HomeMy WebLinkAboutResolution - 6079 - Contract - Automated Controls - Medium Voltage Controllers - 10/22/1998Resolution No. 6079
Item No. 39
October 22,1998
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed
to execute for and on behalf of the City of Lubbock a contract with Automated Controls
of Lamesa, TX to install and furnish all materials and services as bid for the Furnish and
Install Medium Voltage Controllers and all related documents. Said Contract is attached
hereto and incorporated in this Resolution as if fully set forth herein and shall be included
in the minutes of the Council.
Passed by the City Council this 22nd day of Octnher , 1998.
WINDY SITTO , MAYOR
APPROVED AS TO CONTENT:
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Victor Kilmait Purchasing Manager
APPROVED AS TO FORM:
William de Haas
Competition and Contracts Manager/Attorney
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CITY OF LUBBOCK
SPECIFICATIONS FOR
FURNISH AND INSTALL MEDIUM
VOLTAGE MOTOR CONTROLLERS
BID #98213
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CITY OF LUBBOCK
Lubbock, Texas
P.O. Box 2000
Lubbock. Texas 79457
(806) 775-2167 • Fax (806) 775-2164
MAILED TO VENDOR:
OLD CLOSE DATE:
NEW CLOSE DATE:
ITB 098213, Addendum #2
Office of
Purchasing
ADDENDUM #2
ITB #98213
Furnish & Install Medium Voltage Motor
Controllers
October 6, 1998
October 6, 1998 @ 3:00 p.m.
October 8, 1998 @ 2:00 p.m.
The following items take precedence over specifications for the above named Invitation to Bid (ITB).
Where any item called for in the ITB documents is supplemented here, the original requirements, not
affected by this addendum, shall remain in effect.
1. The Close Date has changed
From: October 6, 1998 @ 3:00 p.m.
To: October 8, 1998 @ 2:00 p.m.
All requests for additional information or clarification must be submitted in writing and directed to:
Laura Ritchie, Buyer
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
Questions may be faxed to: (806)775-2164
or Email to: Lritchie@mail.ci.lubbock.tx.us
THANK YOU,
C
Laura Ritchie
Buyer
- -PLEASE RETURN�ONE.COPY OF THIS ADDENDUM WITH YOUR BID
98213ad2.doc
P.O. Box 2000
Lubbock, Texas 79457
(806) 775-2167 a Fax (806) 775-2164
MAILED TO VENDOR:
OLD CLOSE DATE:
NEW CLOSE DATE:
ITB #98213, Addendum RC1
Office of
Purchasing
ADDENDUM #1
ITB #98213
Furnish & Install Medium Voltage Motor
Controllers
September 23, 1998
September 29,1998 G 2:00 p.m.
October 6, 1998 @ 3:00 p.m.
The following items take precedence over specifications for the above named Invitation to Bid (ITB).
Where any item called for in the ITB documents is supplemented here, the original requirements, not
affected by this addendum, shall remain in effect.
1. The Close Date has changed
From: September 29, 1998 2:00 p.m.
To: October 6,1998 @ 3:00 p.m.
2. Please find the enclosed set of plans titled, "Pump Station #7 Motor Controller Room
All requests for additional information or clarification must be submitted in writing and directed to:
Questions may be faxed to
or Email to:
Laura Ritchie, Buyer
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
(806)775-2164
Lritchie@mall.cl.lubbock.tx.us
THANK YOU,
L'a ---- k
Lau Ritchie
Buyer
PLEASE RETURN ONE COPY OF THIS ADDENDUM W1TH YOUR BID
98213ad1.doc
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CITY OF LUBBOCK
INVITATION TO BID
FOR
TITLE: FURNISH AND INSTALL MEDIUM
VOLTAGE MOTOR CONTROLLERS
ADDRESS: LUBBOCK, TEXAS
BID NUMBER: 98213
PROJECT NUMBER: 6343.9408.9226
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
NI DEX
1. NOTICE TO BIDDERS
2. GENERAL INSTRUCTIONS TO BIDDERS
3. BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS
4. PAYMENT BOND
5. PERFORMANCE BOND
6. CERTIFICATE OF INSURANCE
7. CONTRACT
8. GENERAL CONDITIONS OF THE AGREEMENT
9. CURRENT WAGE DETERMINATIONS
10. SPECIFICATIONS
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No Text
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NOTICE TO BIDDERS
BID #98213
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 29th day of September, 1998, or as changed by the issuance of formal addenda to all planholders,
to furnish all labor and materials and perform all work for the construction of the following described project:
"FURNISH AND INSTALL MEDIUM VOLTAGE MOTOR CONTROLLERS"
lAfter the expiration of the time and date above first written, said sealed bids will be opened in the office of the
Purchasing l ing 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 22nd day of October. 1998, at the Municipal Building, 1625
13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or
all bids and waive any formalities. The successful bidder will be required to furnish a performance bond in accordance
with Chapter 2253, Government Code, in the amount of 100% of the total contract price in the event that said contract
price exceeds $100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter
2253, Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds
$25,000. Said statutory bonds should be issued by a company carrying a current Best Rating of B or su erior.
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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
22nd day of September. at 10:00 o'clock a.m., in the Council Chambers, 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 KILLIAN
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.
No Text
1 GENERAL INSTRUCTIONS TO BIDDERS
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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 FURNISH AND INSTALL MEDIUM
VOLTAGE MOTOR CONTROLLERS.
2. CONTRACT DOCUMENTS
All work covered by this contract shall be done In accordance with contract documents described in the General
Conditions.
All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the
construction of this project and shall be responsible for the satisfactory completion of all work contemplated by
said contract documents.
3. PLANS FOR USE BY BIDDERS
It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by
the contract documents be given a reasonable opportunity to examine the documents and 'prepare a bid without
charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice
to Bidders.
4. BIDDER INQUIRIES
• No bidder shall request any information verbally. All written requests for additional information or clarification
concerning this bid must be addressed to:
LAURA RITCHIE
BUYER
CITY OF LUBBOCK
P.O. BOX 2000
LUBBOCK, TX 79457
FAX (806) 775-2164
5. TIME AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed within 30 (THIRTY) working 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.
fi. 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
The intent of these contract documents is that only materials and workmanship of the best quality and grade will
be furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve
the Contractor of full responsibility for providing materials of high quality and for protecting them adequately until
incorporated into the project. The presence or absence of a representative of the City on the site will not relieve
the Contractor of full responsibility of complying with this provision. The specifications for materials and methods
set forth in the contract documents provide minimum standards of quality which the Owner believes necessary to
procure a satisfactory project.
9. GUARANTEES
All equipment and materials incorporated in the project and all construction shall be guaranteed against defective
materials and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written
general guarantee which shall provide that the Contractor shall remedy any defects in the work, and pay for any
and all damages of any nature whatsoever resulting in such defects, when such defects appear within ONE year
from date of final acceptance of the work as a result of defective materials or workmanship, at no cost to the
Owner (City of Lubbock).
Notwithstanding any provisions contained in the contractual agreement, the Contractor represents and warrants
fault -free performance and fault -free result in the processing date and date -related data (including, but not limited
to calculating, comparing and sequencing) of all hardware, software and firmware products delivered and
services provided under this Contract, individually or in combination, as the case may be from the effective date
of this Contract. Also, the Contractor warrants the year 2000 calculations will be recognized and accommodated
and will not, in any way, result in hardware, software or firmware failure. The City of Lubbock, at its sole option,
may require the Contractor, at any time, to demonstrate the procedures it intends to follow in order to comply
with all the obligations contained herein.
The obligations contained herein apply to products and.services provided by the Contractor, its sub -contractor or
any third party involved in the creation or development of the products and services to be delivered to the City of
Lubbock under this Contract. Failure to comply with any of the obligations contained herein, may result in the
City of Lubbock availing itself of any of its rights under the law and under this Contract including, but not limited
to, its right pertaining to termination or default.
The warranties contained herein are separate and discrete from any other warranties specified in this Contract,
and are not subject to any disclaimer of warranty, implied or expressed, or limitation to the Contractor's liability
which may be specified in this Contract, its appendices, its schedules, its annexes or any document incorporated
in this Contract by reference.
10. PLANS FOR THE CONTRACTOR
The contractor will be furnished one set of plans and specifications, and related contract documents for his use
during construction. Plans and specifications for use during construction will only be furnished directly to the
Contractor. The Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or
others, as required for proper prosecution of the work contemplated by the Contractor.
?r" 11. PROTECTION OF THE WORK
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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 director 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 Owners
Representative.
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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,
1" 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
f" 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.
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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).
(h) Specifications.
(i) Insurance Certificates.
0) ' All other documents made available to bidder for his inspection in accordance with the Notice to Bidders.
If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered
incorporated by reference into the aforementioned contract documents.
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.
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AUTOMATED CONTROLS
III H. E. 14TH STREET
INDUSTRIAL PARK
LAMESA, TEXAS 79331
PHONE (806) 872-8341
FAX (806) 872-3860
QUOTATION
C!O Victor Kilman LOCATION LUBBOCK, TEXAS
TO Office of Purchasing Mar JOB NAME . #98213
1625 13th Street DATE September 28, 1998
Lubbock, TX 79401 BY Emial L. Douglas
PROJECT #98213 -FURNISH AND INSTALL MEDIUM VOLTAGE MOTOR
CONTROLLERS AT PUMP STATION #7.
This quote includes Medium Voltage Controllers,labor,
material to install the medium voltage controllers at Pump
Station # 7 and includes removal and disposal of existing
controllers.
All electrical installation and construction will be in
accordance with the 1996 National Electrical Code, and all
prevailing state and local codes. All electrical wiring will.be
completed in a workmanlike manner.
We will furnish workers compensation, public liability and
property damage insurance, excluding any theft or other peril
damage.
Bid Price $106,765.00
BID SUBMITTAL
LUMP SUM BID CONTRACT
PLACE: PUMP STATION # 7
:� DATE: SEPTEMBER 28, 1998
PROJECT NUMBER: #98213 - FURNISH AND INSTALL MEDIUM VOLTAGE MOTOR CONTROLLERS
Bid of AUTOMATED CONTROLS (hereinafter called Bidder)
To the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
The Bidder, in compliance with your invitation for bids for the construction of a MEDIUM VOLTAGE
MOTOR CONTROLLERS AND REMOVAL OF EXISTING CONTROLLERS AT PUMP STATION V.
having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related
contract documents and the site of the intended work, and being familiar with all of the conditions surrounding the
construction of the intended project including the availability of materials and labor, hereby intends to furnish all labor,
materials, and supplies; and to construct the project in accordance with the plans, specifications and contract documents.
within the time set forth therein and at the price stated below. The price to Cover all expenses incurred in performing the
work required under the contract documents.
MATERIALS: EIGHTY SIX THOUSAND SEVEN HUNDRED SIXTY—FIVE DOLLARS($ 86,765.00 t
SERVICES: TWENTY THOUSAND DOLLARS ($ 20, 000.00
TOTAL BID: ONE HUNDRED SIX THOUSAND SEVEN HUNDRED SIXTY—FIVE DOLA%kRS 106,765.00
(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 30 (THIRTY) working days thereafter as
stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated
damages the sum of $500.00 (FIVE HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set
forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract
documents.
Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with
instruction number 21 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the
bidding.
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The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days
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after the scheduled closing time for receiving bids.
!
The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the
plans, specifications and contract documents pertaining to the work covered by this bid, and he further agrees to
commence work on or before the date specified in the written notice to proceed, and to substantially complete the work
• on which he has bid; as provided in the contract documents.
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or
certified check issued by a bank satisfactory to the City of Lubbock,,or a bid bond from a reliable surety company,
payable without recourse to the order of the City of Lubbock in an amount not less than five percent 5N of the total
amount of the bid submitted as a guarantee that bidder will enter into a contract, obtain all required insurance policies,
and execute all necessary bonds (if required) within (ten) 10 days after notice of award of the contract to him.
Enclosed with this bid is a Cashier's Check or Certified Check for AWCM wsAaa rhL#Pr-e,6L4 e�orM��err-ems
Dollars ($ 5338.25 )ora Bid Bond in the sum of Dollars
($ ), which it is agreed shall be collected and retained by the Owner as liquidated damages in the
event the bid is accepted by the Owner and the undersigned 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 /"-
EMIAL L. DOUGLAS "
(Printed or Typed Name)
AUTOMATED CONTROLS
Company
111 N.E.
14TH STREET
Address
LAMESA
DAWSON
City,
County
79VA1
TEXAS
State
1
Zip Code
Telephone:
806 - 872-8341
Fax: 806
- 872 -3860
(Seal if Bidder is a Corporation)
ATTEST:
i Secretary
Bidder acknowledges receipt ofIhe following addenda:
! Addenda No. Date
Addenda No. Date
Addenda No. Date
Addenda No. Date
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LIST OF SUBCONTRACTORS
Minority Owned
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Yes No
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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.
�''l�: AUTOMATED CONTROLS BY EMIAL L. DOUGLAS
Contractor (Signature)- Contractor (Print)
I"!
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CONTRACTOR'S NAME: AUTOMATED CONTROLS
(Print or Type )
CONTRACTOR'S ADDRESS:
7
Name of Agent/Broker:
Address of Agent/Broker:
City/State/Zip:
111 N.E. 14TH STREET
LAMESA, TEXAS 79331
McDONALD AND COMPANY
12225 GREENVILLE AVE, SUITE 330
DALLAS, TEXAS 75243
Agent/Broker Telephone Number: ( 972 ) 918-9800
Date: SEPTEMBER 28, 1998
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 #98213 - FURNISH AND INSTALL MEDIUM VOLTAGE MOTOR CONTROLLERS
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PAYMENT BOND
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BOND CHECK
BEST RATING
LICENSED IN TEXAS w
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Bond # 741656
STATUTORY PAYMENT BOND PURSUANT TO SECTION 2253.021(a)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $25,000)
KNOW ALL MEN BY "THESE PRESENTS, that Automated Controls (hereinafter called the Principal(s), as
Principal(s), and Capitol Indemnity Corporation
(hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the
Obligee), In the amount of X5106, 765.00 Dollars ($ 106,765. 0 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 22nd day of
October .19 98 to Bid 4 Wt2f1—Furnish and install Medium
Voltage Motor Controllers
and said Principat under the law is required before commencing the work provided for in said contract to execute a bond 1
the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent a:
If copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all
claimants supplying labor and material to him or a subcontractor In the prosecution of the work provided for In said
contract, then, this obligation shall be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond Is executed pursuant to the provisions of Section 2253.021(a) of the
Texas Government Code, and all liabilities on this bond shall be determined In accordance with the provisions of said
Article to the same extent as If It were copied at length herein.
IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and sealed this Instrument this
3rd day of November 19-2L.
Surety
.By.
( itle) Staci Gross Attorney—in—Fact
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Automated Controls
Principal
Byz
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(Title)
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DATE l BY
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Bond # 741656
STATUTORY PERFORMANCE BOND PURSUANT TO SECTION 2253.021(x)
OF THE TEXAS GOVERNMENT CODE
(CONTRACTS MORE THAN $100,000)
Automated Controls
KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principal(s), as Principal(s), and
;aoitol Indemnity Corporation
(hereinafter called the Surety(s), as Surety(s), are held and firmlyy bound unto the City of Lubbock (hereinafter called the
Obligee), in the amount of CNE H1UM SIX TFULE"M S VfN H HD SII7� PYi S_ 106, 765 - Mawful money of the
United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators,
executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered Into a certain written contract with the Obligee, dated the2dday of
nr-f-nher , 19-2$to Riti # c)Ft21'-;-nirnJsh and Install Medium
Voltage Motor Controllers
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 roferred 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 2263.021(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 3rd
day of mmipmhar
Stion Automated Controls
SuFety Principal
�- - By: By.
(Title) Staci Gross (Title)
�*
Attorney—in—Fact By:
i (Title)
By:
(Title)
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V004M
INDEMNITY CORPORATION
4610 UNIVERSITY AVENUE, SUITE 1400, MADISON, WISCONSIN 53705-0900
PLEASE ADDRESS REPLY TO P.O. BOX 5900, MADISON, WI 53705-0900
PHONE (608) 231.4450 • FAX (608) 231.2029
POWER OF ATTORNEY
No: 496268
'•-RCJVI.YCV iR
the power and authorize
wntings obligatory in lh(
the powers and duties i
to any such. power of::at
signatures or facsimile i
facsimile seal shall be
mature thereof to which.il
IN WITNESS
its officer undersign
Attest: w n
01 It, a,. VG-. „
14by;a Power of
eof one or more
1 offices to the bu
shall be valid and bine
and binding upon the
tacked. Any.such..appc
of the
or
1y in the future with reipect to any bond or undertaking or
may be revoked, for cause or without cause, by any gf>sald c
Id its corporate seal #o be
V V1fQ
`STATE OF WISCON:
COUNTY OF DANE`
int
ukin«�s;,'arid other.*
appointee to have
my may be affixed
ring such facsimile
rile signatures and
ig obligatory in the
,y time."-
to be..signed by
of June, 1993.
JION
On the 1 st day of June, A.D.; 1993, before me `personally came George A. Fait, to me -known wl o betRg r me duly
sworn, did depose and,aay. that .he resides in the .County. of Dane, State of Wisconsin, that ire is the esident of
CAPITOL INDEMNITY `CO:RPORATION, the corporation described in and which executed 'the.above Instrument; that
he knows the seal o€ the said. corporation; that the'seal affixed to said instrument Is such corporate seal;:that it was so
affixed by order of the Board of Directors. of ;;old corporation and that he signed /hls�nanie thereto by tike order.
STATE OF WISCONSIN 1
l COUNTY OF.DANE!
meow
ACORN.......
ik-ociucER -(972)918-9800 FAX (972)918-99S8
r-cDonald &*Company, Inc.
2225 Greenville Ave.
Suite 330
�allas, TX 75243-9334
Lutn: lane M. Harrell Ext:
- ..................... . ... ..... ..... 1. ... . ... ...... .......... ... . I . . ...... .... .......... .
rrURED Automated Controls
Raymond D & Emi al Douglas Dba
111 N.E. 14th Street
Lamesa, TX 79331-9503
iiAiii"VDWYYI
LO/21/1998
THIS CERTIFICATE 13 ISSUED AS A MATTER OF INFORMATION
6NLVAMO 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
...................
Fin*-' -I- "n- o", f - 'A' , e* ... ri, c- a- Z * C -A,
COMPANY
A
........... .... . . . .... . ..... .. . ........ ... . ..... ... . . . .......... ....... . . .
COMPANY
COMPANY
C
. . ..... ....... . .. ... ... ................ ..... .. ........ . .........
COMPANY
DESCRIPTION OF OPERATIONSILOCATION3/VEHICLEStSPECLAL ITEMS
Waiver of Subrogration added in favor of City of Lubbock.
SHOULD ANY OF THE ABOVE DESCRIOEO POLICIES BE CAMCM-LED BEFORE THE
City of Lubbock EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
625 13th Street 30 dAYSINRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE IJEFT,
Lubbock, TX 79401 OUT FAILURE TO MAIL SUCH NOTICE SHAD. IMPOSE NO ODUGATION OR LIABILITY
Of ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATNE-S.
AUTHORIZED REPRESENTATIVE
R. Dale Appleby
..7
THIS�IS TO CERTIFY THAT THE POLKMES OF INSURANCE LISTED BELOW HAVE 6EEN ISSUED TO THE INSURED NAMm
ABOVE FOR THE POLICY PERI00
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERMOR CONDITIONTOR OTHER OOCUMEM' WITH RESPECT TO WHICH TT11S
AFFORDCRIBED I1EREIN
NCE
CERTiFlCATE MAY BE 155UED OR MAY PERTAIN, THE
IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDiTIONt OF SUCH LMI9T5 HOWN PAID CLAIMS.
...... . .................. ........ ....... ......... ... . .........................
CO
LTR TYPE OF INSURANCE POLICY NUMBER POLICY 67FECTME POLICY EXPIRATION::
DATE(MM10DtM DATE (MMOOrM
LIMITS
LIABILITY
GENERAL AGGREGATE S
.!�ZTORAL
.............................................. .......................................
COMMERCIAL GENERAL LIABILITY
;CLAIMS MADE OCCURP&MISIAL
PRODUCTS - COMPIOP AGG S
.............................................
4 ADV INJURY 5
.............................................. ......................................
OWNER'S L CONTRACTOR'S PROT:
EACH OCCURRENCE 3
. . . ................ ......... ........ — .. . .....
':FIRE DAMAGE (Anyone (Ire) :S
............................ ........................... ...........
...... .......... .....................................
MED EXP (Any one Person)
AUTOMOBILELWOILITY
COMBINED SINGLE LIMIT S
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Pei penson)
HIRED AUTOS
BODILY INJURY S
NON -OWNED AUTOS
...................... . ... ......................
PROPERTY DAMAGE 5
L lj��AGC LIA151UTY
AUTO ONLY - EA ACCIDENT S
.........................................
ANY AUTO
OTHER THAN Aura ONLY'
EACH ACCIDENT 5............. ........ ... ......
. .. . . . ..........................
AGGREGATES
EXCESS LIABILITY
EACH OCCURRENCE S
.......................................................................................
UMBRELLA FORM
S
t OTHER THANUMBRELLAFORM
. ...........
..........................
WORKERS COMPENSATION AND
WC 6TATU- i —OTM.
;,!!,,:.TORY LIMITS
EMPLOYERS
V IBIIY
WC000298 07/25/1998 07/25/1999
.;....
:Q F.A. C..4 A..C.C..ID...E..NT...S 1000, 000
.................................................. .....................
.........................
MPROPRIETOR! :
7A PTNERStExEcvnvE
EL DISEASE - POLICY U TT S 1,000,000
OFFICERS ARE: X EXCL
EL DISEASE - EA EMPLOYEE S 1,000,7
OTHat
DESCRIPTION OF OPERATIONSILOCATION3/VEHICLEStSPECLAL ITEMS
Waiver of Subrogration added in favor of City of Lubbock.
SHOULD ANY OF THE ABOVE DESCRIOEO POLICIES BE CAMCM-LED BEFORE THE
City of Lubbock EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
625 13th Street 30 dAYSINRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE IJEFT,
Lubbock, TX 79401 OUT FAILURE TO MAIL SUCH NOTICE SHAD. IMPOSE NO ODUGATION OR LIABILITY
Of ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATNE-S.
AUTHORIZED REPRESENTATIVE
R. Dale Appleby
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�•• NOV 13 '98 02:46PM AUTOMATED cogrROLS
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Nov -13-98 03s08p Malcolm Harp Ins
Hair -014. liF.$ ;-nturance
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City of L!tbbook, Texas
POO 'C exaA: 79757
Lubbock.
11-13-98
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7
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CONTRACTOR CHECKLIST
A CONTRACTOR SHALL:
(1) provide coverage for its employees providing services on a project, for the duration of the project based
on proper reporting of classification codes and payroll amounts and filling of any coverage agreements;
(2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity
prior to beginning work on the project;
(3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project;
(4) obtain from each person providing services on a project, and provide to the governmental entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so the governmental
entity will have on file certificates of coverage showing coverage for all persons providing
services on the project; and
(B) no later than seven days after receipt by the contractor, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate 'of coverage ends
during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after
the contractor knew or should have known, of any change that materially affects the provision of
coverage of any person providing services on the project;
(7) post a notice on each project site informing all persons providing services on the project that they are
required to be covered, and stating how a person may verify current coverage and report failure to
provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other
commission rules. This notice must be printed in at least 19 point normal type, and shall be in both
English and Spanish and any other language common to the worker population. The text for the notices
shall be the following text provided by the commission on the sample notice, without any additional
words or changes:
2
7
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.0
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No Text
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CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 22nd day of October. 1998 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 Automated Controls of the City of Lamesa, County of Dawson and the State
of Texas hereinafter termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and
performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the
CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements
described as follows:
BID #98213 - FURNISH AND INSTALL MEDIUM VOLTAGE MOTOR CONTROLLERS - $ 106,765.00
and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own
proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor,
insurance and other accessories and services necessary to complete the said construction in accordance with the
contract documents as defined in the General Condition of Agreement.
The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have
r 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.
Owner's Representative
APPROVED AS TO FORM:
r %_4,y,
Ci y Attorney
ATTEST:
Corporate Secretary
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CONTRACTOR:
AUTOMATED CONTROLS
COMPLETE ADDRESS:
Automated Controls
111 N. E. 14th Street
Lamesa, TX 79331
No Text
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7
i
GENERAL CONDITIONS OF THE AGREEMENT
1. OWNER
Whenever the word Owner, or First Party, are used in this contract, It shall be understood as referring to the City
of Lubbock, Texas.
2. CONTRACTOR
Whenever the word Contractor, or Second Party, is used, it shall be understood to mean the person, persons, co-
partnership or corporation, to wit AUTOMATED CONTROLS who has agreed to perform the work embraced in
this contract, or their legal representative.
3. OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as
referring to, City of Lubbock, or its representative CURTIS MCDOLE, ELECTRICAL EQUIPMENT SPECIALIST,
so designated who will inspect constructions; or to such other representatives, supervisors, architects, engineers,
or inspectors as may be authorized by said Owner to act in any particular under this agreement. Engineers,
supervisors or inspectors will act for the Owner under the direction of Owner's Representative, but shall not
directly supervise the Contractor or persons acting on behalf of the Contractor.
4. CONTRACT DOCUMENTS
The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Bid, Signed
Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the
Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to
Bidder for inspection in accordance with the Notice to Bidders. The above described materials are sometimes
referred to herein as the "contract" or "contract documents".
5. INTERPRETATION OF PHRASES
Whenever the words "Directed," "Permitted," "Designated," "Required, "Considered Necessary," "Prescribed," or
words of like import are used, it shall be understood that the direction, requirement, permission, order,
designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved,"
"Acceptable," "Satisfactory," or words of like import shall, mean approved by or acceptable or satisfactory to the
Owner's Representative.
6, SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for
performance of work on the project contemplated by these contract documents. Owner shall have no
r- 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.
B. CONTRACTOR'S RESPONSIBILITIES
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other
facilities necessary for the execution and completion of the work covered by the contract documents. Unless
otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality.
The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials
or work described in words which so applied have well known, technical or trade meaning shall be held to refer
such recognized standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
9. SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the structure or project contemplated by the contract
documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended
purpose, but still may require minor miscellaneous work and adjustment.
10. LAYOUT
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall
accomplish this work in a manner acceptable to the Owner's Representative. The Owner's Representative will
check the Contractor's layout of all major structures and any other layout work done by the Contractor at
Contractor's request, but this check does not relieve the Contractor of the responsibility of correctly locating all
work in accordance with the Plans and Specifications.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE
The Contractor shall be furnished copies of all Plans and Specifications without expense to Contractor and
Contractor shall keep one copy of same consistently accessible on the job site.
12. RIGHT OF ENTRY
The Owner's Representative may make periodic visits to the site to observe the progress or quality of the
executed work and to determine, in general, if the work is proceeding in accordance with the contract documents.
Owner's Representative will not be required to make exhaustive or continuous onsite inspections to check the
quality or quantity of the work, nor will Owner's Representative be responsible for the construction means,
methods, techniques, sequences or procedures, or the safety precautions incident thereto. Notwithstanding the
Owner's Representative's rights of entry hereunder, the Owner's Representative will not be responsible for the
Contractor's failure to perform the work in accordance with the Contract Documents.
13. LINES AND GRADES
All lines and grades shall be furnished by the Owner's Representative whenever Owner's Representative deems
said lines and grades are necessary for the commencement of the work contemplated by these contract
documents or the completion of the work contemplated by these contract documents. Whenever necessary,
Contractor shall suspend its work in order to permit Owner's Representative to comply with this requirement, but
such suspension will be as brief as practical and Contractor shall be allowed no extra compensation therefore.
The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades
will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless
destruction or removal by Contractor, its Subcontractors, or its employees, such stakes, marks, etc., shall be
replaced by the Owner's Representative at Contractor's expense.
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14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's
Representative has the authority to review all work included herein. The Owner's Representative has the
PW authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the
contract. The Owner's Representative shall, in all cases, determine the amounts and quantities of the several
kinds of work which are to be paid for under the contract documents, and shall determine all questions in relation
to said work and the construction thereof, and shall, in all cases, decide every question which may arise relative
to the execution of this contract on the part of said Contractor. The decision of the Owner's Representative shall
be conclusive in the absence of written objection to same delivered to Owner's Representative within fifteen (15)
calendar days of any decision or direction by Owner's Representative. In the absence of timely written objection
,.. by Contractor, as provided herein, any and all objection or objections shall be deemed waived.
15. SUPERINTENDENCE AND INSPECTION
It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from
time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may
deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said
material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall
furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the
proper inspection and examination of the worts. The Contractor shall regard and obey the directions and
instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and
instructions are consistent with the obligations of this Agreement and accompanying plans and specifications
provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or
inspector, the Contractor may within fifteen (15) calendar days make written appeal to the Owner's
Representative for its decision. In the absence of timely written objection by Contractor, as provided herein, any
and all objection or objections shall be deemed waived.
16. CONTRACTOR'S DUTY AND SUPERINTENDENCE
The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall
keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory
to Owner's Representative. The superintendent shall represent the Contractor in its absence and all directions
given to superintendent shall be binding as if given to the Contractor. It is expressly agreed that adequate
supervision by competent and reasonable representatives of the Contractor is essential to the proper
performance of the work and lack of such supervision shall be grounds for suspending operations of the
Contractor.
The work, from its commencement to completion, shall be under the exclusive charge and control of the
Contractor and all risk in connection therewith shall be borne by the Contractor.
The Owner or Owner's Representatives shall not be responsible for the acts or omissions of the Contractor, or
any subcontractors, or any of Contractor's agents or employees, or any other persons performing any of the
work.
17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied itself as to the nature and
location of the work, the confirmation of the ground, the character, quality and quantity of materials to be
encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the
work, and the general and local conditions, and all other matters which in any way affect the work under the
contract documents. No oral agreement or conversation with any officer, agent, or employee of the Owner, or
Owner's Representative either before or after the execution of this contract, shall affect or modify any of the
terms or obligations herein contained. Subject to the rights of Owner as set forth in Paragraph 23 hereof, all
I modifications and/or amendments to the contract documents, shall be in writing, and executed by Owner's
Representative and Contractor.
Unless otherwise specified herein, all loss, expense or damage to Contractor arising out of the nature of the work
to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the
work, shall be sustained and borne by the Contractor at its own cost and expense.
18. CHARACTER OF WORKMEN
The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work
required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform
Contractor in writing that any man or men on the work, are, in Owner's Representative's sole opinion,
incompetent, unfaithful, disorderly, or otherwise unacceptable to Owner or Owner's Representative, such man or
men shall be discharged from the work and shall not again be employed on the work without the Owner's
Representative's written consent.
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution
and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and
it is also understood that Owner shall not be held responsible for the care, preservation, conservation, or
protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and
accepted.
The building of structures for the housing of men or equipment will be permitted only at such places as the
Owner's Representative shall consent or direct, and the sanitary conditions of the grounds in or about such
structure shall at all times be maintained in a manner satisfactory to the Owner's Representative.
20. SANITATION
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public .
observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall
be approved by the Owner's Representative and their use'shall be strictly enforced.
21. OBSERVATION AND TESTING
The Owner or Owner's Representative shall have the right at all times to observe and test the work. Contractor
shall make necessary arrangements and provide proper facilities and access for such observation and testing at
any location wherever such work is in preparation or progress. Contractor shall ascertain the scope of any
observation which may be contemplated by Owner or Owner's Representative and shall give ample notice as to
the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject
any such work found to be defective or not in accordance with the contract documents, regardless of the stage of
its completion or the time or place of discovery of such errors and regardless of whether Owner's Representative
has previously accepted the work through oversight or otherwise. If any such work should be covered without
approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for
examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured
at a location where it is not convenient for Owner or Owner's Representative to make observations of such work
or require testing of said work, then in such event Owner or Owner's Representative may require Contractor to
furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons
competent to perform such tasks at the location where that part of the work is being manufactured or fabricated.
All such tests will be in accordance with the methods prescribed by the American Society for Testing and
Materials or such other applicable organization as may be required by law or the contract documents.
If any such work which is required to be inspected, tested, or approved is covered up without written approval or
consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative,
be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and
approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the
requirements of any such tests, inspections or approvals, and any work which meets the requirements of.any
such tests or approvals but does not meet the requirements of the contract documents shall be considered
defective, and shall be corrected at the Contractor's expense.
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' 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
r" 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 worts so that it shall be in full accordance with the contract documents. It is further agreed that any
�,,.. remedial action contemplated as hereinabove set forth shall be at Contractor's expense.
1 23. CHANGES AND ALTERATIONS
PP", 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
,ow equipment, for the time actually employed or used on such extra work, plus actual transportation charges
necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social
Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workers'
Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or
Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of
the actual field cost shall be kept and records of these accounts shall be made available to the Owner's
Representative. The Owner's Representative may also specify in writing, before the work commences, the
method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these
matters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of
machinery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule
of Equipment and Ownership Expenses adopted by the Associated General Contractors of America. Where
practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra
work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall cover and
compensate Contractor for its profit, overhead, general superintendence and field office expense, and all other
elements of cost and expense not embraced within the actual field cost as herein defined, save that where the
Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to
maintain and operate the same shall be included in the "actual field cost."
No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case
any orders or instructions appear to the Contractor to involve extra work for which Contractor should receive
compensation or an adjustment in the construction time, Contractor shall prior to commencement of such extra
work, make written request to the Owner's Representative for written order authorizing such extra work. Should
a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore,
and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after
making written request for written order and shall keep adequate and accurate account of the actual field cost
thereof, as provided under Method (C)(1). If Contractor does not notify Owner's Representative prior to the
commencement any extra work, any claim for payment due to alleged extra work shall be deemed waived.
25. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of the contract documents that all work described in the bid, the
specifications, plans and other contract documents, is to be done for the prices quoted by the Contractor and that
such price shall include all appurtenances necessary to complete the work in accordance with the intent of these
contract documents as interpreted by Owner's Representative. Notices of any discrepancies or omissions in
these plans, specifications, or contract documents, shall be given to the Owners' Representative and a
clarification obtained before the bids are received, and if no such notice is received by the Owner's
Representative prior to the opening of bids, then it shall be deemed that the Contractor fully
understands the work to be included and has provided sufficient sums in its bid to complete the work in
accordance with these plans and specifications. If Contractor does not notify Owner's Representative
prior to bidding of any discrepancies or omissions, then it shall be deemed for all purposes that the
plans and specifications are sufficient and adequate for completion of the project. It is further agreed
that any request for clarification must be submitted no later than five (5) calendar days prior to the
opening of bids.
26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT
If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality
of work with the rate of progress required under this contract, the Owner or Owner's Representative may order
the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall
comply with such order.
If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the
Contractor shall, if so ordered in writing, increase its force or equipment, or both, to such an extent as to give
reasonable assurance of compliance with the schedule of progress.
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27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC AND GENERAL INDEMNITY
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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
d 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, attomeys' 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 $1,000,000.00
Combined Single Limit in the aggregate and per occurrence to include:
a••• Premises and Operations
Explosion & Collapse Hazard
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Underground Damage Hazard
Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury
Advertising Injury
B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance.
For bodily injuries, including accidental death and or property damage, $1,000.000.00 Combined Single
Limit. This policy shall be submitted prior to contract execution.
C. Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; .-
Bodily Injury/Property Damage, $1.000.000.00 Combined Single Limit,
to include all owned and nonowned cars including: Employers Nonownership Liability Hired and
Nonowned Vehicles. The City is to be named as an additional insured on this policy for this specific job
and copy of the endorsement doing so is to be attached to the Certificate of Insurance.
D. Builder's Risk Insurance/installation floater Insurance
The Contractor shall obtain a Builder's Risk policy in the amount of 0.00% of the total contract price
(100% of potential loss) naming the City of Lubbock as insured.
E. Umbrella Liability Insurance
The Contractor shall have Umbrella Liability Insurance in the amount of $0.00 on all contracts with
coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability
coverages.
F. Worker's Compensation and Employers Liability Insurance
Worker's Compensation Insurance covering all employees whether employed by the Contractor or any
Subcontractor on the job with Employers Liability of at least $500.000.00.
1. Definitions:
Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of
authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-
82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for
the person's or entity's employees providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the project until the
Contractor'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 0406.096, 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
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the Contractor and regardless of whether that person has employees. This includes, without
limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -
I^'' operators, employees of any such entity, or employees of any entity which furnishes persons to
( provide services on the project. "Services" include, without limitation, providing, hauling, or
delivering equipment or materials, or providing labor, transportation, or other service related to a
project. "Services" does not include activities unrelated to the project, such as food/beverage
r vendors, office supply deliveries, and delivery of portable toilets.
2. The Contractor shall provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the statutory requirements
of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services
on the project, for the duration of the project.
3. The Contractor must provide a certificate of coverage to the governmental entity prior to being
awarded the contract.
4. If the coverage period shown on the Contractor's current certificate of coverage ends during the
duration of the project, the Contractor must, prior to the end of the coverage period, file a new
certificate of coverage with the governmental entity showing that coverage has been extended.
5. The Contractor shall obtain from each person providing services on the project, and provide to
the governmental entity:
(a) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
(b) no later than seven days after receipt by the Contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project.
6 The Contractor shall retain all required certificates of coverage for the duration of the project and
for one year thereafter.
7. The Contractor shall notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the Contractor knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on the project.
8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed
by the Texas Workers' Compensation Commission, informing all persons providing services on
the project that they are required to be covered, and stating how a person may verify coverage
and report lack of coverage.
9. The Contractor shall contractually require each person with whom it contracts to provide services
on the project, to:
(a) provide coverage, based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements, which meets the statutory requirements of Texas
Labor Code, Section 401.011(44) for all of its employees providing services on the
project, for the duration of the project;
(b) provide to the Contractor, prior to that person beginning work on the project, a certificate
of coverage showing that coverage is being provided for all employees of the person
providing services on the project, for the duration of the project;
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(c) provide the Contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(d) obtain from each other person with whom it contracts, and provide to the Contractor:
(1) a certificate of coverage, prior to the other person beginning work on the project;
and
(2) a new certificate of coverage showing extension of coverage, prior to the end of
the Coverage period, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the person knew or should have known, of any change that materially affects
the provision of coverage of any person providing services on the project; and
(g) contractually require each person with whom it contracts to perform as required by
paragraphs (a) - (g), with the certificates of coverage to be provided to the person for
whom they are providing services.
10. By signing this contract or providing or causing to be provided a certificate of coverage, the
Contractor is representing to the governmental entity that all employees of the Contractor who
will provide services on the project will be covered by worker's compensation coverage for the
duration of the project, that the coverage will be based on proper reporting of classification codes
and payroll amounts, and that all coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self-insured, with the commission's Division of Self -
Insurance Regulation. Providing false or misleading information may subject the Contractor to
administrative penalties, criminal penalties, civil penalties, or other civil actions.
11. The Contractor's failure to comply with any of these provisions is a breach of contract by the
Contractor which entitles the governmental entity to declare the contract void if the Contractor
does not remedy the breach within ten days after receipt of notice of breach from the
governmental entity.
G. Proof of Coverage
Before work on this contract is commenced, each Contractor and'subcontractor shall submit to the
Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as
evidence of compliance with the above insurance requirements, signed by an authorized representative
of the insurance company setting forth:
(1) The name and address of the insured.
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date 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.
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(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.
m The certificate or certificates shall be on the form (or identical copies thereof) contained in the
job specifications. No substitute of nor amendment thereto will be acceptable.
(8) . If policy limits are paid, new policy must be secured for new coverage to complete project.
(9) A Contractor shall:
(a) provide coverage for its employees providing services on a project, for the duration of
the project based on proper reporting of classification codes and payroll amounts and
filling of any coverage agreements;
(b) provide a certificate of coverage showing workers' compensation coverage to the
governmental entity prior to beginning work on the project;.
(c) provide the governmental entity, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage period shown on
the Contractor's current certificate of coverage ends during the duration of the project;
(d) obtain from each person providing services on a project, and provide to the
governmental entity:
(i) a certificate of coverage, prior to that person beginning work on the project, so
the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project; and
(i1 no later than seven days after receipt by the Contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter;
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the Contractor knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project;
(g) post a notice on each project site informing all persons providing services on the project
that they are required to be covered, and stating how a person may verify current
coverage and report failure to provide coverage. This notice does not satisfy other
posting requirements imposed by the Texas Worker's Compensation Act or other
commission rules. This notice must be printed with a title in at least 30 point bold type
and text in at least 19 point normal type, and shall be in both English and Spanish and
any other language common to the worker population. The text for the notices shall be
the following text provided by the commission on the sample notice, without any
additional words or changes:
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services
related to this construction project must be covered by workers' compensation
Insurance. This includes persons providing, hauling, or delivering equipment or
materials, or providing labor or transportation or other service related to the
project, regardless of the identity of their employer or status as an employee."
"Call the Texas Workers' Compensation Commission at 5121440-3789 to receive
Information of the legal requirements for coverage, to verify whether your
employer has provided the required coverage, or to report an employer's failure to
provide coverage;" and
(h) contractually require each person with whom it contracts to provide services on a project,
to:
(i) provide coverage based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements for all of its employees
providing services on the project, for the duration of the project;
(ii) provide a certificate of coverage to the Contractor prior to that person beginning
work on the project;
(iii) include in all contracts to provide services on the project the following language:
"By signing this contract or providing or causing to be
provided a certificate of coverage, the person signing this
contract is representing to the governmental entity that all
employees of the person signing this contract who will
provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that
the coverage will be based on proper reprinting of
classification codes and payroll amounts, and that all
coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self-insured, with the
commission's Division of Self -Insurance Regulation.
Providing false or misleading information may subject the
Contractor to administrative penalties, criminal penalties,
civil penalties, or other civil actions.";
(iv) provide the Contractor, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(v) obtain from each other person with whom it contracts, and provide to the
Contractor:
(1) a certificate of coverage, prior to the other person beginning work on the
project; and
(2) prior to the end of the coverage period, a new certificate of coverage
showing extension of the coverage period, if the coverage period shown
on the current certificate of coverage ends during the duration of the
project;
(vi) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
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(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.
r 29. DISABLED EMPLOYEES
r
p
Contractors having more than fifteen (15) employees agree to comply with the Americans with Disabilities Act of
�•1990, and agree not to discriminate against a qualified Individual with a disability because of the disability of such
individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee
compensation, job training, and other terms, conditions, and privileges of employment.
30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN. AND
f 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, materiaimen 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
w 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
tri► hereof, the Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall
indemnify and save the Owner, and all of its officers, agents and employees harmless from any loss on account
thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when
a particular design, device, material or process or the product of a particular manufacturer or manufacturers is
specified or required in these contract documents by Owner; provided, however, if choice of alternate design,
device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner, and all
of its officers, agents and employees harmless from any loss on account thereof. Notwithstanding anything
,•� herein to the contrary, if the material or process specified or required by Owner and/or this contract is an
infringement, the Contractor shall be responsible for such loss unless it gives written notice of such infringement
to the Owner's Representative prior to bidding.
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32. LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and
regulations, which in any manner affect the contract or the work, and without limiting, in any way, manner or
form, the indemnity provided by Contractor in paragraph 27 hereof, Contractor shall indemnify and save
harmless the Owner, and all of its officers, agents, and employees against any claims arising from the violation
of any such laws, ordinances, and regulations, whether by the Contractor, its employees, or subcontractors. If
the Contractor observes that the plans and specifications are at variance therewith, he shall notify the Owner's
Representative in writing prior to bidding and any necessary changes shall be adjusted as provided in the
contract for changes in the work. In the absence of timely written notification to Owner's Representative of such
variance or variances within said time, any objection and/or assertion that the plans and specifications are at
variance with any federal, state or local laws, ordinances or regulations shall be deemed waived. If the
Contractor, its employees or subcontractors perform any work contrary to such laws, ordinances, rules and
regulations, and without such notice to the Owners Representative, Contractor shall bear all costs arising
therefrom.
The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar
as the same regulates the objects for which, or the manner in which, or the conditions under which the Owner
may enter into contracts, shall be controlling, and shall be considered as part of this contract to the same effect
as though embodied herein.
33. SUBCONTRACTING
The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of
this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials
required in the performance of this contract, shall not relieve the Contractor from its full obligations to the Owner,
as provided by the contract documents.
34. TIME FOR SUBSTANTIAL COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of
beginning and time for completion as specified in the contract documents, of work to be done hereunder are
essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in
this contract shall be commenced as provided in the contract documents.
If the Contractor should neglect, fail, or refuse to substantially complete the work within the time herein specified,
then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner
may withhold permanently from Contractors total compensation, the sum of $500.00 (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.
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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.
r 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 actor neglect of the Owner, Owner's Representative, employees of the
T 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
d" 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
I`"' 15
the unit price method, payment shall be for the actual amount of work done and materials furnished on the
project.
39. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way
encountered, which may be injured or seriously affected by any process of construction to be undertaken under
this agreement, from any damage or injury by reason of said process of construction; and Contractor shall be
liable for any and all claims for such damage on account of his failure to fully protect all adjacent property.
Without limiting, in any way, manner and form, the indemnity provided by Contractor in paragraph 27 hereof, the
Contractor agrees to indemnify, save and hold harmless the Owner, and any of its officers, agents and
employees, 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.
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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
l" Representative shall so certify to the Owner. Upon certification by Owner's Representative of final completion,
Owner shall pay to the Contractor on or before the 31 st working day after the date of certification of final
completion, the balance due Contractor under the terms of this agreement. Neither the certification of final
completion nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the
obligation for fulfillment of any warranty which may be required in the contract documents and/or any warranty or
warranties implied by law or otherwise.
45. CORRECTION OF WORK
Contractor shall promptly remove from Owner's premises all materials condemned by the Owner's
r.+ 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
A"" 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.
"'"
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47. CLAIM OR DISPUTE
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor
shall be in writing and filed with the Owner's Representative within fifteen (15) calendar days after the Owner's
Representative has given any direction, order or instruction to which the Contractor desires to take exception.
Timely written notice of dispute as provided in this contract of any decision by Owner's Representative or Owner
shall be a condition precedent to the bringing and/or assertion of any action or claim by Contractor of any right
under this Contract. If the matters set forth in the notice of dispute are not granted or otherwise responded to by
Owner's Representative within fifteen (15) calendar days of receipt of notice of dispute by Owner's
Representative, said objections shall be deemed denied. Any decision by the Owner's Representative, or
deemed denial by the Owner's Representative, shall be final and conclusive in the absence of fraud. It is further
agreed that the acceptance by.the Contractor of the final payment shall be a bar to any and all claims of the
Contractor, and constitute a waiver of the right to assert any claim against Owner, Owner's agents and
employees and Owner's Representative, by Contractor.
48. NON-COMPLIANCE AND/OR ABANDONMENT BY CONTRACTOR
In case the Contractor should (1) abandon and fail or refuse to resume work within fifteen (15) calendar days
after written notification from the Owner or the Owner's Representative, or (2) if the Contractor fails to comply
with the written orders of the Owner's Representative, when such orders are consistent with this contract, then
the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice
shall be delivered to the Contractor. In the event a bond is not required by law, or otherwise obtained by the
Contractor, no further notice of such non-compliance to Contractor shall be required.
After receiving said notice of abandonment or non-compliance , the Contractor shall not remove from the work
any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials
and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the
Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or
credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for
under paragraph 24 of this contract); it being understood that the use of such equipment and materials will
ultimately reduce the cost to complete the work and be reflected in the final settlement.
In the event the Contractor, or Surety, whichever is applicable, should fail to commence compliance with the
notice hereinbefore provided within ten (10) calendar days after service of such notice, and/or shall fail to
proceed with diligence to complete the project as contemplated and in compliance with all terms and provisions
of the contract documents, then the Owner may exercise any and all remedies available to it pursuant to law,
contract, equity or otherwise, including, but not limited to, providing for completion of the work in either of the
following elective manners:
(a) The Owner may employ such force of men and use of machinery, equipment, tools; materials and
supplies as said Owner may deem necessary to complete the work and charge the expense of such
labor, machinery, equipment, tools, materials and supplies to said Contractor, and the expense so
charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may
thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such
expense is less than the sum which would have been payable under this contract, if the same had been
completed by the Contractor, then said Contractor shall receive the difference. Incase 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
18
which would have been the cost to complete the work under this contract, the Contractor or his Surety
shall be credited therewith.
In the event the Owner's Representative elects to complete the work, as described above, when the work shall
have been finally completed, the Contractor and his Surety shall be so notified and certification of completion as
provided in paragraph 44 hereinabove set forth, shall be issued. A complete itemized statement of the contract
accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to
Contractor and his Surety, if applicable, whereon the Contractor or his Surety, or the Owner as the case may be,
shall pay the balance due as reflected by said statement within 30 days after the date of certification of
completion.
In the event the statement of accounts shows that the cost to complete the work is less than that which would
have been the cost to the Owner had the work been completed by the Contractor under the terms of this
contract, or when the Contractor and/or his Surety, if applicable, shall pay the balance shown to be due by them
to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be
turned over to the Contractor and/or his Surety, if applicable. Should the cost to complete the work exceed the
contract price, and the Contractor and/or his Surety, if applicable, fail to pay the amount due the Owner within the
time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the
site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to
the Contractor and his Surety, if applicable, at the respective addresses designated in this contract; provided,
however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of
such notice, such property shall be held at the risk of the Contractor and his Surety, if applicable, subject only to
the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) calendar days from
the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the
net sum derived from such sale to the credit of the Contractor and his Surety, if applicable. Such sale may be
made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release
any machinery, equipment, tools, materials, or supplies which remain on the jobsite and belong to persons other
than the Contractor or his Surety, if applicable, to their proper owners.
The remedies provided to Owner by law, equity, contract, or otherwise, shall be cumulative, to the extent
permitted by law. It is expressly agreed and understood that the exercise by Owner of the remedies provided in
this paragraph shall not constitute an election of remedies on the part of Owner, and Owner, irrespective of its
exercise of remedies hereunder, shall be entitled to exercise concurrently or otherwise, any and all other
remedies available to it, by law, equity, contract or otherwise, including but not limited to, liquidated damages, as
provided in paragraph 34, hereinabove set forth.
49. LIMITATION ON CONTRACTOR'S REMEDY
The remedies of Contractor hereunder shall be limited to, and Owner shall be liable only for, work actually
performed by Contractor and/or its subcontractors as set forth in the contract documents, and Owner shall not be
liable for any consequential, punitive or indirect loss or damage that Contractor may suffer in connection with the
project which is the subject matter of this contract.
50. BONDS
The successful bidder will be required to furnish a performance bond in accordance with Chapter 2253,
Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds
$100,000 and the successful bidder will be required to furnish a payment bond in accordance with Chapter 2253,
Government Code, in the amount of 100% of the total contract price in the event that said contract price exceeds
$25,000. All bonds, if required, shall be submitted on forms supplied by the Owner, and executed by an
approved Surety Company authorized to do business in the State of Texas. It is further agreed that this contract
shall not be in effect until such bonds are so furnished.
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51. SPECIAL CONDITIONS
In the event special conditions are contained herein as part of the contract documents and said special
conditions conflict with any of the general conditions contained in this contract, then in such event the special
conditions shall control.
52. LOSS OR EXPENSE DUE TO UNUSUAL OR UNANTICIPATED CIRCUMSTANCES
Unless otherwise specified herein, all loss, expense or damage to the Contractor arising out of the nature of the
work to be done, or from the action of the elements, or from any unforeseen circumstance or from unusual
obstructions or difficulties, naturally occurring, man made or otherwise, which may be encountered in the
prosecution of the work, shall be sustained and borne by the Contractor at his own cost and expense.
53. INDEPENDENT CONTRACTOR
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority
to direct, supervise, and control its own employees and to determine the method of the performance of the work
covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's
work during Contractor's performance and to carry out the other prerogatives which are expressly reserved to
and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time
change or effect the status of the Contractor as an independent contractor with respect to either the Owner or
Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation.
54. CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at
the completion of the work Contractor shall remove all such debris and also its tools, scaffolding, and surplus
materials and shall leave the work room clean or its equivalent. The work shall be left in good order and
condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor.
55. HAZARDOUS SUBSTANCES AND ASBESTOS
Hazardous Substances (herein so called), as defined in the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C.S. §9601(14)) and the regulations promulgated thereunder, as same
may be amended from time to time, hydrocarbons or other petroleum products or byproducts and/or asbestos, in
any form, shall not (i) be utilized, in any way, manner or form, in the construction of, or incorporation into, the
Project; or (ii) be brought upon, placed, or located, by any party, on the Project site, or any other property of the
City, without the written consent of the Owner's Representative. If Contractor believes that the utilization of a
Hazardous Substance, hydrocarbons or other petroleum products or byproducts and/or asbestos is necessary in
the construction of the Project, or that it is necessary to place and/or otherwise locate upon the site of the Project
or other property of the City, a Hazardous Substance, hydrocarbons or other petroleum products or byproducts
and/or asbestos, Contractor shall notify the Owner's Representative, and request consent therefrom, at least
twenty (20) days prior to such action. Owner's Representative may grant or deny the request of Contractor and
provide whatever requirements such consent, if granted, is conditioned upon, in its sole and absolute discretion.
If the request of Contractor is not granted, or otherwise not responded to, by Owner's Representative within five
(5) days of the receipt of said request, said request shall be deemed to be denied.
In the event Owner's Representative shall consent to the request of Contractor, Contractor shall be responsible
for ensuring that all personnel involved in the Project are (i) trained for the level of expertise required for proper
performance of the actions contemplated by this Contract and, in particular, in all aspects of handling, storage,
disposal and exposure of Hazardous Substances, hydrocarbons or other petroleum products or byproducts and/or
asbestos; and (ii) are provided and utilize all protective equipment, including without limitation, personal
protective gear, necessary to provide protection from exposure to Hazardous Substances, hydrocarbons or other
petroleum products or byproducts and/or asbestos.
20
No Text
Resolution No. 5121
March 14, 1996
Item #19
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RESOLUTION
i . WHEREAS, the City Council has heretofore established the general prevailing rate of
per diem wages for each craft or type of workmen or mechanics needed to execute public
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 made
a part hereof for all intents and purposes: j
Exhibit A: Building Construction Trades
Exhibit B: Paving and Highway Construction
Exhibit C. Overtime Rate
Exhibit D: Weekend and Holiday Rate
s
' Such wage rates are hereby found and declared to be the general prevailing rate of per diem
wages in all localities where public works are undertaken on behalf of the City of Lubbock and
such wage rates shall be included in all public works contracts as provided by law.
iii
Passed by the City Council this 14th
ATTEST:
f
Betty M. Jdfinson, City Secretary
APPROVED AS TO CONTENT:
I
Mary AndrYws, Managing Director of
Human Resources
APPROVED AS TO FORM:
Hafold Willard; Assistant City Attorney
HWAa/ccdocs/pubworks.res
February 14, 1996
1)
1:1 I
City of Lubbock
Building Construction Trades
Prevailing Rates
Acoustical Ceiling Installer
Air Conditioner Installer.
Air Conditioner Installer -Helper
Asbestos Worker
Asbestos Supervisor
Bricklayer
Bricklayer -Helper
Carpenter
Carpenter -Helper
Cement Finisher
Drywall Hanger
Electrician
Electrician -Helper
Equipment Operator -Heavy
Equipment Operator -Light
Floor Installer
Glazier
Insulator-Pipinooiler
Insulator -Helper
Iron Worker
Laborer -General
Mortar Mixer
Painter
Plumber
Plumber -Helper
Roofer
Roofer -Helper
Sheet Metal Worker
Sheet Metal Worker -Helper
Welder -Certified
Hourly Rate
10.00
11.00
5.50
8.00
11.00
11.00
6.00
11.00
6.00
7.50
10.00
13.00
6.00
8.50
7.50
8.50
8.00
9.00
5.50
8.00
5.50
5.50
9.50
10.50
6.00
8.00
5.50
8.75
5.50
10.00
Paving and Highway Construction
Prevailing Wage Rates
Grafi
Asphalt Heaterman
Asphalt Shoveler
Concrete Finisher
Concrete Finisher -Helper
Electrician
Flagger
Form Setter
Form Setter -Helper
Laborer -General
Laborer -Utility
Mechanic
Mechanic -Helper
Power Equipment Operators
Asphalt Paving Machine
Bulldozer
Concrete Paving Machine
Front End Loader
Heavy Equipment Operator
Light Equipment Operator
Motor Grader Operator
Roller
Scraper
Tractor
Truck Driver -Light
Truck Driver -Heavy
Hourly Rate
6.00
5.50
7.35-
5.75
10.50
5.50
6.50
5.50
5.50
6.25
7.25
5.50
7.00
7.00
7.00
6.50
7.00
6.50
8.50
6.00
6.50
6.50
6.00
6.50
I*Lq:ll:jv q
Prevailing Wage Rates
Overtime Rate
The rate for overtime (in excess of forty hours per week) is 1 1/2 times base rate.
EXHIBIT D
Prevailing Wage Rates
Weekend and Holiday Rate
The rate for weekend and holiday is 1 1/2 times base rate.
No Text
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CITY Of LUBBOCK
MINIMUM SPECIFICATION
" MEDIUM VOLTAGE MOTOR CONTROLLER
GENERAL
The intent of these specifications is to secure the services .of an-eleetrieal "contractor who will Ornish and
install three ipedium voltage motor controllers, hereafter referred to as controllers. All equipment shall be
furnished with all necessary hardware, software, and accessories toallow the unit(s) to .operate -as -specified
after installation. No additional purchases shall be required to make the unit(s) operational as specified
Each controller will have the same basic function, but will vary with respect to each individual motor.
Therefore, special attention must be given to section four of these specifications. In any case, each
controller must operate as intended for the motor it serves. Each srontroller shall be installedat 5102 -29th
Drive, Lubbock, Tx.
CURRENCY OF MODELS
All equipment shall be new and shall be current -production models. Discontinued models and models
about to be discontinued am not acceptable. All products shall be factory assembled and fully tested All
three controllers shall be of the same manufacturer.
PRODUCT INFORMATION
The vendor shall submit detailed and illustrated descriptions, schematics, and drawings for eachproduct
quoted
PRODUCT DEMONSTRATION
The City of Lubbock reserves the right to receive a demonstration of the product to verify that all specified
criteria can be met. The City of Lubbock also reserves the right to reject any or all bids or accept the bid
deemed most advantageous to the City of Lubbock
1'
BID COMPLIANCE
The vendor shall.comply with all specification requirements. Quotations shall be submitted on the City -of
Lubbocrs specification forms. All items on the forms shall be addressed Airy exception to any
specification or_rt-ofa specification shall be =Wandtxplauwd fully in the bid. Cltherwise,it is
understood that all requirements will be met exactly as specified and any equipment received that does not
meet the specification will be returned for full refund Quotations on items that do not meet the minimum
specifications,for each type of equipment will not be considered unless those exceptions are thoroughly
explained in the space provided.
DOCUMPNTATION
The vendor who is awarded the bid shall submit all original documentation on the product, lncbldinZ
software, drawings, hard copies of programs, manuals, and programming parameters of the product.
Copies of documentation instead of the originals are not acceptable.
MOTOR CONTROLLER FOR MOTOR # 7-3
DESCRIrTION
1.0 Cabinet;
1.1. Shall be fif steel construction
1.2 Shall be rptedNEMAl with -gasket
1.3 Shall not exceed 34 inches in width to meet space requirements
1.4 Shall have removable stover plate at .top and bottom .to accept line, load, and mtrol w remnduits
1.5 Shall have base mounting sill channels with mounting holes and removable lifting means
1.6 Shallbe capable of withstanding vertical or horizontal lift without_sustaining damage to -the
cabinet or any internal components with exception
to improper or careless lifting techniques used by installer
1.7 Shall have mechanical and electrical interlocks installed in a manner that:
a. Allows acpess to all compartments with disconnect in "open" -position
b. Allows user access to low voltage compartment while denying access to any other
compartment.withsiisc onnectin '.-closed--position
1.8 Paint finish shall be medium gray
1.9 Shall have removable_ covers on each end to allow access to._power bus for thepuxpose-of
"ganging" twp or more controllers together
2
2.0 Exterior Components
2.1 Shall have external disconnect switch with locking, Mpabjhty in "open" position
2.2 Shall have a three position switch for "Hand -Off -Auto" operation
2.3 Shall have one -push-button each for start and stop operation
2.4 Shall have a red "run" indicator light to operate when run contactors are energized
2.5 Shall have. provision for top -mounted field discharge resistors
2.6 Shall have Multilin 269 Plus mounted in door of low voltage compartment
2.7 Shall have solid state watt-hour meter (GE model CR192) mounted in door of low voltage
compartment
2.8 Shall have exciter field potentiometer mounted in door of low voltage compartment
3.0 Intgrior Components
3.1 Shall have autotransformer.
A suitable for intended use on 350 HP synchronous motor
B. protected with thermostat designed to open if autotrransformer becomes mrhea.ted
3.2 Shall haw test circuit plug with switching capability between normal and test mode
3.3 Shall have horizontal _power bus capable of supplying required load
3.4 Shall have copper ground bus of sufficient size for required load
3.5 Shall have non -load break isolation switch with visible blades and shutter mechanism
3.6 Shall have three current limiting power fuses
3.7 Shall have three current transformers
3.8 Shall have control circuit transformers with secondary voltage of 120 vac fused on primary
and secondary.side
3.9 Shall not include solid state exciter. Exciter is furnished by owner
3.10 Multilin 269 Plus motor protection relay shall be installed for motor protection
3.11 GE CR192 solid state watt-hour meter shall be installed and shall have dry contact outputs
_suitable for c onnection to SCADA system
3.12 Shall have field application and discharge contactor
3.13 Shall have.vacuum style 400 amp contactors
3.14 Shall have Multilin SPM synchronous motor -protection & control relay and be wired to the
controller, Multilin 269 Plus, G.E. CR192, and MTM as required for proper operation of
all components
3.15 Shall be supplied with necessary and properly sized field discharge resistors
3.16 Any electronic components contained in or added to this controller shall be compatible
with the chanige in calendar from 1999 to 2000. There must be no disruption ofmnric e
or ftmction of the controller upon the change of the millenium.
4.0 Application
4.1 Vendor shall ensure the controller will exactly match the following motor data:
(a) 350 horsepower
(b) Type AWB
(d) 40o C Rise.
(e) Power factor 1.0
(f) 2300 Volts
(g) 69.5 Amps
(h) 3 PH 60 Hz.
(i) 1800 RPM
4.2 Exciter 4ata as follows:
(a) DC generator
(b) Frame EX65
(c) Shunt wound
(d) 2 Kw
(e) 16 AW
(f) 125 volts DC full load
4.3 Controller shall comply with the National Electrical Code
5.0. ]j►'Iultilin 269 Pius Relay
5.1 Shall protect molorAgainst
(a) motor ovorload
(b) motor undercurrent
(c) . ground Wt
(d) voltage unbalance
(e) stator overtemperature
(f) mechanical Jam
5.2 Shall have current transformers that exactly match motor and controller requirements
5.3 Shall provide relay outputs, analog outputs, and spare input terminals.
5.4 Shall have a display for operator interface and fault diagnosis
5.5 Shall be installedwith drawout case option
5.6 Shall have communicationsport using Modbus RTU -protocol and have ability to interface
with PLC's including: Modicon , GE Fanuc, Squre D, and Allen - Bradley.
5.7 Shall have MPM option for metering purposes.
5.8 Shall be appropriately wired between motor controller, MPM,
SPM and G.E. 192 meter so as to require no further wiring or devices to ensureproper
operation of motor, .controller, and metering. devices.
5.9 Shall be installed on low voltage compartment door with display facing out when door.is
closed.
6.0 Multilin WM
6-1 Shall supplied with metering class CT's
6.2 Shall be wired to the Multilin 269 Plus so as to provide minimum required information
(a) voltage on ab, bc, ac and average
(b) ency
(c) power factor with + or - lead/ lag indication
(d) kw
(e) kvar
6.3 Shall be mounted on inside of low voltage compartment door
4
i
7.0 r4ultilin SPM
7.1 Shall have display for operator interface
7.2 Shall be -supplied with a drawout case to allow removal without need to unwire device
7.3 Shall control field application
7.4 Shall display field current and field voltage
7.5 Shall providepull-ut.protection
7.6 Shall have input terminals for:
(a) field voltage
(b) exciter voltage
(c) exciter current
8.0 Installation
8.1 The City wa.at it's zwnzxpense, anadditionto.the ng building -to-house-the
new controllers under consideration.
8.2 It is recommended that all bidders visit the site with the City's staffed r1ectriGcians fora
complete -overview of the installation requirements
8.3 It shall be the vendor's responsibility to perform all necessary research to -ensure that
all components within the controller and all components which are added will:
(a) be nearly installed
(b) perform as desired using the furnished motor data
8.4 Vendor shall install controllers at address shown.above
8.5 Vendor shall install controllers in compliance with National Electrical Code and local
ordinances
8.6 Vendor shall coordinate efforts with Citypersonnel to assure noninterruption of water
_pumping .capabilities
8.7 Vendor shall leave existing controller for 7-3 in place and utilize it's interoir space for the
termination of feeder conductors from the "load" side of the power fiises to the "line" side of
the new controllers inside the new building addition.
8.8 Vendor shall allow City staff to remove any usable components from old controllers
as the City's staff deem necessaryprior to disposal
8.9 Vendor shall install a housing of sufficient length, width, and height to enclose the existing
conduits for the motor leads for 7-4 and 7-5 and join existing controller for 7-3. Upon
completion of this installation, the exterior surface should be painted gray that should very
closely match other motor controllers in the same area. The enclosure shall have a
removeable top cover for access to qualified personnel.
8.11 Vendor shall lace two of the new controllers on the north wall of the new addition and
facing south with 7-3 being placed on the west end and 7-4 next to 7-3 on the right side.
These two controllers shall be ganged together using busbars of sufficient ampacity.
8.12 The controller for 7-5 shall be placed on the east end of the new building.addition facing
west. The line bus for 7-5 shall be olectricallyjoined to the line bus from 7-4 using.eithera
transition cabinet or conduit.
8.13 Vendor shall furnish any transition cabinets which may be required to_join the three
controllers together in the new building.
8.14 Each motor feeder shall be installed in it's own conduit. The feeder conductors that supply
power from the.existing 7-3 controller to the three new controllers shall be installed in a
separate conduit. Each motor's exciter wiring shall have independant conduits. All conduits
shall be grouped together, where possible.
8.15 Vendor shall furnish all wiring to complete the project, as designed
8.16 Vendor shall provide training to the owner's representative within 10 days of project
completion -
8.17 Any damage to the building or any surrounding equipment shall be the responsibility
of the vendor for repairs_
8.18 All valve controls currently in.place witin the existing controllers shall be wired to the
new controllQr so that the motor, controller, and valve maintain operation presently
in place.
8.19 All existing terminations to theprogrammable logic controller, valves, flowmeters,
SCADA systqm, or any other peripheral device shall be reterminated in the new
controllers.
8.20 Vendor shall maintain security of the building, insuring that the building and fence
around the perimeter be locked at the end of each day that installation is in progress.
8.21 Vendor shall thoroughly clean the area of all debris andparts upon completion of
thepn jest.
9.0 Drawings and Books
9.1 Vendor shall furnish owner with five copies of all O&M manuals, as built drawings -and
schematics for each controller ( one copy shall be on CD ROM)
9.2 Vendor shall furnish five copies of -each of theO&M manuals .and drawings of added
components (for example, Multilin, GE CRI 92, MPM, SPM and etc.) Only five for each
component will be_required,_not for.each cnntroller:_one-of_Which shallbe onACDRAM
available.
10.0 Spare parts
10.1 Vendor shall furnish three additional power fuses for each controller in addition to those
.requiresi for startup
10.2 Vendor shall furnish one complete set of fuses for all control transformers, control circuits,
and etc. for eachcontroller.'This requirement is in addition to the fuses required for initial
startup
10.3 Vendor shall furnish one set of any tools required for maintaining or adjustin-g the gap
setting pn the contactor vacuum bottles for each controller
10.4 Vendor shall furnish a listing of manufacturer's recommended spare parts including model
numbers and the distributor who furnishes these parts.
M
PW
i
CITY OF-UBBOCK
MINIMUM SPECIFICATION
MEDIUM N(OLTAGE MOTOR CONTROLLER
GENER#L
The intent of these specifications is to swvc. the services. of -an electrical -contractor who will furnish. and
install three mediumvoltage motor controllers,hereafter referredto as controllers.. All .eWipment shall be.
furnished with all necessary hardware, software, and accessories to allow the unit(s) to operate as.sp =fieri
after installat(on. No additional purchases shall be reqdred to make the unit(s) operational as specified
Each controller will have the same basic function, but will vary with respect,W cath individual motor.
Therefore, special attention must be given to section four cir these specifications. In any case,.each
controller must operate as intended for the motor it serves. Each controller shall be installed. at 5102- 29th
Drive, Lubbock, Tx.
CURRENCY OF MODELS
All equipment shall be new and shall be -c=urrent production models. Discontinued modelsand models
about to be discontinued are. not acceptable, All products shall be factory assembled and fully tested All
three controllers shall be of the same manufacturer.
PRODUgT INFORMATION
The vendor shall submit Retailed. and ilhmtraLed descriptions, schematics, and -drawings for eachproduct
quota
PRODUCT DEMONSTRATION
The City of Lqbbock reserves the right to receive a demonstration of the product to verify that all specified
criteria can be met. The City -of Lubbock also reserves the right to rrject any.or.allbids or.acoept-thebid
deemed most advantageous to the City of Lubbock.
r
BID COMPLIANCE
The vendor shall comply with all specification requirements. Quotations shall be submitted on the City of
Lubbock's specification forms. All items on the forms shall be addressed. Any exception to any
specification orpart of a specification shall be cited and explained fully in the.bid. Otherwise, itis
understood that all requirements will be met exactly as specified and any equipment received that does not
meet the specification will be returned for full refund.. Quotations on items that sio not meet the minimum
%xcifications- for each type of equipment will not be considered unless those exceptions are thoroughly
explained in the space provided.
DOCUMENTATION
The vendor who is awarded the bid shall submit all original documentation on theproduct including
software, drawings, hard copies of programs, manuals, and programming parameters of the product.
Copies of documentation instead of the originals are not acceptable.
MOTOIr OONTROEEER-FOR MOTOR it 7-4
DESCRIPTION
1.0 Cabinet:
1.1. Shall be @f steel construction
1.2 Shall be rated NEMA 1 with gasket .
1.3 Shall not exceed 34 inches in width to meet space requirements
1.4 Shall have removable cover plate at top and bottom to accept line, load, and control wire conduits
1.5 Shall have, base mounting sill channels with mounting holes and removable lifting means
1.6 Shall be capably of withstanding vertical or horizontal lift without sustaining damage to the
cabinet or any internal components with exception
to improper or careless lifting techniques used by installer
1.7 Shall have mechanical and electrical interlocks installed in a manner that:
a. Allows access to all compartments with disconnect in.".open", .position
b. Allows user access to low voltage compartment while denying access to any other
compartment with disconnect in "closed"position
1.8 Paint finikU shall be medium gray
1.9 Shall have removable covers on each end to .allow access to power bus for the purpose of
"ganging" twp or more controllers together
i
2.0 Extiprior Components
2.1 Shall have external disconnect switch with locking capability in "o..pen"_position
2.2 Shall have a three position -switch for."Hand-Off-Auto" operation
2.3 Shall have one push-button each for start and stop operation
2.4 Shall ha%a red. "run" indicator_light to operate.when run contactors am energized.
2.5 Shall have provision for tokmounted field discharge resistors
2.6 Shall havg. Multilin 269 plus mounted in door of lowvoltage compartment.
2.7 Shall have solid state watt-hour meter (GE model CR192) mounted in door of low voltage
comparUgent
2.8 Shall have exciter field potentiometer mounted in door of low voltage compartment
3.0 Interior Components
3.1 Shall have autotransformer.
A. suitable for'intendeduse.on300-BP synchronous motor
B. protected with thermostat designed to open if autotransformer becomes overheated
3.2 Shall havv. test circuit plug.with switching capability between normal and test mode
3.3 Shall have horizontal power bus capable of supplying required load
3.4 Shall have copper. groundbus of sufficient rAze for requiredload
3.5 Shall have non -load break isolation switch with visible blades and shutter mechanism
3.6 Shall have Om currentlimiting power fuses
3.7 Shall have three current transformers
3.8 Shall haw. control circuit transformers with secondary voltage of 120 vac fused on primary
and secondary side
3.9 Shall not include solid state exciter_ Exciter.is. furnished by flamer
3.10 Multilin g69 Plus motor protection relay shall be installed for motor protection
3.11 GE CR192 solid state watt-hour meter shall be installed and shall have dry contact outputs
suitablq-for c onnection to SCADA system
3.12 Shall have field application and discharge contactor
3.13 Shall haye vacuum style 400 amp contactors
3.14 Shall have Multilin. SPM synchronous motorprotection & control wlayand be wired to the
controller, Multilin 269 Plus, G.E. CR192, and MTM as required for proper operation of
all components
3.15 Shall be supplied with necessary and properly sized field discharge resistors
3.16 Any electronic -components, contained in or added to this controllershall be compatible.
with the change in calendar from 1999 to 2000. There must be disruption of service
or "on of the controller upon the change of the millenium.
4.0 Application
4.1 Vendor shall ensure the controller will sxactly match the following motor data:
(a) 500 horsepower
(b) Type F/A
(d) 40o C R*
(e) Power factyr 1.0
.. (f) 2300 Volts
(g) 97.7
(h) 3 PH�
(i) 1200 RPM
k 3
4.2 Exciter dVta.as follows:
(a) DC generator
(b) Frame 28+-
(c)
8¢(c) Shunt wound
(d) 3 Kw
(e) 24 AMP
(f) 125 vo#s. DC full load.
4.3 Controller shall comply with the National Electrical Code
5.0. *ultilin 269 Plus Relay
5.1 Shall protect motor -against.:
(a) motor overload.
(b) motor undercurrent
(c) ground fault
(d) voltage unbalance
(e) stator o�re�temperature.
(f) mechanicaljam
5.2 Shall have current transformers that exactly match motor and controller requirements
5.3 Shall prwdde relay outputs, analog outputs, and spare input terminals.
5.4 Shall haven display for operator interface and fault diagnosis
5.5 Shall be installed with drawout case option
5.6 Shall have communications portiising Modbus RTUprotocol andhave ability to interface
with PL(rs including Modicon , GE Fanuc, Squre D, and Allen - Bradley.
5.7 Shall have W -M option for metering purposes.
5.8 Shall be appropriately wired between motor controller, MPM,
SPM and G.E. 192 meter so as to require no further wiring or devices .to ensure proper
operation of motor, controller, and metering devices.
5.9 Shall be installed on low voltage compartment door with displayiacing.out when door is
clTe&
6.0 Multilin MPM
6.1 Shall be qupplied with metering class CT's
6.2 Shall be "-to-the Multilin 269 Plus sons to provide minimum required information:
(a) voltage on ekbc,.ac and average
(b)frequency
(c) power factor with + or - lead/ lag indication
(d)'
(e) kvar
6.3 Shall be mounted on inside of low voltage compartment door
4
7.0 bpitilin SPM
7.1 Shall have display for operator interface
7.2 Shall be supplied with a drawout case to allow removal without need to unwire device
7.3 Shall control field application
7.4 Shall display field current and field voltage
7.5 Shall provide.pull-oui protection
7.6 Shall have input terminals for:.
(a) field voltage
(b) exciter voltage
(c) exciter current
8.0 . Installation
8.1 The City will, at it's own expense, construct an addition to the existing building to house the
new controllers under consideration.
8.2 It is recommended that all bidders visit the site with the City's staffed electricians for a
complete overview of the -installation requirements
8.3 It shall be the vendor's responsibility to perform all necessary research to ensure that
all components within the controller and.all components which are added will:
(a) be neatly installed
(b) perfopn as desired us ng.the iurnislied motor luta
8.4 Vendor shall install controllers at address shown above
8.5 Vendor shall install controllersin compliance with National Electrical Code and local
ordinances
8.6 Vendor shall coordinate efforts with City personnel to assure noninterrtion of water
pumping capabilities
8.7 Vendor shall le
ave existing controller for 7-3 in place and utilize it's interoir space for the
termination ofrfeeder conductors from the "load." side of the power fuses to the "line" side of
the new contmllers inside the new building addition.
8.8 Vendor Oall allow City staff to remove any usable components from old controllers
as the City's staff deem necessary prior to disposal
8.9 Vendor s)>all install a housing of sufficient length, width, and height to enclose the existing
conduits for they notor leads for 7-4 and 7-5 and join existing controller for 7-3. Upon
completion of lm installation, the exterior surface should be painted gray that should very
closely match other motor controllers in the same area. The enclosum shall have a
rernovmble top cover for access to qualified personnel.
8.11 Vendor shall Place two of the new controllers on the north wall of she new addition and
Wing south with 7-3 being.placed on the west end and 7-4 next to 7-3 on the right side.
These two -controllers shall be-gan-god Nether using busbars of sufficient ampacity
8.12 The con
roller for 7-5 shall be placed on the east end of the new building addition facing
west. Thelinc bus for 7-5 shall be electricallyjoined to the line bus.from 7-4 using either a
transition cabinet or conduit.
8.13 Vendor shall.fiuvish any transition cabinets which may be required.to join the three
controllers together in the new building.
8.14 Each motor fcp&r shall be installed in it's own conduit. The feedermnductors that supply
power from tlw existing 7-3 controller to the three new controllers shall be installed in a
separate conduit Each motor's exciter wiring shall have independant conduits, All Donduits
shall be grouped together, where possible.
8.15 Vendor shall furnish all wiring to complete the project, as designed
r.,
8.16 Vendor shall provide training to the owner's representative within 10 days of project
completion.
8.17 Any damage to the building or any surrounding equipment shall be the responsibility
of the vendor for repairs.
8.18 All valve cont;:ols currently in }dace witin-the.existing-controllers shall be wired to the
new controller so that the motor, controller, and valve maintain operation presently
in place.
8.19 All existing terminations to the programmable logic controller, valves, flowmeters,
SCADA system, or any other peripheral device shall be reterminaated in the new
controllers.
8.20 Vendor shall maintain security of the building, insuring thatbe.building and fence
around the perimeter be locked at the end of each day that installation is in progress.
8.21 Vendor shall thoroughly clean the area of all debris and parts upon -completion of
.the project.
9.0 Drawings and Books
9.1 Vendor shall furnish owner with five copies of all O&M manuals, as built drawings and
schematics for each controller (onecopy shall be-on.CD ROM)
9.2 Vendor shall furnish five copies of each of theO&M manuals. and drawings of added
components (for•example, Multilin,.GE.CR192, MPM, SPM and etc.) Only five for each
component will be required, not for each. controller: one of which shall be on CD ROM
if available.
10.0 Spare parts
10.1 Vendor shall furnish three additional power fuses for each controller -in -addition to those
required for startup
10.2 Vendor shall furnish one complete set of fuses for all control transformers, control circuits,
and etc. for eachcontroller. This requirement is in addition to the fuses required for initial
startuP
10.3 Vendor shall furnish one set of any tools required for maintaining or adjusting the gap
setting gn the contactor vacuum bottles for each controller
10.4 Vendor shall furnish a. listing of manufacturer's recommended spare mrts.including model
numbers and the distributor who furnishes these parts.
6
CITY OF: LAJ88OCK
MINIMUM SPECIFICATION
MEDIUM yOCTA-GE MOTOR -CONTROLLER
GENER�L
The intent of these specifications -is to secure she servicres.of.an electrical .contractor who will filmishand
install three medium voltage motor controllers, hereafter referred to as controllers. All equipment shall be
furnished with all necessary hardware,. software, andarcessories to allow the-unit(s) to operate as specified
after installatpn. No additional purchases shall be required to make the unit(s) operational as specified.
Each controller will have the same basic function, but will vary with respect.to.tach individual motor.
Therefore, special attention must be given to section four of these specifications. In any case, each
controller must operate as intended for she motor it serves. Each controller shall be installed at 51Q2- 29th
, Lubbock, Tx.
CURRENCY OF MODELS
All equipment shall be new and shall be current production models. Discontinued models and models
.abut to be -discontinued are not acceptable. All products shall be factory assembled and fully tested All
three controllers shall be of the same manufacturer.
PRODUgT INFORMATION
The vendor shall submit detailed and illustrated descriptions, schematics, and drawings for each -product
quoted
PRODUCT DEMONSTRATION
The City of Lgbbock reserves the right to receive a demonstration of the product to verify that all specified
criteria can be met. The City of Lubbock also reserves the right to reject any or all bids- or accept the bid
deemed most fdvantageous to the City of Lubbock
BID COMPLIANCE
The vendor shall -comply with A specificatimroquirements. .Quotations shall be submitted nn. the City; -of
Lubbock's spgcification forms. All items on the forms shall be addressed Any exception to any
specification ogmd.ofaspe ificationshallbe-Lited,and tplainedfulI inxhebid. Otherwise, -it -is
understood that all requirements will be met exactly as specified and any equipment received that does not
meet the specification will be returned for full refimd. Quotations on items lhat-do_not meet the minimum
sl=Mcations for each type of equipment will not be considered unless those exceptions are thoroughly
explained in the space provided.
DOCUMENTATION
The vendor whpis awarded the bid shall submit all original documentation.nn.the product, including
software, draw!ngs, hard copies of programs, manuals, and programming parameters of the product.
Copies of documentation instead of the originals are not acceptable.
MOTOR-CONTROLLER-'ORMOTOR # 7-5
DESCRIIPTION
1.0 Cabinet;
1.1. Shall be of steel construction
1.2 Shall be ra,WNEMA I with -gasket
1.3 Shall not fxceed 34 inches in width to meet space requirements
1.4 Shall have removabl mver plate at lop and bottom to accept line, load, andnontrol wire conduits
1.5 Shall havq base mounting sill channels with mounting holes and removable lifting means
1.6 Shall be capable of withstanding vertical or horizontal lift without sustaining damage to the
cabinet or any interval components with exception
to improper or careless lifting techniques used by installer
1.7 Shall havf mechanical and electrical interlocks installed in a manner that:
a. Allows acFessio all comprtmentc w•hrn.open position
b. Allows user access to low voltage compartment while denying access to any other
compartment with. disconnect in "olosed'_pnsition
1.8 Paint finigh shall be medium gray
1.9 Shall have removable stovers on each end to allow access to power bus -for -the purpose of
"ganging" two or more controllers together
2.0
3.0
4.0
Eztfrior Components
2.1 Shall have external Asc onnent switch with Wdrigmprability in "open" -position
2.2 Shall havf a three position switch for "Hand -Off -Auto" operation
2.3 Shall have one }gush -button tach. for start. and stop operation
2.4 Shall havq.a red. "run" indicator light.to operate when run contactors are energized.
2.5 Shall have,.pmslision forsnp-mountedfield-discharge resissars .
2.6 Shall havj Multilin 269 Plus mounted in door of low voltage compartment
2.7 Shall have solid state watt-hour meter. (GE model CR192) mounted in door.of low voltage
com"em
2.8 Shall have exciter field potentiometer mounted in door of low voltage compartment
Interior Components
3.1 Shall have rmer:
A. suitable for intended use on 700 HP synchronous motor
B. protected with thermostat designed to open if autotransformer becomes overheated
3.2 Shall ",test circuit plug with switching capability between normal and test mode
3.3 Shall have horizontal powerbus.capableofsupplying =dre iload
3 4 _Shall haw copper groundbus of sufficient size for required load
3.5 Shall have -ton load break isolationswiWh with visible blades and shutter mechanism
3.6 Shall havf three current limiting power fuses
3.7 Shall have three.current transformers
3.8 Shall havF control circuit transformers with secondary voltage of 120 vac fused on primary
and seoondarXside
3.9 Shall not include solid state exciter. Exciter is furnished by owner
3.10 Multilin g69 Plus motor protection relay shall be installed for motor protection
3.11 GE CR192 solid state watt-hour meter shall be installed and shall have dry contact outputs
_suitablofor c onnection to SCADA system
3.12 Shall have field application and discharge contactor
3.13 Shall have vacuum style 400 amp contactors
3.14 Shall have Multilin SPM synchronous motor -protection & control relay and be wired to the
controller, Mgltilin 269 -Mus, GE. CR192, andlVd M as required for proper operation of
all components
3.15 Shall be died with nec essary.and4noperlyAzed fieldAischarge_registon
3.16 Any electronic component contained in or added to this controller shall be compatible
with the changein-calendarfmm 1999 to2000. There must b.- noAisruption.ofservaee
or function of the controller upon the change in millenium.
Application
4.1 Vendor shall ensure the controller will exactly match the following motor data:
(a) 700 horsepower..
(b) Type RAM
(d) 40o C Rise
(e) Power factor LO
(f) 2300 Volts. -
(g) 136.8
(h) 3 PH 6�
(i) 1200 RPM
4.2 Exciter 44ta as follows:
(a) DC generator
(b) Frame 324
(c) Shunt woupd. -
(d) 5 Kw
(e) 40 AW
(f) 125 votts DC full load
4.3 Controller shall comply with the National Electrical Code
5.0. Vulti in 269 Plus Relay
5.1 Shall protect tnotoragainst
(a) motor ovcfload
(b) motor und�Current
(c) .groundfaplt
(d) voltage un0alance
(e) stator overtemperature
(f) mechanicaljam-
5.2 Shall have current transformers that exactly match motor and controller requirements
5.3 Shall provide relay outputs, analog outputs, and spare input terminals.
5.4 Shall have a display for operator interface and fault diagnosis
5.5 Shall be ipstalled with drawout case option
5.6 Shall have communications port using Modbus RTU protocol and have ability to interface
.with PLVs including :.Modicon, 'GE Fanuc, gqure-D, and Allen - Bradley.
5.7 Shall have MPM option for meteringpnposes.
5.8 Shall be appropriately wiredbetween motor controller, NM
SPM and G.E. 192 meter so as to require no further wiring or devices to ensureproper
operation pf motor, controller, and metering devices.
5.9 Shall be installed on low voltageAompartmentidoor.with display facing -out whenAioor is
clofed.
6.0 Multilin MPM
6.1. Shall be4upplied with.metenng class CT's
6.2 Shall be wired to the Multilin 269 Plus so as to -provide minimum required information
(a) voltage on ab, bc, ac and average
(b) frequency
(c) power factor with +.or-.lead/.lag indication
(d) kw
(e) kvar
6.3 Shall be mounted on inside of low voltage compartment door
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7.0 r4ultilin SPM
7.1 Shall have, .display -for .operator.intesface
7.2 Shah be sppphed with a drawout case to allow removal without need to unwire device
7.3 Shall conVdIiieldapplication
7.4 Shall display field current and field voltage
7.5 Shall pray 4=11-outpmtection
7.6 Shall "input terminals for:
(a) field vol '
(b) exciter voyage
(c) exciter current
8.0 Installation
8.1 The City will,-at4t's -addition-tothe existing4mfldiiW-W4i use -the
new contrqucrs under consideration.
8.2 It is recommended that all bidders visit the site with the City's staffed-clectricians fora
complete overview of the installation requirements
8.3 It shall be the vendor's responsibility to perform all necessary research to ensure that
all component$ within the controller and all components which are added will:
(a) be neatly installed
ib) -perform as desired using the furnished motor data
8.4 Vendor shall install eor&ollers at address shown above
8.5 Vendor shall install controllers in compliance with National Electrical Code and local
ordinances.
8.6 Vendor shall coordinate efforts with Citypersonnel to assure noninterruption of water
pimping capabilities
8.7 Vendor shall leave existing controller for 7-3 in place and utilize it's interoir space for the
termination of feeder conductors from the "load" side of the power fuses to the tine" side of
the new controllers inside the new building addition.
8.8 Vendor spall allow City staff to remove any usable components from old controllers
as the City's staff deem necessary prior to disposal
8.9 Vendor ghall install ahousmg of suf'icientlengih, width, and -height to enclose the existing
conduits for the motor leads for 7-4 and 7-5 and join existing controller for 7-3. Upon
completion of AlsImstallation, the exterior surface shouildbe painted gray that should very
closely match other motor controllers in the same area. The enclosure shall have a
removeable top coverTor access to qualified personnel.
8.11 Vendor shall place two of the new controllers on the north wall of the new addition and
-facing south _with -7 3 being placed on the west endand-7-4next to 7-3 on Me fight side.
These two controllers shall be -ganged together using busbars of sufficient ampacity.
8.12 The controller for- 7=5 slug be placed on the east end oTfW new building addition facing.
west The line bus for 7:5 shall.beelectrically joined_to the line bus from 7-4 using tither a
transition cabinet or•conduit,
8.13 Vendor shall furnish any transition cabinets which may be required to join the three
i controllers together in: thenewhu-ilding.
8.14 Each motor feeder shall be installed in it's own conduit. The feeder conductors that supply
pourerfrom th existing? 3 controller to the three new controllers shall beimstalled in a
separate conduit. Each motor's exciter wiring shall have mdependant conduits. All conduits
shall be grouped together, where possible.
8.15 Vendor shall furnish all wiring to complete the project, as designed.
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8.16 Vendor shall provide training to the owner's representative within 10 days of-project -
completion.
8.17 Any damage to the building or any surrounding equipment shall be the responsibility
of the vgndor for repairs.
8.18 All valve controls currently in.place witin the existing controllers shall be wired to the
- - ncw=ntrvlleF so That the motor, controller, and valve maintain operation presently
in place.
8.19 All existing terminations-to-the pragrammablelogic Controller, valves,ibumeters,
SCADA system, or any other peripheral device shall be retenminated in the new
controllers.
8.20 Vendor shall maintain security of the building, insuring that the building and fence
around Oe perimeter-belocked at the end oTeach day thatinstallation is in progress.
8.21 Vendor shall thoroughly clean the area of all debris andparts upon completion of
project.
9.0 Drawings and Books
9.1 Vendor" furnish owner with five.copies-ofall O&M manuals, as builtArawings.and
schematics for each controller ( one copy shall be on CD ROM)
9.2 Vendor shall furnish iveeopies.of .each of theO&M.mannalc and drawings.of added
components (for example, Multilin, GE CR192, MPM, SPM and etc.) Only five for each
component will be n=uired,-noifornachCon miler one of whichshallbe_on.CDROM
if available.
10.0 Spare parts ,
10.1 Vendor shall furnish three additional power fuses for each controller in addition to those
required for startup
10.2 Vendor shall furnish one complete set of fuses for all control transformers, control circuits,
and etc. for eachcontroller.–fins regWrementis in addition to the fuses reginred for initial
startup
10.3 Vendor shall furnish .oneaetnfmW tools required -for maain ainin-or-justingthe-gap
setting -qn the contactor vacuum bottles for each controller
10.4 Vendor shall fumishalisting.of,nan of -manufacturer's including._recommended.aparelrarts.model
numbers and �e distributor who furnishes these parts.
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