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HomeMy WebLinkAboutResolution - 6225 - Contract - Asbestos Removal Inc - JR Massengale Plant, Piping Insulation - 03/11/1999Resolution No. 6225 Item No. 26 March 11, 1999 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract for the J.R. Massengale Plant — Piping Insulation, by and between the City of Lubbock and Asbestos Removal, Inc., of Odessa, 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 11th day of March , 1999 . M�It4�1 4�-� WINDY slVrON, MAYOR ATTEST: jayt Darnell, City Secretary APPROVED AS TO CONTENT: Victor Kilmar4 Purchasing Manager APPROVED AS TO FORM: William de Haas Competition and Contracts Manager/Attorney gs:ccdocs/Asbestos Removal, Inc.res March 2, 1999 CITY OF LUBBOCK SPECIFICATIONS FOR J. R. MASSENGALE PLANT - PIPING INSULATION BID #99032 ♦ T Y O �� 11 CITY OF LUBBOCK Lubbock, Texas .w P.O. Box 2000 Lubbock. Texas 79457 (806) 775-2167 • Fax (806) 775-2164 1 ib - ITB #99032, Addendum #1 Office of Purchasing ADDENDUM #1 ITB #99032 J. R. MASSENGALE PLANT PIPING INSULATION MAILED TO VENDOR: February 18, 1999 CLOSE DATE: February 25, 1999 @ 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 find the enclosed drawings (three pages) on units #6 and 7 at Plant II. All requests for additional information or clarification must be submitted in writing and directed to: Questions may be faxed to or Email to: Ron Shuffield, Senior Buyer City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 (806) 775-2164 RShuffield@mail.ci.lubbock.tx.us TH YOU, Ron Shuffield Senior Buyer PLEASE RETURN ONE COPY OF THIS ADDENDUM WITH YOUR BID ITB 99032ad1.doc westin2nouse Drain Temp.from Htr. OF 202.1 220.0 234.4 239.3 207.6 Drain Enthalpy from Htr. Btu/lb 170.1 188.1 202.7 Feed Temp.from Htr. Feed Enthalpy from Htr. OF Btu/lb 197.1 165.1 215.0 183.1 229.4 197.6 234.3 202.6 Load kw 5,750 8,625 11,500 12,650 Drain Cooler No. 2 Drain Temp.from D.C. OF 138.5 151.6 163.4 165.2 Drain Enthalpy from D.C. Btu/lb OF 106.4 156.8 119.5 171.4 131.3 184.2 133.1 186.8 Feed Temp.from D.C. Feed Enthalpy from D.C. Btu/lb 124.7 139.3 152.1 154.7 Heater No. 1 1 5 1' Extr.Press.atTurb. Psia 4,27 5,084 7.64 8.31 Enthalpy Extr.Steam Btu/lb lb/hr 1091.5 2,083 1094+5 3,959 1101.5 61279 1105.5 72026 Steam Extracted Heater Shell Press. Psia OF 4.05 5.54 166.6 7.25 178.4 7.56 180.2 Drain Temp.from Htr. Drain Enthalpy from Htr. Btu/lb 153.5 121.4 134.5 146.3 148.1 Feed Temp.from Htr. OF 14R.5 116.4 16i-6 129.5 1?3.4 141.3 175.2 143.1 Feed Enthalpy from Htr. Btu/lb Drain Cooler No. 1 Drain Temp.from D.C. from D.C. OF Btu/lb 96.3 64.3 94.8 62.8 93.9 61.9 93.7 61.7 Drain Enthalpy Feed Temp.from D.C. OF 115.8 118.4 121.5 122.2 Feed Enthalpy from D.C. Btu/lb 83.8 86.4 89.5 90.2 Feed Temp. to D.C. OF 106.3 104.8 103.9 103.7 Feed Enthalpy to D.C. Btu/lb 74.3 72.8 71.9 71.7 Condenser Turbine Exh. Flow lb/hr 48,433 67,790 871,478 95,394 1007.8 1006.3 Exhaust Enthalpy Btu/lb 1030.8 1015.1 2.0 Condenser Press. In. Hg.Abs. 2.0 OF 101.2 2.0 101.2 2.0 101.2 101.2 Hot Well Temp. Hot Well Enthalpy Btu/lb 69.2 69.2 69.2 69.2 The Corporation will cooperate with the Purchaser to determine the desired heat balance arrangement and to aid the Purchaser in specification and purchase of accessory apparatus. Attached is an alternate heat balance "Performance arrangement for the 1260", Purchaser's reference, identified as Data pages 1, 2, and 4. Westin e CITY OF LUBBOCK, TEXAS 11,500 kw AIEE-ASME Preferred Standard Turbine Generator Unit Steam Conditions 600#g - 8250FTT - 2.0" Hg Absolute The maximum guaranteed kilowatt capacity at the ter- minals of the generator when operating continuous and at a load power factor of .935 is 12,650 kw. The maximum guaranteed capacity of the turbine when operating at the above steam conditions and extracting steam for the 4 stage feed heat arrangement as outlined in the specifica- tions is 12,880 kw. The maximum guaranteed capacity of the turbine when operating at the above steam conditions with the top heater out of service is 13,_395 kv. These are all continuous ratings. Tentative heat balance tabulation at the above steam conditions and in accordance with the arrangement as out- lined in the specifications. .r Load kw 5,750 82625 11,500 12,650 Throttle Flow lb/hr 58,170 83,749 110,541 121,433 Feedwater Flow lb/hr 58,470 84,049 110,841 121,733 Heat Rate Btu/kw.hr 11,781 11,039 10,710 lo,623 Heater No. 4 Extr.Press.At Turb. Psia 73.7 105.6 139.2 152.2 Enthalpy Extr.Steam Btu lb 1270.5 1283.5 1298.0 1302.0 8,582 Steam Extracted Heater Shell Press. lb/hhr Psia 3,4o4 70.0 5,359 100.1 7,6o6 132.3 144.7 Drain Temp.from Htr. OF 302.9 327.9 348.6 355.6 Drain Enthalpy from Htr. Btu/lb OF 272.6 298.5 320.2 338.6 327.5 345.6 Feed Temp.from Htr. 292.9 317.9 Feed Enthalpy from Htr. Btu/lb 262.3 288.1 309.7 317.0 Heater No. 3 t{,OF Extr.Press.At Turb. psia 29.2 41.7 54.9 60.1 Enthalpy Extr. Steam Btu lb lb/hhr 1206.0 2j1o6 1215.0 3,276 1227.0 4,594 1230.5 5,-116 , Steam Extracted Heater Shell Press. Psia 27.75- 39.6 522 57.1 Drain Temp.from Htr. from Htr. OF Btu/lb 245.9 214.3 266.7 235.4 283:7 252.8 289.3 258.6 Drain Enthalpy Feed Temp.from Htr. OF 235.9 256.7 273.7 279.3 Feed Enthalpy from Htr. Btu/lb 204.2 225.3 242.6 248.3 Heater No. 2 .27.5" r Extr. Press.at Turb Psia Btu/lb 12.69 1152.5 18.10 1161.0 23.75 1169.5 25.95 17.72.J Enthalpy Extr.Steam Steam Extracted lb/hr 21154 3,365 4,583 5,315 Heater Shell Press Psia 12.05 17.20 22.55 24.65 ZZ 000 P< Val A,;E� STANL'A( %' . 6o OFT,I /.5 /N.: h'G IA,Bs; , � I r 4458' 26.5 r �, 80 1 0 - oo I ki ALAS, 0 /E mot' leis.' iC Ix ' %ems /� E A7e uj z r l <• I u. -C 1 it �� I �.Lhr/i.^i 1, I`LI 17' Lo O •Y tk :; ��,. t�•• v I II ! N•Z_BJ4/. `F 3.3Z °F SIA p5s" iA 3_Af,9F �a_*j h l ?4,05 °F lTG9Sh z32s zo/. Sff h �' eAO zs3.i8 h �i wl � , l_ ¢E3 S60 .'r��.• /OS 30 F - ! I- - - - - -- - •J �- - - -I . _ _. _ _ _ J �- - � , 7- / = QR-RE, �6 i7E/-1 i� Erza�n t n CITY OF LUBBOCK INVITATION TO BID I FOR ITITLE: J. R. MASSENGALE PLANT - PIPING INSULATION ADDRESS: LUBBOCK, TEXAS A 1 BID NUMBER: 99032 PROJECT NUMBER: 7313.8284 1 CONTRACT PREPARED BY: PURCHASING DEPARTMENT L � I � I � I INDEX 1 1. NOTICE TO BIDDERS 2. GENERAL INSTRUCTIONS TO BIDDERS r 3. BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS 4. PAYMENT BOND �r 5. PERFORMANCE BOND 6. CERTIFICATE OF INSURANCE 7. CONTRACT 8. GENERAL CONDITIONS OF THE AGREEMENT 9. CURRENT WAGE DETERMINATIONS 10. SPECIFICATIONS 1 NOTICE TO BIDDERS �s C C r� r I r 1 NOTICE TO BIDDERS BID #99032 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 25th day of February, 1999, 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: "J. R. MASSENGALE PLANT - PIPING INSULATION" After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing Manager and publicly read aloud. It is the sole responsibility of the bidder to insure that his bid is actually in the office of the Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written. The City of Lubbock will consider the bids on the 11th day of March. 1999, at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or superior. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. There will be a pre-bid conference on 18th day of February, at 11:00 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 all persons regardless of disability. If you would like bid information made available in a more accessible format or if you require assistance, please contact the City of Lubbock Human Relations Office at (806) 775-2281 at least 48 hours in advance of the meeting. CITY OF LUBBOCK VICTOR KILMAN PURCHASING MANAGER Bid documents may be obtained upon request from the Purchasing Department at 1625 13th Street, Room L-04, Lubbock, Texas 79401; Telephone (806) 775-2167/Fax (806) 775-2164. M" 0 GENERAL INSTRUCTIONS TO BIDDERS ho INO f ri irz GENERAL INSTRUCTIONS TO BIDDERS 1. SCOPE OF WORK The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with contract documents for the J. R. MASSENGALE PLANT - PIPING INSULATION. 2. CONTRACT DOCUMENTS All work covered by this contract shall be done in accordance with contract documents described in the General Conditions. All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents. j 3. PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without it charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. 4. BIDDER INQUIRIES No bidder shall request any information verbally. All written requests for additional information or clarification concerning this bid must be addressed to: RON SHUFFIELD SENIOR BUYER CITY OF LUBBOCK P.O. BOX 2000 LUBBOCK, TX 79457 FAX (806) 775-2164 TIME AND ORDER FOR COMPLETION The construction covered by the contract documents shall be fully completed within 60 (SIXTY) consecutive calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to insure completion of the project within the time specified. 6. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 7. AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. 8. MATERIALS AND WORKMANSHIP Wk 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 Am 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. GUARANTEES All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general W 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). IW 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 0 to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and services % provided under this Contract, individually or in combination, as the case may be from the effective date of this Contract. Also, the Contractor warrants the year 2000 calculations will be recognized and accommodated and will a not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option, may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply with all the obligations contained herein. The obligations contained herein apply to products and services provided by the Contractor, its sub -contractor or any third party involved in the creation or development of the products and services to be delivered to the City of Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the City W of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited to, its right pertaining to termination or default. '* The warranties contained herein are separate and discrete from any other warranties specified in this Contract, and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated in this Contract by reference. 10. PLANS FOR THE CONTRACTOR The contractor will be furnished one set of plans and specifications, and related contract documents for his use 0 during construction. Plans and specifications for use during construction will only be furnished directly to the 06, 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. A to. 11. PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 12. TEXAS STATE SALES TAX This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 13. PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas, at Contractor's expense. 14. BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons, property and the work as may be necessary. The Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 15. EXPLOSIVES The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. Explosive materials shall not be stored or kept at the construction site by the Contractor. In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 16. CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 17. INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverage's shall be submitted prior to contract execution. The insurance certificates furnished shall name the City as an additional insured, or in the alternative, shall be accompanied by a statement from the Contractor to the effect that no work on this particular project shall be subcontracted. It shall be the contractors responsibility to provide to the owner all proof of coverage insurance documents including workers compensation coverage for each subcontractor. 18. LABOR AND WORKING HOURS Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: (1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. (2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative. In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 19. 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. 20. 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. 21. PREPARATION FOR BID The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price both in words and numerals, for which he intends to do the work contemplated or furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If the bid is submitted by an individual, his name must be signed by him or his duly authorized agent. If a bid is submitted by a firm, association, or partnership, the name and address of each member must be given and the bid signed by a member of the firm, association or partnership, or person duly authorized. If the bid is submitted by a company or corporation, the company or corporate name and business address must be given, and the bid signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign bids must be properly certified and must be in writing and submitted with the bid. The bid shall be executed in ink. Each bid shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the outside of the envelope in the following manner: (a) Bidder's name (b) Bid for (description of the project). Bid submittals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no bid may be withdrawn or altered thereafter. 22. 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). 5 (h) Specifications. (i) insurance Certificates. (j) All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. 23. QUALIFICATIONS OF BIDDERS The bidder may be required before the award of any contract to show to the complete satisfaction of the City of Lubbock that it has the necessary facilities, ability, and financial resources to provide the service specified therein in a satisfactory manner. The bidder may also be required to give a past history and references in order to satisfy the City of Lubbock in regard to the bidder's qualifications. The City of Lubbock may make reasonable investigations deemed necessary and proper to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City of Lubbock all information for this purpose that may be requested. The City of Lubbock reserves the right to reject any bid if the evidence submitted by, or investigation of, the bidder fails to satisfy the City of Lubbock that the bidder is properly qualified to carry out the obligations of the contract and to complete the work described therein. Evaluation of the bidder's qualifications shall include: 1. The ability, capacity, skill, and financial resources to perform the work or provide the service required. 2. The ability of the bidder to perform the work or provide the service promptly or within the time specified, without delay or interference. 3. The character, integrity, reputation, judgment, experience, and efficiency of the bidder. 4. The quality of performance of previous contracts or services. P" iw C BID SUBMITTAL c Fl BID SUBMITTAL LUMP SUM BID CONTRACT PLACE: City of Lubbock DATE: 2/24/99 PROJECT NUMBER: #99032 - J. R. MASSENGALE PLANT - PIPING INSULATION Bid of &SWczfns Rgna�7-lcl. Tnr (hereinafter called Bidder) To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner) Gentlemen: The Bidder, in compliance with your invitation for bids for the construction of a Tngilatian applicati-an to T irhi rns,Fq ri = nt aryl Piping 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. BASE BID: Insulation of Steam Piping Turbines and Equipment - Units # 6 and #7. MATERIALS: BE= rAm thousatYi seven lzarlred sixty four dollars ($ 29,764.00 ) SERVICES: T,�Amty nim t}rxi aryl cyp hrldred ajx d0jIMM ($ 29,106.00 ) TOTAL BASE BID: lift; aigbt t}nimmi Pigbt- hrrlral sm7enty dCA1ars 58,870.00 ) ALTERNATE #1: Insulation of Steam Piping Turbines and Equipment - Unit # 4. MATERIALS: Fi-fteen duusarld six hundred nimtY two dQ11ars ($ 15,692.00 ) SERVICES: Fazteen thound eight hundred seventy two dollars ($ 14, 872.00 ) TOTAL BID ALTERNATE # 1 (ADD): M -dr y t-a� five dyd:ed sixty fay S 30,50+.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 60 (SIXTY) consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of $500 (FIVE HUNDRED DOLLARS) for each consecutive calendar day in excess of the ' time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents. 1 Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 21 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to commence work on or before the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in the contract documents. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified check issued by a bank satisfactory to the City of Lubbock, or a bid bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than five percent (5%) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies, and execute all necessary bonds (if required) within (ten) 10 days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ($ ) or a Bid Bond in the sum of 5,000.00 Dollars ($ ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the event the bid is accepted by the Owner and the undersigned 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. Authorized Signature d� Scott Edge (Printed or Typed Name) (Seal if Bidder is a Corporation) ATTEST: i r Secretary i Bidder acknowledges rceipt I of the following addenda: Addenda No. I Date 2/18/88 Addenda No. Date Addenda No. Date Addenda No. Date Asbestos Ramal, Inc. Company P.O. BOX 13W Address Clty, Countyos 79768 State Telephone: 915 Zip Code 333832 Fax: 915 - 333-1929 ilm F N CITY OF LUBBOCK INSURANCE REQUIREMENT AFFIDAVIT To Be Completed by Bidder And Attached to Bid Submittal I, the undersigned Bidder, certify that the insurance requirements contained in this bid document have been reviewed by me with the below identified Insurance Agent/Broker. If I am awarded this contract by the City of Lubbock, I will be able to, within ten (10) days after being notified of such award by the City of Lubbock, furnish a valid insurance certificate to the City meeting all of the requirements defined in this bid/proposal. Contractor (Signatu e CONTRACTOR'S NAME: Scott Edge Contractor (Print) (Print or Type ) Asbestos Pamval, Inc. CONTRACTOR'S ADDRESS: P.O. Box 13503 Wessa, Texas 79768 Name of Agent/Broker: 1 OL T Address of Agent/Broker: 1300 11th Street ate 305-B City/State/Zip: Hartsville, Texas 77340 Agent/Broker Telephone Number: ( Date: 409/291-3074 2/24/99 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 #99032 - J. R. MASSENGALE PLANT - PIPING INSULATION THE AMERICAN INSTITUTE OF ARCHITECTS 1 ' AIA Document A310 Bid Bond #RB 101171 KNOW ALL MEN BY THESE PRESENTS, thatwe ASBESTOS REMOVAL, INC. (Here insert full name and address or legal title of Contractor) TX as Principal, hereinafter called the Principal, and (Here insert full name and address or legal title of Surety) United Pacific Insurance Company 77 Water Street, New York, NY 10005 a corporation duly organized under the laws of the State of Pennsylvania as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF LUBBOCK (Here insert full name and address or legal title of Owner) TX as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT OF BID AMOUNT NOT TO ' EXCEED FIVE THOUSAND DOLLARS Dollars ($TBD ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ' ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name, address and description of project) ' J.R. MASSENGALE POWER PLANT INSULATION NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 23 day of February 1999 ASBESTOS REMOVAL, INC. ((Principal) (Seal) (mess C L O V P / CL. (Tice) n U ted Pacific Insurance any (Sea!) (Witness) ' Anne M. Brennan (Title) Attorney -in -Fact SS 14 AIA DOCUMENT A310 • BID BOND + AIA ® + FEBRUARY 1970 ED + THE AMERICAN rN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY HEAD OFFICE: PHILADELPHIA, PENNSYLVANIA RB101171 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY are corporations duly xganized under the laws of the State of Pennsylvania (herein collectively called "the Companies"), and that the Companies by virtue of signature and Beals do hereby make, constitute and appoint Michael J. Friedrich, Anne M. Brennan, William J. Ballay and John J. Kuenster of Chicago, Illinois their _rue and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds and undertakings of Suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby atifies and confirms all that their said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of Article VII of the By -Laws of RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY which provisions are now in full force and effect, reading as follows: ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President -'or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorneys -in -Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (b) to remove any such Attorney -in -Fact at any time and revoke the power and authority given to him. 2. Attorneys -in -Fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorneys -in -fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By -Laws of the Company or any article or section thereof. This power of attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the Executive and Finance Committees of the Board of Directors of RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY by Unanimous Consent dated as of February 28, 1994. 'Resolved, that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this 15th day of January, 1997. RELIANCE INSU NC C MP UNITED PACIF NS R NC CO NY Dennis A. usti, Senior ice Pres' e -rx• STATE OF NEW YORKt ss. COUNTY OF NEW YORK J On this 15th day of January, 1997, personally appeared Dennis A. Busti to me known to be the Senior Vice President of the RELIANCE INSURANCE COMPANY and the UNITED PACIFIC INSURANCE COMPANY, and acknowledged that he executed the foregoing instrument and affixed the seals of said corporations thereto, and that Article VII, Section 1, 2, and 3 of the By -Laws of the Companies and the Resolu n, set forth therein, are still in full force. CARMINE J. MAGAZINO My Commission Expires: Nctzry Public, State of New York J �� January 3, 1999 ,No. : tNlew ork C Notary Public in a for State f ew York ,. Q:.2i'fied .n f•,evr �'o. h County Comm sci;r ExGires Jon. 3, 1991 I, Paul R. Spector, Assistant Secretary of RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Powe., of Attorney executed by said Companies, which is still in full force and effect. 23 February 99 IN WITNESS WHEREOF, I have hereunto set my hand ana affixed the seals of said Companies this day of 62 Assistant Secretary 19 PAYMENT BOND BOND CHECK____,3, - BEST RATING LICEgDINXAS DATEBY United Pacific Insurance Company 4 Penn Center Plaza, Philadelphia, PA 19103 PERFORMANCE AND PAYMENT BOND r Bond No NBB2047687 Amount S 89, 434.00 Know All Men By These Present, That we, Asbestos Removal, Inc. P.O. Box 13508 Odessa, TX 79768 (hereinafter called the Principal), as Principal, and, United Pacific Insurance Company, a corporation duly organized under the laws of the State of Pennsylvania , (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Lubbock P.O. Box 2000 Lubbock, TX 79457 (hereinafter called the Obligee), in the sum of Eighty Nine Thousand Four Hundred and Thirty Four Dollars w ($ 89,434.00)for the payment of which we, the said Principal and Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these ' presents. WHEREAS, the Principal entered into a certain Contract dated for pipe Insulation work — J.R. Massengile Plant in accordance with the terms and conditions of said Contract, which is hereby referred to and made a part hereof as if fully set forth herein. 1 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall well and truly keep, do and perform each and every, all and singular, the matters ' and things in said Contract set forth and specified to be by said Principal kept, done and perform, at the times and in the manner in said Contract specified and shall pay all lawful claims of sub- contractors, materialmen, laborers, persons, firms or corporations, for labor performed or materials furnished directly to the Principal, in the performing or completing of said Contract, we agreeing and assenting that this undertaking shall be for the benefit of the Obligee, sub- contractor, materialmen, laborer, person, firm or corporation having a just claim, subject to the -� Obligee's priority, then this obligation shall be null and void; otherwise shall remain in full force 16 and effect, subject, however, to the following conditions: 7 L I Page 1 of 2 1 t e 1 No payment bond claim may be filed hereunder by any claimant supplying labor, material or services: a) Unless notice of claim (intent) is served to both the Principal and Surety within 90 days of last furnishing material or services. Any suit against the payment bond must be initiated within 1 year of last furnishing material or services. Claimants must file bond claims with in the 90 day claim period to reserve the right to file suit under this bond. Any suit under this bond by the obligee must be instituted before the expiration of 1 year from the date of which final payment under the Contract falls due. Any suit or action under this bond must take place in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part of thereof, is situated, and not elsewhere. It is understood that any limitation embodied in this bond which is prohibited by any law controlling the construction hereof shall be amended to so as to equal the minimum period of limitation permitted by law. Subject to the attached rider attached hereto and made a part hereof. Sealed with our seals and dated this 19 day of March 1999 Asbestos Removal, Inc. Principal By: Z4L -e or I (seal) Unite acific Insura e Compa 7 By: Anne M. B ennan (Attorney-in-fact) (seal) All notices of claim under this bond should be sent to: United Pacific Insurance Company 77 Water Street, New York, NY 10005 or United Pacific Insurance Company c/o Bonding and Insurance Specialist Agency, Inc. 717 South Wells St. Chicago, IL. 60607 Page 2 of 2 6 - United Pacific Insurance Company Surety Rider To be attached to and form a part of bond # NBB2047687 in the amount of $89,434.00 on behalf of Asbestos Removal, Inc. as principal, and executed by United Pacific Insurance Company as surety in favor of, City of Lubbock as obligee. This bond is executed on the following express conditions, which are precedent to any recovery hereunder. FIRST: The surety shall not be liable under this bond to the Obligee(s) unless the Obligee shall make payments to the Principal strictly in accordance with payment provisions of the contract between the Principal and the Obligee and said Obligee performs all of its other obligations required to be performed under said contract at the time(s) and in the manner therein prescribed. SECOND: This bond is not intended to be derived as any form of insurance coverage, therefore, it assumes no liability or insurance for any insurance required under the contract. Further, that no claim, suit or other action can be brought against this bond because of any insurance requirement contained in the related contract, including but not limited to the lack of insurance coverage or inadequate coverage. THIRD: That no claim, suit or other action can be brought against this bond by anyone other than the named Obligee and those expressly authorized to do so by the statutes applicable to this bond. Fourth: Any overruns, change orders, extras, etc. paid to the Principal in the course of completing this contract will be subject to an additional bond cost. Fifth: Any work performed by the Principal such as change orders, extras, etc. in which the Obligee(s) does not make payment to the Principal for any reason will be considered outside of this bonded contract. Surety shall not be responsible to the Obligee(s), subcontractors, suppliers or laborers for payment related to, or completion of any work which is outside of this bonded contract. Signed, Sealed and Dated: March 19, 1999 By: ' By: 3 - -� --)- N htZ�L�-c- ate X /Witness 3/ ate RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY Bond #NBB2047687 ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Del- aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called 'the Companies') and that the Companies by virtue of signature and seals do hereby make, constitute and appoint Michael J. Friedrich, Anne M. Brennan, William J. Ballay, John J. Kusneter., of Chicago, Illinois their true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attorney(s)-in-Fact may do in pursuance hereof, This Power of Attorney is granted under and by the authority of Article VII of the By -Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect, reading as follows: ARTICLE VII • EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Director, the President, the Chairmen of the Board, any Senior Via Preeida , any Vice Presi , or Assistant Via President or other officer designated by the Board of Director shell h4ypower end authority to 14) appoint Attomay(s)-in -Fact and to sud"Onze then to execute on behalf of the Company, bonds and vrirtakinge. recognizencea, and other writings obligatory in the nature thereof, and (b) to remove any, such Attrrry(s)-in-Fact of any, tkne and revoke the power and authority given to them. contracts of indemnity 2. Attosy(s)-in-Fact shall have power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to execute deliver on behalf of the Company, bonds and twtdentm skings, recognizancaa, contracts of indemnity ad other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizoncee, contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorney la) -in -Fact shall have power and authority to execute affidavits required to be attached to bonds, recogrrzonces, contracts of indemnity or other conditional a obligatory undertakings and they stall also have power and authority to certify the financial statement of the Company and to copes of the By -Laws of the Company o any article or section thereof. This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the Executive and Finance Committees of the Boards of Directors of Reliance Insurance Company, United Pacific Insurance Company ad Reliance National Indemnity Company by Unanimous Consent dated es of February 2e, 1994 and by the Executive and Financial Committee of the Board of Directors of Reliance Surety Company by UnanimOua Consent dated as of March J 1, 1994. 'Rssolvad that the signatures of such directors rd officers and the seal of the Company may be affixed to any such Power of Attorney r any certificates relating thereto by fataimile,ard any such Power of Attorney or certificate boring such facsimile signatures a facsimile seal stall be valid and binding upon the Company ale any such Power so executed artd certified by facsimile signatures ad facsimile seal shall be valid ad binding upon the Company, in the futw with respect to any, bond or undertaking to which it to attached.' IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this February 8, 1999. RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY �froa''i Oe. rev r� UNITED PACIFIC INSURANCE COMPANY ,mo�P *naer4S RELIANCE NATIONAL INDEMNITY COMPANY ` ` at STATE i SEAL r �q(isse ' JA7 Steer;'► `� '� ��v- � / STATE OF Pennsylvania COUNTY OF Philadelphia ss. On this, February 8, 1999, before me, Valencia Wortham, personally appeared David T. Akers, who acknowledged himself to be the Senior Vice President of the Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific Insurance Company, and Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as its duly authorized officer. In witness whereof, I hereunto set my hand and official seal. C)F Notarial Seal Valencia Wortham. Notary Public Philadelphia, Philadelphia County My CommissionExpires Nov. 18, 2000 Notary Public in and for the State of Pennsylvania Residing at Philadelphia 1, Anita Zippert, Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 19 day of I -larch 1999 4,641110, 4, µ.erg,` , .t aula SEel1,r't^ Secretary too ;r `Py�AL' < IN SNSEAL �i'�eor'A ore i 3Y • PERFORMANCE BOND STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(a) OF THE TEXAS GOVERNMENT CODE (CONTRACTS MORE THAN $100,000) KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Dollars ($ ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the _ day of ,19—' to and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Section 2253.021(a) of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this instrument this day of , 19 ' Surety By. (Title) r Principal By: (Title) By: (Title) By: (Title) The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety *By. (Title) Approved as to Form City of Lubbock By: City Attorney * Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. � I I1 2 CERTIFICATE OF INSURANCE cel 4rJ 74 7i I Zi Iwy" I I "uLNL'y I'"UE 01 ila A LAIJKL) <T; z PRODUCER THE WYATT AGENCY 1300 11TH STREET SUITE; 305-E HUNT$VILLE, TX 77340 DATE (MMf- 3/17199 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CEFITIFIC4,TE. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDf-:D—BY THE POLICIES BELOW — COMPANIES AFFORDING COVERAGE COMPANY - A CREDIT GENERAL INSURANCE COMPANY ASBESTOS REMOVAL, INC. COMPANY P.O. E30X 13508 5 CLAREDON/OLD AMERICAN COUNTY MUTUAL ODESSAJX 79768 COMPANY COMPANY D 1' !6" , �-'- T i -,A Tit il i i .1, ,,, i., ,, t l" R THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE.. POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH T'll'; CIERTIFICATE MAY 15E ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED a Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO 9--�TR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MMIDDrYY) DATE (MMIDDIYY) A B GENERAL LIABILITY (;OMMF.RCIAL GENERAL LIABILITY -- 1 CLAiws MADE F OCCUR EK OWNER'S & CONTRAC`TORS PROT ASBESTOS/LEADEACH AABl 98-1089-02 12/22/98 0,55134203635 11/15198 12/22/99 11/15/99 GENERAL AGGREGATE 1 $ 1,000.000 PRODUCTS - COMPIOP AGG S 1 000,000 PFR50NAL & ADV 114JURY 5 11000000 OCCURRENCE 5 i'pog,000 FIRE DAMAGE (Anycnefrc) $ 50,000 ABATEMENT WoMbbll-E: LIABILITY ANY AUTO MED EXP (Anyone Damon) COMBINED SINGLE LIMIT $ 5,000 ALL OWNED AUTOS SCHEDULED AUTOS HIRED AVTO5 BODILY INJURY (Per person) NON -OWNED AUTOS BODILY INJURY (Per a.wdant) $ PROPERTY DAMAGE s GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY EACH ACCIDENT s AGGREGATE 3 EXCESS LIABILITY UMBRELLA FORM w- EACH OCCURRENCE 3 AGGREGATE OYHEF YHAN UMBRELLA Fopw WORKER'S COMPENSATION AND r:MPLOYER3'L.IA5ILI-rY PARTll:FtSlEXECLrtrVE WC OTW I TORY SLINI'r$ EL EACH ACCIDENT EL DISEASE - POLICY LIMIT I OFFICE RSARE: EXCL EL DISEASE - EA EMPLOYEE $ OTHER lum N or MATTOW.Or-ATIONSFVEHICL.F-SlSPF-CIAL ITEMS CERTIFICATE HOLDER IS AN ADDITIONAL INSURED WITH A WAIVER OF SUBROGATION IN THEIR FAVOR. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED OFFORIf THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL. ENDEAVOR TO MAIL CITY OF LUBBOCK 30 DAY6 WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. P.O. BOX 2000 BUT Q MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY LUBBOCK, TX 79457 �FA4Y IlIZI _ UPON HE COMPANY. ITS AGENTS OR REPAIMENTATiVES, AUTHT?§4ZEkFREP7ESE ATIVE I wl ri _L r1" VCR Ir-I�H 1 C UI- LIA01LI I Y 11VJUKH1141., ussTo2 n91/95/gR PRODUCER Lockton Insurance Agency of Houston Three Riverway, Suite 1000 J- iston TX 77056 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY Phone No. 713-400-8600 Fax No.713-400-7639 A Reliance Insurance Co. INSURED COMPANY B COMPANY Asbestos Removal, Inc. C P.O. Box 13508 Odessa TX 79768 COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY CLAIMS MADE ❑ OCCUR PRODUCTS - COMP/OP AGG $ PERSONAL & ADV INJURY $ EACH OCCURRENCE $ OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) $ MED EXP (Any one person) $ AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY $ (Per person) HIRED AUTOS - NON -OWNED AUTOS BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY X WC STATU- OTH- TORY LIMITS ER _ EL EACH ACCIDENT $ 1,000,000 A THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE NWA179515400 09/26/98 09/26/99 EL DISEASE -POLICY LIMIT $1000,000 r EL DISEASE - EA EMPLOYEE $1,000,000 OFFICERS ARE: EXCL OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS ASBESTOS REMOVAL, INC. IS AFFORDED WORKERS COMPENSATION INSURANCE COVERAGE AS CO -EMPLOYER UNDER THE POLICY EVIDENCED AND AFFORDED TO BUSINESS STAFFING INC. FOR THOSE EMPLOYEES LEASED FROM BUSINESS STAFFING INC. BLANKET WAIVED OF SUBROGATION APPLIES WHERE REQUIRED BY WRITTEN CONTkACT. CERTIFICATE HOLDER CANCELLATION 3 CLUB01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Lubbock BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY P.O. BOX 2000 OF ANY KIND UPO TH PANY, ITS AGENTS RESENTATIVES. Lubbock TX 79457 AUTHOR AIIIIVE ACORD 25-S (1/95) ©ACORD CORPORATION 1988 State of Texas Historically Underutilized Business Certification Program The General Services Commission hereby certifies that as of February 3, 1999 ASBESTOS REMOVAL INC has successfully met the requirements as established by the State of Texas as a Minority/Woman Owned Business Certificate[VID Number: 1752079307000 E o� Expiration Date: February 3, 2001 a �.�. �•� Robert L. Hall, Program Manager ♦ General Services Commission 512-463-5872 (This certificate is VOID upon extension of certification, determination of ineligibility, transfer of ownership, business closure, etc.) Aprinted on recycled paper 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: 1 1 1 1 b 1 REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512)440- 3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." and (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e) (3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within (ten) 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for whom they are providing services. CONTRACT CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 111hday of March, 1999 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 Asbestos Removal, Inc. of the City of Odessa County of Ector and the State of Texas hereinafter termed CONTRACTOR. WITNESSETH: That for and inconsideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements ' described as follows: BID #99032 - J. R. MASSENGALE PLANT - PIPING INSULATION - $89,434.00 N 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. A EST: e c r M� PROVED AS TO CONTENT: ner's Re-PTC!rs-671kative APPROVED AS TO FORM: City Attorney ATTEST: Corporate Secretary PRA�sIi•_ ` CONTRACTOR: ASBESTOS REMOVAL, INC. By: PRINTED NAME: TITLE: COMPLETE ADDRESS: Asbestos Removal, Inc. P. O. Box 13508 Odessa, Texas 79768 GENERAL CONDITIONS OF THE AGREEMENT GENERAL CONDITIONS OF THE AGREEMENT 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 ASBESTOS REMOVAL, INC. who has agreed to perform the work embraced in this contract, or their legal representative. 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 JOEL BEESINGER, SITE REPRESENTATIVE, so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers, or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not directly supervise the Contractor or persons acting on behalf of the Contractor. 4. CONTRACT DOCUMENTS The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes referred to herein as the "contract" or "contract documents". INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address known to the party who gives the notice. K 17 10 11 12 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. 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. 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. 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. 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 L� 15 r A° 1W 16. P A .4 17 OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative has the authority to review all work included herein. The Owner's Representative has the authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15) calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection by Contractor, as provided herein, any and all objection or objections shall be deemed waived. 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. 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. 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. Im 19 20 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. CHARACTER OF WORKMEN The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion, incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 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. SANITATION a Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any such work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative has previously accepted the work through oversight or otherwise. If any such work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. If any such work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approvals, and any work which meets the requirements of any such tests or approvals but does not meet the requirements of the contract documents shall be considered defective, and shall be corrected at the Contractor's expense. a.. 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 A 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 law or ordinances or directed by the Owner or Owner's Representative, or by 5 25 them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra work, make written request to the Owner's Representative for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C)(1). If Contractor does not notify Owner's Representative prior to the commencement any extra work, any claim for payment due to alleged extra work shall be deemed waived. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of the contract documents that all work described in the bid, the specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in these plans, specifications, or contract documents, shall be given to the Owners' Representative and a clarification obtained before the bids are received, and if no such notice is received by the Owner's Representative prior to the opening of bids, then it shall be deemed that the Contractor fully understands the work to be included and has provided sufficient sums in its bid to complete the work in accordance with these plans and specifications. If Contractor does not notify Owner's Representative prior to bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the plans and specifications are sufficient and adequate for completion of the project. It is further agreed that any request for clarification must be submitted no later than five (5) calendar days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 1 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: ■r Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard P - 7 14- C 4 C X E F Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal Injury Advertising Injury Owner's Protective or Contingent Public Liability Insurance and Property Damage 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. 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 nonowned cars including: Employers Nonownership Liability Hired and Nonowned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. Builder's Risk Insurance/Installation Floater Insurance The Contractor shall obtain a Builder's Risk policy in the amount of 0.00% of the total contract price (100% of potential loss) naming the City of Lubbock as insured. Umbrella Liability Insurance The Contractor shall have Umbrella Liability Insurance in the amount of $0.00 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. 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 8 provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on the project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of 6 coverage ends during the duration of the project. 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: G (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. 10 (i) 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; SII (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (8) If policy limits are paid, new policy must be secured for new coverage to complete project. (9) A Contractor shall: w� (a) provide coverage for its employees providing services on a project, for the duration of the (g) post a notice on each project site informing all persons providing services on the project project based on proper reporting of classification codes and payroll amounts and filling of coverage and report failure to provide coverage. This notice does not satisfy other any coverage agreements; posting requirements imposed by the Texas Worker's Compensation Act or other (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 any other language common to the worker population. The text for the notices shall be of coverage showing extension of coverage, if the coverage period shown on the additional words or changes: 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; SII (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially the w� affects the provision of coverage of any person providing services on project; (g) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text provided by the commission on the sample notice, without any additional words or changes: t F -J 1 11 (h) REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 5121440-3789 to receive information of the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage;" and contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (ii) provide a certificate of coverage to the Contractor prior to that person beginning work on the project; (iii) include in all contracts to provide services on the project the following language "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reprinting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions."; (iv) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (v) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 12 1 (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. J 29. DISABLED EMPLOYEES Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of A 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 �r 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, 31 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. "4 13 32 33 34 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. 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. 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 $500 (FIVE HUNDRED DOLLARS) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every working day that the Contractor shall be in default after the time stipulated for substantially completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the substantial completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The amount is fixed and agreed upon by and between the Contractor and the Owner because the actual damages the Owner would sustain in such event would be difficult and/or impossible to estimate, however, the amount agreed upon herein is a reasonable forecast of the amount necessary to render just compensation to Owner, and is expressly agreed to be not disproportionate to actual damages as measured at time of breach. IT IS FURTHER AGREED AND UNDERSTOOD BETWEEN THE CONTRACTOR AND OWNER THAT TIME IS OF THE ESSENCE OF THIS CONTRACT. 14 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications, and within the time of completion designated in the bid; provided, also, that when the Owner is having other work done, either by contract or by its own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 1 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. 1 15 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent property. Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and employees, against any and all claims or damages due to any injury to any adjacent or adjoining property, related to, arising from or growing out of the performance of this contract. 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all materials and all labor required for the aforesaid work, also, for all expenses incurred by Contractor and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at 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. [L i 1 i 43. SUBSTANTIAL COMPLETION Contractor shall give Owner's Representative written notice of substantial completion. Within thirty-one (31) working days after the Contractor has given the Owner's Representative written notice that the work has been substantially completed, the Owner's Representative and/or the Owner shall inspect the work and within said time, if the work be found to be substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor a certificate of substantial completion. Notwithstanding the issuance of a certificate of substantial completion, Contractor shall proceed with diligence to finally complete the work within the time provided in this contract. 44. FINAL COMPLETION AND PAYMENT The Contractor shall give written notice to Owner's Representative of final completion. Upon written notice of final completion, the Owner's Representative shall proceed to make final measurement to determine whether final completion has occurred. If the Owner's Representative determines final completion has occurred, Owner's 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 Owners 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. 17 47. CLAIM OR DISPUTE It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's Representative has given any direction, order or instruction to which the Contractor desires to take exception. Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further agreed that the acceptance by the Contractor of the final payment shall be a bar to any and all claims of the Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and employees and Owner's Representative, by Contractor. 48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply with the written orders of the Owner's Representative, when such orders are consistent with this contract, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the Contractor, no further notice of such non-compliance to Contractor shall be required. AIR 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 i 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 under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. Should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work under this contract, the Contractor or his Surety shall be credited therewith. 18 r, In the event the Owner's Representative elects to complete the work, as described above, when the work shall have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within 30 days after the date of certification of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies which remain on the jobsite and belong to persons other than '1 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 1 in effect until such bonds are so furnished. 1 1 1 19 51. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. 1 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 r work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense. 53. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control its own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 54. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. 55. HAZARDOUS SUBSTANCES AND ASBESTOS Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in any form, shall not (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. 911 CURRENT WAGE DETERMINATIONS Resolution No. 6138 Item No. 23 December 16, 1998 RESOLUTION WHEREAS, the City Council of the City of Lubbock has heretofore established the general prevailing rate of per diem wages on public works projects in Lubbock as required by Section 2258.022 of the Government Code; and WHEREAS, such wage rates were established by Resolution No. 5121, enacted on March 14, 1996; and WHEREAS, said schedule of per diem wage rates requires a clarification with regard to Exhibit D; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the general prevailing rate of per diem wages for public works contracts shall be as set forth in Resolution No. 5121 enacted on March 14, 1996, except that Exhibit D to said Resolution entitled "Weekend and Holiday Rate" shall be entitled "Legal Holiday Rate" and shall read as follows: "The rate for legal holidays shall be as required by the Fair Labor Standards Act." Passed by the City Council this 16th day o AT,T ST: 1 „i - / bJ1 L( I I I LI.- N& Kliythieyamell, City Secretary APPROVED AS O CONTENT: Mary And ws, Director of Human Resources APPROVED AS TO FORM: nald G. Vandiver, First Assistant City Attorney DG V:, ccdocs/wagcrate.res December 7, 1998 Resolur-ion No. Ji_�l March 14, 1996 Item #19 t 1 1 1 WHEREAS, the City Council has heretofore established the general prevailing rate of per diem wages for each craft or type of workmen or mechanics needed to execute public works contracts for the City of Lubbock in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and WHEREAS, such wage rates were established by Resolution No. 719 enacted February 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984, and further updated by Resolution No. 2502 enacted January 8. 1987; and WHEREAS, such rates need to be updated at the present time in order to reflect the current prevailing rate of per diem wages; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK.- THAT the general prevailing rate of per diem wages for public works contracts shall be as set forth in the following named exhibits. which exhibits shall be attached hereto and mad: a part hereof for all intents and purposes: Exhibit A: Building Construction Trades Exhibit B: Paving and Highway Construction Exhibit C. Overtime Rate Exhibit D: Weekend and Holiday Rate Such wage rates are hereby found and declared to be the general prevailing rate of per diem wages in all localities where public works are undertaken on behalf of the City of Lubbock anc such wage rates shall be included in all public works contracts as provided by lay. 1 1 1 ;I .i IPassed by the City Council this 14th ATTEST: Betty M. J on, City Secretary I APPROVED AS TO CONTENT: I Ifavl� i Mary And ws, Managing Director of Human Resources APPROVED AS TO FORM: �I i I Rafold Willard, Assistant City Attorney I HW:da/ccdocs/pubworks.res February 14, 1996 2 1996.irch 1:11: II City of Lubbock Building Construction Trades Prevailing Rates Craft Hourly Rate Acoustical Ceiling Installer 10.00 Air Conditioner Installer Air Conditioner Installer -Helper 11.00 5.50 Asbestos Worker 8.00 Asbestos Supervisor 11.00 Bricklayer 11.00 Bricklayer -Helper 6.00 Carpenter 11.00 r Carpenter -Helper 6.00 Cement Finisher 7.50 Drywall Hanger 10.00 Electrician 13.00 Electrician -Helper 6.00 Equipment Operator -Heavy 8.50 Equipment Operator -Light 7.50 Floor Installer 8.50 Glazier 8.00 1• Insulator-Piping/Boiler 9.00 Insulator -Helper 5.50 Iron Worker 8.00 Laborer -General 5.50 Mortar. Mixer 5.50 Painter 9.50 Plumber 10.50 Plumber -Helper 6.00 Roofer 8.00 Roofer -Helper 5.50 Sheet Metal Worker 8.75 Sheet Metal Worker -Helper 5.50 Welder -Certified 10.00 II EXIMI T B Paving and Highway Construction Prevailing Wage Rates Craft Hourly Rate Asphalt Heaternm 6.00 Asphalt Shoveler 5.50 Concrete Finisher 7.35 Concrete Finisher -Helper 5.75 Electrician 10.50 Flagger 5.50 Form Setter 6.50 Form Setter -Helper 5.50 Laborer -General 5.50 Laborer -Utility 6.25 Mechanic 7.25 Mechanic -Helper 5.50 Power Equipment Operators Asphalt Paving Machine 7.00 Bulldozer 7.00 Concrete Paving Machine 7.00 Front End Loader 6.50 Heavy Equipment Operator 7.00 Light Equipment Operator 6.50 Motor Grader Operator 8.50 Roller 6.00 Scraper 6.50 Tractor 6.50 Truck Driver -Light 6.00 Truck Driver -Heavy 6.50 E7HMIT C Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) is 1 1/2 times base rate. EXIIEBIT D Prevailing Wage Rates Weekend and Holiday Rate The rate for weekend and holiday is 1 1/2 times base rate. SPECIFICATIONS 11 Ll to J Ll I] I I Il I SPECIFICATIONS FOR POWER PIPING INSULATION PARTI-GENERAL 1.01 SUMMARY: A. This Section describes material and installation requirements for piping and equipment insulation and jacketing. It also provides requirements for identifying piping systems. B. All unpainted piping and equipment shall be insulated as specified in this Section. C. Insulation classes are defined in the Minimum Insulation Thickness table included at the end of this Section. Insulation classes applicable to the piping systems and included valves, fittings, and in-line specials. Insulation classes applicable to equipment are indicated in this Specification. The number of layers and minimum total thickness of insulation for each class shall conform to the Minimum Insulation Thickness table. D. Piping systems shall be identified to indicate contents and directions of flow in accordance with this Specification. 1.02 REFERENCES: A. Applicable Codes and Standards: I . Midwest Insulation Contractors Association: a. Commercial & Industrial Insulation Standards. 2. American Society for Testing and Materials (ASTM): a. B209 - Aluminum and Aluminum -Alloy Sheet and Plate. b. C 195 - Mineral Fiber Thermal Insulating Cement. C. C196 -Expanded or Exfoliated Vermiculite Thermal Insulating Cement. d. C534 - Preformed Flexible Elastometric Cellular Thermal Insulation in Sheet and Tubular Form. e. C547 - Mineral Fiber Preformed Pipe Insulation. f. C553 - Mineral Fiber Blanket and Felt Insulation (Industrial Type). g. C612 - Mineral Fiber Block and Board Thermal Insulation. h. C892 - High -Temperature Fiber Blanket Thermal Insulation. 1.03 SUBMITTALS: A. The following shall be submitted as Submittals: I . A three-ring binder for each insulation class containing the following: a. An index. b. A material list which identifies all insulation and jacketing materials, coverings, coatings, finishes, and accessories proposed for use for the insulation class. The list shall include the following: (1) Name of the manufacturer of each proposed material. (2) Manufacturers complete designation for each material (trade name, product number, and other nomenclature). (3) Generic description of each material (for example: "Glass Mineral Fiber Board," "Aluminum Alloy 5005 Jacket," "Vermiculite Insulation Cement," and similar wording). C N For multiple -layer insulation classes, the proposed thickness of each layer for each pipe size and for each item of equipment. omplete manufacturer specifications for each material proposed confirming that .e material meets the requirements of this Specification for the proposed )plication. Manufacturer information shall also include the following: For insulation material: (a) Density. (b) Thermal conductivity(s) (at ASTM -listed mean temperatures, if applicable). (c) Compressive strength. (d) Dimensional stability. (e) Maximum allowable service temperature. (f) Composition. (2) For insulating cements: (a) Dry covering capacity. (b) Maximum allowable service temperature. (c) Shrinkage upon drying. (d) Compressive strength. (e) Dry adhesion to steel. (f) Linear shrinkage after heat soaking for 24 hours at maximum operating temperature. (g) Thermal conductivity(ies) (at ASTM -listed mean temperatures, if applicable). (3) For jacketing materials: (a) Surface pattern (smooth, corrugated, or other description). (b) Moisture -barrier material and method of application. (c) Color. (4) For adhesives, mastics, coatings, and related items: (a) Composition. (b) Maximum allowable service temperature. (c) Physical characteristics. (5) General descriptions of other materials and other information that may be requested by Engineer. (6) Manufacturer's recommendations for installation or application of the materials. (7) Certificates of asbestos -free materials. A set of application details depicting the following configurations proposed for the class. (1) Details for removable jacketing and insulation for flanges, valves, strainers, in-line specials, and equipment indicating removable sections. (2) Details for safety valves. (3) Details for wall and floor penetrations. (4) Details of special configurations. (5) Plans, sections, and details, as necessary, to fully describe configurations for each piece of equipment indicated in this specification to be insulated. (6) Details of typical welded insulation clips, if welded clips are desired. Application details shall show insulation materials, insulation cement, weather barriers, vapor barriers, jacketing, coatings, securements, reinforcements, 2 1 stiffening mechanisms, supports, sealing and caulking, expansion joints, and all other materials to be installed or applied. Details shall be indoor and outdoor only. E. 1. Certificates of completion of factory tests. 2. Details of piping identification system. ' 1.04 _QUALITY ASSURANCE: A. Factory Tests: I . Conduct all standard factory tests and all tests required by the applicable codes and standards. 2. Submit written certifications, as Submittals, that the above factory tests have been satisfactorily and successfully completed. 1.05 DELIVERY. STORAGE AND HANDLING: A. Contractor shall receive, inspect, unload, haul, and store all materials for insulation, jacketing, and pipe identification. B. All materials for insulation, jacketing, and pipe identification shall be stored indoors. Manufacturers' recommendations for storage shall be followed including, but not limited to: a I . Maximum and minimum ambient temperatures. 2. Stacking. 3. Packaging. 4. Moisture control. C. Protect all materials from damage due to exposure to high or low temperatures, moisture, crimping, buckling, spotting, streaking and other physical or chemical damage. PART 2 -PRODUCTS rr. 2.01 INSULATION: A. All materials, including block, board, blanket, and preformed pipe insulation, facings, ,aa cements, mastics, sealants, weather and vapor barrier materials, coatings, and related items, shall be asbestos -free. Contractor shall provide written certifications from the material manufacturers to this effect. B. Insulation materials for thermal efficiency (Insulation Classes A, B, C, D, E, F, G, H, J, and K) and personnel bum protection shall be chosen from the acceptable materials listed below or other materials suitable for specific applications and acceptable to Owner. I . Preformed Pipe Insulation: a. Mineral fiber -wool insulation conforming to ASTM C547, Class 3 (to 1200'F). b. Mineral fiberglass insulation conforming to ASTM C547, Class 2 (to 599'F). C. Diabase wool fiber insulation bonded with a thermosetting resin, impregnated with a water repelling addition and conforming to ASTM C547, Class 3 (to - 1200'F), in physical properties and dimensions (to rated temperature). 2. Block Insulation: a. Mineral fiber -wool insulation conforming to ASTM C547, Class 3 (to 12000F). b. Mineral fiberglass insulation conforming to ASTM C547, Class 2 (to 599'F). C. Mineral fiber insulation conforming to ASTM C612; Class 2 (399'F), Class 3 (799'F), Class 4 (to 999'F) or Class 5 (1200'F). d. Diatomaceous earth insulation conforming to ASTM C5]7, Type I or Type 11. t 3. Board, Sheet or Slab Insulation: a. Mineral fiber insulation conforming to ASTM 612; Class 2 (to 399'F), Class 3 (to 799'F), Class 4 (to 999'F or Class 5 (to 1200'F). b. Products manufactured by Certain Teed Corporation: (1) "Snap*Wrap Insulation" (to 399'F). (2) "850' Fiber Glass Board Insulation" (to 799'F). c. Produced manufactured by Manville Products Corporation: (1) "Pipe and Tank Insulation" unfazed (to 399'F). d. Products manufactured by Owens -Coming Fiberglas Corporation: (1) "P3 Pipe Wrap Insulation" (to 599'F). e. Products manufactured by Rockwood Lapinus B.V.: (1) "Product 221, 23 1, or 233, Lapinus Slab." 4. Blanket Insulation: a. Alumina silica fiber insulation conforming to ASTM C892; Grade 5, Grade 8, or Grade 12. b. Mineral fiber insulation conforming to ASTM C553, Type 11 or Type III, unfaced (to 399°F). c. Manville Products Corporation "Thermo -Mat." d. Pittsburgh Coming Corporation "Temp -Mat." e. Rockwell Lapinus B.V. "Type 159 or 160 Wired Mat." 5. Insulating Cement: a. Mineral fiber cement conforming to ASTM C] 95. b. Expanded or exfoliated vermiculite cement conforming to ASTM C 196. 2.02 JACKETING: A. Jacketing shall be aluminum alloy 3003, 3105, or 5005 conforming to ASTM B209 with a smooth finish and a factory -applied moisture barrier consisting of one layer of 40- to 60 - pound virgin kraft paper coated on one side with a 0.001 -inch minimum thickness polyethylene film. B. Minimum jacketing thickness shall be: I . Indoors: a. Pipe, fitting, and valve insulation 12 inches or less in outside diameter: 0.0 16 - inch. b. Pipe, fitting and valve insulation greater than 12 inches in diameter: 0.016 -inch. c. Equipment: 0.024 -inch. d. All removable and reusable insulation panels and sections: 0.032 -inch except where other materials are specified. 2.03 SECUREMENTS AND SUPPORTS: A. Securement wire shall be the annealed galvanized type. B. Securement bands shall be stainless steel. C. Pipe insulation supports for vertical pipe runs may be either the welded or clamped type. Materials shall be as follows: 1. Insulation Class A,B,C, or D 0 chrom-moly steel 2. All other, carbon steel 3. See Exhibit 3 for details. 4 2.04 PIPING SYSTEM MARKERS: 1. Location OF Legends and Arrows: a. Place on piping near connections to equipment, adjacent to valves or fittings on both sides of walls penetrated, and at intervals not to exceed 15 meters (50 feet). b. Place arrows adjacent to or below legends depending upon visibility. Place arrows in direction of flow. For dual flow piping, indicate both directions. c. Locate legends to be visible from normal line of vision above floor level. Legend locations subject to approval of Owner. 2. Letter Size: a. Block style letters, all capitals, conforming ANSE A13.1 and as follows: Outside Diameter of Size of Letters Piping or Covering and Arrows Less than 19mm (3/4") Approved metal tag or hand 19mm to 32mm (3/4" to 1 '/4") 13mm (1/2") 38mm to 50mm (1 '/2" to 2") 19mm (3/4") 64mm to 150mm (2 ''/z" to 6") 32mm ( 1 '/4") 200mm to 250mm (8" to 10") 64mm (2 %") Over 250mm (10") 89mm (3 ''/2") See Exhibit 3 for details PART 3 - EXECUTION 3.01 GENERAL: A. The configurations of installed insulation and jacketing materials shall comply with the applicable recommendations of the MICA Commercial and Industrial Insulation Standards (hereinafter referred to as "MICA Standards") and this Specification. In case of conflict, this Specification shall have precedence. B. All materials shall be installed in accordance with the manufacturer recommendations, including recommended surface temperatures at installation. Should a conflict arise between a manufacturers recommendations and this Specification, notify Owner. C. Insulation shall be installed in the thickness and configurations specified. Some unavoidable interferences may be encountered, however, which preclude installation of the required thickness. In these cases, notify Owner and obtain written approval for alternative configurations before proceeding. Notching of insulation is not permitted without Owner's approval. D. Do not apply insulation or jacketing over equipment or ASME nameplates. E. Provide fire-resistant drop cloths and enforce their use during surface cleaning and installation of insulation to keep materials off gratings, floors, structures, equipment, and other items not specified to be insulated. Contractor shall protect all insulation materials during and after installation to prevent damage from weather, breakage, and similar causes until jacketing has been installed and accepted. F. Contractor shall protect all insulation materials during and after installation to prevent damage due to weather, breakage, etc. until jacketing has been installed and accepted. G. Protect moving parts of valves and other equipment to prevent dust and insulation materials from clogging the parts. Plug openings of equipment, as necessary, to prevent foreign materials from entering during surface cleaning and installation of insulation. H. Contractor shall not perform any welding on piping or equipment without the documented approval Owner. I. All surfaces to be insulated shall be clean and dry prior to installing insulation on them. Unless specified otherwise, clean by wiping and brushing, as necessary, to remove loose foreign matter, grease, and other substances. Solvents may be used upon notification of Owner and enforcement of appropriate precautions. 3.02 INSULATION AND JACKETING OF PIPE: A. Classes A, B, C, D, E, F, G, H, and I: IP 1. All portions of piping designated Insulation Class A, B, C, D, E, F, G, H, 1, J, or K shall be insulated. 2. All portions of piping which are within a minimum of 7 feet above a floor, platform or W stairway, or are within a minimum lateral distance of 3-1/2 feet from any stairway, ladder, platform, walkway or operating aisle, shall be insulated according to the personnel bum protection thickness specified in the Insulation Thickness Table. If the W personnel bum protection thickness is greater then the thermal efficiency thickness listed. 3. All portions of piping designated Insulation Class AP, BP, CP, DP, EP, FP, GP, HP, IP, JP, or KP which are within a minimum of 7 feet above a floor, platform or stairway, or are within a minimum lateral distance of 3-1/2 feet from any stairway, ladder, platform, walkway or operating aisle, shall be insulated according to the personnel bum protection thickness specified in the Insulation Thickness Table. 4. Insulate vent and drain lines and instrument tap lines to the outlet side of the root valve. Lines with double root valves shall be insulated to the outlet side of the second root valve. 5. Unless precluded by the pipe size, straight runs of pipe shall be insulated with preformed pipe insulation. Contractor shall submit, and obtain Owner's approval for, configurations requiring block insulation for this application prior to installing block insulation 6. Install specified insulation supports on all vertical runs of piping as follows (refer to Exhibit 2): a. Welded supports shall be attached in compliance with codes and standards applicable to the piping. b. Clamped supports shall be attached securely to the piping without deforming the piping material. C. Supports shall be installed on all vertical runs exceeding 10 feet in straight length. d. Supports shall be located as follows: (1) One no more than 3 feet from the bottom of a straight run of pipe. (2) Above each valve or fitting with IO or more feet of straight pipe running vertically upward from it. (3) At intervals not exceeding 10 feet. 7. Install preformed pipe insulation sections as follows (refer to MICA Standards): a. All joints except expansion joints (see below) shall be tightly butted. w` b. Stagger all joints in double -layered insulation as follows: I (1) Longitudinal joints in half sections: approximately 90' around pipe circumference. 0 6 (2) Longitudinal joints in quad sections, approximately 45' around pipe circumference. (3) Circumferential joints: Mandatory 12-18 inches along pipe axis, where possible; 6 inches minimum. C. Provide expansion joints in each layer of insulation for Insulation Classes A, B, C, D, and E in accordance with Exhibits I and 2 and as follows (NOTE: "horizontal straight runs of pipe" below refers to continuous runs of preformed pipe insulation along horizontal straight piping between discontinuities on the pipe insulation, such as special fitting and valve insulation fabrication, pipe hanger rod and clamp penetrations, pipe flanges, and similar items.) (1) In horizontal straight runs of pipe which are 6-12 feet in length, install an expansion joint in approximately the middle of the run. (2) In horizontal straight runs of pipe which exceed 12 feet in length, install expansion joints as follows: (a) One within 4 feet of each end of the straight run. (b) Approximately evenly spaced along the run of piping with intervals not exceeding 10 feet in length. (3) Install an expansion joint at each insulation support in vertical piping (see Exhibit 2). (4) Use naturally occurring circumferential buttjoints between sections of preformed pipe insulation, where possible, to form expansion joints. (5) Tightly compress the collars of blanket insulation between the preformed pipe sections. Blanket insulation should remain compressed after preformed sections are secured. (6) Secure collars at buttjoints with a staple. Do not staple into preformed pipe insulation sections. 8. Secure preformed pipe insulation sections with wire and bands as follows: a. Use specified wire and bands of the following minimum sizes: Insulation Inner or Wire Wire Band Band Outside Outer or Gauge Width Thickness Diameter (in) Insulation Bands (in) (in) 12 or less Inner Either 16 3/8 0.015 Outer Bands -- 3/8 0.015 Less than 17 Inner Either 14 3/8 0.020 to 12 Outer Bands -- 3/8 0.020 Greater than 17 Either Bands -- 1/2 0.020 b. Draw bands and wires tight to securely butt longitudinal joints and to imbed them in the insulation. Take care to minimize cutting of insulation. C. Secure bands with clamps. Twist wire. Maintain tightness of bands and wires while securing them. d. Cut off excess ends of wires and bands and imbed the clamps and wire twists in the insulation, taking care to minimize cutting of insulation. Be sure insulation is tightly secured. 9. Point all joints, cracks and depressions, except expansion joints, with insulating cement, as necessary, to provide a smooth finished surface. Allow cement to dry thoroughly. Repeat process, as needed, to repair any shrink cracks, depressions, and other surface breaks. 7 10. Install insulation on pipe bends, valves, fittings, flanges and in-line specials as follows (see �k Exhibit 4, 7, and 8): a. For piping 2-1/2 inches in nominal size and larger, use preformed pipe, performed fitting, and block insulation materials to form the following types of insulating covers, as ft applicable (refer to MICA Standards): Nk (1) Preformed valve and fitting insulation shall be installed, where applicable, with joints tightly butted. (2) Field or factory -fabricated valve/tee insulation, constructed of specified preformed pipe or fitting insulation and/or block insulation, may be used. Adhesives used in their fabrication, however, shall be rated for service in 1200'F or higher temperatures. (3) Built-up and beveled in-line flange insulation may be used. Any adhesives used shall be rated for service in 1200'F or higher temperature."' b. Preformed fitting and pipe insulation and block insulation shall be applied in sufficient layer thickness so that the final total thickness is at least as thick as required by the applicable insulation class. c. c. Fill unavoidable large voids with specified blanket insulation. ft d. Secure insulation as specified, except that the required wire band spacing may not be possible on some configurations. In these cases, wrap wire and/or, apply a or 1200'F rated adhesive or otherwise tightly secure the insulation in a manner sk acceptable to Engineer. Contractor shall advise Owner and Engineer of locations where the required wire/band spacing cannot be accomplished. e. Point all joints, cracks, and depressions with insulating cement to provide a smooth finished surface and to smoothly blend insulation into adjacent pipe insulation, where applicable. W For piping 2 inches in nominal size and smaller, preformed pipe and fitting insulation and block insulation may be installed as specified in Paragraph 3.02.A.6. In lieu of this, insulating cement may be used as follows: (1) Surfaces shall be cleaned of loose dirt and scale, grease, and other W substances. (2) Apply the cement in layers not exceeding 1/2 -inch in thickness. W (3) Allow each layer to dry completely before applying successive layers. (4) The final total thickness of all layers shall meet the required minimum' thickness requirement of the applicable insulation class. (5) The finished surface shall be smooth and shall blend into adjacent pipe insulation on connecting piping. �k g. Install removable and reusable insulation on orifice flanges, conical strainers, valve bonnets, and other locations where access to piping, valves, or in-line OF specials may be required for maintenance, tightening of flanges, and similar Nk activities (see Exhibits 4, 7, 8, and 10). (1) Except as noted below, removable and reusable insulation shall be insulated metal equipment covers as follows: (a) Panels and sections shall be constructed of block insulation fastened to, and reinforced with, metal jacketing sections. Aluminum plate, flat bar, angle, or similar items may also be used for reinforcement. (b) The total insulation thickness shall meet the minimum insulation thickness specified for the applicable insulation class. (c) The equipment covers shall be constructed to facilitate removal and reinstallation of the entire assembly with ease and without damage to either the insulation or jacketing. (d) Cut-outs for pipe, pump shafts, and similar items penetrating the equipment covers shall be cut so that no gap exists between the cover and the penetrating piece larger than: Penetrating Maximum Allowable Item Gapin ) Pipe Jacketing 1/8 Pump Shaft Other 1/4 Contact Owner (2) Flexible insulation blankets may be used on large installations. They shall be constructed as follows: N. (a) Insulation blankets shall be fabricated from the specified blanket insulation material fastened to suitable fabric or mesh covering. Coverings for inner layers of insulation shall be suitable for service at 1200'F. Coverings for outer layers of insulation shall be suitable for service at 300'F and shall be durable silicone cloth. Metal mesh shall be 304 stainless steel. (b) The total insulation thickness shall meet the minimum insulation thickness specified for the applicable insulation class. (c) The blankets shall be constructed to facilitate removal and reinstallation with ease and without damage to the insulation, coverings or securements. Jacketing: 1. Install specified jacketing on all piping insulation except removable and reusable insulation blankets 2. Install jacketing over the insulation to provide a tight protective cover as follows: a. Longitudinal jacketing joints shall be installed with an overlapping crimped edge (see Exhibit 5). The overlap shall be a minimum of 2 inches for indoor application and a minimum of 3 inches for outdoor application. The crimped edge shall be installed on the underside of horizontal piping with the overlapping edge about 30' from the bottom horizontal tangent of the jacketing and facing down. The overlap area on vertical runs of piping shall be located on the side of the pipe least visible to normal walkways and aisles. b. Circumferential jacketing joints shall have 4 inches of overlap. c. The area of circumferential overlap between two adjacent jacketing sections shall be located at least 4 inches from any butt or expansion joint in the outside layer of insulation covered. Factory or field fabricated aluminum insulation covers may be used on all pipe bends, fittings, flanges, valves, and related items. Factory - fabricated (one-piece, two-piece or sectional) covers are mandatory where proper fit -up is possible. All joints between sections or with adjoining pipe insulation shall be overlapped a minimum of 2 inches for indoor application and a minimum of 3 inches for outdoor application unless precluded by standard fabrications. Advise Owner where the required overlap cannot be achieved. d. Jacketing shall be installed on vertical piping so that upper sections overlap lower sections. Install stainless steel "S" clips on all horizontal laps. Locate clips at approximate 90' intervals around piping where installed jacketing is 24 inches or 9 less in diameter. Locate clips at approximate 45' intervals for larger diameters of installed jacketing (see Exhibit 2). Secure jacketing with 0.020 -inch -thick stainless steel bands on maximum centers of 12 inches as follows: a. Install a band on each side of a circumferential joint within 3 inches of the overlap area. Do not install bands in overlap area. , b. Use 1/2 -inch -wide bands for installed jacket diameters up to and including 30 inches. c. Use 3/4 -inch -wide bands for installed jacket diameters exceeding 30 inches. , 4. Install aluminum flashing and rain hoods on pipe hanger rods, which support outdoor insulated piping. Refer to Exhibit No. 6 for details. 5. Apply the specified sealant at the following locations: a. To seal flashing. b. To seal jacketing in transition areas where jacketing diameters change (e.g., where built-up flange insulation covers join adjacent pipe jacketing), outdoors. 6. Repair cracks, voids, and other irregularities to restore uncovered existing insulation to a condition equal to or better than that specified for the installed new insulation. Use materials specified for the new connecting insulation. 7. Install new insulation, as specified, completing connection to the existing insulation. ok. The outer insulation surface in the transition area shall blend smoothly with the undisturbed existing, and the new insulation. W. 8. Install new and remove existing jacketing per this specification. Damaged existing jacketing that is removed shall be replaced with new specified materials. 3.03 INSULATION OF EQUIPMENT: A. All equipment furnished by this Contract, installed by this Contract, shall be insulated in accordance to the Minimum Insulation Thickness Table and this Section. B. Insulation Classes A, B, C, D, E, F, G, H, 1, J, and K: I . Except as indicated otherwise, all equipment designated by these classes shall be insulated using the specified preformed pipe, block, and board insulation. 2. All portions of equipment which are within a minimum of 7 feet above a floor, platform or stairway, or are within a minimum lateral distance of 3-1/2 feet from any stairway, ladder, platform, walkway or operating aisle, shall be insulated according to the personnel bum protection thickness specified in the Insulation Thickness Table. if the personnel bum protection thickness is greater than the thermal efficiency thickness listed. 3. All portions of equipment designated Insulation Class AP, BP, CP, DP, EP, FP, GP, HP, IP, JP, or KP which are within a minimum of 7 feet above a floor, platform or stairway, or are within a minimum lateral distance of 3-1/2 feet from any stairway, ladder, platform, walkway or operating aisle, shall be insulated according to the personnel burn protection thickness specified in the Insulation Thickness Table. 4. Install sections of insulation with joints tightly butted. For double layered insulation, joints in the outer layer shall be staggered at least 6 inches, where possible, from joints in the inner layer. Stagger other joints as much as possible. 5. Taper insulation at flanges, manways, and covers to permit removal/reinstallation of bolts without damaging the insulation. 6. Fill unavoidable large voids with specified blanket insulation. Ek 7. For Insulation Classes A, B, C, D, E, and F, provide a suitable expansion space between insulation and the equipment to allow the equipment to "grow" when heated or provide 10 suitable expansion joints in the insulation as approved by Engineer. Expansion joints shall be spaced as follows: a. For cylindrical shells, longitudinal joints at maximum intervals of 15 feet of arc, circumferential joints at maximum intervals of IO feet along the cylinder axis. b. For tank and vessel heads, provide one circumferential joint at the greatest diameter of the head. 8. Point al I joints, cracks and depressions (except expansion joints) with insulating cement and ensure that the fill material in all expansion joints is tightly packed to provide a smooth finished insulation surface. 9. Secure insulation material as follows: a. Use existing insulation clips, where provided, ensuring they are securely attached. Existing insulation clips shall not be removed without written approval from Engineer. b. For cylindrical shells, use 3/4 -inch -wide x 0.020 -inch -thick bands on maximum 12 -inch centers or welded -on insulation clips with 14 -gage wire on maximum 12 -inch centers. C. For tank and vessel heads, use 3/4 -inch -wide x 0.020 -inch -thick bands connected to a floating stainless steel ring and to one of the circumferential bands on the cylindrical part of the tank or vessel. Or, use welded -on insulation clips with 14 - gage wire on maximum 12 -inch centers. d. For flat areas, use melded -on insulation clips with 14 -gage wire on maximum 12 -inch centers. e. Where the overall installed length of a band for Insulation Class A, B, C, D, or E application will exceed 50 feet, one stainless steel expansion spring shall be installed in the band for each 50 feet of length. Springs shall be evenly spaced along the band. Use Childers Products Company 4 -inch "Chil-Springs" or Owner - approved equal. 10. Provide removable and reusable ceramic material cover with silicone cloth sections at flanges, manways, and covers. Insulated metal equipment covers, as specified in ARTICLE 3.02 shall be used in this application, unless approved or directed otherwise by Owner. 11. Provide removable and reusable insulation assemblies on all equipment, which will require tightening, cleaning, or periodic maintenance or as directed by Owner. Assemblies shall be (or flexible insulation blanket assemblies) as specified in ARTICLE 3.02. Contractor shall obtain Owner's approval for the type of assembly proposed for an application before installing the assembly. 12. Turbine insulation will be two layers of 2" ceramic fiber 8 pound covered with 304 stainless steel mesh. Adequate clips for easy installation and removal for disassembly and reasembly. Blankets should have stainless steel tags with letters or number identifying each blanket. Print showing location and assembly will be provided with each turbine. Complete coverage of the high pressure shell is anticipated. 3.04 IDENTIFICATION OF PIPING SYSTEMS: A. Mark all unburied piping, as specified, below indicating: I - Contents of piping. 2. Directions of flow. B. Install markers as follows: I - Markers shall be installed only in the presence of Owner's representative, who will direct the location and position of the markers. 11 C. 2. Markers shall be installed as specified below. Notify Owner of situations that preclude following these requirements and obtain Engineer's approval before proceeding with alternate installations. a. Legends and flow arrows are to be placed on the sides of piping most readily visible during normal operations. They should not be placed at the "bottom -dead -center" location on overhead horizontal runs of piping unless absolutely necessary. Normally, they should be placed in one of the two lower quarters of overhead horizontal piping, centered in the quarter as nearly as practical. b. Flow arrows are to point away from legends. c. Where possible, place markers in areas on outside piping that are most protected. They should, however, be clearly visible to a casual observer standing upright. d. Legend and flow arrows are to be applied: (1) At every valve. (Where valves are clustered in a single line, one legend and one flow arrow may surface.) (2) At every wall penetration on both sides of the wall. (3) Where piping runs from floor to floor on both sides of each floor penetrated. (4) Where buried piping enters or exits the floor. (5) At every tee or pipe branch, on all three runs. Where flows represented by the same legend symbol mix, only one legend marker may be needed. But, three flow arrows will always be needed at these locations. (6) At intervals not exceeding 50 feet of pipe run on all piping. Markers installed per (1) through (5) above may suffice on some piping runs, precluding the need for mid pipe marking. e. Bare piping and insulation jacketing shall be cleaned and dried before markers are applied. Clean surfaces, as necessary, to remove dirt, grease, dust, scale, and other substances, which could prevent markers from adhering tightly to the surfaces. Wipe and air dry surfaces, as necessary. 3. Apply markers in strict compliance with manufacturer recommendations. Markers shall be square to piping and smooth in final appearance. Provide five W. H. Brady Co. Catalog No. 44197 "Sign -Shop -in -a -Box" kits and 100 feet of No. 16 brass jack chain, W. H. Brady Co. Catalog No. 23308, or similar products approved by Engineer. Deliver the sign kits and chain to Owner. 12 L� im 1* 4w f] NOTE: INSULATION CLASSES AND THICKNESSES SHOWN IN BOXES ' APPLY TO PERSONNEL BURN PROTECTION INSULATION AS SPECIFIED. MINIMUM INSULATION THICKNESS - INCHES INSULATION CLASS THERMAL EFFICIENCY I PERSONNEL BURN PROTECTION (SEE NOTE) A B C D E F G H J K ®®®®®®®®®= TEMPERATURE 1099 999 899 799 699 599 499 399 299 199 RANGE OF 1000 1 900 11 800 1 700 1 600 500 1 400 300 1 200 1 100 INSULATION MATERIAL C547-3 MINERAL FIBER WOOL CLASS 3 C547-2 MINERAL FIBERGLASS CLASS 2 NOM. PIPE SIZ 2" AND SMALLER 3 6.5 3 1 5.5 3 4.5 3 3.5 2.5 03 2 2.5 1.5 2 1.5 1 1 2.5" 3 3 ©4.5 3 3 3.5 2.5 13 2 3 1.5 2 1.5 1.5 1 �i 1 L1 311 4 7.5 3 6.5 3 51 3 ® 2.5 3.5 2.5 =3 1.5 =.= 1.5 1 =1 1 41' 4 7.5 3 3 5.5 3 4.5 3 3.5 2.5 31.5 2 1.5 1.5 1 5" 4 ® 4 7 3 © 3 0 3 ® 2.5 3 1 2.5 == 1.5 1.5 = 1 = 6" 4 8.5 4 7.5 4 ©= 3 3 ® 3 3.5 2.5 2.5 2 1.5 1.5 0 1 8" 4 4 ® 4 6.5 4 5.5 3 ® 3 3.5 2.5 2.5 2 1.5 1.5 11 1.5 11 10" 4 9.5 4 8 4 4 5.5 3 4.5 3 4 2.5 33 2 1.5 1.5 01 1.5 [- 12" 4 10 4 8.5 4 =7 4 © 3 4.5 3 ® 2.5 = 2 = 1.5 = 1.5 =1 14" 4 10:] 4 Lj. 5j 4 0©=®=00= 4 4 3 2.5 2 1.5 1.5 16" 4 10 4 9 4 F-75-]© 4 4 15 4 4.5 2.5 3 2 2 1.5 0 1.5 0 18" 4 -16-1 4 1 4 7.5 1 4 ©= 4 4 4.5 2.5 = 2 = 1.5 = 1.5 =1 20" 4 10 4 9 4 7.5 4 LL5 J 4 1 5 1 4 1 4.5 1 3 = I 2.5 = 1.5 = 1.5 = 24" 4 10 4 9.5 4 ® 4 =I= 4 4 [jEJ 3 3.5 2.5 2 2 = 1.5 =i 30" 4 10 4 10 1. 4 ®6.5 4 4 =1=1= 4 3 2.5 2 2 = 1.5 0 EQUIPMENT 4 10 4 4 8.5 4 LIJ 4 5.5 4 L -5J 3 2.5 2 1.5 10 3.5 NOTE: INSULATION CLASSES AND THICKNESSES SHOWN IN BOXES ' APPLY TO PERSONNEL BURN PROTECTION INSULATION AS SPECIFIED. SECURE ALUMINUM JACKET WITH 1/2" x 0.020" STAINLESS STEEL BANDS AT BUTT JOINT OVERLAPS AND BETWEEN JOINTS ON 1'-0" CENTERS PER SPECIFICATIONS. T PROVIDE 1" CLEARANCE FROM 4" B,MID TO NEXT JACKET SECTION LAP r STAGGERED JOINTS t PIPE TO 1'- LOCATE EXPANSION ------------------------------BETWEEN-------------------------------------------JOINTS ON APPROXIMATE OPENINGS IN - 10'-0" CENTERS TWO LAYERS HIGH TEMPERATURE FIBERGLAS ALUMINUM JACKET INSULATION PACKED TIGHTLY 2" �`O4" LAP W/VAPOR BARRIER BETWEEN EDGE OF METAL LAGGING & OPENING IN LAYER NOTE: FOR LINES OUTDOORS, APPLY A LAYER OF ASPHALT PAPER, MASTIC OR VINYL TAPE OVER EXHIBIT I INSULATION BEFORE APPLYING JACKETING. DOUBLE LAYER PIPE SECTIONS HELD BY BANDS ON EACH LAY r"" r-1 !Ir --i r ---i OF-.-"". " fes... ,- -j m .-._-i r-- -m w - --t r -1 - _ r i i T Y i i i i Q �OI i VARIES WITH INSULATION THICKNESS. �/2" LESS THAN OVERALL OF INSULATION. /2'V STAINLESS STEEL ROD (TYP) I'Y/8" PLATE FORMED TO PIPE O.D. 3/4" TOS. OF HOLE f/4"0 STAINLESS STEEL BOLT W/NUT 5/6 "xl/2" SLOT (ONE SIDE) i 5/6 HOLE (ONE SIDE) ------------ 'T --------------- _ i I VARIES WITH INSULATION THICKNESS. %" LESS THAN OVERALL OF INSULATION. (1'/2" MIN.) EXHIBIT II LOCATE EXPANSION JOINTS AND SUPPORT RINGS ON PIPE APPROXIMATE 10'-0" CTRS. ALUMINUM JACKET W/VAPOR BARRIER 2" TO 4" LAP BETWEEN EDGE OF METAL LAGGING AND OPENING IN LAYER 1" 1'-0" TO 1'-6" BETWEEN OPENING IN TWO LAYERS STAGGERED JC DOUBLE LAYER PIPE F( SECTIONS HELD BY Wil BANDS ON EACH LAYER SECURE ALUMINUM JACKET W/1/2"x 0.020" OVERLAPS AND BETWEEN JOINTS ON 1'-0" CENTERS PER SPECIFICATIONS. PROVIDE 1" CLEARANCE FROM BAND TO NEXT JACKET SECTION 5" L AP STAINLESS STEEL "S" CLIP HIGH TEMPERATURE FIBERGLASS INSULATION PACKED TIGHTLY SUPPORT RINGS ON 10'-0" CENTERS (SEE EXHIBIT NO. 3) EXHIBIT III ' ' l 1• � tZZ'000 K VV I t ,! lSt' ZEA''Li 1�1 f GG../ l�.•%'r i �:XJ �� OCA r s Li y .{ i in A a s , � 1 97Slis R 0 LU 08 NIS vi Lj ,NTS? 411 rfir•+'��' <y ..� }lrf' tr lh�� 4p 24,22 . Se• J 41. .i 9j.3°F 6 �arA 1�c},05°F C%S,G4 233.1 F SlA �1`'F NSIA k z8h 74 �� �F 1JG�S h z OF ,� Z04.58 fr �. � j h ox 1 s � iJ►C''. Jti 0C3C) y� 3Y 5!7 f west!!qTllse CITY OF LUBBOCK, TEXAS 11,500 kw AIEE-ASME Preferred Standard Turbine Generator Unit Steam Conditions.600#g - 8250FTT - 2.0" Hg Absolute The maximum guaranteed kilowatt capacity at the ter- minals of the generator when operating continuous and at a load power factor of .935 is 12,650 kw. The maximum guaranteed capacity of the turbine when operating at the above steam conditions and extracting steam for the 4 stage feed heat arrangement as outlined in the specifica- tions is 12,880 kw. The maximum guaranteed capacity of the turbine when operating at the above steam conditions with the top heater out of service is 13t395 kw. These are all continuous ratings. Tentative heat balance tabulation at the above steam conditions and in accordance with the arrangement as out- lined in the specifications. Load kw 5,750 8,625 11,500 12,650 Throttle Flow lb/hr 58,170 83,7.9 110,5+1 121,433 Feedwater Flow lb/hr 58,470 8+,049 110,8+1 12.1,733 Heat Rate Btu/kw.hr 11,781 11,039 10,710 10,623 Heater No. 4 r� 55.-0 �-- Extr.Press.At Turb. Enthalpy Extr.S team Psia Btu lb 73.7 1270.5 105.6 12283.5 139.2 1298.06 152.2 130282 Steam Extracted lb hr 3, 404 5.,359 7 144.7 Heater Shell Presse Psia OF 70.0 302.9 100.1 327_.9 132.3 348.6 355.6 Drain Temp. from Htr. Drain Enthalpy from Htr. Btu/lb 272.6 298.5 320.6 3255 Feed Temp . from Htr. Feed Enthalpy from Htr. OF Btu/lb 292.9 262.3 317.9 288.1 338 309.7 3. 317.0 Heater No. 3�� Extr.Press.At Turb. Enthalpy Extr. Steam psia Btu lb 29.2 1206.0 41.7. 1215-.0 54.9 1227.0 6o.1 1230.5 Steam Extracted lb hr 2.,1.06 3,2'6 x+,594 5r3.-6 Heater Shell Press. Psia OF _7.75` 245-.9 39.6 266.-7 52.2 283.7 57.1 289.3 Drain Temp from Htr. Drain Enthalpy from Htr. , Btu/lb 214.3 235.7 252.8 258.3 Temp.from Feed Htr. Htr. OF Btu/lb 235.9 204.2 256.7 225.3 273.7 242.6 79 248.3 Feed Enthalpy from Heater No. 2 2 75- eF Extr. Press.at Turb Psia Btu/lb 12.69 1152.5 18.10 1161.0 23.75 1169.5 25.95 1172. Enthalpy Extr-Steam. Steam Extracted lb/hr 2,15+ 3,3652583 5,315 24.65 Heater Shell Press Psia 12.05 17.20 55 M MM M M M MM ® M M M MM M M M MM vvestlnQnouse Drain Temp.from Htr. OF 202.1 220.0 234.4 239.3 207.6 Drain Enthalpy from Htr. Btu/lb OF 170.1 188.1 202.7 229.4 234.3 Feed Temp.from Htr. Feed Enthalpy from Htr. Btu/lb 197.1 165.1 215.0 183.1 197.6 202.6 Load kw 5,750 8,625 11:500 12,650 Drain Cooler No. 2 72.8 71.9 71.7 Purchaser in specification and purchase of accessory Drain Temp.from D.C. OF 138.5 151.6 163.4 165.2 Drain Enthalpy from D.C. Btu/lb OF 106.4 156.8 119.5 171.4 131.3 184.2 133.1 186.8 Feed Temp.from D.C. Feed Enthalpy from D.C. Btu/lb 124.7 139.3 152.1 154.7 Heater No. 1 - c Extr.Press.atTurb. Psia 4.27 5,084 7.64 8.31 Enthalpy Extr.Steam Btu/lb lb/hr 1091.5 2,x83 109445 3,959 1101.5 279 5.5 170026 Steam Extracted Heater Shell Press . Psia OF 4.05 5.54 166.6 7.25 178.4 7.5b 180.2 Drain Temp.from Htr. Drain Enthalpy from Htr. Btu/lb 153.5 121.4 134.5 176.4 Feed Temp . from Hu . Feed Enthalpy from Htr. F Btu/1b 1.8 . _, 116.4 161= 6 129.5 l , 3 141.3 148.2 75 143.1 Drain Cooler No. 1 Drain Drain Temp.from D.C. Enthalpy from D.C. OF Btu/lb 96.3 64.3 94.8 62.8 93.9 61.9 63.7 Feed Temp.from D.C. from D.C. OF Btu/lb 115.8 83.8 118.4 86.4 121.5 89.5 122.2 90.2 Feed Feed Enthalpy Temp. to D.C. OF lo6.3 104.8 103.9 103.7 Feed Enthalpy to D.C. Btu/lb 74.3 72.8 71.9 71.7 Condenser Turbine Exh. Flow lb/hr 48,433 67,790 872,4794 1007.8 1006 3 Exhaust Enthalpy Btu/lb 1030.8 1015.1 Condenser Press. In. Hg.Abs. OF 2.0 101.2 2.0 101.2 2.0 2.0 101.2 101.2 Hot Well Temp. Hot Well Enthalpy Btu/1b 69.2 69.2 69.2 69.2 The Corporation will cooperate with the Purchaser to determine the desired heat balance arrangement and to aid the Purchaser in specification and purchase of accessory apparatus. Attached is an alternate heat balance arrangement for the "Performance 1260`, Purchaser's reference, identified as Data pages 1, 2, and 4.