Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Resolution - 2001-R0120 - Contract To Furnish And Install Variable Frequency Drive - Brandon & Clark, Inc. - 04/12/2001
Resolution No. 2001-RO120 April 12, 2001 Item No. 52 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 to furnish and install variable frequency drive, per ITB #030-01/LR, by and between the City of Lubbock and Brandon & Clark, Inc. of Lubbock, Texas, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 12th day of April '2001. _ t r WINDY SI TMAYOR ATTEST: Rebecca Garza, City Secretary° APPROVED AS TO CONTENT: Victor Kilman, Vurchasing Manager APPROVED AS TO FORM: William de Haas Contract Manager/Attorney gs:/Contract-Brandon&Clark-.res March 30, 2001 BOND CHECK BEST RATING A LICENSED IN TEXAS DATE .- BY c 1 O C) CITY OF LUBBOCK SPECIFICATIONS FOR FURNISH & INSTALL VARIABLE FREQUENCY DRIVE BID #030-01/1-R " A City of Planned Progress" CITY OF LUBBOCK Lubbock, Texas City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 162513 TH STREET LUBBOCK, TEXAS 79401 PH: (806)775-2167 FAX: (806)775-2164 hftp://purchasing.ci.lubbock.tx.us ITB #030-01/LR, Addendum #4 ADDENDUM #4 ITB #030-01 /LR Furnish and Install Variable Frequency Drive MAILED TO VENDOR: March 1, 2001 OLD CLOSE DATE: March 6, 2001 @ 4:00 P.M. NEW CLOSE DATE: March 7, 2001 @ 2:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. The Close Date has changed: From: March 6, 2001 @ 4:00 P.M. To: March 7, 2001 @ 2:00 P.M. 2. Please note the following question received and the corresponding answers: Q1. I have a question involving the by-pass contactor (spec. 11.4) Does the City want the vfd totally isolated from power or is a two -contactor bypass sufficient? Al. The intent of this section, as outlined in the specs, is to allow the VFD to run the motor at full speed in the event that any of the VFD components fail. The VFD shall be capable of switching to bypass and allow the motor to run at full speed, straight across the line. Separation from line power is not needed. All requests for additional information or clarification must be submitted in writing and directed to: Laura Ritchie, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to: (806) 775-2164 Or Email to: Lritchie@maii.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK Laura Ritchie Senior Buyer 030-01/Lrad4.doc r" PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING * 162513 TH STREET LUBBOCK, TEXAS 79401 PH: (806)775-2167 FAX: (806)775-2164 http://purchasing.ci.lubbock.tx.us ITB #030-01/1-R, Addendum #3 ADDENDUM #3 ITB #030-01/LR Furnish and Install Variable Frequency Drive MAILED TO VENDOR: February 27, 2001 CLOSE DATE: March 6, 2001 @ 4:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Please note the following questions received and the corresponding answers: Q1. In reference to specification 3.0, the vfd specified is a specially built to meet the application. Therefore it is not possible to provide exact schematics and drawings until the vfd is actually in production. We can supply general schematics and drawings. They are fairly detailed, but will not be exact. will this be acceptable. I can provide a sample to help you make this decision. Al. This will be acceptable. The City will need some way to compare what each vendor is proposing. Q2. Will the power factor correction capacitors be retained, when the VFD's are put in service? The drawings, dated 1990, show power factor correction capacitors to be connected at the motors. Will these still be used, after the VFD's are operational? A2. If the manufacturer recommends capacitors to be installed for this application, then the contractor shall furnish and install the recommended capacitors. 03. May one of the two pumps be taken out of service, at a time, for this installation to take place? A3. Yes, the contractor is to notify farm personnel. All requests for additional information or clarification must be submitted in writing and directed to: Laura Ritchie, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to: (806) 775-2164 Or Email to: Lritchie@maii.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK �-e 4-r(TL'L1 Laura Ritchie Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. 030-01/1-rad3.doc r�+ City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 162513 TH STREET LUBBOCK, TEXAS 79401 PH: (806)775-2167 FAX: (806)775-2164 http://purchasing.ci.lubbock.tx.us ITB #030-01/1-R, Addendum #1 ADDENDUM #1 ITB #030-01/LR Furnish & Install Variable Frequency Drive MAILED TO VENDOR: February 15, 2001 CLOSE DATE: February 27, 2001 @ 2:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. Please note the following questions received and the corresponding answer. Q1. In the specifications 7.0 Application, specifically 7.7, it calls for a nema 3R enclosure. Specification 11.0 Variable Drive, specifically 11.1, it calls for a nema 12 minimum, Nema 3R acceptable. Which enclosure should I quote? I want to make sure I quote apples to apples. Al. Enclosure shall be NEMA 3R. 02. Specification 8.0 Existing Motor Data. Have these motors ever been rewound? If so by who? And what type of magnetic wire was used to rewind the motor? How long ago? A2. Neither of the motors have been rewound. Q3. I would like to talk the persons than will be maintaining the drive to determine the control scheme, because specification 7.6 is a little vague. I would like to make sure that what we provide will perform way the specifications require. Is this possible? A3. Discussion is available at the prebid meeting. Also, specific questions may be submitted in writing no later than five (5) business days prior to the bid closing date. Q4. Is it possible to look at the installation sight so as to determine where the vfd's will be located and also determine how much installation material will be required? A4. A site visit will be conducted following the conclusion of the prebid meeting. Please find the enclosed building schematics. All requests for additional information or clarification must be submitted in writing and directed to: Laura Ritchie, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to: (806) 775-2164 Or Email to: Lritchie@mail.ci.lubbock.tx.us 030-01/1-Radl.doc ITB #030-01/LR, Addendum #1 THANK YOU, CITY OF LUBBOCK tw" Laura Ritchie Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. PLANS WILL BE MAILED OUT SEPARATELY BY TUESDAY, 2/20/01. SHOULD YOU NEED THOSE BY FEDERAL EXPRESS, PLEASE PROVIDE OUR OFFICE WITH YOUR FED EX ACCOUNT NUMBER AT 806.775.2164 (FAX) OR CALL 806.775.2168 (PHONE). PLEASE REFERENCE THIS BID NUMBER. 030-01/LRadl .doc F" City of Lubbock PURCHASING DEPARTMENT ROOM L04, MUNICIPAL BUILDING 1625 13TH STREET LUBBOCK, TEXAS 79401 PH: (806)775-2167 FAX: (806)775-2164 http://purchasing.ci.lubbock.tx. us ITB #030-01/LR, Addendum #2 ADDENDUM #2 ITB #030-01/LR Furnish and Install Variable Frequency Drive MAILED TO VENDOR: February 21, 2001 OLD CLOSE DATE: February 27, 2001 @ 2:00 P.M. NEW CLOSE DATE: March 6, 2001 @ 4:00 P.M. The following items take precedence over specifications for the above named Invitation to Bid (ITB). Where any item called for in the ITB documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. The Close Date has changed: From: February 27, 2001 @ 2:00 P.M. To: March 6, 2001 @ 4:00 P.M. 2. In the event of loss of power, the VFD's shall not automatically restart. 3. Last sentence of paragraph 7.7 of the specifications, is changed as follows: "Therefore, a NEMA 12 enclosure shall house the VFD components." 4. Delete the last sentence from paragraph 11.1 of the specifications. 5. Paragraph 7.6 is replaced with the following: "Vendor shall furnish and install an electronic gauge pressure transducer to be installed on the discharge pipe. The transmitter shall have a 4-20mA output signal and shall tie in to each of the two VFD's as an input setpoint. The operator shall be able to select a desired PSI and the VFD shall automatically adjust the motor speed to achieve the desired PSI reading. The vendor shall be responsible for furnishing a 24VDC power supply for the transmitter and shall perform all necessary wiring between the transmitter and the VFD's. The signal shall be linear and shall be a range between 0-100 PSI. It shall be required that a digital readout of the discharge pipe pressure be displayed on the front of one of the two controllers. The display shall be clearly labeled as "line pressure In pounds per square inch (PSI). The VFD's must shut down in the event that the discharge pressure drops below 20 PSI, due to a catastrophic line rupture." 6. Paragraph 14.3 of the specifications, change the third sentence to read: "After completion of the entire job, the vendor shall perform startup procedures, as recommended by the VFD manufacturer. This startup must be witnessed by the City's representative and members of the farm's operational staff. The vendor shall instruct the staff as to proper operation of the equipment. AND At the time of startup, the vendor shall surrender the spare fuses and filters, as requested in Section 11.8 and 11.10 of the specifications." 7. Add the following to Paragraph 10.8 of the specifications: "The VFD controllers shall be installed on the East wall in close proximity to the north entrance." 030-01 /Lrad2.doc ITB #030-01/LR, Addendum #2 8. Site visits are available provided the procedure listed below is followed: A. Notify Laura Ritchie, Senior Buyer, and Brad Welch, Assistant Farm Manager, in writing of the intent and day and approximate time to visit. B. Visitors must check in at the Farm Office before proceeding to the pump station and shall be accompanied by City of Lubbock farm personnel. All requests for additional information or clarification must be submitted in writing and directed to: Laura Ritchie, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Questions may be faxed to: (806) 775-2164 Or Email to: Lritchie@mail.ci.lubbock.tx.us THANK YOU, CITY OF LUBBOCK �CGLG2.� G Laura Ritchie Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID. 030-01 /Lrad2.doc CITY OF LUBBOCK INVITATION TO BID FOR TITLE: FURNISH & INSTALL VARIABLE FREQUENCY DRIVE ADDRESS: LUBBOCK, TEXAS BID NUMBER: 030-01/1-R PROJECT NUMBER: 90130.8302.20000 CONTRACT PREPARED BY: PURCHASING DEPARTMENT INDEX 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS 3. BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS 4. PAYMENT BOND 5. PERPO MANGE BOND F, ry 6. CERTIFICATE OF INSURANCE 7. CONTRACT 8. GENERAL CONDITIONS OF THE AGREEMENT 9. CURRENT WAGE DETERMINATIONS 10. SPECIFICATIONS rte! rn, NOTICE TO BIDDERS NOTICE TO BIDDERS BID #030-01/LR 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 2:00 o'clock p.m. on the 27th day of February, 2001, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project with a budget amount of $50,000.00: "FURNISH & INSTALL VARIABLE FREQUENCY DRIVE" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing Manager and publicly read aloud. It is the sole responsibility of the bidder to ensure that his bid is actually in the office of the Purchasing Manager for the City of Lubbock, before the expiration of the date above first written. Bids are due at 2:00 o'clock p.m. on the 27th day of February, 2001, and the City of Lubbock City Council will consider the bids on the 22nd day of March. 2001, 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 su erior. 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 non -mandatory pre-bid conference on 20th day of February, 2001 at 10.00 o'clock a.m., in the Purchasing Conference Room L04, Lubbock, Texas. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as heretofore established by owner in said wage scale. The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, 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 allpersons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the City of Lubbock Human Relations Office at (806) 775- 2281 at least 48 hours in advance of the meeting. CITY OF LUBBOCK VICTOR KILM N PURCHASING MANAGER Bid documents may be examined at no charge in the Purchasing Department at 1625 13th Street, Room L-04, Lubbock, Texas 79401; and may be obtained by telephone (806) 775-2167/Fax (806) 775-2164. GENERAL INSTRUCTIONS TO BIDDERS W GENERAL INSTRUCTIONS TO BIDDERS 1 BID DELIVERY. TIME & DATE 1.1 The City of Lubbock is seeking written and sealed competitive bids to furnish FURNISH & INSTALL VARIABLE FREQUENCY DRIVE per the attached specifications and contract documents. Sealed bids will be received no later than 2:00 p.m. CST, the 27th day of February, 2001 at the office listed below. Any bid received after the date and hour specified will be rejected and returned unopened to the bidder. Each bid and supporting documentation must be in a sealed envelope or container plainly labeled in the lower left-hand corner: "ITB #030-01/1-R, FURNISH & INSTALL VARIABLE FREQUENCY DRIVE" and the bid opening date and time, Bidders must also include their company name and address on the outside of the envelope or container. Bids must be addressed to: Victor Kilman, Purchasing Manager City of Lubbock 1625 13th Street, Room L-04 Lubbock, Texas 79401 1.2 Bidders are responsible for making certain bids are delivered to the Purchasing Department. Mailing of a w bid does not ensure that the bid will be delivered on time or delivered at all. If bidder does not hand deliver bid, we suggest that he/she use some sort of delivery service that provides a receipt. 1.3 Bids will be accepted in person, by United States Mail, by United Parcel Service, or by private courier service. No bids will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or telefacsimile transmission. THE CITY WILL NOT ACCEPT FAX BIDS. 1.4 The City of Lubbock reserves the right to postpone the date and time for opening bids through an addendum 2 PRE-BID MEETING 2.1 For the purpose of familiarizing bidders with the requirements, answering questions, and issuing addenda as needed for the clarification of the Invitation to Bid (ITB) documents, a non -mandatory pre-bid meeting will be held at 10.00 a.m., February 20th 2001 in Purchasing Conference Room L04, Lubbock, Texas. All persons attending the meeting will be asked to identify themselves and the prospective bidder they represent. 2.2 It is the bidder's responsibility to attend the pre-bid meeting though the meeting is not mandatory. The City will not be responsible for providing information discussed at the pre-bid meeting to bidders who do not attend the pre-bid meeting. 3 ADDENDA & MODIFICATIONS 3.1 Any changes, additions, or clarifications to the ITB are made by written bid addenda. 3.2 Any bidder in doubt as to the true meaning of any part of the specifications or other documents may request an interpretation thereof from the Purchasing Department. At the request of the bidder, or in the event the Purchasing Department deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Department. Such addendum issued by the Purchasing Department will be sent to all bidders receiving the original Invitation to Bid (ITB) and will become part of the bid package having the same binding effect as provisions of the original bid. NO VERBAL EXPLANATIONS OR INTERPRETATIONS WILL BE BINDING. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Lubbock Purchasing Department no later than five (5) days before the bid closing date. 3.3 All addenda, amendments, and interpretations of this solicitation shall be in writing. The City of Lubbock shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the City in writing or in this ITB should be used in preparing bid responses. All contacts that a bidder may have had before or after receipt of this ITB with any individuals, employees, or representatives of the City and any information that may have been read in any news media or seen or heard in any communication facility regarding this bid should be disregarded in preparing responses. 3.4 The City does not assume responsibility for the receipt of any addendum sent to bidders. 1 4 EXAMINATION OF DOCUMENTS AND REQUIREMENTS 4.1 Each bidder shall carefully examine all ITB documents and thoroughly familiarize itself with all requirements before submitting a bid to ensure that their bid meets the intent of these specifications. 4.2 Before submitting a bid, each bidder shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of this Invitation to Bid. Failure to make such investigations and examinations shall not relieve the bidder from obligation to comply, in every detail, with all provisions and requirements of the Invitation to Bid. 5 BID PREPARATION COSTS 5.1 Issuance of this ITB does not commit the City of Lubbock, in any way, to pay any costs incurred in the preparation and submission of a bid. 5.2 The issuance of this ITB does not obligate the City of Lubbock to enter into contract for any services or equipment. 5.3 All costs related to the preparation and submission of a bid shall be paid by the bidder 6 TRADE SECRETS, CONFIDENTIAL INFORMATION AND THE TEXAS PUBLIC INFORMATION ACT 6.1 If you consider any portion of your bid to be privileged or confidential by statute or judicial decision, including trade secrets and commercial or financial information, clearly identify those portions. 6.2 The City of Lubbock will honor your notations of trade secrets and confidential information and decline to release such information initially, but please note that the final determination of whether a particular portion of your bid is in fact a trade secret or commercial or financial information that may be withheld from public inspection will be made by the Texas Attorney General or a court of competent jurisdiction. In the event a public information request is received for a portion of your bid that you have marked as being confidential information, you will be notified of such request and you will be required to justify your legal position in writing to the Texas Attorney General pursuant to Section 552.305 of the Government Code. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information is in fact not privileged and confidential under Section 552.110 of the Government Code and Section 252.049 of the Local Government Code, then such information will be made available to the requester. 6.3 Marking your entire bid CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Open Records Act. 7 LICENSES, PERMITS, TAXES The price or prices for the work shall include full compensation for all taxes, permits, etc. that the bidder is or may be required to pay. 8 CONFLICT OF INTEREST 8.1 The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Lubbock. 8.2 By signing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this bid. 9 CONTRACT DOCUMENTS 9.1 All work covered by the contract shall be done in accordance with contract documents described in the General Conditions. 9.2 All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. r s� 10 PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge or forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. 11 BIDDER INQUIRIES AND CLARIFICATION OF REQUIREMENTS 11.1 It is the intent and purpose of the City of Lubbock that this request permit competitive bids. It shall be the bidder's responsibility to advise the Purchasing_ Manager if any language requirements etc or any combinations thereof, inadvertently restricts or limits the requirements stated in this ITB to a single source. Such notification must be submitted in writing and must be received by the City of Lubbock Purchasing Office no later than five (5) business days before the bid closing date. A review of such notifications will be made. 11.2 NO BIDDER SHALL REQUEST ANY INFORMATION VERBALLY. ALL REQUESTS FOR ADDITIONAL INFORMATION OR CLARIFICATION CONCERNING THIS INVITATION TO BID (ITB) MUST BE SUBMITTED IN WRITING NO LATER THAN FIVE (5) BUSINESS DAYS PRIOR TO THE BID CLOSING BATE AND ADDRESSED TO: LAURA RITCHIE, SENIOR BUYER City of Lubbock 1625 13th Street Lubbock, Texas 79401 Fax: (806) 775-2164 Email: LRitchie@mail.ci.lubbock.tx.us 12 TIME AND ORDER FOR COMPLETION 12.1 The construction covered by the contract documents shall be fully completed within FIFTEEN (15) WORKING DAYS from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. 12.2 The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to ensure completion of the project within the time specified. 13 PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 14 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. 15 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. 3 16 GUARANTEES 16.1 All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock). 16.2 Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants fault -free performance and fault -free result in the processing date and date -related data (including, but not limited to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants calculations will be recognized and accommodated and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. 16.3 The obligations contained herein apply to products and services provided by the Contractor, its sub- contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. 16.4 The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 17 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. 18 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. 19 TEXAS STATE SALES TAX 19.1 This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. 19.2 The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 20 PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve 4 0 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. 21 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 M acceptance of the project. 22 EXPLOSIVES 22.1 The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage, which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. 22.2 Explosive materials shall not be stored or kept at the construction site by the Contractor. 22.3 In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 23 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. 24 INSURANCE 24.1 The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted before contract execution. 24.2 The insurance certificates furnished shall name the City as an additional insured, or in the ' alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. It shall be the contractor's responsibility to provide to the owner all proof of coverage insurance documents including workers compensation coverage for each subcontractor. rte^ 5 25 LABOR AND WORKING HOURS 25.1 Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate that must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: 26.1.1 The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. 26.1.2 Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. 25.2 Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. 25.3 In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 26 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. 27 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. 28 PREPARATION FOR BID 28.1 The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. 28.2 If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If 6 *;� 29 30 the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. 28.3 Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: 28.3.1 Bidder's name 28.3.2 Bid for (description of the project). 28.4 Bid submittals may be withdrawn and resubmitted at any time before the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Submittal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. (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. QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock about the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall 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: (a) The ability, capacity, skill, and financial resources to perform the work or provide the service required. (b) The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. (d) The quality of performance of previous contracts or services. 31 BID AWARD 31.1 The City of Lubbock reserves the right to reject any or all bids, reject any particular item on a bid,'and to waive immaterial formalities and to accept the offer most advantageous to the City of Lubbock in its sole discretion. Unless otherwise specified herein, the City shall award the bid based on the total bid. 31.2 All bids are evaluated for compliance with specifications before the bid price is considered. Response to specifications is primary in determining the best low bid. Failure to comply with the specifications may result in disqualification of the bid. 7 31.3 In case of tie bids, preference will be given to local bidders. Consistent and continued tie bidding may be cause for rejection of bids by the City of Lubbock and/or investigation by the Attorney General to determine possible Anti -Trust violations. 31.4 Before the City may award a bid to a nonresident bidder, the nonresident bidder's bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. 31.5 Any contract made, or purchase order issued, as a result of this Invitation to Bid, shall be entered into the State of Texas and under the laws of the State of Texas. In connection with the performance of work, the Bidder agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and Local laws, regulations, and executive orders to the extent that the same may be applicable. 31.6 NO INDIVIDUAL OF ANY USING DEPARTMENT HAS THE AUTHORITY TO LEGALLY AND/OR FINANCIALLY COMMIT THE CITY TO ANY CONTRACT, AGREEMENT OR PURCHASE ORDER FOR GOODS OR SERVICES, UNLESS SPECIFICALLY SANCTIONED BY THE REQUIREMENTS OF THIS INVITATION TO BID. 8 No Text la" DATE 3-7-01 BID SUBMITTAL LUMP SUM BID CONTRACT PROJECT NUMBER: #030-01/LR - FURNISH & INSTALL VARIABLE FREQUENCY DRIVE .-Bid of Brandon & Clark, Inc. (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) PM Gentlemen: The Bidder, in compliance with your Invitation to Bid for the construction of a FURNISH & INSTALL VARIABLE ,.,FREQUENCY DRIVE having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the price stated below. The price to cover all expenses incurred in performing the work required under the contract documents. ,-,MATERIALS: Benshaw VFD, GE Multilin 369, Misc. Materials ($ 33,676.00 ) SERVICES: Labor to install and start up drive ($ 12,175.00 ) '"- TOTAL BID: 45,851.00 (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 464F4FTZ6AI) working days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $100.00 (ONE HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth herein above for completion of this project, all as more fully set forth in the general conditions of the contract documents. **project can be completed in 25 working days. Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 28 of the General Instructions to Bidders. ^^ Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. idw MR Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within (ten) 10 days after notice of award of the contract to him. 7A" Enclosed with this bid is a Cashier's Check or Certified Check for 360. 60 Dollars ($_ ) or a Bid Bond in the sum of A J�&, oye , 0 0 Dollars ($ 41&o on ), which it is agreed shall be collected and ret fined by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned fails to execute the necessary contract documents, insurance certificates, and the required bond (if any) with the Owner within ten (10) 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. Pursuant to Texas Local Government Code 252.043(a), a competitive sealed bid that has been opened may not be Date: 3- 7 — 0 changed for the purpose of correcting an error in the bid price. Therefore, any corrections to the bid price must `v be made on the Bid Submittal form prior to bid opening. C�� .i ., r _2i (Seal if Bidder is a Corporation) ATTEST: Secretary f Bidder acknowledges receipt of the following addenda: Addenda No. Date Addenda No. Date a7 -al- Dl Addenda No. Date a a7 - D I Addenda No. Date 3- j D I F -s M/WBE Firm r Woman Asian Poll 2 A Authorized Signatur b (Printed or Typed Name) b rQMUn t- 46-1`k T A► Com any su a-3 = -2 7 Address Cit County6 State Zip Code Telephone: �� - y77/ -5V31 Fax: - -7 71- I 0:7 LIST OF SUBCONTRACTORS PM Minority Owned Yes No 2 ❑ ❑ 3. ❑ 4. ❑ ❑ 5. P" 6. ❑ ❑ n7 ❑ D $ ❑ ❑ 9 ❑ ❑ 10. ❑ ❑ �+ 3 MM MAR, 2.2001 10:40AM BRANDON CLARK LUBBOCK 8067472107 NO. 8725 P. 2 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 fifteen (15) days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. Contractor (Signature) Contractor (Print) CONTRACTOR'S FIRM NAME: BRANDON & CLARK. INC. (Print or Type) --„_,..-• — CONTRACTOR'S FIRM ADDRESS: 3623 I-27 P.O. Box 3159• LUBBOCK, TEXAS 79404 Name of A ent/Broker: g EMPLOYERS GENERAL INSURANCE GROUP Address of Agent/Broker: 4010 82ND ST. #240 City/State/Zip: LUBBOCK, TEXAS 79423 .� Agent/Broker Telephone Number: { 806 )--Z$4-0181 Date: NOTE TO CONTRACTOR If the time requirement specified above is not met, the City has the right to reject this bid/proposal and award the contract to another contractor. If you have any questions concerning these requirements, please contact the Purchasing Manager for the City of Lubbock at (806) 775-2165. BID #028.01/1-11 - REWIRING GRAVITY THICKENERS & SOLIDS HANDLING EQUIPMENT AT WATER RECLAMATION PLANT #4 4 R, -07' 01 (WED) 14:48 P. 001 j ►* NATIONAL GENERAL AGENCYs INC. 1601 Elm St, Dallas, Tx 75201 Donald R. Lee, CPCU Vice President P, 0. Box 218010, Dallas, TX 75221-9010 Manager TEL (214) 665-6157 FAX_ (214) 665-6187 FACS i[X LA TR-AN9XI S SIGN DATE : 3-7-01 TO: FAX NO -806-747 0910 ATTN-. Ellis Kirk RE.- Bid to. Cita of Idibbock NUMBER OF PAGES INCLUDING THIS COVER PAGE: Attached is a bid-. bond for the above. You will need to have someone from Brandon & Clark to sign this before presenting it to The City of Lubbock. Will Send the original by mail - Don Lee cc: Carl Luckenbach Subsidiary of Employers General Insurance Group, Inc. Member of the Old Republic Insurance Group �R. -OT 01 (WED) 14 : 48 soup/�P v � .� Merchants Bonding Company P.O- BOX 26720 • AUSTIN, TX 78755-0720 BID BOND - PUBLIC WORK P. 00? KNOW ALL PERSONS BY THESE PRESENTS: That Brandon & Clark Inc.. 3623 I-27, Lubbock, TX. 79404 . (hereinafter called the Principal) as Principal, and the MERCHANTS BONDING COMPANY (Mutual) a corporation of the State of Iowa, with its Home Office in the City of Des Moines, Iowa, (hereinafter called Surety), as Surety, are held and firmly bound to City of Lubbock, Texas (hereinafter called the Obligee) in the full and just sum of ($ ) a. 5% of The Greatest Amount Bid Dollars good and lawful money of the United States of America, to the payment of which sum of money well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents Signed and dated this 7th day of March 2001 THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Obligee shall make any award to the Principal for Inatat1ation of two drives for waste naterr pimps— according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award, and shall give bond for the faithful performance thereof with the MERCHANTS BONDING COMPANY (Mutual) and Surety, or with other Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure to do so, pay to the Obligee the damages which the Obligee may suffer by reason of such failure, not exceeding the penalty of this bond, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect. IN TESTIMONY WHEREOF, the Principal and Surety have caused these presents to be duly signed and sealed. Brandon & Clark Inc. Witness: BY Attest: _ - . M R BY CON 0333 AU (5/98) �aaft-FPA-Ri't-ZMutual) �,_, Attorney In Fact 7R, -OT O1 (iM1rED) 14:48 - Merchants Banding Company POWER OF ATTORNEY Know All petsons By These PreserrM that the MERCHANTS BONDING COMPANY (MUTUAL). a corporation duty orgatiaed under the taws of the State of Iowa, and haring ft princiPai office in the Ctly of Des Moines, County of Polk, State of Iowa. hath made, constituted r■n and appointed, and does by these presents make, corwda to and appoint D=L -,d3 R. Lee Elalland Sof 'ie3ma Its true and lawful Attomey4ri-�. with full power of d tate and stead to sign. axes t adina wledge and deriver in its behalf as surety any and all and authority thereby aorifened in its name, place such instrument shall bonds, undertkin ags• recognrzahcss or other written obligador►s in the mature thereof, subject W the ilmftllon that any not exceed the amount of .*r FM9MINM180 ($500,000-00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL-) thereby as fully and m the same emnt as if such bond or undert aldng was signed by the duly authorized officers Of the MERCHANTS BONDING COMPANY (MUTUAL), and al such aces of said Attamey-IM-Paa, pursuant to the authority herein give% are hereby ratified and confirmed. This Power cf-Attomey is made and exam ed purse t to and by authority of me (oitowi g A a' d and Restated By-law$ adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL.) ARTICLE 11, SEC110N 8. -The Cnairmarh of the Board or President or arty lime President or SecremY shall have pourer and authOr- ily to appoint Attameys-in-Feet end to autnortm them to execute on behalf of tl18 Co �� and ry in � rtanlra allarh the I�e�LMO Comparry thereto. bonds and undertakings, recogrirzartrBs• conn o! Indemnity and otne►hxritlngs ARTICLE il, SECTION 9. -The signature of any authOfted ot5cerand the Seat oof f the Company may 6e affixed by fatsirrxle to arty Power of Attorney or Cerlt c= n thereof anldtoriathg �ecutfon nd when also IryJsed shall have the same force and recognizance, Ct Or other tho though suretyship obligations of the Company- and such signature manually fixed. to Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) of caused these y to be signed by its int and its corporate seal to be nereto affixed. this 1St . • • • • • •, MERCHANTS BONDING COMPANY (MtlTIJAL) ;0o•pf'vP0i9' •A9': y; ZV 9r�+r1 y� . f-. -o- • • a� 1933 0: c: BY:_�. •cam. d�... ..•via; p,.•a. r STATE OFIOWA ••'••••,••'•• COUNTY OF POLY, ss day of Ja 1999 before me appeared Larry Taylor, tome On this 1 personally !mown, who being by me duly swam did say that no is President of the MERCHANTS BONDING COMPANY (MUTUAL), the foregoing instrument and that the Seal aftiooed to me said instrument is the Corporate Seal of me said corporation described in the Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of DlreCtors. in Testimony Whereof, I have hereunto set my hand and affixed my Offi" Seal at the City of Des Moines, Iowa_ the day and year first P. 003 aDOve written. ••••••. � �C �. Moe : •� 9� Notary PudlcG Folk County, lows A • • , IOWA ' i ' STATE OF IOWA VV COUNTY OFPOLIC ss •••••••••••• L Witfiam Warner. Jr, Secretary of the MERCHANTS BONDING COMPANY (MUTUAL). BONDING ccr* COMPANY the abML) and foregoing e., is a true and carfeet COPY of the PORIER•OF.ATTORNEY, executed b!I ich is still in force and effect In Witness Whereof, I have hereunto set my hand and affixed the Seal of the Company on this day of M A2�c, ' `t, • • . •�. G C Flo • y�:V fit. . 1933 C: MSc Oat tom► •'% � �r - - •.`fid% •`�ac No Text 2 BENSHAW WEST Advanced Controls & Drives 100 Hp / 480 Volt / 60 Hz / 3 Phase / NEMA 12V Enclosure RATING: 125 Hp / Rated 160 AC Amps / VARIABLE TORQUE 100 Hp / Rated 152 AC Amps / CONSTANT TORQUE BENSHAW "H" SERIES DRIVES include: - UL Label - Two line 32 character Alphanumeric control with display of the following: Output Frequency, Motor Current, Fault Text, Parameter Setup, Terminals or Keypad Control, Speed, Rev. or Fwd. Command - (2) Analog Inputs - (6) Digital Inputs - (2) Digital Pulsed Outputs - (1) Programmable Analog Outputs - (1) Form C Fault Output - (2) Form A Programmable Relay Outputs - (3) Programmable Open Collector Outputs - Filtering and Scaling of Analog Inputs & Outputs - Speed Setting Input Signals: Current 4-20mA, Voltage 0-10 VDC, Keypad Entry Increase / Decrease contact closures, Serial communications - Start / Stop Control Keypad Entry, Two or Three Wire Control (dry contacts), Serial communications - Protective Features: Over Current, Over / Under Voltage, Over Temperature, Motor OL Ground Fault, Microprocessor Failure - (2) Independent Programmable Motor Profiles - Electronic Reversing - Programmable DC Injection Braking or Decel - Scalable Speed Display - User Selectable and Adjustable Auto Restart Function - (8) Programmable Accel / Decel Ramps - Linear, S Curve or U Curve Accel / Decel Ramps - Ramp, Coast, DC Injection Stop or absolute accel / decel - Programmable Max Frequency 400Hz - (8) Programmable Preset Speeds - (3) Critical Frequency Lockout Bands - Volt / Hz Shape: Linear, Squared, User Defined, Auto Torque Boost - Start Functions: Ramp, Speed Search, Auto Torque - Slip Compensation - Integral PI set -point controller 46A17 - EMERGENCY / ATL VFD PACKAGE / 125 Hp / Variable @ 480 Volts -1, ISOLATION CONTACTOR 1, BYPASS CONTACTOR OVERLOAD RELAY AND HEATER (specify FLA), w/ CT's IF REQUIRED 120VAC CURRENT TRANSFORMER FOR CONTACTORS - "VFD - Off - ATL" SELECTOR SWITCH INPUT CIRCUIT BREAKER NEMA 12V ENCLOSURE DIMENSIONS: 70" H x 30" W x 18" D y e .^e J �.'. m � � �,,� .... }" i � �" "k ^' :-srq ro � .•- : ..:bn a S'.r_. : i ='s" ,�" .',;"� f �s � y � s T r^• `? t^ " •..... -.,.� a : � ' 8 ��:.� r"„s s,,. -6 ...•"-s,'� .,,i : 5...= .. a.rl... -,� J' t,. �v i . t..�a. °;..va ;:..i �..o q.i r a_. ,:.: �.: i,i , . . , _ y s VVKI I t Output frequency 0.5 - 400Hz Built-in braking NEMA 1 enclosure standard Custom enclosures available 200020001.0starting torque Read parameters from Dile * 1 & 3 phase, 230/460 volt drive and write to another S -s, BENSHAW +n;:-Y� s READ 4 Multiple stall prevention modes :. y e .^e J �.'. m � � �,,� .... }" i � �" "k ^' :-srq ro � .•- : ..:bn a S'.r_. : i ='s" ,�" .',;"� f �s � y � s T r^• `? t^ " •..... -.,.� a : � ' 8 ��:.� r"„s s,,. -6 ...•"-s,'� .,,i : 5...= .. a.rl... -,� J' t,. �v i . t..�a. °;..va ;:..i �..o q.i r a_. ,:.: �.: i,i , . . , _ y s VVKI I t Output frequency 0.5 - 400Hz Built-in braking NEMA 1 enclosure standard Custom enclosures available 200020001.0starting torque Read parameters from Dile * 1 & 3 phase, 230/460 volt drive and write to another 1D TE R-eud parametersfrom one drive and write to another �'l3 �t •a Engineered drives + Integrated systems Over 250 modifications Monitoring and control systems a Start-up and training Standard wash -down enclosure (3 to 10 NP) 200% starting torque S -s, Multiple accei. &z decei. patterns +n;:-Y� s READ 4 Multiple stall prevention modes :. + Multiple intelligent 1/0 terminals 11 .v- Multiple braking profiles Multiple motor profiles WRITE Standard 32_c acterley pad > 56 -step PLC batch control Windows-based software Key pad is interchangeable Compact industrial design 4 from 3 to 600 HP Constant and variable torque rated 1D TE R-eud parametersfrom one drive and write to another �'l3 �t •a Engineered drives + Integrated systems Over 250 modifications Monitoring and control systems a Start-up and training Standard wash -down enclosure (3 to 10 NP) 200% starting torque Custom enclosures available 200% starting torque :. Custom enclosures available 200% starting torque RSi Uni, Torque Drive Series... Wc��=r Utilizes a unique labyrinth sealing system for drives from I to 10 HP. Ideal for applications where the environment is dusty, wet, or wash -down. High impact design provides the ultimate in exterior protection for lough applications, yet permits easy access to drive parameters. control program. Batch sequence IL6;m.a.+Ww�K>.'iW.ti'uw.u.�srw.., .,-.....,--...- P .. .. ... .. Offers advanced space vector �: Adv. switching patterns control technology which provides r High output voltages higher motor and drive perfor- Reduced motor noise mance in comparison to traditional 4 Reduced motor heating sinusoidal PWM type drives. °< Higher motor performance switching between a constant Cuswm curve 1 & 2 Pr Output Sequence Standard from 1 to 30 HP with aDirection (forward1� r .3 Batch 1 built-in PLC type 56 -step batch or reverse) control program. Batch sequence = Acceleration time to has it's own programming section target speed (in sec.) called the Auto Group. There are 7 Target speed (in Hz) steps in each sequence, and 8 Time at target speed(in sec.) sequences that can be pro- Decelpattern 1 & 2 grammed. Each step contains: + U -curve I & 2 a The RSi Drive with (PL) control software for HVAC and pumping applications is staiulard. The PL function compensates the output speed by comparing a feedback with a set point given to the drive. The set point can be in terms of speed, temperature, pressure, orf low DRW Unique application profiling Constant torque 1 & 2 �- Base motor 1 & 2 characteristic allows the drive to be r. Variable torque 1 & 2 � Accel. pattern 1 & 2 customized to almost any applica- 4 -S-curve I & 2 Decelpattern 1 & 2 tion. The RSi is also c o capable f + U -curve I & 2 Energy savings switching between a constant Cuswm curve 1 & 2 e Torque boost I & 2 torque profile and variable torque Braking patterns + Stall prevention I & 22 Speed search 1 load using the same motor. Base speed 1 & a The RSi Drive with (PL) control software for HVAC and pumping applications is staiulard. The PL function compensates the output speed by comparing a feedback with a set point given to the drive. The set point can be in terms of speed, temperature, pressure, orf low DRW FUN -76 int ptowss FUN -77 :,:::FUN -.79 FLN-79... FUNN25 4ftMink The RSi fandly of drives offers a full compliment Standard on the RSi Uiai-Torque Drive from of built-in industrial drive features: 3 to 600 HP is the industry's most powerful and Uni-Torque Technology friendliest operator interface: Multiple Start / Stop Configurations 4 Key pad + Terminal 2 and 3 wire a Custom 2 and 3 wire Multiple On Board Digital Meters Running frequency + Output voltage + Output current + RPM t- Fault Analog / OptionaI External Meters Running frequency Output voltage - Output current Programmable UO Preset speeds / Run patterns / Jog / Accels. Decels. / Motorized pot / hold / custom Energy / Savings / S.S. / Ext. Brake d: Ext. trip / Alt. Motor / Pulse / O.L. / LN. r Run / Seq. start / Seq. stop / Band ENTER TO CHANGE SETTING •..: •Ne Labyrinth Sealed Wash -down Design STOP/ 4; 1to10HP DRIVE MANUAL START IS CONTRO! IS GROUP OPERATION 32- FROM THE .� Standard 32 -Character Back -lit English Display KEY PAD CHARACTER 3 to 600 HP BACK -LIT DISPLAY Standard Up- and Downloadable Key Pads , I to 600 HP e Storable on diskette -- SCROLL Multiple Stall Prevention Modes BETWEE N + 10 modes to choose from GROUPS Multiple Braking Profiles Injection and dynamic 160MPRW Multiple Custom Volt / Hz Patterns CHANGE A Constant torque and variable torque PARAMETER SETTING Custom S and U curves ROWT is Custom configurations Multiple Accel. and Decel. Patterns + 56 -step programmable batch control PUSH 4 accel. patterns (time and contact closure) FOR REVERSE ,.., 4 decel. patterns ( time and contact closure) Multiple Start / Stop Configurations 4 Key pad + Terminal 2 and 3 wire a Custom 2 and 3 wire Multiple On Board Digital Meters Running frequency + Output voltage + Output current + RPM t- Fault Analog / OptionaI External Meters Running frequency Output voltage - Output current Programmable UO Preset speeds / Run patterns / Jog / Accels. Decels. / Motorized pot / hold / custom Energy / Savings / S.S. / Ext. Brake d: Ext. trip / Alt. Motor / Pulse / O.L. / LN. r Run / Seq. start / Seq. stop / Band ENTER TO CHANGE SETTING :.. ...:. M FR4a.: �•.. •..: •Ne f STOP/ SPEED DRIVE MANUAL START IS CONTRO! IS GROUP OPERATION FROM THE FROM THE DIRECTION SPEED KEY PAD KEY PAD :.. ...:. M FR4a.: �•.. •..: •Ne f MERICAL F FWD OR REV TARGET LISTING DIRECTION SPEED . l , with advanced, integrated control and system architecture 3 to 600 HP common key pad and programming ¢ Plain English text Common control board sets Device -Net / Profibus / RS485 communications t• Windows-based software with up >:-- to 32 drives "z w: GENERATE MAINTENANCE .. REPORTS Four progra1. mming groups 4 stratg)zt kne, nutner.Ml sequence • • • • -DRIVES • • • e GROUP • P Set speer! �: Start ::..s.tep :Sel up tuputs ttun pattern e Seiaccel .. .:. Base speed.„ ;,, .....¢.:Sel np outputs. : Aatch control a "Setdei. ..................... Anfotiaost `.::'.: .. . Optrans q :.Meters .: :: i£e. s.: Ileuses. NPE ...... . hault Log Ter�anpal:::: ...... Profibus .. ... ... ..... . Drive mode `:: fie$ Std ., .... Torque boost: : Pre-set speeds.I icreE curves. < _pan#t histories < DeceT carves Energy meiic i Brs[umoder ows Ju>up:bands, ..... Stsll prepentibn .. 4. Overload bevels 1ltotur prcifles c Plset, .....: .. downiaad 1 &k-ept ..:: prioteetsen: AiW mere, The RSi S & H Series can be provided with these standard communication and control options: RS -485 Card Logic Card , . '4)0f Pulse Generator .. :: Card Device -Net / Profbus Card The RSi-G Series Mini -Drive is the perfect choice for those tough industrial and OEM applications where ease of operation and high performance are required. The RSi-G is a full -featured drive with an up- and downloadable key pad housed in a standard NEMA -1 enclosure. The RSi-G is compact and easy to install as either a stand alone unit or mounted inside a control panel unit. The RSi-G utilizes a highly advanced space vector control algorithm which lowers total harmonic distortion, torque ripple, and current ripple providing improved output voltage performance. This improved performance translates into better thermal conditions at both the drive and motor, permitting smoother operation of the application. Optional enclosure, braking resistor, communications, FMr. filtar snd ling rcaetnr kite ara nvailaMa r— 230 volt, three phase, 3 to 30 hp constant torque ratings 230 volt, three phase, S to 40 hp variable torque ratings 460 volt, three phase, 3 to 30 hp constant torque ratings 460 volt, three phase, S to 40 hp variable torque ratings The RSi-S Series Uni-Torque Drive is versatile, powerful and reliable. The drive is designed for tough industrial and OEM applications where power and performance must come together. The RSi-S, with an up- and downloadable key pad, high impact covers and wash -down design is standard from 3 to 10 HP. Additionally, it has built-in batch control software as well as the powerful RSi Uni-Torque software. The RSi-S adapts a highly advanced space vector control algorithm which lowers the total harmonic distortion, torque ripple, and current ripple and provides improved output voltage performance. This improved performance translates into better thermal conditions at both the drive and motor, permitting smoother operation of the application. Optional enclosure, braking resistor, communications, FMC filtar and line raactnr kit, ara nvailahla ^••••• 230 volt, three phase, 40 to 100 hp, constant torque ratings 230 volt, three phase, 50 to 125 hp, variable -torque ratings 460 volt, three phase, 40 to 600 lip, constant torque ratings 460 volt, three phase, 50 to 750 hp, variable torque ratings The RSi-H Series Uni-Torque Drive is versatile, powerful and reliable. The drive is designed for tough industrial and OEM applications where power and performance must come together. The RSi-H with an up- and downloadable key pad and the powerful RSi Uni-Torque software is standard. The RSi-H Series utilizes a 32-bit DSP in order to enhance a built-in motor model for exact torque calculations. The RSi also uses a highly advanced space vector control algorithm to lower total harmonic distortion, torque ripple, and current ripple and improve the output voltage performance. This assures better motor performance in large horsepower applications. Optional enclosure, braking resistor, communications, FMr. filtor and lino rcartnr kite arc availahlc Built the way you want them... and shipped when you need them. Guaranteed! 6 ✓ f L 67 fF 4.d �C L .-,6 6 ...6 `the Bensha+v Promise .':. Combination starters and bypass contactors to meet your system requirements a- 15 to 2000 amp circuit breaker 40 to 2000 amp non-fused disconnect ®- 30 to 800 amp fusible disconnect c Bypass contactors to 1200 amps Enclosures to match your environment Standard designs— NEMA 1, 12, 4, 3R, 4X, 7,9 Uni-mount or custom ABS/DNV approved for marine duty State of the Art { Production Facilities Renshaw has over 25 years experience providing engineered systems from start to finish, including: ,�-;, Custom operator Y interfaces v Integrated PLC control systems — 'DeviceNetftofibus/ A Modbus communi- t` cations e Remote monitoring and diagnostic - systems On-site commis- sioning, training and support .-...�-�:......... _ ...fit` Benshaw's customer service organization is dedicated to providing comprehensive 7 -day -a -week, 24 -hour - a -day phone support, repairs, spare parts, field engineering, retrofits and training services... when and where you need us. Whether its Benshaw or third -party equipment, you can count on our experi- enced team, backed by the latest diagnostic and repair tools and a two million dollar parts inventory to support your operations. 7 x 24 Hotline Support from our operations in Pittsburgh, Listowel (Canada), Detroit and Phoenix, including: Technical phone support. c Overnight parts shipment. 24-hour service dispatch. Coordination of all service capabilities. Field Services are performed on-site by skilled technicians, engineers or complete teams, if needed, including: Start-up commissioning. Field repairs. Field analysis/data collection. Preventive maintenance. Repairs are made on Benshaw and third -party equipment by trained, expe- rienced personnel, using the latest diagnostic and test equipment to repair: Printed circuit boards. Power electronic control assemblies. Electrical control assemblies. G.... TU BENSHAW Benshaw is a trademark of Benshaw, Inc. Windows is a registered trademark of Microsoft Corp. Copyright m 1998 Benshaw, Inc. Training is provided in both a classroom and a hands-on environment that provides the student with practical skills, including: Basic electrical maintenance. Electronic maintenance and diagnostics. < Benshaw product courses. Customized systems courses—maintenance- or operations -based. `Pm Complete motor protection allowing maximum rated output without risk of downtime. DESCRIPTION The 369 is a digital relay that provides protection and monitoring for three phase motors and their associated mechanical systems. A unique feature of the 369 is its ability to "learn" individual motor parame- ters and to adapt itself to each application. Values such as motor inrush current, cooling rates, and acceleration time may be used to improve the 369's protective capabil- ities. The 369 can offer optimum motor protection where other relays cannot, by using the FlexCurveTm custom overload curve, or one of the fifteen standard curves. The 369 has one RS232 front panel port, and three RS485 rear ports. ModBus' RTU protocol is standard to all ports. Setpoints can be entered via the front keypad, or by using the 369PC software and a computer. Status, actual values, and trouble- shooting information are also available via the front panel display or via communications. A simulation mode allows testing and verification of correct operation without requir- ing a relay test set. 0 As an option, the 369 can individual- ly monitor up to 12 RTDs. These can be from the stator, bearing, or driven equipment. The type of RTD used is software selectable. Optionally avail- able as an accessory is the remote RTD module which can be linked to the 369 via a fiber optic or RS485 connection. The optional Metering package provides VT inputs, as well as volt- age and power elements. It also provides metering of V, kW, War, kVA, PF, Hz, and MWhrs. Four user configurable analog outputs are included with this option. The Back -spin Detection (BSD) option enables the 369 to detect the flow reversal of a pump motor and enable timely and safe motor restart- ing. 369 options are available when ordering the relay or as upgrades to the relay in the field. Field upgrades are via an option enabling passcode and/or an accessory installation available from GE Power Management. GE Power Management r PROTECTION Start and Running The motor is protected under both acceleration and running conditions. The 369 can trigger an alarm or trip the motor based on the normal accelera- tion time, the number of starts per hour, the time between starts, or motor over -load conditions. Overload The 369 protects the motor from over- load conditions. One of fifteen standard overload curves may be programmed based on motor manu- facturer's locked rotor time capability. Alternately the user may program in a custom curve using the built-in FlexCurveTM function. The motor's service factor value is entered as the overload pickup level. Fifteen standard overload curves 10.DDO 1.ODO a U m 100 W 2 cc (multiples of full load) 61976SA6.CDR FlexCurveTM The 369 develops a smooth custom over- load curve within a selected range when a FlexCurveTM is programmed. FlexCurveTM can be used to protect motors which have different rotor damage and stator damage curves, such as motors connected to high inertia drives, allowing total motor design capac- ity with complete protection. By using custom curves it is no longer necessary to compromise protection, as can be the case with single fixed curve relays. During programming the 369 allows the selection of a custom curve. Rte, Typical FlexCurve- am N► 13NO VeR WOUCED DRAFT FAN MOTOR (1) PRGGRAMMEOWLTRIN769CUSTOMCUM p RUNMNG SAFEnME IROTOR UMREOI Q3 ADCELERATIONSAFETIMEMOTORUMTTE01 © MOTORCURRM O 1W%VOuAGE ''.n MOTOR CURRENT 00% VOLTAGE MULTWLE OF FULL LOAD CURRENT SETPOINT Unbalance Unbalanced three phase supply, voltages are a major cause of induction motor thermal damage. Induced currents in the rotor can be high, whereas stator current increases can be much lower. To prevent rotor damage unbalance protection must be used. Unbalance alarm, trip and single phase tripping is provided. Undercurrent (Minimum Load) The undercurrent function is used to detect a decrease in motor current caused by a decrease in motor load. This is especially useful for indication of such conditions as loss of suction for pumps, loss of airflow for fans, or a broken belt for conveyors. A separate undercurrent alarm level may be set to provide early warning. Ground OIC For ground overcurrent protection, all three of the motor conductors must pass through a separate ground CT. CTs may be selected to detect either high imped- ance zero sequence ground or residual ground currents. The ground fault trip can be instantaneous or time delayed by up to 255 seconds. A low level of ground fault pickup is desirable to protect as much of the stator winding as possible. A 50:0.025A CT, 1A or 5A CT may be used for ground fault detection. current surge will cause the relay assigned to the rapid trip / mechanical jam function to become active. The user may set the pickup level and the trip time delay. An alarm can also be set for early warning. Rapid Trip / Mechanical Jam Quick motor shut down capability allows the 369 to reduce damage to gears, bear- ings, and other mechanical parts associated with the drive combination. A Stator Overtemperature (Option R) Overtemperature protection of the stator winding can be incorporated into the 369 by monitoring up to 12 option- al stator RTDs. If less than 12 RTDs are used for stator monitoring, the remain- ing RTDs may be used for any other temperature monitoring function desired. Individual RTD alarm, high alarm and trip levels are set by the user. Lsr ~_it Temperature Monitor (Option R) A total of 12 optional RTD inputs can be provided on the 369. Any RTD inputs not used for stator RTD protec- tion can be used for other temperature monitoring functions. These will commonly be used for motor and load bearings. Separate alarm and trip level temperatures can be selected for each RTD. Alternatively, a remote RRTD module can also be used with the 369 for temperature monitoring. Back -Spin Detection (Option B) The BSD option is used to detect flow reversal of a down hole pump motor when check valves are not functioning or non-existent. Once the pump has stopped rotating, the BSD will allow the pump to safely restart, minimizing downtime and preventing expensive motor damage. The BSD does not require any special sensing modules to function. Sensitive circuits detect the voltage produced by the generator effect of the spinning motor. Digital signal processing tech- niques determine the direction of rotation and predict the pump stop time. An underpower element trips the motor immediately in case of loss of fluid to the pump (which also cools the motor). The metering option (M) is included in the BSD (B) option. Thermal Modeling A unique feature of the 369 relay is its ability to compute the motor IZt value based on actual motor load current. The thermal model calculates this value in terms of thermal capacity used. r u( user time aa'`"'' can R -T-0 R e will Ipad IE al e h RTD RTD Hot Motor Compensation (Option R) When hot motor compensation is enabled, the RTDs measuring the stator temperature act as.a thermal capacity check to confirm the value calculated by the thermal model. The thermal capacity used is then updated to reflect the higher of the two values. This accounts not only to heat due to IZt, but also to motor heat- ing due to loss of cooling or extreme ambient temperatures. In addition, the 369 offers the unique capability of allow- ing the user to match the motor thermal characteristics with a dual slope RTD bias curve. The two part curve allows for easy fitting of hot and cold motor damage curves to the RTD bias feature. RTD bias curve sample U= ), FACTORY PRESET CURVE: (Min.- 401C. Center . 110-C & Max.= 155°C.. w^ Center Thermal Capacity . 15%. _ Motor Management Relay" MONITORING AND METERING Metering (Option M) A metering option is provided with the 369. This gives the 369 the ability to monitor quantities such as PF, kW, frequency, etc. Several protection func- tions can be performed based on these parameters, including: ■ Voltage ■ Watts (kW, MW ) ■ Vars ( War, MVar) ■ Power Factor ■ Frequency ■ MWh Analog Outputs (Option M) Four isolated analog outputs are provid- ed that can be field selected as 0-1, 0-20 or 4-2OmA outputs. Each of the analog outputs is programma- ble to specify a certain parameter. For exam- 1�� pie, analog output 1 could be motor load, 1 analog output 2 could be volts, etc. Fault Diagnosis After a trip, the cause of trip along with measured values of current, unbalance, and temperature present at the time of FUNCTIONAL BLOCK DIAGRAM BACKUP _ _ _ _ -, OPTIONAL METERING BUS v, w.v 'r, v1R.ta 55 4ISOLATED ��i V V ANALOG OUTPUTS ;—cm : 27 47 55 �0 : N BREAKER RELAY T OR FUSED TRIP CONTACTOR _ ________ T ALA R. RELAY -E t Qy s4 - --T- BEARING STATOR AMBIENT START 0 STATOR t5lt.woolrl "E "1D 10BEARING IOytlsO fl/5Y 7[m iYnitfi`�AMBIENT ��� N010181tM trip are displayed. With this informa- tion, the cause and action required to fix the problem can be quickly deter- mined. An event record of the last 40 causes of.trip helps identify a persistent problem like an overheating bearing. Alarm functions include immediate overload warning, unbalance, under- current, and internal self check fault. Often an alarm can be generated soon enough to enable corrective action to be taken before a trip occurs which would shut down the process. CURRENT UNBALANCE .. TRIPS :4 t ,Testing A simulation is available that enables simulated currents to be used without the need for a relay test set. This is ideal for verification of settings and training. The simulation mode can be run from the front panel display ora PC. 14 Speed switch 27/59 Undervoltage/Overvoltage 37 Undercurrent/Underpower 38 Bearing RTD 46 Current Unbalance 47 Phase Reversal 49 Stator RTD 50 Short circuit & short circuit backup 50G/51 G Ground o/c & ground o/c backup 51 Overload 55 Powerfactor 66 Starts/hour & time between starts 81 Frequency 86 Overload lockout 87 Differential USER INTERFACES Communication A front RS232 port is provided for downloading setpoints and interrogat- ing the relay. This is done through the free 369PC program, using a personal computer that runs Windows®. In addi- tion, 3 independent rear RS485 ports are provided. This unique feature offers the customer flexibility and performance when designating the corresponding communication network. The 369 can communicate at baud rates up to 19200 bps using the industry standard ModBus® RTU proto- col Option (F), a 5MBd Fiber Optic Link, is provided for harsh environments. This option disables one of the RS485 ports. Option (P), a Profibus interface port, allows the 369 to communicate on Profibus-DP network. Future Expansion t GE Power Management relays commu- nicate using an open architecture protocol and hardware interface. Different GE Power Management relays or devices by other manufactur- ers can be mixed on the same communication link. Even if communi- cations are not required on initial installation, the 369 can be integrated into a plant control system at a later date since communication capability is standard. Flash Memory is used for code storage r, within the 369. This allows future prod- uct upgrades to be installed throughout an existing plant by simply loading new program code via the front serial port. Enter setpoints directly to the 369 or copy/save relay settings to a file. View motor current temperature, statistics and status. 369PC For quick entry of all relay setpoints, 369PC can be used instead of the front panel keypad and display. This soft- ware runs under Windows® on a personal computer for intuitive point and click entry. The PC connects to the 369 via a stan- dard 9 -pin serial cable connected to the front RS232 port, or via a RS232/RS485 convertor through the rear ports. Setpoints for each motor in the plant can be stored in a file and printed for easy reference. When new relays are added, a complete file of settings can be downloaded for error free setpoint entry. 212 Maar Protection Read the trip record and pretrip values for quick fault diagnosis. Maximize production throughput and improve preventative maintenance with trend analysis. Display and Keypad The 40 character display and keypad provide convenient local communica- tions and control. Motor parameter setpoints can also be entered using the keypad and display. To help prevent unauthorized setpoint changes, a setpoint access input must be shorted before changes can be made. The display module can be separated from the relay and mounted remotely. All information that can be accessed from the relay can also be displayed on a PC. This includes actual values, setpoints, status and trip records. The 369PC program can also be used to generate graphical trend reports. Self explanatory messages make programming and monitoring easy PHASE` CT PRIMAiY: -LEARNED ACCELEI2AT ION-, T I ME, = 0.05_ LED Indicators Ten LED indicators on the front panel provide quick visual indication of status. Digital Inputs The 369 has 6 dry contact inputs. ■ Setpoint access: these terminals must be shorted together in order for the faceplate keypad to have the abil- ity to store new setpoints ■ Emergency restart: momentarily shorting these terminals together when the motor is stopped will cause the thermal memory to discharge to 0% used, allowing for an immediate restart after an overload trip. While this may be necessary for safety or production considerations, it will compromise the thermal protection functions of the 369, making it possi- ble for the motor to be damaged. ■ Reset: this input can be used for remote reset operations. It can also be used for an automatic reset. • Speed Switch: connection of this input to an external speed switch allows the 369 to utilize a speed device for locked rotor protection. ■ Differential Relay: an external differ- ential relay can be connected such that a contact closure on this input will result in an immediate differen- tial trip on the 369. ■ Spare Input: this input can be set to provide an alarm or trip after a programmable time delay when a contact closure is sensed on these terminals. All digital inputs other than setpoint access are fully programmable as general switch inputs. FEATURES STATUS INDICATORS 4 LEDs indicate when an output is activated. When —M an LED is lit, the cause of the output relay operation will be shown on the display. SERVICE LED indicates that a self-diagnostic test failed. Rugged, corrosion and flame retardent case. KEYPAD Used to select the display of actual values, causes of alarms, causes of trips, fault diagnosis, and to program setpoints COMPUTER INTERFACE RS232 comm port for con- necting to a PC. Use for downloading setpoints, ■ monitoring, data collection & printing reports. 4 OUTPUT RELAYS Programmable alarm and trip conditions activated programmable setpoints, i switch input, remote I communication control (12 RTD INPUTS (R) Field selectable type j IBACKSPIN DETECTION (B) I 0-575V RMS 369 Front View Motor Management Relay" DISPLAY 40 Character alpha -numeric LCD display for viewing actual values, causes of alarms and trips, and programming setpoints STATUS INDICATIORS LEDs indicate if motor is backspinning. RRTD is connected, metering is enabled and com. status. HELP KEY Help key can be pressed at any time to provide additional information 369 Rear View CONTROL POWER � HI: 50-300 VDC / 40-265 VAC _1 LO: 20-60 VDC 120-48 VAC Customer Accessible Fuse I DIGITAL INPUTS PROFIBUS PORT (P) 3 x RS485 Ports 3 Independent modbus channels ANALOG OUTPUT (M) FIBER OPTIC DATA UNK (F) For harsh enviroments and or hook up to RRTD CURRENTINPUTS 3 Phase and ground CT inputs 5A, 1A, taps IVOLTAGE INPUTS I M) GROUND CT INPUTS 0-240V wye or delta VT 5A 1A and 50:0.25 taps W"Mo_ connections. Ellin, rffllvinumflffifq�� TYPICAL WIRING aaN HGF -CT IS Amp CT) C18) A I�4.A B eIn C Twisted Pair awl Ob 1 10'f 1 109 110 93 94 92 96 97 95 89 100 98 102 104 103 101 d p':.. .sem. ' to COM 6A 1A COM 6A 1A COM 6A to COM 5A,l, !�!1 �¢{`t=VOf,TACiEiNAM '?�. Phase A Phase B Phan C NeuVGnd ' yiQfNi EPOb"bliipy'pq� CURRENT INPUTS .. 13 FlLTER GROUND 723 rseatv..,,.124 STATOR. GE Power Management Zog1 NEUTRAL , 125 WINDING 1 tat Cp11 .t Hili .. D SAFTY GROUNDI 126 n4.= a1J6 369 STATORa: - Motor Management Relay® 71 WINDING2a TRIP 112 113 114 �S g ALARM 115 Wj WINDING 3 10 Cash x `>Y 116 x11 ti.7. tY`RT03' j 117 ;12 aNd et§� F AUX. 1 118 119 1� STATOR > O 720 WINDING 14': Cam R AUX.2 121 122 16: STATOR IV aerM WINDING 5 16' Cee . _ Ri06 SPARE 51 19.. >-t 7� 52 DIFFERENTIAL 53 STATOR 2Y 'a ? RELAYSPEED 55 r,� WINDING6 .22 Csw "l1T06 O Z SWITCH `24' eH6 O 1:= ACCESS 57 Z � SWRCH 58 25 .} .' MOTOR ,.. — D EMERGENCY 59 I BEARINGI :28` Cam _.��-. s RESTART 60 '.�°`" Ja"'i✓ EXTERNAL 61 28 W" r `."- RESET 62 MOTOR ,28: ,•} '%I"`"s- BEARING2 ,30.: Care �,,80 31. x�w. :..32: aMd. .'33 BEARING i 34. Cate sx 9Y :. ♦i ;83 PUMP s.84 lid. PUMP BEARING 2 :8 Cae1 vRT010� = :140 said :.. •,, . S Prtion ( R�*I 741`7-+-- CASE t ' , • Option(P) PUMP ¢ CASE .42.+ (pg CHANNELI CHANNEL2 CHANNEL3 -.44 06-9 - :46 + ?;g-, Woo RS485 RS485 RS485 � • AMBIENT + — H + — SHLE lt"" 17.. RTDl2 74 75 76 77 78 79 48 aAM. . 369 COMPUTER 5111- 3 111,111, 1 1 8 \ Kww� TD 2 2 3 RD 9 8 7 8 RD 3 3 2 TD 4 4 20 vn�o9cwa. ND 5 5 7 NO 6 6 6 _ 7 7 4 6 B 5 0 _ 9 9 22 0 0 PC "- 9 PIN 25 PIN CONNECTOR CONNECTOR rte! 214 Motor Protection MOTOR OPTIONAL GROUND BUS L CONTROL POWER 1 N NOTE AUIRM RELAY CON TA CTS SHOWN WITH CONTROL POWER REMOVED RTD ALARM DIFFERENTIAL RELAY SPEED SWITCH KEYSWITCH OR JUMPER load RS4881 PF Watts Shie 1 =TER Shield — Shield Int n — ST CONNECTION —win" — SCADA 501125 uMFIBER 62.51125uM FIBER 100!140 uM FIBER (jjffffjfC R E MLE RTD12 840700BB.cdr JOU otor Management elay° I 369 TECHNICAL SPECIFICATIONS -RIDS 1y11�PUfS {OPTION Rk =: :, '"Seatetiy(rlc -OVEMAAD CUtIVES TRIP TIME CwvaK iScurvea,Tokedsliape/prog 4Te><Creve� Ovedood Pldup: Ace—W.Pictap:tl%dfu8scalezr 1111-125 x FLA f 'ArmIlltWpoGmat, '.,3mA Tiers: ttaomaort2%dtotal Onrs .: SHORT CIRCUIT& GROUND TRIP GrouW Tdp local: 025 - 25.00 A (50:6025 CT) 25 A mez. for Pt and Ni type 10.100% N A/SACT) WTrip LsrN: 2 - 20 x CT, OFF letsatioal Delay: INST. or Illmato MM ms (SIC) (GROUND) hmmouoaom 45 ms STARTPROTECTION 30 mV - 515 V rms Tbararsl: Separate start & nm protection Activation Inrush current increases 5% to 6 optically isolated Ory Contact > 101% FLC in 1 sec Deactivation Current drops < Overload Pickup Level Accaracy:" -.. motor running H current> 5% FLC Locked Rotor. 2.10 x FLC Stallrmn: 1.0.600.0 see THERMAL MODELING Thermal Capacky: Separate stophun, exponential end down Cool Rete.Stop cool time constant 144 min Raagx,; Rum cod time constant 1-500 min Hol/Cold: So -100%, het after 15 min running Lockout re 1-500 minprogmmable A --W- 1126% power on or ofF UNBALANCE APPROVALS ISO: Manufactured under an IS09001 registered system Range: 4-30% Aeewegr. 32% Delay: 0 -" 255 sec Calculation: 1„2lay U8%=1�OIxt00% tAAaatkl9 - : - av - la„<Iay UR%='4111 Ixt00% FLC where: 1w = average phase current ■ ability to learn, display, and inte- tot,= phesewith maximum devistionfront 6 . . WA lay=motor full bad current$011ing -RIDS 1y11�PUfS {OPTION Rk =: :, '"Seatetiy(rlc t00Qp1eWnnrtlDlNg7801 `' LT Irgkut 00 C 120 Q Halal ;,. Io A r ;,. 'ArmIlltWpoGmat, '.,3mA 20 x= CT primary amps 8ap� .IOLo200'Cor-4to421 F Wd Balateaa. 25 A mez. for Pt and Ni type 0.017 3 C3 max for Cu type botatlow 36Vpk 830 INPUTS (OPTION e) �aepe�r 2 - 300 Hz pyewate 8SO Range: 30 mV - 515 V rms Accuracy. t 0.02 Hz DIGITAL/SIVITCHINPUTS 1.0 x CT primary (I A / 5 A) 6 optically isolated Ory Contact MpMType Foeetiom (c110001) Programmable PHASE CURRENT INPUTS Conversion: True mks, sample time 1.04 ms LT Irgkut 1 A and 5 A secondary Range: 0.05 to20x phase CT Primary amps Ful Scala 20 x= CT primary amps Fmq--r- :., .: 20- 300 Hz AeenraeT. 052xct 0.5%d2xCr 0.017 0>2xCT 1.0%cf20xCT GROUND CURRENT INPUT IGF Cr) CTInput(Ratedk 1A/5Asecondary and 50:0M CT Primary: I-= All A15 A) Ran": 0.ItoI xCTprimary(tA/5A) taw now 0.05 to 16.0 A (W-0-025) Full Scale. 1.0 x CT primary (I A / 5 A) Frequency 20 -300 Ht Camsrsioa Truerml.04ms/sample Accaracy:" -.. t1%of full scale (IAIS Al . 40.07 A 01 A (50d AM) /aOxCT t 020 A 016 A (SX0251 PNASFJUNE VOLTAGE INPUT(VTMOptioe 14 VTRatia-:; ":, 1.W-240:tinsups of0.01 VTSecoadety ': . 240VAC (full scale) , .., Raagx,; 0.05-:1.00xfulisola Froqueaelr 2g,300Hz Cotwerdam'True rmsiA4 '4/i ample A --W- t111%offugscale. ■ short circuit (50) APPROVALS ISO: Manufactured under an IS09001 registered system Maz.'Coatiewoe: :'"2BOVAC - CC: IEC 947x, (EC 10101 POwER METERING (Optica Mk tions interface includes one front :ACL101AL7 RS232 port and three independent tAAaatkl9 - : - IRatsuuH tt U U1WN twr .>,-•*1%: •� ::-:aaw':�..i 13111100 .. programming, local retrieval of infor- ■ ability to learn, display, and inte- mation, and flexibility in WA AM— r WA -%' e•aga00 :- maximize motor protection neering work stations. ■ a keypad and 40 character display *krnh *s% -- .1 kaah -- a-%= P..Faceor . "*t% - `gun &M -1M - ••&MRM -; - .:.a01Itr . L. ,aoaD-3a000 r' r, kwo.m.ad .izll IMN 41-11= - hWDosand - *2y.... -`1bN. 0•e0.000 INAOamaad .0% .-- .TINA Amp Davrral:: . • f31i - " IA MONITORING wAVEFORMCAPNRE 1 d64 cyeksto a de cOes TrlgpxPosidw 0- I00%txo-IIkpto pm TriOger Jp,nreraallyvre ordgialirrput POWER CONTROLPOWE1i - . Mput LO: 2D-80VDC 20-/8VACM 0Hz Ht 50-300VOC 40 -255 VACW60 Hz Power. nominal 2D VA maximum 65VA Holdup: non-fadsafetrip: 20Dms faRafe trip: t00 ms ��►:I�S'LTi ' r• ol�11i I�7• i )< , is GROUNDMPU' C7 MA1tfOAD "' f100II {'� '#f00ii' ,e00II BURDEN - LE VA o - IA .0.78 511in OUTPUTRELATS 0AX UN RSI85: 3 rear ports (up to 192 kbps, 36 V isolation, OMI 2D 6.79 0.017 U7 OM Prolibor. Option P rear port lup to 12 Mbps, Prorkbus DP) OM 25 am 50m taw now Motor protection and management MU v X0VAf1125voc shall be provided by a digital relay. 05 37511 150 GROUND) HAS CT CURRENTwrrHSTAND ■ phase overload standard curves (51) CT s2s ,a1 WITHSTAND TIME 's continuous IA /aOxCT 40xCT 3xCT 5A 1OoxCr I 40xCT 3xCT 502M i ICA I SA 150mA �n0l�TTfU'T�P'ilONIA(i'p • - �ROBt1AlAAA91Eur`t,-:-, � ' MA1tfOAD "' f100II {'� '#f00ii' ,e00II x�iltxlRllPlrt �_ •. ldta"!� �:: � ��� `.: Aecrraey: tt%dtutlseale ..' Wagon: 50 V isolated *;*a source OUTPUTRELATS (eaallvELDAD OPF.11 tNWe71VE TOAD W. .lw RSI85: 3 rear ports (up to 192 kbps, 36 V isolation, 330290VAC PAW Load SA02MVAC 3SA03OVDC 2SA03OVDC Prolibor. Option P rear port lup to 12 Mbps, Prorkbus DP) CKMCWTV"t SA Tomperatnro: 40 •C to +60 *C ambient Mnkwaftiq z000VA 85VA taw now Motor protection and management MU v X0VAf1125voc shall be provided by a digital relay. M"UWMhftl eA Protective functions include: uporm sma I <ama na a0 ■ phase overload standard curves (51) Cutwm radat .. aa,w ■ overload by custom programmable overtemperature with 12 indepen- dent RTD inputs (49) curve (51) TYPE TESTS Dielectric 2.OWforlminto s, Insolation: IEC 255.550QwC. Tf"ents: ANSI C37.90.1 Oscillatory 25W11 MHz ANSI C37,90.1 Fast Rise 5 kV110 ns Ontario Hydro A -28M-92 IEC 255-4 Impulse/High Frequency Disturbance Class III Level kopv%4Tat IEC 255-5 0.5 Joule 5W - - RA: 50 MHO15 WTransmitter EMI: C37.90.2Electromagnaac Interference 0150 MHz and 1450 MHz, 10 V/m Static:IEC 801-2 Static Dischsrga Eaviroamea, IEC SB -2-38 Tempotature/Humid'dyCycle Doxwoisture: IP50 ■ short circuit (50) APPROVALS ISO: Manufactured under an IS09001 registered system UL Recognized under E83849 CSA: Approved under LR41286.59 CC: IEC 947x, (EC 10101 SbippingBex: trxlrxr(LxHxD) RS232: From: port (up to 192 kbps, ModBus' RTU► 305 mor x305mmx203mmIt. xHx0) Ship Weight 10lbs/4.5 kg RSI85: 3 rear ports (up to 192 kbps, 36 V isolation, ModBus0 RTU) Fiber Optic: Option Frear port (up to192kbps, ModBus'RTU) ENVIRONMENTAL Prolibor. Option P rear port lup to 12 Mbps, Prorkbus DP) Humidity: 95% non -condensing ' Tomperatnro: 40 •C to +60 *C ambient *Specifications subject to change without notice. GUIDEFORM SPECIFICATIONS Motor protection and management ■ flash memory shall be provided by a digital relay. Optional functions include: Protective functions include: ■ under/overvoltage ■ phase overload standard curves (51) ■ stator overtemperature/bearing ■ overload by custom programmable overtemperature with 12 indepen- dent RTD inputs (49) curve (51) ■ underpower & power factor (55) ■ I't modeling (49) ■ unbalance/ single phase (46) 0 backspin detection The relay is capable of displaying ■ phase reversal (47) important metering functions, includ- ■ starts per hour and time ing phase voltages, kilowatt, kilovar, between starts (48) power factor, frequency and MWhr. In ■ short circuit (50) addition, undervoltage (27) and low ■ ground fault (50G/50N 51G/51N) power factor alarm and trip levels are ■ mechanical jam/stall field programmable. The communica- tions interface includes one front Management functions shall include: RS232 port and three independent ■ statistical data RS485 ports, with supporting PC soft- ware, thus allowing easy setpoint ■ pre -trip data (last 40 trips) programming, local retrieval of infor- ■ ability to learn, display, and inte- mation, and flexibility in grate critical parameters to communication with SCADA and engi- maximize motor protection neering work stations. ■ a keypad and 40 character display DIMENSIONS 369 MOTOR MANAGEMENT RELAY 1 369 SPLIT MOUNTING 1 r Imml � 8.85' 11741 8.07' 4.23' 6.125' 1-- 61561 1 8.07' 12061 (107) (1681 1561 I 1 1 (205) _dtjCM m is 9 y L et3e � 1 BBB 0.216' (61 DIA MOUNTING 16789) 14 PLACES) 1 SURFACE FRONT VIEW SIDE VIEW REAR VIEW 1 •� FRONT VIEW 1 6.12' 1 (156) !I"R 1 1 � 1 • c — 1 tpwg 6.65' Mf REAR VIEW 1 ORDERING To order select the basic model and the desired features from the Selection Guide below 369 369 Basic unit (no RTD) Hl 50-300 VDC140-265 VAC Control Power LO 20-60VDC/20-48 VAC Control Power R Optional 12 RTD inputs (built-in) 0 No optional RTD inputs M Optional metering package B Optional backspin detection (includes metering) 0 No optional metering package or backspin detection F Optional Fiber Optic Port 0 No optional Fiber Optic Port P Optional Profibus protocol interface 0 No optional Profibus protocol interface Note: The 369 is available in a non-drawout version only. ModBusm is a registered trademark of Modicon Windowss is a trademark of Microsoft ® Motor Management Relay is a registered trademark of GE Power Management 0 DISPLAY MODULE 1.35' Inc) r (m� MOUNTING SURFACE SIDE VIEW 1/0 HOUSING SIDE VIEW Accessories 369PC Program 6.125' (156) ss 1 10.875' (276) (4 PLACES) l 0.218' (6) DLA- REAR IAREAR MOUNTING 6.125' (156) 10.875' (276) 14 PLACESI 0.218' (61 DIA. W"s86. -9 FRONT MOUNTING Setup and monitoring software ML -369 Motor Management Relay DIMENSIONS 369 MOTOR MANAGEMENT RELAY 1 369 SPLIT MOUNTING 1 r Imml � 8.85' 11741 8.07' 4.23' 6.125' 1-- 61561 1 8.07' 12061 (107) (1681 1561 I 1 1 (205) _dtjCM m is 9 y L et3e � 1 BBB 0.216' (61 DIA MOUNTING 16789) 14 PLACES) 1 SURFACE FRONT VIEW SIDE VIEW REAR VIEW 1 •� FRONT VIEW 1 6.12' 1 (156) !I"R 1 1 � 1 • c — 1 tpwg 6.65' Mf REAR VIEW 1 ORDERING To order select the basic model and the desired features from the Selection Guide below 369 369 Basic unit (no RTD) Hl 50-300 VDC140-265 VAC Control Power LO 20-60VDC/20-48 VAC Control Power R Optional 12 RTD inputs (built-in) 0 No optional RTD inputs M Optional metering package B Optional backspin detection (includes metering) 0 No optional metering package or backspin detection F Optional Fiber Optic Port 0 No optional Fiber Optic Port P Optional Profibus protocol interface 0 No optional Profibus protocol interface Note: The 369 is available in a non-drawout version only. ModBusm is a registered trademark of Modicon Windowss is a trademark of Microsoft ® Motor Management Relay is a registered trademark of GE Power Management 0 DISPLAY MODULE 1.35' Inc) r (m� MOUNTING SURFACE SIDE VIEW 1/0 HOUSING SIDE VIEW Accessories 369PC Program 6.125' (156) ss 1 10.875' (276) (4 PLACES) l 0.218' (6) DLA- REAR IAREAR MOUNTING 6.125' (156) 10.875' (276) 14 PLACESI 0.218' (61 DIA. W"s86. -9 FRONT MOUNTING P. o: Setup and monitoring software provided free with each relay. RRTD Remote RTD Module. Connects to the 369 via a fiber optic or RS485 connection. Allows remote metering and program- ming for up to 12 RTDs. F485 Converts communications between RS232 and RS485/- fibre optic. Used to interface a computer to the relay. CT 50, 75, 100, 150, 200, 300, 350, 400, 500, 600, 750, 1000 (1A or 5A secondaries) HGF Ground CTs used for sensitive earth fault detection on high resistance grounded systems. 515 Blocking and test module. Provides effective trip blocking and relay isolation. DEMO Metal carry case in which 369 is mounted. P. o: i r Two Wire Gage/Absolute Pressurf Models 415 and SENSOTEC's two -wire transmitter Models 415 and 440 offer rugged, stainless steel construction suitable for even the harshest working environments. These models are available with zero and span adjustments and operate with a supply voltage from 15 to 40 VDC. Two -wire, 4-20ma output is provided. Both models set the accuracy standards for their competitive niches. The Model 415 offers an accuracy of 0.1 % while the Model 440 offers an accuracy of .2% F.S. SENSOTEC offers a wide range of electrical connectors with a DIN -type as standard on the Model 440. This connector offers many significant advantages to the user, including: flexibility to use any cable size between 4.5 mm and 14 mm or utilize a 1/2" NPT conduit fitting. It has the convenience and advantage of being a solderless and water-resistant connection, as well as allowing the user to tum the vibration -proof mating connector in any of four directions (900 increments) to achieve optimum cable clearance and cable/conduit run paths. These characteristics and extremely competitive prices make the 415 and 440 units perfect for industrial transmitter applications like bulk liquid inventory control, steam management, and other power plant applications. Gage Model 415 (Order Code AP411) Absolute Model 415 (Order Code AP412) Available Ranges D" L" 2; 5;10;15; 25; 50; 75; 100; 150; 200; 300; 500; 750;1000 psi 1.5 (3.81 cm) 3.3 (8.38 cm) 1500 psi 1.5 (3.81 cm) 3.24 (8.23 cm) 2000; 3000; 5000; 7500; 10,000 psi 1.5 (3.81 cm) 3.00 (7.62 cm) 20,000 psi 1.5 (3.81 cm) 3.085 (7.84 cm) Gage Model 440 (Order Code AP415) Absolute Model 440 (Order Code AP416) Available Ranges D" L" 5;15; 25; 50; 75;100;150; 200; 300; 500; 750;1000 psi 1.5 (3.81 cm) 3.2 (8.13 cm) 1500 psi 1.5 (3.81 cm) 3.15 (8.00 cm) 2000; 3000; 5000; 7500;10,000 psi 1.5 (3.81 cm) 2.9 (7.37 cm) MODEL 415 (2 ppPpp7S�I-2��01�,1,EE000 PSI) PRESSURE PORT ZEMUSTMENT COVER SCREWS 2-10,000 psi 1/4- E ENE 18 NPT Female C 20,000 Psi L. awl AH N �TO 9/16-18 UNF per AE F -250-C � I ORR EEOU E 6 i;�111E . .5 eoo © 11 f e'D MODEL 440 (5 PSI -10,000 PSI) 1 /4 pREySJRE YOR7� I L `4 ELECTRICAL 01N CONNECTOR . 5 o -o ® dill ( 000 ►n "See page AP -2 for other mating connectors. Consult Sensotec for other psi ranges. Model 415 Model 440 (0.1%) (0.2%)* r Gage: Order Code AP411 /� Absolute: Order Cod (e AP415, \ Absolute: Order Code AP412 Order Code AP416 PERFORMANCE Pressure Ranges .......................... 2 to 20,000 psi 5 to 10,000 psi Accuracy (min) .............................. ±0.1 % F.S. ±0.2% F.S.' Combined Non -Linearity, 200% over capacity Temperature Effect Hysteresis, M Non -Repeatability .................... 0.10% BFSL 0.2% BFSL Output .......................................... 4-20ma 4-20ma Resolution .................................... Infinite Infinite ENVIRONMENTAL Temperature, Operating ............... -20°F to 200°F 0°F to 185°F Overload -Safe .............................. Temperature, Compensated......... 60°F to 160°F 30°F to 130°F 200% over capacity Temperature Effect Pressure Port ................................ M -Zero (max) ............................... 0.005% F.S./°F. 0.01 % F.S./°F N -Span (max) ............................. 0.007% Rdg./°F 0.01 % Rdg./°F C Stainless Steel Type .............................................. Gage or Absolute M Weight .......................................... 13 oz. 13 oz. M ELECTRICAL Supply (acceptable) ...................... 15 to 32VDC 15tp 32VDC Max Load Resistance" ................ 1000 ohms 1000 ohms ' Wiring Code (std) ......................... #23 (See Pg. AP -8) #36 (See Pg. AP -9) Electical Termination (std) ............ PTIH-10-6P or equiv. DIN 43650 (Hermatic stainless) Water Resistant O Mating Connector (not incl.)......... PT06A-10-6S or equiv. DIN mating connector with solderless terminal"' Zero Adjustment ........................... Located Under Located Under m Span Adjustment .......................... Top Cover Top Cover MECHANICAL Media ............................................ Liquid, Gas Liquid, Gas Overload -Safe .............................. 50% over capacity 50% over capacity Overload -Burst ............................. 200% over capacity 200% over capacity Pressure Port ................................ 2 to 10,000 psi ......................... 1/4-18 NPT female 1/4-18 NPT female 20,000 psi ................................ 9/16-18 UNF per AE F -250-C NA Wetted Parts Material ................... Stainless Steel Stainless Steel Type .............................................. Gage or Absolute Gage or Absolute Weight .......................................... 13 oz. 13 oz. Case Material ............................... Stainless Steel Stainless Steel Model 415 Temperature compensated 1 b, 1 c; Pressure ports 5a, 5b, 5c, 5d; Electrical termination 6e, 6f, 6g, 6h (See Pg. AP -18) Signature calibration 53e Premium Options: 61, 6j; 9a; 10a (See Pg. AP -18) Accessories: Mating connectors and connector/cable assemblies (See Pg. AP -2); Pressure port adapters (See Pg. AP -5) Model 440 Electrical termination 6g (installed in mating connector only) Accessories: Mating connectors and connector/cable assemblies (See Pg. AP -2); Pressure port adapters (See Pg. AP -5) General Information How to order (See Pg. AP -17) Gage/Absolute pressure selection flow chart (See Pg. PR -1) Wiring codes (See Pg. AP -6) 'Notes: Model 440 50 psi Accuracy is .25% F.S. Maximum load resistance is 500 ohms at 23VDC. Specify cable dia. can handle 4.5 mm to 14 mm or 1/2", conduit fitting NPT. PR-' PAYMENT BOND 0 6" Merchants Bonding Company P.O. BOX 26720 • AUSTIN, TX 78755-0720 PAYMENT BOND STATUTORY PAYMENT BOND PURSUANT TO CHAPTER 2253 OF THE TEXAS GOVERNMENT CODE AS AMENDED (Penalty of this bond must be 100% of Contract amount) KNOW ALL PERSONS BY THESE PRESENTS: That, BRANDON & CLARK, INC.; 3623 I-27; LUBBOCK, TEXAS 79404 (hereinafter called the Principal), as Principal, and MERCHANTS BONDING COMPANY (Mutual), a corpo- ration organized and existing under the laws of the State of Iowa, with its principal office in the City of Des Moines, (hereinafter called the Surety), as Surety, are held and firmly bound unto CITY OF LUBBOCK TEXAS (hereinafter called the Obligee) in the amount of --FORTY FIVE THOUSAND EIGHT HUNDRED FIFTY ONE & NO/1C Dollars ($ 45,851.00 ), for the payment whereof, the 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 7TH day of MARCH 2001 ,to INSTALL TWO DRIVES FOR WASTE WATER PUMPS 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 Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the Principal and Surety have signed and sealed this instrument this 2ND day of MAY 2001 . Witness: Attest: I (If Individual or Firm) TAMMIE MANLEY (If Corporatio CON 0322 TX (2198) BRAN CLARK C. (Seal) BY: (Seal) ---(Seal) TITLE: VAO ____(Seal,) Principal MERCHANTS BONDIN COMPANY (Mutual) S ety By(Sea!) CARL A. LUCKENBACH, ATTORNEY-IN-FACT BOND CHECK eoro,y ""� •� f31 Si 13?luta :`~ LICENSED IN TEXAS DATE Flo l BY Merchants Bonding Company P.O. BOX 26720 • AUSTIN, TX 78755-0720 PAYMENT BOND STATUTORY PAYMENT BOND PURSUANT TO CHAPTER 2253 OF THE TEXAS GOVERNMENT CODE AS AMENDED (Penalty of this bond must be 100% of Contract amount) KNOW ALL PERSONS BY THESE PRESENTS: That, BRANDON & CLARK, INC.; 3623 I-27; LUBBOCK, TEXAS 79404 (hereinafter called the Principal), as Principal, and MERCHANTS BONDING COMPANY (Mutual), a corpo- ration organized and existing under the laws of the State of Iowa, with its principal office in the City of Des Moines, (hereinafter called the Surety), as Surety, are held and firmly bound unto CITY OF LUBBOCK TEXAS (hereinafter called the Obligee) in the amount of --FORTY FIVE THOUSAND EIGHT HUNDRED FIFTY ONE & NO/1C Dollars ($ 45,851.00 ), for the payment whereof, the 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 7TH day of MARCH 2001 ,to INSTALL TWO DRIVES FOR WASTE WATER PUMPS 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 Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the Principal and Surety have signed and sealed this instrument this 2ND day of MAY 2001 . Witness: Attest: I (If Individual or Firm) TAMMIE MANLEY (If Corporatio CON 0322 TX (2198) BRAN CLARK C. (Seal) BY: (Seal) ---(Seal) TITLE: VAO ____(Seal,) Principal MERCHANTS BONDIN COMPANY (Mutual) S ety By(Sea!) CARL A. LUCKENBACH, ATTORNEY-IN-FACT ff" Merchants Bonding Company (MUTUAL) POWER OF ATTORNEY Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint Carl A. Luckenbach of Lubbock and State of Texas its true and lawful Attorney -in -Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: FIVE HUNDRED THOUSAND ($500,000.00) Dollars and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all such acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By -Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on October 3, 1992. ARTICLE II, SECTION 8. —The Chairman of the Board or President or any Vice President or Secretary shall have power and author- ity to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE 11, SECTION 9. —The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney 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 fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and its corporate seal to be hereto affixed, this 1st day of January 1 2001- ' • •''' MERCHANTS BONDING COMPANY (MUTUAL) .•• \NG Cp•• STATE OF IOWA COUNTY OF POLK ss. By / President On this 1st day of January 2001 before me appeared Larry Taylor, to me Personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the e�*e, corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. STATE OF IOWA COUNTY OF POLK ss. • K. McC • IOWA z Oy.•' •...•••�tr,Q '. '9R1 A�- •' O�U4 e Aeade� Notary Public, Polk County, Iowa I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY, executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still ®••e in force and effect. In Witness Whereof, I have hereunto set my hand and affixed the Seal of the Company on this 1St day of January • 2001 00 off C • ., '4A yc. •y' �; MSC 0814 (2/98) • :.; • y , 1933 • • c. A 00 CERTIFICATE OF INSURANCE MAR. 2. 2001 10:40AM BRANDON CLARK LUBBOCK 8067472107 N0, 8725 P. 7 * CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: 03-02-2001 P.O. BOX 2000 LUBBOCK, TX 79457 TYPE OF PROJECT: #028-01/LR THIS IS TO CERTIFY THAT BRANDON & CLARK, INC.; 3623 I-27: LUBB(Name and Address of Insured) is, at u the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with the provisions of the standard policies used by this company, the further " hereinafter described. Exceptions to standard policy noted hereon. r - TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EFFECTIVE LIMITS DATE DATE GENERAL LIABILITY 0 Commercial General Liability 4464018 * -4-00 5-4-01 General Aggregate s 2.000 000 0 Claims Made ** Products-Gomp/Op AGG $ L .000.000 ?b Occurrence Personal & Adv. injury $ 1 0 Owner's & Contractors Protectiv Each Occurrence $1 .000 , 000 Fire damage (Any one Fire) $ $100,000 Med Exp (Any one Person) $ $ 5,000 AUTOMOTIVE i LABILITY ❑ Any Auto Combined Single llmlts 1 , 000 , 000 D All Owned Autos 4464019 * 5-4-00 5-4-01 Bodily Injury (Per Person) $ 0 Scheduled Autos ** Bodily Injury (Per Accident) Hired Autos Property Damage $ V Non -Owned Autos GARAGE LIABILITY 0 Any Auto Auto Only - Each Accident $ 0 Other than Auto Only: Each Accident $ Aggregate $ 0 BUILDERS RISK ❑ 100% of the Total Contract Price$ 0 INSTALLATION FLOATER $ EXCESS LIABILITY 0 Umbrella Form Each Occurrence $ Aggregate $ ❑ Other Than Umbrella Form g WORKERS COMPENSA77ONAND EMPLOYERS' LIABILITY The Proprietor/ ❑ Included 1463309 * 5-4-00 5-4-01 Statutory limits PartnerstExecutive 0 Excluded Each Accident $500,000 Officers are: Disease Policy Limit ' S 500.00Q Disease -Each Employee $ 500.0O 0 — OTHER The above policies either in the body thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer In less than the legal time required after the insured has received written notice of such change or cancellation, or in case there is no legal requirement, in less than five days in advance of cancellation. * OLD REPUBLIC INSURANCEC MPANY FIVE COPIES OF THE CERTIFICATE OF INSURANCE OYD MUST BE SENT TO THE CITY OF IRUOVIDE K* a nsur r /�-'/ POLICIES ARE ENDORSED TO P WAIVER OF SUBROGATION g 4� `/ AND **ADDITIONAL INSURED IN FAVOR OF THE CERTIFICATE y H HOLDER IF THERE IS A WRITTEN CONTRACT BETWEEN THE ABOVE Title: RF,(�TnNAT MANAGER INSURED AND THE CERTIFICATE HOLDER REYUIRING THEA BOVE.POLICIES BUT BUUTISUBJJECTATOE10 DAYS NOTICEEDUEDTODNONN—PAYMENT 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ! POUCY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE POLICY NUMBER QATE [MM/DDIYY) DATE IMWOO/YYI LIMITS _ GEN£RALUABILITY EACH OCCURRENCE S 77 iFIRE ( COMMERCIAL GENERAL LIABILITY DAMAGE (Any one rite) j S I� CLAIMS MADE =OCCUR I MEO EXP (Any one Peron) I t I PERSONAL s ADV INJURY I S If GENERAL AGGREGATE iS PRODUCTS - COMPrOP AGG ! S GEN•L AGGREGATE LIMIT APPLIES PER: I j POLICY ^_j PRO- rjFr.IOC AUTOMOBILE LIABILITY ! COMBINED SINGLE LIMIT S (Ea accident) ANY AUTO ;ALL OWNED AUTOS ! BODILY INJURY $ - (Per pemon) SCHEDULED AUTOS HIRED AUTOS I l I BODILY INJURY ; _ (Pet accident) NON -OWNED AUTOS i O. RTY OAMAGE S —• i - (Per accident) GARAGE LIABILITYi AUTO ONLY - EA ACCIDENT S ANY AUTO. OTHER THAN EA ACC ' S AUTO ONLY: AGG S EXCESS LIABILITY_ EACH OCCURRENCE is 5,000,0 A X. OCCUR CLAIMS MADE I BE -7396167 .' 5-4-00 5-4-01 AGGREGATE s 5,000,0 i 'S DEDUCTIBLE I s _ RETENTION Si: S WC S7ATU- --OTR"': i WORKERS COMPENSATION AND TORY LIMITS i E EMPLOYERS' LIABUJTY I i E.L. EACH ACCIDENT j S j i E.L DISEASE • FA EMPLOYEE S i E.L. DISEASE -POLICY LIMIT I S OTHER I i I DESCRIPTION OF OPERATIONSILOCATIONSIVEHCLESI"CLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS JOB REF: #028-01/LR — CERTIFICATE HOLDER I ADDITIONAL INSURED: INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATIOY DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MA1l : 10 c,�Qyk t\ NOTICE TO THE CERTIFICATE HbLDE LEFT, EOTFAtL - CITY OF LUBBOCK IMPOSE NO OBLIGATION OR OF AW&4NO U N NSURM ITS AGENTS 01 P. 0. BOX 2000 REPRESENTATIVES. LUBBOCK, TEXAS 79452 AUTHORIZED REPRESENTATIVE !TENAVAfINSURAN ENCY DONALD R. LEE ACORO 25-S (7197) v ACORD•COR ?OlmTt4�'�Mv CAFMPRO\CERTPROS. WEB CERTIFICATE OF INSURANCE TO: CITY OF LUBBOCK DATE: P.O. BOX 2000 LUBBOCK, TX 79457 TYPE OF PROJECT: THIS IS TO CERTIFY THAT (Name and Address of Insured) is, at the date of this certificate, insured by this Company with respect to the business operations hereinafter described, for the typed of insurance and in accordance with the provisions of the standard policies used by this company, the further hereinafter described. Exceptions to standard policy noted hereon. a*+c TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EFFECTIVE LIMITS DATE DATE GENERAL LIABILITY .. Commercial General Liability General Aggregate $ Li Claims Made Products-Comp/Op AGG $ Occurrence Personal & Adv. Injury $ _. Owner's & Contractors Protectivi Each Occurrence $ Fire Damage (Any one Fire) Med Exp (Any one Person) AUTOMOTIVE LIABILITY Any Auto Combined Single Limit $ All Owned Autos Bodily Injury (Per Person) $ Scheduled Autos Bodily Injury (Per Accident) Hired Autos Property Damage $ :. Non -Owned Autos GARAGE LIABILITY Any Auto Auto Only - Each Accident $ Other than Auto Only: Each Accident $ Aggregate $ BUILDER'S RISK 100% of the Total Contract Price $ INSTALLATION FLOATER $ EXCESS LIABILITY Umbrella Form Each Occurrence $ Aggregate $ Other Than Umbrella Form $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY The Proprietor/ Included Statutory Limits Partners/Executive - Excluded Each Accident $ Officers are: Disease Policy Limit $ Disease -Each Employee $ OTHER The above policies either in the body thereof or by appropriate endorsement provide that the may not be changed or canceled by the Insurer in less than the legal time required after the insured has received written notice of such change or cancellation, or In case there is no legal requirement, In less than five days in advance of cancellation. FIVE COPIES OF THE CERTIFICATE OF INSURANCE Name of Insurer MUST BE SENT TO THE CITY OF LUBBOCK By: Title: r•+ 1 r"- CONTRACTOR CHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed in at least 19 -point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: 2 REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must (see ,.., reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: " (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing " of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this r- rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. a-- 3 No Text CONTRACT �.. STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 12th day of April, 2001 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through the Mayor, City of Lubbock, thereunto authorized to do so, hereinafter referred to as OWNER, and Brandon & Clark, Inc. of the City of Lubbock, County of Lubbock and the State of Texas hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID #030-0111-R - FURNISH & INSTALL VARIABLE FREQUENCY DRIVE - $45,851.00 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 payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: CITY*AVEXAS N Z7 By: Secretary MAYOR 0" APPRO-\44J�D AS TO CONT ���e/>`''� CONTRACTOR: Owner's Repr sentative /V r4,4,e /C /1 APPROVED AS TO FORM: U/4 By: ✓P !! "�•� City Attorney PRINTED NAME: 6460, �- TITLE: ATTEST: COMPLETE ADDRESS: .�, Corporate Secretary Brandon & Clark, Inc. 36231-27 Lubbock, Texas 79404 GENERAL CONDITIONS OF THE AGREEMENT r GENERAL CONDITIONS OF THE AGREEMENT 1. OWNER Whenever the word Owner, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co- partnership or corporation, to wit BRANDON & CLARK, 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 BRAD WELCH ASSISTANT FARM MANAGER, 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. MM 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents". 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation ' or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's • Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated POO 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. 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. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to ensure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said 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) W" 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 borne by the Contractor. The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way affect the work under the contract documents. No oral agreement or conversation with any 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 WORKERS The Contractor agrees to employ only orderly and competent workers, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or ,•.� men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment 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 that may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be 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. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under the contract documents to make such inspections, tests, or approvals shall relieve the Contractor from its obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is expressly agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owner's Representative as unsuitable or not in conformity with plans, specifications and/or contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with the contract documents. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line, grade, form dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity actually done and at the unit price established for such work under this contract; otherwise such additional work shall be paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the Owner shall recompense the Contractor for any material or labor so used, and for actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's bid, except as provided under Changes and Alterations herein. It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to the Contractor for performing said extra work shall be determined by the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the lesser of the following: (1) actual field cost of the extra work, plus fifteen (15%) percent; or (2) the amount that would have been charged by a reasonable and prudent Contractor as a reasonable and necessary cost for performance of the extra work. ,., In the event said extra work be performed and paid for under Method (C)(1), then the provisions of this paragraph shall apply and the "actual field cost' is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, ^ together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation and all other insurances as may be required by or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100°/x, 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 elm 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." �, 5 No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C)(1). If Contractor does not notify Owner's Representative before the commencement of any extra work, any claim for payment due to alleged extra work shall be deemed waived. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative before bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND 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. 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 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 Explosion & Collapse Hazard Underground Damage Hazard Heavy Equipment Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury Advertising Injury B. Owner's and Contractor's Protective Liability Insurance. For bodily injuries, including accidental death and or property damage, $0.00 Combined Single Limit. This policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $500.000.00 Combined Single Limit, to include all owned and non - owned cars including: Employers Non -ownership Liability Hired and Non -owned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. W" 7 D. Builder's Risk Insurance/Installation Floater Insurance. The Contractor shall obtain a Builder's Risk policy in the amount of 0% of the total contract price (100% of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance The Contractor shall have Umbrella Liability Insurance in the amount of $0on 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. Definitions: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC- 83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Section 406.096, Texas Labor Code) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner - operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on the project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the •• duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self -Insurance ,� 9 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. (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; 10 ii w 0 (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 mustbe 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 512/440-3789 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: (iv) (v) "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."; 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; 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 11 (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (vii) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (viii) contractually require each other person with whom it contracts, to perform as required by paragraphs (i) -(viii), with the certificate of coverage to be provided to the person for whom they are providing services. 29. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY EQUIPMENT AND SUPPLIES Without limiting, in any way, manner or form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees that it will indemnify and save the Owner and all of its 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. 12 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 $100.00 (ONE HUNDRED DOLLARS) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every 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. 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 r- 13 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, T 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 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 specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown, and only when same are expressly stated to be estimates, for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work. In the event the amount of work to be done and materials to be furnished are expressly stated to be estimated, and only when same are expressly stated to be estimated, it is understood and agreed that the actual amount of work to be done and the materials to be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 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, 14 r*+s against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there 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. 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 15 The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion, Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final completion, the balance due Contractor under the terms of this agreement. Neither the certification of final completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or warranties implied by law or otherwise. 45. CORRECTION OF WORK Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's Representative on account of failure to conform to the contract documents, whether actually incorporated in the work or not, and Contractor shall at its own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract documents. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. Neither the final payment, nor certification of final completion or substantial completion, nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and Contractor shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of certification of final completion by Owner's Representative. 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. 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 16 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. I^ 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 r•, under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the 17 date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies that remain on the jobsite and belong to persons other than the Contractor or his Surety, if applicable, to their proper owners. The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as provided in paragraph 34, hereinabove set forth. 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. 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 18 materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a 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. 19 �,, CURRENT WAGE DETERMINATIONS RE: RESOLUTION NO. 6262, ITEM NO. 39, APRIL 8, 1999 EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Craft 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 1 Hourly Rate 11.50 12.50 6.25 9.00 12.50 12.50 7.00 11.00 7.00 8.00 11.00 13.75 7.00 9.50 8.50 9.50 10.50 11.50 7.00 11.00 6.00 6.00 9.50 12.50 7.00 9.00 7.00 10.00 7.00 11.00 P" rA EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Craft Asphalt Heaterman Asphalt Shoveler Concrete Finisher Concrete Finisher -Helper Electrician Flagger Form Setter Form Setter -Helper Laborer -General Laborer -Utility Mechanic Mechanic -Helper Power Equipment Operators Asphalt Paving Machine Bulldozer Concrete Paving Machine Front End Loader Heavy Equipment Operator Light Equipment Operator Motor Grader Operator Roller Scraper Tractor Truck Driver -Light Truck Driver -Heavy r+* 2 Hourly Rate 9.00 6.00 8.00 7.00 12.00 6.00 7.00 6.25 6.00 6.75 8.00 7.00 7.75 8.00 7.75 7.25 8.00 7.25 9.50 6.75 7.25 7.25 6.50 7.00 Opp r- f, EXHIBIT C Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) shall be as required by the Fair Labor Standards Act. EXHIBIT D Prevailing Wage Rates Legal Holiday Rate The rate for legal holidays shall be as required by the fair Labor Standards Act. 3 SPECIFICATIONS CITY OF LUBBOCK WATER UTILITIES MINIMUM SPECIFICATION FURNISH & INSTALL VARIABLE FREQUENCY DRIVE TABLE OF CONTENTS 1. General 2. Currency of Models 3. Product Information 4. Product Demonstration 5. Bid Compliance 6. Documentation 7. Application 8. Existing Motor Data 9. Existing Motor Controllers 10. Installation 11. Variable Drive 12. Drawings and Books 13. Warranty 14. Notice to Proceed 1 Page 2 Page 2 Page 2 Page 2 Page 2 Page 3 Page 3 Page 3 Page 5 Page 5 Page 6 Page 7 Page 7 Page 8 1.0 GENERAL The intent of these specifications is to secure the services of an electrical contractor to furnish and install two variable frequency drives at the water pumping station located at the City of Lubbock Land Application Site. The contractor shall have either a local office established within the City of Lubbock or be able to furnish future service of the equipment within 24 hours of the service request. This is required to insure minimal downtime due to the critical nature of the equipment. All equipment shall be installed by licensed electricians, who are knowledgeable with variable speed drives, hereafter referred to as VFD's. All required permits and licenses shall be the responsibility of the contractor to obtain. All equipment shall be furnished with all necessary hardware, software, and accessories to allow the unit(s) to operate as specified after installation. No additional purchases shall be required to make the unit(s) operational as specified. 77 2.0 CURRENCY OF MODELS All equipment shall be new and shall be current production models. Discontinued models and models about to be discontinued are not ' acceptable. All products shall be factory assembled and fully tested. Test results shall be submitted to the City's representatives prior to shipment .. and installation. 3.0 PRODUCT INFORMATION The vendor shall submit three copies of detailed and illustrated descriptions, schematics, and drawings for each product quoted at bid closing. One copy shall be for the City's buyer and two shall be furnished to the department responsible for bid evaluation. All items shall be submitted to allow the City's representatives to evaluate each bid. Any bid submitted without these items will be rejected without further consideration. 4.0 PRODUCT DEMONSTRATION The City of Lubbock reserves the right to receive a demonstration of the product to verify that all specified criteria can be met. The City of Lubbock also reserves the right to refect any or all bids or accept the bid deemed --� most advantageous to the City of Lubbock. 5.0 BID COMPLIANCE The vendor shall comply with all specification requirements. Quotations shall be submitted on the City of Lubbock's specification forms. All items on the forms shall be addressed. Any exception to any specification or ^°^ part of a specification shall be cited and explained fully in the bid. Otherwise, it is understood that all requirements will be met exactly as specified and any equipment received that does not meet the specification will be returned for full refund or shall modified to meet all requirements to the satisfaction of the owner's representatives. Quotations on items that do not meet the minimum 'specifications for each type of equipment will .., 2 not be considered unless those exceptions are thoroughly explained in the space provided. 6.0 DOCUMENTATION The vendor who is awarded the bid shall submit three printings of all original documentation of the product, including software, drawings, hard copies of programs, manuals, and programming parameters of the product. Copies of documentation instead of the originals are not acceptable. 7.0 APPLICATION 7.1 The purpose of the VFD's is to control the speed of the motors that drive the pumps. 7.2 The electrical service, panels, VFD's, motors, and pumps are all located indoors. Presently, there are no provisions to provide air conditioning to this building. The building is equipped with a ventilation system that draws air inside one end of the building and exhausts out the opposite end of the building. It is not anticipated that temperatures will rise above 120 degrees Fahrenheit. 7.3 The building environment is subject to extreme buildup of dirt, insects, and spider webs. 7.4 Each pump, motor, and VFD will be independently controlled and operated. It is expected that the two pumps will normally be operated simultaneously. 7.5 It is the intent of the operations staff to slowly ramp the speed of each pump to the desired speed. 7.6 The contractor shall wire the VFD controls to an existing hi / low- pressure switch. Normal operating range of the pumps are 45-55 PSI. The pumps shall automatically shut off if the discharge line pressure exceeds 65 PSI. They shall also automatically shut off if the line pressure falls below 20 PSI. If the pumping station experiences power loss, the pumps shall not restart automatically, but will be operator initiated. However, since discharge line pressures may fall below 20 PSI during power failure, there must be a time delay feature installed to allow starting of the pumps and ample time to build pressure above the low cutoff point. 7.7 Some periodic cleaning of the station is normally required during normal operation of the station. This typically consists of washing of the floors with a water hose. Therefore, a NEMA 3R enclosure shall house the VFD components. 8.0 EXISTING MOTOR DATA 8.1 The motors presently in use are identical and also operate identically. They are started locally by means of local start / stop 3 rte+ ., pushbuttons. The motors utilize a reduced voltage start by means of an autotransformer in the existing panel. 8.2 The two motors are identified as: LAS -EP -11 LAS -EP -12 8.3 It is desirable for the City to use the existing motors, if possible. If the vendor determines that the existing motors are not suitable for this intended application, then they shall submit pricing for the purchase of replacement motors. If the motors are changed, the contractor shall furnish all materials, labor, and equipment necessary to change them out. The vendor must include this information and pricing at bid closing. 8.4 The motor nameplate information of the existing motors is as follows: Brand: General Electric Vertical Motor Model: 5KS405DP6024 No.: EG45402 Horsepower: 125 Service Factor: 1.15 Time Rating: Continuous Hertz: 60 RPM: 1780 Volts: 460 Amperage: 135 Frame: L405TP20 P.F.: 90.5 Max KVAR: 19.8 Degrees C Max Ambient: 40 NEMA Design: B DP Type: KS Code: G 0•„ NEMA Nominal Efficiency: 95.0 Guaranteed Min. Efficiency: 94.3 9.0 EXISTING MOTOR CONTROLLERS 9.1 The controllers for each motor are positioned on the West wall of the pump building, just opposite the motors. I.E, the motors are located on the East side of the building. 9.2 Each controller is an integral part of an entire MCC lineup of several other motor control compartments. Each controller has it's own compartment, starters, overcurrent devices, overload devices, and control devices. 9.3 The MCC contains the following nameplate data: Brand: Square D No.: F190917 Bus Rating: 1600 Amps 600 VAC Max F.O. 1923570 -AO 9.4 The existing controllers shall remain in place, as they are. The vendor shall determine a suitable location for the new VFD controllers and shall be submitted for approval at bid closing. It would be permissible for the vendor to utilize the existing controllers as a branch circuit feeder for the VFD's. 10.0 INSTALLATION 10.1 The intent of the City of Lubbock, is for the contractor to provide all labor to properly install the VFD's, conduit, enclosures, fittings, anchors, and other associated parts. 10.2 All conduit shall be rigid pipe. It shall be installed in a neat and craftsman like manner. All conduit shall be run level and plumb, without kinks, burrs, or unthreaded connectors and couplings. All pipe shall be securely strapped and anchored. All conduit and wiring shall comply with the National Electrical Code and local ordinances. 10.3 Where conduits enter boxes and enclosures, they shall be secured with locknuts and shall have bushings to prevent damage to wiring. 10.4 All boxes and enclosures shall be securely and directly anchored, and not rely on the strength of the conduit entering the enclosure. All enclosures shall have a hinged cover with a gasket and clamp type fasteners for the cover. 5 10.5 Where flexible conduit is used, it shall be sealtite and shall be fitted with proper sealtite connectors. No length of flexible conduit shall exceed six (6) feet in length. 10.6 All control wiring shall be installed neatly. Control wires that follow the same path shall be tie wrapped together with nylon self-locking tie wraps. Termination points shall be properly identified at the ends of each wire using permanent marker tape or shrink labels. 10.7 Where motor lead splices occur in junction boxes, they shall be adequately taped and protected so as not to create possible short circuits or ground faults on the equipment. 10.8 If the supplied VFD cabinets are constructed to be free standing, hey shall be securely anchored to the floor in a manner that eliminates tipping of the cabinet. If the cabinets require a rack on which to be mounted, the contractor shall be responsible for construction of the rack. The rack shall be constructed of stainless steel unistrut and mounted with grade 316 stainless steel bolts, nuts, and washers. 11.0 VARIABLE DRIVE 11.1 The VFD shall be completely enclosed inside a NEMA 12 enclosure, as minimum. NEMA 3R is acceptable. 11.2 The VFD shall be suitable for a variable torque motor. 11.3 Each VFD shall be equipped with a line reactor that is mounted separately from the VFD enclosure unless it is an integral part of a stand-alone unit. 11.4 Each VFD shall be equipped with a bypass contactor to allow operation of the pump at full speed in the event of VFD failure. All contactors shall be NEMA rated for the motor horsepower rating of each motor. 11.5 Each VFD shall be equipped with a secondary surge arrestor. 11.6 Each VFD shall be equipped with short circuit and overload protection for each motor being served. A disconnect switch shall be mounted externally on the enclosure and shall be clearly labeled as a service disconnect. r 11.7 Each enclosure shall be properly labeled as: LAS -EP -11 LAS -EP -12 ^° 11.8 Each VFD shall be equipped with cooling fans to protect the internal systems from excessive heating. The fan openings shall have filters to remove large dust particles before entering the enclosure. „M 6 11.9 Additionally, each enclosure must be supplied with four complete, extra set of filters. 11.10 Each VFD cabinet shall have a Multilin 369 motor management Relay with the metering options. The relay shall be panel mounted and shall face outward. The face shall not exceed six feet in height nor exceed lower than five feet after site installation is complete. The relay must display actual system voltage phase to phase and phase to ground. The relay must be programmed with recommended factory trip and alarm settings before installation is considered to be complete. All interface and control wiring shall be complete prior to shipment. There will be no RTD inputs for the initial installation but provisions must be made for the future addition of these inputs. The contractor must provide two copies of programming software to the buyer's representative upon completion of the project. 11.11 The vendor shall include two complete sets of spare fuses apart from those necessary for operation of the equipment. 12.0 DRAWINGS AND BOOKS 12.1 Vendor shall furnish owner with three copies of all O&M manuals, instructions, as built drawings, and schematics for the VFD's. 12.2 All manuals and supporting papers pertinent to the job shall be bound in a notebook and shall have a title on the front and binder edge indicating the Company name and type of equipment furnished. The contents shall contain a section for each item, i.e. VFD Drive, Multilin, schematics, recommended spare parts, and etc. 12.3 Included with the above-mentioned paperwork, the vendor shall furnish a listing of manufacturer's recommended spare parts including model numbers and the distributor who furnishes these parts. 13.0 WARRANTY 13.1 The VFD's and Multilin Relays shall have a warranty that guarantees accurate operation for a period of not less than one year from the date of completion of installation. 13.2 If any part of the system fails during the warranty period while under normal operation, the company furnishing the VFD's shall make necessary repairs or replace the defective unit at no cost to the City of Lubbock. The City's staffed technicians shall assume responsibility for dismantling and shipping the defective unit back to the manufacturer. 7 PFARk 14.0 Notice to Proceed 14.1 When notice to proceed is issued to the awarded vendor, they may have up to eight (8) weeks to ship the entire order. This includes both VFD drives, Multilin relays (prewired and programmed), spare parts, manuals, and etc. to complete the order. 14.2 After the complete order and related components have arrived, the Vendor shall notify the City's representative and schedule a pre - construction meeting. Both parties shall negotiate a mutually acceptable start date to install all units. Total installation time shall not exceed 10 working days. 14.3 Upon completion of the installation work, the vendor shall secure all final electrical inspections. After a passing inspection, the vendor shall notify the City representatives of the completion status and the operation of the units. The vendor shall demonstrate proper operation of the entire unit to the satisfaction of the City's representatives. At this time, all spare parts and manuals shall be delivered to the City's representatives. Total time allowed for this project from the date of notice to proceed shall not exceed 50 working days. For the purpose of this project, a working day shall be defined as all days, Monday through Friday, excluding Holidays, Saturdays, and Sundays. 0