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Home My WebLink AboutResolution - 6115 - Contract - Greenscape Pump Services Inc.- Leroy Elmore Lake Fountain - 11_19_1998Resolution No. 6115 Item No. 27 November 19, 1998 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 with Greenscape Pump Services, Inc. of Carrollton, Texas to install and furnish all materials and services as bid for the Leroy Elmore Lake Fountain and all related documents. Said Contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 19th day of November , 19 98 APPROVED AS TO CONTENT: Victor Kilm , Purchasing Manager APPROVED AS TO FORM: Linda L. Chamales Supervising Attorney/Office Practice LLC:dk/ Greenscape.RES codocs/November 9, 1998 CITY OF LUBBOCK SPECIFICATIONS FOR LEROY ELMORE LAKE FOUNTAIN BID #98244 e A' � CITY OF LUBBOCK Lubbock, Texas CITY OF LUBBOCK INVITATION TO BID FOR TITLE: LEROY ELMORE LAKE FOUNTAIN ADDRESS: LUBBOCK, TEXAS BID NUMBER: 98244 PROJECT NUMBER: 5221.8261 CONTRACT PREPARED BY: PURCHASING DEPARTMENT 7 10 INDEX NOTICE TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT GENERAL CONDITIONS OF THE AGREEMENT CURRENT WAGE DETERMINATIONS SPECIFICATIONS No Text J~ i PON 3 NOTICE TO BIDDERS r• BID #98244 Sealed bids addressed to Victor Kilman, Purchasing Manager, City of Lubbock, Texas, will be received in the office of the Purchasing Manager, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401, until 4:00 o'clock p.m. on the 5th day of November,1998, 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: "LEROY ELMORE LAKE FOUNTAIN" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing Manager and publicly read aloud. It is the sole responsibility of the bidder to insure that his bid is actually in the office of the 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 19th day of November,1998, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without ( recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 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. There will. be a pre -bid conference on 28th Amb day of October, at 11:00 o'clock a.m., in the Purchasing Conference Room - L04, Lubbock, Texas r Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award. The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the City of Lubbock Human Relations Office at (806) 775- 2281 at least 48 hours in advance of the meeting. CITY OF LUBBOCK V�� 1-h-\ VICTOR KI MAN PURCHASING MANAGER Bid documents may be obtained upon request from the Purchasing Department at 1625 13th Street, Room L-04, Lubbock, Texas 79401; Telephone (806) 775-2167/Fax (806) 775-2164. 0 dik f 9 i GENERAL INSTRUCTIONS TO BIDDERS , r�r i { : i GENERAL INSTRUCTIONS TO BIDDERS 1. 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 LEROY ELMORE LAKE FOUNTAIN. 2. CONTRACT DOCUMENTS 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 r the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without s charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice ` to Bidders. 4. BIDDER INQUIRIES No bidder shall request any information verbally. All written requests for additional information or clarification concerning this bid must be addressed to: RON SHUFFIELD SENIOR BUYER CITY OF LUBBOCK P.O. BOX 2000 LUBBOCK, TX 79457 FAX (806) 775-2164 5. TIME AND ORDER FOR COMPLETION The construction covered by the contract documents shall be fully completed within 45 (FORTY-FIVE) 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. 6. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 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. 8. 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. 9. 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). Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants the year 2000 calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. The obligations contained herein apply to products and services provided by the Contractor, its sub -contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 10. 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, subcontractors or others, as required for proper prosecution of the work contemplated by the Contractor. 2 11. PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 12. 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. 13. PROTECTION OF SUBSURFACE LINES AND STRUCTURES a 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 furnishContractor 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. 14. BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 15. EXPLOSIVES The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from r-- the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. Explosive materials shall not be stored or kept at the construction site by the Contractor. In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 16. 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. 17. - INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverage's shall be submitted prior to contract execution. The insurance certificates furnished shall name the City as an additional insured, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. It shall be the contractors responsibility to provide to the owner all proof of coverage insurance documents including workers compensation coverage for each subcontractor. 18. 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 any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: (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. 4 a+r 19. 20 21 22. 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. PROVISIONS CONCERNING ESCALATION CLAUSES Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. PREPARATION FOR BID The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: (a) Bidder's name (b) Bid for (description of the project). Bid submittals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bond (if required). (e) Contract Agreement. (0 General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. (j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. _ If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. - 23. QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock in regard to the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: 1. The ability, capacity, skill, and financial resources to perform the work or provide the service required. 2. The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. 3. The character, integrity, reputation, judgment, experience, and efficiency of the bidder. 4. The quality of performance of previous contracts or services. 6 No Text BID SUBMITTAL LUMP SUM BID CONTRACT r PLACE: Afv,-7L4 PV+y �„� ,� ,. /lo S' i3 �5�£�v J 4v� scx=.t, TE3rtq�S t DATE: !/ - s-9 k ° PROJECT NUMBER: #98244 - LEROY ELMORE LAKE FOUNTAIN Bid of ap—x.5c:at-' f�vmp,pa✓%C�s _•t.C'�. (hereinafter called Bidder) l To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your invitation forbids for the construction of a f��'r/I✓E� 1�-7� !r[/•¢T�2 /�0��2��.�ic% .�}-� ,4-rrs��J�C/"T.S `j'� ` � �'8 �, having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time i set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required i - under the contract documents: MATERIALS: Ti,��7`}' TDi-e icl,� .Se'vGA+�7 J`«/ems a /�'� c �l �00 ($_3?1 SERVICES: 6ic�z Ti*�✓.inJ['� Ei��/7�/fu,�d��D.-�.' s�y�%>F� n,($_T�7�. �g ) TOTAL BID: I_pgzj i T•cAn e ($ <Z, (Amount shall be shown in both words and numerals. 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 45 (FORTY-FIVE) 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 $300.00 (THREE HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 21 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. r r i i_ The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days r' after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on t which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the ,., bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within (ten) 10 days after notice of award of the contract to him. Enclosed with this bid Is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of rsueT �+..��J F �,Dollars ($ 7-9 ,,5ao ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned falls to execute the necessary contract documents, C' insurance certificates, 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 bid; otherwise, said check or bond shall be returned to the undersigned upon demand. Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents made available to him for his inspection in accordance with the /Notice to Bidders. AuthoriFigr�t�� (Printed or Typed Name) i t. (Sea] if Bid is a ` ATTcEST. / Secretary Bidder acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date Addenda No. Date Addenda No. Date Compa y Address City, County i''c.'775 75"a o State ip Code Telephone: Z. - $466 —Go3"7 Fax: rj7a - 6313 C 7 L. LIST OF SUBCONTRACTORS a Minority Owned 7 Yes No 2. ❑ ❑ 3. ❑ ❑ r 4. ❑ ❑ 5. ❑ ❑ t 7. a ❑ ❑ 8. ❑ ❑ r 9. L ❑ ❑ 10. ❑ ❑ F f t r� i, 3 CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) days after being notified of such award by the City of Lubbock, fumish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. A t ,(mac a r:-Y'iir-yry �^ Contractor (Signa re) Contractor (Print) 4 CONTRACTOR'S NAME: 2`L--77 �• (Print or Type ) �,. CONTRACTOR'S ADDRESS: Name of Agent/Broker: 4'�n Address of Agent/Broker: SOD le� �Co 4 G' -+7- City/State/Zip: 7:2✓/'V6, F Agent/Broker Telephone Number: (�') �.5,�—013,5',45' rDater NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid/proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Lubbock at (806) 775-2165. BID #98244 - LEROY ELMORE LAKE FOUNTAIN reenscape Pump Services. Inc. r .1425 Whitlock #108, Carrollton, Texas 75006 972446-0037 fax 972444 i-0313 ATTACHMENT -A r EXCLUSIONS: Greenscape Pump Services, Inc., herein contractor, excludes the following materials, labor, equipment, implements, parts, and supplies necessary for. C- 1) Main power supply of 230 volt 3 phase 60 hz. minimum 100 amp service. 2) Large lockable, Dead front enclosure with back panel for mounting water fountain control panel. r 3) Mounting rack and mounting lockable dead front equipment enclosure. 4) Trenching and backfill from waters edge to dead front enclosure. pow 5) Conduit from dead front enclosure to waters edge with pull string.. r„ 6) Connection of main power to control panel after fountain control panel has been installed. The above mentioned equipment, labor, materials, and parts necessary are the responsibility of the Owner, herein known as, City of Lubbock. AUTHORIZED SALES & SERVICE FOR: Pumping Stations - Otterbine Fountains •Fixed Fountains - Float-N-Products*" Greenscape Pump Services, Inc. r1425 Whitlock #108, Carrollton, Texas 75006 972446-0037 fax 972446-0313 ATTACHMENT - B 7 OPTIONAL EQUIPMENT: r" Optional equipment listed is not included as part of the actual equipment bid. It is offered to the City of Lubbock as additional equipment and must be added to the bid total submitted. r" r F r 1) Two Stage Wind Sensing Circuit - to include - one cupped type anemometer with integral generator and mounting hardware - solid state circuit board and Hand -Off -Auto select switch - adjustable wind velocity control - first stage - lowers fountain to preset first stage height - second stage - shuts fountain off - time delay before restart Additional Cost: $2.308.77 plus any applicable taxes. AUTHORIZED SALES & SERVICE FOR: Pumping Stations • Otterbine Fountains • Fixed Fountains • Float-N-Products"" r-� r Greensca Inc. 108, Budget # Fax (972) 446-0313 g NOTE Prices provided are budget figures only. Specific job site information will be 98726 required to produce a firm proposal. A proposal will be prepared upon customer's request. �st # Date October 9, 1998 To Mr. Craig Wuensche Job Name Leroy Elmore Park City of Lubbock, Park & Reccreation Dept. Attention Craig Wuensche r., 916 Texas Ave. Address Quaker at Hwy. 289 Lubbock, TX 79457 Lubbock, TX ph. * (806) 775-2665 Fax # (806) 775-2686 Phone # Job# 1725 5212 Description of Sale Salesman One-20 hp Vertex Tri-Tier Floating Fountain, - 230V, 30 with 4- light 1000 Watt ea. Barry Caylor 0ty. Description Part # UnitPrice Total Price 1 Vertex Floating Fountain w/ TriTierTM Nozzle - to include - one heavy duty polypropylene U.V. resistant float assembly P" - one 20 HP 230 volt 3 0 submersible pump and motor - one Vertex TnTieffm nozzle assembly w/ the following nozzle performances: • 1,g Tier. 50.0' • 20d Tier. 35.0' • 3B1 Tier. 15.0 I - Power control center - to include: • Nema rated enclosure • Circuit breakers for the fountain pump and lighting system • Motor starter with overload relays • legend plates for component Identification • one 24 hour time clock for fountain & light operation • GFI protection for the fountain pump and the lights - 450 of # 10/4 fountain power cable 1 Fountain Lighting Package - to include: four 1000 Watt, 120 volt Light Fixtures - 2,000 Watts i - one 45U length of # 8/3 fountain lighting cable 24 hour time clock light control i"• 1 Two Stage Wind Sensor -to include - one each cupped type anenometer W/ integral generator & mtg. hardware - solid state circuit board & hand -off -auto select switch - shuts fountain down during adverse wind conditions - lowers the fountain as wind velocity increases - adjustable wind velocity knob � 1 i F F Unit Installation by GPSI - to include: • GPSI personnel to deliver & assemble equip, at jobsite. • GPSI personnel to install fountain overwater ,anchor in the lake and bring power. light & sensor cables to shores edge. • GPSI personnel to pull cable through customer furnished • GPSI personnel to pull cable through customer furnished underground conduit from shores edge to power panels. • GPSI personnel to Install power pnls. on customer furnished panel rerouting racks & terminate field wiring. • Customers electrician to connect from power source to pnls. • GPSI personnel to start-up & checkout fountain , lights, and sensor. 28,042.93 $28,042.93 9,034.99 $9,034.99 2,308.77 $2,308.77 5,878.08 $5,878.08 Terms Sub Total $45,264.77 33% down; balance upon receipt of invoice. t 1.5% monthly finance charges due on all balances over 30 days. Estimated Freight Total Price $45,264.77 Tax Rate $0.00 Grand Total $45,264.77 CONTINUED ON PAGE 2: IMPORTANT TERMS AND CONDITIONS: READ CAREFULLY r C Page 2 of 2 i6garoy Elmore Park Budget # 96726 DatelO/9/98 5 IMPORTANT TERMS AND . CONDITIONS: READ CAREFULLY 7Prices are for budget purposes only. Pricing shall be confirmed upon site evaluation with order. 2. Price includes tax at a rate of 7.875 %. Purchaser to provide tax certificate if claiming tax exempt status. 3. Price includes line items as defined in proposal body. Any additional materials or labor required is not included. 74. Freight is included: FOB job site. 5. Please allow 6 to 8 weeks for delivery and installation from date of executed contract. 6. Purchaser to provide: r - appropriate 230 volt 3 0 60 hz. minimum 100 amp service for fountain. appropriate 120 volt 10 60 hz. minimum 40 amp service for lights. - local electrician to provide 3' conduit,trenching, & backfill from power panel to shores edge, (2) places. - local electrician to providel/ 2' conduit from wind sensor to power control panel. - local electrician to provide and connect power. - all necessary permits as required by local code. - appropriate pole or stand for mounting wind sensor. "s PRODUCT WARRANTY: Products sold by Greenscape Pump Services, Inc. are warranted by the manufacturer. For products manufactured by Greenscape Pump Services, Inc.: Greenscape Pump Services, Inc. hereby warrants subject to the conditions herein below set forth, that should the product prove defective by reason of Improper workmanship at any tlrne during one (1) year from date of installation, Greenscape Pump Services. Inc. will repair or replace the product as may be necessary to restore it to satisfactory operating condition, without any charge for materials of labor necessarily Incident to such repair or replacement, except as expressly excluded herein below, provided that 1) The products must not have been ahered, repaired, or serviced by anyone other than Greenscape Pump Serves, loci. ; and 2 The products crust not have been subjected to lightning strikes and other Acts of God, vandalism, freezingl4n, accident, misuse or abuse, and must have 7 been operated and maintained in accordance with the Manufacturer's Owner's Manuals sin with products; and 3)) The cost of the removal, Installation, and transportation of any detective part shall be pair the purchaser. No implied warranties of any kind are made by Greenscape Pump Services, Inc. in connection with the product and no other warranties, whether expressed or implied, including implied warartties of merchantability and fitness for a particular purpose, shall apply to this product Should workmanship prove defective, the Purchaser's sole remedy shall be repair or replacement as herein above expressly provided and, under no 7 circumstances, shall Greenscape Pump Services, Inc. be liable for any loss, damage, or injury, direct, or consequential, arising out of the use of or Inability to use any product, including but not Imtted to the Purchaser's cost, loss of profits, goodwill, damages due to loss of product or interruption of services, or personal injuries to Purchaser or any person. INSTALLATION WARRANTY: Greenscape Pump Services, Inc. hereby warrants subject to the conditions herein below set forth, that should the installation of any product trove defective by reason of improper workmanship at anytime during one (1) year from date of Installation, Greenscape Pump Services, Inc. will repair or replace lace the product which was installed as may be necessary to restore It to satisfactory operating condition, without any charge for materials of labor necessarily incident to such repair or replacement, except as expressly excluded herein below, provided that 1) The Installed produce n itst riot have been altered, repaired, or serviced by anyone other than Greenscape Pump Services, Inc. ; and 2) The installed products must not have been subjected to lightning strikes and other Acts of God, vandalism, freezing -in, accident, misuse or abuse, and roar have been operated and maintained In accordance with the Manufacturers Owner's Manuals shipped with products; and R 3) The cost of the removal, installation, and transportation of any defective part shall be paid by the purchaser. No implied warranties of any Idnd are made by Greenscape Pump Services, Inc. In connection with the installation, and no other warranties, whether expressed or implied, including irroled warranties of merchantability and fitness for a particular purpose, shall any to this Installation. Should workmanship of Installation prove defective, the Purchasers sole remedy shall be repair or replacement as herein above expressly provided and under no circumstances, shall Gmerscape Pump Services, Inc. be liable for any loss, damage, or Injury, direct, or consequential, arising out of the use of or inability to use any installed product, including but not limited to the Purchaser's cost, loss of profits, goodwill, damages due to loss of product or Interruption l of services, or personal injuries to Purchaser or any person. TERMS: 33% down; balance upon receipt of invoice. 1.5% monthly finance charges due on all balances over 30 days. 7 7/04AMWest PUBLIC WORKS BID BOND Know all men by these presents: t That we, GREENSCAPE PUMP SERVICES, INC. BOND NO: 0000938610 PREMIUM: BBSU BID DATE: November 5, 1998 '^;hereinafter called Principal), as Principal, and AMWEST SURETY INSURANCE COMPANY, a corporation k (hereinafter called Surety), organized and existing under the laws of the State of Nebraska and authorized to transact a general surety business in the State of Texas , as Surety, are held and firmly bound unto �^ City of Lubbock, P. 0. Box 2000. Lubbock. TX 79457 h (hereinafter called Obligee) in the penal sum of FIVE percent ( 5% ) of the bid amount, but in no event to r..exceed Two Thousand Five Hundred and no/100----------- Dollars ( $� 500.00--- ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, _successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, whereas the Principal has submitted or Is about to submit a proposal to the Obligee on a contract for LeRoy Elmore Lake Fountain r-NOW, THEREFORE, if the contract is awarded to the Principal and the Principal has within such time as may be I ,specified, entered into the contract In writing, and provided a bond with surety acceptable to the Obligee for the faithful performance of the contract; or if the Principal shall fail to do so, pay to the Obligee the difference not to -exceed the penalty hereof between the amount specified in the bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by the bid, then this obligation shall be void; otherwise to remain in full force and effect. .- SIGNED, SEALED AND DATED THIS DAY OF Novpmhpr 9, 1998 r/3 t ? DEC.14, 1995 „41ftI/71a1//11N��1 GR,UYSCAPE PUMP SERVICES, INC. Prindpai Name By: 4 Signature :1= to AMWEST SURETY INSURANCE COMPANY o -�. By: ;: Beverly TrimM a "ttwTeYan�Fad BF-A3032 (41981 -7. LIMITED POWER OF ATTORNEY Amwest Surety Insurance Company Far West Insurance 0000938610 fJocum ent is printed on white paper containing the artificial watermarked logo ( A ) of Amwest Surety Insurance Company on the front and brown security paper i a back. Only unaltered originals of the Limited Power of Attorney (" POA") are valid. This POA may not be used in conjunction with any other POA. No .representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of Nebraska and is only valid until the :expiration date. Amwest Surety Insurance Company and Far West Insurance Company (collectively the "Company") shall not be liable on any lir ited POA which is :tiar'blently produced, forged or otherwise distributed without the permission of the Company. Any party concerned about the validity of this POA or an accompanying Cd any bond should call your local Amwest branch office at (972) 503-6925 KNOW ALL BY THESE PRESENT, that Atmvest Surety Insurance Company, a Nebraska corporation and rol" lively the "Company"), do hereby make, constitute and appoint: ian . Campbell Steven W. Lewis -il A. Barra— Daniel D. Waldorf Connie Wofford Nancy Ruano rqhie McClain erly Trimble e Rauch AS Employees of Amwest Surety Insurance Co Far West Insurance Company, a Nebraska corporation is true and lawful Attorney -in -fact, with limited power and authority for and on behalf of the Company as surety to execute, deliver and affix the seal of the company thereto t a!"al is required on bonds, undertakings, recognizances, reinsurance agreement for a Miller Act or other performance bond or other written obligations in the nature thereof Pc i ows: 1-_l Bonds up to $25,000,000.00 r C and to bind the company thereby. This appointment is made under and by authority of the By -Laws of the Company, which are now in full force and effect undersigned secretary of Amwest Surety Insurance Company, a Nebraska corporation and Far West Insurance Company, a Nebraska corporation, DO HEREBY i IFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors of both Amwest i;u�cky Insurance Company and Far West Insurance Company set forth on this Power of Attorney, and that the relevant provisions of the By -Laws of each company, are now :;n full force and effect S�qNo. 0000938610 Signed 8c sealed this 5th day of November i9 98 l Karen G. Cohen, Secretary • • • • • • • • • • • • • • • • • RESOLUTIONS OF THE BOARD OF DIRECTORS '• f • f • • f f f f • f f f f • • • • • • • • • • • • anPOA is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Amwest Surety Insurance Company ting duly held on December 15, 1975 and Far West Insurance Company at a meeting duly held on July 28, 1983: RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, may appoint attomeys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the i Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -in -fact or agent and revoke any POA _m iously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and bind upon the Company. (i) when signed by the President or any Vice President and attested and sealed (if a seal be required) by any Secretary or Assistant Secretary; or (ii) when signed by the President or any Vice President or Secretary or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney -in -fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall hd'the same force and effect as though manually affixed. . A IN ,iTFNESS WHEREOF, Amwest Surety Insurance Company and Far West Insurance Company have caused these present to be signed by its proper officers, and its corporate seals to be hereunto affixed this 25'" day aLqcptcettbcr, 199 John E. Savage, Preside t Karen G. Cohen, Secretary State of California County of Los Angeles r" On September 25, 1998 before me, Peggy B. Lofton Notary Public, personally appeared John E. Savage and Karen G. Cohen, personally known to me (or proved to the a x basis of satisfactory evidence) to be the person(s) whose names) Ware subscribed to the within instrument and acknowledged to me all that hc/shehhey executed the SL-e in his/her/their authorized capacity(ies), and that by histher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument n WITNESS my d and official seal. PEGGY B. lOFiOH pp ao'."Aq&A .C0nVnb onf108 Otoyb—Cdtwk O (Seal)pSignatureQoteqB, L.RoAr)6rLmArx««CaLrdy }tc1 ;f 00: F`1lt 1 '-DM1a, °�� ll; ' °,Eels ' °!� My Comm. Explrw/kp6.1999 1995 p r 5230 Las Virgenes Road Calabasas, CA 91302 TEL 818 871-2000 POUW AIN 001AIL PbAN VIN/ MAIL.- SLGlION VIOW f 77 - o � S � W ID 'O r OUAKER AVENUE e O O ANCHOR THE fLOATIN& fOUNfAIN ASSEMOLY WITH THREE GONGRETE OEAO MAN ANGHORS EVENLY OPAGEO AT 1200 ANO TWIGS THE OISTANGO Of MAXIMUM WATER DEPTH HORIZONTALLY ANO OOUIPP60 WITH STAINLESS STEEL WIRE ROPE •I.00PEO fOR GONNEGTION WITH 5/16' GRAI W NYLON ROPE - EOUIPPEO WITH STAINL 66 STEEL SPRING LOA0E0 CONWGTOK6&. WATER OEPTHr 10-0' LOW ANO 16-0' AT OVERFLOW. INSTALL THE INOIVIOUAL CONTROL PANELS ON A STEEL RACK ANO SECURE THEM TO A STEEL PANEL SUPPORT RACK. EAGH CONTROL GOX *OWNER SUPPLIEO• SHOULD NE INSTALLED AGOVE THE 100 YEAR fL000 LEVEL WHEN I,EKOY ELMOKiE PAKK IOD "D we e� �ff wflDVc Women Is Business Enterprise Certification Affidavit This is to certify that Greenscape Pump Services, Inc. Meets Ilse eligibilitycriteria for certification as a Women's Business Enterprise by North Texas Women's Business Council a certifying affiliate of Women's Business Enterprise National Council Expiration Date 8131199 Ce►tifscation Number WFO8560899 SIC Code(s)1629 4971162317113499 NTWBC Executive Director i•i•i:• �r `ti•i�iiti. 'S•i•'••r•!n `ri'ii�M�: � '�iYY'9>r •PO iiiih� : •'•• •'. •SS ii •�.. •� : t S�%'•i • ` 'Pi�h�i is � :�•'iY ' `:�iPi•� Q: i i :/�i� ,`i�;`. ��f•�4.y...C.��t;• ;��••�i.n,.,��•�,��, _.• ��•i�•��..; .�N�t�::�7 S�i.ss� S }}i Mi�:w _��y • ifi ' �i. y. y: :'S..;�rRs e • �t� ��:`w: ;.•.�iS•y1:::.t��; :. ,•`��i'. C••._•�. ......••i: ;:' :::: N,.•h! �SCS!. ••i:4:' ::: •t••.�i1J1 �i!�!. •.�i:ii! =i��N.!��`.` :1!.t.•i44��. i�==�. _�. A!R__. dZii!�h�. :•�t. �iS�f .��1��•�.�•�. :id•••iii..:::.••!dJ7 .i!it•�iL No Text r r 1 BOND NO. 015007268 STATUTORY PAYMt=N1` t OM.PURSUANT TO SECTION 2253.421(s) OF TH TEXAS GOVERNMENT. CODE (OQ TS.MORE THAN $26.00) r f r KNOW ALL MEN BY THESE PRESENTS, that ,92fnsc M Pump Services, . Inc. (Mminaftsr caged the Prinaipal(s). at Amwdst SurejL Insurance!Company - (hereinafter called the Surety(®), as Surety(s), are hold and firmly bound ucnm the City of Lubbock (hereinafter called the Obligee). In the smount Of EMU Twn ,_ i Ni UndMd Fifty -Six Doilare (542, 956 .DO- fawfW money of the United States for the payment arhereof; the said P rincipal and Surety bind themselves; and ttiair heirs, administrators. ,.., executors, successors and assigns, jointly and se ourally. fumty by these presants. 1 WHERE, the Principal has entered Intme Certain wrMen contract wlth the Obfigee, dated the T9th day of No)ZPmher . 18-2a.0 to r� Bid # 98244 - Leroy Elmore Lake Fountain Project # 5221.8261 Lubbock, Texas r' and said P € rincipal tinder the la9W is required befo � corryrrteneinp the work proved for in sold Contract to execute a bond the amount of said contract which contract is here y referred to wW made a part hereof as fully and to the same extent a tf Copied at Wgth herein. .� NOW, THEREFORE, THE CONDITION C F THIS OBUGKnON iS SUCH, that If the said Pdr4dpal shall pay an cfalmants supplying labor and material to him or a subcontractor In the prosecution of the work provided for in said contract. then, fhis obilgation shall be void; otherw se to rernafn In full force and effect; PRO11I0ED, FiOWE11ER, tt►st 09s bond is!marted pursuant to the pprov(,sions of Section 2263.021(a) of Me Texas Govemment Code, and all liabilities on this nd shah be deiBrmined In accorderm.- with the provisions of sold Article to tt►a same extant as if it were copied at gth herein. IN WITNESS WHEREOF. tits said P (s) and Sursfy (s) have elgned and sealed this instrumertit this ?3� rfl - day of jyn vpmhPr 19-2D , 1 • Amwest Surety Insurance Company l Greensca a Pump Services, Inc. Surety Princip silk Beverly Trimble, Attorney -in -Fact Ctitle'i^�g,<< f y(TR)e) ' By. 6 i 1 f r r r r~ r I I The undersigned surely company represer is that It Is duly qualfled to do business to Texans, and hereby designates Nnwarrl rnwan on agent realdent In Lubbock C=w4 to whom a rq regralka notices may be dcaivero, and on whom service of process may be had In me ters srkair g out of such s L retphip. Amwest Surety Insurance Co. Surety - i Y n {erwe Beverly rimble Approved es to brrn: Attoi^ihey-in-Fact City of Lubbock I By: City Attomey • Note. If eloned by on officer or the Surety Comp them mast bean file a certified extm,ct From the by -taws showing that this person has authority to ftn such obriatio _ If signed by ®n Aitomey In Feet, we must have copy of power of sattonvy for our files. i .i i i 2 LIMITED POWER OF ATTORNEY Amwest Surety Insurance Company Far West Insurance Company 0000938626 This document is printed on white paper containing the artificial watermarked logo ( A ) of Amwest Surety Insurance Company on the front and brown security paper on the back. Only unaltered originals of the Limited Power of Attorney ("POA") are valid. This POA may not be used in conjunction with any other PDA. No representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of Nebraska and is only valid until the expiration date. Amwest Surety Insurance Company and Far West Insurance Company (collectively the "Company') shall not be liable on any limited POA which is fraudulently produced, forged or otherwise distributed without the permission of the Company. Any party concerned about the 'validity of this POA or an accompanying Company bond should call your local Amwest branch office at (972) 503-6925 KNOW ALL BY THESE PRESENT, that Amwest Surety Insurance Company, a Nebraska corporation and Far West insurance Company, a Nebraska corporation (collectively the "Company"), do hereby make, constitute and appoint: Vivian. Campbell Steven W. Lewis Gail A. Barraza Daniel D. Waldorf Connie Wofford Nancy Ruano Lannie McClain Beverly Trimble Steve Rauch As Employees of Amwest Surety Insurance Co its true and lawful Attorney -in -fact, with limited power and authority for and on behalf of the Company as surety to execute, deliver and affix the seal of the company thereto if a seal is required on bonds, undertakings, recognizances, reinsurance agreement for a Miller Act or other performance bond or other written obligations in the nature thereof as follows: All Bonds up to $25,000,000.00 T and to bind the company thereby. This appointment is made under and by authority of the By -Laws of the Company, which are now in full force and effect. I, the undersigned secretary of Amwest Surety Insurance Company, a Nebraska corporation and Far West Insurance Company, a Nebraska corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors of both Amwcst I. Surety insurance Company and Far West Insurance Company set forth on this Power of Attorney, and that the relevant provisions of the By -Laws of each company, are now in full force and effect. 7 Bond No. 015007268 Signed & sealed this 23r9ayof November 19 98 * * * * * * * * * * * * RESOLUTIONS OF THE BOARD OF DIRECTORS Karen G. Cohen, Secretary This POA is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Amwest Surety Insurance Corrrparry at a meeting duly held on December 15, 1975 and Far West insurance Company at a meeting duly held on July 28, 1983: RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may..,, ve any such attorney -in -fact or agent and revoke any POA ,.,,,previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall he valid and bind upon the Company. (i) when signed by the President or any Vice President and attested and sealed (if a seal be required) by any Secretary or Assistant Secretary; or (ii) when signed by the President or any Vice President or Secretary or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney -in -fact or agent; or r (iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. ,IN WITNESS WHEREOF, Amwest Surety Insurance Company and Far West Insurance Company have caused these present to be signed by its proper officers, and its corporate seals to be hereunto affixed this 25o day eptember, 199 . —_. --_ -- _- _-- —Job n-E—javage;-Prmd t— i s i State ofCalifomia County of Los Angeles r"" On September 25, 1998 before me, Peggy B. Lofton Notary Public, personally appeared John E. Savage and Karen G. Cohen, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me all that he/she/they executed the same in lds/herhheir authorized capacity(ies), and that by hislirerhheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument-. - r, - WITNESS my d and official seal. PEC4V& ►:,1 _ HsuRq,yc 10, NotaryP.MeQuopP�`yO�GSignature "� (serf)lrosMpNMCaniyDEa14,1�,;tu�2DEo.ia,oOVCotnm.Evhw /IuQ6,1999 logs #� 1995 r I No Text STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Dollars ($ ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the _ day of , 19_, to and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall 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. 7 PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this _ day of , 19 Surety By. (Title) Principal By: (Title) By: (Title) By: (Title) i I The undersigned surety company 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. Surety *By: (Title) Approved as to Form City of Lubbock By: City Attorney Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. 2 No Text I I '0��I�i-:-..;--i i ... - �*.�i,��'*,�.i.�'i�".�*.!;�i,.";".��'.��.,.!::::�:, 1. 6 11 '. DATE (MMID XN� iiA GO AS pat' NA M w, 0 0!iK 11/20/1998 PRODUCER (972)255-2355 FAX (972)258-7816 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION IS rhe Bell Agency, Inc. ONLY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 7ALTERTHECOVERAGE LE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. 0. Box 140159 AFFORDED BY THE POLICIES BELOW. Irving, Texas 75014-0159 COMPANIES AFFORDING COVERAGE ..... * ................ COMPANY f kw Attn: Sharon Wheatley Ext: 114 A ........................................................................................... ........................................................ INSURED Greenscape Pump Services, Inc. .................................................................................................................................................... COMPANY B 1425 Whitlock Lane, #108 * * I IN . ... . ....... .... lfftb... COmPY gmttb wpaa vk A Carrollton, TX 75006 C CERTIF. COMPANY D • ... ..... ?, IIr. I . 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 CLAM. .......... I ............................... I .................... ................................. I ....................... ...... ................................. ................................................................................................... ................... co TYPE OF INSURANCE POLICY NUMBER LTR POLICY EFFECTIVE POLICY EXPIRATION: LIMITS DATE (MMIDDIM DATE (MMIDONY) i GENERAL LIABILITY GENERAL AGGREGATE :$ 2,000,000 COMMERCIAL GENERAL LIABILITY ............................................ ....................................... PRooucTs - compiop AGG s 2,000,000 ...... CLAIMS MADE X OCCUR A CP9301582 .............................................. ..... .................... .......... i PERSONAL ADV INJURY 1,000,000 :08/05/1998 :08/05/1999� ............................ .................. ....................................... OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1 000,000 X INCLDS CONTRACTURA .......... * ............................. ................. .................. :FIRE DAMAGE (Anyone fire) ;$ 100,000 X: ................................................................. ............... MED EXP (Any one Person) $ 10,000 LIABILITY ,.AUTOMOBILE X ANY AUTO COMBINED SINGLE LIMIT $ ............... ...................... ... ........... . i��qqqi.000 ..... . ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS A BA9301582 Per Person) :08/05/1998 :08/05/1999: ............................................ .. ....................................... X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per aoddent) ............................................. .......................... ............. ........................................................... PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO ................. OTHER THAN AUTO ONLY. ..................... — .... . . ..... .................................................... EACH ACCIDENT: $ ....................................... AGGREGATE:: $ EXCESS LIABILITY Y EACH OCCURRENCE $ 1,000,000 A X UMBRELLA FORM NS9301582 ... ............................... ::08/05/1998 :08/05/1999 AGGREGATE $ 1,000,666 OTHER THAN UMBRELLA FORM .......................... ................ ........................ SIR $ 109000 WORKERS COMPENSATION AND EMPLOYERS LIABILITY A :WC9301582 ACrA EA 08/05/1998 08/05/1999 ..... DENT s.......1, .....000,000........................... THE PROPRIETOR/ 04M EL DISEASE . POLICY LIMIT $ 1 PARTNERS/EXEC ...... UTIVE 4- .... P.900,000 ............................................. ............ .................. OFFICERS ARE EXCL: EL DISEASE - EA EMPLOYEE:: $ 1,000,000 OTHER DESCRIPTION OF OPERA'nONSILOCATIONSMEHICLEWSPECLAL ITEMS Fm BID # 98244 LEROY ELMORE LAKE FOUNTAIN. ADD'L INSURED INCLD FOR CITY OF LUBBOCK ON GENERAL LIAB. kND AUTO LIABILITY WITH WAIVER OF SUBROGATION INCLD FOR CITY OF LUBBOCK ON GENERAL LIAB AND AUTO LIAB. kND WORKERS' COMPENSATION. . .......... ...... . . . . . . . . . . . . . . . ........ 61M.- .................... . ............ ................ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THr- CERTIFICATE HOLDER NAMED TO THE LEFT, CITY OF LUBBOCK BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY P. 0. BOX 2000 OF MY KIN UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. LUBBOCK, TX 79457 AUTHORIZED EPRESENT&TIVE n w 00 0,01"I"I'M . . . . . . . . . . . . . '-*W 000 r- i I" a p CONTRACTOR CHECKLIST A CONTRACTOR SHALL: d(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 r showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; i (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: 2 REQUIRED WORKERS' COMPENSATION COVERAGE 'The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and l (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; r, I (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services._ r 3 No Text F r STATE OF TEXAS COUNTY OF LUBBOCK CONTRACT THIS AGREEMENT, made and entered into this 19th day of November,1998 by and between the City of i Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and Greenscape Pump Services, Inc. of the City of Carrollton. County of .- Dallas and the State of Texas hereinafter termed CONTRACTOR. R WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the F- CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #98244 - LEROY ELMORE LAKE FOUNTAIN - $42,956.00 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 furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with �^ the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make `j payment on account thereof as provided therein. r IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. A ST: h ua;,.j Secre M I APPROVED AS TO CONTENT: Ov�mer's epresentative APPROV D AS TO FORM: City Attorney - in CONTRACTOR: GREENSCAPE PUMP SERVICES, IINC. By: l PRINTED NAME: TITLE: elcU COMPLETE ADDRESS: Greenscape Pump Services, Inc. 1425 Whitlock, Suite 108 Carrollton, Texas 75006 No Text r ! GENERAL CONDITIONS OF THE AGREEMENT C1. OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. r" 2. CONTRACTOR 4 Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit GREENSCAPE PUMP SERVICES, INC. who has agreed to perform the work embraced In this contract, or their legal representative. 3. OWNER'S REPRESENTATIVE Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to, City of Lubbock, or its representative CRAIG WUENSCHE, PARK DEVELOPMENT COORDINATOR, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the 4 Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to r. herein as the "contract" or "contract documents". 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. 7 r- s 8. CONTRACTOR'S RESPONSIBILITIES Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well known, technical or trade meaning shall be held to refer such recognized standards. All work shall be done and all materials furnished in strict conformity with the contract documents. 9. SUBSTANTIALLY COMPLETED The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 10. LAYOUT Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications. 11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and Contractor shall keep one copy of same consistently accessible on the job site. 12. RIGHT OF ENTRY The Owner's Representative may make periodic visits to the site to observe the progress or quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will Owner's Representative be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems said lines and grades are necessary for the commencement of the work contemplated by these contract .� documents or the completion of the work contemplated by these contract documents. Whenever necessary, Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore. ,The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. 2 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 has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be bome by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and r location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or Owner's Representative either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's Representative and Contractor. Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. 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 Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation 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 such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. 4 a M Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such r inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used In said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK f. 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, 1 alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for I,.. the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by 5 them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C)(1). If Contractor does not notify Owner's Representative prior to the commencement any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative prior to bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. r-+ 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, its sureties and Insurance carriers shall defend, indemnify and hold harmless the Owner and all of its officers, agents and employees against any all losses, costs, damages, expenses, liabilities, claims and/or causes of action, whether known or unknown, fixed, actual, accrued or contingent, liquidated or unliquidated, including, but not limited to, attorneys' fees and expenses, in connection with, incident to, related to, or arising out of, the Contractor's or any subcontractor's, agent's or employee's, in any manner whatsoever, omission, execution and/or supervision of this contract, and the project which is the subject matter of this contract. The safety precautions taken shall be the sole responsibility of the Contractor, in its sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of its duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of its subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) calendar days in advance of cancellation or change. All policies of insurance, required herein, including policies of insurance required to be provided by Contractor and its subcontractors, shall contain a waiver of any and all of the insurer's or payor's, in the event of self-insurance, rights to subrogation that any such insurer or payor, in the event of self-insurance, may acquire by virtue of payment of any loss under such insurance or self-insurance. All certificates of insurance submitted to the City in conformity with the provisions hereof shall establish such waiver. The Contractor shall procure and carry at its sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. The insurance certificates furnished shall name the City as an additional insured, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular E, project shall be subcontracted. It shall be the contractors responsibility to provide to the owner all proof of coverage Insurance documents including workers compensation coverage for each subcontractor. A. General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $500,000.00 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations CExplosion & Collapse Hazard Underground Damage Hazard r� Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury Advertising Injury B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. For bodily injuries, including accidental death and or property damage, $500,000.00 Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $300,000.00 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/Installation Floater Insurance The Contractor shall obtain a Builder's Risk policy in the amount of 0.0% of the total contract price (100% of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance The Contractor shall have Umbrella Liability Insurance in the amount of JIL.0 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. F. Worker's Compensation and Employers Liability Insurance Worker's Compensation Insurance covering all employees whether employed by the Contractor or any Subcontractor on the job with Employers Liability of at least $500,000.00. 1. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC- 83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor' in Section 406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to _ 8 provide services on the project. "Services" include, without limitation, providing, hauling, or Peft delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a 'person may verify coverage and report lack.of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the durationof 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: f 9 E: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. 10 i (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: (a) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (b) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (c) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project; (d) obtain from each person providing services on a project, and provide to the governmental entity: (i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION COVERAGE 'The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation Insurance. This Includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the Identity of their employer or status as an employee.' 'Call the Texas Workers' Compensation Commission at 5121440-3789 to receive Information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage;' and (h) contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (III) include in all contracts to provide services on the project the following language: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate Insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (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; 12 r- (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (I)-(viii), with the certificate of coverage to be provided to the person for whom they are providing services. a 29. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of r� 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS. MATERIALMEN. AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its officers, agents and employees, harmless against any and all claims, liabilities, losses, damages, expenses and causes of action arising out of, in any way, manner or form, the demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, and supplies, incurred in the performance of this contract and the project which is the subject matter of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, in addition to any statutory retainage rights it may have, withhold from the unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness. 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The Contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or owner thereof. Without limiting, in any way; manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner, and all of its officers, agents and employees harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything herein to the contrary, if the material or process specified or required by Owner and/or this contract is an infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement to the Owner's Representative prior to bidding. F 13 C 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save harmless the Owner, and all of its officers, agents, and employees against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's Representative in writing prior to bidding and any necessary changes shall be adjusted as provided in the contract for changes in the work. In the absence of timely written notification to Owner's Representative of such variance or variances within said time, any objection and/or assertion that the plans and specifications are at variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, Contractor shall, bear all costs arising therefrom. The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein. 33. SUBCONTRACTING The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner, as provided by the contract documents. 34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for completion as specified in the contract documents, of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced as provided in the contract documents. If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $300.00 (THREE 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 working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 14 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. TIME OF PERFORMANCE The Contractor agrees that it has submitted its bid in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions of paragraph 34 hereinabove set forth and expressly agrees that it shall not be entitled to, nor will it request, an extension of time on this contract, except when its work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the Owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood. Any request for extension shall be in writing with the written request for same setting forth all justifications, in detail, for the request, and submitted to Owner's Representative within twenty (20) calendar days of the occurrence of the event causing said delay. A failure by Owner's Representative to affirmatively grant the extension no later than twenty (20) calendar days of written submission by Contractor shall be deemed a denial, and final. Further, in the absence of timely written notification of such delay and request for extension, as provided herein, any request for extension by Contractor shall be deemed waived. 37. HINDRANCE AND DELAYS �• In executing the contract, the Contractor agrees that in undertaking to complete the work within the time herein fixed, Contractor has taken into consideration and made allowances for all hindrances and delays incident to such ` work, whether growing out of delays due to unusual and unanticipated circumstances, difficulties or delays in securing material or workmen, or any other cause or occurrence. No charge shall be made by the Contractor for POW hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the sole judgment of the Owner's Representative that is caused by such ,... stoppage shall be paid by Owner to Contractor. 38. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the r.. specifications, plans and other contract documents are intended to show clearly all work to be done and material i to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ �. somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. i t 15 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at anytime requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner, Owner's agents and employees, which have not theretofore been timely filed as provided in this contract. 42. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial payment or, if the Contractor does not submit such application, the Owner's Representative shall determine the amount to be partially paid. Owner's Representative shall review said application for partial payment if submitted, and the progress of the work made by the Contractor and if found to be in order, shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month. The determination of the partial payment by the Owner's Representative shall be in accordance with Paragraph 14 hereof. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 5% of the amount thereof, which 5% shall be retained until final payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of the contract documents. Any partial payment made hereunder shall not constitute a waiver by the Owner of any and all other rights to enforce the express terms of the contract documents, and all remedies provided therein, as to any and all work performed, to be performed and/or materials delivered hereunder, including, but limited to, work to which said partial payment is attributable. 16 r-" 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion,'Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's r- Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK 1 Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative r- on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 46. PAYMENT WITHHELD The Owner or Owner's Representative may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certification to such extent as may be necessary to protect itself from loss on account of: (a) Defective work not remedied and/or work not performed. (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) Damage to another contractor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, in the amount withheld, payment shall be made for amounts withheld because of them. I 17 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law, contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or its Surety shall pay the amount of such excess to the Owner; or (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. 18 r In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, ,•� shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, ,., and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of d such notice, such property,shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the �., date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies which remain on the jobsite and belong to persons other than r" the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted r,. by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. i 49. LIMITATION ON CONTRACTOR'S REMEDY The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the project which is the subject matter of this contract. 50. BONDS The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. 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. It is further agreed that this contract shall not be in effect until such bonds are so furnished. PA r 19 51. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time; hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (1) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion. If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five (5) days of the receipt of said request, said request shall be deemed to be denied. In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage, disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or asbestos. 20 No Text r., Resolucion No. 5121 March 14, 1996 Item #19 G R SOL.tiTION i. 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 i 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 1 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984, and further updated by Resolution No. 2502 enacted January 8, 1987; 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 i . a part hereof for all intents and purposes: Exhibit A: Building Construction Trades Exhibit B: Paving and Highway Construction Exhibit C. Overtime Rate Exhibit D: 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 14th ATTEST: Y Betty M. Ainson, City Secretary APPROVED AS TO CONTENT: Mary AndrWws, Managing Director of Human Resources APPROVED AS TO FORM: a old Willard. Assistant City Attorney H W :da/ccdocsipubworks. res February 14, 1996 2 i City of Lubbock Building Construction Trades Prevailing Rates Acoustical Ceiling Installer Air Conditioner Installer Air Conditioner Installer -Helper Asbestos Worker Asbestos Supervisor Bricklayer Bricklayer -Helper Carpenter Carpenter -Helper Cement Finisher Drywall Hanger Electrician Electrician -Helper Equipment Operator -Heavy Equipment Operator -Light Floor Installer Glazier Insulator-Piping/Boiler Insulator -Helper Iron Worker Laborer -General Mortar Mixer Painter Plumber Plumber -Helper Roofer Roofer -Helper Sheet Metal Worker Sheet Metal Worker -Helper Welder -Certified Hourly Rate 10.00 11.00 5.50 8.00 11.00 11.00 6.00 11.00 6.00 7.50 10.00 13.00 6.00 8.50 7.50 8.50 8.00 9.00 5.50 8.00 5.50 5.50 9.50 10.50 6.00 8.00 5.50 8.75 5.50 10.00 r I EIT B Paving and Highway Construction Prevailing Wage Rates Asphalt Heaterman Asphalt Shoveler Concrete Finisher Concrete Finisher -Helper Electrician Nagger Form Setter Form Setter -Helper Laborer -General Laborer -Utility Mechanic Mechanic -Helper Power Equipment Operators Asphalt Paving Machine Bulldozer Concrete Paving Machine Front End Loader Heavy Equipment Operator Light Equipment Operator Motor Grader Operator Roller Scraper Tractor Truck Driver -Light Truck Driver -Heavy E 6.00 5.50 7.35 5.75 10.50 5.50 6.50 5.50 5.50 6.25 7.25 5.50 7.00 7.00 7.00 6.50 7.00 6.50 8.50 6.00 6.50 6.50 6.00 6.50 r P XHEBIT C f Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) is 1 1/2 times base rate. f EXIT D Prevailing Wage Rates Weekend and Holiday Rate The rate for weekend and holiday is 1 1/2 times base rate. I rF k C No Text i I Leroy Elmore Park Floating Lake Fountain Equipment Parks Capital Project —1998 Parks & Recreation Department City of Lubbock, Texas SECTION 01 SUMMARY OF WORK GENERAL 1.1 SCOPE OF PROJECT A. The contract work to be preformed under these specifications consists of furnishing all of the required labor, materials, equipment, implements, parts, and supplies necessary for, or appurtenant to, the installation of one Floating Lake Fountain and Equipment at Leroy Elmore Park for the City of Lubbock in accordance with the drawings appearing hereinafter or annexed hereto and as further elaborated in these specifications and in accordance with all manufacturer's recommendations. 1.2 WORK INCLUDES: A. Section 02 - Product Substitution B. Section 03 - Floating Fountain Equipment C. Section 04 — Special Conditions 1.3 STANDARDS A. The work hereunder shall be done in thorough, workmanlike manner, meet all state health department codes and standards, and installed by a factory -authorized representative. Any reference to a specification or designation of the American Society for Testing and Materials, Federal Specifications, or other standards, codes, or order refer to the most recent or latest specification or designation. 1.4 LAYOUT OF WORK A. The work shall be laid out in accordance with the plan to minimize conflicts with the existing structures, mechanical and electrical equipment, and furnishings by Contractor, which will be approved by the Owner at the construction site. Install equipment and hardware to conserve facility space, not interfere with use of space, and/or other work. 1.5 QUALITY ASSURANCE r.. A. Contractor shall take all precautions necessary to protect all existing trees, shrubbery, sidewalks, buildings, vehicles, utilities, etc., in the area where the work is being done. The Contractor shall rebuild, restore, and make good at his expense, all injury and damage to same which may result from work being carried out under this contract. C" B. The Contractor shall take all necessary precautions to assure the safety of park visitors during the construction and cleanup operations. The Contractor shall maintain and keep in good repair the work intended under these Plans and Specifications and shall perform all necessary repair, construction, and renewal to the date of acceptance by Owner. C. Take special care to protect existing improvements, existing trees, and vegetation scheduled to remain. Do not begin work until existing improvements and landscape have been adequately protected. Maintain barricades and other forms of protection throughout the duration of the contract. 7, 1.6. SUBMITTALS A. Submittals shall include the following: 1. Material list for all materials and equipment furnished. 2. Product data for all materials and equipment furnished. B. Contract Closeout Submittals: 1. Prior to acceptance of the work, deliver to the owner three (3) copies of the Operations and Maintenance manual, together with additional information or manuals which would assist in the maintenance of the water feature equipment. C. PERSONNEL TRAINING 1. Make provisions for technical instruction of Owner's maintenance personnel, by the supplier's personnel. 1.7 QUALITY ASSURANCE A. Supplier / installer must have a minimum of five (5) years prior experience providing similar type and quality of work specified. B. When the specifications and/or drawings call for or describe materials, workmanship, or construction of a better quality, higher standard or larger size than is required the above - mentioned rules and regulations, the provisions of these specifications and drawings shall take precedence over the requirements of said rules and regulations. C. Furnish, without extra charge, any additional material or labor required for compliance with these rules and regulations, although not mentioned in these specifications or indicated on the drawings. 1.8 Permits and Taxes 1. The Contractor shall obtain and pay for all construction permits, fees, licenses, etc., as may be required by law. The Contractor's contract sum shall include such federal, state, and local taxes as may be applicable to the performance of the contract. 1.9 REFERENCES 1. Comply with applicable provisions of the latest edition of the following codes and standard specifications: NEC National Electrical Code NFPA National Fire Protection Association UBC Uniform Building Code UPC Uniform Plumbing Code ASTM American Society for Testing and Materials ANSI American National Standards Institute ASME American Society of Sanitary Engineering AWWA American Water Works Association CS Commercial Standards NEMA National Electrical Manufacturers Association NSF National Sanitation Foundation UL Underwriters Laboratories, Inc ETL Electrical Testing Laboratory CSA Canadian Standards Association EIA Electronic Industries Association A. Product Delivery, Storage, and Handling 1. All manufacturers' labels, installation instructions, and shop drawings shall be included for each item to be installed. 2 l B. Guarantee 1. The Contractor and any subcontractors hereunder guarantee their respective work r against defective materials or workmanship, maintenance, and adjustments for period of one (1) year from date of filing notice of completion by the Contractor and acceptance by the Owner. This shall take precedence over other mentions of r. guarantee elsewhere in the specification book. End of Section - 01 3 Ono 71 11 SECTION 02 PRODUCT SUBSTITUTION 1. GENERAL 1.1 SCOPE OF PROJECT A. The contract work to be preformed under these specifications consists of furnishing all of the required labor, materials, equipment, implements, parts, and supplies necessary for, or appurtenant to, the installation of one Floating Lake Fountain and Equipment at Leroy Elmore Park for the City of Lubbock in accordance with the drawings appearing hereinafter or annexed hereto and as further elaborated in these specifications and in accordance with all manufacturer's recommendations. ' 1.2 WORK INCLUDES: f., A. Section 01 - Summary Of Work B. Section 03 - Floating Fountain Equipment C. Section 04 — Special Conditions 2. SUBSTITUTION 2.1 Conditions for substitutions ("OR EQUAL") A. In the event that the clause "OR EQUAL" is used in the specifications pertaining to materials, the Bidder desiring to make substitutions for specified equipment shall submit the following: r" 1. Product identification, including manufacturer's name, address, and product literature. 2. Product description. r3. Product performance and test date. 4. Reference standards. 5. Manufacturer's instructions for maintenance and repairs. B. Request for substitution should be included with the overall bid and will be considered before contract is awarded. C. After contract is awarded, no substitutions will be considered. It will be the Bidder/ Contractor's responsibility to ensure the availability of the specified product or its substitution before bid date. D. Bidder shall provide the same guarantee for substitution as for product or method 1 ` specified. �... E. Bidder shall coordinate installation of accepted substitution into work, making such changes as may be required for work to be complete in all aspects. F. Bidder shall waive all claims for additional costs related to substitution, which 7 consequently becomes apparent. G. Bidder shall be prepared to send owner a price breakdown of any and/or all items he has bid on. Price breakdowns will only be requested after the bid opening has taken place. ,,, 4 2.2. Substitutions will not be considered if A. They are indicated or implied on shop drawings or project data submittals without being formally described in detail as to their differences from what was originally specified. C. Acceptance will require substantial revision of the original intent of the project. End of Section - 02 5 SECTION 03 FLOATING FOUNTAIN EQUIPMENT GENERAL 1.1 SCOPE OF PROJECT A. The contract work to be preformed under these specifications consists of furnishing all of the required labor, materials, equipment, implements, parts, and supplies necessary for, or appurtenant to, the installation of one Floating Lake Fountain and Equipment at Leroy Elmore Park for the City of Lubbock in accordance with the drawings appearing hereinafter or annexed hereto and as further elaborated in these specifications and in accordance with all manufactures recommendations. 1.2 WORK INCLUDES: A. Section 01 - Summary Of Work B. Section 02 — Product Substitution C. Section 04 — Special Conditions 1.3 Section Includes: A. Floating fountain with 4000 watt Lighting Package 1.4. WORK INCLUDED A. 20 HP Vertex Floating Fountain "OR EQUAL." with a Tri-Tier Nozzle Configuration B. 1000 watt, 4 light, 120 volt Lighting Package j C. Over water installation of the floating fountain and light assembly PART2-PRODUCTS 2.1 EQUIPMENT LIST A. 20 HP Floating Fountain Assembly • The four section 69" O.D. roto-cast polypropylene float assembly shall be manufactured with ultraviolet inhibitors for extended protection against warping and cracking. Each seamless, watertight section shall be equipped with a threaded brass insert and expanding type fill plug for addition of water ballast and leveling control. All hardware, bolts and framework shall be of stainless steel. • The stainless steel framework shall be manufactured with welded Joints and stainless steel fastenings. • The 20 HP American -made, U.L. approved submersible turbine pump shall be equipped with porcelain -lined cast iron bronze bowls to reduce friction loss and to r-. improve performance. The pump impeller shall be of precision -machined cast bronze. Pump shafting shall be 416 stainless steel and shall be supported by bronze bearings above and below each impeller. The pump shall come equipped with bronze sand collars for maximum protection against abrasives. • The pump shall come equipped with a flow shroud, specifically designed to direct the total pump flow past the motor to insure proper motor cooling. • A type 304, 18 gauge, perforated stainless steel intake screen shall be installed on the intake of the pump shroud and shall be designed to prevent foreign material from entering the pump and the fountain nozzle. .- The 20 HP, 230 volt, three phase, 60 Hertz submersible pump motor shall be hermetically sealed, water lubricated and shall conform to NEMA standards. The internal thrust bearing shall be capable of carrying the maximum pump thrust and the motor shall include replaceable motor leads with a positive, waterproof connector. f 6 i P The pump motor shall include a large flexible rubber compound, which shall be statically sealed to the lower motor bracket and will automatically equalize the pressure inside and outside the motor due to fluid expansion during the motor operation. It also retains the clean internal fluid inside the motor to provide excellent bearing and motor life. A large stainless steel coupling shall be provided to accurately connect and align the pump and motor. The coupling shall be machined and fitted to close dimensions. B. A Tri-Tier nozzle shall be provided with the floating fountain assembly. The outer shell and main jet shall be constructed of heavy brass stock and shall have 3° female NPT threads. The nozzle finish shall be natural brass and bronze. The nozzle performance shall include the following: Center Tier: approximately 50 ft. in height and 4 to 6 ft. in diameter. Intermediate Tier: approximately 35 ft. in height and 10 ft. in diameter. Bottom Tier: approximately 15 ft. in height and 30 ft. in diameter. C. 4,000 Watt, 120 volt, Lighting Package • The 4,000 watt, 120 volt light set shall include four (4) cast bronze light housings with four (4) 1000 watt, Par 56 lamps. The light housings shall include neoprene gaskets, tempered lenses, stainless steel lens protectors and stainless steel attachment brackets. Each light fixture shall be equipped with enough #16-3ST submersible light cable, with a ground wire positively grounded inside the fixture, so the light can be removed from the water for service. Each light fixture shall be tested to hold 10 psi of air pressure with the fixture submerged in water. D. 20 HP Floating Fountain Control Panel • The floating fountain controls shall be installed in a Nema 3R enclosure, and shall be attached to the backside of the box (Owner Supplied) vandal resistant electric control box. The control panel shall be equipped with a dead front so that the control panel will not have any exposed lights and/or switches, with the exception of the lockable panel disconnect switch. The fountain control panel shall include an IEC rated contactor, with overload block, properly sized for the 20 HP (230 volt, 30, 60 HZ.) motor. A circuit breaker shall control the manual on / off operation for the pump motor operation. A second circuit breaker shall control the manual on / off operation for the 4,000 watt light set. Two (2) 24-hour time clocks shall control the pump and light operation for the automatic operation and/or one (1) photo cell for lighting controls. Control panel safeties shall include lightning protection, GFI (Ground Fault Interrupt) protection for the pump and for the fountain lights, and phase and overload protection. E. Underwater Power and Light Cable • The underwater power and light cable for the floating fountain and the sub -surface mixer shall be specifically designed for underwater use. The power and light cable shall be U.L. approved type S.O.W.A. or STW-A. The conductors shall be flexible, bunch stranded bare copper, triple insulated to resist moisture, cracking and softening. The entire cable shall be covered with hypalon. Each cable shall be sized according to the manufacturer wire sizing charts. F. PVC Electrical Conduit • Polyvinyl chloride pipe (hereinafter referred to as PVC pipe) shall have been manufactured in accordance with the Product Standards as follows: 1) Product Standard PS-22-70 shall apply and be the governing authority as applicable for the electrical conduit piping and shall be sized according to the electrical routing plans and wire size requirements. 7 i' 2) PVC Pipe Marking and Identification - All pvc conduit shall be continuously and permanently marked with the following information: manufacturer's name, pipe size, type of pipe and material, SDR number, Commercial Standard Number, and NSF (National Sanitation Foundation) Seal. • Solvent weld PVC electrical fittings shall be PVC Schedule 40, as manufactured by Spears Manufacturing, Inca or by the Lasco Company or approved equal. All pvc electrical fittings shall be of the same material as the PVC pipe specified and shall be compatible with the PVC pipe furnished and shall conform to ASTM-D-2466. .- G. Underwater Junction Boxes Underwater, brass junction boxes shall be provided for the purpose of connecting the underwater light cable to the copper conductors installed in the conduits. Each junction box shall include neoprene gaskets, internal grounding lugs and silicone bronze hardware. Watertight cord entrance seals are to be used to seal the light cable as it penetrates the junction box. After the lighting cables have been properly spliced, and the cord entrances have been sealed with plumbers putty, a re -enterable potting compound, meeting National Electric Code requirements for potting underwater junction boxes, shall be poured into each junction box. 3M Scotchcast 2114 is the approved re -enterable potting compound. PART 3 - EXECUTION ` 3.1 GENERAL INSTALLATION r A. Install and connect all equipment In accordance with manufacturer's instructions and recommendations unless otherwise noted. If specified installation is contrary to manufacturer's instructions, cease Installation of affected components or systems. Notify the General Contractor and do not resume installation without clear instructions w from the Owner. ` B. Protect electrical control panels, conduits, and fountain and mixer equipment from damage from inclement weather. 3.2 FLOATING FOUNTAIN A. General 1. Installation shall be in strict accordance with OSHA's recommendations. 2. Anchor the floating fountain assembly with three (3) concrete dead man anchors evenly spaced at 1200 and twice the distance of maximum water depth horizontally and equipped with stainless steel wire rope (looped for connection with 5/16" braided nylon rope - equipped with stainless steel spring loaded connectors). 3. Each power and light cable shall be secured to the floating fountain framework with a cable strain relief device, so that the power connections will not be subjected to stress. B. Installation Procedure 1. Install the floating fountain unit according to the dimensions shown on drawings. 2. Install the electrical conduits straight and true without loops or traps. 3. Install the individual control panels on a steel rack and secure them to a steel panel support rack. Each control box should be installed above the 100 year flood level when possible. Refer to plans for proper location. C. Backfill Procedure 1. Backfill the electrical conduits with rock free excavated materials. Compact backfill in 6" layers providing a minimum of 95% compaction. p., 2. Excess excavation materials can be relocated to a designated area on job site. r 3.3 CONDUIT INSTALLATION A. Install wiring in sealed conduit. 1. Use a combination of steel and flexible conduit for the above ground conduit runs for the control panel installations - as per the NEC requirements. 2. Use PVC conduit if it is to be direct buried or completely encased in concrete. (SOW A underwater power and light cable can be installed on the lake bottom without conduit) B. Provide bushings to protect conductors from abrasion where conduit enters a box or other fitting. C. Where junctions, bends, or offsets are required on exposed runs of conduit, fittings with accessible covers shall be provided. D. Do not use thread less couplings or slip connectors for conduits installed in wet locations or underground. Threads shall be PNP (tapered pipe threads) run up tight with Teflon tape or sealant. Running threads shall not be permitted. E. Seal conduit after conductor installation to prevent entry of moisture. F. Concealed and exposed conduits shall be supported. 3.7 CONDUCTOR INSTALLATION A. Install conductors in conduit after conduit has been installed and moisture and debris have been removed from conduit, junction boxes, and other conduit fittings. B. Install conductors connected to equipment having a tendency to cause noise or vibration in flexible conduit not to exceed 4.0' in length and make all connections with watertight fittings. C. Install only stranded type copper conductors with waterproof, insulation between underwater junction boxes and the water feature control panel. Solid copper conductors shall not be permitted. D. Connect conductors to terminals using approved connectors. Wires in panel cabinets, pull boxes and wiring gutters shall be neatly grouped and fanned out to the terminals. E. Protect conductors from damage caused from further mechanical work to be completed after conductors have been installed. Replace damaged conductors. 3.8 CONDUCTOR COLOR CODE A. Color code conductors (600 volts and under) and identify by one color with continuity being maintained throughout the project. B. Color Code as follows: Phase "A" Black Phase "B" Red Phase "C" Blue "Neutral" White "Ground" Green 3.9 CLEAN UP A. Keep site clean daily. Upon completion of work, remove unused equipment and implements of service, and leave the entire area involved in a neat, clean and acceptable condition. 9 4 3.10 TESTS AND ADJUSTMENTS A. General: Test all equipment to show that it complies with specified requirements. r B. Electrical Tests: Electrical circuits, feeders, and equipment shall be tested for faulty i grounds, open circuits, or shorts as per local code requirements. Ground Fault Equipment shall be fully operational. C. An authorized service technician from the water feature equipment supplier / installer shall provide the water feature start-up and calibration for the water feature equipment. Any adjustments or corrections to the equipment shall be made until the equipment is accepted by owner as in proper operating condition. D. As soon as the water feature structure has been completed and the mechanical and electrical equipment has been installed and tested, the equipment will be placed in operation. E. A completed start-up procedure sheet shall be signed by an owner's representative, a general contractor's representative, and the water feature supplier / installer representative upon completion of the start-up and training procedure. F. Warranty: Should any of the products prove defective by reason of improper workmanship at any time during one (1) year from date of installation, the water feature / fountain supplier will repair or replace the product as may be necessary to restore it to satisfactory operating condition, without any charge for materials or labor necessarily incident to such repair or replacement, except as expressly excluded herein below, provided that: 1) The products must not have been altered, repaired, or serviced by anyone other than the water feature / fountain supplier; and 2) The products must not have been subjected to lightning strikes and other Acts of God, vandalism, freezing -in, accident, misuse or abuse, and must have been operated and maintained in accordance with the Manufacturer's Owner's Manuals shipped with products; and 3) No implied warranties of any kind are made by the water feature / fountain supplier in connection with the product, and no other warranties, whether expressed or implied, including implied warranties of merchantability and fitness for a particular purpose, shall apply to this product. Should workmanship prove defective, the Purchaser's sole remedy shall be repair or replacement as herein above expressly provided and, under no circumstances, shall the water feature / fountain supplier be liable for any loss, damage, or injury, direct, or consequential, arising out of the use of or inability to use any product, including but not limited to the Purchaser's cost, loss of profits, goodwill, damages due to loss of product or interruption of services, or personal injuries to Purchaser or any person. End of Section - 03 ,., 10 r r C SECTION 04 SPECIAL CONDITIONS 1. GENERAL y 1.1 SCOPE OF PROJECT A. The contract work to be performed under these specifications consists of furnishing all of �^ the required labor, materials, equipment, implements, parts, and supplies necessary for, I or appurtenant to, the installation of one Floating Lake Fountain and Equipment at Leroy Elmore Park for the City of Lubbock in accordance with the drawings appearing hereinafter or annexed hereto and as further elaborated in these specifications and in accordance with all manufacturer's recommendations. 1.2 WORK INCLUDES: r A. Section 01 — Summary of Work B. Section 02 - Product Substitution C. Section 03 - Floating Fountain Equipment 1.3 WORK SCHEDULE A. Work shall be accomplished by Januaryl8, 1999. End of Section - 04 i i. 11 GONGRM OWMAN � W S OUAK6R AVENUE ANGHOR THE FLOATING FOUNTAIN A666MOLY WITH THREE GONGK6T6 06AO MAN ANGHOK6 EVENLY 6PAG60 AT 120* ANO TWIG6 TH6 016TANG6 0f MAXIMUM WAT6K 06PTH HORIZONTALLY ANO 6OUIPP60 WITH 6TAINL666 6T66L WIRE KOP6 •LOOP60 FOR GONN6GTION WITH 5/16' 0KA1060 NYLON KOP6 - 6OUIPP60 WITH 6TAINL666 6T661, 6PKING LOA060 GONN6GTOK6•. WATER 06PTHt 10-0' LOW ANO 16-0' AT OV6RflLOW. t IVIOUAL GONTROL PANOL6 ON A 6T66L TH6M TO A 6T66L PANEL 6UPPOKT fROL OOX *OWNER 6UPPL160. 6HOULO 7V6 THB 100 Y6AK fL000 LEVEL WHEN a, a� S to -1 m m 1 �1 fK0Y EI�M0K1E PAKK, 100 200 �00 600 020