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HomeMy WebLinkAboutResolution - 4015 - Contract - Hammel Scale Of Texas Inc - Truck Weight Scale,Sanitary Landfill - 11/12/1992Resolution No. 4015 November 12, 1992 Item #19 RESOLUTION E 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 by and between City of Lubbock and Hammel Scale of Texas, Inc. to furnish and install one motor truck scale at the City of Lubbock Landfill site, 6500 N. Avenue P, Lubbock, Texas, attached herewith, 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 fully copied herein in detail. Passed by the City Council this ATTEST: �� �- <�- GA&_ Sally Still A66e, Acting City Secretary APPROVED AS TO CONTENT: jj� q- A.,/ zctor Kilmah, Acting Furchasing Manager APPROVED AS TO FORM: /ry.,f- Harold Willard, Assistant City Attorney BW:js/HANMEL.BES D1-Agenda/November 2, 1992 12th day of November , 1992. DAVID TON, YGR CITY OF LUBBOCK SPECIFICATIONS FOR TRUCK WEIGH SCALE SANITARY LANDFILL BID # 12246 CITY OF LUBBOCK Lubbock, Texas 1 INS Office of Purchasing ' City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 ®06-787-2167 MAILED TO VENDOR: October 2, 1992 CLOSE: October 9, 1992 @ 2:00 P.M. BID #12246 : TRUCK WEIGH SCALE -SANITARY LANDFILL ADDENDUM # I PLEASE MODIFY OR AMEND CONTRACT DOCUMENTS AS FOLLOWS: 1. Time for Completion shall be changed to thirty 30 consecutive calendar days. 2. At Equipment; page 1; item 1; should read "The scale shall be an above ground, modular section motor truck scale with steel deck. Minimum capacity shall be 120,000 pounds with a dual axle (CLC) of 55,000 pounds. 3. At Equipment; page 1; item 4: should read "The total height is not to exceed sixteen (16) inches. 4. At Equipment; page 2; iters 12: "Please delete the requirement for personnel to be directly employed by the manufacturer. Factory trained personnel will qualify. 5. At Equipment; page 2; item 10: please change to read "The scale load receiver shall have an unconditional five (5) year warranty, including the load cells against lightning damage. 6. At Specifications and Software; page 3; paragraph 2: Please delete the requirements for hardware. Paragraph and section is for software reporting systems only. THA�Vi�C% YOU, on Shui'fi , BUYER 11 IPLEASE RETURN ONE COPY WITH YOUR BID CITY OF LUBBOCK SPECIFICATIONS for TITLE: TRUCK UEIGK SCALE SANITARY LANDFILL ADDRESS: BID NUMBER: 12246 PROJECT NUMBER: 2143-541101-9760 CONTRACT PREPARED BY: Purchasing Department ME THIS PAGE LEFT BLANK INTENTIONALLY INDEX PAGE 1. NOTICE TO BIDDERS..........................................................................................3 2. GENERAL INSTRUCTIONS TO BIDDERS............................................................................5 3. BID PROPOSAL - BID FOR LUMP SUM CONTRACTS.................................................................10 4. PAYMENT BOND..............................................................................................14 5. PERFORMANCE BOND..........................................................................................17 b. CERTIFICATE OFINSURANCE..................................................................................20 7. CONTRACT..................................................................................................22 8. GENERAL CONDITIONS OF THE AGREEMENT.......................................................................24 9. CURRENT WAGE DETERMINATIONS...............................................................................42 10. SPECIFICATIONS............................................................................................43 11. SPECIAL CONDITIONS........................................................................................44 12. NOTICE OF ACCEPTANCE......................................................................................45 -2- THIS PAGE LEFT BLANK INTENTIONALLY t 1 1 i NOTICE TO BIDDERS -3- THIS PAGE LEFT BLANK INTENTIONALLY NOTICE To BIDDERS BID # 12246 Sealed proposals addressed to Gene Eads, C.P.M., Purchasing Manager, City of Lubbock, Texas, will be received at the office of the Purchasing Manager, 1625 13th St., Roan L-04, Lubbock, Texas, 79401, until ' 2:00 o'clock 12.m. on the 9th day of October. 1992 or as changed by the issuance of formal addenda to all planholders, to furnish ell Labor and materials and perform all work for the construction of the following described project: TRUCK NEIGH SCALE - SANITARY LANDFILL After the expiration of the time and date above first written, said sealed proposals will be opened by the Purchasing Manager at his office and publicly read aloud. It is the sole responsibility of the bidder to insure that his bid is actually in the office of Gene Eads, Purchasing Manager for the City of Lubbock, prior to the expiration of the date above first written. The City of Lubbock will consider the bids on the 22nd day of October. 1992 at Municipal Bldg., 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 525,000.00. Said statutory bonds should be issued by a company carrying a current Best Ratinn of B or sgperior, as the rating of the bond company is a factor that will be considered in determination of the lowest resoonsibLe 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 proposal bond from a reliable surety company, payable without recourse to the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him. It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regardingall local conditions under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and considered in the preparation of the bid submitted. The plans, specifications, proposal forms and contract documents may be examined at the office of the Purchasing Manager for the City of Lubbock, Texas. Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159x, Vernon's Am. 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. 1 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, calor, sex, or national origin in consideration for an award. There will be a pre-bid conference on 2nd day of October, 1942 at 10:00 o'clock a.m., Personnel Conference Room #108, Municipal Building, 1625 13th Street. C1TY OF LUBBOCK BY: Gene Eads, C.P.M. Purchasing Manager ADVERTISEMENT FOR BIDS BID # 12246 Sealed proposals addressed to Gene Eads, C.P.M., Purchasing Manager, City of Lubbock, Texas, wilt be received at 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 9th day of October, 1992, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and perform all work for the construction of the following described project: TRUCK WEIGH SCALE - SANITARY LANDFILL After the expiration of the time and date above first written, said sealed proposals will be opened by the Purchasing Manager at his office and publicly read aloud. The plans, specifications, proposal forms and contract documents may be examined at the office of the Purchasing Manager for the City of 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, Texas. Each bidder's attention is further directed to the provisions of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning such wage scales and payment by the contractor of the prevailing rates of wages as heretofore established by the City of Lubbock. 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, or national origin in consideration for an award. There will be a prebid conference on 2nd day of October. 1992, at 10:00 o'clock a.m., Personnel Conference Room 108, Municipal Building, 1625 13th Street. r BY: Gene Eads, C.P.M. PURCHASING MANAGER THIS PAGE LEFT BLANK INTENTIONALLY fl 1 GENERAL INSTRUCTIONS i0 BIDDERS THIS PAGE LEFT BLANK INTENTIONALLY GENERAL INSTRUCTIONS TO BIDDERS 1. SCOPE OF WORK The work to be done under the contract documents shall consist of the following: Furnish and install (1) one motor truck scale with a capacity of 60 tons and a weighing platform of 70 feet by 10 feet. The contractor shalt furnish all Labor, superintendence, machinery, equipment and all materials necessary to complete this project in accordance with contract documents. CONTRACT DOCUMENTS All work covered by this contract shall be done in accordance with contract documents described in the Gen- eral 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 shalt be responsible for the satisfactory completion of all work contemplated by said contract documents. a 3. PLANS FOR USE BY BIDDERS It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge of forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders. 4. TIME AND ORDER FOR COMPLETION The construction covered by the contract documents shall be fully completed within 14 (FOURTEEN) calendar days from the date specified in the Notice to Proceed issued by the City of Lubbock to the successful bidder. The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City reserves the right to require the Contractor to submit a progress schedule of the work contemplated by the contract documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the progress of the work is not in accordance with the progress schedule so sub- mitted, the City may direct the Contractor to take such action as the City deems necessary to insure comple- tion of the project within the time specified. 5. PAYMENT All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract documents. 6. 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. -5- 7. KATERIALS 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 pro- tecting 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 provi- sion. 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. 8. GUARANTEES All equipment and materials incorporated in the project and all construction shall be guaranteed against de- fective 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). 9. 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 di- rectly to the Contractor. The Contractor shall then distribute copies of plans and specifications to sup- pliers, subcontractors or others, as required for proper prosecution of the work contemplated by the Con- tractor. 10. PROTECTION OF THE WORK The Contractor shall be responsible for the care, preservation, conservation, and protection of alt materi- als, supplies, machinery, equipment, tools, apparatus, accessories, facilities, and all means of construc- tion, 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 re- serves 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 proposed contract and alt work in progress with bond amounts and percentage completed. (b) A sworn statement of the current financial condition of the bidder. (c) Equipment schedule. 11. 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 ma- terials to be incorporated into the work without paying the tax at the time of purchase. -6- �- 12. 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 construc- tion of the project contemplated by these contract documents. The City of Lubbock agrees that it will fur- nish Contractor the location of all such underground lines and utilities of which it has knowledge. How- ever, such fact shall not relieve the Contractor of his responsibilities aforementioned. All such under- ground 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. 13. BARRICADES AND SAFETY MEASURES The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger sig- nals, 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 re- placed by Contractor at his own cost and expense. The Contractor's responsibility for maintenance of barri- cades, signs, and lights shall not cease until the date of issuance to Contractor of City's certificate of acceptance of the project. 14. EXPLOSIVES The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City. in all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for all damage which may occur as a direct or indirect result of the blast- ing. In addition, in all cases where explosives are authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of construction activity. Explosive materials shall not be stored or kept at the construction site by the Contractor. In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however, shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations. 15. CONTRACTOR'S REPRESENTATIVE The successful bidder shall be required to have a responsible local representative available at all times while the work is in progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number where such local representative may be reached during the time that the work contemplated by this contract is in progress. 16. 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 subroga- tion. 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. 17. LABOR AND 'WORKING HOURS Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these contract documents. The wage rate which must be paid on this project shall not be Less than specified in the schedule of general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the requirements of Article 5159a, Vernon's Annotated Civil Statutes providing for the payment of the wage schedules above mentioned and the bidder's obligations there- under. The inclusion of the schedule of general prevailing rate of per diem wages in these contract docu- ments does not release the Contractor from compliance with any wage law that may be appLicable. Construc- tion 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 Bander this contract which is hazardous or dangerous to property or life, the Contractor shalt 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. 18. 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 deduc- tions (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. -8- The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each taborer, 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. 19. PROVISIONS CONCERNING ESCALATOR CLAUSES Proposals submitted containing any conditions which provide for changes in the stated bid price due to in- creases or decreases in the cost of materials, labor or other items required for the project will be re- jected and returned to the bidder without being considered. 20. PREPARATION FOR PROPOSAL ' The bidder shalt submit his proposal on forms furnished by the City. All blank spaces in the form shall be correctly filled in and the bidder shalt state the price both in words and numerals, for which he proposes to do the work contemplated or furnish the materials required. Such prices shall be written in ink, dis-tinctly 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 proposal is submitted by an indi- vidual, his name must be signed by him or his duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink. Each proposal shall be enclosed in a sealer! e:, ape, 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) Proposal for (description of the project). Bid proposals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no proposal may be withdrawn or altered thereafter. 21. BOUND COPY OF CONTRACT DOCUMENTS Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the fol- lowing: (a) Notice to Bidders. (b) General Instructions to Bidders. (c) Bidder's Proposal. (d) Statutory Bond (if required). (e) Contract Agreement. (f) General Conditions. (g) Special Conditions (if any). (h) Specifications. (i) Insurance Certificates. (j} All other documents made available to bidder for his inspection in accordance with the Notice to Bidders. If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by reference into the aforementioned contract documents. IM .9- THIS PAGE LEFT BLANK INTENTIONALLY 1 n 1 1 1 1 8[D PROPOSAL -10- THIS PAGE LEFT BLANK INTENTIONALLY BID PROPOSAL BID FOR LUMP SUM CONTRACTS PLACE. City of Lubbock Sanitary Landfill DATE 10-9-92 PROJECT NO. 2143-541101-9760 Proposal of Hammel Scale of Texas, Inc. (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 Motor Truck Scale with 70' X 11' Steel Deck and 100 ton Capacit having carefully examined the pians, specifications, instructions to bidders, notice to bidders and all other re- lated contract documents and the site of the proposed wort, and being familiar with all of the conditions surround- ing the construction of the proposed project including the ,vailabitity of materials and labor, hereby proposes to furnish all labor, materials, and supplies; and to construct the project in accordance with the plans, specifica- tions 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, of which this proposal is to be a part, is as follows: MATERIALS Thirty Three Thousand Five Hundred Fourty (s 33,540._00_ ) SERVICES: Nine Thousand Four Hundred Eleven Dollars (S 9,411.00 TOTAL BID• Forty Two Thousand Nine Hundred Fifty One (f 42,951.00 ) *NOTE: Add for options as listed. 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 -4ti4 (FOURTEEN) consecutive cal- endar 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 $50.00 (Fifty dollars) for each consecutive calendar day in excess of the time set forth hereinabove for completion of this project, all as more fully set forth in the general conditions of the contract documents. Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with in- struction number 20 of the General Instructions to Bidders. Bidder urderstards that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding. The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the scheduled closing time for receiving bids, * OPTIONS: 1. Semi—annual Test and Inspection only ........$ 250.00 ea. 2. Full Maintenance Contract pricing for three (3) years ........$ 5165.00 3. Extended Three (3) year Warrancy ............$ 3125.00 -11- 1 The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examir the plans, specifications and contract documents pertaining to the work covered by this bid, and he further agr to coarnence work on or before the date specified in the written notice to proceed, and to substantially cou; work on which he has bid; as provided in the contract documents. Enclosed with this proposal is a Cashier's Check or Certified Check for 2 1 4 $- Dollars (S ) or a Proposal Bond in the sum of Two Thousand one UUn,_ r'ed. Dollars (s r viv �� , . which it is agreed shall be collected and retained by the owner as liquidated amages in t1e event the proposal accepted by the owner and the undersigned fails to execute the necessary contract documents and the required bo! (if any) with the owner within ten (10) days after the date of receipt of written notification of acceptance of proposal; 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 alt tract documents made available to him for his inspection in accordance with the Notice to Bidders. Harrffnel Scale of Texas, Inc Contractor BY Dan Gray (Seal if Bidder is a Corporation) ' ATTEST: Secretary -12- M LIST Of SUBCONTRACTORS This form shell be c2MLeted and submitted with the Bidder's Pr sal. 1. Lewis Distributor's 2. 3. 4. 5. 5. ' 7. 8. 9. 10. -13_ Minority Owned Yes No XX pIUI 'KY It 'TYA UNITED STATES FIDE AR ANTY COMPANY N: any) BID BOND BONDNUMBER ........................................................................................ -4 KNOW ALL MEN BY THESE PRESENTS: THAT ......... H.A.M.M.El .... S.C.ALE .... OF......... INC, ................................................................. .................... ............................................. .. .. ........ ...... ............ .. ......... ................................................. .................................................................. of ................................................... ................................................................ i. ................................ .................................. ............................................................. as Principal and UNITED STATES FIDELITY AND CITY .... OF .... L.U.B.B.0c.K.....TEXAS ................ GUARANTY COMPANY, a Maryland corporation, as Surety, are held and firmly bound unto....... .. .. .. .. .. .. ..... ... . ............... .................................................................................................................................................................................................................................................. FIVE (5%) OF TOTAL BID asObligee, in the full and just sum of .............................................................................................................................................................................. .............................................................................................................................................................................................................. ................... Dollars, lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. K.. WHEREAS, the said Principal is herewith submitting its proposal INSTALLATION OF TRUCK SCALES THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will, within the time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between .4: kk the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work if the latter amount he in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof. Signed, sealed and delivered 1.q-2-19.2 .............. ................. (Date) HAMDIEL SCALE OF TEYAS, INC. ............................ ........................................... ..................................... .. ..... (SEAL) . LN: UNITED STATES FIDELITY AND GUARANTY COMPANY � L�5'� ...................... . .................. ...... . ...... .... ittorney.-in-fact Contract 11 (Revised! (1-74) Certified Copy N2 019951 GENERAL POWER OF ATTORNEY 4gELI7Y,�Q NO. 104397 W KNOW ALL MEN BY THESE PRESENTS: e That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Donald R. Wasson, Shirley A. Timmons, Wilma A. Flattery, Bruce A. Pearson, Robert H. Curry, Carol E. Elliott, Mark R. DeWitt. Kenneth E. Pauly, David W. Delker, Donald D. Deutsch, Linda A. Farrier. M. Elizabeth Swinicki and Earl B. Meyers of the City of Wichita , State of Kansas Y its true and lawful attorney(s) in and for the State of Kansas for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney-, and the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever tkgxxkd anyone of the said Donald R. Wasson and the said Shirley A. Timmons and the said Wilma A. Flattery and the said Bruce A. Pearson and the said Robert H. Curry and the said Carol E. Elliott and the said Mark R. DeWitt and the said Kenneth E. Pauly and the said David W. Delker and the said Donald D Deutsch and the said Linda A. Farrier and the said M. Elizabeth Swinicki and the said Earl B. Meyer: may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate.seal; duly attested by the signatures of its Vice President and Assistant Secretary, this 24th day of July , A. D. 19 92 } y E UNITED STATES FIDELITY AND GUARANTY COMPANY tags (Signed) By ........... .. , .. ... .. . 1�}} Att1-'4} Vice dint (SEAL) (Signed) ........ .................I............. Assistant Swmtary STATE OF MARYLAND ) ss: BALTIMORE CITY ) On this 24th day of July , A.D. 19 92 , before me personally came W.J.D. Somerville, Jr. , Vice President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Paul D. Sims , Assistant Secretary of said Company, with both of whom I am personally acquainted. who being by me severally duly sworn, said, that they, the said W.J.D. Somerville. Jr, and Paul D. Sims were respectively the Vice President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attomey; that they each knew the seal of said corporation; that the seal affixed to said Power of Attomey was such corporate seal, that it was so affixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice President and Assistant Secretary, respectively, of the Company. My Commission expires the firat day in March A. D. 19 95 11th / f .tom , eo (Signed? ... NOTARY PUBLIC FS 3 (rz-sr} imaJaos IUnslssa 'Fp I � ' ` Y{01EQ} a1Yno j� Z661 `L -Tagoja0 uo AjWdWOD AINV-NVfID (INV AD13QI.d S91VIS UELUNfl 0141 jo tras 041 pup purq Rw 1as olunaJaq anpq I '3o2JagM �uowtlsaj uI -halls pup salol IInI ut sonulluoa gaTgm uotlnlosoi p!Es 3o Xdoo lo=oo pup an4 E sl gurogaJo-I aq1 1pga pup 'luasoid sum sJoloaJI 13o pJrog aq1 Io wnionb p Sutlaaw gotqA% 1r '1661 'q:).mW 3o AEP g19Z a41 uo PIN P' PaIIEo ,Clnp 2upaaw E 1p kNVdWOD AI.NVHVfID GN`d UI'13GIA Sg.i.VIS Ga lNfl;o sJolox'(3 3o pnog a41 Aq POadopr uotinlosw anoqu 04) jo XluoglnE Aq pup Japun aJnlru$!s poonpoidw XIlroturgaaw Jo uallumadki 'aliwtsor; Aq pau$!s aq Autu ,(doo pagraJa) SILLL -XtmdwoO mp ,Io kniamS lupastssd Sup jo oumuuais al!wtsarl aq1 Xq aq Arw uoppaggIQo qons 'leas poxglE pur aJnlpu&s uallumpupq E se aums ;)q1 palpaiy oq 11egs `AuEdwoO sigi Aq panss! 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UUJIpun 'suollrindils 'suopu2tlgo •saaurziu$oaaJ 'spuoq Ile pup ,fur -lo suoprpuoo aq) aaauvirng pup alnoaxa of sauagp Jo lua5p Jo 'aap-I-ut-sxouJoalr Jo x3wollr sli sr Pur awpu s11 ut 'osld put, 'pamollr mel Aq Jo 'sSutpaaooJd Jo suoilor Ile u! paalimad Jo pannbaJ 's2ul)IeaJapun pun spuoq Su!amaiun3 Jo gwlnoaxa pup saia!lod aourJnsut urga Jagao sloriluoa Io saouruuo3Jad aqa SulaaluEiung `1sru1 a1EAud Jo ailgnd Io suoii!sod Buiploq suosJad jo 4lilapg agl jiulaa]urJrn� saapJluoa Ile pup Cup JaAilap pup aanaaxa o1 `1ar s1t se pue awEu slr ut `XupdwoO pips Io siva2r Jo auafr Jo '1orj-ul-sA,?ujollr Jo i(al1Jo11E su suosJad to uossad Aue lutoddr o1 'Ir -as omiodJoa sat Japun 'satJrlWOPS 1urlstssd sit 3o auo Jo � JrjwoaS s1! galm uoilounCuoa ut sluap!saJd aoTA iF sli Io Ja41ta Jo luap!soid sp Jamodwa pup azuo4anu `scop AgaJaq 1! pup 'op �CurdwoD slga lrgl 'panlosaN 1! aq 'aJolaJaLLL 'EprupO -Io sauala UZ L pup saaulAOJd aga f ua puE sa1E1S paliufI aqa 3o sauoalJJa,L 0q1 u! Pup 'PurjkmW urga Jaglo sa1r1S ui awpu sl, ut pup 1! .10j lar 01 Xwotime pue Jamod 41!M SAOU-101ir pup siva$r luloddu AuEdwo:) sup argl ssauisnq ,Io uotlorsurJl IEnloaga aq1 103 kirssaaau sl 11 'su'aJ34M lrq.L at luawluioddd Joj AiuotpnV w Ik SNO11MOM AO AdOJ or PAYMENT BOND -14- THIS PAGE LEFT BLANK INTENTIONALLY 0 87012011396926 STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION, 1959 KNOW ALL HEN BY THESE PRESENTS, that Hammel Scale of Texas lt_klj�ereinafter called the Principal(s), as Principa[(s), and UNITED STATES FIDELITY AND GUARANTY COMPANY (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Forty six thousand seventyDbMirs (s 46,076 ) lawful money of the United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, adminis- trators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 12th day of November 19 92 , to I Install Truck Scale and said Principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a sub -contractor in the prosecution of the work provided for in said con- tract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, 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 herein. . -15- IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and seated this instrument this 20L1i day of November I992 Principal IiAMEL SCALE OF TEXAS, INC. /1 ..(Title) By. J (Title) By: UNITED STATES FIDELITY AND GUARANTY C Sur ty� 1 *B ! I (title) Attorney—In—Fact The undersigned surety company represents that it is duty qualified to do business in Texas, and hereby dL ignates Iloward Cowan an agent resident in Lubbock County to whom any requisite notices may be delivered or on whom service of process may be had in matters arising out of such suretyship. UNITED STATES FIDELITY AND GUARAN'T'Y COM Surety *By (� Y`ll�V4: �'1r (,%.'y'ro , I'v Approved as to form: city k By. City Attorney ilk� *Note: If signed by an officer of the Surety Company there must be on file a certified extract from the by -taws ' showing that this person has authority to sign such obligation. if signed by an Attorney in Fact, we must have cc of power of attorney for our fites_ PW M Certified Copy GENERAL POWER OF ATTORNEY NO. 104 397 KNOW ALL MEN BY THESE PRESENTS: NP? 142022 � That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Donald R. Wasson, Shirley A. Timmons, Wilma A. Flattery, Bruce A. Pearson. Robert H. Curry, Carol E. Elliott. Mark R. DeWitt, Kenneth E. Pauly, David W. Delker, Donald D. Deutsch, Linda A. Farrier, M. Elizabeth Swinicki and Earl B. 'Meyers of the City of Wichita , State of Kansas its true and lawful attorney(s) in and for the State of Kansas for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the; said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever tkemaid anyone of the said Donald R. Wasson and the said Shirley A. Timmons and the said Wilma A. Flattery and the said Bruce A. Pearson and the said Robert H. Curry and the said Carol E. Elliott and the said Mark R. DeWitt and the said Kenneth E. Pauly and the said David W. Delker and the said Don ld pp Deutpch and the s id Linda A. Farrier and the said M. Elizabeth Swinicki and the said Earl B. Moyers may awfully do 1n the premises by virtue of these presents. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice President and Assistant Secretary, this 24th day of July , A.D. 19 92 . Y UNITED STATES FIDELITY AND GUARANTY COMPANY >m�attm taus j O, (Signed) By '�f�T Attu Vico iaeni (SEAL) (Signed) .......... ........................... ..... Assistant Secretary STATE OF MARYLAND ) BALTIMORE CITY On this 24th day of July , A.D. 19 92 , before me personally came W.J.D. Somerville, Jr. , Vice President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Paul D. Sims , Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said W.J.D. Somerville. Jr. and Paul D. Sims were respectively the Vice President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so affixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice President and Assistant Secretary, respectively, of the Company. 95 My Commission expires the fust day in March A.D. 19 P lith (SEAL) '1. qui a NOTARY z PUBLIC FS 3 (12-91) (Signed) ... , . ...L'L. .. . NQ1'ARY PUBLIC AJglaiaas lugisrssd , 40, a>r % Age 2661 10Z JogUMA0 I uo kNVdWOD A.LN'd'2[vno GNV A.LI' MJA Sg. vis Qd1.1Nf1 aq) Jo leas 041 pue pugq Aw las olunaiaq 3Agy I 'JoaJayM Auowpsay III '13002 pue aalo3 [InJ ul sanulluoa yaiynt uollnlosai pies Jo Ado3 loomoa pug arul g sl SuroSaioJ ayi 1g41 pug i~ 'luosaid sem sJo13011Q Jo pJeog aql Jo wruonb u Sullaaw yal4M 19'1661 '43JnW Jo Agp 4i9Z a4i uo PIa4 Pus palluo Alnp Supaaw g ig JINydWOD A1NVdVf1J GNV A.LI'IRGH SS LN.LS aJlo g,LINfl JO 9JoiaaJo pJgog agi Aq paldopu uolinlosol anoge aqi Jo .(luoglne Aq pue Japun ainleuSls pa3npwdaJ Allgaluugoaw Jo ualliJMadXl `allwls3gJ Ag pauSrs aq Agw Adoa pagliia3 slgy •Augdwoo aq) Jo AJel2naS iusislssV Aug Jo ainleugls allwlsasJ aql Aq oq Agw uopE3ylua3 gins 'Inas paxgJE Pun ainlsuSls ualluMpueq u ss awls aqi paleail aq Ilegs `XugdwoO slyl Aqpanssl AauJolly Jo JaMod Aug Jo Ado3 paypiao a uodn SuLivaddg l0AaJ3gM `Joli iag Jo aiojolaJaq iaglogM 'AuedwoO slgl Jo [gas 04) pus saaag34 Aug Jo oinleuSls poonpcudai A[Igolugg33w Jo ualliJM3dA1 'aptuisnj aql 1x41, '9HA"IOSM sainleuSlS poanpoido-d AIIg3luu439W Jo uaillJMadXL'allwls3gd w 'Sullaaw pigs Jo salnulw oql ul papiwai sn Joaiagi a[ogM aqi pug 'uolinlosai plus Jo Ado3 13auo3 pug anJ1 g sl SuloSaJol ay 1eg1 pug 'luasaJd sum sJo13aJla Jo pJuog aq1 Jo wnronb n Sullaaw 14314M ie '1961 'JagwanaN Jo Aep A 41SZ a41 uo 'ziowli[eg Jo AilO ayi ul Augdwo,) aql Jo 93gJo 041 1g PI24 Pug p911e3 A[np 'AuedwoD' plus Jo sioi3wl© Jo pJgog ayl Jo Supaaw JsInSaJ g lg paldopg uolin[osai g Jo xwensJnd ul uanlS 5gM Aawolld Jo JaMod Plgs 1e41 AJllJa3 Jaq>JnJ op I ped •133JJa pue a3JOJ [InJ ul [[lis sl pug p010A31 uaaq Janau sgy AauJoilV Jo Jarrod s y31gm '1W0j ios ulaJagl su spuoq uSls of we4; Ruinmodwa pus SulzlJoging ' sesue-A 'e41433M 30 sJOAOW 'e IJe3 Pug INDJUJAS U4eg9zT13 'W 'JoTJJgj •V apuTj 'qos;ne© '0 PYrZuaa 'Je)ITea 'M PTAQO 'AIn$d •3 44euuON '34IMs0 'b NJQW 4440TI13 •3 IoJso 1Aiin •H ;JegoN 'uosJeod •V 93nJg 'Ajgj4iajj •V eWIIM 'suowwjj 'V AaIJT4S uossetA 'a PTeuoO of AuedwoO plus Aq uanlS AaulollV Jo JaMod M121Jo a41 Jo Ado:) 13aJJo, anis '[Inl Si SuloSaioJ 'ANVdW00 pup a aql leyl AJl1Jaa Agana op AINV,dv D (INV A.L1"13QId S31.V.LS a81.M 941 JO AJgl31a3S iug)slssd ug ° swTS .Q Ined .I awes ayi Jo Jaglla Jo ainigu aql ul SulglAug Jo 'Sul�[eilapun Jo 'uopu1ndlls 'uolieSllgo 'a3uszluliwai 'puoq gins Aug ul JoJ papinoid aq Asw g3lgM suoliipuo3 Aug Jo Sulq)Aug JO Sulop lou Jo Sulop aq) JoJ p3uollrpu03 'JaAaosiegM salji3gn lip pug Aug ul 'JaAaoSiggM UollpylUp.SJ() Jn Uollumossg J3gl0 JO Allledl3lunw ')soja)ul `zaUjo � 'Apoq 'uopgJodJo3 `Suosnd Jo uosiad AUg JoJ Jo Aq 'J() uoll�aioJd Jo kjpn3as aql JoJ popioz)w JO paig 'palda33g 'paJapual `Uan1$ 'uaNgl 'apglu 'pain3axa aq 01 pajgtund Jo paJlnbai 'paMolle aq 'aslnuaglo Jo 1pdi3lunw 'Incl 'Ja3yJo Jo 339Jo uollgzluu3Jo 'Apoq 'pigaq Aug Jo uoliaJ3slp Jo a3liapJd `swolsno `SJapio `suollgln331 `salni ayi Aq Jo 'gpeup,J Jo salJollJJay Jo s33ulnojd aqi Jo Jo salols pallun ay Jo AJo11JJa1, Jo a1g1S Aug Joo Jsa1p.IS P�Ilufl aqi jo ainlglS Am., Aq Jo 'aSIMJallltt Jo ILdiNunul 'Mp[ Aq Apw Jo We 40i4M 'awes aql Jo Jaylla Jo aJnieu oql ul SulgiAug Jo sRui4ulJapun 'suoupindps 'suoligSllgo 'saauuziu2o3aJ `spuoq jlg Pug Aug Jo suolllpuo3 aql aaiugienS pun ainoaxo 01 sluagg Jo 1ua3e Jo `13rj-ul-Sxauioiip AauJolle 'olid ` Jo sil SP pug awgU sil UC _ Pup 'paMolle Msl Aq Jo `s2lwpaa3old Jo suoll3e 11g Ul pallluuod Jo pailnbai 'sSuixglJapun pug spuoq SulaalueignS Jo Sullnoaxa pug saloilod a3uginsui ueyl Jaglo slagJluoa Jo saauuuuoJJad ayi SulaalueJgn'd "isnJl aienud Jo 3ilgnd Jo suolllsod Sulploy suosiad Jo Alllapg aqi SulaaiueJenS slauiluoa [[g pug Aug Jangap pug oinaaxa of 'Joe sll su pug awgu sp ul 'Augdwo0 plus Jo sluaSe Jo luaSe Jo'13gJ-ul-sXauiolig Jo Aawoiie se suosiad Jo uosiod Aug lulodde of 'leas aieJodioa sl! Japun 'sQuelaIMS luelslssd sll Jo auo Jo AJglanaS sll gllM uollaunfuo3 ul_ sluaplsaid 3:)[A511 Jo Jaglla Jo luaplsaJd sil nmoduia pup. azliogine `scop AgaJaq ll pug 'op Aui duio0 slgl Iggi `paAlosall it aq 'aJoJaiagj 1P 'gpgugZ) Jo sauoil.uay pus sa3ulnoid ayl +� al pug salols pauuil 041 Jo sauollsiay 241 ul pee 'puglAJeIM uegl Jay10 salols ul aweu sll ul pug 1! JoJ In of Aluoglne pup JaMod 411M sAauiollg pug sivaSe iulodde Augdwo:) slgi 7Eg1 ssaulsnq Jo uollousugil [uriwjj3 aql JoJ AJesswau sl 1! 'sgaiagA& logy i* waLumoddy JoJ Ailioglny SNOLLf110Sgg 40 AdOD 1 1 1 1 1 PERFORMANCE BOND -17- THIS PAGE LEFT BLANK INTENTIONALLY 87012011396926 STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION 1959 IIAMMEL SCALIs OF TEXAS, INC. KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the Principat(s), as Principal(s), and UNITED STATES FIDELITY AND GUARANTY COMPANY (hereinafter called the Surety(s), as Surety(s), are held and firmly bound unto the City of Lubbock (hereinafter called the Obligee), in the amount of Forty six thousand seyentyDSl$ars (S 46,076 ) lawful money of the ■ United States for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administra- tors, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated thel_2_tWay of November , 19 9� to Install Truck Scale and said principal under the law is required before commencing the work provided for in said contract to execute a bond in the amount of said contract which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully per- form the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, regular session 1959, and all liabilities on this bond shalt be determined in accordance with the provisions of said article to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal (s) and Surety (s) have signed and scaled this instrument this 2 0 LI1 day of November , 19 92 UNITED STAT IDELITY AND GUARANTY COMPANY HAMMEL SCALE OF TEXAS, INC. Surety principal fB By: t r Al(Title) `r"2Ez Cr' c Attorney—In—Fact (Title) (Title) -C, By: (Title) -i8- a The undersigned surety company represents that it is duly qualified to do business in Texas, and hcret designates Howard COw agent resident in Lubbock Count to whom an Y y requisite notices may be delivered a,� whom service of process may be had in matters arising out of such suretyship. UNITED STATES FIDELITY AND GUARAV I Surety (vTitle) Approved as to Form City of Lubbock By. rem City Attorney i. Z *Note: If signed by an officer of the Surety Company, there must be on file a certifiedextract from the by-[ showing that this person has authority to sign such obligation. If signed by an Attorney in Fact, we must har ' of power of attorney for our files. i C j E —19- 1 N'2 142023 Certified Copy GENERAL POWER OF ATTORNEY \O�LITf,V, NO. 104397 •rsae• KNOW ALL MEN BY THESE PRESENTS: � That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Donald R. Wasson, Shirley A. Timmons, Wilma A. Flattery, Bruce A. Pearson, Robert H. Curry, Carol E. Elliott, Mark R. DeWitt, Kenneth E. Pauly, David W. Delker, Donald D. Deutsch, Linda A. Farrier, M. Elizabeth Swinicki and Earl B. Meyers of the City of Wichita , State of Kansas its true and lawful attorney(s) in and for the State of Kansas for the fallowing purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever thwooid anyone of the said Donald R. Wasson and the said Shirley A. Timmons and the said Wilma A. Flattery and the said Bruce A. Pearson and the said Robert H. Curry and the said Carol E. Elliott and the said Mark R. DeWitt and the said Kenneth E. Pauly and the said David W. Delker and the said Don�ld t] Deutpch and the said Linda A, Farrier and the said M. Elizabeth Swinicki and tho said Earl f3. Mayors may awfully do in the premises by virtue of these presents. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice President and Assistant Secretary, this 24th day of July , A.D. 19 92 . G�ro'. UNITED STATES FIDELITY AND GUARANTY COMPANY .. (Signed) Ey•.••VIS6ill A/Lj 0 (SEAL) (Signed) ....... I ......... ................. .........v.., Assistant Sxtclary STATE OF MARYLAND ) ss: BALTIMORE CITY } On this 24th day of July A.D. 1992 , before me personally came W.J.D. Somerville, Jr, , Vice President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Paul D. Sims , Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said W.J.D. Somerville, Jr. and Paul D. Sims were respectively the Vice President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so affixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice President M and Assistant Secretary, respectively, of the Company. My Commission expires the � day in March A.D. 19 95 P' 11th (SEAL) ��.�.�q� (Signed).. ... . .............. . 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Jo IMAP JO 'IaP.J-u1-SA3U1OIje JO AauJollr. sl! sr, pur. atltrtl sl! ut 'osiV pus 'pamollu mel Aq Jo 's8utp22oo.1d ao suotlau jig ul pall!uuod to paainbaa 's8unlguapun pug spuoq Sumalugat:n8 ao 8ullnaaxa pun sato!lod aaueansut until aaglo similuoa Jo s-3aueuuoJ.1ad oql $uiamumun8'Isnal algnud.10 3llgnd Jo suop!sod 8utploq suosa3d Jo Aplapy agl 8u!aalueaen8 slagaluoa lie pun due .1aAllap pug alnaaxa of 'lag sl! se pug aweu sit u! 'AugdwoD p!es Jo sluagn ao lu3su Jo `IaeJ-u!-sAaua011e ao AattJ011n st, suosaad ao uosiad Aue lutoddu of `leas ale.1od.1oa sl! tapun `sat.1elaa3aS IuelstssV sit Jo auo Jo kw1woaS sit yi!m uollounfuoo w sluap!saJd 031A SI! JO .1-341!0 Jo luap!saJd sit aamodwa pun aztaoglnu 'scop Agaaaq I! pup 'op Auedtuoj sail leg) 'panlosall It aq `aaoJaaaq,l, :BpeueO Jo sauoluJa,I< pue s23U1AOJd atii ut pus saleiS p21!un 041 Jo sauol!.1aay ayI u! pug 'puglAaglrq until Jag10 saIVIS ul aweu sl! ut put: I! JoJ lag of Auaotim- pun aamod 4l!m sAawolle pun slua8e Iutoddg Auedwo0 s!ql legi ssoulsnq Jo uotlaesugal lgnloaJJa oq1 .1oJ Aaessaaau st I! 'suwat(M IntLL luawlu!oddV .1oJ AluotilnV SNOLLMOS921 d0 AdOJ ML op b, w 16 CERTIFICATE OF INSURANCE -20- THIS PAGE LEFT BLANK INTENTIONALLY 316-264-5311 COMPANY LETTER A Continental Casualty Co. COMPANY LETTER B Transcontinental I ns Co INSURED COMPANY LETTER C Hammel Scale of Texas, Inc. 1530 N Mosley COMPANY LETTER D REV I SED Wichita KS 67214 COMPANY LETTER E UEM .. .......... .. .. .. .. ... ................. .. .. .. .. ...... .. ........ ...... .. .. .. .. . .. ....... .. ......................... THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, co LTH TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MM/DD/YY) POLICY EXPIRATION DATE(MM/DD/YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ 2,000000 PRODUCTS-COMP/OP AGG. $ 1,000000 8 X COMMERCIAL GENERAL LIABILITY TPP706760342 3/31192 3/31/93 —CLAIMS MADE 1-7x OCCUR. PERSONAL & AOV. INJURY $ 1,000000 EACH OCCURRENCE S 1 0000010 OWNER'S & CONTRACTOR'S PROT. FIRE DAMAGE (Any one fire) $ 50,000 MED. EXPENSE (Any one person $ 5,000 A AUTOMOBILE LIABILITY ANY AUTO BUA706758400 3/31/92 3!31/93 COMBINED SINGLE LIMIT 1,000000 :X] BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY $ HIRED AUTOS X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY EXCESS LIABILITY EACH OCCURRENCE S 1 000000 AGGREGATE s 1 000000 A UMBRELLA FORM CUP 114660447 3/31/92 3/31/93 OTHER THAN UMBRELLA FORM A WORKER'S COMPENSATION AND WC006758399 3/31/92 3/31/93 STATUTORY LIMITS EACH ACCIDENT $ 500,000 DISEASE -POLICY LIMIT $ 500 000 EMPLOYERS'LIABLITY - DISEASE -EACH EMPLOYEE $ 500.000 OTHER B Installation 906760341 3/31/92 3/31/93 Limit $47,000/$250 Floater A CCP 17319593 11/19/921 11/19/93 $1,000,000 Occurenc DESCRIPTION OF OPERATIONSLOCATIONSIVEHICLE$ISPEcIAL ITEMS Certificate holder is addtional insured on General Liability, Business Auto and Umbrella regarding contract 11/12/92 with the City of Lubbock, Tx Citv of Lubbock, Texas is Named Insured on Builders Risk & OCP SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE City of Lubbock Texas LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Lubbock, Texas 79407 LIABILITY OF ANY KIND UPON THE COMPANY, YTS AGENTS OR REPRESENTATIVES, 046274000 " i-11 '! r " 4:aq " F CONTRACT -2Z- THIS PAGE LEFT BLANK INTENTIONALLY CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 12th day of November 1992, by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and HAMMEL SCALE OF TEXAS, INC. of the City of LUBBOCK, County of LUBBOCK and the State of TEXAS, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CON- TRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as fol- lows: BID # 12246 - TRUCK WEIGH SCALE - SANITARY LANDFILL PROJECT IN THE AMOUNT OF $46,076.00. and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, Labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and d� ctio provided in the contract documents and to make payment on account thereof as provided therein. ( IN WITNESS WHEREOF, the parties to these presents hale executed this eemen't in Lubbo , Lubbock Texas in the year and dayfirst above written. ////// ATTEST: 110 �5 Secretary APPROVED AS TO CONTENT: v APPROVED AS TO FOR ATTEST: Corporate Secretary 1 I CI MAYOR HAMMEL SCALE OF TEXAS, INC. CONTRACTOR By: TI LE: 0.0 . COMPLETE ADDRESS: 5726 40TH STREET LUBBOCK T% 79407 THIS PAGE LEFT BLANK INTENTIONALLY GENERAL CONDITIONS OF THE AGREEMENT -24- THIS PAGE LEFT BLANK INTENTIONALLY GENERAL CONDITIONS OF THE AGREEMENT OWNER Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this con- tract, it shall be understood as referring to the City of Lubbock, Texas. Z. 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, co -partnership or corporation, to -wit: HAMMEL SCALE OF TEXAS, 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 LEE RAMIREZ, SOLiD WASTE SUPERINTENDENT, City of Lubbock, under whose supervision these contract documents, including the plans and specifications, were prepared, and who wit[ inspect construc- tions; 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 wilt 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 documents shall consist of the Notice to Bidders, General Instructions to Bidders, Proposal, Signed Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for his inspection in accordance with the Notice to Bidders. 5. INTERPRETATION OF PHRASES Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of the Owner's Representative is intended; and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like import shall mean approved by or acceptable or satisfactory to the Owner's Representative. Whenever in the Specifications or drawings accompanying this agreement, the terms of description of various qualities relative to finish, workmanship, or other qualities of similar kind which cannot, from their na- ture, be specifically and clearly described and specified, but are necessarily described in general terms, the futfillment of which must depend on individual judgment, then, in all such cases, any question of the fulfillment of said Specifications shall be decided by the Owner's Representative, and said work shalt be done in accordance with his interpretations of the meaning of the words, terms, or clauses defining the character of the work. b. 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 re-sponsibility 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. -25- 7. WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent certified maiL to the last business address known to him who gives the notice. 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 docu- ments. 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 wetl known, technical or trade meaning shad be held to refer such recognized standards. AIL 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 docu- ments 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 shalt 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 docu- ments. He will not be required to make exhaustive or continuous on-site 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 docu- ments, 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 on-site 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. -26- 13. LINES AND GRADES All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commence- ment 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 Con- tractor shalt be allowed no extra compensation therefore. The Contractor shall give the Owner's Repre- sentative ample notice of the time and place where tines and grades will be needed. All stakes, marks, etc., shall be carefully preserved by the Contractor, and in case of careless destruction or removal by him, his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the Owner's Representa- tive at Contractor's expense. 14. OWNER'S REPRESENTATIVE'S AUTHORITY AND DUTY Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative 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 cases, decide every question which may arise relative to the execution of this contract on the part of said Contractor. The Owner's Representative's estimates and findings shall be conditions precedent to the right of the parties hereto to arbitration or to any action on the contract, and to any rights of the Contractor to receive any money ander this contract; provided, however, that should Owner's Representative render any decision or give any direction, which in the opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with said Owner's Representative within 30 days his written objection to the decision or direction so rendered, and by such action may reserve the right to submit the questions so raised to arbitration as hereinafter provided. It is the intent of this Agreement that there shall be no delay in the execution of the work, therefore, written decisions or direc- tion of the Owner's Representative as rendered shall be promptly carried out, and any claim arising there- from shall be thereafter adjusted to arbitration as hereinafter provided. 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 all questions which may arise rela- tive to the execution of the work or the interpretation of the contract, specifications and plans. Should the Owner's Representative fail to make such decision within a reasonable time, an appeal to arbitration may be taken as if his decision had been rendered against the party appealing. 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 kd said material is furnished and said work is done in accordance with the specifications therefore. The Con- tractor 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. I I 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 Con- tractor 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 na- ture and location of the work, the confirmation of the ground, the character, quality and quantity of mate- rials 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. 18. CHARACTER Of 'WORKMEN The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required under this contract, to do the work; and agrees that whenever the Owner's Representative shall inform him in writing that any man or men on the work, are, in his opinion, incompetent, unfaithful, or dis- orderly, such man or men shalt be discharged from the work and shall not again be employed on the work with- out the Owner's Representative's written consent. 19. CONSTRUCTION PLANT The Contractor shalt provide all labor, tools, equipment, machinery and materials necessary in the prosecu- tion and completion of this contract where it is not otherwise specifically provided that Owner shall fur- nish same, and it is also understood that Owner shalt 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 ob- servation, shall be constructed and maintained by the Contractor in such manner and at such points as shalt be approved by the Owner's Representative and their use shall be strictly enforced. -28- ' 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 obser- vation and testing at any location wherever work is in preparation or progress. Contractor shall ascertain ' the scope of any observation which may be contemplated by Owner or Owner's Representative and shall give am- ple notice as to the time each part of the work will be ready for such observation. Owner or Owner's Rep- resentative may reject any work found to be defective or not in accordance with the contract documents, re- gardless 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 Repre- sentative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representa- tive 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 wilt be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. ir 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 Representa- tive, be uncovered for observation and testing at the Contractor's expense. The cost of all such inspec- tions, tests and approvals shall be borne by the Contractor unless otherwise provided herein. Any work which faits 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 shalt 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, 1b tests, or approvals shalt 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, shalt be deemed by the Owner or Owners' Representative as un- suitable 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 re- build or otherwise remedy such work so that it shall be in fult accordance with this contract. It is fur - db ther agreed that any remedial action contemplated as hereinabove set forth shall be at Contractor's expense. 23. CHANGES AND ALTERATIONS ar The Contractor further agrees that the Owner may make such changes and alterations as the owner may see fit, in the lire, grade, form dimensions, plans or or materials for the work herein contemplated, or any part ilk 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 in- crease 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 -29- case the owner shall make such changes or alterations as shall make useless any work already done or mate- rial 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, al- teration or addition to the work as shown on the plans and specifications or contract documents and not cov- ered by Contractor's proposal, 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 Representa- tive 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 shalt be determined by the following methods: Method (A) By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) If neither Method (A) or Method (B) be agreed upon before the extra work is com- menced, then the Contractor shall be paid the actual field cost of the work, plus fifteen (15X) per cent. In the event said extra work be performed and paid for under Method (C), then the provisions of this para- graph shall apply and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property Damage and Workmen's Compensation and all other insurances as may be required by law or ordinances or directed by the Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise, these mat- ters shall be determined by the Contractor. Unless otherwise agreed upon, the prices for the use of machin- ery and equipment shall be determined by using 100%, unless otherwise specified, of the latest Schedule of Equipment and ownership Expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written extra work order. The fifteen percent (15X) of the actual field cost to be paid to Contractor shall cover and com- pensate him for his profit, overhead, general superintendence and field office expense, and all other ele- ments 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 wit[ 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 Repre- sentative 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 in- sists 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 -30- under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to arbi- tration 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 proposal, 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 any 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 Owner's 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 proposal to complete the work in accordance with these plans and specifications. It is further understood that any re- quest for clarification must be submitted no later than five days prior to the opening of bids. 26. RIDHT OF OWNER TO MODIFY METHODS AND EQUIPMENT If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work with the rate of progress required under this contract, the Owner or Owner's Representative may order the Contractor in writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order. If, at any time, the working force of the Contractor is inadequate for securing the progress herein speci- fied, 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. 9 27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC W The Contractor shall take out and procure a policy or policies of Workmen's Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workmen's 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, indem- nify 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 sus- tained 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 subcon- tractor 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 pro- gresses, are intended as reminders to the Contractor of his duty and shall not be construed as any assump- tion of duty to supervise safety precautions by either the Contractor or any of his subcontractors. -31- 28. CONTRACTOR'S INSURANCE The Contractor shall procure and carry at his sole cost and expense through the life of this contract, in- surance protection as hereinafter specified. Such insurance shall be carried with an insurance company au- thorized 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. Comprehensive General Liability Insurance The contractor shall have Comprehensive General Liability Insurance with limits of $300,000 Bodily Injury and $300,000 Property Damage 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) 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. B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance. The Contractor shall obtain an Owner's Protective or Contingent Public Liability Insurance policy naming the City of Lubbock as insured and the amount of such policy shall be as follows For bodily injuries, including accidental death, $500,000 per occurrence, and $100,000 for Property Damage. C. Comprehensive Automobile Liability Insurance The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than; Bodily Injury $250/500,000 Property Damage $100,000 to include all owned and non -owned cars including: Employers Non -ownership Liability Hired and Non - owned Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. D. Builder's Risk Insurance The Contractor shall obtain a Builder's Risk policy in the amount of (100% of poten- tial loss) naming the City of Lubbock as insured. -32- V. ob E. Excess or Umbrella Liability Insurance The Contractor shall have Excess or Umbrella Liability Insurance in the amount of ($1,000,000 minimum) with coverage to correspond with Comprehensive General Liability and Comprehen- sive Automobile Liability coverages. 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. F. Worker's Compensation and Employers Liability Insurance As required by state statute covering all employees whether employed by the Contractor or any Sub- contractor on the job with Employers Liability of at feast $100,000 limit. G. Proof of Coverage Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company setting forth: (1) The name and address of the insured. (2) The location of the operations to which the insurance applies. (3) The name of the policy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificate. (5) A provision that the policy may be canceled only by mailing written notice to the named in- sured at the address shown in the bid specifications. (b) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of the policies shown on the certificate. �. (7) The certificate or certificates shall be on the form (or identical copies thereof) con - twined in the job specifications. No substitute of nor amendment thereto will be accept- able. 29. 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 or 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 IP -33- 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. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION The contractor shall pay all royalties and license fees, and shall provide for the use of any design, de- vice, material or process covered by letters patent or copyright by suitable legal agreement with the Paten- tee 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 ail such loss when a particular design, device, material or process or the product of a particular manufacturer or manufacturers is speci- fied or required in these contract documents by Owner; provided, however, if choice of alternate design, de- vice, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harm- less from any loss on account thereof. If the material or process specified or required by Owner is an in- fringement, the Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement. 31. LAWS AND ORDINANCES The Contractor shall at all times observe and comely 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, in- sofar 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. 32. ASSIGNMENT AWD 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. 33. 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 shalt 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 con- sideration for the awarding of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $50.00 (FIFTY DOLLARS) PER DAY, not as a penalty, but as liquidated damages for the _34_ 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 com- pletion of the work described herein is reasonable time for the completion of the same, taking into consid- eration the average climatic change and conditions and usual industrial conditions prevailing in this Local- ity. The amount is fixed and agreed upon by and between the Contractor and the owner because of the impractica- bility and extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sus- tain, 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 further agreed and understood between the Contractor and owner that time is of the essence of this contract. 34. TIME AND ORDER OF COMPLETION It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Con- tractor 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 contact, the plans and specifications, and within the time of completion designated in the proposals; 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 Representri .,e, schedules which shall show the order in which the Contractor proposes 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 sev- eral parts. 35. EXTENSION OF TIME The Contractor agrees that he has submitted his proposal 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, walk -outs, acts of God or the public enemy, fire or flood. The Contractor may apply in writing for an ex- tension 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 re- ceipt of a written request for an extension of time by the Contractor supported by all requested docu- mentation shall then submit such written request to the City Council of the City of Lubbock for their con- sideration. Should the Contractor disagree with the action of City Council on granting an extension of time, such disagreement shall be settled by arbitration as hereinafter provided. 36, 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 in- cident to such work, whether growing out of delays in securing material or workmen or otherwise. No charge -35- 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. 37. QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. In the event this contract is let on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the estimated quantities are shown 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 proposals of- fered 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. 38. PROTECTION OF ADJOINING PROPERTY The Contractor shalt 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 perfor- mance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the exis- tence or character of the work. 39. 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 proposal attached hereto, which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing aLL materials and all Labor required for the aforesaid work, also, for all expenses incurred by 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. 40. 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 de- fective 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 con- tract. 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. -36- 41. PARTIAL PAYMENTS On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an applica- tion 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 par- tial 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 ma- terials 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 per- centage due Contractor. 42. FINAL COMPLETION AND ACCEPTANCE Within thirty-one (31) 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 in- spect the work and within said time, if the work be found to be completed or substantially completed in ac- cordance with the contract documents, the Owner's Representative shad issue to the Owner and Contractor his certificate of completion, and thereupon it shall be the duty of the Owner within thirty-one (31) days to issue a certificate of acceptance of the work to the Contractor, 43. 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 be- fore 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 con- tract; 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 condi- tions (if any) of this contract or required in the specifications made a part of this contract. 44. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK Contractor shall promptly remove from Owners' premises all materials condemned by the Owner's Representative er on account of failure to conform to the contract, whether actually incorporated in the work or not, and Con- tractor 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. 45. 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 -37- date of substantial completion. The Owner or the Owner's Representative shall give notice of observed de- fects with reasonable promptness. 46. 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 contractor. 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. 47. 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 shalt 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 other- wise in the contract documents. 48. ARBITRATION All questions of dispute under this agreement shall be submitted to arbitration at the request of either party to the dispute. The parties may agree upon one arbitrator, otherwise, there shall be three; one named in writing by each party and the third chosen by the two arbiters selected; or if the arbiters fail to se- lect a third within ten (10) days, he shall be chosen by the District Judge, 72nd Judicial District of Texas. Each arbiter shall be a resident of the City of Lubbock. Should the party demanding arbitration fail to name an arbiter within ten (10) days of the demand, his right to arbitrate shall lapse, and the de- cision of the owner's Representative shall be final and binding on him. Should the other party fail to choose an arbiter within ten (10) days, the owner's Representative shalt appoint such arbiter. Should ei- ther party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the arbiters are empowered by both parties to take Ex Parte Proceedings. The arbiters shalt act with promptness. The decision of any two shall be binding on both parties to the contract, unless either or both parties shall appeal within ten (10) days from date of the award by the ar- biters, and it is hereby agreed that each party shalt have the right of appeal and all proceedings shall be according to and governed by Arbitration Statutes of Texas, being Article 224, et seq., Vernon's Annotated Civil Statutes. THE DECISION OF THE ARBITERS UPON ANY QUESTiDN SUBMITTED TO ARBITRATION UNDER THIS CONTRACT SHALL BE A CONDIT10N PRECEDENT TO ANY RIGHT OF LEGAL ACTION. -38- The arbiters, if they deem the case demands it, are authorized to award the party whose contention is sus- tained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The ar- biters shall fix their own compensation, unless otherwise provided by agreement, and shall assess the costs and charges of the arbitration upon either or both parties. The award of the arbiters must be made in writ- ing and shall not be open to objection on account of the form of proceedings or award. 49. ABANDONMENT BY CONTRACTOR ' In case 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 or- ders 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 any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of such equipment and materials wit( 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, toots, materials and sup- plies 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 com- pleted 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 com- pleted by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess 11 to the Owner; or P l*' (b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspa- per 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 shalt 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 Owners 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, shatt pay the balance due as reflected by said statement within 30 days after the date of certificate of completion. -39- 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 atl 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 fait 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 shalt 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 sate to the credit of the Contractor and his Surety. Such sale may be made at either public or private sate, with or without notice, as the owner may elect. The Owner shalt release any machin- ery, equipment, toots, 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 In case the Owner shall fail to comply with the terms 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 incorpo- rated 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 Con- tractor at the prices stated in the the attached proposal, the value of all partially completed work at a fair and equitable price, and the amount of all Extra fork performed at the prices agreed upon, or provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Con- tractor 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, Linder the terms of this Agreement. 51. BONDS 11 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 statu- tory bands will not be required. All bonds, if required, shalt 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 fur- ther 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 con- ditions conflict with any of the general conditions contained in this contract, then in such event the special conditions shall control. -40- 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 borne 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 au- thority 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 ob- serve 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 sE.... be left in good order and condition. In case of dispute Owner may remove the debris and charge the cost to the Contractor. -41- THIS PAGE LEFT BLANK INTENTIONALLY [1 1 u u t CURRENT WAGE DETERMINATIONS -42- THIS PAGE LEFT BLANK INTENTIONALLY DGV:da aGrni iirsnrd Resolution 7#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. 5159x; and r• WHEREAS, such wage rates were established by Resolution No. 719 'enacted February 12, 1981, updated by Resolution No. 1590 enacted February 'i23, 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 D: 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 January 1987. 'I a/ X11113 , r 1 Ranettd,-Boyd, City Secretary APPROVED T ONTENT: 1 ' Bi 1 Pyne, D rector of Building Services B.C..McMINN, MAYOR APPROVED AS TO FORM: aL��kA "P7 Do ld G. Vandiver, First Assistant City Attorney EXHIBIT A City of Lubbock Building Construction Trades Prevailing Rates Craft Hourly Rate Acoustical Ceiling Installer $11.60 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 Insulator, Piping/Boiler 9.50 Insulator -Helper 5.00 Iron Worker 7.30 Laborer, General 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 Hourly Rate Asphalt Heaterman $5.25 Asphalt Shoveler 4.75 Concrete Finisher 7.35 Concrete Finisher -Helper 4.75 Electrician 10.50 Flagger 4.75 Form Setter 6.50 Form Setter -Helper 5.50 Laborer, General 4.75 Laborer, Utility 5.80 Mechanic 6.50 Mechanic -Helper 6.00 POWER EQUIPMENT OPERATORS Asphalt Paving Machine 6.00 Bulldozer 5.25 Concrete Paving Machinist 6.50 Front End Loader 5.85 Heavy Equipment Operator 6.40 Light Equipment Operator 6.40 Motor Grade Operator 8.00. Roller 5.25 Scraper 5.25 Tractor 5.50 Truck Driver - Light 5.25 Heavy 5.25 EXHIBIT C Electric Construction Trades Prevailing Wage Rates Craft Hourly Rate Power Line Foreman $11.00 Lineman Journeyman 10.45 Lineman Apprentice Series 8.90 Groundman Series 7.25 EXHIBIT D 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 .43- THIS PAGE LEFT BLANK INTENTIONALLY CITY OF LUBBOCK LANDFILL DIVISION SPECIFICATIONS FOR LANDFILL (MOTOR TRUCK) SCALES General 8. The scale must be designed so that the individual load cells can be electronically matched and the scale sections can be electronically calibrated. Furnish and install (1) one motor truck scale with a capacity of 60 tons and a weighing platform of 70 feet by 10 feet. Equipment shall be made up of parts designed to act as a unit, manufactured by a manufacturer experienced in the design, construction and operation of equipment for the purpose required. The scale weighbridge, instrumentation, load cells and embedded foundation items should be furnished by the scale manufacturer. Equipment 1. The scale shall be a modular 5 section 40 ton per section truck scale with a steel deck, with a minimum capacity of 120,000 pounds, utilizing a truss support system for high strength to weight ratio. The total structure should be designed to support a 60,000 pound dual axle load. 2. Weighbridge construction shall be of the sandwich type providing a structure totally enclosed top and bottom to eliminate pockets which would accumulate dirt, debris, moisture, etc. 3. The internal structure of the sandwich shall be protected from corrosion by such means that are available i.e. vapor emitting devices. 4. The total height is not to exceed 14 inches. 5. The scale shall be completely self checking, no check rods shall be used. Scale shall not use the load cell as a checking devise. 6. All load cells, junction boxes and scale checking system must be accessible through removable covers held in place by stainless steel hardware. 7. Load cells shall be mounted and securely supported on the foundation. 8. The scale must be designed so that the individual load cells can be electronically matched and the scale sections can be electronically calibrated. 9. NTEP approved load cells shall be super strong double shear beam, electronic units, zinc coated (galvanized) with a coat of epoxy ester paint. Esoteric load cells, which can be supplied by one manufacturer only, should not be considered. 10. The scale load receiver (platform and components) shall have a conditional 10 year warranty, including the load cells against lightning damage. 11. Scale shall be designed to be easily field expandable to meet future needs. 12. Scale installation and future maintenance shall be accomplished by factory trained service personnel directly employed by the manufacturer. Construction shall be accomplished by factory recommended construction personnel. 13. Foundation shall be full slab design, capable of proper operation on soil bearing down to a minimum of 1000 p.s.f. with approaches on each end a minimum of 12 feet wide, 10 feet long on the same plane as the scale platform, with an additional 25 feet of approach on each end, sloped to grade. Approaches shall have a minimum of 8 inches in thickness. Concrete shall have a minimum compressive strength of 4000 p.s.i. reinforced with no.5 grade, 60 bars on 12 inch centers both ways . The top of the foundation slab shall be a minimum of 6 inches above existing grade. 14. All exterior surfaces of the scale shall have a two part epoxy primer coat. The final coat of epoxy paint shall be applied to the weighbridge's exterior surface to a minimum of 4 mils dry film thickness. 15. Each load cell shall have a minimum capacity of 45,000 pounds. 16. The load cell interface cable shall be stainless steel sheathed for added environmental and rodent protection. Service Factory maintenance and repair service personnel trained in repair of this scale, and replacement parts will be readily available. This service shop will utilize only factory trained technicians, and have available at least 20,000 pounds of certified test weights for scale testing. The scale manufacturer shall also be in a position to offer a scale service maintenance contract which outlines a plan by which representatives of the scale manufacturer periodically check and service all scale equipment. Please price; I. Full maintenance contract pricing over 3 years. 2. Semi-annual test and calibration only. 1 Specifications and Software All software necessary for the operation of the system as described in these specifications shall be included by the vendor. All software must be IBM compatible. Scale signal will be specified as an RS -232 output, so as to facilitate interfacing with an automation system. Additionally, software and/or supplies normally furnished by the manufacturer or supplied as standard issue for a similar system shall be included. The omission of any item of software or hardware which is reasonably necessary for the proper operation of the system shall not relieve the vendor of the responsibility of furnishing and installing all such equipment. A. Background: The Automation devices/software will record weight transaction originating from scale action. The printed transaction forms will vary, depending on customer type, but will include an appropriate combination of unit price, total price, tare weight, gross weight, vehicle/driver identification such as vehicle license plate number, customer, origin, date, etc. A daily summary report will be generated. Each transaction will be written to both hard drive and floppy diskette thereby providing a good level of data integrity. The computer will be used to query for particular data, update data, generate user defined reports, calculate volumes and densities, etc. B. Flexibility: The software outlined shall be capable of accepting new field size formats, Character to Numeric to Date changes without major programing. In addition, the software component shall be capable of accepting field truncations when so desired. The report generator shall be capable of various format types. As the state and federal regulations evolve into requiring more detailed records of waste histories, the software shall be capable of reading from and writing to different data structure specifications. C. Ease of operation: The software screens shall be easy enough to use to accommodate a non -computer, familiar person. Screens shall be intuitive and non -intimidating. Screen help shall be defined to the same function key from any level and process aborts shall be accessed by the escape key from all levels of windows. 1 D. Weighing of trucks: Software shall have the capacity to enable the operator to retire or update a vehicle number as needed. Vehicles pulling up to the scale to be weighed will have their assigned number entered into the computer by the scale operator. Non -city vehicles will be assigned a temporary number based on their license plate and company name by which to register. The system shall be designed in such a manner as to allow the operator to circumvent the weigh-in/weigh-out iteration, if traffic conditions so warrant. The computer shall search a database table for a pricing structure and will bill the driver on a City of Lubbock pre-printed multi -part form for a cash transaction or on a charge account basis. The receipt will have both the rate structure, the weight numbers, and the computations. To enable the transaction mode, the operator shall strike a minimum of keystrokes. E. Sales Transactions: Sales and credit transactions shall be discernible by the software. The system shall be able to keep track of all credit sales and generate appropriate billing statements on City of Lubbock forms. Cash sales shall have relevant daily cash sales report as a matter of daily cash count associated with the billing function or the report function. F. Data Security: Transactions of truck weights will be structured using tare and gross weights for each transaction. Each transaction must have all operator entered elements or transaction will not be valid. The contingency for scale failure shall be addressed by having the system use average gross weight and average tare weight for transactions. Certain levels of data transactions or screens shall be password protected from user access. Each transaction shall be written to both the hard disk and a floppy disk, thereby providing an extra measure security against loss of data or corruption resulting from a hard disk crash. G. Interactive Report Queries: User shall have the ability to poll the database for transaction data to ascertain a particular tare, gross net vehicle weight information for completing a particular transaction. H. Report Writer: In addition to pre -defined report formats, a user friendly report generator shall be included in the software to facilitate on -the -fly reports, and make brief data summaries as pertaining to a captive data condition filter. I. Session Defined Invoicing: Session defined invoicing shall generate customer invoicing as per user defined conditions for daily, monthly, quarterly, or yearly statements. J. Data Integrity: Data integrity is of utmost importance and appending, deleting, or modifying of previous version of data files must meet with operator approval prior to action. Screens shall clearly explain what action is about to occur. Sensitive data must have the ability to be exempted from corruption by new versions of data files. K. Report Generator: A generic report generator shall be accessible to the user and give him/her the ability to create and run reports based on data files queried. t L. Documentation All systems shall include full and complete ■ documentation for one site. Documentation shall consist of full user manuals, and detailed reference manuals. Update shall be provided on a perpetual basis. The user manuals shall be structured in such a manner as to augment the training session time provided to users. User manuals shall be written in such a way as to not require a seasoned programmer for interpretation. Information shall be related as to a non -computer literate person. Manuals shall be organized in book format and mechanically bound (i.e. notebook, etc.). A clear table of contents, index, chapters, and vendor unique glossary shall be included to comprise a standard format reference manual. M. Installation and Training: The equipment shall be delivered and installed during a two week period from the time the vendor is notified that the City of Lubbock is ready for the equipment. The vendor shall supply all cable/conduit runs, power runs for dedicated power connections, and all hardware needed to connect and make the equipment functional. A training period of up to one week (5 working days) shall be supplied as needed by the City of Lubbock when requested and only after all equipment is installed and operating. Vendor shall supply two electrical as built drawings showing wiring and hardware.. N. Warranty: The total system shall be warranted for a period of one year from the date of acceptance by the Cit of Lubbock. During this time period, software errors shall be corrected by the vendor free of charge. Service shall be provided at the highest priority and quality level by the vendor, or his designated service carrier. Vendor corrections of software shall be within a 48 hour period, r either correcting the actual service unit or providing a temporary alternative during servicing the actual unit. Software manuals shall be provided. Software telephone support shall be made available to the City staff for a period of one year during the hours of 8:00 a.m. to 5:00 p.m. (CST) Monday - Friday. An extended Warranty plan available for two or three years beyond the initial Warranty period shall be presented by the vendor as an option available to the user. 0. Descriptive Literature: Proposals shall include complete descriptive literature for software provided. Proposals received without descriptive literature will not be considered. Warranty: The successful bidder shall warrant all items of equipment to be furnished and installed against defective material or workmanship for a period of one year from date of acceptance. Any questions should be directed to John Cobb, Landfill Supervisor, (806 767-2492) 1 Fl t 1 t 11 li SPECIAL CONDITIONS -4h- THIS PAGE LEFT BLANK INTENTIONALLY City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 BOB -767-2167 Hammel Scale of Texas, Inc. 5726 40th Street Lubbock, TX 79407 SUBJECT: Truck Weigh Scale - Sanitary Landfill November 17, 1992 Office of Purchasing The City of Lubbock, having considered the proposals submitted and opened on the 9th day of October, 1992, for work to be done and materials to be furnished in and for: City of Lubbock Bid # 12246 Truck Weigh Scale - Sanitary Landfill as set forth in detail in the Specifications, Plans, and Contract Documents for such work for the City of Lubbock; it appearing that your proposal is fair, equitable and to the best interest of said City, please take notice that said proposal was accepted by the City Council of the City of Lubbock on November 12, 1992, at the bid price contained therein, subject to the execution of and furnishing of all other documents specified and required to be executed and furnished under the contract documents. It will be necessary for you to execute and furnish to the City of Lubbock all such documents within ten (10) days from your receipt of this Notice. The five percent (5%) bid security, submitted with your proposal, will be returned upon the execution of such contract documents and bonds within the above specified ten (10) day period. In the event you should fail to execute and furnish such contract documents and bonds within the time limit specified, said bid security will be retained by the City of Lubbock. CUShufLfUiel K Ron BUYER