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Home My WebLink AboutResolution - 5056 - Contract- ABB Kent Taylor Inc - LP&L Plant 2 Controls For Boilers #4 & #5 - 12/14/1995-Resolution No. 5056 December 14, 1995 Item #17 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract and all related documents by and between the City of Lubbock and ABB Kent Taylor, Inc., of West Henrietta, New York, to furnish and install all services and materials as bid for the Lubbock Power and Light Plant 2 Controls for Boilers No. 4 and No. 5, which contract is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fu1jy-0-o—pi'e-d1Nin in detail. Passed by the City Council this ATTEST: Betty 94. Jolifisok City Secretary APPROVED AS TO CONTENT: Victor Kilman, P chasing Manager APPROVED AS TO FORM: G. Vandiver, First Assistant City Attorney DGV:dp:lcdocs\ABB.Res December 4, 1995 CH Y OF LUBBOCK SPECIFICATIONS FOR LP & L PLANT 2 CONTROLS FOR BOILERS #4 & #5 BID #13409 6" ffazm ed Yl W�o G H H O z U„ 0 M rn r N 1 CITY OF LUBBOCK Ln Lubbock, Texas ---L-ll City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 r E306-767-2167 r MAILED TO VENDOR: OLD CLOSE DATE: NEW CLOSE DATE: Office of Purchasing November 13, 1995 November 15, 1995 @ 2:00 P.M. November 22,1995 @ 2:00 P.M. BID #13409 - LP & L PLANT 2 CONTROLS FOR BOILERS #4 & #5 ADDENDUM #1 Where any item called for in the bid documents is supplemented here, the original requirements, not affected by this addendum, shall remain in effect. 1. The closing date has changed: from: November 15, 1995 @ 2:00 P.M. to: November 22, 1995 @ 2:00 P.M. 2. The time for completion is changed to 130 consecutive calendar days from the date specified in the Notice to Proceed. 3. The following changes should be made to the first paragraph of clause 1, Scope of Work: Change programmable logic controllers to PID capable, microprocessor -based loop controllers and change the last sentence to read PLC and PC based systems will also be considered. 4. Clause 2. 1, Timing should read as follows: Installation of the boiler control systems is desired by May 1, 1996 5. Change clause 3, Qualification to read as follows: Bidders shall have furnished a similar operational system to a utility or to an industrial facilityfor a boiler with at least an equivalent steaming capacity and control complexity. 6. Add to clause 5, Equipment Requirements under the section headed Gas Flow Controller the following: Output required.• -gas control valve 7. Clause S, Equipment Requirements, replace section headed Steam Temperature Controller with the following: Steam Temperature Controller. The steam temperature controller shall match the other controllers in the system and shall control the attemperator valve (Boiler #S) or steam temperature control dampers (Boiler #S) in response to changes in the superheated steam temperature and a feedforward signal of boiler load. Digital displays shall include: - controller output -superheated steam temperature -superheated steam temperature setpoint Inputs required.• superheated steam temperature -airflow controller output Output required.• -attemperator valve or damper actuator 8. Some variation to the functional arrangement specified for each controller may be acceptable to suit the Vendor's standard proven design, such as the accomplishment of some of the required operations with an additional or alternate controller. On the air flow/OZ trim controller, inputs of flue gas temperature and combustion air temperature are required for the calculation of boiler efficiency. On the feedwater controller, inputs of steam pressure and steam temperature are required for the calculation of compensated steam flow. This steam flow output is for display on one of the chart recorders. Steam pressure shall be the pressure measured at the steam drum. 9. Clause S, Equipment Requirements, add the following to Strip Chart Recorders: Recorder #I inputs shall be: -drum level feedwater,Jlow -compensated steam,Jlow superheated steam temperature r y r r Recorder #2 inputs shall be. steam pressure -gas flow airflow percent oxygen Recorder #3 inputs shall come from auxiliary plant 10. Current -to -pressure transducers are not required for the air damper actuators. These will be sourced separately 11. Clause 5, Equipment Requirements, replace Control and Display Panel section with the following: The control panel for each boiler shall be a NEMA 12 standard free standing enclosure but without the rear door fitted. They shall be installed in the air conditioned boiler control room. Construction shall be of 12 gauge steel. Panel finish shall be white interior with ANSI 61 gray exterior f nish. An exhaust fan, inlet ventilation grill and fluorescent cabinet light shall also be provided 12. Clause 11, Commissioning and Training replace adequate training with Five days training. All requests for additional information or clarification must be submitted in writing and directed to: Questions may be faxed to: PLEASE RETURN ONE COPY WITH YOUR BID Ron Shuffieid Senior Buyer City of Lubbock P. O. Boz 2000 Lubbock, Texas 79457 (806) 767-2164 CITY OF LUBBOCK REQUEST FOR BIDS FOR TITLE: LP & L PLANT 2 CONTROLS FOR BOILERS #4 & #5 ADDRESS: LUBBOCK, TEXAS BID NUMBER: 13409 PROJECT NUMBER: 9056.8280 CONTRACT PREPARED BY: PURCHASING DEPARTMENT K-1 NOTICE TO BIDDERS GENERAL INSTRUCTIONS TO BIDDERS BID SUBMITTAL - BID FOR LUMP SUM CONTRACTS PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACT GENERAL CONDITIONS OF THE AGREEMENT CURRENT WAGE DETERIVIINATIONS SPECIFICATIONS SPECIAL CONDITION NOME TO BEDDERS 7 7 NOTICE TO BIDDERS BID #13409 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 71 15th day of November, 1995 or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials a and perform all work for the construction of the following described project: �- "LP & L PLANT 2 CONTROLS FOR BOILERS #4 & #5" t� After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Purchasing Manager and publicly read aloud. It is the sole responsibility of the bidder to insure that his bid is actually in the office of the Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written. i. The City of Lubbock will consider the bids on the 7th day of December, 1995. at the Municipal Building, 1625 13th Street, Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any formalities. The successful bidder will be required to furnish a performance bond and payment bond in accordance with Article 5160, Vernon's Ann. Civil St., in the amount of 100% of the total contract price in the event that said contract price exceeds $25,000.00. Said statutory bonds should be issued by a company carrying a current Best Rating of P or su rior as the rating of the bond company is a factor that will be considered in determination of the lowest responsible bidder. If the contract price does not exceed $25,000.00 the said statutory bonds will not be required. Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check issued by a bank satisfactory to the City of Lubbock, or a 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 (51/o) 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 ten (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 dn all local conditions i 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 8th day of November.1995, at 10:00 o'clock a.m., in the Training Room, L-01, 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 !j 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. *� i. 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) 767-2281 at least 48 hours in advance of the meeting. CITY OF LUBBOCK VICTOR PURCHASING MANAGER Bid documents may be obtained upon mqucst from the Purchasing Department 2513th Street, Room L-04, Lubbock, Texas 79401; Telephone (806)767-2167/Faz (806)767-2164. GENERAL INSTRUCTTONS TO BIDDERS 2. 3. f 4. GENERAL INSTRUCTIONS TO BIDDERS SCOPE OF WORK The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with contract documents for the LP & L PLANT 2 CONTROLS FOR BOILERS #4 & 45. 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. 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. No bidder shall request any information verbally. -All written requests for additional information or clarification concerning this bid must be addressed to: RON SHUFFIELD SENIOR BUYER CITY OF LUBBOCK P.O. BOX 2000 LUBBOCK, TX 79457 FAX (806)767-2164 5. T1iViE AND ORDER FOR COMPLETION i The construction covered by the contract documents shall be fully completed within 90 (NINETY) consecutive calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. The Contractor will be permitted to prosecute the work in the order of his own choosing, � Pe P g, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take such action as the City deems necessary to insure completion of the project within the time specified ,. 6. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 7. AFFIDAVITS OF BILLS PAID The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been notified. S. 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). 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. 11. PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract has been awarded, to require of a bidder the following information: (a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the intended contract and all work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 12. ;TEXAS STATE SALES TAX This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04 of the Texas Limited Sales, Excise and Use Tax Act. The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be incorporated into the work without paying the tax at the time of purchase. 13. PROTECTION OF SUBSURFACE LINES AND STRUCTURES It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground structures which might or could be damaged by Contractor during the construction of the project contemplated by these contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities a ti. Poll 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. t 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. r In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall fiurther 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 b 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 famish 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 insurance certificates furnished shall name the City as an additional insured and shall further state that all subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from the �. Contractor to the effect that no work on this particular project shall be subcontracted. 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 i, 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 5159x, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem wages in these contract documents does not release the Contractor from compliance with any wage law that may be applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays unless the following conditions exist: (1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its citizens. (2) Delays in construction are .due to factors outside the control of the Contractor. The Contractor is approaching the penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract within the allotted time. Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and obtain written permission from the Owner's Representative to do such work. The final decision on whether to allow construction.work requiring an inspector on weekends or holidays will be made by the Owner's Representative. In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life. 19. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate of per diem wages, which schedule is included in the contract documents. The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per diem wages included in these contract documents. 20. PROVISIONS CONCERNING ESCALATION CLAUSES Bids submitted containing any conditions which provide for changes in the stated bid price due to increases or decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder without being considered. 21. PREPARATION FOR BID The bidder shall submit his bid on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shall state the price bothinwords 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. t BID SUBMITTAL a BID SUBMITTAL LUMP SUM BID CONTRACT PLACE: �-y!3 OVK TLS xff S DATE: PROJECT NUMBER: 13409 - LP & L PLANT 2 CONTROLS FOR BOILERS #4 & 05 Bid of A QA AE/Y7 — TRYGo 0" (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 G o^v""e— jC Y -S 7X?' -f 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. G ,OD /�!//�E TNt7uS/F/V0 ^t1,yr MINWxV 011AY o7IVC- MATER1ALS:,S/X7Y' SERVICE S:�cEy�Nty �76/377tioriSRivp FoV,c. /l�,avp�e� NIN6'TY FI WE* °��so (s j8 TpSO O oN� �✓uiv,cieero �o�rr �i��T ?'NvvrW"� �""d- ($ TOTAL BID: i/u �o.eE-p F/FTy -SO2( a°%o 0 (Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words shall govern.) Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 90_ consecutive calendar days thereafter as stipulated in the specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of S200.00 (TWO HUNDRED DOLLARS) for each consecutive calendar day in excess of the time set forth hereinabove for r completion of this project, all as more fully set forth in the general conditions of the contract documents. t; Bidder understands and agrees that this bid submittal shall be completed and submitted in accordance with instruction number 20 of the General Instructions to Bidders. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids. 7, The undersigned Bidder hereby declares that he has visited the site of the work and has careauy examined the plans, .cifications and contract documents pertaining to the work covered by this bid, and he fiuther 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 rec omse to the order of the City of Lubbock in an amount not less than five percent (5% ) of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within ten (10) days after notice of award of the contract to him. Enclosed with this bid is a Cashier's Check or Certified Check for Dollars ) or a Bid Bond in the sum !?4M f!oaDida 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 and the required bond (if any) with the Owner within tea (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 hum for his inspection in accordance with the Notice to Bidders. A?4 9 kEl✓>— 7 o, o C - G10Q%T (Printed or Typed Name) ,46yvLoloe Co PT Sox- Zo ss20 Address , �oA� PoE City, County J(/�kV 4'0�'� /yGoa. -as o State Zi Code Telephone: (`%/t!O) A'4— Gal Fax Number. (7/6 ) g? 7 —!aa B a - (Seal if Bidder is a Corporation) ATTEST: FSecretary 7 7, ABB ASEA BROWN BOVERI BILL OF MATERIALS CITY OF LUBBOCK BOILER #4 & #5 CONTROL SYSTEM LUBBOCK POWER & LIGHT PLANT #2 R5-432 11/17/95 ITEM 01Y PART NUMBER CONTROL HARDWARE 1 2 2002NZ10801 C 2 2 2004PZ10102B 3 2 2010PZ10000A 4 12 2001 AZ10101 A 5 6 2002AZ10101A 6 6 2012AZI 0101 A 7 12 2003AZ10101 A 8 4 2009AZ10130A 9 4 2004AP10140A 10 2 2005AP10120A 11 2 2030FZ00002A 12 2 203ONZ10000B 13 2 2034NZ10000A 14 14 X2050 RZ 10102A 15 6 PR104BOA00000111ST SUBTOTAL CONTROL HARDWARE CABINETRY, INSTALLATION, AND EXPENSES 16 2 LOT 17 2 EXPENSES SUBTOTAL CABINETRY, INSTALLATION, AND EXPENSES OPERATOR STATION HARDWARE 18 1 1733NZ10101 A OPERATOR STATION HARDWARE SUBTOTAL SOFTWARE 19 1 2006SZO2002A SOFTWARE SUBTOTAL PROJECT SERVICES 20 1 5 -DAY TRAINING COURSE 21 1 5 -DAY (. 22 1 2 -DAY 23 1 LOT 24 1 STANDARD SUBTOTAL PROJECT SERVICES DESCRIPTION MODCELL MULMLOOP PROCESSOR (FL) IDENTITY MODULE -BATCH MEMORY MODULE VOLTAGE INPUT MODULE CURRENT INPUT MODULE CURRENT INPUT MODULE WIT POWER CURRENT OUTPUT MODULE RTD INPUT MODULE SS RELAY INPUT MODULE 11 OVAC SS RELAY OUTPUT MODULE 11 OVAC NO ICN TERMINATOR (FL) ICN COMMUNICATIONS MODULE RS -485 COMM. MODULE, 4 -WIRE SINGLE LOOP CONT SPR -90040 4 -PEN STRIP CHART RECORDER $38,394 INSTALLATION`* TRAVEL, SITE LIVING, SHIPPING $39,684 MINI COMMUNICATION LINK 1 ICN $979 MODCELL APPLICATION BUILDER $826 OPERATOR / MAINTENANCE AT SITE SITE STARTUP ASSISTANCE PROJECT DEFINITION MEETING MODCELL CONFIGURATION DOCUMENTATION SET $38,811 FIELD DEVICES 25 4 523TBO1243A0100-1000 26 4 503TBO1262AO100-1001 27 2 505TBO1252AO100-1001 28 6 505TBO1252AO100-1001 29 2 ZMT234001 30 2 ZFG2-212001022 31 6 WSP1 A1 -5.5-3A 32 6 1-1OR-6 33 9 TIP IFA300 34 9 1004FA03110B 35 12 48S201 SUBTOTAL FIELD DEVICES TOTAL PROJECT GAGE PRESSURE, SS, MTG BKT, CAL DRAFT RANGE DP, SS, MTG BKT, CAL LEVEL, SS, MTG BKT, CAL FLOW DP, SS, MTG BKT, CAL OXYGEN ANALYZER SYSTEM ZIRCONIA OXYGEN PROBE 6" RTD SS WELL VP TRANSDUCER FILTER REGULATOR WITH GAGE THREE VALVE MANIFOLD $29,762 "INSTALLATION OF BOTH UNITS TO RUN IN PARALLEL ONLY $148,456 LIST OF SUBCONTRACTORS Minority Owned Yes No Missouri Valev Inc. I. P.O. Box 7747_ — �- Amarillo, Texas 79114-7747 3. — — d — 7. — 8. 9. — — 10. — — NOV 14 '95 03:36PM JOHNSON & HIGGINS CHUBB GROUP OF INSURANCE COMPANIES NUBS 15 Mountain View Road. P. Q Bax 1616, Warrer+, New Jersey 07061.1815 FEDERAL. INSURANCE COMPANY BID BOND Amount i 6% of bid amount Bond Na. 81413057-G Know All Men By TheSe PrOSents, That we. ABS Kent.Tayior, Inc. P.O. Box 20550 �•. Rochester, NY 146024)S50 (hereinafter called the PdrdAail lzed the pr "s ofi, �StM of the FEDER& d (h� sC� a* Suretyi asSSu are h grmiy bound urs Under the Isyys a�E the mayor 6 City Council City of Lubbock. Texas Lubbock, TX (heralnafter called the Obt19e5), d Dollars in the sum of Five percent of bid amount i (65� of bid amount�. for the PWMfit of twhtch vre, the said P eerereriY firmly by thebind presents- Sealed m ^� s. our helm exeartors, advair►�str00M successors and assigns, JointlwA y Sealed with our $eals and dated 11115 fourteenth day of November A. a. nineteen hundred and pinety live WHOWAS, to principal has submitted a bid. dated November 15 . •1995 for Boiler Control System for Lubbock Power & Light Plant 62 UP9Mde NOW, THEFtEFOM THE CMDMON OF THIS OBUt3ATlON IS SUCH. W If to ObIIQw "wl such slid of the Prindpal and the Prlrtaipai shall enter 11"Wa c�rrtract with the Obligee in &=ordanwgive bond �I��r Into such contract and such bond, If the PrlAalpal *Wadormartc* of such I pay b� he Obligee the arintheewentdthetWiLn at the Prindp bt sskl bid ,arid the aRnount for which ferew% not Io owed the pe�ralty hereof, batwaer� the atitount speclfled _ the Obllpee ul dw ffornter; than this obligation shall be null andlo perion tvoid, otherwise W remain In full forces and eff x:L be m e�oCes9 Sir By; y -- Vincent Moy, WIb.n 15-01�00t V%-4 q WOFM NOV 14 'Vt` 1 J:J(kjM J'C)Nb(JN & tilbbl1'6 F U POWER OF ATTORNEY FEDERAL INSURANCE COMPANY ATTR: SURETY DEPARTMENT 15 Mountain View Road, Warren, NJ 07059 Telephone: (908) 803-21M Fax No.: (908) 903-3856 Know alt Men bytivese Pmsents. That FEDERAL DOURANCE COMPANY, an Ind lana Corporation, has co m toted and .. appoirfed, and does hereby cons hft and appoint Vincent Noy, Catherine Rosano, Ana V. Oliveras, Williaa J. Paterno and Theresa Giraldo of New York, New York ------- each Its tim and lawiutAttomey-iri-Fact to awcute underauch designation In Its name and to sffac Its corporate seal to and detnrer for and on Is behalf as surety thereon or otherwise. bonds dFf any of the following dasses, to -wit: , 1. Boi ds and Undertaldrip (otherthan 8d Bonds) filed M any suit, metier orproceedfng in any Court, or sled with any Sheffl or Magistrate, for the doing or not doing of anything specified in such Bond or Underaft. 2 Surety bonds to the United States of America or agency thereof, Including those Mquked or permitted under the laws or wguiabons reftV to Customs or Internal Revenue; license mind Penns Bonds or other kxWmnity bonds, under the laws, ordinances or regulations of any State,City, Town, V114s, Board crother body oro on public bonds ioTmnsportation Companieoost ntease Bonds, Wows' Compensation Bonds. Mfsd elianeous Surety Bonds and bonds on behalf of Notaries Public, Shedift, Deputy Sheriffs and anular public offidals. 9. Bonds on behalf of contractors In connection with bids, proposals or eontractL In Wanes$ Whereof. the said FEDERAL INSURANCE COMPANY hoe, pursuardlo Its By -Laws, an, these presents to tie signed by Its Vice President and Assent Secretary anti Its corporate seal to be hereto affixed this 3rd day of May is 95. AsslstaritSecrotsry STATE OF NEW JERSEY sig, County of Somerset FEDERAL INSURANCE COMPANY By Gerardo G. Mauft Moe Pra iderd On this 3rd day of May 19 95 , before me personally came Kenneth C. Wendel to me known and by ma known to beAssistant Secretary ofFEDERAL INSURANCE COMPANY, the corporation described in and which executedthe foregoing Power of Attorney, and the said Keruteth C. Wendel being by one duty swum, did depose and say that he is Assist= Secretary of tFEDERAL. INSURANCE COMPANY and knows the oorporate Ess! thereof: that the seat affnd to the foregoing Power afAltorney la such corporate seal and was thereto affixed by authority of tree By -Laws at said Compar% and that he signed Bald Power ofAttorney asAssistant Secretary of said Company by like authority; and that he is nemuainted with+ Gerardo G. Mauft and knows him to be ttne Vice President of said Company, and that the signature of said Gerardo G. Mauriz subscn'bed m said Power of Attorney is In the genuine handwrhing of said Gerardo G. Maurlt arta was thereto subscribed by arJthority of said By - Laws and In deponenCs presence. Notariat Seal Acknowledged and Sworn to before me rTOiA^ op on the date above written. FrJriIC 2m, >R'SY'L2_, Notary Public W THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTWHY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE WRITE TO US AT THE ADDRESS LISTED ABOVE. k tam W16434 Pe§44) GENERAL JANET A. SCAVONL Nowry Public, Stars of New Jerzy No. 20663%) Commic1,10n FAp=jJanuarr 6.200 r NOV 14 '95 03:37PM JOHNSON & HIGGINS CERTIFICATION STATE OF NEWJERSEY � �. County of Somerset P. 4!6 RANCE !x the By4zws of the saidCompany ryOf 1 DER adopted by its Board of�D'iream and thatPANY. do �ttn's Sy. aw is In fucartify that the lQbre and effect. excerptfromfhe 'ARTICLE XViii. Section ?-All bonds, undertakings. contrails and other Instruments other titan as above for and on beW of the Conpany whim kis authorized by taw orb d>tlrtertD execute, mayand shall be executed in"dame nihil on behalf of foe COrmpeny either bythe Chairman ori he Vice Cheinnan or the President or a Vrce President, jotniy with ttte gecretaryor anA3sistaM Secretary, undertheir n>mPective designations, except that any one or more of5cem or attorneys.lrj f8zt dsefgnatod In any resolution of the Board of Directors or the Executive CommkW% or in anypower Of attorney examded as provided for in &wgioexecn I below, may execute wry such bond, undertaking or other as provided in such resolution or power of atmfm* Section LANpowers of attorrtayforand on behalf of the Company may and uta! be executed In the name and on behalfof I Ctiampan . eilther 6y the Chairman or trie Yrce Chafmten or ftre Pmadm t' or a Yhce President or an Assisstant Vice President. Itiy with the Secretary cr an Assistant Secretary, under their respective designations.' The signature of such d5cers may be engraved, prfniad or rah ' hed. like signaWre of each of the following of vers. Chaiman, Yoe C hair- man, President. any Mice President arry�nt We President, any Seu:ne� Ass "Vg Serxetary and � seal of many may M%wd by facsimile to any power of attomey or to any oe ' relating thereto appointing Assb=t rt►eys-inn-Fad for puq=m only of executing And ROWng bonds and undertakings and other wrWNs atony In the nature thereof, and any such power of ezoomey oroar a bb" ft do h facsimile sigflare tuortuaimile sfta be valid and Unding upon the Company and any such power so ex and oertiw by such facsfmfle signs. fire and foosir lie seal OWI be varrd and birhding upon fire +Company with respect to any bond or undertaking to which it is attachad.' 1 I further cartifythat said F'EDMIAL INSURANCE COMPANY fe duly 6oansed to transact fidelity and surety bus'urew in each of tfhe States of the United States of America, District of Columbia, Puerto Roo, and each of they Pmvfnoes of Canada with the, awaption of Prince Edward Island; and is also &Ay licensed to become sole surety on bonds, undertakings, err~. pemritted or required by the law. L the undersigned Asshfiant Secretary of FEDERAL INSURANCE COMPANY, do hereby canny tat the foregoing Power of �., Attorney Is In full force tW effect, K QY 14 CMYen under my hand and the seal of said Company at Warren., N.J., this day of Corporate a" w r r: NOY 14 '95 03:38PM JOHNSON & HIG GINS P.5i6 State of NEW YORK County of NEW YORK On this, 4th _,qday of vemb 19 25, before me personally came Vincent Mop _ who, bd& by me duly sworn„ did depose ad say that he/she is an Attorney In Fact of the FEDERAL INSURANCE CONTANYp and knows the corporate seal thereof that the seal affixed to said annexed instrumm is such corporate seal, vW arae thereto affixed by authority of the Power of Attorney of said Company, of it u a Certified Copy is hereto attached, and that he/she signed said instrument as an Attorney-laFaat of said Company by like authority. ANA W. C NERAS NOTARY PUBLIC. SWAP Of Off MOtf; Na 02 4010178 /, 4utaWW h hex 1' Gamm*W00n Serra Jro.1�,18 7, Aelmowledged and Sworn to before me on the date above wrinen a-.90.- NotaryPuhlic Suture PAYMENT BOND �©SNF:��► OpZE STATUTORY PAV W TT BOND PURSUANT TO ARTi IQ,E S 160 OF THE REVISED CIVIL STATUTES OF TEXAS AS MENDED BY ACTS OF TIM 56M LEGLq ATURB, REC;ULAR SESSION, BOND #81444528 1959 KNOW ALL Nom' by iMSB PicFSZNTS, that ABB Kent -Taylor Inc. OMVT� called the F&cipal(s), as pzinci;W(S). and Federal Insurance Comvanv (itiereinaEu eall��dd ssur (t) S s a and fin p bound auto the City of Lubbock (lyc�cina8er called the Zine huneditous� Obligee), In the BCI+ OVIIt Of frn»- t,nriAr,- f�, ft� 9 & nn f,Q, (5148.456.00lautd money of the United States for the Pa3 meat wbereof, the said Principal and Surety bind Omselvts, and their heirs, administrators, executors, successors and assigns, jointly and severally. Znnly by these presents WRFAS, tWe ?riacipal has entered into a certain written contract with the Obligee, dated the day of ,i9 .to Boiler Control System for Lubbock Power & Light Plant #2 Upgrade and sold Principal tu.Gcr the law is required before commencing the work provided for in said contract to execute a bond in the amuont of said coria Which eor4mct is h=by referred to and made a part hereof as AMY and to the same extent &: if copied at Iengilt herein NOW, LLM=— ORF,, TFIE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal sbaU pay all cisiasOs�ats suppl�►ing iaoor and material to him or a swbeontracuu is the prosecution of the Work provided for in said coftact, tbcn, EMS obli&Won shat; to void; otherwise to remain in full force and effax; PROVIDED, HOWEVER, Lint this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes orTcw as amender by Acts of the Stith Legislature, Regular Session, 1959, and all liabilities on this bond shall be datetmined in ` acoordaace With the provisions of said Article to the same extent as if it were copied at length herein. IN WrIWEMSS WrMEOF, the said Principal (s) and Surety (s) have signed and scaled this bm=cIIt this 21st day of �1995 _F d Surety i•u+e) Vincent Moy, attorney-in-fact COUNTERSIGNED BY: LICENSED RESIDENT AGENT ABB Kent -Taylor Inc. Principal BY- (Titie) P /,f -m -m , /tea 3ar7- &-A r By: -- critle) By: (Iitle) 1 I; The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety i (Title) Approved as to form: I. City of Lubbock I' By: City Attorney * Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. t. P a PERFORMANCE BOND -AMD CHECK CEST RATING._.. UCENS D TEXAS I)ArE BY r STAT'UT'ORY PERFORMANCE BOND PURSUANT TO ARTICLE S 160 OF Tac REV.SED CIVM sS ATU'1"r.S OF TEXAS AS AMENMED BY ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION 1959 BOND #81444528 ABB Kent -Taylor Famw ALL MCN BY ;MISE PRESENTS,1bzt Inc. (hadnaftet called the Princigsl(s), as Pdwipal(s), and Federal_• Insurance Company ,f �:LE°1ri Icr Called the :-sretq(s�, as Surety(*), are held gad firmly bound uthe City of Lubbock (he miaaiier tailed the Obligee), in One hundre fort eight tho sa nto (S' 1486_M lawful money of the United States for the 7w* nt whereof; the 5aip� Principal Surety bind themselves, and their heir, admi.aistratm, tz=tnrs, successors and a$signs, and setirialy, i._--aly by these presents. WfiEREAS, tom: Principal has entered into a eeriain written contact with the Obligee, dated the _ day of .19_,tn Boiler Control System for Lubbock Power & Light Plant #2 Upgrade said principal ur, the law is required before commencing the work provided for in said contract to execute a bond in the umuar of said coatrac, which oantrad is hereby referred to and made apart hereofas felly and to the same extent as if copied at NOW, 7HEI�EFORE, TIME CONDITION OF THIS OBLIGATION IS SUCH, that if the said Fn=pal shall faithfully FX6=Cacw*&in&=rdan with the plans, spetdfications and contract documents, then this obligation shalt be void; OdUnvisc to remaia in f jU force &ad cZ=L FPROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article S 160 of tha Revised Civil Statues of Texas as amended irk Ac's of the 56th Legislat = regular session 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein21s. IN VATNE5S WIMEOF. the said Principal (s) and Surety (s) have signed and scaled this instrument this _ day of December '19-9-5. Federal,,T-nNurance C m any ABB Kent -Taylor Inc. Surety Prindpal r tle)Vincent Moy, att rney-in-fact FCOUNTERSIGNED BY: LICENSED RESIDENT AGENT 19 l3Y (Title) 7 r Know all Men by these Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, has constituted and appointed, and does hereby constitute and appoint Vincent Moy, Catherine Rosano, Ana W. Oliveras, William J. Paterno and Theresa Giraldo of New York, New York -- -------------------- each its true and IawfulAttomey-in-Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to -wit 1. Bonds and Undertakings (other than Bail Bonds) filed In any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking. 2 Surety bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State, City, Town, Village, Board or other body or organization, public or private; bonds toTransportation Companies, Lost Instrument Bonds; Lease Bonds, Workers, Compensation Bonds, Miscellaneous Surety Bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials. 3. Bonds on behalf of contractors in connection with bids, proposals or contracts. In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Laws, caused these presents to be signed by its Vice President and Assistant Secretary and its corporate seal to be hereto affixed this 3rd day of May 19 95. r}hRf,� k W '... ., '1 Assistant Secretary STATE OF NEW JERSEY 1 �, County of Somerset J FEDERAL INSURANCE COMPANY BY utcN' Gerardo G. Maurtz Vice President On this 3rd day of May 19 95 , before me personally came Kenneth C. Wendel to me (mown and by me known to beAssistant Secretary of FEDERAL INSURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duly swom, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power ofAttomey is such corporate seal and was thereto affixed by authority of the By -Laws of said Company, and that he signed said Power ofAttomey asAssistant Secretary of said Company by like authority; and that he is acquainted with Gerardo G. Mauriz and knows him to be the Vice President of said Company, and that the signature of said Gerardo G. Mauriz subscribed to said Power of Attorney is in the genuine handwriting of said Gerardo G. Mauriz and was thereto subscribed by authority of said By - Laws and in deponents presence. Notarial Seal C..+ Acknowledged and Sworn to before me v on the date above written. 'OTA•:�1 PrJ 'LIC Notary Public IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE WRITE TO US AT THE ADDRESS LISTED ABOVE. Farr 15-10-0134 rRev.9441 GENERAL JANET A. SCAVONE Notary Public. State of New JerscY Nb.2066520 Commission Expires January 6- 2000 POWER OF ATTORNEY FEDERAL INSURANCE COMPANY ATTN: SURETY DEPARTMENT 15 Mountain Yew Road, Warren, NJ 07059 Telephone: (908) 903-2000 r Fax No.: (908) 903-3656 7 r Know all Men by these Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, has constituted and appointed, and does hereby constitute and appoint Vincent Moy, Catherine Rosano, Ana W. Oliveras, William J. Paterno and Theresa Giraldo of New York, New York -- -------------------- each its true and IawfulAttomey-in-Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to -wit 1. Bonds and Undertakings (other than Bail Bonds) filed In any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking. 2 Surety bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State, City, Town, Village, Board or other body or organization, public or private; bonds toTransportation Companies, Lost Instrument Bonds; Lease Bonds, Workers, Compensation Bonds, Miscellaneous Surety Bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials. 3. Bonds on behalf of contractors in connection with bids, proposals or contracts. In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Laws, caused these presents to be signed by its Vice President and Assistant Secretary and its corporate seal to be hereto affixed this 3rd day of May 19 95. r}hRf,� k W '... ., '1 Assistant Secretary STATE OF NEW JERSEY 1 �, County of Somerset J FEDERAL INSURANCE COMPANY BY utcN' Gerardo G. Maurtz Vice President On this 3rd day of May 19 95 , before me personally came Kenneth C. Wendel to me (mown and by me known to beAssistant Secretary of FEDERAL INSURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duly swom, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power ofAttomey is such corporate seal and was thereto affixed by authority of the By -Laws of said Company, and that he signed said Power ofAttomey asAssistant Secretary of said Company by like authority; and that he is acquainted with Gerardo G. Mauriz and knows him to be the Vice President of said Company, and that the signature of said Gerardo G. Mauriz subscribed to said Power of Attorney is in the genuine handwriting of said Gerardo G. Mauriz and was thereto subscribed by authority of said By - Laws and in deponents presence. Notarial Seal C..+ Acknowledged and Sworn to before me v on the date above written. 'OTA•:�1 PrJ 'LIC Notary Public IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE WRITE TO US AT THE ADDRESS LISTED ABOVE. Farr 15-10-0134 rRev.9441 GENERAL JANET A. SCAVONE Notary Public. State of New JerscY Nb.2066520 Commission Expires January 6- 2000 D i State of NEW YORK County of NEW YORK On this _ 21st day of j2ecember 19 95 before me personally came Vincent MDy who, being by me duly sworn, did depose and say that he/she is an Attorney -In -Fact of the Federal Insurance Company, and knows the corporate seal thereof; that the seal affixed to said annexed instrument is such corporate seal, and was thereto affixed by authority of the Power of Attorney of said Company, of which a Certified Copy is hereto attached, and that he/she signed said Instrument as an Attorney -In -Fact of said Company by like authority. APIA W. C NEMS MMONAY Wit:., ;c, s;ac� °4 pa York N. Qu ;;Med 1!i i3i eTtx �rOiJp (// rOtrurLsC:on E� Jan. 14. 9 I� 1 Acknowledged and Sworn to before me on the date above written L5 Notary Public Signature No FEDERAL INSURANCE COMPANY STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS ASSETS Cash..»...».».».....»»»».».».» .............».»».. United States Treasury Bonds ».»....».....».. United States Government and Federal Agency Guaranteed Bonds ...................... State and Municipal Bonds....................... OtherBonds »»» ..............»..»»................... Short Term Investments .............................. Other Invested Assets ................................ TOTAL INVESTMENTS ................ Investments in Affiliates: Vigilant Insurance Company .................... Great Northern Insurance Company ........ Pacific Indemnity Company ...................... Bellemead Development Corporation ...... CC Canada Holdings Ltd..... .................... Other Affillates.......................................... Net Premiums Receivable .......................... OtherAssets ............................................... Statutory Basis DECEMBER 31,1994 (in thousands of dollars) $ 6,711 305,207 167.588 3,266,684 601,973 126,030 832,390 176,280 5,482,953 376.249 111,914 454,384 410,600 67,607 121,071 474,526 363,513 TOTAL ADMITTED ASSETS .................... $7,862,817 L ASILf77ES AND SURPLUS TO POLICYHOLDERS Outstanding Losses and Loss Expenses »... $4,575,768 Unearned Premiums ................................. 1,053,677 Provision for Reinsurance ......................»... 49,740 Loss Portfolio Transfer ..................»........... (136,461) Other Liabilities ......».»..... .....................».... 443,163 TOTAL LIABILITIES...... ........................... 5,985,687 Capital Stock ................................................ 13,987 Paid -In Surplus ............................................. 472,986 Unassigned Funds ... :....... ........................... . 1,030,157 Unrealized Appreciation of investments ....... 359,800 SURPLUS TO POLICYHOLDERS ............ 1,876,930 TOTAL LIABILITIES AND SURPLUS TO POLICYHOLDERS ........................... $7,862,817 Investments are valued in accordance with requirements of the National Association of Insurance Commissioners. Investments valued at $16,669 are deposited with government authorities as required by law. State of ) ss: County of } Richard Hight, Assistant Secretary of the Federal insurance Company being duly swom, deposes and says that the foregoing Statement of Assets, Liabilities and Surplus to Policyholders of said Federal Insurance Company on December 31, 1994 is true and correct and Is a true abstract of the Annual Statement of said Company as filed with the Secretary of the Treasury of the United States for the 12 months ending December 31, 1994. Subscribed and swom to before me this day of .1995. " HELEN S. BROWN �[!,L fir✓ wiry Public. Suss of Ncw York No. 31-4682129 Qwliried in New York Courtly Commission Expires Dccrmbcr 31.1996 Form 27-10-0071A (Rev. 12-94) 7 The undersigned surety company represents that it is duly qualified to do business in Texas, and hereby designates an agent resident in Lubbock County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. Surety *By. (Title) Approved as to Form i City of Lubbock By. City Attorney roll * Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must have copy of power of attorney for our files. l " r CERTIFICATE OF INSURANCE %Ju19 Lia IAUD IWJNI—IHILVm a + s-caj-av +iii,Jzruri 0 M -au JvrIIla= MrLI. ► tiUt]"!til11b4;iF L/ a 'iu UT mr COfCC'�CAmirx TM CUTIM TE OF 04UWME � C X'�Sri,Z A311 -WT TA=R ioww vy mmw ucSO=ppi� pa�ticjaa� ?YK+�tralt�a� � �Y�AER 1 GCWAW CW Li Mky, U 037156 4 0 �..rewr�a lw� 338902 r#500,000 by DAT=s 1110/96 TVP9 us am Addm Grumm S} 16 ag 0M dt walid�1afiraar�ar fbawi* 4/1/95 411/96 &—ml t r�A AM 8. 1/22/96 8/1!96 :---- i�Oeerar� f C�IIMII►i�i+Li.i. 1500,000 -- a _ +�► RMCA135-0650 4/1/95 4/1196 allarillory9w� �►dw hw I MW Gir 4 i tlylMii f-�.w.... G W%rtM Tom Cam wo 7 i Liilidf i � Tliwrt~ tem ICHcu 138-95 11195 4/t/96 a"'` 'r" 41,000,000 d �Msi ttte+MrlrlWIN. ?whop r r 0 BN�1C017-1054 4/1/95 4/1/96 Dobw�� Qom' -p.m CERTIFICATE H=ER IS 1i STS AS AN ADD IONAL IN6 F.b. THE EEIA VAIM OF i, SUOGATION a THEIR FA 6R. � 1'lr sba+K o�tl�r is ib� bads► ttren�a ---- -- --- - - - ^...... brantio � tt�e {fit � ,,�� t � � ootbd+ab�la at�ejedb� tb� �,., ti■�t stllio �ti soga�it�s�s, le !tat tbmllve�grr �� ► � KIS ate• 4eiA i ZURICH INSUWCE CO. Mi?8T t*.BtT hQ TBS CRY 4P L�80 C UTIOXAL I=Imi FIRE W CO OF 0 STATS OF PA SENT BY : ABB ) NT -TAYLOR _ + 1-23-96 ;11: 33AM ; PC -30 SOFTWARE MFG.- 8067672164;# 3/ 5 R ,L I `� � mor CE RTIFIC.4 TE OF INSLriiANGE TO: CITY OF LUBSOCK P-0. BOX DATE: 20,00 LUBBOM iK 7Y437 _01/10/96 T"t Q =— Fps WISTOCERMYTHATABB KENT TAYLOR d ME=n and t►ddresa of Inswod) tw ate tea, is. t tttfurod by ftCanpony wi respect ulinmir operauot� air. r dascri6od. for the :nd is axorduace witL t1u psnvisin� of Lmuutdard pciidms used by tt�f� Cgmpnp. rise lLutbpt A+ltviostier dqn t13pr wd POW'T noted herma. to T1tlZ6lt.' xlxLAj icx POLtGYKUpaut $numE SUMATWX Mwm Fig Ga�tA�lJ�ltf17' DATLO DATE Gaiws{ ��i' _t A— d mads El *MdW. A CAW� $Wjdh" 1tinaW i A,Iw tom► t th Dump 4" 4w 60 t�++o+ar hnan} $ Figo �a A&= o 8r«wW "m t ► Q l+aroa? � Fig o llkW A" 0 WOM OMM AdoI �r+a!►Di+nrar : a FM '� _�at�t�tactusrzrrs► c AmWQ*-E cbAmwmd : &JwrdmAm Q9)r, fort+ Aodd" _ ANIM i a�1�'BJtirK ""� roams atm rwl Ov+�tna his A 12 LU"WOLtl61M PPR 624— 1/01/96 01/01/97 $200,000 2395-00 per oCcurrence �xt�Sl.T�lLnr s �ORXI"ltSCQ�'x.NVD �{IPtAl�RS•LLl8B1i7' - 7LrP�oRiMor/ a t �w a iwi+est h�uloyLifnie� °0oo'�t "A"dM : ti��ibboyuroa 1 o� Ylu above po►i3cfra citt�er is du body rbetepfar by app:oPriate e�dass+ame�t provida tut tlt�y rat be d4aged oar a�ceted by & i== In less than ftleggi g m r gWtsd ager 63jd has gimw rasa,,� writrxn cotft of �sr� Mm esr�ellatioa„ or fa Ctsc m p ao lcga! ceq d"r ma; in kaa ma ova dip is adh'a = of c u=uaac t_ FM COPTS Of THS CKRTMCAIX OFINs ditANCE ZURICH YNAURANCE COMIPMY MUST BE SENT'PO THE QTY Of LUBBOCK ame War) TJlly • ��«- M ♦IVW4c•r+i �• �V 7L/LOG fJQG. �+•�4 i 1 M-ONAL IN IT IS AGREED THAT 'IW CERTIFICATE HOLDER IS AN AUDMON'AL INSURE W17H RESPECT TO LIAEHITY ARISING OUT OF (1) OPERATION PERFORNM FOR SUCH INSURED By ITIE NAMM INSURED, OR 2 TIM OWNF.PSK P MA MENAN10E OR USE OF PREbUSES LEASED TO THE NAND THE OWNER HO OF AN AUTOMOREM LEASED TO 7M NAMED WSURED nM CmTiFICATE HOIOER IS AN ADDMONAL WS mm tmER Trms (iX (2) ANDIOR ABOVE ONLY ��AMOUNTS 1ErESARYTO3ATFY AIEd$II4�0� SUCH ' PROVISIONS OF THE CONTRACT OR LEASE. THIS INSURANCE CONTAINS A WAI'VE,R OF SUBROGATION AS RESPECTS THE ADDITIONAL INSUREDS BUT ONLY TO THE EXTENT OF THM STATUS AS ADDITIONAL INSUREDS UNDER SUCH INSURANCE. y SENT BY:ABB KENT -TAYLOR 1-22-96 ; 3:15PM ; PC -30 SOFTWARE MFG.- 8067672164;* 4/ 4 S� �L . . .._.. ... _ . - ..._.,.,.. . I r .I1. / •ax. J�rc.x r . RJG I WV1 tsY:X0 MNI-14n.ux 'i-jei.A I r uV Y V. w Lay. _1VWW• r. Cl MY OF LUDOWK INSURANCE REQUUUMNT AFMAVIT r "1 F1 'Co Be Convksad by Appmprbw tntaram A gm0raker Pdor to AwudafComw . k do uadcrsigpad AltwBroker, cersifey *ac de kauram r*irammu emuisW in this bW docmrau hive bm rc+ri vmd by me with the beiary idam ed Caam=w. If ft below i kefifod Conuactor is ewv&d this comm by tba City of Lubbodj I wdl be die to within tan (10) days dw bail nadflrd of such awatd by catm=r. rumash a valid imurs= aerNOW to ft City mess $a of 00 requiraae ds dtfaad to thio bwPropooai. THOMS S.-.— EN ...� (Signature) Agan (Print] Nam ofAgwmtni W MARSH & McLSNNAN ...rr...rr� Addsa:~S cfAgmtJ dW- 1166 AVENUE of ME AHERICAg NEW YORK NY 10036 tMiz'riW'Tekphoa! g; ( 212 Lao 6Q00 Dow. L/12/96 CONTRACITOICS NAME: ABB REM TAYLOR (P t0tT} C0M1tACMWS ADDRESS; 1175 JOtM STREET ROCHESTER NY 14602 NOTE TO AGMitOmm uthb thm rmulremat it not mok 0* CW bu the tight to reject this bidtpropuud. ad award die cmmct to mer coubWor. if you have lacy quem = mawaieg tragi reWreumb" plum contact the P1 W&LO #S !fe%gr for dw f Lubbock at om)767-2169. CONTRACTOR CHECKLIST A CONTRACTOR SHALL: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filling of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor 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: r REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must (see reverse) be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment and materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "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 n (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 rile; (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; (Fi retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (G) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on, the project; and (I) contractually require each other person with whom it contracts, to perform as required by paragraphs (A) - (l), with the certificate of coverage to be provided to the person for whom they are providing services. ❑ i No Text r "' CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK 1 0 i THIS AGREEMENT, made and entered into this 14th day of December. 1995 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto withorized to do so, hereinafter referred to as OWNER, and ABB KENT TAYLOR. INC. of the City of West Henrietta. County of Monroe, and the State New York, 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 #13409 - LP & L PLANT 2 CONTROLS FOR BOILERS #4 & #5 - S148,456.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper dost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the bid submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas, in the year and day first above written. - IMAXIMr APPROVED AS•FORM: / rrL/ i.��1�,. ►'e, ATTEST: r Corporate Secretary CONTRACTOR: PRINTED NAME: / r0(0 ( % , �itl TITLE: iflet-70,se Tt 1� �'NglrtlE lNJ ----- COMPLETE ADDRESS: ABB Kent Taylor, Inc. 1175 John Street West Henrietta, New York 14586 GENERAL CONDITIONS OF THE AGREEMENT r FGENERAL CONDITIONS OF THE AGREEMENT • .�.'NIM Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this contract, it shall be understood as referring to the City of Lubbock, Texas. 2. CONTRACTOR Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall be understood to mean the person, persons, copartnership or corporation, to-wit:ABB KENT TAYLOR, INC. who has agreed to perform the work embraced in this contract, or to his 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, JAY WADSWORTH, ELECTRIC PRODUCTION SUPERINTENDENT City of Lubbock, under whose supervision these contract documents, including plans and specifications, were prepared, and who will inspect constructions; or to such Other representative, supervisor, or inspector as may be authorized by said Owner to act in any particular under this agreement. Engineers, supervisor or inspectors will act for the Owner under the direction of owner's Representative, but shall not directly supervise the Contractor or men acting in behalf of the Contractor; 4. CONTRACT 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, Spacial Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for his inspection in accordance with the Notice to Bidders. S. INTERPRETATION OF PHRASES Whenever the words 'Directed," "Permitted," "Designated," "Required," "Considered Necessary," "prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable,- "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. 6. SUBCONTRACTOR The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents, but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor. 7. WPJMN 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 him who gives the notice. r 8. WORK 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 with one copies of all Plans, Profiles and Specifications without expense to him and he 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 of quality of the executed work and to determine, in general, if the work is proceeding in accordance with the contract documents. He will not be required to make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will he be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. His efforts will be directed towards providing assurances for the Owner that the completed project will conform to the requirements of the contract documents, but he will not be responsible for the Contractor's failure to perform the work in accordance with the Contract Documents. On the basis of his onsite observations, he will keep the Owner informed of the progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of the Contractor. 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever 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 his 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 rase of careless destruction or removal by him, his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's Representative at Contractor's expense. tI. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative shall review all work included herein. He has the authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. In order to permit delays and disputes and to discourage litigation, it is further agreed that the Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under this contract. He shall determine all questions in relation to said work and the construction thereof, and shall, in all uses, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The Owner's Representatives' estimates and findings shall be conditions precedent to the right to any action on the contract, and to any rights of the Contractor to receive any money under this contract. The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the Contractor a written decision on all claims of the parties hereto and on alluestions which q may arise relative to the execution of the work f or the interpretation of the contract, specifications and plans. 15. SUPERINTENDENCE AND INSPECTION It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from time to time such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer, supervisor or inspector, the Contractor may within six (6) days make written appeal to the: Owner's Representative for his decision. 16. CONTRACTOR'S DUTY AND SUPERINTENDENCE The Contractor shall give personal attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's Representative. The superintendent shall represent the Contractor in his absence and all directions given to him shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work and lack of such supervision shall be grounds for suspending operations of the Contractor. The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all risk in connection therewith shall be borne by the Contractor. The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any subcontractors, or any of his agents or employees, or any other persons performing any of the work. 17. CONTRACTOR'S UNDERSTANDING It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions, and all other matters which in any way effect the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of this contract, shall effect or modify any of the terms or obligations herein contained. t i 18. CHARACTER OF WOR)CMEN The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform him in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or disorderly, such man or men shall be discharged from the work and shall not again be employed on the work without the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also understood that Owner shall not be held responsible for the care, preservation, conservation,or protection of any materials, tools, equipment or machinery or any part of the work until it is finally completed and accepted. The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's Representative shall direct, and the sanitary conditions of the grounds in or about such structure shall at all times be maintained in a manner satisfactory to the Owner's Representative. 20. SANITATION Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's Representative and their use shall be strictly enforced. 21. OBSERVATION AND TESTING The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the work. Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever work is in preparation or progress. Contractor shall ascertain the scope of airy observation which may be contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be ready for such observation. Owner or Owner's Representative may reject any work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether Owner's Observer has previously accepted the work through oversight or otherwise. If any work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Ownees 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 mayberequired by law or the contract documents. If any work which is required to be inspected, tested, or approved is covered up without written approval or consent of the Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests, inspections or approval, and any work which meets the requirements of any such tests or approval but does not meet the requirements of the contract documents shall be considered defective. Such defective work shall be corrected at the Contractor's expense. Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's Representative, or other persons authorized under this agreement to make such inspections, tests, or approvals shall relieve the Contractor from his obligation to perform the work in accordance with the requirements of the contract documents. 22. DEFECTS AND THEIR REMEDIES It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the Owner or Owners' Representative as unsuitable or not in conformity with plans, specification and contract documents, the Contractor shall, after receipt of written notice thereof from the owner's Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS I 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 any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. 24. EXTRA WORK The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work as shown on the plans and specifications or contract documents and not covered by Contractor's 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 PM Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then the Contractor shall be paid the actual field cost of the work, plus fifteen (155/o) percent. In the event said extra work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on Pok 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 mayberequired 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 r, 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 1009/o, unless p*` 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 him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any orders or instructions appear to the Contractor to involve extra work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the Owner's Representative for a written order authorizing such extra work Should a difference of opinion arise as to what does or does not constitute extra work or as to the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the work after making written request for written order and shall keep adequate and accurate account of the actual field cost thereof, as provided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to arbitration as herein below provided. 25. DISCREPANCIES AND OMISSIONS It is further agreed that it is the intent of this contract that all work described in the 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. If the Contractor finds arty discrepancies or omissions in these plans, specifications, or contract documents, he should notify the Owners' Representative and obtain a clarification before the bids are received, and if no such request is received by the Ownees Representative prior to the opening of bids, then it shall be considered that the Contractor fully understands the work to be included and has provided sufficient sums in his bid to complete the work in accordance with these plans and specifications. It is further understood that any request for clarification must be submitted no later than five (5) days prior to the opening of bids. 26. RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at arty time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order.: If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress: 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC The Contractor shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The Contractor, his sureties and insurance carriers shall defend, indemnify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or *claims of any character whatsoever, brought for or on account of any injuries or damages received or sustained by any person or persons or property, on account of any negligent act or fault of the Contractor or any.subcontractor, their agents or employees, in the execution and supervision of said contract, and the project which is the subject matter of this contract, on account of the failure of Contractor or any subcontractor to provide necessary barricades, warning lights, or signs and will be required to pay any judgment with costs which may be obtained against the Owner or any of its officers, agents, or employees including attorney's fees. The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as an Independent Contractor; inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the Contractor of his duty and shall not be construed as any assumption of duty to supervise safety precautions by either the Contractor or any of his subcontractors. 28. CONTRACTOR'S INSURANCE The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to contract execution. A. Comprehensive General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of 1500.000 Combined Single Limit in the aggregate and per occurrence to include: Premises and Operations Explosion & Collapse Hazard Underground Damage Hazard Products & Completed Operations Hazard Contractual Liability Independent Contractors Coverage Personal.Injury (with exclusion "c" waived) B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. For bodily injuries, including accidental death and or property damage, $500,000 Combined Single Limit. This 'policy shall be submitted prior to contract execution. C. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury/Property Damage, $500.000 Combined Single Limit, to include all owned and nonowned cars including: Employers Nonownership Liability Hired and Nonowned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the , endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance The Contractor shall obtain a Builder's Risk policy in the amount of 100% of the total contract price (1000/a of potential loss) naming the City of Lubbock as insured. E. Umbrella Liability Insurance The Contractor shall have Umbrella Liability Insurance in the amount of 1000 000 on all contracts with coverage to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages. 4 i E h 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 least5S 00.000. i 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'stperson's work on the project has been completed and accepted by.the governmental entity. Persons providing services on the project ("subcontractor" in 0406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor 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 overage to the governmental entity prior to being awarded the contract. 4. If the overage 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 overage period, file a new certificate of overage 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 overage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of overage 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 overage showing extension of overage, if the overage period shown on the current certificate of overage 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 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 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: t f (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, r+ Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) - provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (d) obtain from each other person with whom it contracts, and provide to the contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of overage, 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 overage of any person providing services on the project; and (g) contractually require each person with whom it contracts to perform as required by paragraphs (1) - (7), with the certificates of overage 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 overage for the duration of the project, that the overage will be based on proper reporting of classification odes 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 it breach within ten (10) days after.receipt of notice of breach from the governmental entity. i 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 r 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 ori the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named insured at the address shown in the bid specifications. (6) A provision that written notice shall be given to the City ten (10) days prior to any change in or cancellation of the policies shown on the certificate. (7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job specifications. No substitute of nor amendment thereto will be acceptable. (8) If policy limits are paid, new policy must be secured for new coverage to complete project. _ (g) 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 no later than (7) 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 ten (10) days atter 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 7, (7 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 te)d provided by the commission on the sample notice, without any additional words or changes: REQUIRED WORKERS' COMPENSATION CO VERA GE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance- This includes persons providing, hauling, or delivering equipment and nuaerl* 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 Tom Workers' Compensation Commission at 512-440-3789 to receive information on the legal requirementfor coverage, to verify y whetheryour employer has provided the required coverage, or to report an employer's failure to provide coverage" and contractually require each person with whom it contracts to provide services on a project, to: (i) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project for the duration of the project; 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 language in subsection (e) (3) of this rule; (iv) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (y) obtain from each other person with whom it contracts, and provide to the contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (vi) retain all required certificates of coverage on file for the duration of the project and for one year thereafter, (vii) notify the governmental entity in writing by certified mail or personal delivery, within 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 (viii) 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. 29.1 DISABLED EMPLOYEES Contractors having more than 15 employees agree to comply with the Americans with Disabilities Act of 1990, and agree not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment 30.' PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS LABORERS MATERIALMEN AND FURNISHERS OF MACHINERY EQUIPMENT AND SUPPLIES The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any demands of subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, power tools, all suppliers, including commissary, incurred in the furtherance of the performance of this contract. When Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those designated 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, withhold from the _ unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to discharge any such indebtedness. - Any and all communications between any party under this paragraph must be in writing. _ 31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the Patentee or Owner thereof. The Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the Owner harmless from any loss on account thereof, except that Owner shall defend all such suits and claims and shall be responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harmless from any loss on account thereof.If the material or process specified or required by Owner is an infringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement. 32. LAWS AND ORDINANCES The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations, which in any manner effect the contract or the work, and shall indemnify and save harmless the Owner against any claims arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. If the Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners' Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Owner's Representative, he shall bear all 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. ASSIGNMENT AND SUBLETTING The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this contractual agreement. i }! 34. TIME FOR COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and time for ;completion as specified in the contract of work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the Notice to Proceed. If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree as part of the consideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $200.00 (TWO HUNDRED DOLLARS) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each and every calendar day that the Contractor shall be in default after the time: stipulated for completing the work. It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic change and conditions and usual industrial conditions prevailing in this locality.' The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and rr extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sustain, and the amount is agreed to be damages the Owner would sustain and shall be retained by the Owner from current periodical estimates for payments or from final payment It is finther agreed and understood between the Contractor and Owner that time is of the essence of this contract. 35. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be allowed to prosecute his 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 his own force, the Owner's Representative may direct the time and manner of constructing work done under this contract so that conflicts will be avoided and the construction of the various works being done for the Owner shall be harmonized. The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which shall show the order in which the Contractor intends to carry on the work, with dates at which the Contractor will start the several parts of the work and estimated dates of completion of the several parts. 36. EXTENSION OF TIME .w The Contractor agrees that he has submitted his 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 33 hereinabove set forth and that he shall not be entitled to, nor will he request, an extension of time on this contract, except when his work has been delayed by an act or neglect of the Owner, Owner's Representative, employees of the Owner or other contractors employed by the owner, or by changes ordered in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood The Contractor may apply in writing for an extension of time, submitting therewith all written justification as may be required by Owner's Representative for such an extension as requested by Contractor. The Owner's Representative within ten (10) days after receipt of a written request for C" an extension of time by the Contractor supported by all requested documentation shall then consider such written request and respond to Contractor in writing granting or rejecting the request for an extension of time to complete the project. 0 6 . 37. HINDRANCE AND DELAYS In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays in securing material or workmen or otherwise. No charge shall be made by the Contractor for hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such expense as in the judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to Contractor. _ 38. OUAN ffMS AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the ^- estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract, they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their bids offered for the work It is understood and agreed that the actual amount of work to be done and the materials to be — furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the project. 39. PROTECTION OF ADJOINING PROPERTY The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered, which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such'damage on account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the Owner against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of this contract, but such indemnity shall not apply to any claim. of any kind arising out of the existence or character of the work. _ 40. PRICE FOR WORK In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the bid 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 him and for well and truly performing the same and the whole thereof in the manner and according to this agreement, the attached specifications, plans, contract documents and requirements of Owner's Representative. 41. PAYMENTS No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made, Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a waiver of all claims against Owner which have not theretofore been timely filed as provided in this contract. r'" 7 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. Owner's Representative shall review said application for partial payment and the progress of the work made by the Contractor and if found to be in order shall prepare a certificate for partial payment showing as completely as practical the total value of the work done by the Contractor up to and including the last day of the preceding month; said statement shall also include the value of all sound materials delivered on site of the work that are to be fabricated into the work. The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's Representative's Certificate of Partial Payment, less 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 this agreement. It is understood, however, that in case the whole work be near to completion, and this fact is certified to by Owner's Representative and some unexpected and some unusual delay occurs due to no fault or negligence on the part of the Contractor, the Owner may upon written recommendation of Owner's Representative pay a reasonable and equitable portion of the retained percentage due Contractor. 43. FINAL COMPLETION AND ACCEPTANCE Within thirty-one (3 1) days after the Contractor has given the Owner's Representative written notice that the work has been completed or substantially completed, the Owner's Representative and the Owner shall inspect the work and within said time, if the work be found to be completed or substantially completed in accordance with the contract documents, the Owner's Representative shall issue to the Owner and Contractor his certificate of completion, and thereupon it shall be the duty of the Owner within thirty-one (3 1) days to issue a certificate of acceptance of the work to the Contractor. 44. FINAL PAYMENT Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final measurement and prepare a final statement of the value of all work performed and materials furnished under the terms of the agreement, and shall certify same to the Owner, who shall pay to the Contractor on'or before the 31st day after the date of certificate of completion, the balance due Contractor under the terms of this agreement, provided he has fully performed his contractual obligations under the terms of this contract; and said payment shall become due in any event upon said performance by the Contractor. Neither the certificate of acceptance nor the final payment, nor any provisions in the contract documents shall relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the special conditions (if any) of this contract or required in the specifications made a part of this contract. 45. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK Contractor shall promptly remove from Owners' premises all materials condemned by the Owner's Representative on account of failure to conform to the contract, whether actually incorporated in the work or not, and Contractor shall at his own expense promptly replace such condemned materials with other materials conforming to the requirements of the contract. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense. 46. CORRECTION OF WORK AFTER FINAL PAYMENT Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one (1) year from the date of substantial completion. The Owner or the Owner's Representative shall give notice of observed defects with reasonable promptness. 0 47. PAYMENT WITHHELD The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to such extent as may be necessary to protect himself from loss on "account of: (a) Defective work not remedied (b) Claims filed or reasonable evidence indicating possible filing of claims. (c) Failure of the Contractor to make payments promptly to subcontractors or for materials or labor. (d) Damage to another Wntraotor. When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them 48. TIME OF FILING CLAIMS It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor. shall be in writing and filed with the Owner's Representative within fifteen (15) days after the Owner's Representative has given any directions, order or instruction to which the Contractor desires to take exception. The Owners' Representative shall reply to such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal from the decision of the Owner's Representative, any demand for arbitration shall be filed with the Owner's Representative and the Owner in writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of the final payment shall be a bar to any claim by either party, except where noted otherwise in the contract documents. 49. ABANDONMENT BY CONTRACTOR Incase the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the Owner or the Owner's Representative, or if the Contractor fails to comply with the orders of the Owner's Representative, when such orders are consistent with this contract, this Agreement, or the Specifications hereto attached, then the Surety on the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the —' Contractor. After receiving said notice of abandonment, the Contractor shall not remove from the work arty 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 case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for within ten (10) days after service of such notice, then the Owner may provide for completion of the work in either of the following elective manners: (a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said Contractor,and the expense so charged shall be deducted and paid by the Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess to the Owner; or (ii) The Owner, under sealed bids, after notice published as required by law, at least twice in ar nevvspape having a general circulation in the County of location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to the Owner under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the Contractor and the Surety shall be and remain bound therefore. However, should the cost to complete any such new contract prove to be less than that which would have been the cost to complete the work. under this contract, the Contractor or his Surety shall be credited therewith. When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and certificates of completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be issued. A complete itemized statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and delivered to Contractor and his Surety, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the balance due as reflected by said statement within thirty (30) days after the date of certificate of completion. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor and/or his Surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the Contractor and his Surety at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any machinery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than the Contractor or his Surety, to their proper owners. 50. ABANDONMENT BY OWNER 4 ' In case the Owner shall fail to comply with the terns of this contract, and should fail or refuse to comply with said terms within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the work, and may remove therefrom all machinery, tools, and equipment, and all materials on the ground that have not been included in payments to the Contractor and have not been incorporated into the work. Thereupon, the Owner's �.. Representative shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value ` of all work actually completed by said Contractor at the prices stated in the attached bid, the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by r� the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor to carry the whole work to completion, and which cannot be utilized. The Owner's Representative shall then make a final statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and all other sums that may be retained by the Owner under the terms of this Agreement, and shall certify same to the Owner who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance shown by said final statement as due the Contractor, under the terms of this Agreement. r 13ONDS The successful bidder shall be required to furnish a performance bond and payment bond in accordance with Article 5160, Vernon's Annotated Civil Statutes in the amount of 100% of the total contract price, in the event said contract price exceeds $25,000.00. If the contract price does not exceed $25,000.00, the statutory bonds will not be required. All bonds, if required, shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to do business in the State of Texas. And it is further agreed that this contract shall not be in effect until such bonds are so furnished. 52. SPECIAL CONDITIONS In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any,of the general conditions contained in this contract, then in such event the special conditions shall control. 53. LOSSES FROM NATURAL CAUSES Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance and the prosecution of the same, or from unusual -- obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and bome by the Contractor at his own cost and expense. 54. INDEPENDENT CONTRACTOR Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct, supervise, and control his own employees and to determine the method of the performance of the work covered hereby. The fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during his performance and to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other person, firm, or corporation. 55. CLEANING UP The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus materials and shall leave the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. . CURRENT WAGE DETERNIlNATIONS r DGV:da RESOLUTION Resolution `2502 January 8, 1987 Agenda Item #18 WHEREAS, the City Council has heretofore established the general prevailing rate of per diem wages for,each craft or type of workmen or mechanics needed to execute public works contracts for the City of Lubbock in accordance with the provisions of Vernon' s'Ann.Civ.St., Art. 5159a; and WHEREAS, such wage rates were established by Resolution No. 719 enacted February 12, 1981, updated by Resolution No. 1590 enacted February 23, 1984; and WHEREAS, such rates need to be updated at the present time in order to reflect the current prevailing rate of per diem wages; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: -THAT the general prevailing rate of per diem wages for public works contracts shall be as set forth in the following named exhibits, which exhibits shall be attached hereto and made a part hereof for all intents and purposes: Exhibit A: Building Construction Trades Exhibit B: Paving and Highway Construction Trades Exhibit C: Electrical Trades Exhibit 0: Overtime Rate Exhibit E: Weekend and Holiday Rate Such wage rates are hereby found and declared to be the general prevailing rate of per diem wages in all localities where public works are undertaken on behalf of the City of Lubbock and such wage rates shall be included in all public works contracts as provided by law. Passed by the City Council this 8th day of January1987. Kanette,.Boyd, City Secretary APPROVED T ONTENT: Bi 1 Pyne, 0 rector of Building Services B.C. MCMINN, MAYOR APPROVED AS TO FORM: �IdG-iver, First Assistant City Attorney EXHIBIT_ A City'of Lubbock Building Construction Trades Prevailing Rates Craft Hourly Rate Ac oustical Ceiling Installer Air 'Conditioner'Installer 8.35 Air Conditioner -Installer -Helper 5.50 ; Bricklayer 10.50 Bricklayer -Helper 5.00 Carpenter 11.00 Carpenter -Helper 5.50 Cement Finisher 7.35 Drywall Hanger 8.70 Electrician _ 10.50 Electrician -Helper 5.25 Equipment Operator - Heavy 8.00 Light 5.70 Floor Installer 8.00 Glazier 7.50 1nsulator,' Piping/Boiler, 9.50 Insulator-Helpeh 5.00 Iron Worker 7.30 Laborer, General 4.75 Mortar Mixer 5.60 Painter _ _ 8.75 Plumber 9.25 Plumber -Helper 6.00 Roofer_ 7.65 Roofer -Helper 4.75 Sheet Metal Worker 8.75 Sheet Metal Worker -Helper 5.50 Welder - Certified 8.00 EXHIBIT B Paving and Highway Construction Prevailing Wage Rates Craft Asphalt Heaterman Asphalt Shoveler Concrete Finisher Concrete Finisher -Helper Electrician. Flagger Form Setter Form Setter -Helper Laborer, General Laborer, Utility Mechanic Mechanic -Helper POWER EOUIPMENT OPERATORS Asphalt Paving Machine Bulldozer Concrete Paving Machinist Front End Loader Heavy Equipment Operator Light Equipment Operator Motor Grade Operator Roller Scraper Tractor Truck Driver - Light Heavy Hourly Rata $5.25 4.75 7.35 4.75 10.50 4.75 6.50 5.50 4.75 5.80 6.50 6.00 6.00 5.25 6.50 5.85 6.40 6.40 8.00 5.25 5.25 5.50 5.25 5.25 EXHIBIT C Electric Con struction 'Trades Prevai I i ng. Wage Rates Craft Hourly Rate Power Line Foreman $11.00 Lineman Journeyman 10.'45 Lineman Apprentice Series a 90 Groundman Series 7,25 EXHIBIT 0 Prevailing Wage Rates Overtime Rate The rate for overtime (in excess of forty hours per week) is '1 1/2 times base rate. EXHIBIT E Prevailing Wage Rates Weekend and Holiday Rate The rate for weekend and holiday is 1 1/2 times base rate. SPECIFICATIONS 7 TECHNICAL SPECIFICATIONS FOR BOILER CONTROLS FOR #4 AND #5 BOILERS AT LP&L PLANT 2 LUBBOCK POWER & LIGHT ELECTRIC PRODUCTION DEPARTMENT Holly Avenue Power Generating Station 3500 E. Slaton Highway Lubbock, Texas October, 1995 1. SCOPE OF WORK. This specification covers the replacement of the existing pneumatic boiler control systems on #4 and #5 boilers at LP&L's Plant 2. The new controls shall be electronically based with oxygen trim, and utilize programmable logic controllers. PC based systems will also be considered. The system is to include electronic logic control hardware: and software. All necessary flow and pressure transmitters and I/P transducers and all associated wiring are also to be furnished. All work shall be in full compliance with the ASME Boiler Code and all other applicable codes, regulations and standards. 2. GENERAL. The Contractor shall be responsible for design, manufacture and/or assembly, sub -system Integration, installation, testing, commissioning and documentation. The control systems shall be factory tested to confirm and demonstrate proper performance. 2.1 Timing Installation of the boiler control systems is required by March 1, 1996. 3. QUALIFICATION. Bidders shall have furnished an operational system to a utility within the past 3 years and shall include in their bid a list of references with telephone numbers. 4. . PLANT & SYSTEM LAYOUT. The two boilers are arranged adjacent to each other. No. 4 Boiler is a Union Iron Works 135,000 lbs/hr, balanced draft unit. No. 5 Boiler is a Riley 135,000 lbs/hr, balanced draft unit. Both units are of early '50s vintage. An air conditioned control room is located on the burner floor about 20 feet back from the line of the burner fronts. The approximate distance from the center of the control room to the center of each burner front is as follows: No.4 Boiler 45 ft No.5 Boiler 60 ft The boilers are to be fired on natural gas only, with a gas flow at maximum continuous rating of 9300 lbs/hr per boiler. New burner safety management systems are to be provided for each boiler under a separate contract. Schematics of the existing control systems for the two boilers are included in the bid package. 5. EQUIPMENT REQUIREMENTS. The following hardware requirements are common for each boiler: Gas Flow Controller. The gas flow controller shall control the fuel valve in response to the internal set point. The primary analog outputs shall modulate the fuel control valve. The control system shall include all the logic required to interface the fuel controller with the burner safety management system. The controller shall be cross -limited with the air controller as specified. The controller digital displays shall include the following: - controller output - gas flow - steam pressure The controller inputs shall include: - gas flow. -drum pressure - air flow -cross limiting Air Flow/ 02 Trim Controller. The air flow controller shall match the other controllers in the system and shall _ provide PID control of Fuel/AIC Ratio in response to changing fuel signals from the fuel controller. The controller shall use the available oxygen signal to trim the fuel flow with respect to the air flow. The fuel controller shall be cross -limited with the _ air controller. The primary output of this controller shall be a 4 to 20 mA signal to the FD fan damper drive. The controller digital displays should include: - controller output - air flow - flue gas temperature _ - combustion air temperature -boiler efficiency - flue gas % 02 Controller inputs shall be: fuel controller output air flow - flue gas temperature - flue gas oxygen -' - combustion air temperature Controller. output shall be: - FD damper actuator Furnace Pressure Controller. The furnace pressure controller shall match the other controllers in the system and shall control the furnace draft in response to changes in furnace pressure and a. feedforward signal of boiler load by operation of the ID fan damper drive. Digital displays required are: -controller output -furnacepressire -furnace pressure setpoint Inputs required: -furnace pressure -air flow controller or gas flow controller output Outputs required: -ID damper actuator Feedwater Controller. The feedwater controller shall match the other controllers in the system and shall provide three element control of drum level In response to changing drum level, feedwater flow and feedforward signal of steam flow. The controller shall provide automatic correction of flow recording, indication and integration for the actual pressure and temperature in the main steam header. Digital displays required are: - controller output - drum level - drum level setpoint - steam flow - feedwater flow Inputs required: - drum level - steam flow - steam pressure - steam temperature - feedwater flow Outputs required: - feedwater control valve - pressure and temperature compensated steam flow Steam 'rempercture Conlroller. The steam temperature controller shall match the other controllers in the system and shall control the attemperater valve in response to changes in the superheated steam temperature and a feedforward signal of boiler load. Digital displays shall include: - controller output - superheated steam temperature - superheated steam temperature setpoint Input required: - superheated steam temperature Output required: - attemperater valve actuator - airflow controller output How Totalizers. Eight digit non-resettable totalizers for gas, steam and feedwater flows shall be provided flush -mounted in the boiler control panel/cabinet. Totalizers shall display directly in engineering units. Power shall be backed up by a lithium battery. Strip Chort Recorders. Three four -pen, microprocessor -based, real time, strip chart recorders shall be furnished, flush- mounted on the control panel, that can accept 4-20 mA, DC voltage, RTD and thermocouple inputs without the addition of range cards. A numeric digital display on the recorder front shall be fully field configurable via integral keypad. The recorder shall be fully field configurable via integral -- keypad. Pens shall be of the disposable, fiber -tipped type. Oxygen Analyzer. _ An oxygen analyzer shall be provided for a complete, operable oxygen trim system compatible with the combustion control system. The probes shall be duct mounting and utilize a zirconium sensing element. Two, 3 foot long, analyzer probes are required. The element in each shall insert directly in the flue gas stream and shall be in direct contact with the process gases. The element shall be. contained within a protective housing mounted to the ductwork by means of _ an adapter plate, all furnished by the manufacterer., The analyzers shall be equipped with the facility to allow daily calibration checks without removing the analyzer from the gas stream. Output shall be 4-20 mA do representing 0-10% _ oxygen as a linear function. Signal conditioning electronics shall be provided, having the ability to average the signals from the two probes, as well as providing the ability to operate with either probe independently. A reference calibration gas system shall be furnished, consisting of gas supply, regulator with relief valve, gauge and necessary valving and piping, to enable calibration to be carried out at the burner deck. _ Differential Pressure Tronsmitfers. Differential pressure transmitters shall be furnshed to measure gas flow, steam flow, air flow, feedwater flow and drum level. Transmitters shall be designed to provide a 4-20 mA, 2 -wire signal with an accuracy of 0.2% of calibrated span. each transmitter shall be supplied with a stainless steel, three valve manifold, with block valves to isolate the transmitter from the primary element and equalizing valve to allow zeroing of the transmitter. Temperature Transmitters and Sensors. New thermocouples or RTD's shall be installed for all temperature measuring requirements, together with transmitters to suit. Transmitters shall have an accuracy of 0.2976 of calibrated span. j� Inputs required: - superheated steam temperature - airflow controller output Output required: attemperater valve actuator Flow Totalizers. Eight digit non -resectable totalizers for gas, steam and feedwater flows shall be provided flush -mounted in the boiler control panel/cabinet. Totalizers shall display directly in engineering units. Power shall be backed up by a lithium battery. Strip Chart Recorders. Three four -pen, microprocessor -based, real time, strip chart recorders shall be furnished, flush- mounted on the control panel, that canaccept 4-20 mA, DC voltage, RTD and thermocouple inputs without the addition of range cards. A numeric digital display on the recorder front shall be fully field configurable via Integral keypad. The recorder shall be fully field configurable via integral keypad. Pens shall be of the disposable, fiber -tipped type. Oxygen Analyzer. An oxygen analyzer shall be provided for a complete, operable oxygen trim system compatible with the combustion control system. The probes shall be duct mounting and utilize a zirconium sensing element. Two, 3 foot long, analyzer probes are required. The element in each shall insert directly in the flue gas stream and shall be in direct contact with the process gases. The element shall be contained within a protective housing mounted to the ductwork by means of an adapter plate, all furnished by the manufacterer. The analyzers shall be equipped with the facility to allow daily calibration checks without removing the analyzer from the gas stream. Output shall be 4-20 mA do representing 0-103a oxygen as a linear function. Signal conditioning electronics shall be provided, having the ability to average the signals from the two probes, as well as providing the ability to operate with either probe Independently. A reference calibration gas system shall be furnished, consisting of gas supply, regulator with relief valve, gauge and necessary valving and piping, to enable calibration to be carried out at the burner deck. Differenh'o/ Pressure Transmitters. Differential pressure transmitters shall be furnshed to measure gas flow, steam flow, air flow, feedwater flow and drum level. Transmitters shall be designed to provide a 4-20 mA, 2 -wire signal with an accuracy of 0.2% of calibrated span. each transmitter shall be supplied with a stainless steel, three valve manifold, with block valves to isolate the transmitter from the primary element and equalizing valve to allow zeroing of the transmitter. �,. Temperature Transmitters and Sensors. New thermocouples or RTD's shall be installed for all temperature measuring requirements, together with transmitters to suit. Transmitters shall have an accuracy of 0.Vo of calibrated span. Pressure Transmitters. A steam pressure transmitter and a furnace draft (negative) pressure tranmitter -- shall be provided with a 420 mA output and an accuracy of 0.2% of calibrated span. Current -to -Pressure Transducers and Positioners. I/P tansducers and pneumatic positioners shall be supplied for the.gas flow, feedwoter flow and attemperater control valves, and for the air damper _ actuators. Control and Disploy Panel. , A control and display panel or cabinet to NEMA Standards shall be furnished for ' each boiler and shall be installed in the boiler control room. 6. POWER SUPPLY. LP&L will provide 120 V, single phase, 60 Hz AC power for system operation and for installation purpose's. d80 V,,3 phase AC is also available if required. 7. INSTRUMENT AIR SUPPLY. LP&L will furnish compressed air for pneumatic actuation of valves, etc. at a pressure between 60 and 100 psig. Normal supply pressure will be 80 psig. Air will also be available for installation purposes as required. 8. ENVIRONMENTAL CONSIDERATIONS. The Contractor shall furnish and install any necessary environmental protection necessaryto enable any electronic (or other sensitive equipment) located outside the control room 'to operate satisfactorily in the ambient and radiant ,heat and dust conditions occurring during summer operation at maximum boiler ratings. 9. REMOVAL AND DISPOSAL OF EQUIPMENT. Removal and disposal of replaced instrumentation shall be carried out by LP&L. Asbestos and mercury removal and disposal are not required of the Contractor. 10. DOCUMENTATION. Two sets each of the following documentation shall be supplied by the Vendor:— Final endor:Final schematics (as built) Operating and maintenance manuals Drawings of cabinet/panel layout and internal wiring Drawings of external wiring to field elements Installation drawings for all hardware Hardware parts and maintenance manuals 1/O list Calibration data certification sheets for all instruments 11. COMMISSIONING AND TRAINING. The Contractor shall successfully commission each boiler control system and provide adequate training to operators and technicians for the satisfactory operation and maintenance of the systems. The extent of training offered shall be stated in the bid proposal. 12. BID EVALUATION. The following documentation shall be submitted with the bid:— Functional description of the boiler control system Preliminary schematic diagrams Instrumention, electronic and mechanical hardware data sheets Separate pricing for hardware and installation Supply and installation schedule based on a start date of December 1, 1995. STEEM PRESSURE AIR SUPPLY--+ FURNACE DRAFT GAS FLOW AIR FLOW II STANDATROL -SUPPLY IAIR SUPPLY AVERAGING RELAY STEAM AVERAGING TEMPERATURE RELAY DRUM WATER F. W. FLOW STEAM FLOW LEVEL AIR AIR SUF F SUAVERA LY G. 2 .UPPLY� ' j STANDATROL N RELAY AIR SUPPLY MANUAL,- AUTOMATIC SELECTOR VALVE AIR SUPPLY ' FLOW GAS FLOWROL SHUT- OFF VALE p_*_ AIR SUPPLY AIR SUPPLY AIR SUPPLY -STEAM AIR SUPPLY FORCE DRAFT DAMPER INDUCED DRAFT DAMPER TEMPERATURE CONTROL' DRIVE CONTROL DRIVE DAMPER CONTROL VALVE BAILEY COMBUSTION CONTROL SYSTEM UNIT N,O, 4 AIR FEEDWATER CONTROL VALVE )PPLY p GAS FLOW j STEAM PRESSURE f STANDATROL .9k, y -.IR SUPPLY TAIR "PAIR SUPPLY PPLY AVERAGING RELAY FURNACE DRAFT AIR FLOW I n AIR + - f SUPPrAIR AVERAr RELAY LY _ AVERAGING RELAY �- AIR i SUPPLY STEAM TEMPERATURE F.W. FLOW STEAM FLOW �ZAIR SUPPLY STANDATROL AIR SUPPLY MANUAL -AUTOMATIC -Y�- SELECTOR VALVE a n N AIR SUPPLY v GAS FLOW GAS FLOW CONTROL SHUT-OFF VALVE VALVE > 4 ENERGIZED AIR SUPPLY AIR SUPPLY FROM INTERLOCKS FORCED DRAFT DAMPER INDUCED DRAFT DESUPERHEATER CONTROL DRIVE DAMPER CONTRCL VALVE CONTROL DRIVE �J � BAILEY COMBUSTION CONTROL S UNIT NO. 5 YSTEM AIR SUPPLY —� DRUM WATER LEVEL IJL AIR W C SUPPLY DIFFERENTIAL STANDATROL AIR SUPPLY FEEDWATER CONTROL VALVE