITB #292-01/BM, Addendum #2 City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13T" STREET LUBBOCK, TEXAS 79401 PH: (806) 775-2167 FAX: (806) 775-2164 http://purchasing.ci.lubbock.tx.us ADDENDUM #2 ITB #292-01 /BM Lubbock Land Application Site Remediation Well Pumping Equipment MAILED TO VENDOR: December 31. 2001 CLOSE DATE: January 8, 2002 @ 2:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Bidders will not directly show Cost of Operation. Bidders must show Materials and Services in items 1 through 8, of Lump Sum Bid Contract in Bid Submittal. 2. Bidders must submit items A through C of Section 01300 "Submittal Requirements" (on page 1 of Technical Specifications) with each item of 1 through 8 (above) bid. All requests for additional information or clarification must be submitted in writing and directed to: Bruce MacNair, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to: (806) 775-2164 or Email to: bmacnair@mail.ci.lubbock.tx.us THANK YOU, Bruce cNair Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. 292-01 /Bmadd2 pi; I Application - Three Phase Motors Table 22 Three Phase Motor Specifications (60 Hz) Wtv f 39 10.4 OP 236650 ©200 60 1.15 17.5 19.1 .68-.84 79 79 77 99 H 60 35 45 6 Ik 45 30 40 Inch 236660 mm 380 60 1.15 9.1 10 2.4-3.0 79 10 79 77 52 1.: H , 30 20 25 115­,'�'� 20 236620MM575 60 1.15 6 6.6 5.9-7.2 79 79 77 34 H 20 15 1 15 MM IF* R W W � RNM R SR R W 45�' 70 236601 MM 230 60 1.15 21.8 24.6 .57-.71 80 80 78 130 H 70 40 60 5':' 25.... 35 236611 MMM 460 60 1.15 10.9 12.3 2.2-2.7 80 80 78 65 H -7:: 35 20 30 MEMOS- 7 50 WIN, SO' 20,"- 25 236652MM 200 60 1.15 32.7 - 37 .33,42 79 79 78 198 H 100 60 90 60, 80 236662 MM 380 60 1.15 17.2 19.5 1.2-1.5 79 79 78 104 H 60 35 45 W OF 3W Om MEE X TK R ME 56 304. 40 236622MM 575 60 1.15 11.4 12.9 2.8-3.5 79 79 78 69 H 35 25 30 W ME ME mom M R N MR M 90 125 236603 230 60 1.15 41.6 47.4 27-.33 81 81 80 266 H 150 80 110 �7-7 2.7 ami= M; . 1 45�' 70 236613 MM 460 60 1.15 20.8 237 1.1-1.3 81 81 80 133 H 70 40 60 30:: 45 236654 MM 200 60 1,15 61.9 69.7 .14,17 82 82 81 .416 1 200 110 175 Em- 106' 150 236664 380 60 1.15 32.6 36.7 .52,64 82 82 81 219 1 100 60 90 sm 5ci7� . 70 23662410= 575 60 1.15 21.5 24.4 1.2-1.5 82 82 81 145 1 70 40 60 M UM IT ENTRIMIR 156 200 236605IMM 230 60 1.15 67 75 .15-.19 83 83 82 480 1 225 125 175 , . ' -M -83-111M rf -21 ,:_ 80.;r_ 110 119 01-O,11 23661.5 MIM 460 60 1.15 33.5 37.5 .59-.73 83 83 82 240 J 110 " 60 90 IWE W., i'm 7-43 I R _7""i 53 7 1 , U I,- 3N PER 771 37, 50 70 23665610M 200 60 1.15 90.9 10.4 .10,12 83 83 86 653 1 300 175 250 15'0":' 225 236666 MM 380 60 1.15 47.8 54.7 .33-.41 83 83 86 317 1 150 90 125 15 110 236626 ROM 575 60 1.15 31.6 36.2 .78-.95 83 83 86 227 1 100 60 90 M I 01M 11114*4 " I I ' I I KNEW" ", FIR" EEMW33 R; 5K 126' -175 236617EMIM 460 60 1.15 53.5 62 .32,40 83 83 83 397 J 1 175 100 150 1 110 12365668 380 60 1.15 82 93.2 .17,22 82 83 83 501 H 250 J50 225 WNW M.-7-7'.' 125 175 54.2 61.6 28 575 60 1.15 .39,48 82 83 83 331 H 175. 100' 150 '-5'18 250 236619 MM 460 60 1.15 80.5 -91 .22,27 84 84 84 H 250""11 150� 225 2W 125 175 40del numbers are three lead motors. Six lead motors with different model numbers have the same running performance etwhen wye connected for starting have locked rotor amps 33% of the values shown, 22 i iK+r�rri�Yiwiii4`w>.rJ7L" Application - Three Phase Table 22 Three Phase Motor Specifications (60 Hz) motors U/aLf �39 6vsr� 200 60 1.15 17.5 19.1 68-.84 79 79 77 99 H 60 35 45 6 23665 PEA MW Inch 236660 ©® 380 60 1.15 9.1 10 2.4-3 0 79 79 77 52 H 30 20 25 15 20 236620 ©® 575 60 1.15 6 6.6 5.9-7.2 79 79 77 34 H 20 15 15 45 70 236601 ®® 230 60 1.15 218 24.6 57-.71 80 80 78 130 H 70 40 60 238661: ->380: r � , . w . ` z ' ' . % y u ;s DWI TIRE, ; 9 " "h{ " 45...- 25 35 236611 ®® 460 60 1.15 10.9 12.3 2 2-2 7 80 80 78 65 H 35 20 30 236621? ;57� 60�, M[ �'S' $'i ;:,�:; -� �.� u 236652 =® 200 60 1.15 , 32.7 ....�.._.� 37 .u- ,�<- 33-.42 79 ���- ; 79 78 198 H 100 60 90 60 80 236662 m® 380 1 15 17.2 19.5 1 2 1 5 79 79 78 1`04 H 60 35 45 _60 236612 L' ®w46� <a�D,a 1�5 x142 �..� .: �� � �R� � 7$ � ' � 88u � � 45Y�. 30 40 236622 m® 575 60 1.15 11.4 12.9 2.8-3.5 79 79 78 69 H 35 25 30 90 125 236603 ®m 230 60 1.15 41.6 47.4 .27-.33 81 81 80 266 H 150 80 110 236613 ®m 460 60 1.15 20.8 23.7 1.1-1.3 81 81 80 133 H 70 40 60 2;i68?3 ca5R + 'r 5u . y au ; ,. s 60 ` r` : 30 45 ` 'S 236654 m® 200 60 1.15 61.9 69.7 14- 17 82 82 81 416 J .. 200 110 175 238604: :)230 f:0 �* ;�.15 ::63 $ H `e..'. , � . u 9W R " � w .t Ella,=x 1" 175 100 150 23666.4 KIM 3380 60 1.15 32.6 36.7 .52-.64 82 82 81 219 . J 100 60 90 ` ' 236624 m® 575 60 1.15 21.5 24.4 1.2-1.5 82 82 81 145 J 70 40 60 s W7-101'1 F .mac 150 200 .15-.19 236605 ®M 230 60 1.15 67 75 83 83 82 480 J 225 125 175 236615 ®® 460 60 1.15 33.5 37.5 .59-.73 83 83 82 240 J 110 60 90 236625, m®5 Q k'e a., _. 90: 50 70 236656 m® 200 60 1.15 90.9 104 .10-.12 83 83 86 653 J 300 175 250 at Y SR c't i.7M zwrt,k,. 1;.. ., 'K0 :&. 'F'+ '�, a+6 ,.• . .:;250, 150 225 236666 m® 380 60 1.15 47.8 54.7 .33-.41 83 83 86 317 J 150 90 125 R �Mrjf+ AM i aW FM '125 _ _ BD . 110 236626 m® 575 60 1.15 31.6 36.2 .78-.95 83 83 86 227 J 100 60 90 ^�' m' .A . .� t :� rK 200 125 175 236617 KNE1460 60 1.15 53.5 62 .32-.40 83 83 83 397 J 175 100 150 80 110 236668 mm 380 60 1.15 82 93.2 .17-.22 82 83 83 501 H 250 150 225 236628 m® 575 60 1.15 54.2 61.6 .39-.48 82 83 83 331 H 175 100 150 M80.5 _ 36 , 175. 250 236619 Ella 460 60 1.15 91 .22-.27 84 84 84 518 H. 250 150 225 575- =80T1 xy = 41 r,x- 200 125 175 Model numbers are three lead motors. Six lead motors with different model numbers have the same running performance. but when wye connected for starting have locked rotor amps 33% of the values shown. 22 bol Application - Three Phase Motors Table 22 Three Phase Motor Specifications (60 Hz) Iva qn 236650 200 60 1.15 17.5 19.1 .68,84 79 79 77 99 H 60 35 45 6 ..> a�a g 4 ri'45 34 ;' : 40 Inch .w 236660 ©® 380 60 1.15 9.1 xs.uanawdr 10 2 4-3 0 79 79 77 52 H 30 20 25 25 15 20 236620 ©® 575 60 1.15 6 6.6 5.9-7 2 79 79 77 34 H , ,: 20 15 15 �2_?� m, � <: i4.8:: �f50N 45 `; 70 .39- 236601 ®® 230 60 1.15 21.8 24.6 57 71 80 80 78 130 , H a:....BQ 70 40 60 35 236611 ®® 460 60 1.15 10.9 12.3 2.2 2 7 80 80 78 65 H 35 20 30 2 a7 3 ' '17.;; W_ . F! 30- 20.. 25 236652 200 60 1.15 32.7 37 .33 .42 79 79 78 198 H 100 60 90 +ram 60', 80 236662 =® 380 60 1.15 17.2 19.5 1.2 1 5 79 79 78 104 H .w�.ti 60 35 45 RUM W$Q 59 � :: 45 � ,�, 30 40 � fib „.� .�?�1.7 � �� �. ���� u .� ',a > . �� =1'r„ . 236622 =® 575 60 1.15 111 12.9 2.8 3 5 79 79 78 69 H 35 25 30 ...�.:„ iA .. �v �.....s :«... �..k �t� 1 F 3!j7^.3.Y++d � .r., "^�k?L� 90 125 � � 236603 ®m 230 60 1.15 , dy 41.6 x 47.4 .... ,:akS .27 33 81 ._ a. 81 80 266 <,.�•H,., H ,:,,.,'1,50 ,; 150 80 110 �aCYfirn . .. 4 w .r '"�.+.r•+,Y 45­ 70 ;rp 236613 ®m 460 60 1.15 20.8 23.7 1.1 1 3 81 81 80 133 H 70 40 60 30 45 236654 m® 200 60 1.15 61.9 69.7 .14- 17 82 82 81 416 J 200 110 175 ' a =3 . t 175 100 ' 150 236664 m® 380 60 1.15 32.6 .52 64 82 82 81 219 J 100 60 90 36.7 236624 m® 575 60 1.15 21.5 24.4 1.2 1 5 82 82 81 145 J 70 40 60 Tim:x��� r �' � � �u � i,7 a NOW 150 200 236605 230 60 1.15 67 75 .15-19 83 83 82 480 J 225 125 175 80_ 110 ®= 460 60 1.15 33.5 37.5 .59-.73 83 83 82 240 J 110 60 90 E=MWE m® 200 60 1.15 90.9 104 .10,12 83 83 86 653 J 300 175 250 .1 '. '" 8 . ' N M .`s.. x : 250. . ::. 150" 225 No 236666 m® 380 60 1.15 47.8 54.7 .33 .41 83 83 86 317 J 150 90 125 110 236626 m® 575 60 1.15 31.6 36.2 .78-.95 83 83 86µ 227 J 100 60 90 � w,e 125 '175 236617 Mm 460 60 1.15 53.5 62 .32-.40 83 83 83 397 J 175 100 150 .. _7 � ' �� x380 AR ,0'249.` - "��.� 3 `��� 83 �3ia : H � „ ,150 80 110 236668 =® 60 1.15 82 93.2 .17-.22 82 83 83 501 H 250 150' 225 125 175 236628 mm 575 60 1.15 54.2 61.6 .39-.48 82 83 83 331 H 175 100 150 a..300175 250 Z2�661'm� 460 60 1.15 80.5 -91 .22-.27 84 84 84 518 H 250 150 225 n� s75' =50 f "f5' nrr x 4�d r;x?.'3"189 .. Sd s$4 84'.: y 414. „"FI' 200 .. 125 175 L- Model lnumbers are three lead motors. Six lead motors with different model numbers have the same running performance 1t when wye connected for starting have locked rotor amps 33% of the values shown. ( -01 'r1 I I Application - Three. Ph Table 22 Three Phase Motor Specifications (60 Hz) e Luck 0 ai s.t N? 236650 ©® 200 60 1.15 17.5 19.1 .68-.84 79 79 77 99 H 60 35 45 6 23660� _ Moo 30 40 Inch ,.. .. ,x 236660 ©® 380 60 1.15 . 9.1 10 2.4-3.0 79 79 77 52 H 30 20 25 20 236620 ©® 575 60 1.15 6 6.6 5.9-7.2 79 79 77 34 H 20 15 15 2366ar1 r '''' " 80 45 " 70 236601 ®® 230 60 1.15 21.8 24.6 .57-.71 80 80 78 130 _ H 70 40 60 ,' .r 23f6,1; 2$ 35 236611 ®® 460 60 1.15 10.9 12.3 2.2-2.7 80 80 78 65 H 35 20 30 23662x 5'' rNOW, ..20 25 236652 al® 200 60 1.15 32.7 37 .33-.42 79 79 78 198 H 100 60 90 e23 Ca 1 I r., ° M NZ - 80 -66 80 236662 =® 380 60 1.15 17.2 19.5 1.2-1.5 79 79 78 104 H 60 35 45 236622 m® 575 60 1.15 11.4 12.9 2, 8-3 5 79 79 78 69 H 35 25 30 90' 125 236603 ®m 230 60 1.15 41.6 47.4 27-.33 81 81 80 266 H 150 80 110 fz-* M '�'. -�,�- _. '236663: _ m _: A' , wag. N- .:''1` ,- ¢u; aw?� ,� tW 7Wt `°45 70 236613 ®m 460 60 1.15 20.8 23.7 1.1-1.3 81 81 80 133 H 70 40 60 45 236654 m® 200 60 1.15 61.9 69.7 .14-.17 82 82 81 416 J 200 110 175 r ,_- REAL- 236664 M® 380 60 1.15 32.6 36.7 .52-.64 82 82 81 219 J 100 60 90 02 M: r .. . 50 .' . 70 236624 m® 575 60 1.15 21.5 24.4 1.2-1.5 82 82 81 145 J 70 40 60 ... .®�� . , .; - r. � , 34 . 3 11, ,.'1: 25Q ; ...:150 200 236605 ®If 230 60 1.15 67 75 .15-.19 83 83 82 480 J 225 125 175 x366 ' :'"�Z5 80 110 236615 ®� 460 60 1.15 33.5 37.5 .59-.73 83 83 82 240 J 110 60 90 56 70 236656 MOM 200 60 1.15 90.9 104 .10-.12 83 83 86 653 J 300 175 250 : �t:+.. _�__ , W`c .Jt, ..:250 150 225 236666 m® 380 60 47.8 54.7 .33-.41 83 83 86 317 J 150 90 125 ," r1.15 4J' c r �12 _ 80 110 236626 m® 575 60 1.15 31.6 36.2 .78-.95 83 83 86 227 J . 100 60 90 125 . -175 236617 10m 460 60 1.15 53.5 62 .32-"40 83 83 83 397 J 175 100 150 s '" 5 #.� _ ` 150 ,, 80 110 236668 Mm 380 60 1.15 82 93.2 .17-.22 82 83 83 501 H 250 150 225 " 175 236628Ion 575 60 1.15 54.2 61.6 .39-.48 82 83 83 331 H 175 100 150 250 236619 m= 460 60 1.15 80.5 31- 22-.27 84 84 84 518 H 250 150 225 r • 575'60t 5 ,a :r t 200 125 175 Model numbers are three lead motors. Six lead motors with different model numbers have the same running performance. but when wye connected for starting have locked rotor amps 33% of the values shown. 22 ,•\r .`� ,`�i�. Lv� oto rs Table (60 Hz) 2 Three Phase Motor Specifications 236650 ©® 2^00 60 1.15 17.5 19.1 .68-.84 79 79 77 99 H 60 35 45 6 '� W aialInch r :"; *� �:> � '" w}{� .; -f45� 30 40 236660 ©® 380 60 1.15 9.1 10 2.4-3 0 79 79 77 52 H 30 20 25 .••.,,l++s, �, 4C y ., 2 �' , �� ��� M •:. � , 3ff.FlrT $ ME ,,�. ;;; ka w+^ .... �: qLy;. ". ,:�.,.', - .: 25 15 20 0710 ^ 236620 ©® 575 60 1.15 6 6.6 5.9-7.2 79 79 77 34 H 20 15 15 MOM NE 32W �70 45 70 236601 ®® 230 60 1.15 2L8 24.6 .57,71 80 80 78 130 H 40 60 "OR'ursa vxK $�...� a: _: sx .45 25 35 236611 ®® 460 60 1.15 10.9 12.3 2.2-2 7 80 80 78 65 H 35 20 3C 20 25 236652 m® 200 60 1.15 "32.7 37 .33-.42 79 79 78 198 H 100 60 90 M 23660L`" • aAMM MGM« . i. x. 60 _. 80 236662 m® 380 60 1.15 17.2 19.5 1.2-1 5 79 79 78 104 H 60 35 45 �:�-x r-r � 236612 �4�0_ w0 �,;f5 �.�� .r z ; �* ik - w� ��"•H;Z ,fib a � 45 30 40 236622 m® 575 60 1.15 11.4 12.9 2.8-3.5 79 79 78 69 H 35 25 3C _:: a �,;..: w.•-ra • -7"w�a,•, : t,ae►yw , 90... : 125 236603== 230 60 1.15 41.6 47.4 .27-,33 81 81 80 266 H 150 80 110 mzcVYQ ■.. �r •. ' N s.$0 `<45 70 236613®M 460 60 1.15 20.8 H 70 40 60 23.7 1.1-1.3 81 81 80 133 BMW ."30 45 2366540190 200 60 1.15 61.9 69.7 .14-,17 82 82 81 416 J 200 110 175 3: $k , r r 1_7,S _ 100 150 236664 m® 380 60 1.15 32.6 36.7 .52-.64 82 82 81 219 1 100 60 90 f t� r 50 { : • 70 236624 m® 575 60 1.15 21.5 24.4 1.2-1.5 82 82 81 145 1 70 40 60 ..:.. : , u.. .;ro : < " . xs,�, ,250 ,.. 150 200 236605 ®1M 230 60 1.15 67 75 .15-.19 83 83 82 480 1 225 125 175 am W s. -,x 80 236615 ®IM/ 460 60 1,15 33.5 37.5 59-.73 83 83 82 240 J 110 60 90 236656 m® 200 60 115 90.9 104 .10,12 83 83 86 653 J 300 175 250 Win ®W 1 ' „ � ::' ' ._: 7 "M : }W, 250 150' • 225 236666 m® 380 60 1.15 47.8 54.7 .33-.41 83 83 86 317 1 150 90 125 ._- .... nmw % c s 14 . s \ .h � , .ti..., "125 80 110 236626 575 60 1.15 31.6 36,2 .78-.95 83 83 86 227 1 100 60 90 S�KIM W 200 125 175 236617 Mm 460 60 1.15 53.5 62 .32-.40 83 83 83 397 J 175 100 150 -�® 57b 's # • `33 j8`hEE " ."150 ,80 110 236668 =���= 380 60 1.15 82 93.2 .17-.22 82 83 83 501 H 250 150 225 �.>3;��Eras�9 i 529 .. i � � t, . s225< :125 175 236628 m® 575 60 1.15 54.2 61.6 .39,48 82 83 83 331 H 175 100 150 <*. 300 175 .. 250 236619 mM 460 60 1.15 80,5 91 .22-.27 84 84 84 518 H 250 150 225 wzrarmi-575 ..:60 �t:;: 5` " _ 71:8'. r41`d li: W 200' 125 175 yodel numbers are three lead motors. Six lead motors with different model numbers have the same running performance. iut when wye connected for starting have locked rotor amps 33% of the values shown, WA No Text I r Application - Three ` Table 22 Three Phase Motor Specifications (60 Hz) Motors lili.t OY9 Q.ato 236650©® 200 60 1.15 17.5 19.1 .68-.84 79 79 77 99 H 60 35 45 Inch 236660 ©® 380 60 1.15 9.1 10 2 4-3 0 79 79 77 52 H 30 20 25 25 15 20 236620 ©® 575 60 1.15 6 6.6 5.9-7 2 79 79 77 34 H 20 15 15 - xc'+ r--. a^r, a,,-Ts.t �rg k� , ; v ' . fsoa D'�• .. c' �r �. - 45 _ 70 236601 ®® 230 60 1.15 21.8 24.6 .57-31 80 80 78 130 H 70 40 60 s ._, A .45 25 35 236611 ®® 460 60 1.15 10.9 12.3 2,2-2.7 80 80 78 65 H 35 20 30 „�, sr 23662.�. ®rSZJr t .:.Wf. any' '�JF xz 7 IR$ =s % -rX C iG ,.:30 20.. 25 236652 m® 200 60 1.15 32.7 37 .33-.42 79 79 78 198 H 100 60 90 www,wYa Y "::. 236662 is® 380 60 1.15 17.2 19.5 1.2-1.5 79 79 78 104 H 60 35 45 » 236622 MM 575 60 1.15 11.4 12.9 2.8-3.5 79 79 78 69 H 35 25 30 .., MWE Z .,' . ME M- -1270 ,1 R :. M6 ": ,. 15a.. 90 125 236603 ®m 233e0 60 1.15 41.6 47.4 .27-.33 81 81 80 266 H 150 80 110 45,. 70 236613 ®m 460 60 1.15 20.8 23.7 1.1-1.3 81 81 80 133 H 70 40 60 236654 m® 200 60 1.15 61.9 69.7 .14-.17 82 82 81 416 1 200 110 175 100 150 - 236664 10® 380 60 1.15 32.6 36.7 .52-.64 82 82 81 219 1 100 60 90 2386f m®� :60. MRs AR , . N `,0. ., .90. .. 50 '. 70 23662410M.575 60 1.15 21.5 24.4 1.2-1.5 82 82 81 145 J 70 40 60 " u l t ` p - 150 200 v 236605�®K 230 60 1.15 67 75 .15- 19 83 83 82 480 1 x .25ty 225 125 175 xrgs1x +,fit �� 323Q .7 ai ... .- cs .,y. �W .. » ;126" .. 80 .. 110 236615®[M 460 60 1.15 33.5 37.5 .59-.73 83 83 82 240 1 110 60 90 236656 mM 200 60 1.15 90.9 104 .10-,12 83 83� 86 653 J 300 175 250 ,6 .83 150 7 225 236666m® 380 60 1.15 47.8 54.7 .33-.41 83 86 317 J 150 90 125 YYi'rePea4 . i:MY' 80 110 -• 236626 m® 575 60 1.15 31.6 36.2 .78-.95 83 83 86 227 ,1 100 60 90 - «sue � � ..:. ,�.<� , ••,• 125 , 175 236617 Mm 460 60 1.155 53.5 62 .32-.40 83 83 83 397 J 175 100 150 y82 _ 150 80 110 s 236668 m® 380 60 1.15 93.2 .17-.22 82 83 83 501 H 250 150 225 �n -z, 175 236628 m® 575 60 1.15 54.2 61.6 .39-48 82 83 83 331 H 175 100 150 r < F Y84 �84 4 s 4 236619 mZM 460 60 1.15 80.5 91 .22,27 84 518 H 250 . 150 225 . i "$I5 :, 1 .M. 125 175 Model numbers are three lead motors. Six lead motors with different model numbers have the same running performance. but when wye connected for starting have locked rotor amps 33% of the values shown. '_rK ,. �� ,,t' ; 6 oA. �� ril I. Application Throe Phase Motors Table 22 Three Phase Motor Specifications (60 Hz) [Vat 010 4•5 t>FP 236650 ©® 200 60 1.15 17.5 19.1 .68-84 79 79 77 99 H 60 35 45 6 R 260fr©� " •:� 45 30.. 40 Inch 236660 MM 380 60 1.15 9.1 10 2 4-3 0 79 79 77 52 .. H 30 20 25 25 154 20 236620 MM 575 60 1.15 6 6.6 5.9-7.2 79 79 77 34 H 20 15 15 2 ,Y` WK W :'80 45'.: 70 236601 MM 230 60 1.15 21.8 24.6 .57-.71 80 80 78 130 H 70 40 60 25 236611 ®M 460 60 1.15 10.9 12.3 2.2-2.7 80 80 78 65 H 35 20 30 Z. 'jC$1ttBY+: a 'p�:'; . '.�w•Yr' < ,.a. ., 20 25 236652 M® 200 60 1.15 32.7 37 .33-.42 79 79 78 198 H 100 60 90 2 Q _ � � .� -<. tilt � ���o .. ' _ so .. eo 236662 MM 380 60 1.15 17.2 19.5 1.2-1.5 79 79 78 104 H 60 35 45 1 ' � 4-5 30 " 40 236622 MM 575 60 1.15 11.4 12.9 2.6 3.5 79 79 78 69 H 35 25 30 Mom: 125 236603 Mm 230 60 1.15 41,6 47.4 .27 33 81 81 80 266 H 150 80 110 y'A. WK 45 70 236613 MM 460 60 1.15 20.8 23.7 1.1-1.3 81 81 80 133 H 70 40 60 30 45 236654 MM 200 60 1.15 61.9 69.7 .14- 17 82 82 81 416 1 200 110 175 236664 MM 380 60 1.15 32.6 36.7 52.64 82 82 81 219 J 100 60 90 50 70 236624 MM 575 60 1.15 21.5 24.4 1.2-1.5 82 82 81 145 J 70 40 60 236605 MM 230 60 1.15 67 75 .15-.19 83 83 82 480 J 225 125 175 M33.5 236615 MM 460 60 1.15 37.5 .59-73 83 83 82 240 1 110 60 90 236656 M® 200 60 1.15 90.9 104 .10-.12 w 83 83 86 653 J 300 175 250 225 236666 MM 380 60 1.15 47.8 54.7 .33-.41 83 83` 86 317 J 150 90 125 80`;:.' 110 236626 M® 575 60 1.15 31.6 36.2 .78-.95 83 83 86 227 J 100 60 90 200 125, 175 236617 MM 46600 60 1.15 53.5 62 .32-.40 83 83 83 397 100 150 ..- . !i}��ia"J 4Ms •�' a ? � ,. ., �82 '� ... .0 (J,� clef-Ea'�" t175 �4- 150 W - 110 236668 M® 380 60 1.15 93.2 .17-.22 82 83 83 501 H 250 150 225 MM ^� t,K4 c ..H 225 125 175 236628 MM 575 60 1.15 54.2 61.6 .39 48 82 83 83 331 H 175 100 150 ,MMaaQ'ir� »; n.2u� .:iJ �3�, : ,s30�:.. 175,:. 250 i 236619 MM 460 60 1.15 80.5 91 .22 27 84 84 84 518 H 250 150 225 ,1 . y 200' 125' 175 t�_ -- I numbers are three lead motors. Six lead motors with different model numbers have the same running performance when wye connected for starting have locked rotor amps 33% of the values shown. 22 ,......................::::::::::.:.:..:.:::.::..::.:..:....:....:.. ...................................................................................../H..........\........M ..1....../.../../............./............../....................\.....\/\.../../N ...... N......................f.....N....f/..... N............f.N................■..N....H................N...f... •••\• NH.�.......•..����...��9.0•..�f7�i �iMA/:N �.CCU \Y:..... :UMIC ..Y.N::Y.: ......................r: N....::.f..\..\N..\.\\H\..l\....M....N N\Y N.. ��. ...../\\H l/\l./l.11 l�lllll......H UHI Application - Three P Table 22 Three Phase Motor Specifications (60 Hz) ors 236650©® 200 60 1.15 17.5 19.1 .68-,84 79 79 77 99 H 60 35 45 6 40 Inch 236660 ©® 380 60 1.15 9.1 10 2 4-3 0 79 79 77 52 H 30 20 25 ~ 25, - , ...'• i5- 20 236620 ©® 575 60 1.15 6 6.6 5.9-7.2 79 79 77 34 H 20 15 15 70 236601 ®® 230 60 1.15 21.8 24.6 .57-71 80 80 78 130 H 70 40 60 ®®•35 ,> 236611 ®® 460 60 1.15 10.9 12.3 2.2-2 7 80 80 78 65 H 35 20 30 .m.' $.s, '... skf .30 20' 25 236652 200 60 1.15 32.7 37 .33-.42 79 79 78 198 H 100 60 90 Z"�'^+T�-•; < 2366Q2; iYM .'Sig'' r^ .ari a - 80 236662 m® 380 60 1.15 17.2 19.5 1.2-1.5 79 79 78 104 H 60 35 45 236622 575 60 1.15 11.4 12.9 2.8-3.5 79 79 78 69 H 35 25 30 23iG53• mOb;,`. .,, k� ir.. �' 90 "' " 125 236603 ®m 230 60 1.15 41.6 47.4 .27-.33 81 81 80 266 H 150 : 80 110 236613 ®m 460 60 1.15 20.8 23.7 1,1-1.3 81 81 80 133 H 70 40 60 �, He , H ' 45 236654 10® 200 60 1.15 61.9 69.7 .14-.17 82 82 81 416 J 200 110 175 'Ok i # . _ i swag,23H6l34 . _,W NO MWIu1,75 .. ?;=...,100 - 150 236664 M® 380 60 1.15 32.6 36.7 52,64 82 82 81 219 J 100 60 90 ay twat m is ME WOU 70 236624 m® 575 60 1.15 21.5 24.4 1.2-1.5 82� 82 81 145 J 70 40 50 200 236605 ®1M 230 60 1.15 67 75 .15-.19 83 83 82 480 J 225 125 175 80 110 236615 ®JM 460 60 1.15 33.5 37.5 .59-73 83 83 82- 240 J 110 60 90 FRIO RIV 70 23665610® 200 60 1.15` 90.9 104 .10-.12 83 83 86 653 J 300 175 250 225 236666 m® 380 60 1.15 47.8 54.7 .33-.41 83 83 86 317 J 150 90 125 f60 =a =ME of Is N R QW, a J?5 ` 60 ` 110 236626 m® 575 1.15 31.6 36.2 .78-.95 83 83 86 227 J 100 60 90 ' m No US WED.� 125 , :. 175 23661710m 460 60 1.15 53.5 62 .32,40 83 83 83 397 J 175 100 150 110 236668KI® 380 60 1.15 82 93.2 .17-.22 82 83 83 H 250 150 225 ` Ny501 125 ' . ': 175 236628 mm 575 60 1.15 54.2 61.6 .39-.48 82 83 83 331 H 175 100 150 236619 mfo 460 60 1.15 80.5 91 .22-.27T84 84 518 H 250 150 225 Mar 175 1 ,-Model numbers are three lead motors. Six lead motors with different model numbers have the same running performance. Mxit when wye connected for starting have locked rotor amps 33% of the values shown. 22 2,0wID CHECK E7ST RATING LICENSED)N TEXAS BY 42 STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $25,000) KNOW ALL MEN BY THESE PRESENTS, that Principal(s), and (hereinafter called the Principal(s), as (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Dollars ($ ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the day of ,20 ,to and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this _ day of 20 Surety *By: (Title) (Company Name) By: (Printed Name) (Signature) (Title) Bond # 769159 PAYMENT BOND _7. The American Institute of Architects, AIA Document No. A312 (December, 1984 Edition). Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Wolf Irrigation, Inc. Capitol Indemnity Corporation Box 490, 301 E. Service Rd. South P. O. Box 5900 Abernathy, TX 79311 OWNER (Name and Address): City of Lubbock P. O. Box 2000 Lubbock, TX 79457 CONSTRUCTION CONTRACT Date: January 23, 2002 Amount $36,997.90 Description (Name and Location) Madison, WI 53105-0900 Lubbock Land Application Remediation Well Pumping Equipment BOND Date (Not earlier than Construction Contract Date): February 4, 2002 Amount $36,997.90 Modifications to this Bond: ® None ❑ See Page 2 CONTRACTOR AS PRINCIPAL SURETY Company: Wolf Irrigation, Inc. Signature: } Name and Title: Ralph Wolf, President (Any additional signatures appear on page 2.) (Corporate Seal) Company: (Corporate Seal) Capitol Indemnity Corporation (FOR INFORMATION ONLY —Name, Address and Telephone) AGENT or BROKER: ANCO INSURANCE Bryan, TX 979-776-2626 1 The Contractor and the Surety, jointly and severally, bind them- selves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incor- porated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor. 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construc- tion Contract, provided the Owner has promptly notified the Con- tractor and the Surety (at the address described in Paragraph 12) of any claims: demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: Signature: Name and Title lie Weisser, Attorney in Fact OWNER'S REPRESENTATIVE (Architect, Engineer or other party): 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with sub- stantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor. .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were fur- nished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Con- tractor, or not'received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond. and enclosing a copy of the previous written notice furnished to the Contractor. ORIC 22114 (7-93) Page 1 of 2 5 If a notice required by Paragraph 4 is given by the Owner to the Con- tractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following a;.:tions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed . 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construc- ton Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Perfor- mance Bond. By the Contractor fumishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obli- gations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, pur- chase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were famished by anyone under the Construction Con- tract, whichever of (1) or (2) first occurs. If the provisions of this MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: . I ,. , Paragraph are void or prohibited by law, the minimum period of limi- tation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been fumished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statu- tory or legal, requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to fumish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limi- tation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdic- tion where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Con- struction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) SURETY (Corporate Seal) Company: Signature: Signature: Name and Title: Name and Title: Address: Address: Page 2 of 2 G•� K5&A�' INDEMNITY CORPORATION 4610 UNIVERSITY AVENUE, SUITE 1400, MADISON, WISCONSIN 53705-0900 PLEASE ADDRESS REPLY TO P.O. BOX 5900, MADISON, WI 53705-0900 PHONE (608) 231-4450 - FAX (608) 231-2029 No:. 550830 Know all men by these Presents, That the CAPITOL INDEMNITY CORPORATION, a corporation of the State of Wisconsin, having its principal offices in the City of'Madison, Wisconsin, does make, constitute and appoint ------------------- JULIE WEISSER, ROBERTA BURTON, KENT HAGOOD, CONNIE REGINI-----=-- -- ------------ ---------- ---- --------------- ------------- OR PEGGY RILEY -- its true and lawful Attorney(s)-in-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of ----------------------------=-------- NOT TO EXCEED $1,000,000.00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held on the 5th day of May 1960: "RESOLVED, that the President, and Vice -President„ the Secretary or Treasurer, acting individually or otherwise, be and they hereby are granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings, and other writings obligatory in the nature thereof, one or more resident vice-presidents, assistant secretaries and attomey(s)-in-fact, each appointee to have the powers and duties usual to such offices to the business of this company; the signature of such officers and seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seat shall be valid and binding upon the Company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any of said officers, at any time." IN WITNESS WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by its officer undersigned and its corporate seal to be hereto affixed duly attested by its Secretary, this 1st day of June, 1999. CAPITOL INDEMNITY CORPORATION Attest: ';i off '4a JGeor Virgtline M. Schulte, Secretary SIASEAL z°O . Fait. President STATE OF WISCONSINwScoHs COUNTY OF DANE POWER OF ATTORNEY On the 1 st day of June, A.D., 1999, before me personally came George A Fait, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Dane, State of Wisconsin; that he is the President of CAPITOL INDEMNITY CORPORATION, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. STATE OF WISCONSIN ap0 Wisrcii�i�i,, a COUNTY OF DANE VANE _ * F * _ :Jane F. Endres = ENURES Notary Public, Dane Co., WI qRr rv0`�O`�S\ My Commission Expires March 23, 2003 '�nii�nmuutn"`�� CERTIFICATE . I, the undersigned, duly elected to the office stated below, now the incumbent in CAPITOL INDEMNITY CORPORATION, a Wisconsin Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force Signed and sealed at the City of Madison. Dated the day of Paul J. Brei r, Treasurer This power is valid only if the power of attorney number printed in the upper right hand comer apears in red. Photocopies, carbon copies or other reproductions are not binding on the company. Inquiries concerning this power of attorney may be directed to the Bond Manager at the Home Office of the Capitol Indemnity Corporation. r 3 f r. The undersigned surety company mpn3sents that tt Is duly qualified bi do business in Texas, and hereby designates Paul T, Buchanan, Jr. an agent resident In Lubbock County to whom any mqulstte natices may be delivered and on wham seMCO of process may be had in ginatt is arising out of such suretyship. Capitol Indemnity Corporation Surd By: �) Attorney in Fact Approved as ro form: City of/Lubbock By; airy attorney - Nola: ff signed by an aficer of the surety company fhere rttttst be on file a ceditd ezfract f =n fire by-IMM sfic Mft that this portion has authority to sign such obligatiost_ If signed by sn Aft may In Fact, we must have copy of power of attorney for our fifes. 2 I IMPORTANT NOTICE: To obtain information or make a complaint: You may contract the Texas Department of Insurance.to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 -Austin, TX 78714-9104 Fax ## 1-512475-1771 Your notice of claim against the bond may be given to the surety- company that issued the bond by sending it to the following address: Mailing Address: Capitol Indemnity Corporation P.O. Box 5900 Madison, WI 53705-0900 Physical Address: Capitol Indemnity Corporation 4610 University Avenue Madison, WI 53705 You may also contract the Capitol Indemnity Corporation office by telephone at: Telephone Number: (608) 2314450 PREMIUM OR CLAIM DISPUTES: If you have a dispute concerning a premium, you should contract the agent first. If you have a dispute concerning a claim, you should contact the company first. If this dispute is not resolved; you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND This notice is for information only and does not become part of condition of the attached document. No Text ACORD� # PRODUCER oa ii" o THIS CERMFICATE IS ISSUE04S A MATTER OF INFORMATION Clark nsurance RileyY 1303 West ServiCe Rd. ONLY • MID CONFERS NO.". RIGHTS:'UPON THE'. CERTIFICATE HOLDER. THIS CERTIFICATE DOES, NOT `AMEND, EXTEND : OA . ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. COMPANIES AFFORDING COVERAGE - `.. Abernathy, TX 79311 COMPANY A•ONE BEACON w5URED COMPANY Wolf Ireigation, Inc_ 6 TEXAS MUTUAL COMPANY P.O. Box 490 Abernathy, TX 7931.1 C CKWANY ' '< � i3�� > �•r3;r � r �fr3f3 ' ♦ r •. ���'r)K> o '9£'.r ��tt pp ..� � 3)d' #�`'x u F3U fi. iL>; N s 3StuwwA1-'.:5� THIS Is TO cE-MFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDMON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCFUBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. cc LTR TYPE OF INSURANCE POLICY NUMBER eOLIQY rrr d=VZ DATE (MM/DDIM POLICYE XPWATION DATE (MM/DD/YY) LINTS OENERALUAmUTY GENERAL AGGREWE $ 10 0 0 0 0( A commcnclAL or: NERAL umiu y CLAIMS MACE 0 OCCUR CRR 670500 11 / 13 / O 1 11 / 13 / 0 2 X PROOUCTB • COMP/OP Am s JQg0oo 777 PFRSONAL & AOV INJURY ' S 10 0 0 0 0 ( OWNER'S & CONTRACMR'S PROT EACH OCCURRENCE S 10 0 0 0 0 ( FIRE DAMAGE one A S 5 0 0 0( MED E W c" om pw3w) S 5 0 0( A AUTOMOBILE LIABILITY ANY Au To QURZ�K 6 5 3 8 0 11 / 13 / 01 1 1/ 1.3 / 0 2 COMBINED SINGLE UM1T j 100000 BODILY IILYIINJURY YNJI 3 ALLOWNEOAUTOS SCHmjLeo w,0S X X =LY INJURY (P°racdGonO S H2;EU AU IQS NOrWWNEDAUTOS X PACPERTYOAWGE E GARAGE LIABILITY AUTOCNLY-EAACCIOENT S OTHER THAN AUTO ONLY: ANY AUTO FACH ACCIDENT f AGOREGATE S EXCESS LIABILITY EACH OCCURRENCE S 2 0 0 0 0 0( A X ummiu n eom CRDW 6 S 5 S 7 11 / 13 / O 1 11 / 13 / 0 2 AaGREGATH S 2 0 0 0 0 0( 2000000 $ 2 0 0 0 0 0( OTHER THAN UMBRELLA FORM S WOmIam COMPENSATION AND EMPWVF;M LIAwUTY TSF000111297 01/01/02 01/01/03 ER v y^ M- EACH AM ENT S S0000( F1 DISEASE • POLICY LIMITS 500001 THE PROPRIETON 0 IN0. PARTNEPSIDCECUTNE OFFS ARE; LK EXCL EL DISEASE - EA EMPLOYEE S 500001 UEnCR DESC pmm OF OPERAT[ONsALOCATIONWEHICL.ESISPECLAL ITEMS HOLDER IS ADDITIONAL INSURED ON GENERAL LIABILITY AND AUTO HOLDER IS AFFORDED A WAIVER OF SUBROGAITON ON GENERAL LIABILITY, AUTO AND WORKERS COMP ,`y.:: <''`„<o`,, E fr`>'>.. . h '... I�Fi,{� �3� Ci�c�IWNI,�iS, ';&��kck:i7a��G.:iit • .fir J ' o ba �hZS� yY`>i,:sil,<•>;r> �. a, <.-:..:s �. , o�Q S.•b � 'C^. 6nOULG ANY OF THE AnOVC 0CW4U m Poucing as CANC4LLm BEPOgE THE E04RATION DATE THEREOF, THE ISSUING OOMPANY WILL ENDEAVOR TO MAIL CITY OF LUBBOCK " DAYS WRITTEN NOTICE TO THE CINITIFICATE HOLDER NAMED TO THE LEFT, PO BOX 2 0 U A BUT FAILURE TO MAIL 3UCH NOTICC CHALL IMPOSE NO OOIJOATION OR LIABILITY 6 C O MUNICIPAL ]DRIVE T ,TTRAn rX . TX 7 9 4 S 7 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORJW PiPRESCHTAT�VFI s i a n CONTRACTOR CHECKLIST A -CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: 2 REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. No Text CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 23rd day of January, 2002 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and Wolf Irrigation of the City of Abernathy, County of Lubbock and the State of Texas hereinafter termed CONTRACTOR. WITNESSETH: That for and inconsideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #292-01/13M - LUBBOCK LAND APPLICATION SITE REMEDIATION WELL PUMPING EQUIPMENT - $36,997.90 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: City Secretary APP D S T O so Owner's Representative APPROVED AS TO FORM: �--e ! City Attorney ATTEST: Corporate Secretary o:il • t r �� Al CONTRACTOR: PRINTED NAME: J� R L P N K Vld� F TITLE: PRlrs, COMPLETE ADDRESS: Wolf Irrigation, Inc. P.O. Box 490 Abernathy, Texas 79311 No Text GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit WOLF IRRIGATION, INC. who has agreed to perform the work embraced in this contract, or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract; it shall be understood as referring to, City of Lubbock, or its representative CHES CARTHEL, CHIEF ENGINEER, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will - act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract' or "contract documents". 5. - INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of. work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. W 8. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of. same consistently accessible on.the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems said lines and grades are necessary for the commencement of the work contemplated by these contract documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. • •► :GPI •: �I�j� :►� : ► ►��C� The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be home by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and bome by the Contractor at its own cost and expense. The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. r9-1 •► Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. W: •► ;►s The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be bome by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. -11 9 1 DA I . A VA u It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the.work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C)(1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. It is further agreed that it is the intent of the contract documents that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 6 The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and insurance carriers shall defend, indemnify and hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 6TININKOT917 1► 1491:�► The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver.. The Contractor shall procure and cant' at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. The insurance certificates furnished shall name the City of Lubbock as an additional insured, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. It shall be the contractors responsibility to provide to the owner all proof of coverage Insurance documents including workers compensation coverage for each subcontractor. A. General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $1,000.000.00 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations Explosion & Collapse Hazard 7 Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury Advertising Injury Heavy Equipment B. Owner's and Contractor's Protective Liability Insurance. For bodily injuries, including accidental death and or property damage, $500,000.00 Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $500.000.00 Combined Single Limit, to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance/installation Floater Insurance. The Contractor shall obtain a Builder's Risk policy in the amount of 0% of the total contract price (100% of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance The Contractor shall have Umbrella Liability Insurance in the amount of $1.000.000.00 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. Worker's Compensation and Employers Liability Insurance Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500.000.00. 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC- 83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor'slperson's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with 8 the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of,the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially -affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date bome by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date bome by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. 10 (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 14 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 34 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE 'The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation Insurance. This Includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the Identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512/440-3789 to receive Information of, the legal requirements for coverage, to verify whether your 11 employer has provided the required coverage, or to report an employers failure to provide coverage;" and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the following language: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate Insurance carrier or, In the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (I)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. • „- Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such 12 individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, in addition to any statutory retainage rights it may have, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness. The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. -10 The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may 13 enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. *► -A ► The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract documents, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. If the Contractor should.neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $Q (ZERO) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. � ►�[ FI��T�T�:7��T:Tu : ► The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors 14 employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ 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. The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 15 No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. G4J_: IT, M ► On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 16 •�� •► •VITL91VI/ Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and 17 equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than_ the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. 18 The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. ►� •� •► •► •C ►, The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. The Contractor is required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the Contractor is required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. Al bonds shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. It is further agreed that this contract shall not be in effect until such bonds are so furnished. •era •� In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. • •; ► • • ► •: ►_► a :► Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 19 Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 20 ���\ /\ � r mil/ \' �\ RE: RESOLUTION NO.6262, ITEM NO.39, APRIL 8, 1999 EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Acoustical Ceiling Installer Air Conditioner Installer Air Conditioner Installer -Helper Asbestos Worker Asbestos Supervisor Bricklayer Bricklayer -Helper Carpenter Carpenter -Helper Cement Finisher Drywall Hanger Electrician Electrician -Helper Equipment Operator -Heavy Equipment Operator -Light Floor Installer Glazier Insulator-Piping/Boiler Insulator -Helper Iron Worker Laborer -General Mortar Mixer Painter Plumber Plumber -Helper Roofer Roofer -Helper Sheet Metal Worker Sheet Metal Worker -Helper Welder -Certified Hourly Rate 11.50 12.50 6.25 9.00 12.50 12.50 7.00 11.00 7.00 8.00 11.00 13.75 7.00 9.50 8.50 9.50 10.50 11.50 7.00 11.00 6.00 6.00 9.50 12.50 7.00 9.00 7.00 10.00 7.00 11.00 1 EXHIBIT B Paving and Highway Construction Prevailing Wage Rates cmft Hourly Rate Asphalt Heaterman 9.00 Asphalt Shoveler 6.00 Concrete Finisher 8.00 Concrete Finisher -Helper 7.00 Electrician 12.00 Flagger 6.00 Form Setter 7.00 Form Setter -Helper 6.25 Laborer -General 6.00 Laborer -Utility 6.75 Mechanic 8.00 Mechanic -Helper 7.00 Power Equipment Operators Asphalt Paving Machine 7.75 Bulldozer 8.00 Concrete Paving Machine 7.75 Front End Loader 7.25 Heavy Equipment Operator 8.00 Light Equipment Operator 7.25 Motor Grader Operator 9.50 Roller 6.75 Scraper 7.25 Tractor 7.25 Truck Driver -Light 6.50 Truck Driver -Heavy 7.00 2 EXHIBIT C Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. EXHIBIT D Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the fair Labor Standards Act. 3 No Text City of Lubbock Water Utilities Engineering Lubbock Land Application Site Remediation Well pumping Equipment. Technical specifications. Seal: I Section 01300 Submittal Requirements For bids to be considered and evaluated, the attached Bid Submittal must be accompanied with the following information. A. A pump curve derived from the manufacture certified testing of the pumping unit. This curve must clearly define the following minimum information: 1. The well number as related to the bid item. 2. The actual testing conditions (ie; temperature, fluid viscosity...) 3. The actual duty point. 4. An efficiency curve. 5. A brake horsepower curve. 6. Pump model number. 7. Pump bowl diameter. 8. Impeller diameter. B. A pump data sheet stating the following minimum information as derived from the certified test. 1. Gpm at the actual duty point. 2. Head at the actual duty point 3. Pumping efficiency at the actual duty point. 4. Brake horsepower at the actual duty point. 5. Shutoff head 6. Best efficiency point. C. A motor data sheet from the manufacturer detailing the following minimum information. 1. Rated RPM 2. Voltage required to operate 3. Service Factor 4. Motor efficiency at full load The above information will be used to assist in the evaluation of the bid submittal. Any bid submitted without this information will not be considered. Warranty information and manufacturers suggested maintenance information shall be submitted with the equipment upon delivery. Section 11200 SPECIFICATIONS FOR SUBMERSIBLE PUMPS & MOTORS The submersible pumps and motors described in these specifications shall consist of the following items: (1) Bowl assembly and motor completely assembled; (2) A metal or plastic shroud, which shall cause all the water entering the pump to flow past the motor; (3) Column pipe; (4) Power cable, clamps, flex conduit and splices; (5) Discharge assembly as herein described; All materials and equipment furnished by the Contractor under this contract shall be first class in every respect, shall be constructed and finished in a workmanlike manner, shall be modern in design, and shall not have been in service at any time prior to delivery except as required by tests. Each component of this pumping system must be NSF approved. The pump bowl, motor assemblies and cable shall be adequately crated to prevent damage in shipment and shall be delivered to the well site only on the day that the equipment will be installed in each well. Column pipe and fittings may be delivered to each well site prior to the day each pump is installed; however, the material and equipment is the responsibility of the Contractor until it is installed and accepted by the Owner. The head loss for each pump, as shown in the Bid Submittal, does not include head ' losses in pump column or each pump unit. A work sheet showing the calculations of w the characteristic of each pump and the head -capacity curves for each pump shall be included in each bid. The eight (8) submersible pump units shall be furnished and installed complete including furnishing any materials and equipment needed for to complete installation. The submersible motors furnished and installed under this contract shall be "NEMA Standard" submersible electric motors constructed in accordance with the Standards of the A.I.E.E. and N.E.M.A. The motors shall operate on 60-cycle, 3 phase alternating current, and 460 volts at a speed of 3500 R.P.M. Each motor shall have a 11200-1 horsepower rating equal to or in excess of the maximum load, which it will be required to handle, and shall have a 1.15 service factor on the output horsepower. A metal or plastic shroud shall be attached above the intake of each pump in such a manner that all water entering the pump shall flow past the motor from the bottom to the top. 3. SUBMERSIBLE PUMP: Each pump shall have the capacity, setting, and total head as described in the Proposal. The pump shall be the multi -stage type. The bowls shall be first quality, class 30 or better cast iron from a superior quality of iron remelted in a cupola, air, or electric furnace which will produce a metal that is tough and of uniform fine grains, without chilled surfaces, and which can be readily machined. All casting shall be clean, sound and without defects of any kind, which would impair the strength of the machine. No plugging, welding, or other repairing of defects will be permitted. The inside of the bowls shall be lined with vitra glass or baked porcelain enamel for wear resistance and efficiency. - The bowl shaft shall be ASTM A582 416 stainless steel. The shaft shall be ground and polished to provide a smooth bearing surface. Bowl bearings and impellers shall be ASTM B 584 silicon bronze. The impellers may be semi -open or closed -type and shall be locked securely to the shaft with a stainless steel tapered collet. The impellers shall be properly machined, balanced and filed for optimum performance and shall be free of vibration 4. COLUMN PIPE: Column pipe shall consist of Schedule 40, Standard weight, T & C, random length, black steel pipe. The diameter of the column pipe for each well shall be 4 inch, the overall length shall satisfy the pump setting requirement as listed with each bid item. The `op joint of column pipe on each pump shall be five feet (5') in length 5. POWER CABLE: There shall be furnished under these specifications a sufficient amount of power cable of proper size and voltage to reach from the motor terminal connection cable and shall extend into the junction box on the discharge head assembly. The cable shall be three -conductor standard copper, 600 volt, type RHW-USE. The wire shall be sized to adequately to carry the maximum load at which the pumping unit will operate. The cable shall have three (3) conductors, each conductor to be in an insulating watertight synthetic rubber or plastic jacket; the whole to be enclosed in an outer synthetic rubber or plastic jacket which shall be impervious to oil and water. The cable in the well from the junction box to the motor leads shall be attached at 20-foot intervals 11200-2 pump setting operation is completed, the power cable connected to the motor leads shall be tested with a megger. Flex conduit shall be included with this project extending from the junction box to the rigid conduit stubbed in the concrete floor. Bids will be evaluated by the City on basis of the following formula: .000189 x THD x GPM x $0.06 X 24hrs. x 365 days x 5 yrL Pump efficiency X Motor efficiency. The cost of operation will be added to the bid price and the total will be the evaluated bid. The TDH and GPM used in this calculation will be the actual test reported numbers taken from the submittal for the actual duty point. The pump efficiency will be the rated efficiency at the actual duty point and the motor efficiency will be the .manufactures rated efficiency stated in the submittal. J DI WVV 1 AN 1Zl1-M U1 The wellhead assembly shall consist of a three -fourths inch (3/4") thick steel plate twenty-four inches (24") by twenty-four inches (24") on the sides. A hole shall be cut in the center of the plate through which the threaded end of the five feet (5') length of column pipe shall be inserted, welded above, and below the plate in such a manner that the threaded end of the pipe shall extend six inches (6") above the top of the plate. A malleable iron straight threaded tee conforming to ANSI B 16.3 shall be mounted to the top of this short section of column pipe. This tee shall be positioned such that the run of the tee is in the vertical position and the branch of the tee is pointing to the collector pipe. The upper end of the Tee shall be equipped with a bushing or reducer and a 1 inch air and vacuum release valve. This valve shall be APCO Series 143 C or Val-Matic model 201 C. The valve shall attach to a one inch pipe nipple four inches long and shall be topped out with a one inch pipe nipple four inches long, a 90 degree ell and a 90 degree street ell with fine wire mesh covering the open end (see plans). Tapped holes for one -inch (1 ") pipe nipples shall be drilled on two (2) sides of the steel plates three and a half inches (3%') from the center of the plates. Each of the holes shall be equipped with one inch (1 ") pipe nipples four inches (4") long. Onc pipe nipple shall be equipped with a weatherproof electrical junction box for attaching the power cable to the submersible cable in the well and flex conduit to the stubout in the concrete floor. The second pipe nipple shall be equipped with a 900 street ell and a 90' standard ell. Pipe nipples, ells, and threaded reducing adapters shall be 150 pounds standard malleable iron. A third hole one inch (1 ") in diameter shall be drilled into the base plate three and a half inches (3Y2") from the center of the plate and on the side opposite the discharge pipe. A 1 inch schedule 40 threaded PVC pipe shall extend securely from this tap to 11200-3 the pumping unit. The PVC shall extend through the top of the base plate enough to seal with a one inch cap. Prior to setting the well head assembly in place on the concrete pump base, the top of the concrete base shall be brushed clean. Then three (3) beads of "DAP" caulking shall be placed in such a manner that a seal will be formed when the base plate and assembly are set in place. The edges of the base plate shall also be caulked. • � •� MEIN The wells in which these submersible pumps shall be installed are situated on the Lubbock Land Application Site, approximately 2 miles East of East Loop 289 between 19d' and 50'h Streets. A map locating these well sites is. included with this document. " • The project is situated on City of Lubbock property. The Contractor shall take precautions to protect his personnel and the property. Any claims for damages or losses as a result of the Contractor's activities, or those working on behalf of the Contractor, shall be at the expense of the Contractor. No 2un and no hum shall be allowed on this project. 11200-4 EXHIBIT A EXHIBIT A - Page 1 of 3 1", 900 STOCK ELL 1", 90°STREET ELL WITH FINE WIRE MESH 114 "LONG ON OPEN END STEEL NIPPLE r 1%4"LONG STEEL NIPPLE -0 1,900ELL AND 900 STREET ELL WITH WIRE MESH PVC CAP , 1"SCHEDULE 40 W/THREADED PIPE CWPLERS, EXTENDS TO PUMP UNIT -le APCO OR VAL-MATIC 1" AIR VALVE -E----THREADED REDUCER OR BUSHING 4"CLASS 150 900 ELBOW WITH SCREEN CONNECTIONS 1"PIPE NIPPLE 4" LONG 24"X24"X3/4"STEEL PLATE 4"SCHEDULE 40 STEEL COLUMN PIPE CONCRETE PUMP BASE (BY OTHERS) PROFILE OF DISCHARGE AND BASE PLATE 1 "= 6' EXHIBIT A - Page 2 of 3 ELECTRICAL CONDUIT (BY OTHERS) �. O D D D ID GRAVEL FEED PIPE D D D D (BY OTHERS) D D D p D D 2D D I � Q • D 1"PIPE NIPPLE 4"SCHEDULE 40 4"LONG /W D D COLUMN PIPE J BOX AND D D _ FLEX CONDUIT D 3X 24 " SQUARE D ^^ BASE PLATE 1 O D , 31�2, _N D D M / `103/4'CAS I NG D O (BY OTHERS) D 1"PVC PIPE 10PIPE NIPPLE WITH CAP 4"LONG WITH 900 D ELBOWS AND SCREEN p D D D D D D D D D D D PLAN VIEW OF PUMP BASE PLATE 1 11= 6' TO COLLECTOR SYSTEM CONCRETE PUMP BASE (BY OTHERS)