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Home My WebLink AboutResolution - 4848 - Contract - Kimery Painting Inc - LP&L Painting Holly One Boiler Structural Steel - 05_25_1995Resolution No. 4848 May 25, 1995 Item #19 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 and all related documents by and between the City of Lubbock and Kimery Painting, Inc., of Tulsa, Oklahoma, to furnish and install all services and materials as bid for the Lubbock Power & Light Painting Holly One Boiler Structural Steel, Grating, Stairways, and Hand Rails, which contract is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this ATTEST: & '-d �— .' LL L betty A johnson,-d4ty Secretary APPROVED AS TO CONTENT: Victor KilmanL Purchasing Manager APPROVED AS TO Donald G. Vandiver, First Assistant City Attorney :dplocdocs\1dmery.Res May 17, 1995 CITY OF LUBBOCK SPECIFICATIONS FOR LUBBOCK POWER & LIGHT - PADrMG HOLLY ONE BOILER STRUCTURAL STEEL, GRATING, STAIRWAYS, AND HAND RAILS BID #13244 CITY OF LUBBOCK Lubbock, Texas Office of Purchasing City of Lubbock P.O. Box 2000 Lubbock, Texas 7J457 B06-767-2167 MAILED TO VENDOR: April 20,1995 CLOSE DATE: May 3,1995 @ 2:00 P.M. BID #13244 - LUBBOCK POWER AND LIGHT PAINTING HOLLY ONE BOILER STRUCTURAL STEEL, GRATING, STAIRWAYS, AND HAND RAILS ADDENDUM # 4 Please modify or amend Contract Documents as follows: High pressure washing is the preferred method of cleaning with the enclosed test results for lead. YO W Ron Sheffield Senior Buyer PLEASE RETURN ONE COPY WITH YOUR BID TOACEANRLYSIS 6701 Aberdeen Avenue bibbock. texas 79474 8059794.1296 SAX 806.794 91298 TEL:806-7941_96 Apr 19 10 • 3 Pao .02S P .02� ANALYTICAL RESULTS FOR LUBBOCK POWER & LIGHT Attention: Jay Wadsworth 3500 E. Slaton Hwy. Lubbock, TX April 18, 1995 Receiving Date: 04/12/95 Sample Type: Paint Chips Project No: NA Project Location: Painting Steel TAO FIELD CODE Analysis Date: 04/17/95 Sampling Date: NA Sample Condition.: Intact Sample Received by: MS Project Name: NA TOTAL Pb (mg/kg) T34685 Aluminum <5.0 7 T34686 Yellow 47,800 t T34687 Beige 245 QC Quality Control 10.0 8 Precision 96 $ Extraction Accuracy 104 Instrument Accuracy 100 DETECTION LIMIT 5.0 METHODS: EPA SW 846-3052, 6010. TOTAL Pb SPIKE AND QC: Sample spiked with 2,000 mg/kg Pb and Blank spiked with 10.0 mg/kg Pb. Director, Dr. Blair Leftwich DATE .. Director, Dr. Bruce Mcbonell r IJW CrAxTUYSIS NTT �L ItIA- A Laboratory for Advanced Environmental Research and Analysis Office of Purchasing City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 606-767-2167 MAILED TO VENDOR April 17,1995 CLOSE DATE: April 18,1995 @ 2:00 P.M. NEW CLOSE DATE: May 3,1995 @ 2:00 P.M. BID #13244 - LUBBOCK POWER AND LIGHT PAINTING HOLLY ONE BOILER STRUCTURAL STEEL, GRATING, STAIRWAYS, AND HAND RAILS ADDENDUM # 3 Please modify or amend Contract Documents as follows: 1. The closing date has been changed from April 18, 1995 at 3:00 p.m. to the new closing date of May 3, 1995 at 2:00 p.m. PLEASE RETURN ONE COPY WITH YOUR BID I City of Lubbock P.O. Box 2000 Lubbock, Texas 75457 606-767-2167 I MAILED TO VENDOR: April 13,1995 Office of Purchasing CLOSE DATE: April 18,1995 @ 3:00 P.M. BID #13244 - LUBBOCK POWER & LIGHT - PAINTING HOLLY ONE BOILER STRUCTURAL STEEL, GRATING, STAIRWAYS, AND HAND RAILS ADDENDUM # 2 Please modify or amend Contract Documents as follows: 1. Test results shall be forthcoming of pruners beige, yellow, and low temperature aluminum. 2. Steel area on boiler painted aluminum: support bolts on top and the two inlet fan housing and inlet duct work stack support bolts and spring. Other than exhaust stack will be painted with DIM color ANSI 70 or approved equal. 3. Inside the two penthouses on the top of the boiler no painting will be necessary. 4. Doors on both sides and frames outside on boiler penthouses will be painted blue. 5. All walkway steel will be painted up to the point it enters into the building or elevator shaft. 6. Hand raiis on the third floor, uort;a oid vxiLe building, are W be painted3Tellow. You, Ron Sh cId Senior Buyer PLEASE RETURN ONE COPY WITH YOUR BID F f City of Lubbock P.O. Box 2000 Lubbock. Texes 72457 606-767-2167 Office of Purchasing MAILED TO VENDOR: April 11,1995 CLOSE DATE: April 18,1995 @ 3:00 P.M. BID 013244 - LUBBOCK POWER & LIGHT -PAINTING HOLLY ONE BOILER STRUCTURAL STEEL, GRATING, STAIRWAYS, AND HAND RAILS ADDENDUM # 1 Please modify or amend Contract Documents as follows: 1. Crane Rail and Support System including protruding support members above the roof of the building. 2. Boiler rods shall be included. 3. Test results shall be forthcoming of primer and aluminum painting for lead product. 4. Contractor shall clean up and containerize all waste blasting material. Lubbock Power do Light will be responsible for disposal. 5. Color for structural shall be 247 Blue, 137 Osha Blue. Handrails shall be 246 Yellow. Color chart #D4A-1001 dated 1-92. YOU, r . AA ZRonShuff7lfilcld Senior Buyer PLEASE RETURN ONE COPY WITH YOUR BID CITY OF LUBBOCK REQUEST FOR BIDS FOR r 4 TITLE: f LUBBOCK POWER & LIGHT - PAINTING HOLLY ONE BOILER STRUCTURAL STEEL, GRATING, STAIRWAYS, AND HAND RAILS r* ADDRESS: LUBBOCK, TEXAS k j� p i If i BID NUMBER: 13244 i PROJECT NUMBER: 7313.8314 a i. CONTRACT PREPARED BY: PURCHASING DEPARTMENT x ; h x 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. INDEX NOTICE TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS BID PROPOSAL - BID FOR LUMP SUM CONTRACTS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT GENERAL CONDITIONS OF THE AGREEMENT CURRENT WAGE DETERMINATIONS SPECIFICATIONS SPECIAL CONDITIONS NOTICE OF ACCEPTANCE Q GQ W U °z _ _ h.� �. � .� .. T_�; : C:_� 1_ .::; t� 4_ Ems. (�.: �i �.. _ Pon f. NOTICE TO BIDDERS BID #13244 Sealed bids addressed to Ron Shuffield, Senior Buyer, City of Lubbock, Texas, will be received at the office of the Purchasing Manager, Municipal Bldg., 1625 13th St., Room L-04, Lubbock, Texas, 79401, until 3:00 o'clock p.m. on the 18th day fof Aoril,1995, 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: "LUBBOCK POWER & LIGHT - PAINTING HOLLY ONE BOILER STRUCTURAL STEEL, GRATING, STAIRWAYS, AND HAND RAILS" After the expiration of the time and date above first written, said sealed bids will be opened by the Buyer at his office and publicly read aloud. It is the sole responsibility of the bidder to insure that his bid is actually in the office of Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written. The City of Lubbock will consider the bids on the filth day of May,1995, 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 and payment bond in accordance with Article 5160, Vernon's Ann. Civil St., in the amount of 1001/6 of the total contract price in the event that said contract price exceeds $25,000.00. Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior• as the rating of the bond company is a factor that will be considered in determination of the lowest responsible bidder. If the contract price does not exceed $25,000.00 the said statutory bonds will not be required. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and .� considered in the preparation of the bid submitted. The plans, specifications, proposal forms and contract documents may be examined at the office of the Purchasing Manager for the City of Lubbock, Lubbock, Texas. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to "i 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. r* 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. There willbe a pre -bid conference on 11th day of Aprril,1995, at 11:00 o'clock am. in the Electric Production Office at Lubbock Power & Light, 3500 E. Slaton Highway, Lubbock, Texas. 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 a format or if you require assistance, please contact the Purchasing Department at (806) 767-2167 (Monday Friday, 8:00 - 5:00 p.m.) or 1625 13th Street Room L-04 at least 48 hours in advance of the meeting. ADVERTISEMENT FOR BIDS BID #13244 Sealed bids addressed to Ron Shuffield, Senior Buyer, Purchasing Department, City of Lubbock, Texas, will be received at *. the Purchasing Office, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401 until 3:00 o'clock p.m. on the 18th day of April,1995, 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: "LUBBOCK POWER & LIGHT - PAINTING HOLLY ONE BOILER STRUCTURAL STEEL, GRATING, STAIRWAYS, AND HAND RAIU- After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Buyer and publicly read aloud. The plans, specifications, bid forms and contract documents may be examined at the office of the Purchasing Manager for the City of Lubbock, Texas. Attention of each bidder is particularly called to the Schedule of General Prevailing Rate of Per Diem Wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, Texas. Each bidder's attention is further directed to the provisions of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning such wage scales and payment by the contractor of the prevailing rates of wages as heretofore established by the City of Lubbock. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. There will be a prebid conference on the 11th day of April,1995, at 11:00 a.m., in the Electric Production Office at Lubbock Power & Light, 3500 E. Slaton Highway, Lubbock, Texas. 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 Purchasing Department at (806) 767-2167 (Monday Friday, 8:00 - 5:00 p.m.) or 1625 13th Street, Room L-04 at least 48 hours in advance of the meeting. GENERAL INSTRUCTIONS TO BIDDERS t'. r GENERAL INSTRUCTIONS TO BIDDERS SCOPE OF WORK The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with contract documents for the LUBBOCK POWER & LIGHT - PAINTING HOLLY ONE BOILER STRUCTURAL STEEL, GRATING, STAIRWAYS, AND HAND RAMS. All work covered by this contract shall be done in accordance with contract documents described in the General Conditions. All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. 3. PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. 4. TWE AND ORDER FOR COMPLETION The construction covered by the contract documents shall be fully completed within 90 (NINETY) consecutive calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to insure completion of the project within the time specified. S. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 6. AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 7. MATERIALS AND WORKMANSHIP The intent of these contract documents is that only materials and workmanship of the best quality and grade will be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor of full responsibility for providing materials of high quality and for 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. r r' 8. GUARANTEES All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents for his use during construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, suboontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 10. PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the proposed contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 11. TEXAS STATE SALES TAX This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 12. PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the 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. 13. BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost r 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. 14. EXPLOSIVES The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage which may occur as a direct or indirect result of the blasting. In addition, in all uses where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. Explosive materials shall not be stored or kept at the construction site by the Contractor. ' In all uses 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. I 15. CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 16. INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory j to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will 1 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 insurance certificates furnished shall name the City as an additional insured and shall further state that all subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from the .� Contractor to the effect that no work on this particular project shall be subcontracted. 17. LABOR AND WORKING HOURS Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations 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 awry wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: (1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. (2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 18. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a. penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each Laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 19. PROVISIONS CONCERNING ESCALATOR CLAUSES Proposals 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. 20. PREPARATION FOR PROPOSAL The bidder shall submit his proposal on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he proposes to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or'person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink. Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: (a) Bidder's name (b) Proposal for (description of the project). Bid proposals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no proposal may be withdrawn or altered thereafter. 21. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Proposal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. 0) 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. i F BID PROPOSAL BID PROPOSAL LUMP SUM PROPOSAL CONTRACT SCE: Tulsa, Oklahoma DATE: April 14, 1995 PROJECT NUMBER:13244 - LUBBOCK POWER & LIGHT HOLLY - PAINTING ONE BOILER STRUCTURAL STEEL, Proposal of GRATING, STAIRWAYS, AND HAND RAH S li;imery Painting, 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 for bids for the construction of a painting One Boiler Structural Steel, Grating, Stairvays, Hand Rails, and Crane Structural Steel having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all Libor, 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 raider the contract documents. MATERIALS. Seventeen Thousand Five Hundred Dollars (S 17,500.00 SERVICES: Fifty —One Thousand Three Hundred Thirty —Four Dollars ($ 51,334.00 TOTALBID: Sixty —Eight Thousand Eight Hundred Thirty —Four Dollar 68,834.00 ) (Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 90 (NINETY) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $100.00 (ONE HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract docwnents. Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with instruction number 20 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive: any formality in the bidding. r PON r fj The Bidder agrees that this bid shall be good and may not be withdrawn for a period off thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5% ) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him Enclosed with this proposal is a Cashier's Check or Certified Check for Dollars (S ) or a Proposal Bond in the sum of Five Percent of Amount Bid Dollars ($3441.70 ) which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within ten (10) days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be returned to the undersigned upon demand Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the Notice to Bidders. Contractor (Seal if Bidder is a Corporation) ATTEST: �s LIST OF SUBCONTRACTORS Minority Owned Yes No NONE OKLAHOMA SURETYCOMPANY t - Box 1409 . _ TULSA, OKLAHOMA 74101 - 6. BID 80MD KNOW ALL MEN BY THESE PRESENTS: That We. Kimery Painting, Inc. 176 S 122 E Ave Tulsa, OK 74169 as Principal, and the OKLAHOMA SURETY COMPANY, a corporation organiud and existing under the hws of the State of Oklahoma. and authorized !� to do business In the state of Oklahoma` as surely, zee held and firmly bound unto the City of Lubbock, Texas as obligee, in the sum of ---Five Percent (05%) of Amount Bid--- DOLLARS gwlul money of the Wilted States of America. to the payment of which sum of money well and VvV ID be made, the said Principal and Surely bind themsefts. their and each of their heirs, executors. administrators. successors and assigns, oft and sever dty, by these presents. j THE CONDITION OF TMS OBLIGATION IS SUCH, that. it the Obligee shall make any award to tho Principal for E - - Lubbock Power & Light — Painting Holly One Boiler Structural Steel, I Grating, Stairways, and Hand Rails. PM according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duty make and enter into a COMM with the ONigee in !' aaordance with the terms of said proposal or bid and sward and shall give bond for the faithful performance f fW, with the OKLAHOMA SURETY COMPANY as Sumly or with other Surety or Sureties approved by the Obligee: or N the Principal shall. in can of failure W to do, pay to the Obligee the damages which the Obligee may suffer by reason of such failure not exceeding the penalty of this bond. then this obligation than be nun and void. otherwise it shall be and remain in full force and effect. _ r Signed. Seated and Dated tis h18th hay April - 19 95 I - - Kimery Painting, Inc. F _ 1—D Principals) By t.. _ OKLAHOMA SURETY COMPANY t Cindi. L. S Attomty-intact etxs os a•ea• E , r.. } OKLAHOMA SURETY COMPANY w [. Z�ilsa, Oklahoma all Lfilen bV dint prrui&: That the OKLAHOMA SURETY COMPANY, a corporation of the Stare of Oklahoma, having its principal office in the city of Tulsa, Oklahoma, pursuant to the following By -Law, which was adopted by the Stockholders of the said Company, to -wit: Section 10, Article IV, "All bonds, policies, undertakings or other obligations of the corporation shall be executed in the corporate name of the Company by the Chairman of the Board, The President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize, The Chairman of the Board, President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, or other obligations of the corporation." t <. The Company does hereby constitute and appoint Thomas K . Baker, Cindi L . Smith and Barbara W. Crawford, individually of Tulsa,`foklahoma. its true and lawful atwtney(s)-in-fact, to execute, seal and deliver for and on its behalf as Surety, and as its act and deed, Any and all bonds and undertakings of Suretyship And the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said OKLAHOMA SURETY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Tulsa, Oklahoma. IN WITNESS WHEREOF, OKLAHOMA SURETY COMPANY has executed and attested these presents this 15th day of June 19 94 ATTEST: i1 1► "14 'SAM_MM_jjFkSO1i ASSISTANT SECRETARY TODD VICE PRESIDENT On this 15 th day of June , 19 9 4 before me, a NoOLry Public of the State of Oklahoma in and for the County of Tulsa, came the individual to me personally known to be the officer described in,pnd who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, said that he is the dierein described and authorized officer of the OKLAHOMA SURETY COMPANY aforesaid, and that the seal affixed to the preceding instrument is the corporate of said Company, and the said corporate seal and his signature as such officer were duly affixed to the said instrument by the authority and direction of the said Company, and that Article IV, Section 10, of the By -Laws of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, I have hejqafikFM ,oi ; id and affixed my official seal at the City of Tulsa, the day and year fast above written. O' "� •••.Fist STATE OF OKLAHOMA �� asp < = My Commission expires Z f 2 8 /9 S PUBLIC • • IN AND • COUNTY OF TULSA Z srArg qi� , :. G•�44 •' �� •��'••...•�' '� is Ka '94 C OVr11b1"Iff Public I, Sara Anderson Assist;nftE netW6Ib OMASURE MPANYdoherely thattheforegoingextracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said eorporatiod r� AaPoa.N. o "46;3 HZILL ••......... v. k 4HrjM this 18th day of April,;, , 19 95 ARA ANDERSON Assistant Secretary �'�1nIU111111�1 PAYMENT BOND BOND CHECK BEST RATING LiCENS Tp(Ag DATE S BY r OK31110 STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION, 1959 KNOW ALL MEN BY THESE PRESENTS, that Kimery Painting, Inc. Principal(s), and Oklahoma Surety Company (hereinafter called the Principal(s), as (hereinafter called the Surety(s), as Surety(s), are heldgd ATd unt the Ci (hereinafter called the Obligee), in the amount of Sixty Eight Thousand Eight un y ' u ^ W"k marl 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 25 t1hay of May , 19 95 , to Bid #13244 — Lubbock Power 6 Light, Painting Holly One Boiler Structural Steel, Grating Stairways, and Hand Rails. 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 Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, Regular Session, 1959, 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 5th day of June 19 95 , Oklahoma Surety Company Surety *By itic) Cindi L. Smith Attorney —in —Fact Kimery Painting, Inc. Principal By: (Title) By: (Title) The undersigned surety comparry represents that it is duly qualified to do business in Texas, and hereby designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Approved as to form: Oklahoma Surety Company Surety 77 itle) 'Texas ;Re dent Age_ikr Anna F: Boyles LRA#000590920 * Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. F.- PERFORMANCE BOND BOND CHECK BEST RATING LICENS T S % OAT BY Bond No. OK31110 " STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION 1959 I KNOW ALL MEN BY THESE PRESENTS, that Kimery Pa i�rrcilm er cafed the Principal(s), as Principal(s), and - Oklahoma Surety Company I (hereinafter called the Surethy�s),�s Surety(j), fe Meld d > uud unto the Ci ��(hereinafter called the Obligee), in the amount of Sixty Eig TYiousa g t un � t 3 086 a mon of the United States for the r, payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. May WHEREAS, the Principall9cJ5to Bide 3244 certain ubottcekn contract tra= & tLighObli a dated 8 eKZT vy of One Boiler Structural Steel, Grating Stairways, and Hand Rails and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, regular session 1959, 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 5tlbay of June , 19 95 Oklahoma Surety—Compally Kimery Painting, Inc. Surety Principal * B By: .0&�ALD 10apac (TiCef Cin L. Smith (Title) Attorney —in —Fact By: (Title) (Title) r - Q ;L The un ersigned surety company represents that it is duly Qualified to do business in Texas, and hereby designates T' agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of w process may be d in matters arising out of such suretyship. Approved as to Form City of Lubbock Cl homey Oklahoma Surety Company, Surety *g - itle) Texas' Res, ttt Ag4nE Anna F. Boyles LRA#000590920 * Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. r OKLAHOMA SURETY COMPANY r m Pon Tulsa, Oklahoma all clan 6g these preserrts: That the OKLAHOMA SURETY COMPANY, a corporation of the State of Oklahoma, having its principal office in the city of Tulsa, Oklahoma, pursuant to the following By -Law, which was adopted by the Stockholders of the said Company, to -wit: Section 10, Article IV, "All bonds, policies, undertakings or other obligations of the corporation shall be executed in the corporate name of the Company by the Chairman of the Board, The President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The Chairman of the Board, President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, or other obligations of the corporation," The Company does hereby constitute and appoint Thomas K . Baker, Cindi I; . Smith and Barbara W. Crawford, individually of Tulsa, Oklahoma. its true and lawful attorney(s)-in-fact, to execute, seal and deliver for and on its behalf as Surety, and as its act and deed, Any and all bonds and undertakings of Suretyship And the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said OKLAHOMA SURETY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Tulsa, Oklahoma. IN WITNESS WHEREOF, OKLAHOMA SURETY COMPANY has executed and attested these presents this 15th day of June , 19 94 ATTEST:, SARA ANDERSON ASSISTANT SECRETARY TODD BAZAT VICE PRESIDENT On this 15 th day of June , 19 94 before me, a No ry Public of the State of Oklahoma in and for the County of Tulsa, came the individual to me personally known to be the officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, said that he is the therein described and authorized officer of the OKLAHOMA SURETY COMPANY aforesaid, and that the seal affixed to the preceding instrument is the corporate of said Company, and the said corporate seal and his signature as such officer were duly affixed to the said instrument by the authority and direction of the said Company, and that Article IV, Section 10, of the By -Laws of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, I have hffrbhi6 st(41 *kpd and affixed my official seal at the City of Tulsa, the day and year first above written. A \ N j} 101. :� ��•'`�r r''•fi STATE OF OKLAHOMA .�, PUBLIC UB'C My Commission expires 2/28/98 • 04 ANO • t- — 1 6 COUNTY OF TULSA ' STATE � ; A _n. ena .,'� S,q •COva ,,� is�0Ka ry Public Sara Anderson I' T I, Assistant�`tAt1i jbWKLAHOMA SURETY OMPANY do hereby certi that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF I have hereunto set my hand and affixed the facsimile seal of said corporation II^ ��````�,1Stilif00lk11lr r �_ -'- 1`.b. a '17 r'.•....'.'.i•� %t` 1 s-ssss-OS e'''INPI I Q+H+�64 this 5th June day of cL ARA ANDERSON Assistant Secretary:: aJ CERTIFICATE OF INSURANCE i 7 PN* I F r 7777,7,� Aereptill. RTIFIp bO- c NSUR ISSUE DATE (MMIDDNY) NCE' FPRA� Fl 64,azigs PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND THE QUARLES AGENCY, INC. CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE PO. BOX 35487 POLICIES BELOW. COMPANIES AFFORDING COVERAGE 1-Ul.S,A.j OK 74153-0487 (91.8) 665 1252 COMPANY LETTER A COMMERCIAL UNION INS CO COMPANY LETTER STATE INSURANCE FUND INSURED, COMPANY`. LETTER KIMERY PAINTING, INC. P. 0. BOX 690867 COMPANY D LETTER TULSA, OK 74169-0867 COMPANY LETTER E -74 THIS IS TO CERTIFY THAT THE POLICiiS OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER I POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DDNY) LIMITS A GENERAL LIABILITY ARR 392 690 05/01/94 05/01/95 GENERAL AGGREGATE $ 2,000,000 X PRODUCTS-COMP/OP AGG. $ 24000J)010 COMMERCIAL GENERAL LIABILITY CLAIMS MADEOCCUR.00CUR. PERSONAL & ADV. INJURY $ 1,000,000 OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE $ 11000 000 FIRE DAMAGE (Any one fire) III 50.000 MED. EXPENSE (Any one person) $ 5,000 A AUTOMOBILE LIABILITY ANY AUTO FRAE 425 56 05/01/94105/01/95 I COMBINED SINGLE Limil, $ III 1.000.000 X ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per person) $ BODILY INJURY 'per, (Per accident) PROPERTY DAMAGE $ I GARAGE LIABILITY EXCESS LIABILITY EACH OCCURRENCE $ 1,000,000 A ]X UMBRELLA FORM XCU41795 05/01/94 05/01/95 AGGREGATE $ 1,000,000 OTHER THAN UMBRELLA FORM B WORKER'S COMPENSATION AND 0086518'94 1 05/01/94 05/01/95 STATUTORY LIMITS EACH ACCIDENT $ 500,000 DISEASE —POLICY LIMIT $ 500,000 EMPLOYER'S. LIABILITY DISEASE —EACH EMPLOYEE $ 500,000 OTHER A CONTRACTOR'S ARR 392 690 105/01/94 05/01/95 ANY ONE 41,500 1 EQUIPMENT 1 ITEM DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITEMS RE: BID #13244 - LUBBOCK POWER & LIGHT PAINTING HOLLY ONE BOILER, STRUCTURAL STEEL, GRATING, STAIRS & HANDRAILS CERTIFICATE HOLDER SHALL BE ADDED AS ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY AND AUTO LIABILITY E -44" SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO CITY OF LUBBOCK ,j MAIL -3-0- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO P. 0. BOX 2000 LUBBOCK, TX 79457 THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. U EPRESENTATIVE 777, 7-1 777', 77,711, i R , , 1A 7 77 Jl - i'POA AI:ORDe ' J PRODUCER THE QUARLES AGENCY, INC. P. O. BOX 35487 TULSA, OK 74153-0487 (918) 665-1252 IJ C,OVMAGES �' /�/, N�ISSUE DATE (MMIDDNY) I j� NCE 04/17/95 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE COMPANIES AFFORDING COVERAGE COMPANY LETTER A COMMERCIAL UNION INS CO COMPANY B LETTER COMPANY C LETTER COMPANY D LETTER COMPANY E LETTER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, CO LTR TYPE OF INSURANCE ; POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDNY) POLICY EXPIRATIO DATE (MMIDDNY) LIMITS GENERAL LIABILITY i GENERAL AGGREGATE__I_!_ 0 0 t_0 0 0 A COMMERCIAL GENERAL LIABILITY ARR 392 690 0 5/ 01 / 9 4 0 5/ 01 / 9 5 PRODUCTS-COMP/OP AGG. $ CLAIMS MADE L j OCCUR. PERSONAL 6 ADV. INJURY $ OWNER'S & CONTRACTOR'S PROT. € EACH OCCURRENCE _ ..�._ $ 1 000,000 �i FIRE DAMAGE (Any one fire) $ Mao. EXPENSE (" one Pam) Is AUTOMOBILE LIABILITY COMBINED SINGLE ANY AUTO LIMIT $ - - —; ALL OWNED AUTOS i BODILY INJURY—'_ SCHEDULED AUTOS (Per person) a� HIRED AUTOS --~ BODILY INJURY $ „ NON -OWNED AUTOS `! (Per accident) GARAGE LIABILITY —'--i PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ — I UMBRELLA FORM AGGREGATE $ w I OTHER THAN UMBRELLA FORM STATUTORY LIMITS WORKER'S COMPENSATION EACH ACCIDENT $ I AND DISEASE —POLICY LIMIT �r.11 EMPLOYER'S LIABILITY DISEASE —EACH EMPLOYEE $ OTHER , P. 0. BOX 690867 TULSA,10K 74169-0867 DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLESISPECIAL ITEMS RE: BID #13244 — LUBBOCK POWER & LIGHT PAINTING HOLLY ONE BOILER, STRUCTURAL STEEL, GRATING & HANDRAILS. k SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO I CITY OF LUBBOCK MAIL 10DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO r•l P. 0. BOX 2000 THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION LUBBOCK, TX 79457 OR LIABILITY OF ANY KIND UPON THEEAMPANY, ITS AGENTS OR REPRESENTATIVES. `I UTHORIZED ESENTATIVE / '8ABi0CARlS C[TRPARIiT1AN it>:191 i ACORII. CERTIFICATE OF INSURANCE 4i PRODUCER THE QUARLES AGENCY, INC. P. 0. BOX 35487 TULSA, OK 74153-0487 (918) 665--1252 INSURED KIMERY PAINTING, INC. P. 0. BOX 690867 TULSA, OK ISSUE DATE (MMIDD/YY) 06-14-95 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE CER A COMMERCIAL UNION INS CO COMPANY LETTER B CLARENDON NATL INS CO COMPANY `. LETTER COMPANY D LETTER 74169-0867 COMPANY i LETTER E COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE (MM/DDIYY) DATE (MMIDDIYY) LIMITS A GENERAL LIABILITY ARR 392 690 05/01/95 05/01/96 GENERAL AGGREGATE j 2,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOP AGG. j 2, 000, 000 CLAIMS MADE X OCCUR. PEREONAL & ADV. INJURY j 1,000,000 OWNER'S 6 CONTRACTOR'S PROT. EACH OCCURRENCE j 1 , 000, 00O FIRE DAMAGE (Any one fire) $ 50,000 MED. EXPENSE Wyone paw $ 59000 A AUTOMOBILE LIABILITY FRAE 425 56 05/01/95 05/01/96 COMBINED SINGLE X ANY AUTO LIMIT j 1,000,000 ALL OWNED AUTOS BODILY INJURY j SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY j NON -OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE j EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE j FL OTHER THAN UMBRELLA FORM B WORKER'S COMPENSATION H3541153CN STATUTORY LIMITS 05/01/95 05/01/96EAc,HACCIDENT j 500,000. DISEASE —POLICY LIMIT j 500,j 000 EMPLOYER'S LIABILITY DISEASE —EACH EMPLOYEE j500, 000 OTHER A CONTRACTOW S ARR 392 690 05/01/95 05/01/96 ANY ONE $ 41,500, EQUIPMENT r ITEM i I DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES/SPECIAL ITEMS "Builder's Risk - Commercial Union Insurance Co - Policy No CRR 442039 - 7-01-95/10-01-95 Limit of Liability - $68,000 - "all risk" subject to policy forms - $500.00 deductible 'jAdditional Insured Endorsement in favor of certificate holder - general liability & auto liabili- +,CERTIFICATE HOLDER CANCELLATION `� SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Lubbock EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO Lubbock, Texas THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. i ED REPRESENTATIVE �/ I I ACORD 25-S (7/90) CACORD CORPORATION 1990 'ACERTIFICATE OF INSURANCE ISSUE DATE (MMroD/YY) ., ,. 06-14-95 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLI q CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE THE QUARLES AGENCY, INC DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P 0 Box 35487 Tulsa, ok 74153 COMPANIES AFFORDING COVERAGE Ll'oMEARNY A COMMERCIAL UNION INSURANCE COMPANY _ - - _- _ _ ---- COMPANY B INSURED LETTER CITY OF LUBBOCK t COMPANY LETTER C LUBBOCK, TEXAS LGOMPA Y D COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MMlDD/YY) DATE (MMlDDlYY) �TR GENERAL LIABILITY GENERAL AGGREGATE $ 1 , OOO , OOO COMMERCIAL GENERAL LIABILITY PRODUCTS-OOMPIOP AGO. $ 1 CLAIMS MADE OCCUR. PERSONAL 3 ADV. INJURY $ A _X OWNER'S a CONTRACTOR'S PROT. CRR 442040 6-14-95 6-14-96 EACH DCCURRENCE $ 500, 000 FIRE DAMAGE (My one fire) $ MEM EXPENSE (A y one ptxson) $ AUTOMOBILE LIABILITY COMBINED SINGLE T ANY AUTO UMI - ALL OWNED AUTOS - -_.. .. BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY L NON -OWNED AUTOS (Per accident) $ GARAGE LIABILITY --- PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM -_.--•---..__.________.___`._.__..__...__.. i ; STATUTORY LIMITS WORKER'S COMPENSATION -- - EACH ACCIDENT $ AND j DISEASE -POLICY LIMIT $ EMPLOYER'S LIABILITY - DISEASE -EACH EMPLOYEE $ . OTHER DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES/SPECIAL ITEMS Designated Contractor: Kimery Painting, Inc. - P 0 Box 690867 - Tulsa, Ok 74169 CERi'IFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF LUBBOCK EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO LUBBOCK, TEXAS THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY IOND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. ACORD 25-S (7190) AMORIZED REPRESENTATIVE CACORD CORPORATION 1990 i l PW 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 10 days after the contractor 7 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 r� 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: I r 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." V, "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 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) - n, with the certificate of coverage to be provided to the person for whom they are providing services. ❑ LV.: Lam.: L_._ 1.:;::�-� 4.:.:�.-� Le� � �..: L�.: L._� L�: � �__� [.i_�_! C�: L.� i_....� � i�. 7 r"! I CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 25thdav of May,1995, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through David. R. Langston, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and KIMERY PAINTING. INCORPORATED of the City of Tulsa. County of Tulsa. and the State of OKLAHOMA. hereinafter termed CONTRACTOR WPTNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the band bearing even date herewith (if any) the r. CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID # 13244 - LUBBOCK POWER & LIGHT - PAINTING HOLLY ONE BOILER STRUCTURAL STEEL, GRATING STAIRWAYS, AND HAND RAILS - %8,834.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to famish 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. r The CONTRACTOR hereby agrees to commence work within tea days after the date written notice to do so shalt 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 ve executed agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: TI'Y S6cret4 v YOR tI MIL I or � v poe-1'040 Nx-10 AZ� r APPROVED AS TO FORM: CONTRACTOR: Z� . PRINTED 2 �.•/ a . �.- .'s COMPLETE ADDRESS: Kimery Paintiing, Incorporated P.O. Box 690867 Tulsa, OK 74169-0867 r r GENERAL CONDMONS OF THE AGREEMENT P' d, 0E4ERAL CONDITIONS OF THE AGREEMENT Whenever the word Owner, or the expression Party of the First Part, 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 the expression Party of the Second Part, or Second Party, is used, it shall be understood to mean the person, persons, co -partnership or corporation, to -wit: KIMERY PAINTING. INCORPORATED who has agreed to perform the work embraced in this contract, or to his or their legal representative;. l Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to JAY WADSWORTH, ELECTRIC PRODUCTION. City of Lubbock, under whose supervision these contract documents, including the plans and specifications, were prepared, and who will inspect constructions; or to such other representative, supervisor, or inspector as may be authorized by said Owner to act in any particular under, this agreement. Engineers, supervisor or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or men acting in behalf of the Contractor. 4. CONTRACT DOCIRAMM 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 his inspection in accordance with the Notice to Bidders. S. 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. The term Subcontractor, as employed herein, includes only those having a direct contract. with the Contractor for performance of work on the project contemplates 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. Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to him who gives the notice. r 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative shall review all work included herein. He has the authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and disputes and to discourage litigation, it is further agreed that the Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under this contract. He shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The Owner's Representatives' estimates and findings shall be conditions precedent to the right of the parties hereto to arbitration or to any action on the contract, and to any rights of the Contractor to receive any money under this contract; provided, however, that should Owner's Representative render any decision or give any direction, which in the opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with said Owner's Representative within 30 days his written objection to the decision or direction so rendered, and by such action may reserve the right to submit the questions so raised to arbitration as hereinafter provided. It is the intent of this Agreement that there shall be no delay in the execution of the work, therefore, written decisions or direction of the Owner's Representative as rendered shall be promptly carried out, and any claim arising therefrom shall be thereafter adjusted to arbitration as hereinafter provided. The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the Contractor a written decision on all claims of the parties hereto and on all questions which may arise relative to the execution of the work or the interpretation of the contract, specifications and plans. Should the Owner's Representative fail to make such decision within a reasonable time, an appeal to arbitration may be taken as if his decision had been rendered against the party appealing. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The 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 six (6) days make written appeal to the Owner's Representative for his decision. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor C is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of his agents or employees, or any other persons performing any of the work 7 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied himself 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 effect the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of this contract, shall effect or modify any of the terms or obligations herein contained. 18. CHARACTER OF WORKMEN The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform him in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or disorderly, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all reasonable 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 work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any 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 Observer has previously accepted the work through oversight or otherwise. If any work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's 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. F. - r f If any work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for 1 observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, �., inspections or approval, and any work which meets the requirements of any such tests or approval but does not meet the j requirements of the contract documents shall be considered defective. Such defective work shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under this agreement to make such inspections, tests, or approvals shall relieve the Contractor from his obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owners' Representative as unsuitable or not in conformity with plans, specification and contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATTONS 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 d 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 4 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 any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's proposal, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Oymer'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 actual field cost of the work, plus fifteen (15%) per cent. I In the event said extra work be performed and paid for under Method (C), 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 Workmen's Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these 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 1000/c, 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 (1501c) of the actual field cost to be paid to Contractor shall cover and compensate him for his 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 he should receive compensation or an adjustment in the constriction time, he shall 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). The Contractor will thereby preserve the right to submit the matter of payment to arbitration as herein below provided. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of this contract that all work described in the proposal, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. If the Contractor finds any discrepancies or omissions in these plans, specifications, or contract documents, he should notify the Owners' Representative and obtain a clarification before the bids are received, and if no such request is received by the Owner's Representative prior to the opening of bids, then it shall be considered that the Contractor fully understands the work to be included and has provided sufficient sums in his proposal to complete the work in accordance with these plans and specifications. It is further understood that any request for clarification must be submitted no later than five days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC The Contractor shall take out and procure a policy or policies of Workmen's Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workmen's Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state: and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend, indemnify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or claims of any character whatsoever, brought for or on account of any injuries or damages received or sustained by any person or persons or property, on account of any negligent act or fault of the Contractor or any subcontractor, their agents or employees, in the execution and supervision of said contract, and the project which is the subject matter of this contract, on account of the failure of Contractor or any subcontractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment with costs which may be obtained against the Owner or any of its officers, agents, or employees including attorney's fees. The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as an Independent Contractor, inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of his duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of his subcontractors. 28. CONTRACTOR'S INSURANCE 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 prior to contract execution. A. Comprehensive General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $500,000 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury (with exclusion "c" waived) r 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. i B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. The Contractor shall obtain an Owner's Protective or Contingent Public Liability Insurance policy naming the City of Lubbock as insured and the amount of such policy shall be as follows: For bodily injuries, including accidental death and or property damage, $500.000 Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/ProPert3' Damage, $500.000 Combined Single Limit, to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance The Contractor shall obtain a Builder's Risk policy in the amount of 100% of the total contract price (100% of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance The Contractor shall have Umbrella Liability Insurance in the amount of 1000 000 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. Worker's Compensation and Employers Liability Insurance Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self - insure issued by the commission, or a coverage agreement (IVCC-81, TWCC-82, TWCC-83, or TWCC- 84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in 0406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor F �i k 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. S. 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 f~ coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; r i (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 (1) - (T), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (S) Aprovision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. () 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: r E (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 r" agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the 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: 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 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 Teras 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 (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; r" y (ii) provide a certificate of coverage to the contractor prior to that person beginning work on the project; r., a (iii) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (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 ]mown, 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 (A) - ", with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than 15 employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY. EQUIPMENT AND SUPPLIES The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, all suppliers, including commissary, incurred in the furtherance of the performance of this contract When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated m 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, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness. Any and all communications between any party under this paragraph must be in writing. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or Owner thereof. The Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be r r ! . 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 harmless from any loss on account thereof. If the material or process specified or required by Owner is an infringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement r"u i 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, ^ which in any manner effect the contract or the work, and shall indemnify and save harmless the Owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners' r.� Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, he shall bear all exists arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. r 33. ASSIGNMENT AND SUBLETTING The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this contractual agreement. 34. TIME FOR COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the Notice to Proceed. !, If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $100.00 (ONE HUNDRED DOLLARS) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every calendar day that the Contractor shall be in default after the time stipulated for completing the work. i It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic change 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 of the impracticability and +� extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sustain, and the amount is I agreed to be damages the Owner would sustain and shall be retained by the Owner from current periodical estimates for ` payments or from final payment. It is further agreed and understood between the Contractor and Owner that time is of the essence of this contract. 35. T&M AND ORDER OF COMPLETION r- It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his work at such time and sessions, in such order of precedence, and in such manner as shall be most r 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 proposals; provided, also, that when the Owner is having other work done, either by contract or by his own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owners Representative, schedules which shall show the order in which the Contractor proposes to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. EXTENSION OF TIME The Contractor agrees that he has submitted his proposal in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 33 hereinabove set forth and that he shall not be entitled to, nor will he request, an extension of time on this contract, except when his work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for an extension of time, submitting therewith all written justification as may be required by Owner's Representative for such an extension as requested by Contractor. The Owner's Representative within ten (10) days after receipt of a written request for an extension of time by the Contractor supported by all requested documentation shall then submit such written request to the City Council of the City of Lubbock for their consideration. Should the Contractor disagree with the action of City Council on granting an extension of time, such disagreement shall be settled by arbitration as hereinafter provided. 37. HINDRANCE AND DELAYS In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays in securing material or workmen or otherwise. 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 judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. 38. QUAIVT'ITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided.In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their proposals offered for the work. It is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by arty process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the Owner against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the existence or character of the work 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in frill for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by him and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS k On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment. Owner's Representative shall review said application for partial payment and the progress of the work made by the Contractor and if found to be in order shall prepare a certificate for 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; said statement n shall also include the value of all sound materials delivered on site of the work that are to be fabricated into the work. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less S% of the amount thereof, which S% shall be retained until final t4 payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of this agreement. It is understood, however, that in case the whole work be near to completion, and this fact is certified to by Owner's Representative and some unexpected and some unusual delay occurs due to no fimlt or negligence on the part of the Contractor, the Owner may upon written recommendation of Owner's Representative pay a reasonable and equitable portion of the retained percentage due Contractor. 43. FINAL COMPLETION AND ACCEPTANCE Within thirty-one (31) days after the Contractor has given the Owner's Representative written notice that the work has been i completed or substantially completed, the Owner's Representative and the Owner shall inspect the work and within said l time, if the work be found to be completed or substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor his certificate of completion, and thereupon it shall be the duty of the Owner within thirty-one (31) days to issue a certificate of acceptance of the work to the Contractor. 44. FINAL PAYMENT Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final measurement and ' prepare a final statement of the value of all work performed and materials furnished under the terms of the agreement, and r shall certify same to the Owner, who shall pay to the Contractor on or before the 31st day after the date of certificate of completion, the balance due Contractor under the terms of this agreement, provided he has fully performed his contractual obligations under the terms of this contract; and said payment shall become due in any event upon said performance by the Contractor. Neither the certificate of acceptance nor the final payment, nor any provisions in the contract documents shall f- relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the special conditions (if any) of this contract or required in the specifications made a part of this contract. i-' E 45. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK Contractor shall promptly remove from Owners' premises all materials condemned by the Owner's Representative on account of failure to conform to the contract, whether actually incorporated in the work or not, and Contractor shall at his own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. 46. CORRECTION OF WORK AFTER FINAL PAYMENT Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of substantial completion. The Owner or the Owner's Representative shall give notice of observed defects with reasonable promptness. 47. PAYMENT WITHHELD The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on account of: (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them. 48. TIME OF FILING CLAIMS It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) days after the Owner's Representative has given any directions, order or instruction to which the Contractor desires to take exception. The Owners' Representative shall reply to such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal from the decision of the Owner's Representative, any demand for arbitration shall be filed with the Owner's Representative and the Owner in writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any claim by either party, except where noted otherwise in the contract documents. 49. ABANDONMENT BY CONTRACTOR In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the orders of the Owner's Representative, when such orders are consistent with this contract, this Agreement, or the Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra f"' Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and 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 his Surety shall pay the amount of such excess to the Owner, or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a 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. However, should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certificate of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials small be mailed to the Contractor and his Surety at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than the Contractor or his Surety, to their proper owners. 50. ABANDONMENT BY OWNER In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms E within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools, and equipment, and all materials on the ground that have not been included in payments to the Contractor and have not been incorporated into the work. Thereupon, the Owner's Representative shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value of all work actually completed by said Contractor at the prices stated in the attached proposal, the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or r.. provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the whole work to completion, and which cannot be utilized. The Owner's Representative shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this Agreement, and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this Agreement. 51. BONDS The successful bidder shall be required to fiunish a performance bond and payment bond in accordance with Article 5160, Vernon's Annotated Civil Statutes in the amount of 100% of the total contract price, in the event said contract price exceeds $25,000.00. If the contract price does not exceed $25,000.00, the statutory bonds will not be required. All bonds, if required, shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. And it is further agreed that this contract shall not be in effect until such bonds are so furnished. 52. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 53. LOSSES FROM NATURAL CAUSES Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 54. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control his own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during his performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 55. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. CURRENT WAGE DETERMINATIONS DGV:da 01=4M 1ITTnm Resolution #2502 January 8, 1987 Agenda Item #18 WHEREAS, the City Council has heretofore established the general prevailing rate of per diem wages for each craft or type of workmen or mechanics needed to execute public works contracts for the City of Lubbock in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and WHEREAS, such wage rates were established by Resolution No. 719 enacted February 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984; and WHEREAS, such rates need to be updated at the present time in order to reflect the current prevailing rate of per diem wages; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the general prevailing rate of per diem wages for public works contracts shall be as set forth in the following named exhibits, which exhibits shall be attached hereto and made a part hereof for all intents and purposes: . Exhibit A: Building Construction'Trades Exhibit 8: Paving and Highway Construction Trades Exhibit C: Electrical Trades Exhibit D: Overtime Rate Exhibit E: Weekend and Holiday Rate Such wage rates are hereby found and declared to be the general prevailing rate of per diem wages in all localities where public works are undertaken on behalf of the City of Lubbock and such wage rates shall be included in all public works contracts as provided by law. Passed by the City Council this 8th day of January 1987. Ranett6.,Boyd, City Secretary APPROVED M TO ONTENT: .1 Xlx� //, Bi 1 P yne, D rector of Building (^ Services B.C. McMINN, MAYOR APPROVED AS TO FORM: i Donald G. Vandiver, First Assistant City Attorney 7 EXHIBIT A , City of Lubbock Building Construction Trades Prevailing Rates Craft Hourly Rate .Acoustical Ceiling Installer $11.60 Air Conditioner Installer 8.35 Air Conditioner Installer -Helper 5.50 Bricklayer 10.50 Bricklayer -Helper 5.00 Carpenter 11.00 Carpenter -Helper 5.50 Cement Finisher, 7.35 Drywall Hanger 8.70 Electrician 10.50 Electrician -Helper 5.25 Equipment Operator - Heavy 8.00 Light 5.70 Floor Installer 8.00 Glazier 7.50 Insulator, Piping/Boiler 9.50 . Insulator -Helper 5.00 Iron Worker 7.30 Laborer, General 4.75 Mortar Mixer 5.60 Painter 8.75 Plumber 9.25 Plumber -Helper 6.00 Roofer 7.65 Roofer -Helper 4.75 Sheet Metal Worker 8.75 Sheet Metal Worker -Helper 5.50 Welder - Certified 8.00 r++ EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Craft Asphalt Heaterman Asphalt Shoveler Concrete Finisher Concrete Finisher -Helper Electrician Flagger Form Setter Form Setter -Helper Laborer, General Laborer, Utility Mechanic Mechanic -Helper POWER EQUIPMENT OPERATORS Asphalt Paving Machine Bulldozer Concrete Paving Machinist Front End Loader Heavy Equipment Operator Light Equipment Operator Motor Grade Operator. Roller Scraper Tractor Truck Driver - Light Heavy Hourly Rate $5.25 4.75 7.35 4.75 10.50 4.75 6.50 5.50 4.75 5.80 6.50 6.00 6.00 5.25 6.50 5.85 6.40 6.40 8.00 5.25 5.25 5.50 5.25 5.25 EXHIBIT C Electric Construction Trades Prevailing Wage Rates Craft Power Line Foreman Lineman Journeyman Lineman Apprentice Series Groundman Series Hourly Rate $11.00 10.45 8.90 7.25 EXHIBIT D Prevailing Wage Rates Overtime Rate The rate for overtime (an excess of forty hours per week)is l 1/2 times base rate. EXHIBIT E Prevailing Wage Rates Weekend and Holiday Rate The rate for weekend and holiday is.l 1/2 times base rate. r SPECIFICATIONS Lubbock Power and Light Painting Specifications for Holly One Boiler Structural Steel, Grating, Stairways, and Hand Rails A. Scope of Work Properly prepare and paint boiler steel and associated on Holly Unit No. 1 B. Codes and Standards All surface preparation, painting, coating, materials and other work performed in accordance with this specification shall comply with all local and national laws and regulations, and shall be in compliance with, but not limited to, the latest editions as determined by the purchase order date and applicable sections of the following standards, codes and specifications: Steel Structures Painting Council (SSPC) SSPC- SP1 Solvent Cleaning SSPC-SP3 Power Tool'Cleaning SSPC-SP6 Blast cleaning to commercial blast SSPC-PA2 Measurement of dry paint thickness with magnetic gauges. Chapter 502 Texas Hazardous Communication Act OSHA Chapter 29, Center Section 1910-1200 If the requirements of this specification differ from the Supplier's normal procedures, the requirements of this specification shall govern, unless otherwise approved by Lubbock Power and Light. C. . Submittals and General Requirements Submittals The contractor shall identify the specific coating materials by catalog number and submit in written procedures with the latest published application instructions. The manufacturer's written procedures shall include provisions for storage, handling, surface preparation, environmental control, application, touchup and repair, curing and inspection of the coating system. These procedures shall be submitted by the contractor for Lubbock Power and Light's review and permission to proceed prior to use. General Requirements The contractor shall impose all requirements of this specification on any subsuppliers or subcontractors performing work related to this specification. The contractor shall provide all facilities and equipment for all work furnished within the scope of this specification. The contractor shall furnish all necessary equipment' to ensure the environmental conditions of the following paragraph in the work area to meet contracted delivery or completion schedules. The temperature of the substrate shall be a minimum of 5'F above the dew point during surface preparation. coating application and curing. The substrate temperature during coating application and curing shall be between a minimum of 50'F and a maximum of 90'F and the relative humidity shall not exceed 85%. D. Materials Unless otherwise specified, all coating materials used on' any one surface or piece of equipment shall be products accepted by Lubbock Power and Light. Materials from different 'manufacturers shall not be used over each other without prior written consent of each manufacturer. E. Coating System Coronado Direct to Metal Acrylic Coating System Primer 180-11 Paint 180 or approved equal Paint manufacturer's recommendations for painting application, such as drying time between coats, mixing of paint, application equipment etc., shall be rigidly followed. Materials used for touchup of coated surfaces shall be the same as those originally applied. Thinners, solvents and cleaners shall be as recommended by the coating material manufacturer and shall be identified by the product number of generic formulation. Coating materials shall be delivered to the place of,application in the manufacturer's unopened, original containers bearing a legible product designation, batch number and date of manufacture. Containers which are damaged such that the contents are exposed shall not be used. The material shall be handled and stored in accordancewith the manufacturer's latest published instructions and shall be protected from damage, moisture. direct sunlight and temperatures below 40'F or above 100'F. Containers of coatings or components shall not be opened except for immediate use. Materials'shall be used within 12 months of their manufacture and in no case shall exceed the manufacturer's recommended shelf life'. r' r' F. Surface Preparation The surface to be coated must be dry, clean and free of rust, mill scale. oil, grease, or any other surface contaminates that could affect proper adhesion. The coating life of DTM water born acrylic enamel is dependent on the degree of surface preparation and correct surface profile. Abrasive blast cleaning to SSPC-SP6 commercial blast is recommended for areas that are unexcessible by SSPC-SP3. Abrasive blast cleaning shall not be performed in any area where the coating or curing of coated surfaces will be affected. All surfaces and equipment which are not to be coated shall be protected from abrasive blast cleaning. If rusting occurs or if the cleaned surfaces become wet or otherwise contaminated prior to coating, they shall be recleaned to the degree specified herein. G. Mixing and Applying Coatings The contractor shall be qualified to apply the specified coating material in accordance with the manufacturer's written procedure and within guidelines set forth in this specification. The mixing, applying and curing of the coating material shall be in accordance with the manufacturer's latest published instructions and the requirements specified herein. In cases of conflict between this specification and the paint manufacturer's printed instructions, the contractor shall notify Lubbock Power and Light requesting resolution prior to commencing with paint application. Coating materials shall be thoroughly mixed until they are smooth and free from lumps. Mixed materials shall be agitated to keep the solids in suspension during application. No blasted or exposed metal surfaces shall be allowed to remain uncoated overnight. Care shall be taken to ensure the quality of prepared surfaces does not deteriorate before the application of the paint. The coating materials shall not be applied when there is moisture on the surface when dust is present which 'dirt or other detrimental materials have decontaminated the surface. Runs, sags, voids, drips, overspray, loss of adhesion, blistering, peeling, mudcracking, inadequate cure or rusting of the substrate are not permitted. Defects shall be corrected as detected during application of the coating. r r ' Any deviation from the requirements containedwithin this specification shall be corrected by the contractor at the contractor's sole expense. in accordance with this specification. In the event that, spray is chosen as the method of application the contractor is solely responsible for drift and overspray. H. Inspections Inspection of painting work in progress or completed may performed at any time by Lubbock Power and Light.` Any defects disclosed by inspection shall be reinspected after correction. The contractor shall furnish the necessary testing and inspection instruments, properly calibrated and maintained. Such equipment shall be available for use by Lubbock Power and Light in conducting surveillance of the work. Prior to using compressed air,'air quality downstream of the separator shall be tested by blowing the air onto a clean white blotter `or cloth for two minutes to check for any contamination, oil or moisture. This test shall be performed at the gegi nni ng and end of each shift and at not less than four hour intervals. This test also shall be made after any interruption of the air compressor operation` or.as required: by Lubbock Power and Light. The air shall be used only if the test indicates no visible contamination, oil or moisture. If contaminants are evident, the equipment deficiencies shall be corrected and the air stream shall be retested. Separators shall be bled continuously. All lines shall be tested individually prior to use. Surfaces which are determined to have been blasted with contaminated air shall be reblasted with clean air and abrasive. Coatings, which have been determined to have been applied using contaminated air shall be removed and reapplied using clean air. The dry film thickness shall be measured with a Mikro-test FIM gauge, or an accepted equivalent, at five evenly spaced points for each.100 square feet of surface area or at five evenly spaced points on each piece less than 100 feet z in area. The testing method shall be in accordance with SSPC PA-2. Dry film thickness minimum requirements are wet 4.5 mills, dry, 1.8 mills per coat of new material. The film shall be visually inspected for defects and shall meet the requirements of Section G. TECHNICAL DATA RESIN TYPE: Acrylic ` SOLIDS: 180-1 182-1 128-1 Weight - 51.0% 54.8% 56.4% Volume - 40.0% 42.6% 40.0% WEIGHT PER GALLON: 180-1: 10.1 lbs., 182-1: 10.5 lbs., 128-1: 11.2 lbs. VISCOSITY- 80 t 5 Krebs Units FLASH POINT- 2000 F. or over (TT-P-141, Method 4293) SPECULAR GLOSS: 180-1: 80%, 182-1: 50 f 5%, 128-1: 1-5% SAG RATING: Pass 8 mils (Lenetta) RECOMMENDED FILM THICKNESS: Wet - 4.0 to 5.0 mils Dry - 1.6 to 2.0 mils 180 & 182 Series ABRASION RESISTANCE: ASTM D4060 - 100 mg. loss after 1,000 cycles (CS-17 Wheel) ADHESION: ASTM D3359 - Pass 5B FLEXIBILITY: ASTM D1737 - Pass Va" Mandrel ACCELERATED WEATHERING: ASTM G53 - 90% Gloss Retention p 500 hours SALT FOG RESISTANCE: ASTM B1117 - 1,000 hours (two coats over 180-11 Primer) Rating - 10, Rust Area - 0.00% VOCNOS STATEMENT: 180 & 182 Series contains a maximum of 1.8 pounds of VOCNOS per gallon of coating. 128-1 DTM Dryfall contains 2.0 pounds/gal. CHEMICAL ABSTRACT NUMBER: Acrylic Resin Proprietary 180 & 182 Series Titanium Dioxide 13463-67-7 Glycol Ether 111-77-3 Water 7732-18-5 Ester Alcohol 25265-77-4 DRY TIME: To Touch - 30 minutes Recoat - 2-4 hours Full Cure - 7 to 10 days CAUTION: CAUTIONI Do not take internally. Close container after each use. KEEP OUT OF REACH OF CHILDREN. YOUR LOCAL CORONADO DEALER _ `- -, coronciao c EDGEWATER, FlA1110A U.Sh 32132-M nt C' 0" M` � an 0 SCHERTZ, TEXAS U.S.A. 76164MO x=µCA3 APPLICATION: Stir product thoroughly before applying. Coronado DTM Acrylics can be applied by brush, roller, air -atomized or airless spray at up to 425 square feet per gallon. Apply these coatings when material, air and surface temperatures are between 55OF and 100aF. The substrate must be at least 5aF above dew point. Relative humidity should be below 900/b. For brush or roller application, thinning is normally not required. For best application results, use a quality syn- thetic filament brush or a short nap roller cover. For airless spray application, thin material up to 10% with clean water. Do not apply DTM Acrylic Finishes if rain is threatening. If heavy night dew is forecast, stop painting at least 6 hours before dew point is achieved. If rust bleed should occur through the film, apply additional coats of product. DTM Acrylics will dry.to the touch in 30 minutes and may be recoated in 2 hours. High humidity and low temperature con- ditions will extend normal dry and recoat times. Airless Spray: Air Spray: Pump: 30:1 Bulldog (Graco) Binks DeVilbiss Graco High Pressure Filter: 60 Mesh Spray Gun: 18 or 62 JGA502 or 800 Fluid Hose: 1/2" x 100' or 3/8" x 50' MBC510 Airless Gun: Graco 208663 Fluid Nozzle: 66 or 63C FF or E 03 or 04 Tips:.015" — .021" Air Cap: 66PE or 704, 765 02,021, Minimum pressure to avoid fingering: 2000 psi 63PB or 78 or 03 PRODUCT DESCRIPTION: (128-1 DTM DRYFALL) Coronado DTM Acrylic Dryfall Flat is designed to be applied direct to metal with airless or conventional spray equipment. This flat rust inhibiting finish may be used to coat galvaniz- ed steel, ferrous metal, concrete, plaster or drywall. DTM Dryfall is ideally suited for coating interior ceilings and structural members. Overspray dries to a dust within a 10 foot fall, during normal drying conditions. This feature greatly reduces the cost of masking and covering as the dry overspray can be swept up after application. APPLICATION: Stir product thoroughly prior to use. Apply by conventional or airless spray, as noted above, at up to 400 square feet per gallon. Changes in relative humidity will cause significant dif- ferences in the distance required for dry fall characteristics. At 50% relative humidity the pro- duct will dry fall at 8 to 10 feet. However, at 90% relative humidity, as much as 15 feet may be necessary for overspray to dry. Do not apply when material, surface or air temperatures are below 500F. Thinning is generally not necessary. If required, use clean water sparingly. STORAGE CONDITIONS: Always store DTM Acrylics in a dry, well ventilated area. Storage temperatures should be between 40OF and 1200F. Do not let material freeze. DTM WATERBORNE ACRYLIC ENAMEL PRODUCT DESCRIPTION: (180 & 182 SERIES) Coronado Direct to Metal Acrylic Enamel is a high performance, rust inhibiting coating system that can be applied to bare steel, galvanized steel or a variety of other substrates. DTM Acrylic Enamel is designed for light to moderate industrial exposures and is suitable for most institutional or commercial applications. This product is available in 180 Series Gloss Finish, 182 Series Semi -Gloss Finish and is companioned with 180-11 High Performance Acrylic Rust Inhibiting Primer to provide unparalleled corrosion performance in normal atmospheric en- vironments. Coronado DTM Acrylic Enamel is a low odor, low VOC coating that provides ex- cellent adhesion, corrosion protection; gloss and color retention, as well as ease of application and clean up, being a waterborne system. WHERE TO USE: Interior -Exterior. DTM Acrylic Enamel is suitable for coating steel, galvanized metal, con- crete, masonry, plaster, drywall, primed wood, etc; in plants, schools, warehouses, mills, hospitals, hotels and restaurants. DTM Acrylic may be applied to structural members, tanks, towers, machinery, pipes, duct work, doors, railings, siding or walls. SURFACE PREPARATION: The surface to be coated must be clean and free of loose rust, dirt, chalk, grease, oil, mildew, loose, flaking paint or any other contaminate that could affect positive adhesion. The preferred method of preparation for steel is to abrasive blast to SSPC-SP6 Commercial Blast. This pro- vides optimum product performance. If this method is not possible, use adequate power tool cleaning to SSPC-SP3. Coronado DTM Acrylic Enamel may be applied to sound, tight adhering rust, but loose or severe rust must be removed. All grease, oil, blood, animal fat or dirt should be cleaned with Coronado Sur -Prep I Emulsifier. Follow all label instructions. Chalk residue or zinc oxidation, on galvanized metal, should be removed by powerwashing. Mildew should be cleaned by washing the surface with a solution of one part bleach to six parts water. Rinse thoroughly after mildew wash with clean water and allow to dry. Extremely glossy paints should be dulled by sanding to improve adhesion. PRIMING: (New or Bare Surfaces) STEEL - DTM Acrylics are self -priming when applied in two coats. For maximum product - performance, apply a first coat of 180-11 High Performance Rust Inhibiting Primer. GALVANIZED - product is self -priming. MASONRY - self -priming or Coronado 48-11 Masonry Sealer. CONCRETE - self -priming or Coronado 946-11 Latex Block Filler. DRYWALL - use Coronado 40-11 Primer/Sealer. PLASTER - use Coronado 40-11 Primer/Sealer. WOOD - use Coronado 410-11 Primer for exterior wood and 116-11 Grip & Seal for interior wood. r m F �{ �.p .wjx•Y 7r.-x1 4ti •r,p ve+'"R.:iiA'Wyi. TY.:3 H`4 .b�. L vw �'1'_ �.wir6..Sw 'Yi • • 0 ire. r� • '.ter•.+•.. F4 .: u. , t . MWAdMWW ,.. Ab i Y i+ F j {pt ' 1. trol F . i SPECIAL COMMONS 7 i_ t 7 4�I1i�! t i Z f I: r i NOTICE OF ACCEPTANCE TO: The City of Lubbock, having considered the proposals submitted and opened on the day of 199� for work to be done and materials to be furnished in and for: as set forth in detail in the Specifications, Plans, and Contract Documents for such work for the City of Lubbock; it appearing that your proposal is fair, equitable and to the best interest of said City, please take notice that said proposal was accepted by the City r• Council of the City of Lubbock on the day of 199_ at the bid price contained therein, subject to the execution of and furnishing of all contract documents, bonds, certificates of insurance, and all other documents specified and ` required to be executed and furnished under the contract documents. It will be necessary for you to execute and famish to the City of rLubbock all such documents within ten (10) days from your receipt of this Notice. 1 The five percent (S%) bid security, submitted with your proposal, will be returned upon the execution of such contract documents and bonds within the above specified ten (10) day period. In the event you should fail to execute and furnish such contract documents and bonds within the, time limit specified, said bid security will be retained by the City of Lubbock. CITY OF LUBBOCK Owner's Representative